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1-9-12 MINUTES REGULAR CITY COMMISSION MEETING January 9, 2012 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tem Maria Mark City Manager Jim Hanson Commissioner Mark Beckenbach City Clerk Donna L. Bartle Commissioner Jonathan Daugherty 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 Mark gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approve the minutes of the Regular Commission Meeting of December 12, 2011. Motion: Approve the minutes of the Regular Commission Meeting of December 12, 2011. Moved by Daugherty, Seconded by Woods Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 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. Dezmond Waters, 1835 Seminole Road, addressed the Commission regarding the request Dutton Island Gardeners submitted for matching funds under the City's existing beautification policy. He explained the request for the funds for the Community Garden showing a slide of the location indicating the improvements they plan to make to the site. He turned the podium over to Jesse Dattilo who is with their community involvement, who will be followed by Lance Wilson who designed the garden plan. Jesse Dattilo, 1983 Beach Avenue, stated she has been a volunteer at Donner Park with their after school program for three years. She further addressed the Community Garden, stating this project will be a win/win for the whole community and especially for the citizens around Donner Park and the area around the garden. Lance Wolfson, 1725 Beach Avenue, explained the drawing of the site plan he designed for the community garden stating they wanted to create a community garden that would allow people to come by and plant vegetables and flowers. He stated it is a good way to create a sense of community. He stated he wanted to provide areas for seating and this is a basic plan to show them what they were thinking and planning. He showed a slide of an initial rendering depicting a fence, storage shed, rain barrel, and two compost piles. January 9, 2012 REGULAR COMMISSION MEETING Page 2 Commissioner Maria Mark presented a basket to the DIG group as a thank you from herself personally. She stated when she had her medical emergency the group left a bunch of healthy greens at her door and this is her way of thanking them. Philip Ghiotto, 1528 Park Terrace West, addressed the Commission regarding the proposed relocation of the green market to Johansen Park stating he and his wife enjoy the park as it was intended, a passive park. He stated relocating the market to Johansen Park is a terrible idea because it offers no parking. He stated any parking would be within the park area which would lead to killing any ground cover and would impact the root system of nearby trees. He asked why they continue to see proposals that are inconsistent with that passive park designation. He stated the park has been in its current existence as a passive park for almost 56 years and asked if this Commission is ready to change 56 years of it being a passive park. He also asked if the organizers have considered changing the day that the market meets so people can actually visit the market. He stated, to him, Wednesday is a really off day and he believes a Saturday would be much better attended. He also asked if the organizers of the market have considered other locations, such as Jack Russell or Howell Parks or contacting Selva Marina Country Club, which has a large parking area. He stated he does not believe the proposal fits the definition of a passive park and parking vehicles there would have a very adverse impact on the park. He reiterated that Johansen Park has existed in its current state since May 1956 and he urged the Commission to leave the park alone. John November, 647 Beach Avenue, thanked David Thompson for his service to the community, stating his dedication and love for the City is truly admirable. He also announced that the Marsh Preservation Society has acquired the funds to donate a number of Adirondack chairs and an educational cigarette butt receptacle called a bait tank. He thanked Rick Carper, Tim Gilboy, Jim Hanson, Wade Olszewski, and Maria Mark for all their efforts in making this a reality. He stated in his opinion this really fosters a sense of community on that side of town. He further addressed the DIG community garden stating this is a perfect use of the beautification money and will give them the boost they need to make this happen but it will ensure its sustainability over time. He also addressed the opinion requested by Commissioner Beckenbach to City Attorney Alan Jensen. He stated this opinion was related to the ability of the appointment of committees, which is a major issue due to our current status over the situation with the police station. He stated Commissioner Beckenbach requested a legal opinion from the City Attorney, whose role is to be a counselor at law and an attorney and provide legal opinion to that particular question asked. He stated, in his opinion, Mr. Jensen made a very cursory opinion that jumped to a conclusion that he believes is inconsistent with the purpose and intent of our City Commission form of government and what would be the best situation for our City moving forward. He stated this should not have required a City Commissioner to go forward and do his own research and not be able to depend on the opinion of an attorney. He stated he is an attorney and believes the opinion rendered by Alan Jensen was not sufficient to provide a decent and essential opinion to Commissioner Beckenbach's request. Jeff Wight, 1908 Sea Oats, volunteer member of the Cultural Arts and Recreation Advisory Committee (CARAC), addressed the relocation of the mid -week market. He explained the background of the market and how it is run. He stated CARAC has unanimously proposed the relocation to Johansen Park, showing a slide of the area in Johansen Park where they are requesting to relocate. He stated they need to be in a visible spot and estimates that this location is 10 times as visible as the current location. He believes it is realistic they could double their customers at this location, which is their goal. He stated they are not looking to expand and be a large market but to remain a small happy market that delivers fruits and vegetables to Atlantic Beach. He stated they wish they had started the market at Johansen but chose Bull because it was family friendly and was a great spot for music but it is a little too hippy for them, which is why they have proposed this move to Johansen. January 9, 2012 REGULAR COMMISSION MEETING Page 3 No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meeting A. City Manager's Follow -up Report. Mr. Hanson gave a follow -up report on online auctions, stating historically Atlantic Beach has sold their cars at a single once a year auction. He stated they have tried out a couple of the largest online auction sites recently and concluded they received about the same amount of money as they would through an in- person auction. He stated it takes about the same amount of time in putting something online for auction as it would be to take it to Jacksonville Beach and sell it. He stated, however, the online auctions have a big advantage in that they can sell a vehicle very quickly rather than having them sit at Public Works for months, which tends to degrade the vehicle. He stated staff believes there is a place for the online auctions in some situations and the City's purchasing policy says we can cooperatively sell the property by public auction and doesn't specify whether it is in person or online. He stated, therefore, staff considers it a viable altemative depending on the situation, so they will be using both. He also reported on John November's comment regarding the donation of the furniture for Sunset Pier, showing a slide of sample chairs. He stated staff believes they need to be bolted down and believes they are in agreement on that. He stated they can approve putting these in under the memorial donation policy. He stated this does not need Commission approval but did want to follow up, stating he appreciates the support of this group in raising funds for an important project. Commissioner Daugherty asked when the chairs will be in. Mr. November stated they will be installed in a month. 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 Financial Report for November 2011, Public Works and Utility Department Status Report as of December 28, 2011 and List of New Businesses for December 2011. B. Declare the list of property as surplus so that it may be disposed of in the most beneficial way to the City. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Items A & B as read. Moved by Daugherty, Seconded by Woods Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports January 9, 2012 REGULAR COMMISSION MEETING Page 4 None. 6. Action on Resolutions A. RESOLUTION NO. 12-01 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA HONORING DAVID THOMPSON FOR HIS DISTINGUISHED SERVICE TO THE CITY OF ATLANTIC BEACH. Mayor Borno read Resolution No. 12 -01 by title. Motion: Approve Resolution No. 12 -01. Moved by Woods, Seconded by Daugherty Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Mayor Borno read the resolution in its entirety and presented it to Assistant City Manager David Thompson. Item 8C was taken out of sequence and acted on at this time. 8C. Present badge and gun to David Thompson. Mayor Borno stated in the past it has been recommended by the Chief of Police that police officers taking a full retirement have been awarded their badges and their duty pistols and in each case the Police Department has brought these matters before the City Commission to obtain approval. He stated the purpose of this staff report is to seek approval to continue this tradition. Motion: Approve awarding the .40 caliber Glock Model 22, Serial Number LEV359, and the Police Chief duty badge to David E. Thompson. Moved by Woods, Seconded by Mark Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Mayor Borno presented Mr. Thompson with the gun and badge, stating he should carry it in health and for the safety of the good. Mr. Thompson thanked the Commission and those in the audience, stating he is looking forward to getting back into law enforcement. He stated he believes life is an adventure. He introduced his family who were in the audience. 7. Action on Ordinances A. ORDINANCE NO. 60-12-17, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES WHICH REGULATES SIGNS AND ADVERTISING STRUCTURES AS ADOPTED BY ORDINANCE NUMBER 60- 02 -12, INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY AMENDING SECTION 17 -29, SIGNS PERMITTED WITHIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS; PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 60 -12 -17 by title. January 9, 2012 REGULAR COMMISSION MEETING Page 5 Motion: Approve Ordinance No. 60- 12 -17. Moved by Woods, Seconded by Beckenbach Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Building Official Mike Griffin stated at the first reading of the Ordinance on December 12, 2011, at the request of the Commission, staff added a change to Section 17 -29(a) (1) a and (2) a as indicated in Exhibit A. Mr. Hanson stated the Commission will need to vote to amend the Ordinance. Motion: Amend the Ordinance as worded by star to limit signage to 100 s.f. if the building is within 100 feet of the right -of -way and to allow up to 200 s.f. if the building is beyond 100 feet from the right -of -way. Moved by Woods, Seconded by Beckenbach Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Motion: Approve Ordinance No. 60- 12 -17, as amended. Moved by Woods, Seconded by Beckenbach Commissioner Beckenbach thanked Mr. Griffin for taking him around to the different areas to show him what the signage would look like. He stated he believes the amended ordinance is excellent for the community. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. ORDINANCE NO. 5-12-54, Public Hearing and Final Reading AN ORDINANCE AMENDING CHAPTER 2 DIVISION 2 CODE ENFORCEMENT BOARD OF THE CITY CODE PROVIDING FOR POWERS OF THE CODE ENFORCEMENT BOARD; PROVIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR HEARING PROCEDURES; PROVIDING FOR ADMINISTRATIVE FINES, LIENS AND MONEY JUDGEMENTS; PROVIDING FOR A FEE STRUCTURE FOR RELEASE OF LIENS; PROVING FOR PROCEDURES FOR CONTEST, APPEAL AND REHEARING; PROVIDING NOTICE REQUIREMENTS, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 5 -12 -54 by title. Motion: Approve Ordinance No. 5 12 - 54. Moved by Daugherty, Seconded by Mark Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 January 9, 2012 REGULAR COMMISSION MEETING Page 6 MOTION CARRIED C. ORDINANCE NUMBER 5- 12 -55, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2 -16, TIME AND PLACE OF REGULAR MEETINGS, TO CHANGE THE TIME OF REGULAR MEETINGS TO 6:30 P.M. AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 5 -12 -55 by title. Motion: Approve Ordinance No. 5- 12 -55. Moved by Daugherty, Seconded by Beckenbach Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Commissioner Daugherty asked if there will still be two meetings on the night the new Commission is seated. Commissioner Woods stated this does not change any of the procedures. Mayor Borno agreed that would be a different procedure, this is just on the night of the election. Mr. Hanson explained that will not have a bearing on that; they will still have two basic meetings on that first night, one to conclude the business of the outgoing commission and swear in a new commission and then one to cover whatever agenda you have for the new commission. Commissioner Beckenbach asked if this is passed, will the next meeting be at 6:30. Mayor Borno stated yes. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED D. ORDINANCE NO. 20 -12 -113, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012. Mayor Borno read Ordinance No. 20 -12 -113 by title. Motion: Approve Ordinance No. 20 -12 -113. Moved by Woods, Seconded by Daugherty Chief Classey explained this budget ordinance has two components, the first is regarding a justice assistance grant we were recently awarded and the second is related to forfeiture income, which is being moved from the account balance to the expenditure account. He stated this is because the monies from the JAG grant and the PGI money are being used jointly to purchase some of the surveillance equipment. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 January 9,2012 REGULAR COMMISSION MEETING Page 7 MOTION CARRIED 8. Miscellaneous Business A. Request for Financial Assistance related to Community Garden on City Property located on Dutton Island Road. Mr. Hanson explained the request stating it is similar to other requests the Commission has received that have been funded under the City's Public Beach Access Beautification Program. He stated the policy was amended to include landscape projects on medians and public roads. He stated this community garden project does not technically meet the definition of the allowable uses, but otherwise it is very similar to the other projects approved by the Commission. He explained the background of how the project came about. He stated although no funds have been budgeted for this, it is a small amount and can be taken out of fund balance and would take a budget amending ordinance in the future. He explained our policy does call for a maximum City match of up to $2,500. He recommended the Commission approve the request. Motion: Approve the request of Dutton Island Gardeners for matching funds up to $2,500 to construct and maintain a community garden on the City -owned lot on Dutton Island Road. Moved by Daugherty, Seconded by Woods Genevieve Fletcher, 804 East Coast Drive, stated her interpretation of the policy was that they can actually apply for up to $4,000 in matching funds, which is not saying that is absolutely necessary but she just wanted to let that be known in case it is an option. Commissioner Daugherty stated it actually says if a water tap is needed the $4,000 is available. Discussion ensued and it was determined this project does not qualify for the extra funds. Commissioner Beckenbach asked what their plans are for educating the young children. Jesse Dattilo explained the children who are involved now are children who are part of the after- school project at Donner Park. She explained part of their project is to not only have the children actually do gardening but to teach them about what will happen to what they plant, what's good to plant, what the seasons are, etc. Discussion ensued. Brittany Norris, 1304 Main Street, and Dezmond Waters spoke about the educational opportunities. Discussion ensued. Commissioner Beckenbach asked how many people are on the committee. Mr. Waters stated there are seven committee posts filled, with one to be filled. Commissioner Daugherty commended those working on this project and gave them a donation. Ms. Dattilo announced they are having their first Fundraiser at Urban Flats in Ponte Vedra on Thursday. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. Relocate the mid -week Market to Johansen Park. January 9.2012 REGULAR COMMISSION MEETING Page 8 Recreation Programs and Special Events Director Timmy Johnson explained the request stating he was here to answer any questions they may have. Commissioner Daugherty asked if they looked at Jack Russell Park as an option. Mr. Johnson stated they looked at Russell Park and other locations and believe Russell Park is too busy. Commissioner Daugherty asked why the current site is not adequate. Mr. Wight explained they are bringing in about half the traffic they need to sustain the market. He stated they need a busier site, which is Johansen. Commissioner Daugherty asked if they have considered moving it to Saturday. Mr. Wight stated they did not want to compete with the green market. Mr. Johnson stated it is also harder to get the vendors to come out on a Saturday because they may be at other locations. He stated Bull Park is not inadequate, they just believe Johansen is a little more visible and would get more people to come out. Commissioner Beckenbach asked if they have spoken with the residents around the park. Mr. Wight stated they had not, but this is a small market and will not look anything like the larger markets. Commissioner Beckenbach stated he has had residents speak to him who are really concerned about it growing past what Mr. Wight is saying and believes it would behoove them to get with those people who live around the park. Mr. Wight stated what they would prefer is a trial period. He stated if they put this on hold, it will create a very unstable environment for the market and he does not believe this would be good. He believes if they made the move to Johansen it would be easy and exciting but if they put it on hold it would be frustrating and stressful for everyone involved. The Commission stated concern about approving the move before speaking with the neighbors involved regarding the issues involved. Discussion ensued. Mr. Hanson suggested a public hearing after Mr. Wight and his group go door -to -door to speak with the neighbors to minimize opposition. Mr. Wight stated he would prefer doing this informally. Mr. Johnson suggested deferral until they come back to the Commission. He stated this will give them time to contact various people who may oppose it or be for it and they will then put something together to bring back to the Commission. Motion: Defer until the CARAC comes back to the Commission. Moved by Woods, Seconded by Mark Commissioner Mark asked Mr. Carper if he looked at the site regarding parking. Mr. Carper stated his concern is with multiple people parking in the same spot over and over it will be very hard to maintain any grass along the side of the road. Commissioner Daugherty asked why they don't have any stabilized parking for Johansen Park. Mr. Carper stated they allow people to park along the roadway in the park because they are not routinely doing it and you are not getting a car parked in the same spot over and over again, so the grass can recover. He stated his recommendation would be to not allow any parking along Seminole Road, because there is too much traffic. He stated to add stabilized parking along Park Terrace East or West is something they could do but any way they do it they will damage trees. He stated he believes there is less harm to the trees by just letting people continue to do what they do now. Genevieve Fletcher stated Mr. Wight said visibility was an issue and noticed they always have the market along the sidewalk and was wondering if there was a reason why it couldn't be on the green space at Bull Park, which is more visible. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 January 9.2012 REGULAR COMMISSION MEETING Page 9 MOTION CARRIED C. Present badge and gun to David Thompson. This item was taken out of sequence and acted on earlier in the meeting. D. Memorandum of Agreement Between City of Atlantic Beach and North Florida Utility Coordination Group (NFUCG) to Assess Groundwater Sustainability in Northeast Florida. Mr. Hanson explained Donna Kaluzniak is out due to family illness and asked that Items D and F be deferred until the next meeting. He also stated the two reports he referenced under his written City Manager Report were also Ms. Kaluzniak's and he would like to defer them until the next meeting as well. Motion: Defer Items 8D, 8F and 9A to the next meeting. Moved by Beckenbach, Seconded by Daugherty Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED E. Request to apply for a USTA 10 and Under Tennis (QuickStart) Line & Conversion Grant. Timmy Johnson summarized his staff report, showing slides of the tennis courts indicating the painted lines for children 10 and under. He stated staff is requesting approval to apply for this matching grant. Motion: Authorize staff to submit a USTA 10 and Under Tennis (QuickStart) Line & Conversion Grant to enhance the kids' tennis program in Atlantic Beach. Moved by Woods, Seconded by Daugherty Mayor Borno stated the total cost to put the lines in is $760. Mr. Johnson stated that is for four courts at Russell and two at Donner Parks. Mayor Borno clarified that if we get the grant there will be a $380 cost to the City. He stated there is no money in the budget for this so they will have to adjust the budget in the future if the grant is approved. Commissioner Daugherty asked if the time it will take staff to apply for the grant is worth $380. Mr. Johnson stated it is not a long process; it is just a two -page grant. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED F. Sewer Rehabilitation for FY12. This item was deferred under Item 8D to the next meeting. G. Approval of Scope and Fee for Cost Analysis of the COJ Solid Waste System. January 9.2012 REGULAR COMMISSION MEETING Page 10 Rick Carper summarized his staff report stating they received four responses to the RFP. He stated after review by Jim Jarboe, Jim Hanson and himself they came up with a short list of two firms and after conducting interviews with the firms selected MSW Consultants due to their experience. He stated they have received written agreement from the City of Jacksonville's Chief of Staff saying they will cooperate with the study. He detailed what the study will involve. Mr. Hanson explained this is a joint project with Neptune Beach and before they give MSW notice to proceed they will have to get approval from Neptune Beach. Discussion ensued. Motion: Authorize the City Manager to execute the agreement with MidAtlantic Solid Waste (MSW) Consultants for the Cost Analysis of the COJ Solid Waste System. Moved by Daugherty, Seconded by Mark Commissioner Woods noted she was encouraged by the letter from the Mayor of Jacksonville. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 9. City Manager A. City Manager's Report. City Manager Jim Hanson reported on the alcohol deployment on December 29, with three of 18 establishments selling alcohol to minors including Culhanes (3` violation), Kangaroo on Mayport Road (6 violation), and Mama Tia's (1 violation, owner made sale). He pointed out when it is the owner of the establishment who makes the sale, DBAT can proceed directly with fines and/or temporary revocation of license. 10. Reports and /or requests from City Commissioners and City Attorney Commissioner Mark • Reported on Marsh Fest held on November 19, stating it was a huge success and they raised over $2,800 in donations. Thanked Commissioner Daugherty and John November, for insisting we revisit the idea of making this an annual community event; Timmy Johnson, Tim Gilboy, Chief Classey, for making the event as successful as it was; Ed Hogan from Nautical Escapes who handled all the marsh tours; Academy Sports that came out and had the fishing; David Thompson for providing all the crab traps; and Dagher Printing, who donated their printing for our flyers and posters for every Marsh Fest. • Will attend the FLC Legislative Action Days on January 24 and 25 in Tallahassee. • Reminded everyone of the Town Hall Meetings, stating the first one was very successful. Stated the next Town Hall meetings will be on the 14 at Donner, the 21 at Jordan, and the 28 in the Chamber. All meetings will be from 10:00 a.m. to 12:00 p.m. • Will attend a luncheon on Thursday, in place of Mayor Borno, to give a state of our cities report at the Jacksonville Chamber Beaches Division meeting from 12:00 — 1:30 p.m. at the Casa Marina. • Gave handouts related to the Community Planning Act to Donna Bartle for distribution to the Commission, City Manager, and Erika Hall. Mayor Borno thanked Commissioner Mark for filling in for him at the luncheon on Thursday. January 9, 2012 REGULAR COMMISSION MEETING Page 11 Commissioner Woods • Will also attend the FLC Legislative Action Days. Commissioner Daugherty • Stated Marsh Fest could not have happened without Maria's leadership and community organizing. • Will be working on a project for a kayak fishing tournament at Dutton Island, which they will hear more on later. • Encouraged everyone to tour the Police Station before tomorrow's meeting. • Has received numerous complaints about animal control and asked the City Manager to give a report on the effect of reducing the animal control staff from two officers to one and outsourcing the boarding of stray pets to privately -owned local facilities for consideration at the next meeting. Commissioner Beckenbach • Continued the discussion from the last meeting regarding City Attorney Jensen's opinion. Stated John November had mentioned this earlier and he was one of the attorneys he spoke with, along with Ben DeLuna, Lyman Fletcher and Brooks Rathet. He further discussed the form of government we have, a commission/manager government, and the duties of the Mayor - Commissioner. He also discussed the opinion given by the City Attorney disagreeing with his wording of "shall" rather than "may ", stating "shall" gives a broader power than "may" which gives a more narrow power. He stated Mr. Jensen's opinion is saying the Commission does not have the right to appoint members. He further discussed Section 63, Removal of Members of Boards, Commissions or Agency. He pointed out that the opinion Mr. Jensen gave does not conform to what the Charter actually says and he disagrees with him. He stated his belief is what he originally said was that the entire committee can be, from a vote of three, appointed and he is going to make that suggestion. He stated he would like to bring to the floor a question as to when they were planning on deferring that committee determination to. Mayor Borno stated at the workshop tomorrow they would look for a consensus as to what their direction would be. Commissioner Woods stated she looked at Robert's Rules of Order, stating the Charter specifically calls out Robert's Rules and says when there are questions, then Robert's Rules takes precedence. She read a section on methods of appointment, stating this specifically says the present Mayor cannot himself decide and choose all of the members. Commissioner Beckenbach stated it is really in the hands of the Commission, according to our Charter, and the four lawyers he spoke to said the same thing. He stated the only one he asked for an interpretation from who said it was only the Mayor was our City Attorney. He stated the Mayor said we will have a consensus at the end of the workshop as to which way they will go and he assumes that will defer the committee nomination, if there is a consensus, until the next meeting. Mayor Borno stated they will have to cross that bridge tomorrow night to see where they are at. Commissioner Woods stated they could discuss that now and get consensus to bring it up at the next meeting. Mayor Borno stated they are under Reports, etc. and are not into action items and Commissioner Beckenbach has the floor. Commissioner Beckenbach stated he was just passing the information out to every Commissioner that they, as the Commission, including the Mayor - Commissioner, have a vote and they can decide whether or not they want a task force or to have a committee and they can decide on the appointment of members to that committee. City Attorney Jensen • Responded to Commissioner Beckenbach stating some of the questions are rhetorical, explaining Section 63 of the Charter does not say anything about how committees are appointed but deals January 9, 2012 REGULAR COMMISSION MEETING Page 12 solely with the removal of people from Committees and Boards. He further stated Section 3 and Section 9 of the Charter, which discuss all powers that lie with the City Commission, are general in nature without any specifics. He stated the specific language in Section 8 that discusses the appointment of committees is specific and when you interpret a document the specific language always prevails over the general language. He stated it is important to keep the issue straight that his opinion clearly states that the Mayor may appoint a committee if he desires one and he may appoint a committee if the Commission desires one. He stated he did not insert "shall" into that language. He stated "shall" comes later when he gave his opinion regarding who appoints the committee members. He stated it is very clear to him because of the specific language in Section 8 of the Charter and, again, it doesn't say that the Commission appoints a committee, it says the Mayor. He stated it is an executive power given to the Mayor by our Charter, just as the fact that the Mayor is given the power specifically in the Charter to run the meetings. He stated that is in there specifically. He stated shortly after their meeting in December, Commissioner Beckenbach provided him with the names of four lawyers he had talked to. He stated he called every one of them on December 21 and left messages on their phones and Lyman Fletcher was the only one who called him back and that was today about 12:30 p.m. He stated he returned Mr. Fletcher's call and wasn't able to speak with him. He stated he knows a lot about Lyman and what he does, because he has dealt with him for years, but he doesn't know anything about John November's experience, education, background, what kind of law he practices, etc. He stated he also does not know anything about the other two individuals he gave him. He stated he does know that one of them is not a member of the Florida Bar, not that that makes a difference, but they are dealing with Florida Home Rule powers and Florida law, basically. He stated after giving him his opinion and trying to speak to these other attorneys, to confirm what he thought was the correct interpretation, he spoke to some other lawyers. He also spoke with some judges and all of them said the Mayor appoints committees and the Mayor appoints committee members; it is clear in the Charter. He listed the lawyers he spoke to: Dale Westling, who has practiced in Jacksonville over 35 years; Bob Willis, who is a very successful criminal law, constitutional law type attorney and has been practicing 40 years. He stated he has been practicing law for 38 years, during which time 23 years plus has been as City Attorney and nine years as an elected official in Atlantic Beach. He stated he has been to seminars dealing with these types of things almost on a yearly basis for 25 -30 years. He stated he also spoke specifically to a judge, Greg McCaulie, who was a lawyer for about 20 years and is currently a circuit court judge in Jacksonville, with 15 years as a judge. He stated Mr. McCaulie has handled family law, criminal law and civil law matters. He stated his answer was the same without question or hesitation. He stated he was also former chairman of our Community Development Board. He reiterated there is no question in his mind that the statement, the Mayor appoints committees and the Mayor appoints the committee members is correct. He stated he is not saying that he agrees that it is right, he is just saying that is what it says. He stated that is his interpretation and the interpretation of the other two lawyers and the Circuit Court Judge he spoke to. He stated he believes if they were to do otherwise than what is provided for by the Charter that they would be in violation of the Charter. He stated if they want to change the Charter, that can go to a public referendum. He stated nowhere in the Charter or Ordinances at any place does it ever say the Commission may or shall appoint committees; it says the Mayor may appoint a committee if he wants one and the Mayor may appoint a committee if the Commission desires one. He stated, regarding the language Commissioner Woods read out of Robert's Rules, we have specific language in our Charter that already addresses that and is going to overrule the generalities of what is in Robert's Rules. Commissioner Woods stated what she read was not generalities, it was basically quoting that the Mayor may appoint and explaining that that does not mean that the Mayor picks the committee and all the members, etc.; it still goes to a vote. Mr. Jensen stated there is no question in his mind, based on his experience, his years with January 9, 2012 REGULAR COMMISSION MEETING Page 13 the City, his education, his training, and having devoted a substantial portion of his practice to local government law, and after speaking with highly respected attorneys and a circuit court judge who unhesitatingly said the Mayor appoints committees and committee members. Commissioner Beckenbach asked if they said the Commission does not or cannot. Mr. Jensen asked them who has the power to appoint committees and committee members and in both cases they said it is clearly the Mayor, not the Commissioners. Commissioner Beckenbach asked if he was saying that the only person, right now, on this Commission who can appoint committees or select any of the members is the Mayor. Mr. Jensen stated that was correct. Commissioner Beckenbach stated he disagrees with him and so do the four attorneys. Commissioner Daugherty stated he agrees with Mr. Jensen, that is what it says and you can't argue with the language that is there and what it says. Mayor Borno stated let's not get into discussion, we are here for reports. Commissioner Beckenbach stated he would make a motion to continue the discussion. Motion: Continue Discussion with the Commission pertaining to above subject. Moved by Beckenbach, Seconded by Woods Roll Call Votes: Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED Commissioner Daugherty stated you can't argue with the Charter and he believes it is a check and balance in that the Mayor has the power to appoint committee members as the Commission desires. He stated there is nothing in the Charter that says the Commission has the power to appoint members of committees. He stated it says they have the power to ask for a committee to be formed but there is nothing that says the Commission has the ability to appoint members. Commissioner Mark disagreed, stating it is not clear as to committee members; it addresses committees, but not the member portion. She stated she believes that is what is confusing and has led to this discussion. She stated the assumption of changing from "may" which is in the Charter to "shall ", which was the opinion by City Attorney Jensen and gave the powers to the Mayor is also what is in question. She asked what the precedent is that changes the "may" to "shall" with the assumption that the Mayor is the only one who has the power to appoint the committee members. She stated she is not sure where they make the jump from the "may appoint committee members" to the Mayor having the power to appoint committees but then having the power to also appoint the committee members. She stated she is not clear with that part of the opinion. City Attorney Jensen stated the opinion clearly says that the Mayor may appoint committees as he desires or as may be desired by the Commission but then went on in his opinion to state that that means he shall appoint committee members. He asked when the Mayor appoints a committee, what is he doing. Commissioner Mark stated he is appointing a named committee to do something, but that doesn't take it to the next level which says that that includes the members of that committee, it just means that body has been formed to perform a specific function, but it doesn't take it to that next level to say that includes the committee members. Mr. Jensen stated you don't appoint a committee, you name a committee, you establish a committee, then you appoint members of that committee. He stated when it says "appoint committees ", in his opinion, it means the Mayor appoints the committee members. Nor does it say anywhere in our Code or Charter about the Commission appointing committees or appointing members. Commissioner Beckenbach stated in Section 63 it does say that "except as provided in this Charter an agent, a member of any board, committee, task force . . . who has been appointed by the City January 9, 2012 REGULAR COMMISSION MEETING Pate 14 Commission ". He asked if they can remove people who are appointed by the City Commission and they can't appoint members then who are they removing. Mr. Jensen replied there are certain committees, created by resolution, where the Commission appoints, such as the Board Member Review Committee, but this isn't talking about those it is just an outstanding committee or one not created by resolution or ordinance, a committee that the Mayor or Commission wants. Commissioner Beckenbach stated he doesn't have any problem if the Mayor may appoint, if after the appointment of members the Commission gets to vote on the members. Mr. Jensen stated that is not what the Charter says. Discussion ensued. Commissioner Woods stated the language in Section 8 says the Mayor - Commissioner shall have no regular administrative duties except as authorized in this Charter but may appoint from time to time such special or select committees as in his discretion he deems desirable or as may be desired by the City Commission. She stated in the Charter it says when there are questions about business that Robert's Rules of Order takes precedence. She stated this talks about desired committees being appointed and it says appointment of committees in Robert's Rules, the methods of appointment, in an assembly or organization it has not prescribed in its bylaws or rules how the members of its committees shall be selected. She stated obviously this Charter has not or we wouldn't be having this discussion otherwise. She stated the method can be decided by unanimous consent or majority vote, which is what they say has been the precedent the City has always gone by. She stated the next point it makes is specifically to this language. She stated it says whenever it is stated in the bylaws, charter, etc. that the Mayor shall appoint all committees; it does not mean that the president can himself decide to appoint, assign a task group and thereby give it the status of a committee or society. She stated it is very specific to that language; it does not mean that the Mayor, himself, can decide, it has to go to a vote. She stated she believes that is what Commissioner Beckenbach has been saying and when Alan Jensen added the word, that then the committee members shall also be appointed by the Mayor, that came out of nowhere. She stated it is not written anywhere, it is not in Robert's Rules, it is not in our Charter, there is no word shall. She stated it is his interpretation but it is not the language of the Charter and the Charter says when there are questions that arise refer to Robert's Rules and Robert's Rules is very specific about this issue. Mayor Borno stated he has been involved with several Mayors. He stated the last one he remembers was Mayor Wolfson who appointed the District Committee. He stated he would have to refer back to the minutes, but he does not recall that that went to a vote. He stated also he does not remember whether the Stormwater Review Committee was appointed outright or whether it was confirmed by the Commission. He stated this is something that would take going back to look at precedence. He stated if they can have five Commissioners on their own appointing committees; they would have committees going bonkers. Commissioner Woods stated she believes that would be where a Commissioner would bring it to the Commission and the Commission decides to appoint the committee, which is part of the Charter in Section 8. Discussion ensued. Commissioner Beckenbach stated he would like to make a motion to have the Commission agree to the appointment through a vote. He stated it would be a majority vote for those people who are appointed by the Mayor or those appointed by the Commission. He stated whoever the Mayor brings in, they would vote and either confirm or deny the group and they also, as a Commission, are allowed the same latitude. He stated if he brings a committee up and the Commission doesn't like it they can amend the committee person he chooses. Mayor Borno stated if they keep it on an individual basis it seems logical. Mr. Jensen stated he believes what they are talking about is addressed in Chapter 2 of the Ordinances and they have the ability to amend the Ordinance and, if they chose to do that to further clarify the process, as long as it doesn't violate what is in the Charter, he believes they can do that. He stated his recollection of the Charter without reading through it, doesn't say anything about Robert's Rules of Order. He stated the January 9, 2012 REGULAR COMMISSION MEETING Page 15 Ordinance in Chapter 2 says if it is not specifically addressed then Robert's Rules of Order will prevail as long as it is not in conflict with the Charter. Discussion ensued. City Manager Hanson suggested, in order to move this discussion ahead, that the City Clerk research how various committees have been appointed in past years. He further stated tomorrow night there is a workshop on the Police Building and although the Commission cannot take action at a workshop, they can discuss what they would prefer that could be set for action at the following regular Commission meeting. He stated the main concern behind this dealt with the creation of a committee to deal with the police building, then perhaps it can be further discussed and a consensus reached at the meeting tomorrow night. He stated this will give them all some time to get a bit of research done first and then talk about the police building more specifically and see if that would then allow everybody to come to a conclusion together. Further discussion ensued. Commissioner Daugherty stated the Commission is a committee and believes in this situation there is not a need for a committee on the police station. He stated citizens do have the ability to gather information on their own and present it to the commission. He stated they can present it via email, mail, in person, or they can speak at meetings. He stated anyone can form their own committee outside of government and gather information and bring it for the Commission's review. He stated in this situation he does not see the need for it. He stated the Commission is an elected committee and they have the responsibility to make a decision on this and pawning off this decision to somebody else, he believes, is a dereliction of their duties. Mayor Borno stated they are getting off task. He stated they need to finish this meeting up tonight and they have a workshop tomorrow night. He would like to request the City Clerk research how prior Commissions and Mayors appointed committees under the current Charter. Discussion regarding the motion Commissioner Beckenbach wanted continued. Mr. Jensen suggested submitting the motion in writing. He stated they need to go into Chapter 2 and talk about amending the Ordinance, the rules of procedure, and possibly clarify there rather than trying to do something that may be viewed as some type of amendment to what the Charter says. Mayor Borno asked that Commissioner Beckenbach work on this. City Clerk Bartle asked if there is a consensus that she is to do research. Mayor Borno stated, yes, there is a consensus that she go back and get the history of the past usage. Mr. Hanson stated this same issue has been brought up by previous mayors since he has been here. He stated Mayor Wolfson made a major issue out of this shortly after he was elected. He stated he suspects it has been brought up before and therefore the precedent that has been established through various commissions and mayors may shed some light on this. He stated he does not expect Ms. Bartle to spend a tremendous amount of time on this but he does believe it is appropriate to look up these committees and others that have been created as well as references to the discussions. He particularly remembers Mayor Wolfson and there were ongoing discussions about the Mayor's authority over the first few months of his term. He stated he was very adamant about that and it was discussed extensively. Ms. Bartle stated she believes that was during the time they were establishing the Board Member Review Committee, or had just established it and were amending it. Ms. Bartle stated she has no problem doing the research, it is just that when something takes a lot of her time she believes she needs consensus because that is what she has been told in the past. It was the consensus of the Commission that she do the research. Commissioner Woods thanked the Mayor for letting them have this discussion, stating she believes it was very helpful. Mayor Borno stated it is important to everyone of them, that is what they are here for. January 9, 2012 REGULAR COMMISSION MEETING Pate 16 Mayor Borno • Will be in Tallahassee at the Florida League of Mayors on Thursday and will attend the FLC Legislative Action Days on January 24 and 25 with Commissioner Woods and Mark. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 8:58 p.m. Mike Borno Mayor/Presiding Officer ATT ST: v - \ „ galt4tit 40,Miee, Donna L. Bartle, CMC City Clerk