Agenda Item 1AMINUTES
*REGULAR CITY COMMISSION MEETING
December 9, 2013
IN ATTENDANCE:
Mayor Carolyn Woods
Mayor Pro Tern Maria Mark
Commissioner Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Jimmy Hill
Call to Order/Pledge:
CITY HALL, 800 SEMINOLE ROAD
City Attorney Alan C. Jensen
City Manager Jim Hanson
City Clerk Donna Bartle
Recording Secretary Nancy E. Bailey
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Mayor Woods called the meeting to order at 6:32p.m. She asked that everyone take a moment of silence for
Nelson Mandela and all of the peace he has brought to the world. Commissioner Beckenbach gave the
Invocation, followed by the Pledge of Allegiance to the Flag.
She welcomed the audience and explained the process for public comments. She polled the audience as to
whether they wanted to have five or three minutes to speak. They voted for three minutes.
1. A.
B.
C.
D.
Approve the minutes of the Regular Commission Meeting ofNovember 12,2013.
Approve the minutes ofthe Commission Workshop of October 21,2013.
Approve the minutes ofthe Special Called Meeting of October 28, 2013.
Approve the minutes ofthe Commission Workshop of October 28, 2013.
Mayor Woods asked if there were any corrections to the above minutes. There were none so she stated the
minutes will stand as submitted.
2. Courtesy of Floor to Visitors
Mayor Woods opened the Courtesy of the Floor to Visitors.
Sheri Lawhon, 190 Seminole Rd., addressed the crosswalk at Seminole and David stating she has been
trying to get one there for five years and two months. She referred to minutes fi·om October 10, 2011
regarding cost to install crosswalks stating Commissioner Daugherty had requested and received a crosswalk,
which she believes is preferential treatment.
Teresa Flores, 233 Belvedere St., stated she also wants a crosswalk at Seminole and David. She stated they
have been told one reason they won't put in a crosswalk is that they don't have sidewalks that connect the
crosswalk at David but there isn't one at 11th, 18th or 20th and they all have crosswalks.
Eric Kritsky, 196 Seminole Road, over the last 15 years there has been a significant traffic volume increase
on Seminole Road and they desperately need some form of traffic mitigation at the intersection of Seminole
and David to allow pedestrians to cross safely.
Debra Lacovara, 150 Belvedere St., stated she is also in favor of a crosswalk at Seminole and David and
would like it to be a safe place to cross to go to the beach.
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Michelle Drummond, 144 Seminole Road, stated she is in support of the crosswalk; there has always been a
problem crossing that road.
Ken Drummond, 144 Seminole Road, supports the crosswalk, stating he believes people go too fast in that
little stretch of road so he believes it would slow things down a little bit.
Paul Gunsaulies, 780 Begonia Street, stated he wants to see fairness in the way it is regulated for the 15 ft.
rule for boats and campers so everybody is treated the same and has the same opportunity to park those. He
stated not every street in the City is the same with the same property lines; some are at the street and some are
15 ft. off the street and some houses have no side yards. He stated the only change he would like to see
would be to change the wording from 15 ft. off the property line to 15 ft. off the street.
Mayor Woods recognized former Mayor Mike Bomo, former Commissioner Paul Parsons, former Mayor
Don Wolfson, and former Mayor Lyman Fletcher who were in the audience. She stated she would like to
now let everyone speak about the Resolutions and address those Resolutions and then open the floor back up
to other issues.
Mike Borno, 223 Ocean Forest Drive N., addressed Items 6A, B, C, and D stating he is disturbed and
believes due consideration has not been put forward in the way these were prepared. He stated he believes
this process needs to be reviewed and vetted by all of the Commissioners and not just put forward with the
viewpoint of one person. He stated he believes that is a process they should consider as they take their
actions this evening.
Harold Lippes, 700 Ponte Vedra Lakes Blvd., Ponte Vedra Beach, referring to a hostile, ugly time in 2010
that they would all like to forget which was fueled by the controversy over the sewer main going through the
property of the Estates of Atlantic Beach, he stated there comes a time when enough is enough, where when
something is over it is over and you accept the results and move forward and treat each other with respect and
leave the bad feelings and hostility of the past behind you and he doesn't believe that has been done. He
stated all he is asking is for each of them to ask themselves if any of the events of the past have fueled the
resolutions to terminate Mr. Hanson and Mr. Jensen. He stated he has no personal dog in this fight. He has
no personal relationship with Mr. Jensen except that he knows him as a fellow lawyer and certainly doesn't
have any personal relationship with Mr. Hanson. He stated he has had dealings with them in their capacity as
professionals for this City and they are both outstanding gentlemen. He stated they are truly professionals
and it is difficult for him to understand why they would want to terminate them over things in the past that
were resolved in a court of law in a manner which affirmed that the opinions they expressed back at the time
were the correct ones.
Diana Townsend, 266 Poinsettia St., stated she supports the resolution to terminate Mr. Hanson and Mr.
Jensen.
Paul Eakin, 1745 Beach Avenue, stated he was here to speak on behalf of the City retaining the services of
Alan Jensen.
Paul Parsons, 1970 Mipaula Court, stated great leaders preach peace. He stated by this vote he believes
what they are doing is separating the City even more and the City is not as peaceful as it once was. He stated
he doesn't understand firing two good men who have done their jobs the whole time they have been here. He
stated with the good things Mr. Hanson has done through the years, there is no comparison to anybody else in
any other city. He stated Mr. Jensen has always kept us out of trouble and has done an excellent job. He
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stated they have both done their jobs very well and to let them go is going to be a big mistake in this City. He
stated they need to look at the City as a whole and how peaceful it is and how well it is run and then make
their vote.
Ray Brandstaetter, 254 Oceanwalk Drive S., agrees with former Mayor Mike Bomo that we need to look at
our process. He stated in researching City Manager performance evaluations in Florida they are very
transparent for a lot of municipalities; the forms, evaluations and employment contracts, etc are there. He
stated he, therefore, believes we need to have more open govemment. He stated he doesn't believe this issue
is really about job perf01mance, this is really about how our top City officials have conducted themselves
over the last few years. He stated the key thing for our City staff to do is to maintain neutrality. They are the
Commission's employees and need to be doing everything they can to look at and present all the facts with
equal enthusiasm and flexibility on all sides of the issue. He stated he believes this is where things started to
go off the rails. He stated when you have been in a job a long time you tend to push things you believe in and
it is tough when you are in a job like these City officials are where they have to remain neutral. He stated he
believes they have become a little partisan in some issues and when you become partisan you become
politicized, and when you become politicized you have to live in a nastier world. He stated basically in that
world you live by the sword, you die by the sword. He stated he believes we need to move past this and he is
in support of the resolutions mainly because he believes both gentlemen, although they have done a fine job
and he has no personal ax to grind with either of them, have gone off their neutrality.
Lindley Tolbert, 465 Beach Avenue, stated over the last few weeks she has read emails from different
Commissioners about the mandate that has been sought by the voters of Atlantic Beach with the recent
election. She stated this mandate is to oust Alan Jensen and Jim Hanson. She stated some of the elected
candidates say they have this mandate because they won their respective elections. She reminded the
Commission and everyone in the audience that the fact is, in the August election, voter tumout was only at
32%. She stated the Mayoral race was won with only 18% of registered voters and one of the Commission
races was won with 15.7% ofthe vote while his opponent lost at 15.2%, or 51 votes. She stated this is hardly
a mandate. She stated she has also read and heard that their supporters really want this, 3 -1 in fact. She
asked them, where are those supporters. She stated the overwhelming majority here tonight and those who
have emailed them do not want these resolutions. She stated she read an email from the Mayor today that
stated she personally walked all but 5 blocks and had about 30 meet and greets all over the City and
eve1ywhere she went people made this a campaign issue, even though she did not. She stated the Mayor said,
for so many people to feel so passionately about this topic that they searched her out to voice their concems
and desires, trumps any assumptions that may be made concerning the opinions of those who didn't vote.
She stated, again, I ask the Commission where are those people, are they invisible, do they communicate via
ESP. She asked what about those who didn't vote at all in the election. She stated today our Mayor wrote
that one would have to assume that they are fine with whatever happens. She stated she believes all of us
know what happens when one assumes. She stated in most circles, it is recognized that when one does
nothing it is normally an indication of support for the status quo and not an endorsement of some sort of
radical change or action. She stated, as a Commission, they have before them tonight considerations to fire
two of our key City employees without cause and with a lot of vaguerities about why they can't give cause,
but without any real interim plan in place, without employee reviews and without regard to the majority of
the citizen input. She stated two of the reasons an electorate recalls its officials is from acts of malfeasance
and negligence of duty. She stated if they decide tonight as a Commission to terminate these employees
without cause, they will be committing both acts.
John Morello, 2295 Oceanside Court, stated no one likes to see anyone lose his job but the jobs in question
tonight are not private sector jobs but jobs paid for by the taxpayers. He stated part of the requirement of
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these two jobs is to carry out the requests of the City Commissioners and when trust in the people cmrying
out these jobs has been eroded to this extent this mission can no longer be effectively accomplished. He
stated the easy thing for our Commissioners to do would be to go along and not upset the entrenched
established network that controls Atlantic Beach. He asked, did we vote for status quo? He stated we all
knew the current Mayor's position prior to the election and as expected she has taken responsibility in
standing up for the taxpayers in order to enact the fiscally responsible changes for which we hired her. She is
just doing her job. He stated based on that fact, personnel changes are to be expected, not feared and if we do
not support these changes then we have no one to blame but ourselves for not getting the outcome we
expected from our elected officials. He stated although these employees are being voted on to be terminated
without cause, there is always a cause and often numerous causes. He stated the reason an employer chooses
the without cause option is to avoid costly litigation, so by definition the Commissioners are not at liberty to
verbally express a cause without opening themselves and the City to a lawsuit. He stated there is no doubt
there are compelling reasons for their decision and if we disagree with their decision then it is our job, as
citizens, to vote them out of office. He stated at the last meeting we heard how costly it will be to pay for the
severance of these employees and to hire new staff and asked, does that mean we are to keep employees with
whom City Commissioners cannot effectively work in order to save money. He stated there is no logic to that
reasoning. He stated the short-term cost to the City will be more than worth the long-term gains. He stated to
spare us all the divisiveness that this resolution has caused he believes the employees should honorably
submit their resignations for their own benefit as well as for the good of the City. He stated he supports the
Mayor in this effort. He stated real change never comes without the courage to stand up and fight hard for
one's beliefs. He stated it is not about something personal; it is about doing the right thing. He stated he
wanted to personally thank Mr. Hanson and Mr. Jensen for their years of service and sincerely wished them
both the best in the future, whatever the outcome tonight.
Dee Reiter, 1798 Selva Marina Drive, stated she was sorry the workshop was not rescheduled for a time
Commissioner Daugherty could be here. She stated she is very much opposed to resolutions to fire Alan
Jensen and Jim Hanson. She stated both of these men have done a fabulous job and are very experienced.
She stated she has heard that some people don't like how formal Jim Hanson is on the job; that is his job. She
stated off the job he has a great demeanor; he is friendly, sociable. She stated on the job he is not hired to be
anybody's buddy or friend; he is hired to run this City as the Commission directs. She stated he has to be
accountable not only to the Commission but to the citizens. She stated he is engaged in our community
through his job as well as socially. She stated this is a new Commission and they need to see how Mr.
Hanson and Mr. Jensen work with all of them regardless of previous relationships, because they can't form
their own opinion honestly and independently until they have worked with them. She stated her hope is that
these resolutions die, they work together as a community, get us off the front page, move forward instead of
miring in the muck of what has been and be positive and get some things done. She stated please vote against
it.
Judy Beaubouef, 1209 Beach Avenue, urged the Mayor to withdraw the resolutions calling for the firing of
the City Manager and the City Attorney and should she fail to do so, urged the Commissioners to vote against
it. She stated one of the most important duties of our elected officials is to be good stewards of our City's
resources. She stated the wholesale firing of our City Manager and City Attorney is wasteful of exceptional
talent and decades of experience that our City needs daily and will most certainly need in the near te1m as we
deal with one of the largest developments in our City in recent history, as well as serious disputes with the
City of Jacksonville over the services that they are obligated to provide to our citizens. She stated we have in
place capable, experienced professionals who can handle these issues and it would be wasteful to broom them
out and try to get substitutes. She stated these firings are also wasteful of hundreds of thousands of dollars.
She stated the City will have to pay severance and hire search firms and asked, do we really have $200,000
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sitting around for this unneeded expense. She asked, if so, couldn't the Commission as stewards of our City's
assets find a better more positive use for that $200,000. She stated these firings also represent a wasted
opportunity. She stated neither the Mayor nor Commissioner Hill ran on a platform of advocating the
immediate firing of our two most critical staff positions. She stated they ran on a promise of civility. She
stated they have an opportunity to bring the community together and she urges them to withdraw the
resolutions so they do not waste that opportunity. She stated most of us have already lived through a period
of time of deep polarization. She stated it is very harmful to the community and believes they are inviting a
retum with senseless firings. She encouraged the Commission to be good stewards of our resources here in
Atlantic Beach, not waste talent, money, time and opportunity.
Bill Mayhew, 1870 N. Sherry Drive, stated the total compensation, salary and benefits, of City employees is
one of, if not the most, important responsibility of the City Manager. He stated these costs have now reached
about $9 million a year or almost 1/3 of total City expenses and benefits expenses are now over 50% of
salaries. He stated a salary survey was recently done without considering the value of benefits. He stated the
existing defined benefit pension plans provide a maximum benefit of 100% of final average salary plus Social
Security on top of that, making the plans unreasonably generous and expensive. He stated the long range
forecasting done continues to use an optimistic yield assumption of 8%; yields over the last decade have been
less than 5% and the pension plans are now around $9 million in the hole. He stated these situations are not
new and have deteriorated over the last decade due in large part to the City Manager's lack of leadership and
should be cause enough to fmd a new city manager. He stated the elected officials have the right to employ
whomever they desire and if a majority desires a change in leadership then they should make a change. He
stated they have worked with the current City Manager and City Attomey for some years now and should
know their strengths and weaknesses. He stated if the majority of the Commission has lost confidence in their
ability to work effectively with these individuals and feel it would be in the best interest of our City, he urged
them to make a change. He stated they should not be intimidated by the people who are going to come to the
podium. He stated to debate the specifics of why the change is needed would appear to serve little purpose
other than to create acrimony between the supporters and detractors of these men, and it could be detrimental
to them and to the City to publicly air their shortcomings. He stated the citizens have to place their trust in the
elected officials to follow their consciences and to do what is best for the City. He stated for years we have
listened to the caution about being civil and respecting the rights of others and hopes that we can do that
tonight so this City can move forward.
Mitch Reeves, 1663 Sea Oats Drive, encouraged the Mayor to withdraw her resolutions and, if she does not,
he asked the Commissioners not to second it for discussion. He stated if she does not withdraw and it does
get seconded, he encouraged each of the Commission to make sure they do not leave this room tonight
without making a for or against vote. He stated we need to heal in this City. He stated whichever way it
goes, the citizens and the employees of Atlantic Beach need guidance. He stated, with that said, all this
discussion started in 2010 over a pipeline. He stated there was a group called Friends of Sherry Drive, a non-
profit organization that was organized by citizens of Atlantic Beach. He stated one Commissioner who sits
on this Commission was listed in Tallahassee as the Secretary and his address was noted as the official
address of this non-profit. He stated since then this Commissioner has resigned from that organization but
asks that that Commissioner tonight openly give the comment that they were the Treasurer and he challenges
each of the Commissioners that if any of them or their spouses contributed to that non-profit group that they
declare that tonight because that was a lawsuit against our City and who defends our City -our City Manager
and our City Attomey. ·He stated he believes the citizens need to know if anybody on this council donated to
that lawsuit, personally or their spouse. He stated he believes that should be declared. He asked, do I think
that is a conflict of interest, absolutely not; but does he think it is something that needs to be said, because he
wouldn't want them sitting on his jury if they had. He stated, lastly we need to heal.
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Helen Bradley, 94 Oceanside Drive, stated when she filled out the blue slip she thought she was just simply
supporting the resolutions. She stated, I do, that's it.
Alan Halperin, 372 Forest Street, stated he commends the City Manager and City Attorney for their long
standing service but to say that was not an election issue is not conect. He stated people who believe that this
was not discussed are just living on a different planet. He stated this was a huge issue in the election and the
City responded positively by electing our current mayor and city councilmen. He stated this was not only an
election issue in the last mayoral race but in the previous mayoral race and in almost every City council
election. He stated this is not coming out of the blue, this issue has been long standing. He stated elections
have consequences and the new commissioners and mayor deserve a team that they can work with and with
which there is mutual respect. He stated he has no personal relationship on any City business with either of
these fine gentlemen but he has observed at a couple of meetings some really rude behavior that he viewed as
bordering on bullying and it was very distressing to see this. He stated this relationship has obviously
continued and this disfunction cannot be allowed to continue. He stated the current commissioners deserve a
team they can work with and with which there is mutual respect. He stated he is in favor of resolutions and
movmgon.
Robert Persons, 31110th Street, stated if they vote in favor of these resolutions they will be making a grave
mistake. He stated these gentlemen have served this City well, as everybody comes up and says. He stated
the Commission says they have done a fme job but let's get rid of them; that's how we pay them off. He
stated he doesn't believe the City has an extra couple hundred thousand dollars just laying around that we
want to spend to pay out their contracts. He stated we don't want to spend a lot more money than Mr. Jensen
is charging to get a new law firm. He stated he has done a great job; he's seen it from the position of a citizen
and from the position of an attorney. He stated we all know what this is about. He stated all that, the citizens
want it but we can't tell you why, is malarkey. He stated these gentlemen are public servants, which means
they don't have the protections against slander that regular citizens do. He stated they are targets and you can
say what you want about them unless it is just pure out and out intended to injure them. He stated if it's an
honest statement, you can say it with impunity. He stated nobody will say it; it's just, well we don't want to
tell you, and we get a little smile. He stated we want to know. He stated you promised, Madam Mayor, that
you were going to have open government. He stated hearing us all say don't get rid of them and then you
saying well we are going to do it and we aren't going tell you why; that is anything but open. He stated you
are violating the trust. He stated you are going to spend an awful lot of money we don't have to just throw
down the drain. He stated he believes they need to do the right thing and vote no on these. He stated the
Mayor really should withdraw the resolutions; she has made her point, she doesn't like Alan and she doesn't
like the City Manager. He stated she even went to the State Attorney and they said show us something they
have done wrong and she couldn't do it and she won't do anything now to tell us what is wrong except, we
know, you don't like them. He stated if that's it, just say it; be honest about it. He stated a little over 30
years ago he sat there as the mayor and learned something real quick; this isn't a country club, this is a
government and you guys have a responsibility to all the citizens because everything you do impacts each and
every one of us out here. He stated they need to take a long, hard look before they do it. He stated
Commissioner Hill is brand new in the box and he needs to take a hard look and put this off, let it go.
Sandra Martin, 44 Dewees A venue, stated she supports resolutions to terminate.
Jim Smith, 73 Oceanside Drive, stated, as a citizen of Atlantic Beach, he is adamantly opposed to the
resolutions for the firing of the City Manager and City Attorney without cause. He stated he believes our
City is in great shape and believes a lot of people feel our City is in great shape. He stated there has been no
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legitimate reason to terminate these two very key employees and the repeated explanation of how the
community wants it simply has not been demonstrated. He stated the greater number of emails and public
turnout in favor of not terminating is a better representation of the community's desires. He stated the fact
that this potential act has even been questioned by the news media should be a clue as to the error in judgment
and leadership in even considering this. He stated it has been painfully evident for some time that Mayor
Woods is absolutely unwilling to work with these two employees. He stated Mayor Woods who is only here
for a short term to work with these very long-term employees who retain critical knowledge of the City and
its many ongoing projects is the lone culprit and common denominator in a conflict with them of this
magnitude. He stated, in comparison, all former Commissioners going years back have successfully worked
with these two gentlemen, despite their differences, which is a testament to their fairness and willingness to
work together for the benefit of the City and the citizens. He stated the fact that a brand new commissioner,
Commissioner Hill, is strongly considering their terminations without ever working together is very
questionable. He stated he is not saying it means he is in collusion, but it certainly gives the appearance that
there has been some collusion. He stated it certainly looks bad. He stated, furthermore, the people are not
stupid; they are aware that a small political faction is driving this agenda, not the community. He stated
moving forward with these terminations against the people's will would certainly increase the divisiveness in
our City, which is already terribly bad. He stated if these terminations should come to past, he believes a
large rally of community support will occur to have removed fi·om office all members who voted in favor of
this.
David Jeffery, 1843 Seminole Road, stated he believes enough people have demonstrated the desire to see
these gentlemen off honorably and find new people. He stated he doesn't believe personalities are where we
need to be at all tonight or ever. He stated he was just reading something about the founding fathers who
were very contentious people, with some being winners and some losers but the nation, nevertheless, was
built based on their work. He stated that is precisely where we are now. He stated, based on the
Commissioners' work, they have an opportunity and a mandate to make good decisions as they see fit. He
stated he wants this City to remember that there are always some people who win and some who lose and if
we choose to be contentious, go off half cocked with people, or make accusations then what we have done is
fail in our mandate to be civil and to love this City enough to really want the good for it. He stated whatever
happens we are all together in this City.
Tracie Parsons, 1970 Mipaula Court, stated there is no reason she can see, in her communication with
friends and neighbors, that these two gentlemen should be terminated. She stated should they be terminated
she believes they will see another outcry of division in the City of Atlantic Beach. She stated the most recent
election was run on keeping the City at peace and growing the community we live in and the election two
years prior to that were done under the same pretense that we want to keep a good quality of life and a good
place for all of us to be citizens together. She stated passing these resolutions now will not follow in that line
of reason; it will be a bad situation for all of us.
Marla Buchanan, 1771 Sea Oats Drive, stated she was here in opposition to the resolutions. She stated they
cause her great concern. She stated our City is in wonderful shape; we haven't been sued because of bad
decisions; our City has been well run and believes there is no disagreement in that regard. She stated she has
heard three reasons why this is happening; one is we are firing them without cause, but there is some cause
there. She stated she doesn't believe there is any cause; it is obvious to anyone in this community. She stated
we have had a former Commissioner come up who has worked with both gentlemen and who has spoken on
their behalf. She stated former Mayor Borno, who has worked with these gentlemen, opposes these
resolutions. She stated these are people who have worked intimately with both of these gentlemen. She
stated there has been no glaring reason that she can see as to why these gentlemen should be terminated. She
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stated, secondly, we have major issues coming up before our City; the Interlocal Agreement with Jacksonville
and one of the largest developments is about to happen in our City. She stated to terminate two of the people
who are key to how our City functions is reckless and is taking a major risk because they don't know what
they are going to get. She stated one of the other reasons she has heard is this fiscal reason that we pay Mr.
Jensen too much, we pay Mr. Hanson too much. She stated that doesn't make sense to her either. She stated
if the issue is fiscal why are they proposing that the interim City Manager is going to be paid 10% more than
Mr. Hanson. She asked why are we proposing that the interim law firm who is charging Orange Park, a
smaller city than Atlantic Beach, a monthly retainer of $8,000/month, when we pay Mr. Jensen
$2,500/month. She asked why are we proposing that the very people we are going to replace our people with,
who we know nothing about, are going to cost us that much more without any knowledge of what kind of job
they are going to do for us. She stated that is what concerns her. She stated she is a citizen and we could
wreak havoc by failing miserably in our Interlocal Agreement and in the way this development goes if we
don't have the right people in place. She stated this resolution to immediately terminate people who have
given decades of service to our community is irresponsible and reckless. She stated regardless of whether
they agree these gentlemen should be terminate, she believes they need to give serious thought in how it is
going about.
Don Barker, 2266 Oceanwalk Drive W., stated they bought a lot in 1987, built a home on Oceanwalk Drive
West, and when they bought the lot they were told that the area behind their house could never be developed.
He stated several years ago a developer said he was going to develop it, and he got the Commission, Mayor
Borno, and Jim Hanson all to agree that was a good thing. He stated they have an Oceanwalk association and
Mike Borno was on it but they were never infmmed anything about it, they only heard rumors that they were
going to develop behind their property. He stated it would decrease the value of their property tremendously.
He stated the developer sent an email to everyone in Oceanwalk that he was not going to develop that area.
The people up there said you can't trust him, he will develop it. He stated three years ago we had an election
and this developer donated heavily to the former Mayor and two of the Commissioners, so they were still
going to develop the area. He stated, yesterday, there were people behind his house and he asked his
neighbor what was going on. He told him they were surveyors and they want to develop before Atlantic
Beach Country Club is developed. He stated we need a change and we need a change big time.
Lyman Fletcher, 804 East Coast Drive, spoke in favor of the resolution stating having worked with the City
as long as he has there are painfully evident things that need to be corrected. He stated there is a lack of
openness, a lack of integrity and when you have people in office for such a long period of time you lose
perspective and people get grounded in their own perceptions and we need to have a fresh, deep look at the
integrity of our City.
Kirk Hanson, 2393 Ocean Breeze Court, stated he has spoken before saying he is not in favor of the
resolutions but believes he cannot be as eloquent as others who have spoken, especially Mr. Lippes whose
comments he really appreciated. He believes people should think about where does that come from and
where did all of this come from. He stated he believes there are some things that we really need to
understand and some things that may not have been thought through as well as they could be. He stated we
are going to vote to frre the City Attorney and then consider a resolution to hire as an interim City Attorney a
law firm in Orange Park. He stated they haven't talked amongst themselves, as a Commission, about that law
firm as to what degree they are qualified. He asked, do we want a law firm from Orange Park as an interim
City Attorney, isn't there somebody at the beaches who could fulfill that role? He stated it is a fact that they
are charging the City of Orange Park $8,000/month. He stated the City of Orange Park is 8,000 people. He
stated we don't have a proposal from them yet and we are going to try to negotiate a contract with them when
we don't have a City Attorney at all and there are no other candidates for the City Attorney. He stated that
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doesn't make a whole lot of sense. He stated we are going to walk out of here tonight with no City Attorney
if they vote this resolution to fire the City Attorney and there is not a real good plan to get a City Attorney.
He stated he doesn't know what the credentials that these people have are and doesn't know if any of the
Commissioners know what their credentials are or if there are people at the beaches that have better
credentials than they do that would do it for less money. He stated we are going to pay them $8,000/month as
an interim City Attorney when our City Attorney today is getting $2,500/month. He stated he saw an email
today where someone considers that to be a savings because we have budget $107,000/year for attorney's
fees and they are saying that that $96,000 we would then pay an interim City Attorney would be a savings of
$11,000. He stated that is baseline budgeting at its worst. He stated he believes that one thing everybody
hates about Congress is that they say we are going to raise our spending 4% every year so if we only raise it
2% we just cut spending. He stated that is what they are talking about here; that is absolutely nuts. He stated
they need to take a good hard look at that and say do we want to walk out of here tonight without a City
Attorney and negotiate from a position of weakness to try to find another one.
Don Ford, 338 6th Street, stated he has been described during the election and at certain other times as a
disgruntled employee by several people on the staff and several other people. He stated he is not a
disgruntled employee, he served here for over 20 years, retired and Mr. Hanson hired him back to work for 3
~ months to work as a part-time employee. He stated if he was disgruntled, why would he do that. He stated
he wants to clear that up, he is not disgruntled, he loved his employment with the City, enjoyed working here,
got a better offer and was able to retire and go across the street and he jumped on it; it is just that simple. He
stated he supports the resolutions. He stated Mr. Jensen has been here a long time and he believes he has
done a great job but he believes the job demands more than a single man law finn and believes another law
finn could serve us a lot better. He stated regarding the City Manager's position, he read some quotes, i.e., he
doesn't work well with employees; he is a my way or the highway type of guy; he is an autocrat type of
management; Hanson complains about citizens contacting him, says Hanson doesn't want to deal with the
citizen contact issues; says our public meetings are different than our private meetings in talking about
himself and Hanson; Selva Marina trees were not handled well and that entire project was not handled
properly. He stated those are quotes and are public record and if you want to go to the City of Port Orange
you can see those quotes and you can see who said them.
Don Wolfson, 1725 Beach Avenue, stated he was here tonight to discuss Resolution 13-17 only. He stated
the termination without cause is lawful, if done correctly and it is provided as an action specifically in our
City Charter for the removal of the City Manager, City Attorney or the City Clerk. He stated the employee
does not necessarily need to have done something terribly wrong, but rather the employee's services are no
longer needed due to the unsatisfactory performance of his work. He stated, having sat in Seat 1, it is
important to have utmost confidence in the City Manager. He stated for the record the Commission can
terminate without cause by providing pay in lieu of notice; however, he is sure each and every one of them
understands the sensitivity of not providing publicly their concerns, which is the reason they have chosen to
terminate without cause rather than terminate with cause. He stated if they chose the latter it would lead us
into unnecessary litigation and additional costs for the City. He stated he cautioned each of them not to list
their concerns or objectives because that is an invitation for litigation and is something they have to be very
careful of tonight. He stated the reasons he has a concern with the employment of Mr. Hanson. He stated in
2012 Mr. Hanson applied for the Port Orange City Manager job. He stated if he sat in their seat as a
Commissioner, that would undermine his confidence in Mr. Hanson and he would have moved at that time
for termination without cause. He stated he doesn't know how they can sit there and have confidence in
someone who will leave if there is another offer that is more suitable. He also stated when he ran for office in
2004, he was told about the poor morale of the City. He stated he has spoken to a number of City employees
December 9, 2013 REGULAR COMMISSION MEETING
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Page 10
recently and the morale of the City employees is deplorable and the finger points back to Mr. Hanson. He
stated also he has been pushing the public safety building since 4 years before he took office.
Susan Dunham, 503 Beachcomber Drive, Neptune Beach, stated she was a previous resident of Atlantic
Beach and is a previous employee of Atlantic Beach and a direct report to Jim Hanson. She stated he was one
of the best employers she ever had, he had very high expectations of his employees, expected them to
perform because that was expected of him by the City Commission. She stated it was not easy but it was
their job and was what they were expected to do. She stated that caused bad feelings sometimes but the
reality was he had high expectations and they had to fulfill them. She stated she found Mr. Hanson to always
have the best interest of the City at heart; he has a tremendous wealth of knowledge of the City and how it
functions and if he were fired it would be a terrible loss for the City and its citizens. She stated they are a
new City Council and asked who are they going to go to for answers now if he is gone. She stated it is the
same with Alan Jensen, a tremendous wealth of knowledge. She stated it has been stated that the frring of the
City Manager and the City Manager is what the citizens want; however, there has been overwhelming support
for them at the last Commission meeting and she is seeing the same thing here. She stated she believes it is
time to move on, there is a lot of squabbling going on and it is kind of embarrassing. She stated it is time to
get over this issue, move on and get down to business and serve the citizens like they are supposed to.
Don Peters, 1902 North Sherry Drive, stated he opposes 6A, B, C, D. He stated to have all four of those on
there saying you are going to frre them and hire somebody else looks like it is predetermined, prejudged,
premeditated and preplanned. He stated if they have cause to fire, fire then hire, but to do them both at the
same time makes it look like it is a foregone conclusion.
John Harris, 1834 Ocean Grove Drive, stated he voted in the last two elections for this change and believes
they need to tum the leaf, take a deep breath and move on. He stated he rises and supports these resolutions.
Bob Totter, 275 11th Street, stated he supports the resolutions.
Jeff Montanye, 334 11th Street, stated some people have pointed out that Commissioner Hill has recently
joined the Commission, which is true, but he believes it should also be noted that he was a fireman for 30
years with the City of Atlantic Beach and so brings to his current post a wealth of experience and deep
knowledge of the City's workings, which he believes is a real resource that can be used for this decision and
decisions yet to come. He stated the avoidance of litigation cannot be emphasized too much. He stated the
fact that one must pay severance costs is potentially dwarfed in the extreme by the kind of litigation that
could follow an attempt to carry out these personnel changes with cause, because that gives endless fodder for
endless lawsuits and years before this can be resolved. He stated he would not think you could ever do this
thing effectively without doing it without cause.
Christopher Martin, 44 Dewees Avenue, stated elections have consequences, and somebody questioned the
value of this last election but if he is not mistaken the turnout for that election was as good as it has ever been
for a single election and the Mayor won by 300 votes, which is significantly more votes than the previous
Mayor won by. He stated someone spoke against having resolutions replacing these people; the resolutions
are providing for interims so we don't get anxious about what happens if we fire them. He stated we have
interims that will guide us through that process. He stated someone was talking about paying the interim City
Manager 10% more than the current City Manager, he read the resolution and it is 10% more than his current
salary and he doubts he is making as much as Mr. Hanson is. He stated he supports these resolutions; end
this, get rid of these men.
December 9, 2013 REGULAR COMMISSION MEETING
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FEBRUARY 10, 2014
Page 11
Tom Wood 380 nth Street, stated Battlecreek, Michigan has a population of 51,000, five time the size of the
population in Atlantic Beach. He stated their budget last year was $42 million, which works out to be
$823/person. He stated our budget, in comparison, was $26 million for a city of 12,000 people, which works
out to be $9,198/person. He stated if that doesn't bother you, look at Jacksonville which has a budget of$1.8
billion for 836,000 people, which works out to be $2,153/person. He stated we are spending more per person
than Jacksonville is. He stated that is his reason for why they should seriously consider the resolutions.
Ira Richardson, 312 19th Street, stated he believes the time has come and he stands in support of the
resolutions that are proposed tonight. He asked that each of the Commissioners understand that we are all
replaceable and it has already been stated that we can legally replace anybody without cause. He stated he
celebrates and rejoices at the idea that a really smart woman is the Mayor of this town and believes it is a new
wonderful concept of operations that will serve this community well. He further stated they should not take it
personally, but rather take it professionally and move on. He stated he doesn't understand, given the years of
discussion they have had, that they didn't understand that when the majority of votes spoke and elected the
Mayor that she has the right to choose her own team. He stated in any organization the boss has the right to
choose their own team, so man up and give the commander her right to choose her own team and vote in
support of the resolutions. He stated his support for this resolution goes two-fold; one, the Mayor and a few
of the Commissioners voted on being progressive. He stated now is the time to do that. Be progressive and
support the resolutions. He stated, two, we stand here later to talk about a human rights resolution, part of
which includes non-discrimination of veterans. He stated that is an heroic state, also made by a woman. He
stated he stands in support of the resolutions.
Mark Tomaski, 448 Snapping Turtle Court West, stated he supports hiring a new City Manager and City
Attorney. He stated he has witnessed the disrespect shown by appointed, non-elected officials towards
lawfully elected officials and the breakdown of the fabric of representative democracy. He stated this led to
the unfolding of the last two elections to enlighten our citizens. He stated he could go through reasons why
he believes the City Manager and City Attorney need to be replaced but if he goes through them, all he comes
back with is why would I hire them. He stated why would I hire somebody who wasn't there to answer the
phone on the E. coli report, who allows communication through way of a conduit by our City Manager which
is illegal and our City Attorney knows that. He stated he believes they all know the reasons why they would
let them go. He stated he is concerned about some of the rigid thinking he has seen with our City Manager
and it hasn't stopped; it has continued with our police station. He stated it concerns him that we would have
him still in place and we would still be fighting about that police station. He stated he didn't understand that
we had a water treatment facility that was award winning; he didn't know we had to buy award winning water
treatment but he is sure we would have an award winning police station. He stated is that what we want. He
stated cities run on democracy and we have the right to come here today and speak of our democracy and he
is so proud to see all the people show up on either side and speak their voice.
Steve Abrass, 2317 Barefoot Trace, asked why we are here, why are we looking to terminate the
employment of two gentlemen who have served our community combined for over 41 years. He stated he
believes it is pretty obvious based upon speakers who have been up before him tonight that it has a lot to do
with a sewer pipeline right behind a neighborhood in the north end of Atlantic Beach. He stated several
speakers who preceded him in support of this resolution, have properties that actually back up to that and he
feels for them because if he had bought that property and there was the possibility of it being developed he
wouldn't be happy about it either. He stated the reality is the law wasn't on their side. He stated he met with
Commissioner Jimmy Hill and one of the things he shared with him is that he campaigned on the idea of
changing the culture here. He stated he would like to suggest that the culture can be changed without going
nuclear and terminating our two most senior managers here in Atlantic Beach. He stated in revisiting the
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# 1A
FEBRUARY 10,2014
Page 12
issue of the pipeline and the police building, these gentlemen rendered opinions on those particular topics;
they didn't vote on it. He stated so if you have discontent with the result there, it is the former Commission
that needs to be held accountable for that, not these gentlemen. He stated they are paid to give us their
opinion; sometimes we agree with it, sometimes we don't. He asked why can they never be hired again. He
stated it seems to him that with that language that is in there this goes beyond business and that it is personal.
He stated what if we get a new City Manager and a new City Attomey and they render an opinion that
someone on this body is in opposition with, do we fire those people and it begins to be a revolving door here.
He stated we have heard a lot about this notion of firing without cause. He believes we owe it to them, if
there are reasons, to state them. He stated he understands there could be some legal liability but he believes
we owe it to them to hear these reasons and if they are really good reasons he believes they are defensible.
He stated at the last meeting the Mayor suggested if she had the opportunity she could probably speak for 5-6
hours on some of the reasons behind this and he bought some five-hour energy today and he is ready to go.
He stated he is ready to listen and would like to hear the reasons that go along with this. He stated she owes
it to her constituents to share those and she owes it to these men.
Rick Carper, 1810 Selva Grande Drive, stated the last paragraph in these resolutions which states they
cannot work for City again either permanently or contractually is going to have an impact on us. He stated
given the knowledge that these two have on some of the issues affected, the one that will impact him most is
the Marsh Master Plan. He stated there is a lot of knowledge there and prohibiting them from working for the
City contractually will have an impact to some of the projects the City has in the future.
Carl Burak, 2049 Seminole Road, stated we have a situation here in which the community is divided. He
stated it is not important what you say, but what they hear and in this room we have people who are hearing
the same information in different ways. He stated he believes this election was really about what we are
talking about and he is in favor of the resolutions, not because he is antagonistic to either of the gentlemen
because he doesn't know them personally but he believes there are two things that are important. He stated
one is, we have a democratic process and he has watched an evolution of commissions over the past 6-7 years
and what we are moving toward is not totally an issue about Mr. Hanson and Mr. Jensen, it is about a sense of
responsiveness to the community. He stated he believes that these meetings he has witnessed with this
Commission have been more reflective of that kind of sensitiveness, responsiveness, openness and being
willing to hear what you don't want to hear than he has heard before with other commissions. He stated he
would just ask the Commissioners to reach into their hearts and vote in a way that could get you fired in the
next election. He stated he wants them to be honest in their heart; don't do what they do in Washington and
vote in order to get yourself reelected. He stated frankly, it's not important enough. He stated he loves and
appreciates this community and however it goes he is grateful for the process and thanks the Commission for
being as open as they are.
Penny Kamish, 193 Beach Avenue, encouraged the Commission to be genteel and take some of this
hatefulness out.
Linda Huffman, 501 16th Avenue S., Jacksonville Beach, stated she believes people need to understand
how things work in the corporate world and the govemrnent is run like a corporation. She stated the
Commissioners have an obligation, legally, just like in a corporation. She stated she is sure these two men
are not being dismissed without cause. She stated she doesn't understand all these people who want to know
what all the details are. She stated she is sure that everybody that needs to know why this is happening
knows.
Mayor Woods read the following blue slips, stating the people couldn't stay but they support the resolutions:
AGENDA ITEM# 1A
FEBRUARY 10, 2014
December 9, 2013 REGULAR COMMISSION MEETING
Juanita Deloach, 804 East Coast Drive.
Linda Almeida, 282 Magnolia.
Greg Ferguson, 317 3rd Street.
No one else from the audience spoke so the Mayor closed the Courtesy of the Floor to Visitors.
Item 6A was taken out of sequence and acted on at this time.
A. Resolution No. 13-19
A RESOLUTION OF THE CITY OF ATLANTIC BEACH TERMINATING THE APPOINTMENT
OF ALAN C. JENSEN AS CITY ATTORNEY AND PROVIDING AN EFFECTIVE DATE.
Page 13
Commissioner Mark stated she wanted to make a motion to defer all four resolutions for eight months to
August 2014 and if she gets a second she will give her reasons why she is making this motion.
Motion: Defer all four resolutions to August 2014
Moved by Mark, Seconded by Daugherty
Commissioner Mark stated she believes the motion to defer would be the best solution at this time and has
several reasons why. Mayor Woods called the question.
Motion: Call the Question
Moved by Woods, Seconded by Beckenbach
Mayor Woods asked if there was any discussion on calling the question. Commissioner Daugherty stated
let's vote on calling the question. Mayor Woods stated let's vote on whether to have the deferment or not.
Commissioner Daugherty stated actually we are voting on to call the question or not. Mayor Woods stated
we are voting on whether to call the question or not. Mayor Woods stated if they would like to go ahead and
vote on Commissioner Mark's recommendation for deferral then she would like to call that vote.
Commissioner Mark requested a roll call on that vote. Mayor Woods stated the question is whether to call
the question, which means to just go ahead and vote on Commissioner's Mark's recommendation for deferral.
Commissioner Beckenbach stated he wanted to hear what Commissioner Mark has to say on the deferral so
he is withdrawing his second. Mayor Woods stated go ahead Commissioner Mark.
Commissioner Mark explained that there has been discussion about Commissioner Hill being new and
although he has had experience working with the City Manager and City Attorney in a different capacity, this
is the first time he has actually had this opportunity to work with these two men as an elected official and, as
an elected official, that relationship is very different than what he has had in the past. She stated if they agree
to defer these resolutions it will give Commissioner Hill ample time to work with City Manager Hanson and
City Attorney Jensen and to form an opinion as to whether they are an asset to our City or whether they
should be replaced. She stated the other reason is that Commissioner Beckenbach has been discussing
implementing a standard performance evaluation process for the three appointed positions. She stated we
have been in many discussions about that and she believes it has been the Commission's consensus that this is
something that we should have in place, and deferring these resolutions for this timeframe will allow the
Commission time to implement the review process that Commissioner Beckenbach has been advocating for
the past several months. She stated it would also give our newly elected Mayor/Commissioner another
opportunity in her capacity as Mayor to try to work with the City Manager and City Attorney. She stated she
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# IA
FEBRUARY 10, 2014
Page 14
believes as our newly elected Mayor she owes herself this service and owes the citizens the service of trying
to see if she can work with these two gentlemen as the elected Mayor. She stated it has also been discussed
the issues we have coming before us; i.e. the tipping fee issue, the Interlocal Agreement, the annexation of the
golf course property, getting the reuse facility up and running on time. She stated we are facing some critical
issues in our City that could have a detrimental effect and could mean big dollars if we are involved in any
kind of a law suit for breach of contract regarding the reuse system should that not come on line. She stated
Attorney Jensen has the most knowledge of everyone in this room on the Interlocal Agreement, we already
have the relationship with the City of Jacksonville, and the discussions for the annexation have already
begun. She stated to terminate these two men at this juncture would be reckless. She stated if they defer
these resolutions she believes it will give them a cooling off period. She stated as Mayor Woods said earlier,
this is a very emotional topic and she believes this is a reasonable request. She stated it will give the new
Commission an opportunity to work together, to go through strategic planning with someone who has the
experience and knowledge that the City Manager brings to the table, and will allow us to go through this first
budget process. She stated at the Town Hall meetings 99% of the questions were answered by City Manager
Hanson and not the Commission. She stated she strongly recommends passing this motion to defer, give us
this time, give Commissioner Hill time and give this Commission time to start working together.
Commissioner Daugherty stated we are at a very fragile point in our City; we are negotiating tipping fees
with Jacksonville, looking at annexing property with Jacksonville, looking at adding an addition on to our
police station, and are building a master plan for the marsh. He passed around a list of 17 projects the
Commission has delegated to the City Manager to do, stating which will be on hold and we can't afford for
them to be on hold, if we decide to terminate these gentlemen tonight, . He asked if we want to have a brand
new City Manager come around July to negotiate our trash services for us. He stated whether this happens or
not eight months from now it doesn't matter. He stated, personally, he is not for it. He would like to
entertain whether we can get better services out of a law firm versus one attorney. He stated for
Commissioner Hill to be asked to make this decision right now is unfair to him because he has no experience
working as a Board Member with our CEO. He stated if he makes a decision on this tonight he will be
rushing to a decision without proper knowledge and the experience behind that. He stated there are a lot of
emotions here tonight and he is asking the Commission to take a step back and look at why we are doing this
and what other alternatives we have. He stated although he had no idea this deferment was going to come up,
he believes it is a good idea and the only fair thing to do.
Commissioner Beckenbach stated he does not believe they should defer it at all.
Commissioner Mark asked for a roll call vote to defer.
Roll Call Votes:
Aye: Daugherty, Mark
Nay: Beckenbach, Hill, Woods
MOTION FAILED
Mayor Woods stated they would move on to Item 6A. Commissioner Daugherty stated they have 15 other
items on the agenda that, if these Resolutions are passed, we will not have a City Manager or a City Attorney
to advise us on. He stated he would make a motion that they move these items to the end of the meeting
versus acting on them right now.
Motion: Move Items 6A, B, C, and D to end of meeting.
Moved by Daugherty, Seconded by Mark
December 9, 2013 REGULAR COMMISSION MEETING
City Attorney Jensen stated do it now.
Commissioner Daugherty withdrew his motion, Commissioner Mark withdrew her second.
Mayor Woods read Resolution 13-19 by title.
AGENDA ITEM# IA
FEBRUARY 10,2014
Page 15
Commissioner Becken bach asked to amend the Resolution to remove Section 1, item d, that states Alan C.
Jensen shall not be eligible for employment or contractual agreement with the City of Atlantic Beach again.
Motion: Amend Resolution No. 13-19 to delete Item d. under Section 1.
Moved by Beckenbach, Seconded by Daugherty
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
Mayor Woods read the Resolution as amended in its entirety.
Motion: Approve Resolution No. 13-19 as amended.
Moved by Beckenbach, Seconded by Woods
Commissioner Daugherty stated he does believe there is opportunity for the City to be better served by a law
fi1m versus, however, we have not been given the chance to vet said law firn1s, put out an RFP, not had the
chance to find out if, indeed, we can be better served. He stated with the annexation of the property from
Jacksonville and negotiating with the tipping fees, he does not believe now is the right time. He stated he
believes we should put out an RFP, vet law firms and make a decision before they hire a new attorney. He
stated he believes they should defer this and explore the options and then make a decision. He stated making
a decision like this is rash, it has the appearance of being personal, given the Mayor's and another
Commissioner's relationship in law suits against the City. He stated he believes we should follow the proper
process and at that time make a decision.
Mr. Hanson clarified that the budget for the City Attorney is not all for Alan Jensen but a substantial portion
is for our labor attorney.
City Attorney Alan Jensen stated there have been a lot of statements issued and published in the media which
are not accurate. He stated he has served the City for a long time because he wanted to and believes he has
done a pretty good job. He stated we have had a couple of major lawsuits the last couple of years that he was
involved in and we won the lawsuits. He stated he wanted to thank everyone who came out and participated.
He stated it is upsetting to him that the City is going through this but it is more upsetting to him that his
family is going through this again. He stated they have other more pressing matters at this time. He stated he
has said before and will say again that he is ready, willing and able to work with this Commission and
believes we should all work together to get to know our jobs better and to do our jobs better, all of us up here
on this dais. He stated a lot of people who supported the resolutions didn't give reasons why they supported
them. He stated it was suggested that he had not remained neutral anymore. He stated he has never been
neutral in this position; he has always been in favor of the City and has always litigated on behalf of the City.
He stated he is not going to sit up here and be neutral. He stated there has been some question about vetting
December 9, 2013 REGULAR COMMISSION MEETING
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Page 16
these new proposed attorneys. He stated the Commission has a meeting next Monday night and asked if they
know who will be sitting in this seat, what he looks like, his name, whether he has the experience and
qualifications in our Charter to be the City Attorney and do they know how much they are going to be paying
him. He asked do they know the answers to those questions; he stated he hasn't heard them and he doesn't
know that. He stated he is willing to be here next Monday and for as long as they want him and to continue
representing this City to the best of his ability. He stated he will not sit up here and always tell them what
they want to hear, but he will give them his honest legal opinion. He stated he has always done that. He
stated he has told commissioners and mayors in the past when he thought they were wrong; they agreed with
him or didn't but that is his job and he wants to do it. He stated he wants to do it honestly and work hard. He
stated he has done that all his life and he would continue to do that and be ready, willing and able to do that
for them if they want. He stated if they don't want, he understands. He stated if they want change for the
sake of change they are entitled to do that. He asked is he entitled to an explanation from them for the reason
why; no, but he believes he has earned that. He stated whatever their decision is he will honor and respect it
and hopes they think very seriously about the ramifications of not only this decision but the same decision for
Jim Hanson.
Commissioner Mark stated she is shocked and appalled that they had this many citizens and it took her two
hours to go through emails and 90% of which were people questioning these resolutions and the intent of
these resolutions being brought asking those questions time and time again. Mayor Woods asked her to keep
the topic to the discussion. Commissioner Mark stated this is the discussion, because there is no discussion
coming from this Commission who are moving for these resolutions. Mayor Woods stated that is their choice
and they do not need to be lectured. Commissioner Mark stated she is not being lectured; she still has the
floor. She stated the people have asked these questions, just like the people who told you they wanted these,
and she believes these people, as well as the Commission, deserve a response before they are asked to vote on
these two resolutions that can bring dire consequences to this City.
Commissioner Hill stated the thing he was trying not to do was to comment until he had heard everything that
was going to be said and he finds himself in a unique situation sitting in the middle of a pretty heated debate
with a pretty tough decision. He stated he really wanted to wait until the last second to decide. He stated the
words from everybody impact the decision and ironically they were fairly split which hurts him more than
anything he has seen. He stated there is nothing he believes can be done other than cleaning the slate to
correct that and if anyone in this room thinks that we can sit here and work this out is not paying attention to
this actual effect of what is happening in this room. He stated he believes our only hope is to find neutral
ground in these two most important positions and he intends to give somewhat of a reason. He stated there is
no way to give cause. He stated first and foremost he believes we can find people who can do a better job in
these circumstances. He stated this board is going to meet every couple of Monday nights and if it is this
dysfunctional for the rest of his two years he might have made a mistake because this is not a functional
board the way it sits. He stated he intends to do what he believes is best for the citizens who elected him to
get the work of the City done.
Commissioner Daugherty stated they are forcing his hand to vote against this. He stated he is in favor of
looking at options but this is the wrong process in doing it. He stated he regrets what he just heard, it is
embarrassing. He watched the video of the Commission meeting and it appalled him. He stated they do need
unity on this Commission and to work together. He asked how challenging is that going to be without
continuity of staff, without having someone who has experience in these issues to help us. He stated the
Commission is best described as a board of directors. He stated the City Attorney and the City Manager
follow the will of the Commission. He stated it has been said that the City Manager supported that police
building; he reminded everyone that Commissioner Woods at the time voted for that police building. He
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Page 17
stated the City Manager followed the will of the Commission at that time and he is now following the will of
the Commission when we are saying we want to do a small addition. He stated every action he does is
directed by the Commission. He stated they say they want to move forward; he believes if they move
forward without experienced staff at this point we are due to fail. He stated it will be the biggest mess you
will ever see our City in. He stated we need experienced lawyers with negotiations with Jacksonville on
tipping fees, annexing property from Jacksonville. He stated now is not the right time; he is in favor of doing
something in the future, but not right now.
Commissioner Beckenbach asked Commissioner Daugherty if he looked at the firm Mayor Woods
recommended, or made a phone call to them. Commissioner Daugherty stated he did not because that is not
the proper process. Commissioner Beckenbach stated he did call to find out what this law firm is all about
and it is one of the only municipal law firms in this area, a full municipal law firm including real estate. He
stated as far as Rick Komando, who is the individual he spoke to, he was the criminal prosecutor with the
State Attorney's office and believes Commissioner Daugherty would be really interested in having somebody
such as this because of all the ethics question he always asks about. He stated he is looking forward to having
this particular law firm come on in so whenever Commissioner Daugherty says something about ethics he can
ask them whether that is ethical or not. He stated don't start lecturing him about how he should feel; he is
looking forward to this and has no problem saying this is something a lot of his constituents, who have voted
for him, have stated they wanted for a long period of time. He stated Alan Jensen wanted to know why. He
stated two year ago he talked with Mr. Jensen about the opinion that he came up with. He stated he also
talked about the Sunshine rules. He stated, yes, he gave him a certain amount of opinions but what started
happening is that he had to go out and start asking other lawyers in order to confi1m what he was saying and
he felt that he was not confident in having him as his lawyer. He stated that is the reason; he does not have
confidence in him as the lawyer for the City.
Commissioner Daugherty stated Commissioner Mark Beckenbach ran on open government and transparency
and asked him if he doesn't believe that the City hires should be vetted in public with the ability for comment
from the citizens. Commissioner Beckenbach stated these resolutions have been in the hands of the citizens
to go and search out exactly what this law firm is all about and he would be interested in finding out if
everybody probably sitting checked out the internet and found out exactly what the law firm was. He stated
maybe not, and if they didn't and they ended up foregoing that opportunity, then shame on them. He stated
as far as open government is concerned this is more open than it has ever been and he ran on that and it has
been more open with the video, and they had a workshop with the opportunity to say what they felt. He
stated that was not before.
City Attorney Jensen stated he understands Commissioner Beckenbach's position, and this isn't for him it is
for in the future, because he understands what is going on here tonight, but he would have liked to have heard
that from him before tonight that he doesn't have confidence in him. He stated the last two years he has been
up here, except for those frrst couple of months when he disagreed with an opinion he received from other
lawyers before he asked him, he has never heard that from him. He stated in the future he believes someone
would appreciate hearing that before the last minute. He stated, secondly, he knows some of the lawyers in
that law firm and the one he mentioned joined that law firm this year. He stated that is the extent of his
municipal law experience. He stated the next guy up the totem pole has been with the firm about two years
and before that he was a prosecutor also. He does not have experience in municipal law. He stated as he
asked before, do you know what the man looks like who will be sitting in my seat next Monday, do you know
what his qualifications are. Commissioner Beckenbach stated he doesn't know exactly what his
qualifications are.
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# IA
FEBRUARY 10,2014
Page 18
Mayor Woods asked if there were any other comments before she makes a few comments here.
Commissioner Daugherty asked to call the question.
Motion: Call the question.
Moved by Daugherty, Seconded by Mark
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
Commissioner Mark requested a roll call vote.
Roll Call Votes:
Aye: 3-Beckenbach, Hill, Woods
Nay: 2-Daugherty, Mark
MOTION CARRIED
Item 6C was taken out of sequence and acted on at this time.
C. Resolution No. 13-17
A RESOLUTION OF THE CITY OF ATLANTIC BEACH TERMINATING THE APPOINTMENT OF
JAMES R. HANSON AS CITY MANAGER AND PROVIDING AN EFFECTIVE DATE.
Mayor Woods read the Resolution in its entirety.
Motion: Approve Resolution No. 13-17.
Moved by Beckenbach, Seconded by Woods
Mayor Woods stated she wanted to amend the Resolution under Section 1 b. to eliminate the last line due to
the economic hardship from taxes.
Motion: Amend to eliminate last line under Section 1 b.
Moved by Woods, Seconded by Daugherty
Commissioner Mark asked if they should put a certain date by which the severance should be paid. Mayor
Woods stated it shall be paid in full within 6 months. Discussion ensued. Mr. Hanson stated if it were his
choice, it would be after December 31 because there is a larger tax liability if it is taken this year. The
amendment was changed to state such sum shall be within six months of the adoption of this resolution at Mr.
Hanson's discretion.
Amended Motion: Amend to eliminate last line under Section 1 b. and add "Such sum shall be within
six months of the adoption of this resolution at Mr. Hanson's discretion."
Moved by Woods, Seconded by Daugherty
Votes:
Aye: 5 -Becken bach, Daugherty, Hill, Mark, Woods
Nay: 0-
MOTION CARRIED
December 9, 2013 REGULAR COMMISSION MEETING
Commissioner Beckenbach stated he wanted to amend the Resolution to remove Section 1 c.
Motion: Amend to remove Section 1 c.
Moved by Beckenbach, Seconded by Daugherty
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
AGENDA ITEM# lA
FEBRUARY 10, 2014
Page 19
Commissioner Daugherty stated this is a public execution of Jim Hanson and reiterated this is a very
inappropriate and irresponsible time to do this. He stated we are in the middle of annexing land from
Jacksonville and Mr. Hanson has been at the forefront of those negotiations since the beginning. He stated
we are negotiating tipping fees with Jacksonville which will have an enormous economical impact on our
taxpayers. He stated Mr. Hanson has been in negotiation for three years on this. He stated we are getting
ready to renegotiate our trash services and Mr. Hanson help to negotiate the first contract. He stated there is
also the police building and Mr. Hanson has been facilitating our desire to send out an RFP to get these
services done. He stated if we terminate the City Manager now, we will have no one who is qualified on staff
to facilitate the expansion of the police building and they are delaying this process a minimum of a year. He
stated there is no burning thing that Jim Hanson has done wrong, in fact nobody can actually give a reason
why we are doing this; why do it now. He stated let's get through this time in our City where we have so
many things up in the air. He stated let's get these things done and ifthey want to make this decision again in
8-9 months they can do that. He stated he would encourage this to be voted down but to do this right now
would be the most irresponsible thing our Commission could do.
Commissioner Hill stated he would not go onto this endeavor without doing research. He stated he has spent
a tremendous amount of time over the last three weeks talking to everyone he could fmd who would have
relevant input into this, including the people who would be instrumental in the two big issues that most
citizens are concerned about, the annexation and the tipping fee issue. He stated he wouldn't do this if he
wasn't comfortable that the process can proceed on task and on time. He stated he has also made sure in
every possible way that we won't put liability on ourselves through the staff that will be picking up the slack
in the interim, but more importantly we have to find interim people, but we also have to immediately fill
these positions. He stated the key to him will be finding somebody for both positions that will be vacant who
has the confidence of all five members and they need to do it quickly.
Commissioner Beckenbach directed his comments to Commissioner Daugherty related to James Hanson's
background investigation and Jon Daugherty's interview of November 26, 2012 when James R. Hanson was
looking for a new position in the City of Port Orange. He stated Commissioner Daugherty was
knowledgeable about this because he was being interviewed. He stated the citizens and himself were
unaware for a period of time that the City Manager was looking for a new position and, of course, at that
point he stated he didn't know how many of you were really concerned about the City Manager leaving and
leaving us without someone in that position so that the annexation and the Selva Marina Country Club and all
of the items that Commissioner Daugherty stated were so much of a concern of his. He stated he now is
looking at it and saying that was a year before and now all of a sudden we need him so desperately and the
fact is that without Mr. Hanson this City will not exist, it is going to be so difficult without this individual.
He stated he believes the depruiment heads are more than capable and would hope that each of the department
heads that Mr. Hanson brought in is more than capable of doing all of the things he is talking about. He
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# lA
FEBRUARY 10, 2014
Page 20
stated fi:om what he is gathering although Mr. Hanson was very much a hands on individual that he has
brought very intelligent individuals on as department heads who are more than capable of working with the
annexation problem, the tipping fees, or whether or not there is going to be garbage pick up tomorrow. He
stated the fact that if we vote Mr. Hanson out of this position, the City of Atlantic Beach will not function
correctly, is not true. He read a number of statements that Commissioner Daugherty made in the interview
and recommended that everyone go on the City of Port Orange website and find Commissioner Daugherty's
interview.
Commissioner Daugherty stated he is actually very happy Commissioner Beckenbach brought that up
because when he had that interview with Port Orange, first of all his goal was for them not to hire him
because he likes Mr. Hanson. He further stated he was talking about when he was a brand new
Commissioner and he was very na'ive. He stated he had heard from the people that Mr. Hanson was hard to
get along with and he talked to the department heads and a lot of them said yes he is pretty much a my way or
the highway kind of guy. He stated he sat down with Mr. Hanson and told him things need to change in the
way we communicate with our staff and in the way our employees see your position and there was a change.
He stated the last couple of months Commissioner Beckenbach has been talking about open evaluations and
those evaluations have not taken place yet and he wants to make a decision on this before having the chance
to have these open evaluations. He stated that is going against what he has been trying to do for the last
couple of months. He stated when he was a brand new Commissioner there were some things going on and
he went, as a board member, to our CEO and said some things need to change and they did. He stated does
he want a City Manager everybody likes, no. He stated he wants a City Manager who does a great job and
runs a good City and provides a budget that allows him to go back to the taxpayers and say we aren't raising
your taxes. He stated he has had a very easy job because of the work this man has done. He stated this is the
most disrespectful thing this Commission can ever do to a man who is providing a living for his family. He
stated he was na'ive, brand new in his job and did not have people coming to him, just like Commissioner
Hill. He stated instead of saying we need to make a change and get a new City Manager, he sat down with
him, worked with him, evaluated him and things changed. He stated things can still change more but it is
irresponsible for them to just fire somebody without having the opportunity to work with them and see if
things can be different.
Commissioner Hill stated he is not na'ive and he understands what they are doing and that there are families
involved. He stated it does not make it easy but the reality is we don't represent the smaller number, we
represent the larger number and we have to start moving in a direction where everyone in these seats can
value 100% confidence that everything we do is in line with our task and not getting information that is not
making it through the loop and other issues of that nature. He stated that is his primary concern. He stated it
is his evaluation as a newly elected official that the only hope we have as a board is to put individuals in these
two seats that they all five agree on, which is the driving force for him. He stated he will not put someone in
there they don't trust or have confidence issues with. He stated he does not believe the City Manager or City
Attorney are untrustworthy but believes there are confidence issues that are undeniable. He wants to get this
to a level playing field so this board can work without this. He stated he has spoken to most of the
individuals who are intimately involved, and at least everyone who had a phone number on their email got a
call from him, with very few exceptions. He stated he didn't do this lightly and doesn't do it without
understanding the problem. He stated he also understands the importance of the respect level for the two
individuals. He stated they may very well be begging these two individuals to come help us in a few months,
which is why they wanted that other language out. He stated in two years the new Commission may want
them back, which is why that language was not even remotely going to stay in if he had a choice. He stated
he wants them to leave with a completely employable position, which is the reason they don't go into cause
so they don't get into mudslinging. He stated none of this is done without literally 3 Yz weeks of almost every
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# lA
FEBRUARY 10, 2014
Page 21
minute he had to make sure it was the right thing to do for the long term. He stated it is not easy and he is not
comfortable with it but somebody has to do the hard part. He stated if he had a complaint prior to running for
election he would say this Commission as a board has a habit of not doing what has to be done when it is hard
and this has to be done, it's hard.
Commissioner Mark asked what would change from tonight to terminate them that they would say, I think we
need to hire them back now. She stated if they want to have that option in the future to bring them back, why
are they terminating them now to begin with. Commissioner Daugherty stated it would probably be because
they would need them on a consultant basis, because we have no one on staff who knows what they know.
Commissioner Woods stated now Commissioner Daugherty is making disparaging remarks about staff so
with that we will move on. Commissioner Daugherty stated we do not have a qualified City Manager with
training to be a City Manager. He also asked have they thought about who will replace Mr. Van Liere.
Commissioner Woods stated she would like the opportunity to make a few comments, if that was okay with
Commissioners Daugherty and Mark. She stated this has been very difficult and she understands it is hard on
the community, which has been divided for a while. She stated as one of the Commissioners brought up, in
order for us to move together as a community, we on the Commission need to be together. He stated they
may have very valid reasons and may be right on every single one of them about keeping these two
gentlemen, but if the entire Commission is not comfortable with them, if the confidence level is not there and
we spend all of our time arguing back and forth, we are not doing our job, not serving the community, and not
moving forward positively. She stated that has been a long time coming; this is not a personal vendetta. She
stated anyone who says otherwise is putting words in her mouth, creating drama and speaking out of tum.
She stated she has worked with these men over many years. She stated it is time for positive change. She
stated when we started talking about open government here on this Commission, video streaming of our
Commission meetings; it has taken her three years to make that happen. She stated Commissioners
Daugherty and Mark fought that quite a bit. She stated when we started talking about a new process for the
Commission meetings, where we used to get out agendas on a Wednesday and vote on a Monday and we
wanted to give citizens and Commissioners more time to address these issues, it was a hard fight. She stated
we need to stop fighting each other and work together and they can. She stated there has been a lot of fear
talk and she doesn't believe we need to be fearful; we are all capable people, we have capable staff. She
stated working together we can vet any new law firm or City Manager. She stated Mr. Van Liere has been
here quite a while and has quite a bit of history and knowledge. She stated as the Finance Director, he
understands all of the contracts and where the money goes and comes from. She stated we are not putting
ourselves in as much jeopardy as some would like you to believe. She stated it is hard to sit here next to these
gentlemen and go through this process but it is a process that is dictated by our Charter which states it is a
vote of three on the Commission for all appointed positions. She stated there is no other way to do this. She
stated she is sony they don't agree with the Charter; they will look into that when they start the charter
committee. She stated the contracts also have two options for te1minating the contracts and these are contract
employees, which is what they sign on for. She stated if you have a City Attorney, you have every right to
decide you would prefer other representation. She stated it is not personal, it is the process; we are following
the process and it is a difficult one. She stated she has heard and seen an awful lot of hate and she doesn't
believe it has been coming from her because you have not heard her say anything derogatory about either of
these gentlemen and during the campaign a lot people tried to get her to say derogatory things about them and
she wouldn't and she won't. She stated that is not healing, not moving forward in a positive direction. She
asked everyone to please respect their neighbors, learn to communicate and actually talk without throwing
hyperbole and dramatic accusations around. She stated we can move forward positively. She stated not just
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# 1A
FEBRUARY 10, 2014
Page 22
the Commission has to work together; the community has to work together. She stated when you get one of
those hate emails, just delete it, don't forward it; it doesn't do anyone any good and does not help.
Mayor Woods called for a roll call vote on the Resolution as amended.
Roll Call Votes:
Aye: 3-Hill, Beckenbach, Woods
Nay: 2-Mark, Daugherty
MOTION CARRIED
City Manager Jim Hanson stated it has been an honor to have served this City for the last 14 years and he has
been honored by a lot of speakers here tonight. He stated some of the speakers have been friends of his,
many he has met at various business dealings through the years, and many who spoke in favor of retaining his
and Alan Jensen's services he has never met. He stated he guesses he has to ascribe some of the comments
not at all to personal admiration for him but more to the reflection of their assessment of the shape of the City.
He stated, for that, he believes we all can be proud for what has been accomplished here over the last 14
years; there has been a lot of change. He stated the City is in a lot better shape and it has certainly been a
team effort from a lot of very good City Commissioners and a lot of great staff. He stated he appreciates the
kind comments but certainly can't claim that they were all these things of his doing. He stated, having said
that, there is a saying among City Managers that there are only two kinds of managers, those who have been
fired and those that are about to be fired. He stated terminations often occur fairly soon after an election; it is
a result of the democratic process. He stated most incumbents, if they choose to run for reelection, run on the
record of their accomplishments and challengers generally run a promise of change. He stated, generally as
part of that, they don't want anything to do with the old guard. He stated that is pretty common. He stated
voters wind up choosing which is best and oftentimes when you have a new group that results in te1minations
of the top staff, particularly in communities where there are great differences. He stated we have certainly
had a couple of factions in this community who seem to have great differences, which the Mayor just refened
to. He stated he agrees wholehemiedly that it is time for the Commission and the community to come
together; there has been way too much divisiveness over the last couple of years. He stated sometimes it
takes a couple of elections to change the makeup of an elected body sufficiently to make those kinds of
changes and that certainly happened here over the last two elections. He stated he respects the decision to
terminate him; it is ce1iainly within their right, but he respects that decision because he respects the
democratic process. He stated if you are going to be in his business you have to have a deep respect for that
process. He stated it may not be perfect but it is certainly the best system around and it is why we have the
military out fighting wars and what keeps them from having City Managers who wind up being dictators. He
stated he wishes them the greatest of success in moving forward with the community. He stated he has
devoted a considerable piece of his life to this community and a lot of extra hours. He stated his wife and he
have made Atlantic Beach their home, they have raised children here, both worked here and they both hope to
be able to retire here. He stated those are the reasons they want them to be successful, because they live here
too. He thanked them, stating it has been a great opportunity and a great community to live and work in.
Mayor Woods recessed the meeting at 9:44p.m.; she called the meeting back to order at 9:56p.m.
Item 6D was taken out of sequence and acted on at this time.
D. Resolution No. 13-18
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# lA
FEBRUARY 10, 2014
Page 23
A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING NELSON VANLIERE AS
INTERIM CITY MANAGER AND PROVIDING AN EFFECTIVE DATE.
Mayor Woods read the Resolution in its entirety.
Motion: Approve Resolution No. 13-18.
Moved by Beckenbach, Seconded by Woods
Commissioner Hill stated he would like to put a timeline on this process. He stated he would like to discuss
what their expectations are as a board for filling the position. Mayor Woods stated her thought was to put
this on the agenda for January to start with some RFPs and in the meantime that will give all the
Commissioners time to work with our Human Resource Director to draft an RFP and talk to Mr. Van Liere
and see where they want to go with that. City Clerk Bartle stated her office is preparing the agenda for the
first meeting in January tomorrow because they workshop it on December 16. Commissioner Mark asked if
Mr. Van Liere had agreed to accept the position and the 10% increase or is it something that is up for
discussion. Mayor Woods stated everything is up for discussion, but it was something that was recommended
to her by the Human Resource Director. Discussion ensued.
Human Resource Director Cathy Berry answered questions from the Commission.
Mr. Van Liere answered questions from the Commission. Discussion ensued.
Votes:
Aye: 4-Beckenbach, Daugherty, Hill, Woods
Nay: 1-Mark
MOTION CARRIED
Mayor Woods asked that Mr. VanLiere join the Commission at the dais.
Item 6B was taken out of sequence and acted on at this time.
B. Resolution No. 13-20
A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING THE FIRM OF KOPELOUSOS,
BRADLEY AND GARRISON, P.A. AS INTERIM CITY ATTORNEY AND PROVIDING AN
EFFECTIVE DATE.
Mayor Woods read the Resolution in its entirety.
Motion: Approve Resolution No. 13-20.
Moved by Beckenbach, Seconded by Woods
Motion: Amend to add under Section 1 C, the Interim City Manager and Human Resource Director
shall negotiate, the Commission approve and the Mayor shall sign a contract for services.
Moved by Woods, Seconded by Beckenbach
Discussion ensued. Commissioner Beckenbach read Rich Komando's resume. Further discussion ensued.
City Clerk Bartle read the amended motion and Mayor Woods called for a vote on the amendment as read.
December 9, 2013 REGULAR COMMISSION MEETING
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
AGENDA ITEM# lA
FEBRUARY 10, 2014
Page 24
Motion: Amend to add that the firm will appoint an individual Attorney to act as the City Attorney.
Moved by Daugherty
Discussion ensued. Ms. Berry explained that the advantage of hiring a firm is that you get a range of
attorneys and a range of fees. She stated you may need the top level partner who is going to charge
$700/hour for something but you may not want him to work on everything or your bill will be this big. She
stated each individual attorney, especially if they are partners, is liable for the whole firm's business.
After further discussion, Commissioner Daugherty withdrew his motion.
Mayor Woods called for a vote on Resolution No. 13-20.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0-
MOTION CARRIED
Mayor Woods opened the Courtesy of the Floor to Visitors.
The following people were in favor of the Human Rights Ordinance:
Helen Bradley, 91 Ocean Side Drive
Chris Lester, 625 East Coast Drive
Anne Harmon, 266 Pine Street
Heather Downs, 375 3rd Street
Donna Zimmerman, 1736 Ocean Grove Drive
Judy Sheklin, 1985 Brista De Mar Circle
B.J. Whitehead, 234 Poinsettia Street
Katie Armstrong, 1116 Links ide Court W.
Theresa Weatherford, 371 9111 Street
Dawn O'Connor, 611 Selva Lakes Circle
Debra Harmon, 611 Selva Lakes Circle
Sarah Bishop, 1308 Willow Branch Ave., Jacksonville
Karen Morian, 2043 Dunsford Terrace, Jacksonville
Michelle Mann, 1831 Riviera Parkway
Dan Merkan, 3159 College, Jacksonville
Payton Hopkins, 957 13 1li Ave. S., Jacksonville Beach
Sue Smith, 1620 Sunnyside Avenue, Jacksonville
James Eddy, 222 Lawton Avenue, Jacksonville
Natalie Nguyen, 1300 Hamilton Street, Jacksonville
Linda Huffman, 501 16111 A venue S, Jacksonville Beach
Bobbie O'Connor, 3654 Bridgewood, Jacksonville
Josh Johnson, 4460 Hodges Blvd., Jacksonville
December 9, 2013 REGULAR COMMISSION MEETING
Yvette Hyater-Adams, 312 4th Street
The following people were against the Human Rights Ordinance:
Linda Swafford, 9690 Taylor Field Road
Jim Stehr, 1752 Sea Oats Drive
William Lyon, 1125 Main St.
Don Peters, 1902 N. Sherry Drive
Sharon Krause, 4845 Plymouth St., Jacksonville
AGENDA ITEM# 1A
FEBRUARY 10, 2014
Page 25
Raymond Johnson, 3036 Stratton Lane W., Jacksonville (distributed a book, The Agenda, to the Commission)
No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors.
3. Unfinished Business from Previous Meetings
A. City Manager's Follow-up Report.
This item was taken out of sequence and discussed later in the meeting.
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 Building Department Monthly Activity Report, List of New
Business Taxes and Utility Sales Report for October.
B. Extend the Utility Contractor contract for one additional year to Gruhn May, Inc. at the current
contract prices, effective January 11, 2013.
C. Award the construction contract to F & G Construction for $39,848.00 to complete the
Tideviews ADA Trail using the funds in account 320-6040-572-6300 to fully fund the project
and authorize staff to sign associated paperwork.
D. Award the annual contract for Welding Troubleshooting and Repair to Hutchinson Welding &
Repair, LLC at the prices submitted in Bid No. 1314-01.
E. Award the contract for beach cleaning services to Beachcombers North, Inc. (Bid No. 1213-
13) in the amount of $32,916.00 for one year, from November 1, 2013 through October 31,
2014, and authorize City Manager to sign the new contract.
F. Authorize the City Manager to sign the Radio Services Agreement between the City of
Atlantic Beach and the City of Jacksonville.
Mayor Woods read the Consent Agenda.
Commissioner Hill pulled Item E.
Motion: Approve Consent Agenda Items A-D, F as read.
Moved by Daugherty, Seconded by Beckenbach
December 9, 2013 REGULAR COMMISSION MEETING
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
AGENDA ITEM# IA
FEBRUARY 10, 2014
Page 26
Commissioner Hill reiterated that we are doing something that is not in our best interest by raking the sand
and would like to make that a non-standard procedure. He stated he would like to leave it as an option, but he
wants to stop raking for the sake of raking. He stated it is a legitimate way to pick up trash when there is a
trash problem but is also very destructive to our beach and would like to get out of the institutionalized
practice of taking away the largest natural barrier to erosion that we get annually as a gift from the ocean and
burying it under sand before it can do its job. He stated the service level has been excellent and the provider
is doing an excellent job but the raking has become obsolete, in his opinion.
Public Works Director Rick Carper stated the City changed the raking procedures two years ago and they
don't bury the sargassum; it is stacked up along the frontal edge of the dune where it actually contributes to
the growth of the dune. He stated all of the vegetable, animal, and mineral materials stay on the dune; they
don't take anything from the beach.
Discussion ensued regarding raking. Mr. Carper stated we are currently cleaning the beach by going on a
month-to-month basis on the existing contract. He stated if we say don't rake the beach, they will still get
paid for raking the beach anyway. He stated there is not a separate line item in the old contract for cost to
rake the beach. Mayor Woods stated we should continue on a month-to-month basis and the Commission can
get with staff and come back with some language before they discuss this again. Mr. Carper stated in ten
years he has had two complaints about the raking; he has had two complaints a month during the storm
season about not raking. He stated the citizens wants us to rake more when the sargassum is on the beach.
Discussion ensued.
Motion: Continue the contract for beach cleaning services on a month-to-month basis and bring this
up in the future.
Moved by Woods, Seconded by Daugherty
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
Item SA was taken out of sequence and acted on at this time.
A. Crosswalk on Seminole Road at David Street.
Mayor Woods explained the background of the request for the crosswalk.
Motion: Direct staff to create a crosswalk at Seminole Rd. and David St. and in the future bring back
recommendations and options to augment with lighted and new technologies for increased safety.
Moved by Woods, Seconded Hill
Discussion ensued. Commissioner Hill stated he would like to make this a strobe light crosswalk. Chief
Classey stated that some of those options are in the $20-30K range and that would take a significant budget
modification to put that type of technology there.
December 9, 2013 REGULAR COMMISSION MEETING
Commissioner Beckenbach left the meeting at 11:37.
Votes:
Aye: 4-Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
Item lOA was taken out of sequence and acted on at this time.
A. Human Rights Ordinance.
AGENDA ITEM# lA
FEBRUARY 10,2014
Page 27
Commissioner Mark stated at the last workshop it was the consensus of the Commission to move forward on
beginning to draft the language for the HRO and determine the different ways to enforce the ordinance. She
stated when they get a City Attorney on board that discussion will be taken up with them, because it is more
of a legal issue. She stated there have been several different options presented. She stated Charlene Hill, the
head of the Jacksonville Human Rights Commission, has agreed to give us a brief presentation on the process
of what they do and their purview in this. She proposed, if it is not timely to put that on the December 16
workshop that they do it in January.
Commissioner Beckenbach returned at 11:39.
It was consensus that they will have a presentation at the January 27 workshop. City Clerk Bartle asked if
this will be a workshop only item or will it also be an action item on the February meeting. Commissioner
Mark stated it should be on the agenda for February, because they may want to give an update at the
Commission meeting. Mayor Woods stated her intention is to look at this issue very carefully and they need
to get the language right so it is good for the entire community. She stated there are other communities that
have done this and she stated they can work something out if they work diligently at it. Commissioner Hill is
very interested in the enforcement side of it not falling under the Jacksonville Human Rights Commission, a
community that didn't pass the ordinance. He stated they should look at other options for enforcement.
Commissioner Mark stated they need to look at all options for enforcement which is why it is a legal
question.
Item 8B was taken out of sequence and acted on at this time.
B. Community Development Board recommendation on boats/trailers in front yards.
Mike Griffin gave a follow-up report on the number of boats out of the 49 they found during a survey that
could not be relocated on the property. He stated there were 4 boats that could not be relocated because the
side yard setback was too narrow. He stated he wouldn't see this as being a candidate for a variance because
it would be a condition that was created by the owner. He stated the requirements for a survey variance shall
not be granted solely for the personal comfort or convenience or relief from financial circumstances or relief
from situations created by the property owner. Discussion ensued.
Commissioner Daugherty stated he wants to extend the moratorium on enforcement of this ordinance until we
draft new language and asked the City Manager to provide an ordinance to change the wording from the
property line to the street line, which would address this concern. Discussion ensued.
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# 1A
FEBRUARY 10, 2014
Page 28
Motion: Commission to meet with staff to draft new language to bring back to the Commission and
extend moratorium until the February agenda.
Moved by Daugherty, Seconded by Hill
Mayor Woods suggested that Commissioner Daugherty and staff discuss this and come back to the
Commission with a solution. Mr. Griffin stated this would have to go back before the Community
Development Board before it comes back to the Commission as an ordinance. Commissioner Mark stated
they originally had the Community Development Board look at this and specifically asked them to come back
with a recommendation, which they did. She stated she believes for the Commission to not uphold their
recommendation is slapping them in the face. She stated what was the point in having them look at this; why
didn't the Commission just do what they wanted to do. She stated she supports the Community Development
Board's recommendation; that's what they are there for and that's what we asked them to do. She stated if
we aren't going to uphold their decision based on what we already have in our Ordinance then what is that
saying to the community as far as their authority as the Board. ·
Commissioner Hill stated that speaks to the exact question; what is their authority and what is ours. It is ours
to make accommodations, if needed, from the Board and it's not that they don't take the recommendation
seriously. He stated it is the Commission's responsibility, it wasn't the Community Development Board's.
He stated we asked them but here we are with some pretty clear citizen issues that we are trying to address.
He stated he would definitely like to review it again and send it back through the process and get it right. He
stated he wants to handle it at the Commission level and not burden that Board with it. He stated it is a
change we have been asked to look at from our citizens and this is who we serve.
Commissioner Beckenbach stated they sent this to the Board because they wanted to make sure that the Board
looked at the Ordinance and came back to us. He stated once we start crossing that line and start putting a 20'
boat on a 25' trailer, with an engine that hangs out by 2', we are 7' into the right-of-way; we are opening
Pandora 's Box. He stated he doesn't want to change an ordinance for 5 people because they don't have a
large enough piece of property. Commissioner Hill agreed that picking an arbitrary number would not solve
it. He stated the footage of the boat is completely irrelevant, but the property line should be the guiding point
and the right-of-way issue should be part of that. He stated the intent is to accommodate a situation that we
created through the history of the way we let the neighborhoods develop. Discussion ensued.
Votes:
Aye: 3 -Daugherty, Hill, Woods
Nay: 2-Beckenbach, Mark
MOTION CARRIED
5. Committee Reports
None.
6. Action on Resolutions
A. Resolution No. 13-19
A RESOLUTION OF THE CITY OF ATLANTIC BEACH TERMINATING THE APPOINTMENT
OF ALAN C. JENSEN AS CITY ATTORNEY AND PROVIDING AN EFFECTIVE DATE.
This item was taken out of sequence and acted on earlier in the meeting.
AGENDA ITEM# 1A
FEBRUARY 10,2014
December 9, 2013 REGULAR COMMISSION MEETING Page 29
B. Resolution No. 13-20
A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING THE FIRM OF
KOPELOUSOS, BRADLEY AND GARRISON, P.A. AS INTERIM CITY ATTORNEY AND
PROVIDING AN EFFECTIVE DATE.
This item was taken out of sequence and acted on earlier in the meeting.
C. Resolution No. 13-17
A RESOLUTION OF THE CITY OF ATLANTIC BEACH TERMINATING THE APPOINTMENT
OF JAMES R. HANSON, AS CITY MANAGER AND PROVIDING AN EFFECTIVE DATE.
This item was taken out of sequence and acted on earlier in the meeting.
D. Resolution No. 13-18
A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING NELSON VANLIERE
AS INTERIM CITY MANAGER AND PROVIDING AN EFFECTIVE DATE.
This item was taken out of sequence and acted on earlier in the meeting.
7. Action on Ordinances
A. ORDINANCE NO. 20-13-126, Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC
BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING
SEPTEMBER 30,2014, AND PROVIDING AN EFFECTIVE DATE.
Nelson VanLiere explained the Ordinance was amended to add $1,200 for videotaping eight additional
meetings.
Mayor Woods read Ordinance No. 20-13-126 in its entirety.
Motion: Approve Ordinance No. 20-13-126.
Moved by Daugherty, Seconded by Mark
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
B. ORDINANCE NO. 90-13-220, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24
OF THE CODE OF ORDINANCES, LAND DEVELOPMENT REGULATIONS, ARTICLE III,
ZONING REGULATIONS, BY ADDING A NEW DIVISION 10, FLORIDA-FRIENDLY USE OF
FERTILIZER ON URBAN LANDSCAPES, AND PROVIDING AN EFFECTIVE DATE.
Mayor Woods read Ordinance No. 20-13-220 by title.
December 9, 2013 REGULAR COMMISSION MEETING
Motion: Approve Ordinance No. 90-13-220.
Moved by Daugherty, Seconded by Beckenbach
Mayor Woods gave a brief explanation of the Ordinance.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
8. Miscellaneous Business
AGENDA ITEM# 1A
FEBRUARY 10, 2014
Page 30
A. Crosswalk on Seminole Road at David Street (deferred from 10/28/13 Workshop).
This item was taken out of sequence and acted on earlier in the meeting.
B. Community Development Board recommendation on boats/trailers in front yards.
This item was taken out of sequence and acted on earlier in the meeting.
C. Request for a Waiver from City Code Section 19-7 Driveway Limitations to allow a Circular
Driveway on a Lot with Less Than 100 Foot Frontage.
Public Works Director Rick Carper explained the request for waiver stating the applicant will not exceed the
50% impervious limit on their lot.
Motion: Approve request for Waiver City Code Section 19-7 Driveway Limitations to allow a Circular
Driveway on a Lot with Less Than 100 Foot Frontage (344 Plaza Drive).
Moved by Daugherty, Seconded by Mark
Mr. Carper answered questions from the Commission.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
D. Mayor Pro-Tem Appointment.
Mayor Woods nominated Commissioner Mark Beckenbach to be the Mayor Pro-Tem.
Motion: Appoint Mark Becken bach as Mayor Pro-Tern.
Moved by Woods, Seconded by Mark
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
December 9, 2013 REGULAR COMMISSION MEETING
E. Board Member Review Committee Appointment.
AGENDA ITEM# 1A
FEBRUARY 10,2014
Page 31
Mayor Woods recommended that they appoint Commissioner Jimmy Hill to the Board Member Review
Committee.
Motion: Appoint Commissioner Jimmy Hill to Board Member Review Committee.
Moved by Woods, Seconded by Beckenbach
Commissioner Hill stated he wanted to make sure that no one else is interested in this before he accepts the
nomination. He stated if there is someone else who wants to take the position, he would rather them have it
because he is new. He stated if that is not the case he would be honored to take it and serve in that capacity.
Commissioner Daugherty stated he has been doing this for two years and believes they have a great team and
work well together and would be more than happy to remain doing it. Commissioner Hill withdrew his name
and moved to nominate Commissioner Jonathan Daugherty.
Motion: Reappoint Jonathan Daugherty to the Board Member Review Committee.
Moved by Hill, Seconded by Woods
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
F. Report on Activities of the North Florida Utility Coordination Group (NFUCG) and approval
to sign the Joint Defense/Common Interest Agreement.
Donna Kaluzniak summarized her staff report explaining the Joint Defense/Common Interest Agreement and
asked the Commission for permission to authorize the Mayor to sign the agreement. She answered questions
from the Commission.
Motion: Approve the North Florida Utility Coordination Group Joint Defense/Common Interest
Agreement and authorize the Mayor to sign the agreement.
Moved by Mark, seconded by Beckenbach
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
G. Marsh Multipurpose Path Design and Permitting RFP #14-03.
Mr. Carper stated staff evaluated seven proposals and his recommendation is that the Commission authorize
staff to conduct oral interviews with these two fi1ms this week and a recommendation will be made to the
Commission by Friday. He further stated staff requests they make this a special meeting item for December
16.
AGENDA ITEM# 1A
FEBRUARY 10, 2014
December 9, 2013 REGULAR COMMISSION MEETING Page 32
Motion: Authorize staff to conduct oral interviews with the two recommended firms this week and
present a recommendation to the Commission by Friday and make this a special meeting item for
December 16.
Moved by Daugherty, Seconded by Mark
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
9. City Manager
A. City Manager's Report.
None.
10. Reports and/or requests from City Commissioners and City Attorney
A. Human Rights Ordinance.
This item was taken out of sequence and acted on earlier in the meeting.
B. Discussion concerning AudioNisuall Logistical Issues at meeting locations throughout the
City.
Motion: Defer to the workshop on December 16,2013 and regular meeting on January 13,2014.
Moved by Daugherty, Seconded by Beckenbach
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
C. Videotaping meeting/additional budget.
This item was added to the budget amendment discussed earlier, therefore discussion of item was withdrawn.
D. Discussion on possible amendments to City Code Chapter 11 Noise to prohibit commercial
construction within a residential community on Sundays.
Motion: Defer to the workshop on December 16,2013 and regular meeting on January 13,2014.
Moved by Mark, Seconded by Daugherty
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
E. Discussion on possible amendments to City Code Chapter 11 Noise to prohibit commercial
lawn service companies before 9:00a.m. or after 7:00p.m. on Saturdays and Sundays.
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# 1A
FEBRUARY 10, 2014
Page33
Motion: Defer to the workshop on December 16, 2013 and regular meeting on January 13, 2014.
Moved by Mark, Seconded by Daugherty
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
Item 3A was taken out of sequence and acted on at this time.
3. Unfinished Business from Previous Meetings
A. City Manager's Follow-up Report.
Mr. Carper summarized the City Manager's report on the Salt Air Project. He explained the survey that was
sent to the residents in Salt Air.
Commissioner Daugherty
• Asked staff to prepare an RFP for a search firm for the City Manager. Mayor Woods stated between
now and then the Commission should all get with the City Manager and Human Resource Director to
discuss. This will be discussed at the January workshop for the February meeting. This will also be a
discussion item as a workshop only item for the December 16 workshop.
• Stated he disagrees with the actions taken tonight on the terminations of Alan Jensen and Jim Hanson
but will work with the Commission.
• Reminded everyone of the groundbreaking for Rose Park this Saturday at 10:00 and suggested
inviting Mayor Borno.
Commissioner Beckenbach
• In response to a citizen's request, he declared he was the Treasurer for Friends of Old Sherry
Wilderness Preserve before he was a Commissioner and that he and his wife donated money to them.
He stated when he was going to take office he resigned from the group and did not donate after that
time.
Commissioner Mark
• Referred to letter from Kathleen Bailey at Beaches Leader regarding a possible Sunshine violation and
asked that the Commissioners not send any emails directly to the Commission but send them rather to
Donna Bartle for distribution. She stated she hopes they would adopt a rule on how they deal with
emails.
• Stated for Commissioner Hill's benefit, unless there is an emergency, phones are kept off the dais.
Commissioner Beckenbach
• Stated, if Mr. Komando does become the representative for the attorney group as our City Attorney,
he was teaching Sunshine Laws and wants him to present these to the Commission as a group.
Commissioner Mark stated there is also new legislation that was passed in the State on continuing
education on ethics which may be something they should combine with the Sunshine Laws.
December 9, 2013 REGULAR COMMISSION MEETING
Commissioner Hill
AGENDA ITEM# I A
FEBRUARY 10,2014
Page 34
• Thanked everyone for helping him in the early stages and stated they should get together as a team
and move forward from here.
• Thank Commissioner Mark for her comment about cell phones and explained why he had his on at the
dais.
Mayor Woods
• Stated the Resolution sent to Jacksonville on annexation had a time period in it that was going to lapse
before they are able to get to it because of their meeting schedule so we need to amend that Resolution
for another 60 days. It was the consensus to add to the Special Meeting on Monday, December 16.
• Stated she hopes everybody is willing to move forward toward reconciliation and believes we did
great work here tonight moving through this. She stated they might even consider some team building
exercises with not only the Commission but upper level staff as well so we are all communicating
better. She stated there has been a long period of poor communication and she would like to see that
eradicated before we move into our strategic planning, etc.
Adjournment
There being no further business to come before the Commission, Mayor Woods declared the meeting
adjourned at 12:35 p.m.
ATTEST:
Donna L. Bartle, CMC
City Clerk
Carolyn Woods
Mayor/Presiding Officer
*A Workshop was held on November 25, 2013 for the purpose of discussing these items. Please refer to the
Workshop Minutes for the previous discussion.