Draft Min. 2-8-10MINUTES
REGULAR CITY COMMISSION MEETING
February 8, 2010
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor Mike Borno City Attorney Alan C. Jensen
Mayor Pro Tem John L. Fletcher City Manager Jim Hanson
Commissioner Jonathan Daugherty City Clerk Donna L. Bartle
Commissioner Paul Pazsons Recording Secretary Nancy E. Bailey
Commissioner Carolyn Woods
Call to Order/Pledge Mayor Borno called the meeting to order at 6:00 p.m. Commissioner Daugherty gave
the Invocation, followed by the Pledge of Allegiance to the Flag.
Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting of January
25, 2010.
Motion: Approve the minutes of the Regular Commission Meeting of Januarv 25,
2010, as written.
Moved by Parsons, Seconded by Daugherty.
Votes:
Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors.
Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience
and explained the process for public comments.
Steve Abrass, 2317 Barefoot Trace, addressed his opposition to the Commission
regarding the proposed fees at Adele Grage Cultural Center. He explained that his
men's group volunteers for various community events and meets at the Center for an
hour each week. He believed that if the proposed rate structure is utilized, it would
mean a cost of over $2,000 a year for his group to continue meeting there. He further
indicated that 5 of the 6 members are Atlantic Beach taxpayers. He requested the
Commission revisit the current plan and come up with a better structure that would
allow for weekly meetings to continue.
Mark Beckenbach, 2210 Oceanwalk Drive W., spoke in opposition to the agreement
between COAB and the Estates of Atlantic Beach, LLC. He indicated the agreement
allows the city to construct a force main along the eastern edge of the Estates property
in exchange for other considerations. A lazge number of Oceanwalk and Selva Marina
residents spoke against the agreement because of the demolition of the trees bordering
the Oceanwalk property and possible interference with the involved flood area. He
indicated that he expected more resistance from several members of the Commission
since they aze impacted as well. He reported, since that time, some issues as to the
ownership of the eastern border of the Estate property may be in question. He hoped
February 8, 2010 REGULAR COIV~MISSION MEETING Page 2
the Mayor, Commission and legal counsel are well aware of any question of ownership
and make certain the City is protected. At this time, he is cognizant that the City
Manager is in the process of preparing contract documents, not only for the sewer line,
but for the future road right-of--way. He requested that the City delay the tree removal
part of the contract. He explained that this is an irreversible action and once the trees
are gone, it will take at least three to four generations before a magnificent canopy will
again be enjoyed by citizens. The proposed directional drilling would allow installation
of the sewer line without removal of the trees. Furthermore, he again requested that the
City not destroy the trees at this time, and instead, remove the trees when the
developer is ready to develop the property. The agreement, as signed, does not seem
to provide a timetable for tree removal. Furthermore, does it state that the City must
actually remove the trees? It seems to state that the City must pay for the mitigation of
the trees, but is it required that the City actually remove the trees. Why does the City
have to play the bad guy with members of the citizenry and remove trees if the
agreement is silent about the specifics of the tree removal. He indicated, those of us
directly impacted by this agreement, ask the Commission to put themselves in their
position. Wouldn't you want to save the trees adjacent to your property for as long as
you could? Don't you, as our elected representatives, have some responsibility to help
us preserve our quality of life in this community? He respectfully requested that the
Commission seek any legal means to preserve the trees for as long as possible, at least
until the development becomes a reality.
Lyman Fletcher, 804 East Coast Drive, addressed the Commission regarding
expanded parking at Adele Grage/Bull Park, stating he would encourage the
Commission not to do this. He has not noticed any serious problem with the parking.
He agreed it builds up sometimes, but people find a way to park. He does not want to
invade on the Park space for automobiles.
Cindy Corey, 394 8t6 Street, addressed the concept of expanded parking at Bull Park,
stating she is opposed. She explained some background of when she chaired the Bull
Park subcommittee. She indicated they looked at the Park in great detail and the
Commission did make the decision to invest and renovate Bull Park which has enjoyed
a lot of use and has been really beneficial to the community. She explained they also
talked about parking a iot and although we see times when the parking is completely
utilized there, we feel like the preservation of green space and maintaining the ethic of
the pedestrian-friendly community is really important and she would hate to see that
downgraded in any way or parking increase. She explained the need for additional
parking areas is very infrequent and that people park on nearby streets which seem to
be sufficient off-street parking. She urged the Commission to not make any additional
hardscape surfaces there at the park.
Mayor Borno stated he was the one who asked for a recommendation from staff to see
if we could have an idea of what possibly could be envisioned. He indicated that no
decision will be made tonight, but that, depending on how it gets revisited in the
future, we will keep everybody informed.
No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor
to Visitors.
February 8, 2010 REGULAR COMMISSION MEETING Page 3
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous A. City Manager's Follow-up Report.
Meeting
Mr. Hanson stated in recent weeks a lot of ill will has been expressed about the City,
specifically the sewer line project on the west side of Oceanwalk. He addressed
several of these issues that have come up recently, including the new TMDL
regulations. He explained the background of how they came to the decision to
consolidate the two wastewater plants by abandoning the Buccaneer wastewater plant
and upgrading the other, which required a new sewer line to pump the sewage from the
plant being abandoned to the new plant being upgraded. He stated our consultants
recommended the least expensive choice and also they pointed out that costs for
construction were down substantially because of the economy. We were informed that
we could expect to get about a 24% savings in the cost for pipeline related work
because a lot of these contractors had very little business now. He explained the entire
process, from meeting with the consultants, bringing this before the Commission,
deciding upon the route for the sewer line drilling, to the process for getting the
required easements from the properties west of the Oceanwalk (Estates of Atlantic
Beach and Fleet Landing). He further admitted he should have better informed the
residents in west Oceanwalk who would be affected by this sewer line drilling but
stated the City is not trying to hide anything. He stated this has been a public project
that has been discussed publically in many meetings, including this route. He
elaborated further on each route proposed and stated the Commission voted on the
original route going through the west of Oceanwalk. He also explained what the
easements included. He noted if anyone wanted an update on the status at any time
they should call him.
Consent Agenda 4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY
ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO
SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED,
THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL
BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND
STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO
THE CITY COMMISSION ON THESE ITEMS.
A. Acknowledge receipt of the Monthly Public Works and Utility Department
Status Report and List of New Businesses for January 2010.
B. Extend the contract with Tom's Asphalt Repairs, Inc. for Asphalt Repairs for
the Public Works/Utilities Department for one year at current prices and
authorize City Manager to sign related paperwork.
C. Approve the Local 630 Blue Collar union contract for the period October 1,
2009 through September 30, 2012.
D. Approve the PBA Police union contract for the period October 1, 2009 through
September 30, 2012.
E. Authorize the Mayor to sign the related paperwork for the application and the
subsequent paperwork related to the JAG grant. In addition, authorize Michael
D. Classey to submit the application on line and have the authorization to
electronically sign the on-line application on behalf of the Mayor and the City.
February 8.2010 REGULAR COMMISSION MEETING Page 4
Mayor Borno read the Consent Agenda.
Motion:. Approve Consent Agenda Item A, B, C. D, and E as read
Moved by Parsons, seconded by Fletcher.
Votes:
Aye: S -Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Committee Reports S. Committee Reports
None.
Action on Resolutions 6. Action on Resolutions
None.
Action on Ordinances 7. Action on Ordinances
Ordinance No. 20-10-101, Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,
2009 AND ENDING SEPTEMBER 30, 2010.
Mayor Borno read Ordinance No. 20-10-101 by title.
Motion: Approve Ordinance No. 20-10-101, as read.
Moved by Fletcher, seconded by Parsons.
Mayor Borno opened the Public Hearing.
No one from the audience spoke so the Mayor closed the Public Hearing.
Mayor Borno explained the ordinance relates to Community Development
Block Grant Funds. He indicated that the city had money left over last year so
this will allow that to be carried over to this year's budget.
Votes:
Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
B. Ordinance No. 95-10-100, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 5 OF THE CODE OF ORDINANCES, BEACHES AND PARKS,
ARTICLE III, PUBLIC PARKS, SEC. 5-32, USER FEES FOR PARKS AND
RECREATION FACILITIES, PROVIDING A NEW FEE SCHEDULE FOR RENTING
THE ADELE GRAGE CULTURAL CENTER, AND PROVIDING AN EFFECTIVE
DATE.
February 8.2010 REGULAR COMMISSION MEETING Page 5
Mayor Borno read Ordinance No. 95-10-100 by title.
Motion: Aonrove Ordinance No. 95-10-100. as read.
Moved by Fletcher, seconded by Woods.
Mayor Borno opened the Public Hearing. No one from the audience spoke; however, it
was pointed out that Mr. Abrass addressed his concerns about the Ordinance earlier
during Courtesy of the Floor to Visitors. The Mayor closed the Public Hearing.
Assistant City Manager David Thompson explained the background of the decision to
increase the fees including the issues for non-profits and suggested solutions.
Commissioner Woods asked how often and for how long do the non-profits usually
meet. Mr. Thompson stated the grand total of non-prafts with repetitive use of more
than six times a year is five and, of those, most are there for one hour. He stated
occasionally, the same groups may have an additional meeting or event that may last
longer.
Further suggestions were made. The Mayor suggested that the Commission should
consider voting down what is being presented tonight so that it can be studied and
brought back as a new ordinance at a later time.
Commissioner Parsons agreed with Mayor Borno. He further would like to come to an
agreement with the not-for-profits to charge them per event. He also wants to add a
clause that states the City will keep 50% of deposits from people who do not show.
Commissioner Fletcher stated the issue is we have a facility that is over utilized and
undercharged for. He supports withdrawing this ordinance until staff can work on it
based on the Commission's input.
Commissioner Fletcher withdrew his Motion and Cammissioner Woods withdrew her
Second.
Commissioner Daugherty asked Mr. Abrass if there was any reason they could not
have their meetings at either the Donner or Jordan Centers. Mr. Abrass stated it was
more a matter of convenience because most of the members live near Adele Grage.
Motion: Defer indefinitely.
Moved by Fletcher, Seconded by Daugherty
Votes:
Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Mayor Borno asked the Commissioners to give their ideas/changes to the City
Manager.
February 8.2010 REGULAR COMMISSION MEETING Page 6
C. Ordinance No. 95-10-101, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,
STATE OF FLORIDA, AMENDING ARTICLE III, WITHIN CHAPTER 23 OF THE
CODE OF ORDINANCES, SAID CHAPTER ENTITLED "PROTECTION OF
TREES AND NATIVE VEGETATION" AND REPLACING IT WITH THE
AMENDED ARTICLE III AS SET FORTH WITHIN EXHIBIT A, WHICH IS
ATTACHED TO AND MADE PART OF THIS ORDINANCE; SAID
AMENDMENTS REVISING PROCEDURAL REQUIREMENTS FOR THE
ISSUANCE OF A TREE REMOVAL PERMIT, ALSO PROVIDING LEGISLATIVE
FINDINGS AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE
DATE.
Mayor Borno read Ordinance No. 95-10-101 by title.
Motion: Approve Ordinance No. 95-10-101, as read.
Moved by Woods, seconded by Fletcher.
Sonya Doerr summarized her staff report, explaining that with the approval of this
Ordinance the Tree Conservation Board would also be eliminated. The functions of
the Tree Board would now be placed with the Tree Administrator. Commissioner
Fletcher asked where will appeals be heard. Ms. Doerr stated the appeals come to the
Commission like any other appeal, violation, etc. A short discussion ensued.
Commissioner Daugherty asked who the Administrator was. Ms. Doerr stated that was
Erika Hall.
Votes:
Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Miscellaneous 8. Miscellaneous Business
Business
A. Request to approve proposed projects for Fiscal Year 2010-2011 Community
Development Block Grant (CDBG) application.
Mr. Hanson explained due to a technical issue, it was recommended this item be pulled
to allow staff more time to work on that item.
Motion: Defer until staff has ironed out the compUcations and bring back
to the Commission.
Moved by Woods, Seconded by Fletcher.
Votes:
Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
February 8, 2010 REGULAR COMMISSION MEETING Page 7
B. Recommendation for Design, Engineering, and Permitting for
Boazdwalk Extension at Tide Views Preserve.
Mr. Thompson summarized his staff report and explained Florida Inland Navigation
has approved this project for 50% of the funding. Mr. Thompson stated they are
coming before the Commission for Phase I -Design, Engineering and Permitting so
they can select a firm from the top three. Discussion ensued, with Mr. Thompson
stating the next step will be to sit down with the number one ranked firm to discuss the
scope of services and price. He stated if they believe the price from number one is too
high, then they will negotiate with the number two firm. After being questioned by
Commissioner Woods, Mr. Thompson further explained in detail how the process
works. Commissioner Daugherty asked if they have any concepts of the project yet.
Mr. Thompson explained the proposed designs and variations.
Motion: Approve staff recommendation in the order as outlined in staff resort.
Moved by Fletcher, seconded by Woods.
Votes:
Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
C National Marathon to Fight Breast Cancer -February 21, 2010.
Mr. Hanson explained this will be the third annual marathon to fight Breast Cancer.
He stated the course will be the same this yeaz and is attached to the staff report as well
as posted on the web. He stated the number of entrants is up from previous yeazs and
is estimated to be 8,500 - 10,000, although most of those will only run the half
marathon course which does not enter Atlantic Beach. He stated they expect
approximately 2,500 will sign up for the full marathon.
D. Energy Grant Application.
Mr. Hanson stated this is the first public notification of another new grant we have for
$103,400. He explained this is an energy grant through the City of Jacksonville.
Mr. Thompson explained the grant application, stating the application deadline is this
Friday. He stated he was coming to the Commission for their authorization to have the
Mayor sign off on the application, stating there is no matching money required.
Motion: Authorize staff to apply for funding not to exceed $250,000 under this
grant program and authorize the Mayor to sign all application forms and
subsequent paperwork for grant administration.
Moved by Fletcher, seconded by Woods.
Commissioner Daugherty stated he believes the City should set an example for its
residents regarding using alternative energy and anything we can do in this area, he
totally supports.
February 8.2010 REGULAR COMMISSION MEETING Pace 8
Votes:
Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
E. Approval of Tree Planting List for FY 2009/2010.
Rick Carper stated this is an annual program. The annual goal for this yeaz is to plant
1 SO trees for canopy restoration preservation in the City. Mr. Carper further explained
the program.
Motion: Anurove fund use for the annual tree alantina program.
Moved by Woods, seconded by Fletcher.
Commissioner Daugherty suggested it might be a good use to put trees at the proposed
new dog pazk to serve as a buffer between the businesses and the pazk. Mr. Carper
stated the dog pazk will be a site for trees.
Mayor Borno stated, since he is the head of the landscape committee for Oceanwalk
and he intends to consult with the landscaper and possibly put in an application, should
he recuse himself from voting for these funds. City Attorney Jensen stated no.
Votes:
Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
F. Request to Evaluate Additional Parking for Adele Grage Cultural Center and Bull
Park.
Mr. Carper explained the proposals for additional pazking at Adele Grage including a
slide show. He stated staff believes parking is adequate in the azea, but this report was
done at the Commission's recommendation.
After further discussion from the Commission, it was the consensus of the Commission
to do nothing. Commissioner Woods suggested something be included with ABET
tickets that would tell people where they can pazk. Mr. Hanson stated a map has been
provided to ABET several times showing where the available parking is.
City Manager 9. City Manager
A. City Manager's Report
None.
Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
City Commissioners
City Attorney A. Creation of Investment Policy Ad Hoc Committee.
February 8.2010 REGULAR COMMISSION MEETING Pace 9
Mayor Borno explained some changes that were made and stated Mr. Hanson gave the
revised copy to each Commissioner. He stated the three members appointed to the Ad
Hoc Committee are Bob Sternfeld, as Chairman, John Wolfel and Alan Gleit.
City Attorney Jensen
• Clarified that statements made in an email by Commissioner Woods were not
correct. He stated there was some false information provided to the press
through emails circulated among Commissioners. He stated he respects anyone
who serves as a Commissioner but believes it important that they all know
what their roles and functions aze. He stated he was not getting personal, he
just wanted to make sure things aze cleaz. He stated there were a couple of
emails circulated and wanted to make sure he cited them accurately so there are
no misquotes. He stated Commissioner Woods wrote in an email that the way
the City has been conducting business is, indeed, in conflict with State statutes.
He stated he assumes she is referring to the meetings the City Manager has
with the individual Commissioners, which is not in conflict with State statute.
He stated it is specifically allowed, by the Attorney General's opinion that he
had provided even before he received Commissioner Woods' email. He stated
although the Commissioners do not have to participate in those meetings with
the City Manager if they don't want to, it is not in conflict with State statutes.
He further stated Commissioner Woods then referenced the agreement with the
Estates of Atlantic Beach, requesting that all agreements and leases adopted in
September should be considered null and void and all actions related to those
agreements should be halted until we receive a ruling from the Attorney
General's Office on their validity. Mr. Jensen stated we are a party to an
agreement; we cannot unilaterally cancel or declaze that agreement null and
void. He stated the contract was signed, those easements were signed, the
restrictive covenants that they agreed to provide were signed and the easements
and restrictive covenants have been recorded in the official records of Duval
County. He stated that was done after this Commission approved the
agreement, easement and restrictive covenants. He stated, based on his
experience in getting opinions from the Attorney's General's office, he does
not believe they are ever going to issue an opinion as to whether a contract that
we have entered into is valid or not; that is not what they do. He stated that
agreement, those easements and restrictive covenants are valid and properly
authorized by this Commission. He stated he does not have a problem with
Commissioner Woods requesting the Attorney General's opinion, but if she
wants to do so, she needs to provide in writing what specifically she wants an
opinion on so the Commission can all have it ahead of time and make it an
agenda item at a future Commission meeting so it can be discussed and voted
on as to whether they want to submit a request for an opinion. He stated
Commissioner Woods also wrote in the email of January 31 that the
negotiations with the owners of the Estates was in cleaz violation of Sec.
286.011 FL Statutes because she did not know about the negotiations, she
didn't participate in the negotiations, and they were held in private. Mr. Jensen
stated that is just absolutely not correct. He stated those negotiations were all
done legally and lawfully. He stated, as a general rule, Commissioners do not
negotiate contracts with anyone. The Commission sets the policy but does not
manage or micromanage the City. He stated there was no delegation of any
February 8, 2010 REGULAR COMMISSION MEETING Pace 10
authority to the City Manager or anyone else in negotiating terms of a proposed
agreement. Mr. Hanson was doing his job that had been directed by this
Commission. Mr. Jensen stated he participated a lot in the preparation and
discussions with the owners of the Estates and their attorney in putting the
agreement, easements and restrictive covenants together, which is something
he does all the time. He further stated Commissioner Woods cited several
cases in the first email from the Attorney General's website that refers to either
elected officials or appointed board members, i.e. people subject to the
Sunshine Law. He gave an example; if the Commission asked Commissioner
Woods to meet with the engineer selected and negotiate a contract, and
delegated her that authority, then those meetings have to be in public because
she is subject to the Sunshine Law. He explained that the City Manager, City
Attorney, Rick Carper, David Thompson negotiated contracts all the time but
nothing is ever approved until the City Commission votes on it. He stated he
does not really understand, in the discussion with the Estates, what she wants to
try to accomplish. He stated there was a 3-1 vote because John Meserve
recused himself for the vote due to his association with Fleet Landing and
Commissioner Woods was the sole vote in opposition. He stated he doesn't
understand whether she is trying to stop a lawfully entered into contract that the
City has already executed or not. He stated he does understand that some of
the people in Oceanwalk don't want their neighbors to take down trees because
they enjoy the trees and wildlife. He stated he understands Mr. Beckenbach's
position. Mr. Jensen stated the first house he built was north of 19a' Street in
Atlantic Beach and they had all kinds of trees to the north of them. He stated
then there was a proposal, that he opposed, to go in and take tons of those trees
out, which happened and created Oceanwalk.
Mr. Jensen further referenced a second email which was in response to an
email he had sent Commissioner Woods where she stated there are many in our
community who have concerns about the way City business is conducted. He
stated he did not know who she was talking about, stating he has not heard
anything nor has he been told by anybody else. He stated she indicated that
was heightened by the indictment of John Meserve and the allegations, he
assumed she meant Don Wolfson. He stated first, John Meserve was not
indicted, that would take a grand jury and a group vote to indict him. He was
charged on direct information from the State Attorney's office, which is one
person's decision. Secondly, he stated he does not know how their conduct
with the Mayport Waterfront Partnership and the purchase and sale of property
by Vestcor Properties, all in Mayport, has anything to do with conducting the
business in the City of Atlantic Beach. He stated she also wrote in that email
that because Commissioner Borno was the president of Oceanwalk
Homeowners Association at the time, he was clearly in a conflicting role
because they discussed and recommended that the sewer line go through their
streets. He asked Commissioner Woods if she was aware Commissioner Borno
took action to avoid that conflicting role. He stated when that issue came in
front of the homeowners association he left the meeting and did not participate,
so there was no conflicting role for Commissioner Borno at that time. He
stated she further stated that the decision to enter into negotiations with Mr.
Sones and to use his property route for the sewer line was a policy decision,
February 8.2010 REGULAR COMMISSION MEETING Page 11
which is absolutely correct. That was a decision made by this Commission and
the negotiations with Mr. Sones were based on that decision. He stated
Commissioner Woods referenced that it was acted upon behind closed doors,
which he assumes she is referring to Mr. Hanson's negotiations with Mr. Sones
or others representing the Estates. Mr. Jensen stated Mr. Hanson did not act on
anything; there was no action taken behind closed doors whatsoever. He stated
everything was done legally and lawfully and all the decisions were made by
the City Commission in regards to the Sones property, none by the City
Manager or anyone else on the City's staff. He stated there was no authority
delegated to Mr. Hanson and those allegations are totally unfounded. In a
related situation, Mr. Jensen stated he has received the copies of the contact
Commissioner Woods has had with the Water Management District regarding
Old Sherry Drive and the permit for the roads to the Estates. He stated the
problem he has with that is that she contacted them as Carolyn Woods, Atlantic
Beach City Commissioner, and used her Atlantic Beach email address. He
stated she is not representing the City in that request; that is her own personal
request, which she is entitled to make. He stated she was not acting on behalf
of the City. He stated when they received a letter requested by an Atlantic
Beach City Commissioner, they more than likely assume she is acting on
behalf of the City. He stated she has not been authorized by the City to have
that contact on behalf of the City. He stated she can certainly do that as a
private citizen and he believes it would be appropriate for her to contact them
again and clarify that with them. He stated there are appropriate ways to
conduct business up here. Mr. Hanson has a job to do, the City Attorney has a
job to do, and the Commission has a job to do, which is setting policy. He
stated there are discussions the Commission has to have on the actions of the
City and they have to obtain authorization of the City to represent themselves
to other agencies. He stated the Commissioners are part of a team and have to
work together, they can't go off by themselves doing things independently. He
stated that is not appropriate, and if he was a Commissioner he would be
offended by that. He stated we all need to support and respect all the decisions
made by this Commission even if she is the only one who voted the other way.
He stated the emails back and forth has gotten a little out of hand and as you
know those go out to the public and get in the press. He stated there was a lot
of incorrect information in the emails she sent out and he believed it was his
obligation to make sure they were correct on the record. He stated she did state
in her email, "since I feel that my opinion on the validity of those agreements,
easements and the restrictive covenants that I shouldn't have any objection to
seeking an Attorney General's opinion". Mr. Jensen stated he has absolutely
no objection if that is what the Commission wants to do. He stated
Commissioner Woods should keep in mind that he felt compelled he had to
discuss this with her and he assumes it is coming up again since she is going to
make a request for an opinion from the Attorney General. He suggested, if she
does that, the Commission needs to know what specifically she wants to ask
them so they can review it, discuss it and then decide what they want to do.
Mayor Borno stated he pulled the minutes from the Oceanwalk Board of
Directors meeting on September 9, 2009 and under new business it states, Mike
Borno reviewed the situation regarding the location of the wastewater line.
February 8.2010 REGULAR COMMISSION MEETING Pale 12
The chart of locations, opinions and costs were discussed. At 7:15 p.m. Mike
turned over the meeting to the Vice President, Lee Leibecki, excused himself
and left the building. After some discussion, Laura asked the guests what we
as board members were to do and the guests there were Art and Debbie
Corsano, Mark and Jackie Beckenbach, Mark Tomaski and Trevor Richter.
The Board voted 8-0 with one member absent, himself, to present the following
resolution to the City of Atlantic Beach Commission. The Board of Directors
of Oceanwalk Association, in order to preserve the tree canopy of the City of
Atlantic Beach, supports routing the proposed wastewater pipe through the
streets of Oceanwalk utilizing Inland Way and Oceanwalk Drive West. Lee
Leibecki will attend a meeting on Monday, September 14, and present the
resolution. Mayor Borno stated he had not seen that resolution until Mr.
Leibecki handed it to him that night. He stated he wanted to clarify any
misconceptions about what he was doing at the time.
Commissioner Daugherty
• Stated he was not on the Commission at the time, but understands we have a
legally binding contract and has absolutely no doubt that it is something we are
held to. He stated if he was on the Commission at that time, it would probably
have been a 2-2 vote because he supported the Oceanwalk option. He stated,
while he was still campaigning, he walked the property in question with
Commissioner Woods and there is one area that is 10-20 feet from someone's
backdoor. He stated if he had those trees and owls in his backyard, he probably
would have raised a lot bigger fuss than those people had at the time. He
stated, however, we have a legal contract and he would like to ask the City
Manager that we delay as long as we can cutting down any trees that we have
to. He also stated if there is anything we can possibly do to save trees, which
are valuable assets to our environment, he would like for the City to proceed
with those options.
• Regarding Item 4B, even though they are not required to renew the contract at
current rates, they are doing it very happily because it's work. He stated he
doesn't want to be the bad guy that goes back to a contractor and says let's do
it for less, but we are spending the citizen's money here. He would like to see
the City be a bit more aggressive in the renewal of the contracts, because any
dollar we can save the citizens he would like to do so. He stated we should
take advantage of the current construction environment, which is why we need
to push all these projects ahead. He stated he would like to see more emphasis
put on renegotiating contracts and saving some money for our citizens.
• Regarding personal briefings, he suggested he go through the agenda and email
any questions to Mr. Hanson, who can get back to him on those. He stated his
intention was not to challenge personal briefings, but it became something that
was brought up. After researching this, he asked some representatives at the
Florida League of Cities conference he attended, and they told him that was
common practice and there was actually some case law that supported them
being legal briefings. He stated if the City Manager is meeting and repeating
the same conversation with all five Commissioners, that is a good amount of
time. He stated Mr. Hanson is the City's most valuable employee, he costs us
the most money and he is the most responsible. He stated, personally, he
would like to ask Mr. Hanson to provide the background information in the
February 8.2010 REGULAR COMMISSIQN MEETING Page 13
reports and any other relative information which he can get on Wednesday and
then by Thursday or Friday he can have some good questions for him. He said
he will send him questions by email and make it public record and obey the
Sunshine Law. He encouraged the other Commissioners, in respect for the
amount of time Mr. Hanson has, to also do something like this.
Commissioner Parsons
• Stated he has asked all Commissioners to send emails only to his City
email.
Commissioner Fletcher
• Stated his meetings with City Manager are highly productive and very
necessary and he is not going to change his meetings.
• Asked that Commissioner Woods clarify with the Water Management District
that this is not between the City of Atlantic Beach and that permit. He stated
he does not want to be a party to a tortuous interference claim if somehow that
developer gets damaged in this process. He further stated emails should be to
her private email address and asked that she please not do this on behalf of the
City of Atlantic Beach. He asked her to go out of her way to make sure there is
no misunderstanding on that. Regarding delaying the project, he asked the City
Manager to do everything he has to do to fulfill the terms of a legally binding
agreement that we voted on and signed. He stated all of the required
documents from the developer have been executed and recorded in the Duval
County record and we are obligated to fulfill that contract. He stated he
believes it is very important that we live up to that obligation.
Commissioner Woods
• Stated she was at a disadvantage and if she had know Mr. Jensen was going to
go point by point on his discussion she would have been better prepared. She
can't specifically answer any comments he made but would say that it is a
shame he doesn't realize how the investigations concerning our two past
mayors have affected the confidence that our citizens have in our government.
She stated if he hasn't heard anything about it, and no one else up here has
heard anything about it, maybe they are a little insulated. She stated because
there are questions about their relationship with each other and obviously there
will be leaps of what else were they doing and whether justified or not that's
the way these things go.
• Believes Amendment 4, the home town rule, will hurt City Government a lot.
But she believes because of things like the issue with John Meserve it is going
to pass because people just don't understand how something like that project
can get passed.
• Regarding her contacting the St. Johns River Management District she stated
she believes it is within her rights to do fact finding on any issue that is before
the Board and has the legal right to contact any agency or individual and ask
the questions she wants to ask representing herself as a commissioner. She
stated that came straight from the Attorney General's office. She appreciates
everyone's feelings about this matter and she appreciates the seriousness of the
contract and stated they will just have to see what happens. She stated she
plans on coming back to the Commission with something in writing to see if
February 8.2010 REGULAR COMMISSION MEETING Page 14
they want to take it to the Attorney General and get the opinion. She stated she
appreciates everyone's efforts up here and knows they are all doing what they
believe is the best for Atlantic Beach. She stated law is open to a lot of
interpretation and believes that it is good we are having this discussion in
public and believes in the end it will build confidence that we are not trying to
hide anything from the public and are working on their behalf.
Mayor Borno
• Stated he does not believe any of the Commission has the individual right to
use their title to do research. They can do research as individuals and although
Commissioner Woods does not agree with the City Attorney, they will leave
that lie until she brings back to the Commission what it is she is going to bring
back.
• He and Commissioner Woods attended the Douglas Anderson School of the
Arts Extravaganza. last Saturday night and stated that presentation was better
than a lot of Broadway productions he has attended. He stated he will write a
letter to the principal to that effect.
• Reported on the four Chaplains memorial event he attended, at the request of
the District 5 American Legion president.
• Strategic Planning will be this Wednesday and Thursday night.
• Thanked Public Works staff for distributing the notices to Royal Palms.
• Stated regarding doing business in the open, he does not know of anyone who
has ever sat up here who has not done their work in the open. He stated they
do have briefings with the City Manager whenever they feel it necessary. He
stated it seems like everybody is against government now. He asked if they
ever thought what that is doing to this nation. It is no wonder people don't
want to step up to be elected officials. He stated he resents any more issues
that insinuate that.
• Reported on the meeting he, the City Manager and Captain Bowman had
regarding the arrival of the aircraft carrier and what needs to be done to
prepare.
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:30
p.m.
Mike Borno, Mayor/Presiding Officer
ATTEST:
Donna L. Bartle, CMC
City Clerk