Draft Min 2-22-10MINUTES
REGULAR CITY COMMISSION MEETING
February 22, 2010
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor Mike Borno City Attorney Alan C. Jensen
Mayor Pro Tem John L. Fletcher City Manager Jim Hanson
Commissioner Jonathan Daugherty City Clerk Donna L. Bartle
Commissioner Paul Parsons Recording Secretary Nancy E. Bailey
Commissioner Carolyn Woods
Call to Order/Pledge Mayor Borno called the meeting to order at 6:00 p.m. Commissioner Parsons 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 February
8, 2010.
Motion: Auurove the minutes of the Regular Commission Meeting of February 8.
2010, as written. '
Moved by Woods, Seconded by Fletcher.
Commissioner Woods requested, for the purpose of clarification, an amended motion
to include the email sent to Mr. Jensen, and the corresponding comments made by
Mayor Borno, Commissioner Daugherty and Commissioner Fletcher to her as
attachments to the minutes. Commissioner Fletcher disagreed, stating that email was
not present and cannot be incorporated retrospectively into the minutes. He asked City
Attorney Jensen how to technically achieve what Commissioner Woods wants to
achieve. Mr. Jensen stated to only include that email would be one sided because there
was a response email from him and a subsequent email from Commissioner Woods
dated February 2. He stated all of those were referenced in his comments.
Commissioner Woods stated she would like to amend her motion to include all of the
emails. Mr. Jensen stated a more appropriate motion would be to attach the emails as
referenced in his comments and not amend the minutes. Commissioner Woods agreed
to this change and a vote was taken to approve the minutes.
Votes:
Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
An additional vote was taken to approve the minutes with the stated attachments
(Commissioner Woods' email of January 31, 2010 to City Attorney Alan Jensen etal,
Mr. Jensen's reply to Commissioner Woods, and a subsequent email from
Commissioner Woods dated February 2, 2010.)
Motion: Anurove minutes with attr achments.
Moved by Fletcher, Seconded by Parsons.
February 22, 2010 REGULAR COMMISSIO,_N MEETING pace 2
Votes:
Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors.
A. Audit Report by Ron Whitesides, Purvis Gray and Company.
Mayor Borno introduced Mr. Ron Whitesides of Purvis Gray and Company who
introduced Clint Boone stating he was in charge of the audit for the past couple of
years. Mr. Whitesides stated the opinion on this audit was unqualified, which means it
is a clean opinion with no reservations or qualifications. He stated that is the highest
type of opinion they can render as a result of an audit engagement. Mr. Whitesides
summarized the audit report explaining in detail the financial statements, pension trust
funds and other postemployment benefits. He further stated our Finance Department
does a very good job and our controls are very solid. Mr. Whitesides answered several
questions from Commissioner Fletcher regarding the implicit rate subsidy and the
positive return in the pension fund assets, and the liability for TMDL issue. Mr.
Whitesides explained this is their final year under contract with the City and stated they
have enjoyed being a service to the City.
Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience
and explained the process for public comments.
Michael Aston, 1523 Summer Sands Drive, Neptune Beach spoke in opposition to
Resolution No. 10-02 against Amendment 4. He requested the Commission not adopt
the Resolution and trust the citizens who elected them to use the same intelligence
when they vote on this issue.
Sally Clemens, 1638 Park Terrace West, addressed the Commission regazding
Resolution No. 10-02. She stated Amendment 4 is the last chance for citizens to
express their wills as to their wants for their neighborhoods. She stated this resolution
seems to be definitely against Amendment 4. She stated if they pass this resolution the
elected officials are not listening to the citizens. She recommended Resolution No. 10-
02 be taken off tonight's agenda.
Cindy Corey, 394 8th Street, expressed her thanks for the hollies and elms that were
planted on Sherry Drive. She further addressed Resolution No. 10-02, stating she
urged the Commission to vote no or remove it from the agenda. She stated she
believes the Resolution misrepresents the issue and could sway people from looking
further and does a disservice to the political process. She also stated she believes it
was better when citizens could have a public forum during the time issues were slated
on the agenda and believes the 6:00 meetings prevent public participation. She urged
the City to be transparent in their meetings and make it easier for citizens to make their
comments and consider the value of their input in the community's decisions going
forward.
Februarv 22. ZO10 REGULAR COMMISSION MEETING Page 3
Steve Fouraker, 387 6th Street, addressed the Commission regarding Resolution No.
10-02, stating it is an affront to all who oppose unbridled growth in Florida. He stated
this Commission has no business telling citizens how to vote on this issue, particularly
with such a misleading resolution. He stated he doesn't care how each Commissioner
votes personally on this initiative, but requested they not put his city's name on this
misleading directive.
Bishop Percy Golden, 12201 Cedar Trace Drive S., addressed the Commission
regazding the festival, Gospel in the Park, at Jordan Park. He explained the festival,
stating he was here tonight to ask for special permission to sell food items in the pazk
so it would be near the entertainers and stage. He also asked if the Commission could
help with the festival by providing the stage and not chazging for their use of Jordan
Pazk during the festival.
Maria Mark, 1148 Linkside Drive, addressed the Commission regarding the
Resolution No. 10-02 opposing Amendment 4, stating she was shocked and strongly
opposed to the Commission signing a resolution concerning an issue that will be on the
ballot for the voters of Florida in November. She stated she believes it is out of line
and in direct conflict with Florida Statute 106.113. She further stated she does not
believe it is appropriate for the Commission to pass something that speaks for the
entire community of Atlantic Beach.
Brea Paul, 330 Sargo Road, addressed the Commission regarding Item 7A,
Ordinance 95-10-101, asking that the Tree Board not be dissolved. She stated without
the Tree Board, the city's staff will be the only ones to conserve, protect and issue
permits for our tree canopy.
Don Rhodes, 810 Hibiscus Street, addressed the Commission regarding the animal
control, trash and traffic ordinances and asked how he can have Commissioner
Daugherty come into compliance with these laws.
Mary Smith, 314 B 8th Street, spoke in opposition to Resolution 10-02 stating it is a
mistake to endorse the opposition of Amendment 4.
Mark Tomaski, 448 Snapping Turtle Court W., (verbatim per request of Mayor
Borno) This is my third visit here. As you might guess, I'm here for the same issue,
still talking about trees and wetland. I give you some information that was provided
by one of our attorneys and I would like you to take some time to read it over. There
aze some comments in there. There's 2A that addresses the Estates of Atlantic Beach
easement agreement that states in there that there is no obligation to remove trees and I
think the operative word there is "obligation". If anything the wording is to actually
avoid removing trees. There are two sections in there that our attorney refers to and I
would like you to review those, if you would, please. And, in conclusion on that
opinion there also states that removal of trees may be in violation, actually is in
violation, of the agreement. That's one part of what I would like to talk about today.
That's the first opinion. Our attorneys also have another opinion and I will be bringing
that back in either within the week or two that the Estates of Atlantic Beach has no
clear title to the property that is in that agreement. There has been extensive seazch
done by a reputable title company and they have given us a verbal report that states
February 22.2010 REGUI~R COMMISSION MEETING Page 4
that there is no clear chain of title. The contract, therefore, is invalid and not binding.
In essence, the Estates of Atlantic Beach has no ability to give you an agreement if
they don't own the property outright. Tonight I come to you and ask that you consider
a resolution to direct the City Manager to cease all activities on that property, to stop
spending taxpayer money which has already been spent and, after listening to our
auditor this evening, I think the money might be better spent in our pension fund.
There's no time limit on that agreement. Therefore, that puts the City at no risk. I
think it is time to step back for a few moments, take a look at that property once again
and, hopefully, I won't have to be back here again. Thank you very much.
Diana Townsend, 266 Poinsettia St., asked the Commission to withdraw their
opposition to Amendment 4.
Owen Ganzel, 266 Poinsettia St., stated it is a difficult thing to take the vote out of
the hands of the voter. He stated we own the vote. He stated although Florida
wouldn't be here without developers, developers are colliding with history and it's that
collision that must be looked at. He urged the Commission to reconsider taking away
the vote from the voters. He stated they should let the people decide what their
community is going to look like today, tomorrow, or 10 years from now.
Dan Turner, 2553 SR AlA, spoke in favor of Hometown Democracy, stating he is
standing up for the fishermen in Mayport Village. He stated each of the Commission
took an oath of office to work for the voters and they trusted them. He stated he was
opposed to the resolution because most of the voters want the Hometown Democracy
to control the growth which is getting out of control and they have to somehow stop it.
Janet Stanko, 13953 Athens Drive, Jacksonville, stated she was a campaign
organizer for the Amendment 4 campaign and a Sierra Club member. She explained
Amendment 4 and stated Resolution 10-02 has many misleading statements which she
explained. She stated she was requesting the City Commissioners vote No on
Resolution No. 10-02 and wanted the voters to vote Yes on Amendment 4.
Dorothy Wardell, 2622 Lighthouse Bend Drive, Ponte Vedra Beach, spoke in
opposition to Resolution No. 10-02 citing reasons why she believes it is unnecessary,
unethical and illegal. She further spoke in favor of Amendment 4. She urged the
Commission to defeat the Resolution by voting No.
No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor
to Visitors.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous A. City Manager's Follow-up Report.
Meeting
Mayor Borno recognized City Manager Jim Hanson's accomplishment as being No. 1
in his age group in the 26.2 Marathon, stating he finished 166th which qualified him
for the Boston Marathon.
Consent Agenda 4. Consent Agenda
February 22.2010 REGULAR COMMISSION MEETING Paae 5
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 Building Department and Financial
Reports for January 2010.
B. Authorize the City Manager to execute Change Order No. 4 & Change Order
No. S to the R.B. Baker Construction contract.
Mayor Barno read the Consent Agenda.
Commissioner Woods pulled Item A.
Motion: Aparove Consent Agenda Item B as read.
Moved by Fletcher, seconded by Pazsons.
Votes:
Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Commissioner Woods referred to the article in Sunday's paper with the maps of the
changes in sales between 2008 and 2009 and home values here in Atlantic Beach,
which she stated showed the home values being down but sales were up. She stated in
the Monthly Activity Report, even though the number of permits aze down, the
average value of each permit is up by 18% so maybe we are starting to see a little light
at the end of the tunnel.
Motion: Aaprove Consent Agenda Item A as read
Moved by Daugherty, seconded by Fletcher.
Votes:
Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Committee Reports 5. Committee Reports
None.
Action on Resolutions 6. Action on Resolutions
A. Resolution No. 10-02
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA OPPOSING
AN AMENDMENT TO THE FLORIDA CONSTITUTION THAT WOULD FORCE
February 22.2010 REGULAR COMMISSION MEETING Pase 6
VOTERS TO DECIDE ALL CHANGES TO THE ADOPTED COMPREHENSIVE
PLAN THROUGH LOCAL REFERENDUM
Motion: Table the Resolution
Moved by Woods, Seconded by Fletcher
Commissioner Fletcher asked if tabling would defer it indefinitely and to be put back
on the agenda it would have to be by a majority of the Commission. City Attorney
Alan Jensen stated he believed that was correct.
Commissioner Parsons stated he is very much opposed to Amendment 4 and believes
it would stall the growth in the State of Florida and in our local community. He stated,
however, he agrees that this may not be the venue for the Commission to bring it up
and vote on it.
Commissioner Fletcher agreed, after reflecting on this, that it is probably not
appropriate for the Commission to vote on this. He stated it amounts to telling people
how to vote on something and he believes we should not do this.
Mayor Borno stated he believes it is inappropriate to be putting something on a
referendum when there are other venues that could be used. He stated this comes from
South Florida where they have not maintained and controlled their own government
and listened to the people and handled their comp plans so now it is going to be
dropped on the whole state. He stated he believes that is wrong. He stated now it has
become an emotional issue. He stated he pities the citizens who are going to have to
vote on this because of how much reseazch they aze going to have to do to really
understand what the issue is in front of them. He stated he believes it is absurd to be
doing that to our people.
Votes:
Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 95-10-101, Public Hearing and Final 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: Aaarove Ordinance No. 95-10-1O1L as read
February 22, 2010 REGULAR COMMISSION MEETING Page 7
Moved by Fletcher, seconded by Parsons.
Mayor Borno opened the Public Hearing.
Mary Francis Smith, 314 B 8th Street, stated she believes getting rid of the Tree
Board would be a mistake because the citizens aze our eyes and ears. She stated it
would be unfortunate to abolish a citizens group that is vigilant about our trees.
Cindy Corey, 394 8th Street, suggested modifying. the Tree Board rather than
abolishing it.
No one else from the audience spoke so the Mayor closed the Public Hearing.
Commissioner Pazsons asked Community Development Director Sonya Doerr to
further explain the Ordinance to clarify everyone's questions. Ms. Doerr explained this
Ordinance provides a mare simplified process for the public by eliminating the Tree
Board. She stated the Tree Ordinance Administrator, Erika Hall, reviews and approves
or denies all tree permits on single and two family residential. She stated there is an
appeal process and if someone is denied a permit they can appeal to the Commission
and violations go through the standard Code Enforcement Board procedure.
Commissioner Woods stated she served on the Tree Board and was also the Chairman
at one time. She stated a lot of what the Tree Board did has been incorporated into the
new Ordinance and although she is sad to see the Tree Board go she realizes it is not as
necessary as it once was. She stated Erika Hall is very diligent and has implemented
some very good strategies and methodology to pay attention to any tree issues. Ms.
Doerr stated this is in no way being negative toward those who served on the Tree
Board. Mayor Borno agreed but stated we now have a professional in house who can
take care of these issues.
Votes:
Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
B. Ordinance No. 90-10-212, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,
STATE OF FLORIDA, ADOPTING AMENDED LAND DEVELOPMENT
REGULATIONS AS SET FORTH WITHIN ATTACHED EXHIBIT A, WHICH
REGULATES THE USE AND DEVELOPMENT OF LAND AND WATERS
WITHIN THE CITY OF ATLANTIC BEACH. SUCH REGULATIONS SHALL BE
ADOPTED AS CHAPTER 24 OF THE CODE OF ORDINANCES AS
PREVIOUSLY AMENDED AND ADOPTED THROUGH ORDINANCE NUMBER
90-09-211 AND CONTAINING SIX ARTICLES: ARTICLE 1 -PROVIDING FOR
ADOPTION AND AUHTORITY, PURPOSE AND INTENT, JURISDICTION,
AMENDMENTS, LEGAL STATUS AND CONSISTENCY WITH THE
COMPREHENSIVE PLAN; ARTICLE II -LANGUAGE AND DEFINITIONS;
ARTICLE III -ZONING REGULATIONS; ARTICLE IV -SUBDIVISION AND
SITE DEVELOPMENT REGULATIONS; ARTICLE V -ENVIRONMENTAL AND
February 22.2010 REGULAR COMMISSION MEETING Page 8
NATURAL RESOURCE REGULATIONS, AND ARTICLE VI - CONCURRENCY
MANAGEMENT SYSTEM. THIS ORDINANCE ALSO PROVIDES FINDINGS OF
FACT, PROVIDES FOR SEVERABILITY, REPEAL OF CONFLICTING
ORDINANCES, OR PORTIONS THEREOF AND PROVIDES AN EFFECTIVE
DATE.
Mayor Bomo read Ordinance No. 90-10-212 by title
Motion: Approve Ordinance No. 90-10-212. as read.
Moved by Woods, seconded by Fletcher.
Commissioner Fletcher stated they had a workshop on this where he gave his input and
had his questions answered and he is satisfied. Mayor Borno stated he met with staff
and went through this in detail and had all of his questions answered. Commissioner
Woods agreed and stated it was a long and involved workshop which was open to the
public. She stated there are minutes if anyone wanted to read them. It was the
consensus of the Commission that no further discussion was necessary.
Votes:
Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Miscellaneous S. Miscellaneous Business
Business
A. Request by Jerold & Rosanna Dixon to appeal assessment and obtain a refund
of $3,919.50 charged for unmet mitigation, assessed as condition of issuance of Tree
Removal Permit #08-00100011.
Erika Hall, Tree Administrator, summarized the request explaining the background of
the permit and tree mitigation and further explained the request for the refund. Mayor
Borno asked what the mitigation would have been if it had been cost factored against
the ordinance. Ms. Hall stated the original application did not show all of the trees.
She stated they requested to only remove trees from the interior but they received calls
from neighbors stating extra trees were being removed. The City then put a stop work
on the site and a new survey was submitted with additional trees added. The City was
then told they wanted to clear the entire lot. She stated at that point trees were
removed that had not been accounted for so she does nat have a tree total. She stated
there was a discussion of charging the mitigation originally set for the interior and
doing the calculation of $5/s.f. for unknown trees and with that calculation, mitigation
would have been over $21,000. She stated the Tree Boazd voted against that and
wanted to stick with the known number of trees which gave a total of under $11,000.
Mayor Borno asked when she received the landscape plan. Ms. Hall explained on new
construction they understand that people don't want to put their landscaping in until the
construction is complete, which is standard., so they ask that they receive the landscape
plan and be able to review it before the Certificate of Occupancy is issued which
allows them to go out and do an inspection at the same time the other departments are.
She stated a temporary C.O. on this property was issued before Christmas and at that
time she requested a landscape plan but did not receive it for a while. She stated the
Februarv 22, 2010 REGULAR COMMISSION MEETING Page 9
landscape architect told her he did not know anything about the mitigation
requirements when he spoke to her on December 28, 2009, a year and a half after the
permit was issued.
Rosanna Dixon, 1730 Ocean Grove, explained the reasons for her refund request
which included the required hole for water retention is too lazge to be able to plant
hardwood trees, they have spent over $35,000 planting large palms in the City's right
of way. Ms. Hall explained, by Ordinance, what you take off of private property has to
be put back on private property. Public Works Director Rick Carper stated the initial
plan had the onsite storage being on the southwest corner of the property, which was
modified when the owners came in with a separate permit to install the swimming
pool. Their second onsite storage plan called for underground vaults, which would
have been on the south side of the property, but the contractor came back stating he
wanted to change that because the vaults were too expensive, which is how they
arrived at the lazge retention area they now have. He stated he did approve the right of
way permit to install landscaping which was an application from the landscape
architect, but there was no discussion about that having anything to do with their tree
mitigation.
Commissioners Pazsons stated he would support a waiver due to the restrictions caused
by the water storage azea and the amount they already spent putting in the palms on the
City's right of way.
Commissioner Fletcher disclosed that his insurance agency handles the insurance for
Mrs. Dixon's business, although he does not believe she knows that. He agreed with
Commissioner Parsons stating he has walked by her house and is astonished by the
way the landscaping looks, it is beautiful. He stated the onsite water retention area
prevents planting hardwoods. He stated they have put so much money into
landscaping and have returned a gift to the community and he believes if we didn't
have the requirement of the onsite water storage they could have easily planted the
seven trees. He stated for these reasons he would support a waiver. Mr. Carper stated
one of the reasons there is no room is because they built to the 50.0% limit.
Commissioner Woods asked if putting the water storage under the driveway could have
been an option or was the driveway already built. Mr. Carper stated the driveway was
not yet built and that could have been an option. She further suggested planting
cypress trees as an option. Mr. Carper stated you may be able to put a couple, but not
many, because the side banks aze very steep. She asked what the cost of the 63" vs. the
23" chazged. Mr. Carper and Ms. Hall explained these chazges.
Commissioner Daugherty stated although he can sympathize with the owner,
mitigation is a common cost of development and the regulations are black and white so
he would deny the request.
Mayor Borno stated although the owners did put the trees in the right of way, he still
feels obliged to uphold the Ordinance.
Ms. Hall cited three previous cases where the mitigation charges were upheld and the
owners had to pay the fees according to the Ordinance.
February 22, 2010 REGULAR COMMISSION MEETING Page 10
Commissioner Parsons agreed everything is pretty much black and white but believes
that is what they are up there for. He stated even though past instances have been
brought up he believes everything weighs on its own and he still believes in giving
them the variance requested. He believes with the free space from the retention it is a
burden on the owners.
Commissioner Fletcher stated after talking with the City Attorney he will not recuse
himself from the vote.
Motion: Annrove the request by Jerrold & Rosanna Diacon to anneal assessment
and obtain a refund of 53,919.50 charged for unmet mitigation. assessed as
condition of issuance of Tree Removal Permit #08-00100011.
Moved by Fletcher, Seconded by Parsons.
T'he vote was taken by roll call.
Votes:
Aye: 2 -Fletcher, Parsons
Nay: 3 -Borno, Daugherty, Woods
MOTION FAILED
B. Request to approve proposed project for Fiscal Year 2010-2011 Community
Development Block Grant (CDBG) application.
Sonya Doerr stated it is the time of year when the application for Community
Development Block Grant Funds is due to the City of Jacksonville. She explained, per
our Interlocal Agreement, we receive a portion of CDBG funds that the County gets,
based on population. She explained they proposed using the funds on the project at
Donner Park which included lighting for the basketball court, security lighting, sodding
the baseball field, grade and sod the southern end of the soccer field and add paved
parking. She stated they would complete these projects to the extent the money would
allow.
Motion: Annrove the nroiect as described above authorizing the City Manager to
submit the request to the City of Jacksonville and sign documents as necessary to
execute the contract.
Moved by Fletcher, Seconded by Parsons.
Votes:
Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
C. 2009 Police Annual Report
Chief Mike Classey summarized the highlights in the annual police report, pointing out
that there was a 25% reduction in Part 1 crimes in the Mayport Corridor from 2008-
2009 and noted the department's emergency response time is 2 minutes 8 seconds.
February 22.2010 REGULAR COMMISSION MEETING Page 11
City Manager 9. City Manager
A. City Manager's Report
City Manager Jim Hanson stated Mayor Borno sent a letter to the editor explaining
why we need a new police building and offering tours of the current building to those
interested. He stated, to date, no one has requested a tour.
Mr. Hanson stated during the latest alcohol deployment there were no sales to minors
in the twelve stores checked.
Mr. Hanson explained, per our Audit procurement policy, this is the last audit Purvis
Gray can do for us so the City will need to select a new auditing firm. He stated under
State laws you can't take bids, but have to get proposals. He stated the City will need
to select an audit selection committee to consider those proposals. He further stated
the current auditors cannot submit an RFP for services. He explained the pros and
cons of this policy. He stated there are not many audit firms in this region that do the
local government work. He stated when we have taken proposals in the past there are
very few people who have submitted proposals. He stated he believes it is best to
change the policy to allow the current auditor to submit an RFP, but in either event,
they will need to prepare a request for proposals and appoint the audit selection
committee in the next couple of months so the firm selected can prepare their field
work to get ready for the next year's audit, which is a process that takes about six
months.
Asked David Thompson to explain his recent grant. Mr. Thompson explained FEMA
had approved the local mitigation strategy grant for a rehabilitation of the sewer lines
in the Saltair subdivision. He stated the project was proposed for approximately
$400,000 and it was approved for $282,000, which is about 70% of the cost of the
entire project. He further explained ,the background of project, stating they have three
years to complete the project and Donna Kaluzniak, in anticipating this grant approval,
has put money in the budget for the matching amount necessary. He stated they will
be using a cured in place piping process so they don't have to dig the pipes up.
Commissioner Fletcher asked if Mr. Thompson had a cost benefit analysis. Mr.
Thompson stated they will need authorizations for signatures, etc. and he will bring
that back to the Commission when they do that.
Mayor Borno proposed staff bring back a recommended change regarding allowing
RFPs from current auditors. Commissioner Fletcher agreed, stating he does not see
how it helps the City to exclude that firm from allowing them to submit another
proposal. It was the consensus of the Commission to direct staff to recommend this
change. Mr. Hanson stated he will bring a report back to the Commission.
Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
City Commissioners
City Attorney A. Establishing a policy on records requests from Commissioners.
Commissioner Parsons stated he believes excessive records requests by
Commissioners should be paid for by the Commissioner, through the procedure that is
currently in place. He stated he believes excessive records requests should be treated
February 22, 2010 REGULAR COMMISSION MEETING Page 12
the same whether requested by a Commissioner or a citizen. Ms. Bartle explained the
charges for copies and the policy in effect in the City Clerk's office regarding records
requests. She stated our current policy stated that any request that requires over 15
minutes of staff time to complete is considered excessive and the requestor is charged
for labor. She cited examples of what these labor charges could be in the different
departments. It was the consensus of the Commission to include Commissioners in
these charges going forward.
Commissioner Parsons
• Wants to work with Bishop Golden to help with the festival. Mayor Borno
stated staff will prepare a report and bring it back to the Commission for action.
• Clarified the reason he resigned his partnership with the Mayport Waterfront
Partnership was because he had been named in a lawsuit by the Civic
Association who was suing the Mayport Waterfront Partnership. He was told
by an attorney that if this was done, he would lose his support from the City of
Jacksonville and would have to pay for his own attorney and he did not want to
get in that position, so he resigned.
• Congratulated Mr. Hanson on his performance in the marathon.
City Attorney Jensen
• Asked Commissioner Woods why she has not given the City a copy of the
letter to the State Attorney's office. Commissioner Woods stated she made
contact with the State Attorney's office and they informed her it is not a public
record. Mr. Jensen asked who told her that at the State Attorney's office.
Commissioner Woods stated she can talk to him about that. Mr. Jensen stated
the State Attorney's office does not make that kind of determination, but he
stated she emailed us and said she would have it all here. She stated she would
have, but she was waiting on their reply and that was the reply she received.
She stated she tends to believe the State Attorney's office so she is going to go
with that and he can look into it all he wants but that is the decision for the
moment. Mr. Jensen clarified she wrote a letter to the State Attorney's office
identifying herself as a City Commissioner of Atlantic Beach and she is not
going to provide us with a copy of that letter and asked her if that was correct.
Commissioner Woods stated she did not do it as a City Commissioner, but she
did identify herself as a Commissioner. Mr. Jensen stated he was just curious
as to why we didn't have the copy yet.
Mayor Borno
• Reported on his meeting with the Justice Coalition last Tuesday. He stated he
would leave a brochure with the City Clerk's office if anyone wanted to review
it.
• Asked how the Commission felt about having staff draft an RFP for kayak
concession for rentals at Dutton Island. He asked the Commission to give their
input to the City Manager. Commissioner Woods stated she would like to see
the RFP expanded to allow people to bring in their ideas for ecotourism that
might also include a kayak stand. Commissioner Fletcher stated if there was an
opportunity to go kayaking here, he would do it. He stated he doesn't own a
kayak, but if he had an opportunity to access the waterway that way he would
do it.
February 22, 2010 REGULAR COMMISSION MEETING Paae 13
Adjournment There being no further discussion, the Mayor declazed the meeting adjourned at 8:33
p.m.
Mike Borno, Mayor/Presiding Officer
ATTEST:
Donna L. Bartle, CMC
City Clerk