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Draft Amended Minutes 3-22-10AMENDED MINUTES REGULAR CITY COMMISSION MEETING March 22, 2010 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Mike Borno Mayor Pro Tem John L. Fletcher Commissioner Jonathan Daugherty Commissioner Paul Parsons Commissioner Carolyn Woods City Attorney Alan C. Jensen City Manager Jim Hanson City Clerk Donna L. Bartle Recording Secretary Nancy E. Bailey Call to Order/Pledge Approval of Minutes Mayor Borno called the meeting to order at 6:00 p.m. Mayor Borno gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Commission Meeting of March 8, 2010. Motion: Approve the minutes of the Regular Commission Meeting of March 8, 2010, as written. Moved by Fletcher, Seconded by Parsons. Votes: Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. A. Proclamation-Helping Hands and Linking Arms Day of Service to Fill the Blood and Food Banks. Mayor Borno read the proclamation designating Saturday, April 24, 2010, as a Helping Hands and Linking Arms Day of Service to fill the blood and food banks and presented the proclamation to Ruth Carrin, Multi-Stake Director of Public Affairs, of the Church of Jesus Christ of Latter-day Saints; Rich Roth, Bishop of the Beaches Church of Jesus Christ of Latter-day Saints; Odette Struys and Chuck Davis of the Blood Alliance; and Jack Morgan, CEO of the Florida Red Cross. Ms. Struys thanked the Commission and the Church of Latter-day Saints for including the Blood Alliance in their day of service and encouraged the audience to become blood donors by going to igiveblood.com and getting involved on Apri124. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Steve Fouraker, 387 6~h Street, expressed his concerns regarding the actions at the last Commission meeting. He explained that he realized it is typical for sitting Commissioners to be challenged on decisions they have made and understands that they may feel that there has been ample opportunity for the public to be heard and to educate themselves. He further explained, having discovered several aspects of the March 22, 2010 REGULAR COMMISSION MEETING Page 2 agreement the city made with the Estates of Atlantic Beach, LLC that he was not aware of, he attended this meeting to educate himself on the Old Sherry deed controversy and the implications a legal contest would have for the path of the sewage pipes and the destruction of old trees. He stated it was obvious there was goin tg o be a call to revisit decisions already made by the Commission. He stated during_the public comments he was disappointed to hear accusations of impropriety being aimed at our Mayor and City staff and can understand them being offended by accusations of this sort. He stated that the two previous mayors have been back dealing on property in the Mayport area without the knowledgg of most of our citizens so he can understand people's skepticism, particular regazding anything associated with land issues, former Mayor Meserve and the Fleet Landing_property. He further stated the level of animosity in our current government pales in comparison to the accusations hurled by the public during the recent McMansion controversy. He reported that former Mayor Gulliford, a major player during that controversy, has called those of us who have questioned the Commission's decision "a mob" and reminded him that just recently was part of the "mob". He explained that this sort of characterization has become part of the strained political environment of our small yet restless community. He further explained what concerned him most during the meeting was the display of obvious personal animus by the City Attorney towazd Commissioner Woods. He stated he repeatedly mischaracterized her inquiries and her floor motions. He believes Commissioner Woods had to doggedly bring him back to the substance of her statements. He believes that Commissioner Woods masterfully explained and defended the app~riateness of her motion and that Mr. Jensen's response was vague, defensive and personal. He also believes that Mr. Jensen accused her of tr~g_ to undermine the Commission's agreement and later interrogated Commissioner Woods about the content of her emails in her communications with the State Attorney without ever publicly detailing his specific legal concerns or from where they arose. He e_plained that if his concerns came from discussions with another attorney, those should have been specifically communicated to the Commission and the public. He believes that the communication sent by Mr. Lippes was an outrageous attempt to intimidate the City and was encouraged by the adversarial approach with this Commissioner allowed by this Commission to the City Attorney at the meeting. He believes Mr. Jensen is not a paztisan anymore and he should not be allowed to act like one. He believes that Commissioner Woods' concern about process, public opinion, government in the sunshine, drilling methods, tree removal and the transfer of land to the developer are all concerns of her constituents. He explained that respect for decisions of the Commission aze important, but is also important that all of us make sure our City does not make irrevocable mistakes. He indicated that, after speaking with Chelly Bull Schembera, he was convinced there may be a serious question about the title of Old Sherry Drive which is now a mature woodland ecosystem. He believes it is important to let some of these issues be addressed and resolved before destroying any old trees or damaging_this delicate ecosystem. He believes the Commission and staff entered the agreement with the developers with professionalism and the best of intentions, but as with Howell Pazk and Old Atlantic Beach stormwater system, ale °+~new information may give us reason to pause and a more acceptable outcome for all of our community may be just around the corner if we aze willing to let defensiveness go and reexamine some of these issues. He suggested that if a Commissioner thinks another Commissioner is making wild accusations, or if someone March 22.2010 REGULAR COMMISSION MEETING Paee 3 I has not written what then claim to have written they should take that up with the Commissioner while she is there to defend herself. Jackie Beckenbach, 2210 Oceanwalk Drive W., commented on what happened at the last Commission meeting, quoting the definition of civility from Wikipedia. She further read information describing and explaining discussed the Sunshine Law and the need and requirement for open government.-She believes that if we are at a point where we're questioning Sunshine and having information available by either a Commissioner or any citizen of the community then we are in a sorry state as a representative republic. She urged the Commission to have civility around our discussions and not have personal attacks on people who are trying to make sure government is doing and acting in the best interest of all people within the City and not individuals. Royce Keul, 1918 Jordan Street, addressed the Commission regarding the drug dealers, loud music late at night, and gun shots back and forth across his neighborhood, stating he needs help from the Commission and the Police to get that crime cleaned up. Mayor Borno asked Mr. Keul to get a card from Chief Classey and assured him he would get some results. Maria Mark, 1148 Linkside Drive, offered her support to Commissioner Woods stating she believes anyone who represents the citizens of Atlantic Beach should have the authority to question any actions that were approved based on insufficient/incomplete information and that should be investigated. She further believes that Commissioner Woods is upholding her duty as a Commissioner to respond to the citizens of Atlantic Beach as does everyone sitting here. She also believes that for Commissioner Woods to be publicly admonished humiliated and interrogated, is completely out of line and is beyond the scope of the interrogator She believes Commissioner Woods deserves a public apology Stephanie Taylor, 2167 HovinEton Circle E. and 1122 Third St., Suite 5, representing the Board of Directors of the Beaches Women's Partnership, explained the Beaches Women's Partnership and how the Partnership can help the community. She explained their services are free to residents for support groups which ran_,ge in groups that surround the issue of domestic violence, grief divorce and survivors of childhood sexual abuse. Harold Lippes, 800 West Monroe Street, explained he representsi~g the Estates of Atlantic Beach, which for some reason has become synonymous with Michael Sones who is one of the minority owners of that entity. He explained that in addition to representing the Estates of Atlantic Beach and Michael Sones over a period of time Michael Sones has become his personal friend. He stated he is honest fair-minded generous, loyal and he is incapable of telling a lie or doing an h'ng that is dishonest He further explained Mr. Sones conducts himself that way in his personal life always has, and also in his professional life and that he knows him very well and can say that with conviction. He explained it was very hurtful for Mr. Sones and to him as his friend to first read the Folio article where there were suggestions of dirty deeds corruption and, more recently, the letter Commissioner Woods wrote to the State Attorney which included false statements. March 22, 2010 REGULAR COMMISSION MEETING Page 4 ,.a~.,.oa +„ w,r:,,~,.,o~ e„„o~ ,,,,a +~o ~~.,,+o.. „~ n+~,.,,.:,, ao,,,.~, He stated he does not know the source of those statements but in her letter Commissioner Woods took credit for them. He explained they have asked for an explanation as to what's the source of this information, who said that Mayor Meserve with Fleet Landing transferred two parcels of property to Michael Sones and EAB. Mr. Lipper reported it is just false and is disconcerting when anybody sends a letter to the State Attorney. He reminded the Commission that he believes it was sent for the purpose of generating adverse publicitXiust as the Folio article was and not because of a legitimate inquiry directed to the State Attorney's Office. He stated that letter, as we all know, was sent to the State Attorney on February 5, 2010, sent to the newspaper and the Governor, but Commissioner Woods refused to be transparent and furnish a cony to this Commission under the pretence that it was sent in her individual capacity and wasn't a public document, even thou it clearly was just by virtue of the fact that it was sent to the newspaper and the Governor. He reported that, at the last meeting, we heard Commissioner Woods say that those were not her statements in the letter, that they were the statements of her constituents. He believes that means they were sent in her capacity as a Commissioner. He explained then asked for answers to those questions because then are sick and tired of the false accusations, the false suggestions, and the innuendo of misconduct. He stated he really welcomes Mrs. Beckenbach's comments - -__ about civility because those things were not civil, they're not fair, and they're not ri t. He explained then welcome a lawsuit on any of these issues so they can air these differences out in a courtroom where people are under oath, where they can learn the truth and whatever the truth leads us as in terms of an outcome that's fine him and with Mr. Sones. He further explained theme are willing to debate anything based on truths and based on facts. He believes the thing that raised this hei tened level of hostility and friction are these false accusations and that is why we asked for answers and will continue to ask for answers until we get some, which we think we are entitled to. Neil McGuinness, 1619 Beach Avenue, expressed his thoughts regarding the last Commission meeting, He stated that after the Courtesy of the Floor period City Attorney Jensen went around the room and verbally singled out citizens who had spoken their mind on a contentious issue. He explained he was correcting each of them in a very challenging manner and was shocked of his concept and wished he could have put his hand up. He reported that at the break, he spoke to Mr. Jensen and told him that he believed his conduct was totall~ppropriate, that he had bullied and intimidated the citizens who had spoken out and his conduct would discourage others from speaking out in the future. Then, at the remainder of the break, he spoke individually with the editor of the p~ and individually with two elected officials and shared his observation. He then asked those City Commissioners to get control of their staff attorney. He reported he left the meeting before it reconvened and a few days later, read in the Beaches Leader that there had been a blow up in the second part of the meeting involving~~ Mr. Jensen. He stated this was no surprise to him given his conduct earlier in the meeting. He explained he realized with our form of government in Atlantic Beach we have a strong City Manager, but that shouldn't mean that his staff, such as City Attorney Jensen can exceed the bounds of his role, which is only, to advise th_ a Commission and the Mayor. The Commissioners were elected, Mr. Jensen was not and they are not absolutely bound by his advice. He explained, we all form minions based on imperfect information, whether it is the stock market, or the March 22, 2010 REGULAR COMMISSION MEETING Pa e 5 economy, raising children, or politics. He stated Mr. Jensen wanted to correct the citizens. He explained that it seemed to me that his version of the facts is actually opinion, even though it may be a legal opinion, and that possibly he should have signed up like the rest of us for Courtesy of the Floor to express those opinions He stated it's important in our democratic process that the citizens be encouraged to voice their opinions in the meeting's courtesy period and not to be bullied or intimidated from those opinions. He further stated, in the words of Supreme Court Justice Kennedy, the first amendment is often inconvenient, but that's beside the point inconvenience does not absolve the government of it's obligation to tolerate free speech. He concluded by asking_-ate-asked that these Commission meetings return to amore civil tone. Brian Sezton, 1667 Park Terrace West, stated it appears we are once again dealing with an issue relative to lots and property rights but that's okay. He indicated he doesn't think it is bad that we deal with it in a sensitive area and believes it's important. He explained he was coming like Jackie Beckenbach and Neil McGuinness to talk about civility because if he learned anything from four ey ars ago it is that you can get a lot more done with logic and reason than emotion. He believes that Commissioner Woods has had supporters here this evening who have been upset about the way she was treated at the last meeting. He explained he was not there but heard the stories and must admit that when he heard that she had left in a huff which was the way it was described to him, he didn't think it was the most professional way to deal with it, but reiterated that he wasn't there. He stated the problem he is having this evening and over the course of a couple of weeks in listening and reading the emails is everyone seems to want an apology for Commissioner Woods but asked how about an apolog fy or my friend Michael Sones He explained there was a len tg_hy article in the Folio, which he believes to be just wild suppositions He added in the media culture which he says he knows something about, you can take something and you can throw it against the wall and everybody's head will turn and they will look at that but it doesn't have to be true and you can go to a wall at the same time and throw up the truth and nobody will turn for that. He stated at this point in time if apolo ies are going to be laid out and civility is going to return then Michael Sones and his family should be issued an apology for the things that were thought or said or written about him based on the letter that Commissioner Woods sent to the State Attorney that had no basis in facts, have not been proven and doesn't appear at this point that Commissioner Woods is willin~o stand forth and prove. He further stated so if civility is going to be offered, civility needs to be returned. He stated that Michael Sones is a decent human being, he's beyond that but he'll leave it at that so you don't think he exaggerated, he is a good man with a good family he has done nothing wrong, he deserves not mistreatment, nor does anyone in this forum or any forum deserve the kind of treatment that he has taken. He stated should apologies be afforded to anyone, Michael Sones should be apologized to first. Misliael-Sexes: Cindy Corey, 394 8`~ Street, e_pressed that she wants Brian on her side, since that was the most emotion she has heard all evening. She indicated she wanted to bring the conversation back to the issue of the development and not an individual according to Mr. Lippes, a minor investor, which is Michael Sones. She explainied that she doesn't know Mr. Sones, but was sure he is a wonderful person, but doesn't believes that is the March 22, 2010 REGULAR COMMISSION MEETING Page 6 issue here. She stated there may have been an article published that made some allegations at which he takes exception to; however, as far as she knows Folio is not published by the City of Atlantic Beach nor as citizens particularly. She explained it is one publication that expresses some opinions and it is a og od publication and believes it does a good job, but of course not perfect. She explained that it raised the issue and got people to think about it and believes that to be a good thing. She believes we need to go forward from here and identi what parts of that story have merits. She asked do we need to be reexamining this development? She then asked is it in the best interest of the citizens in the community? She indicated it is not. She explained she has some serious questions and believes that is what we should be talking about. She commented on Mr. Lippes saying he is a minor investor and one of the questions she had, as a point of information, was who else is part of this Limited Corporation? Se~AS;-impart-e~~t~es eti~~eQ-~erpor-ate- She explained she could not get an answer from the City or the City Attorney and believes it would be nice to know. She stated that if we want to point the finger she guesses we can point the finger at the right people She reported that she spoke to the She- St. Johns Water Management District (SJWMD) last Monday and wanted to ask some questions about r+'ga~g-the permitting for this e€~e-project and how they felt about it because she read a letter which was requesting more information from Estates of Atlantic Beach throu their representatives, some environmental questions. She also reported that she spoke with the P.E. at SJWMD and he said that by and large the requirements have not been met and then have not answered him, the representatives working for the Estates of Atlantic Beach, and there was a long list of things that it did not meet the requirements on to do with the wetlands, the wetland line fill to the road the retention ponds the quality of the woods and so on. She stated it was atwo-page letter She reported that he told her the permit was about to be denied administratively because they have been given an extension and they have not met the requirements She indicated that she asked him, not for his opinion about the development but did he foresee this development getting`a permit? She reported he said, based on the information he had now, at that time, which is still current, that the development did not meet the requirements and that in point of fact it may never meet the requirements She explained her point that the City of Atlantic Beach is entered into an agreement where we are going to begin development on apiece of property that is deemed environmentally sensitive by the SJWMD which has been deeded to be a park or park land or path to park where we are goin tg_o send a great deal of money. She explained we have already spent money on eng nag we are going to do tree clearing we're going to pay for tree mitigation we're going to lay a sewer pipe throu h this environmentally sensitive land, we are going to help build a roadway for a development that may never be permitted or may never be developed She believed that is not wise and that the agreement has merit. She stated it may have been with the best of intentions, but I think questions have been raised and the many,~eople in ublic think we should revisit this issue and I am one of those people and I don't think you should keep dismissing it and I don't think we should proceed because of this idea that we are going to get a lawsuit. She expressed that it is not a good reason to proceed with an agreement that is not in our best interest and that we need to renegotiate this She believes that we need to move the sewer easement somewhere else and find a March 22, 2010 REGULAR COMMISSION MEETING Pace 7 better path. She requested that Mayor Borno appoint a review commission similar to the review committee we had on the storm water project that perhaps Commissioner Fletcher could Chair and have interested parties of the citizenry te-sit down and discuss this issue and see if we can't come up with some better solutions.- William Gulliford, 75 Beach Avenue, explained he hadn't intended to speak until he had his name brou lrt up so he believed he had to clari a couple of points He reported that Mr. Fouraker-s made reference to the last two mayors, and he want to remind evervbod~ he was the last Mayor before now and was not involved in whatever he was referencing, as Interim Mavo_ r so please note that asked won the record iynzrnlu~ ~~~ ;,>t;~~~,~~ ~e ..,,,, ;e ~~..,.:,.,.b w;~K ~~ He explained as to Mr. Fouraker's reference to "mob rule" he stated he wasn't suggesting any individual or groups of individuals were a mob, as he has suggested that I was part of a mob, but that in fact we aze governed by law and not by mob rule and that was the reference. He explained that Dezmond Waters was in the audience and that when they were on the Commission together, Dezmond was a Commissioner and he was the Mavor they debated many times on opposite sides, but when they left the meeting they remained friends and their debates were objective, fair and reasonable which is the right wav it should be He further explained that John Weldon was another senior who was a gentlemen and debated but he was always fair and then left here as friends. He reported that what he has seen lately is a suggestion and this is a reference to mob rule. He explained the decision has been made by the Commission, it did it legallyproperly and entered into an agreement and what he has attempted to get across not very well at the last meeting, was it's time to move beyond. He stated this is no longer a forum in that re~azd, that's what they have courts for that is why you have that ri t to ~o and az ague against the process. He expressed his concern regazdin civility and asked where aze we aoin~ when a former Commissioner accuses the seated Mayor of improper character and unethical conduct when in fact that's based on misrepresentation or a lack of fact? He further asked where are we when somebody oes up and paints these trees that then aze talking about preserving as it has just happened with "Save Me" with red paint? Where are we g_oin~ with this thing? He believes we aze past that and stated that's what concerns him the most about this. He explained the need to debate passionately, indicatin ig t is part of the process and is a wonderful thing of how we function and how we operate, but debate fairly and legally. He added that the wav it is supposed to be structured is based on that and you will not have this personal front and these hard feelings and harsh feelings_u° ~~-*'~°~ -'~~°•~°°°a *~° ~°*~*°~ °~ ^ *~ *' aa.u ~.aava uauvu.7 1 , . He believes that evervbody needs to step back. He stated he still maintains what he said before which is that we've one past that process and God knows the opportunity to go to court is available to evervbody, but you can't have a vote and then the minority continue to keep bring_ina that vote back and wanting to address it based upon emotional issues and not the law. He stated that he referenced Rule 20 last time, which you all should be aware of and that he probably should have read it for the benefit of the audience. He further stated that basically it does not allow reconsideration of any issue that has been brought up by the Commission unless a unanimous will of the Commission is to address that issue. He sue~ested that probably everybody ou t to get together and do a group hug March 22, 2010 REGULAR COMMISSION MEETING Pace 8 and apolo ize to each other because he believes there have been some serious attacks on uersonalities and he believes that to be unfortunate. He expressed his hope that forward from this, the passion doesn't o away, but a level of civility return to all the process, including those in the audience. He stated he was sorry that Mr. Fouraker didn't quite get his reference to "mob rule" but certainly was not his intention for he didn't intend any comment in his direction, but, if the shoe fits and you feel that way Steve maybe you need to stick it on. He thanked everyone and offered his assistance if needed in any way. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. Mayor Borno recognized former Commissioner Dezmond Waters, who was in the audience. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow-up Report. Meeting Mr. Hanson stated the tree surveys have been completed for the sewer line project and explained the blue dots on the trees on the right-of--way of Selva Marina Drive aze to indicate they have been surveyed. He stated people must have misunderstood the blue dots, because they were painted by someone with red, white, and yellow arrows, hearts, etc. He explained none of these trees with blue dots will be removed. He further stated later this week a number of additional mazks will be put on the pavement that will locate where the current underground utilities aze so when they aze putting in new pipes they will know where the existing pipes aze and not hit them. Mr. Hanson stated his deepest desire about all of this is that we would all wind up learning a lesson in good government. He stated there have been a lot of good comments made by people tonight and believes everyone may be getting the message that we need civility and to be able to debate the issues calmly and professionally without a lot of personal attacks. Commissioner Parsons agreed with the civility issue. He stated, however, that was not a civil act that happened on Selva Marina Drive. He stated they were defacing the things they were talking about saving and it was very, very embarrassing to live in this community and see that on our trees. He stated the painting of the trees was totally uncalled for and he begged everyone to stop this because it is getting out of hand. He stated now it will cost the City to fix the vandalism and he is mad about it. He stated he is not accusing anyone but wished they would pass the word that this has to stop. 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 March 22.2010 REGULAR COMMISSION MEETING Page 9 STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of Monthly Building Department Report, Utility Sales Report and Financial Report for February 2010. B. Declaze the list of property as surplus. Mayor Borno read the Consent Agenda. Motion: Aaarove Consent Agenda Items A and. B, as read. Moved by Fletcher, seconded by Pazsons. 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-OS A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA FOR ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT (FIND) WATERWAYS ASSISTANCE PROGRAM (FOR TIDEVIEWS DOCK EXTENSIONBOAT LAUNCH PHASE II). Mayor Borno read Resolution No. 10-OS by title. David Thompson gave a presentation on the history of the Tide Views Dock Extension and Boat Launch. He stated Florida Inland Navigation District (FIND) approved Phase I, Design, Engineering and Permitting, for $95,000. He explained he has combined Item 6A with Item 8D which deals with the engineering for the project. He stated the estimates for design have gone from $95,000 to $61,535, for which he is asking the Commission's approval tonight. He stated they also seek approval to award the contract to Bowen Engineering to design this project. He stated Phase II which is the actual construction is estimated to be $211,563, which makes the entire project a total of $274,538.20. He explained FIND reimburses 50% of the approved cost after the City awazds a construction contract. He stated the City's matching money will be paid from the Convention Development Tax or Bed Tax funding. He stated if the City is going to proceed with FIND and submit an application for Phase II to do the construction of this project in the upcoming year then they need this Resolution passed because without it he cannot get the application in on time, which is due next week. He further explained the second part of this is Item 8D, which is awarding the contract to Bowen Civil Engineering to do the design, engineering and permitting. Item 8D was taken out of sequence and acted on at this time. 8D. Authorization to contract with Bowen Civil Engineering, Inc. for the Design, Engineering and Permitting of Tideviews Preserve. March 22.2010 REGULAR COMMISSION MEETING Page 10 David Thompson explained the negotiations with Bowen Civil Engineering explaining if they are going to proceed with this project they would recommend awarding the contract to Bowen. Mayor Borno stated in a strategic planning meeting, the improvements for all of these areas was a priority and improvements to the Tideviews area carved over into this past strategic planning so the public can utilize these areas. Mayor Borno asked for a motion to put 6A on the floor. Motion: Approve Resolution No. 10-05, as read and authorize the Mayor to sign the Resolution and subsequent paperwork for administration of the grant. Moved by Fletcher, Seconded by Parsons Commissioner Fletcher stated when we acquired the River Branch Preserve one of the things we agreed to do was to open up public access which led, in 2009, to making it a strategic priority to secure whatever kind of grants we could get to achieve that objective. He stated this is the first step in accomplishing that and for that reason he supports it. Mayor Borno allowed a member of the audience to speak at this time. John November, 647 Beach Avenue, thanked the Commission for keeping the access to our marshland a priority. He stated as they move forward with this project they need to focus on the canoe launch being functional and make it fit into that viewscape. He stated he is very thankful to have had the opportunity to grow up in Atlantic Beach where there is such great parkland and public resources. He stated he would hope, in the future, we find a way to catalog our parkland and public resources to make sure some of the issues we have happening right now in our City don't occur again and so everyone will value that parkland moving forward. David Thompson stated Randy Dowling of Bowen Engineering was in the audience. He then showed several slides of designs for the canoe/kayak launch. Commissioner Parsons asked if they still plan on dredging. Mr. Hanson stated although they talked about dredging initially on this project, FIND did not agree to the dredging, because it fills back in naturally, and they believe a walkway out to the deep water is better. Mr. Hanson stated they had discussed a master plan for public access for the entire area but they have not been able to afford to do that yet and dredging may be a better alternative than some of the other accesses. He stated the intent was to have several access points for the public along the River Branch Preserve and dredging may be fine for some of those. Mr. Thompson stated they originally talked about dredging all the way up to the existing kayak/canoe launches but there were environmental concerns, it is more expensive and it has to be maintained. He stated getting a permit to run a dock across the top of everything has a minimal impact on the environment, while dredging would have a very significant effect and getting a permit would be very difficult. Commissioner Parsons asked if the launch could be used all the time. Mr. Thompson explained the tides, stating during a low Spring tide you would not be able to canoe through there but there are times that you could. Commissioner Parsons asked if there would be warning signs for low tides. Mr. Thompson stated he believed that would be appropriate. Mr. Hanson stated, not only will they put a sign out, there is a kayak trail guide, with a link from our website, and the regular tide information is updated in that. March 22.2010 REGULAR COMMISSION MEETING Page 11 Commissioner Daugherty asked for clarification of the finances needed, which Mr. Thompson explained. Commissioner Daugherty stated when this initially came up, he was very excited about it. He stated he has been stuck out there at low tide. He stated he now has some concerns and showed slides of the area showing the depth of the water, which is only about 4 feet at high tide and dirt at low tide, where they want to put the fishing pier. He stated for these reasons he does not believe the fishing pier will work. Secondly, he showed videos of the area proposed for the dock and kayak launch. He stated he is in favor of extending the boardwalk so more people can enjoy the area, but instead of spending the money for a fishing pier and kayak/launch, he explained a suggestion for connecting Dutton Island to Tideviews. He stated he believes proceeding on this without a master plan for Tideviews and River Branch Preserve would be irresponsible. He stated in developing any project, you should have an overall concept that you want for the area instead piecemealing it together. He stated he would like to take a step back and take a look at the entire project and have a master plan for the Preserve before proceeding further. Commissioner Woods agreed, stating she believes a master plan is needed first so we will know what we are creating is what will be the best use of the River Branch Preserve. Mayor Borno asked if the funds can be shifted to another project. Mr. Thompson stated FIND will not fund planning, and will not shift the funds over to a planning project. He stated FIND evaluates each project individually so it could be resubmitted. He stated if they stop the project now and do a master plan first, when that is completed they would go back to Phase I, Design, Engineering and Permitting, which is where we are right now and then FIND would make a decision at that time whether they are willing to fund that. He stated they don't reserve the money for us to use somewhere, each project is considered individually by FIND. Commissioner Woods stated she was also concerned about where the finances would come from and believes we need to step back and re-evaluate the project. Mayor Borno stated if the Commission wants to go to a Master Plan, that will kill both of these items tonight and they will need to fmd the money to do the Master Plan. Commissioner Daugherty stated with the budget challenges we are going to have this year and next, is it wise to spend this money on something that nobody uses right now and is this something that will encourage people to use Tideviews. He stated he does not believe it will. He stated they are talking about spending a lot of money on something that is accessible only during certain parts of the day and during certain parts of the year and to him that is not very wise, even though we are getting a good portion of it back from FIND. He stated due to the fact that the water is just not there, he can't see voting for it. Commissioner Fletcher asked for clarification from David Thompson if FIND's approval of the grant money constitutes an opinion as to whether or not this is going to be a dock to nowhere. Mr. Thompson stated FIND does not express an opinion about some of the concerns Commissioner Daugherty brought up; they typically are big proponents of adding public access by water. He stated this meets the criteria they are March 22.2010 REGULAR COMMISSION MEETING Page 12 looking for as faz as trying to provide more water access to people with canoeslkayaks who choose to use that pazk and the amenities, encouraging ecotourism, fishing, etc. He stated they don't measure the depths to say how much they believe it will be used, but if they did not believe there was some merit to it, he does not believe they would have approved it. Mayor Borno thanked staff stating they have done what the Commission directed them to do and the Commission now needs to determine if this is something they believe is acceptable in this particulaz condition or do they want to wait until they have a master plan to do anything out in the Tideviews area and start over from square one. Commissioner Daugherty stated he wants to see a master plan first for the entire project. Votes: Aye: 2 -Fletcher, Parsons Nay: 3 -Borno, Daugherty, Woods MOTION FAILED Motion: Disapprove contracting with Bowen Civil Engineering for $61,535 20 as noted in the attached proposal for Conceptual Design and Final Design Moved by Fletcher, Seconded by Parsons Votes: Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION PASSED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 31-10-09, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE GOALS, OBJECTIVES AND POLICIES (GOPS) OF THE COMPREHENSIVE PLAN AND ALSO ADOPTING A NEW MAP SERIES INCLUDING THE 2010- 2020 FUTURE LAND USE MAP; PROVIDING FOR INTENT; AUTHORITY; FINDINGS OF FACT; FINDINGS OF CONSISTENCY; SEVERABILITY AND AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 31-10-09 by title. Motion: Approve Ordinance No. 31-10-09, as read. Moved by Parsons, seconded by Woods. Community Development Director Sonya Doerr summarized her staff report and explained the adoption process for the Evaluation and Appraisal Report. She stated, if adopted tonight, it will be sent to the Department of Community Affairs, who will review it and issue a Notice of Intent to find it in compliance and then it becomes effective. Mayor Borno opened the Public Hearing. No one from the audience spoke, so Mayor Borno closed the Public Hearing. March 22, 2010 REGULAR COMMISSION MEETING Page 13 Commissioner Woods stated this has been a long process and she believes Sonya has done a great job. Commissioner Fletcher asked Ms. Doerr to summarize the changes to the FLUM. Ms. Doerr explained the two changes were to designate the beach as recreation and open space and to designate Tideviews as recreation and open space. Votes: Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED B. Ordinance No. 20-10-102, Introduction and First 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. 20-10-102 by title. Mr. Thompson explained this is for a local mitigation strategy grant application submitted last year, thanking Donna Kaluzniak and Rick Carper for their help on this grant. He stated this is fora $400,000 wastewater project in the Salt Air subdivision, which he explained. He stated this relates to Item 8B. Motion: Aaurove Ordinance No. 20-10-102. as read. Moved by Woods, seconded by Fletcher. Votes: Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business Item 8B was taken out of sequence and acted on at this time. B. Local Mitigation Strategy Grant Acceptance: Salt Air Gravity Sewer Rehabilitation Project. Motion: Aaurove the acceatance of this grant, Project Number 1785-038-R Ci of Atlantic Beach, Duval County, Salt Air Gravity Sewer Rehabilitation Proiect and authorize the Mavor to si~n_ the .contract and the subsequent uanerwork for the administration of this grant. Moved by Fletcher, Seconded by Woods Votes: Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED A. Requests from Bishop Golden to use Jordan Park for Gospel in the Park event. March Z2, 2010 REGULAR COMMISSION MEETING Paae 14 Mr. Thompson explained this was brought back from the last meeting where the Commission asked if it would present a hazdship for Bishop Golden if they included the language that the money received for the sale of food would go only toward either paying for the event or youth programs. He stated Bishop Golden told him it would not because that was what the money was going to be used for. Mr. Thompson stated the Commission also approved the use of the Jordan Park Community Center without charge and allowing food vendors in the park. He stated the stage was not approved. Bishop Golden thanked the Commission for considering and approving the Gospel in the Park festival and his requests. He, personally, invited all of the Commission to come out to the event. Motion: Approve the Bishop Golden's requests with the amended language that the money received for the sale of food would go toward either paving for the event or youth pro rams. Moved by Woods, Seconded by Fletcher. City Manager Hanson explained although the City does not normally allow sales from private events in City pazks, this is a notable exception because it is in a target area where the Commission wants to build the neighborhood. He stated Bishop Golden has worked with City staff in putting on public events to bring people out to inspire some community belonging. He stated this contributes very closely to one of the strategic goals the City Commission set. He congratulated Bishop Golden for all of his work in helping to bring that community together. Bishop Golden stated the event will be held on May 1 at 9:00 a.m. starting with a 2- mile walk azound the community. Votes: Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED B. Local Mitigation Strategy Grant Acceptance: Salt Air Gravity Sewer Rehabilitation Project. This item was taken out of sequence and acted on earlier in the meeting. C. 2009 Annual Report of Recreation and Special Events Department. Recreation and Special Events Director Timmy Johnson thanked his staff Kazen Kempf, Gail Baker and Dee Davis for their great work and the outstanding job they do on a daily basis. He further thanked the members of the Cultural Arts and Recreation Advisory Committee and the volunteers for their hard work put into the events. He summazized his annual report, noting the events held and those that will be held. He introduced Jolyn Johnson, Chairperson of the upcoming Arts in the Park event who further explained the event and invited everyone to come to the event on Apri124. She also stated they need more volunteers and asked them to contact either Timmy Johnson or herself. She thanked Commissioner Daugherty for volunteering. Commissioner March 22, 2010 REGULAR COMMISSION MEETING Page 15 Woods stated she believes Ms. Johnson did a great job and she could put her on the volunteer list again. Mayor Borno thanked Ms. Johnson for her coordination of the Arts in the Park event, stating she does a great job. Commissioner Parsons agreed stating Timmy Johnson has done a great job. D. Authorization to contract with Bowen Civil Engineering, Inc. for the Design, Engineering and Permitting of Tideviews Preserve. This item was taken out of sequence and acted on earlier in the meeting. E. Change Order No. 3 to J. Collins Engineering Associates, LLC contract for the City's Final Design for Wastewater and TMDL Compliance Program (RFP 07-04) in the amount of $10,096. Donna Kaluzniak explained this change order, stating it was for sludge handling, which had not been included in the design for the TMDL treatment plant work. Motion: Aaprove Change Order No. 3 to TMDL Final Design Engineering Contract RFP 07-04 Moved by Parsons, Seconded by Fletcher Commissioner Parsons asked Ms. Kaluzniak what the balance was on this project. She explained there were a couple of lift station upgrade projects that were over-budgeted, and she was planning to use that money to fund this change order. Votes: Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED City Manager 9. City Manager A. City Manager's Report City Manager Jim Hanson reported the City received $1,000 from last year's Marsh Fest event. He further explained the Building Code Grading Schedule stating the insurance services office evaluates City Fire and Building Departments and assigns classifications to them. He stated the City's Building Department was recently re- evaluated and they received a Class 3 rating which results in an insurance cost savings. He also reported on a list of grants that have been awarded and those pending, which he gave a copy of to the Commission. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Daugherty • Reported on Dutton Island kayak launch and asked staff to provide a feasibility report to put in another launch on the north side of the island, adjacent to the March 22, 2010 REGOLAR COMMISSION_MELTING Page 16 existing fishing pier. He stated he would also like to look at the possibility of putting an additional fishing pier out there. • 75 West 10th Street has gotten worse since the last meeting. He stated West 10th Street is a major point of ingress into the entire community over there. He stated when the resident was told they couldn't park in their yard, they parked all their vehicles, trailers, etc. out on the road, which blocked traffic. He stated we should be stricter on the codes in cases like this individual. Commissioner Fletcher • Does not support directing staff to evaluate kayak launches or docks and believes the idea of pursuing a master plan is a great idea and these things should be done within the confines of a master plan. Commissioner Parsons • Stated Atlantic Beach has some of the most stringent water restrictions of any other city in the State of Florida, especially regarding the Building Codes. He stated he believes the restrictions are necessary but maybe we could do some kind of trading out with these citizens who are building. He stated he would work with Mr. Hanson to see what could be done as far as a swap for tree mitigation, etc. Commissioner Woods • Commended City Clerk Donna Bartle and her Administrative Assistant Nancy Bailey for their extreme professionalism during this entire process, stating they have exemplified civility. • Asked Mr. Keul to stay after the meeting and she would talk to him about his request. City Attorney Jensen • Needs direction from the Commission on how to respond to the letter from the attorney for the Estates of Atlantic Beach requesting a response from the City. He recommended it be made an agenda item at the next meeting and they address the issues so the Commission can tell him how to respond. Mayor Borno stated they will add that as an agenda item for the next meeting. Mayor Borno • Stated he and the City Manager will be addressing several topics when they go to Tallahassee tomorrow to meet with the elected representatives and if there are items other than what is on the list he distributed please give them to the City Manager. March 22, 2010 REGULAR COMMISSION MEETING Pa a 17 Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:21 p.m. Mike Borno, Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk