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Draft Min 5-10-10MINUTES REGULAR CITY COMMISSION MEETING May 10, 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 April 26, 2010. Motion: Approve the minutes of the Regular Commission Meeting of April 26, 2010. as written. Moved by Daugherty, Seconded by Fletcher Votes: Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. A. Jerry Holland, Duval County Supervisor of Elections Mayor Borno welcomed Jerry Holland, Duval County Supervisor of Elections. Mr. Holland explained the purpose of the proposed referendum which would put our elections in the same calendar spirit as the state and federal elections. Item 8C was taken out of sequence and acted on at this time. 8C. Charter referendum on election changes. City Clerk Donna Bartle gave an overview of her staff report stating staff concurred with Mr. Holland's recommendations. She explained each of Mr. Holland's requests and the results if these changes are made. She further explained additional changes proposed for the Charter as recommended by staff. Mr. Holland elaborated on each request and answered questions from the Commission. It was the consensus of the Commission to have staff bring an Ordinance back for a referendum for the June 14 Commission meeting. B. Denise Bunnewith, North Florida Transportation Planning Organization - Presentation of the Transportation Improvement Program (TIP) for Fiscal Years 2010/2011 through 2014/2015. May 10.2010 REGULAR COMMISSION MEETING Page 2 Jeff Sheffield, Executive Director of North Florida Transportation Planning Organization, gave a presentation on the Transportation Improvement Program, explaining the local area transportation improvement projects scheduled over the next five years. He answered questions from the Commission and explained the ITS. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Mike Townsend, 2137 Featherwood Drive W., representing Beaches Vineyard Church, thanked the Commission for the funds they allocate to the children at the Donner Park and Jordan Park facilities. He stated those funds are well spent and go a long way. He stated those City employees who have volunteered there and the Police Officers they have worked with have all been fantastic and he thanked them for their efforts on behalf of the children. He pleaded that they not give up on these children and stated he would like to see them all in college and out of trouble so we can see those areas in the Mayport Corridor revitalize themselves. Gray Thomas, 215 Washington St., with the law firm representing Commissioner Woods, addressed the Commission regarding Item 6A. He stated this resolution seeks to be a condemnation of Commissioner Woods for raising matters of public concern which constitutes retaliating against her for exercising her rights under the first amendment. He stated to take action as a collective body, as a government agency, in this regard would constitute a violation of the first amendment. He stated as a matter of both the law and sound public policy, the Commission should not approve the proposed Resolution 10-07. Trevor Richter, 457 Snapping Turtle Court West, addressed the Commission regarding Item 6A, stating he is in support of Commissioner Woods and believes she represents a good portion of the population in her challenge to the sewer project. He also addressed Item 8A stating he continues to believe it is a great step in the right direction but he continues to hope the amendment gets improved upon a bit more in terms of protecting the City's money and assuring that the trees are not cut before the development is approved and put in motion. Lyman Fletcher, 804 East Coast Drive, addressed the Commission stating he would like to make it a little easier for the townies who work downtown to be able to get to the meetings out here reasonably. He responded to Mr. Hanson's comments regarding the Water and Sewer Committee, stating he has long been a believer of the value of citizens' participation in the governance of the City. He further stated he supports Commissioner Woods and the issues and questions she raises need to be answered. Pamela White, 2069 Selva Marina Drive, addressed the Commission regarding Resolution 10-07. She stated Commissioner Woods has listened to the citizens of Atlantic Beach and questioned and studied every issue that has come in front of her and believes it is uncalled for and undeserved that they are voting on this Resolution tonight. She urged the Commission to drop this Resolution from being voted on tonight. She further explained her concerns regarding the Modification Agreement May 10..2010 REGULAR COMMISSION MEETING Page 3 with the Estates of Atlantic Beach stating she hopes the Commission's vote tonight is to amend the agreement using directional drilling so no trees will be removed. Janet Lambert, 314 Plaza, spoke in support of Commissioner Woods' persistent determination to help the citizens of Atlantic Beach understand why and how the decision to enter into a contract with the Estates of Atlantic Beach was made. She further stated she was opposed to the Resolution. Jackie Beckenbach, 2210 Oceanwalk Drive W. asked the Commission since when has it been mandated that government needs to speak with a single voice and applauded Commissioner Woods for representing the citizens. She further asked the Commission to give some thought to this Resolution that is being proposed because she does not believe it is in the best interest of the City. Katherine Davidson, 1913 Sevilla Blvd. West, spoke in opposition to Item 6A, stating she believes it's a resolution to basically censure Commissioner Woods for speaking up and questioning or opposing some of the Commissioners, City Manager or City Attorney. She further spoke in opposition to the Modification Agreement in Item 8A, and to the original agreement. She proposed other options of using a route that goes down existing pipelines or giving the whole problem of Buccaneer and TMDL to JEA. Steve Fouraker, 387 6th Street, disagreed with the City Manager's statement at the last meeting that the citizen committees and public involvement had nothing to do with solving our drainage problems. He summarized the activities of various citizens and committees during that issue, stating the result was Aikenhead and Odom created a design that had zero impact on root systems, did not change the overall look of the City and solved the drainage problems. He stated, although there were disagreements and dissention and certainly not one voice, the City has drained well since. He stated it did not get as personal as this has recently and he believes it was because the public was brought in to help solve this controversy. Mark Tomaski, 448 Snapping Turtle Court W., addressed the Commission regarding Items 8A and 6A, stating he is opposed to the Modification Agreement with the Estates of Atlantic Beach as it stands now. He also spoke in opposition to Resolution 10-07, stating censure of Commissioner Woods is contempt for the citizens. Harold Lippes, 800 West Monroe St., representing the Estates of Atlantic Beach, stated he believes "speaking with one voice" as mentioned in Item 6A, means that when all of the Commissioners speak, debate issues and then vote on something as they did last September, the Commission has spoken and it speaks as one voice and none of them should do anything to undermine what the Commission has done following the proper legislative procedure. He further discussed Item 8A, stating the original contract requires the City to remove those trees at the same time the sewer line is installed whether by directional drilling, open cut, or other method. He stated the only way to save the trees is to pass the Amendment. He urged the Commission to take a serious look at the issue and move on. Ma_y 10.2010 REGULAR COMMISSION MEETING Page 4 William Gulliford, 75 Beach Avenue, addressed the Commission regarding Item 8A, stating what we have heard throughout the process is the reaction to a number of people who have special interests which drives a certain amount of passion and commentary. He stated when you get to civility, it works when everybody plays fair, but when some people don't play fair, civility goes out the window, and we have seen some of that arise during this whole debate. He recapped the process and stated he hopes everyone will keep the priorities of all of this in the forefront and consider how we got here and where we might go. Jim Smith, 73 Oceanside Drive, 73 Oceanside Drive, stated although he is not particulazly sympathetic to either party, he is for monitoring and maintaining the integrity of our government and believes there are right and wrong ways to go about it. He stated the reputations of certain citizens and Commissioners and this body as a whole has been tarnished by doing it the wrong way, making false accusations, illegal assumptions and pure speculation. He stated, unfortunately, the implication has been clearly made that neazly everyone on this Commission, including staff members, have all conspired together and conspired with previous Commission members and with the Mayor of Jacksonville all to benefit one single, small developer; a claim which is not only preposterous but most likely impossible. He stated you would have to ask what would all these people have to gain by risking their political and professional careers, their reputations, their personal honor and integrity to benefit one small developer. He stated just because other members of this Commission don't agree with your actions or accusations, doesn't mean you are right and they are all corrupt or in collusion or conspiring against you, maybe you aze simply just wrong. He said it has been stated there aze a lazge number of citizens concerned about this; there are over 13,000 citizens in this City, where aze they? He stated it is only the usual activists and conspiracy theorists along with the few same Oceanwalk residents and some Sevilla residents who don't want a new neighborhood abutting theirs and losing a view they don't even own. He stated these same people have taken fact and non-fact and spun their own reality with fancy public presentations to create what appears to be a corrupt scenazio to benefit their own interests. He stated if you are going to use your Commission seat as being the speaker for your constituents then it has to be done responsibly, if not then you must be equally responsible for their slanderous statements and errors in judgment and be willing to take ownership and pay the price when all is said and done. He stated it is time for this nonsense to stop. He stated he, for one, would love to know if there is any corruption here so please cooperate and provide the proof for these incredulous claims and slanderous statements or accept the consequences for your actions and those you represent. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. Commissioner Parsons stated an email came out after the last meeting stating Mayor Borno neglected to ask the audience if anyone else wanted to speak and there was someone else who did want to speak and did not get the opportunity. He stated he did not know if the Mayor made that cleaz tonight but stated if anyone else wants to speak, now is the time and he just wanted to give everyone the opportunity. Mayor Borno acknowledged he missed a blue slip at the last meeting. Mav 10.2010 REGULAR COMMISSION MEETING Pace 5 Unfinished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow-up Report. Meeting City Manager Jim Hanson reported at the last meeting on user fees for parks and recreation facilities there was some discussion about what was meant about neighborhood and homeowner associations and any Commissioner was encouraged if they had some interest in that wording to get in touch with staff. He stated staff has not received any comments from the Commission regarding that, but included in the agenda packet are the definitions for neighborhood associations and homeowner associations. He stated those definitions seem to be in line with what staff intended when the Ordinance was drafted. He further reported on the Agreement with the Estates. He stated at the last meeting the City Attorney was requested to provide an opinion about whether or not the wording in the Agreement required the City to remove the trees. He stated there was also a question about whether the City was covered by the title insurance policy owned by the Estates. He stated Mr. Jensen has prepared a written opinion on that which was also in the agenda packet. Mr. Jensen stated since writing that opinion he has obtained the title insurance commitment insuring the City of Atlantic Beach's easement through that property from Stewart Title Company which verifies that fee simple interest in the land described in the commitment is owned by the Estates of Atlantic Beach, LLC, a Florida Limited Liability Company. He stated he believes there should be no question at all about the ownership of that property being with the Estates of Atlantic Beach. Commissioner Fletcher asked if the underwriter/representative of Stewart Title Company was provided a copy of the letter known as the Woodward letter in connection with application to this. Mr. Jensen stated they were provided with a copy of that letter and all other information he had regarding the title of that property. 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 Public Works and Utility Departments Project Status Report of April 30, 2010. Mayor Borno read the Consent Agenda. Motion: Anarove Consent Agenda Item A, as read. Moved by Parsons, seconded by Fletcher. May 10, 2010 REGULAR COMMISSION MEETING Page 6 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. 10-07 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DENYING CERTAIN STATEMENTS MADE BY CITY COMMISSIONER CAROLYN WOODS AND CONFIRMING THAT SAID STATEMENTS ARE NOT REPRESENTATIVE OF THE VIEWS OF THE CITY OR OF THE OTHER INDIVIDUAL CITY COMMISSIONERS, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Resolution in its entirety. He stated he put this Resolution on the agenda and feels strongly about it because there are many issues that people do not understand. He stated the reference to "speaking as one voice" means when an item is passed/failed by whatever the vote is, that is speaking for the voice of the issue. Motion: Aaprove Resolution No.10-07 Moved by Parsons, Seconded by Fletcher Commissioner Daugherty stated he believes each of the Commissioners should have the right to express their opinions. He stated the reason he is going to supports this Resolution is because of the letter written to Angela Corey. He stated anytime you go on record representing yourself as a Commissioner that is a document that is legally binding, not an opinion. He stated to represent yourself as a Commissioner asserting that things are going on and to pass along information that is not correct is irresponsible. He stated he is going to support this because we need to be very careful what we say. He stated the Resolution does not censure Commissioner Woods, it says although she has some opinions, it is not the rest of the Commission's opinions. Commissioner Fletcher stated the part of the process that concerned him was the statement regarding Fleet Landing transferring two properties to Sones as well as another comment that was not rearticulated in the Resolution that said years of legal maneuverings enabled Sones to do what he is doing on that property. Commissioner Fletcher stated he requested that Commissioner Woods either substantiate these comments or retract them and they never saw any evidence that the statement that Fleet Landing had transferred two properties to Sones was correct. He stated it is not correct and was never retracted and the comments about the legal maneuverings just amounted to slander because there was never any substantiation or explanation. He stated if Commissioner Woods had made an effort to explain those comments, he would not be supporting this Resolution. He stated if she wanted to retract them now then maybe he would consider not supporting this. Mav 10, 2010 REGULAR COMMISSION MEETING Pace 7 Commissioner Woods stated this Resolution seems to hold her accountable for questions she asked. She stated, keeping in mind that the purpose of a question is to determine facts, it presumes that the questioner does not know the answers to the questions. She stated they have continually asked her to defend, justify and answer her own questions. She asked shouldn't people be held responsible for information they provide to the Commission that the Commissioners use to base decisions on; for example, would staff be responsible for writing in a report for a Commission meeting that the new engineer's report is "recommending a new combination of routes that would have saved considerably more money than those recommended earlier"? She stated, as represented in the report, all of the route options were more expensive than any of the routes recommended earlier, which raises questions for her and should raise questions for the Commission, as well. She stated, as for the Resolution, she tried to write the letter as a citizen but by the time she had included all of the attachments, many of which identified her as a Commissioner, she decided she might as well come out and say she was a Commissioner. She stated if Mayor Borno and Mr. Jensen had spent half as much time reading the letter and attachments, as complaining about it, they would have read her basis for writing the letter, her intent and trials and tribulations of trying to discover all the answers herself. She stated she included an itemized document list of eleven items enclosed all explaining where her questions originated. She stated Richard Komando is the lead attorney reviewing this matter and the State Attorney's Office always welcomes anyone with any information to come forward and contact them. Mayor Borno reiterated this Resolution does not have anything to do with Commissioner Woods' first amendment rights to ask questions. Commissioner Fletcher stated, in the request to the State Attorney to open up a criminal investigation, the comment was made that Fleet Landing transferred two properties to Sones. He stated whether you are acting as an individual or a Commissioner, words that we communicate to people like Richard Komando must be chosen carefully and substantiated, which is the major concern he has with Commissioner Woods' communication. He stated it is the veracity and the failure to provide the evidence Commissioner Woods is relying on to write that and the unwillingness to retract. Roll Call Votes: Aye: 4 -Borno, Daugherty, Fletcher, Parsons Nay: 1-Woods MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 95-10-100, Public Hearing and Find 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 EFFECTNE DATE. Mav 10 2010 REGULAR COMMISSION MEETING Pace 8 Mayor Borno read Ordinance No. 95-10-100 by title. Motion: Auprove Ordinance No. 95-10-100, as read. Moved by Fletcher, seconded by Woods. Mayor Borno opened the Public Hearing. Lyman Fletcher, 804 East Coast Drive, asked whether any of the fees related to committees of the City or citizens groups, such as MazshFest. He stated those groups aze not formally committees of the City but aze activities the City sponsors and the citizens groups are doing the business of and relating to the City. Mayor Borno stated the only two organizations that aze differentiated in the Ordinance aze the neighborhood groups and homeowners associations. Assistant City Manager David Thompson stated there is another section that was added that includes "events at any City facility put on by any unit of federal, state or local government shall be exempt from any of the fees required in this section." He stated if there is someone working in conjunction with one of the committees or groups within the City they would not charge them. Mr. Hanson stated his understanding is that they would have to be a City committee appointed by the City, not just a group of people wanting to talk about an issue, who would be treated just like any other private group for any other purpose. Mr. Hanson stated MarshFest is exempt. Cindy Corey, 394 8t~ Street, stated she is still appalled we aze charging for our community centers. She referred to the work of the Bull Pazk Subcommittee, which was not a committee of the City, stating they spent weeks identifying issues with respect to Bull Pazk, the community center and the use of it. She stated they successfully garnered support for the renovation of Bull Pazk and the community center. She stated their vision for the community center was for a center that would be utilized by the community, open in the evening, have after school programs, a place for seniors to gather, etc. She stated it was never seen as a profit center, but rather an amenity for the community. She stated she believes they are being double taxed; they pay their taxes to use the facility. She stated it makes sense when a group from outside the community wants to use it, to have it generate revenue, but not for the citizens. She stated she opposes this strongly and opposes any fees to any citizens who pay taxes. Mitch Reeves, 1663 Sea Oats Drive, stated he supports the Ordinance. He stated it is a community center and he believes the people in City Hall would be able to make the decision of who gets charged and who doesn't. He stated they are way under the other centers' rates for rentals to private parties and he believes we should get top dollaz for those rentals. He stressed the importance of community and stated if a group within the community wants to meet there, it should be used as a community center with no doubt whatsoever that there is no chazge. William Gulliford, 75 Beach Avenue, stated they need to look at it as a community center for the benefit of citizens and, although he understands charging, he also believes it does serve a purpose and that purpose needs to be considered. He believes Mav 10, 2010 REGULAR COMMISSION MEETING Pace 9 organizations should have the right to meet there without having to be charged for the use of that building. Rick Be11,1952 Beach Side Court, asked if homeowner associations get charged. He stated he agrees with Cindy that the City should facilitate people meeting there. He stated he does understand about the wear and teaz on the building and agrees that parties, etc. should be chazged. Mr. Hanson stated this Ordinance does not change what homeowner associations are currently charged. He stated any recurring user would be charged $25 for the use of the building, which has been the change for many years. He stated the question that came up was what constitutes homeowner associations. No one else from the audience spoke, so Mayor Borno closed the Public Hearing. Commissioner Daugherty stated this is a community center, built and paid for by taxpayer dollars, not only from the citizens of Atlantic Beach but from the citizens of Jacksonville as well, and as such it should not be treated as afor-profit institution. He proposed amending the agenda item to include "citizens groups" which in his opinion would include groups like book clubs, quilting bees, etc. Mayor Borno asked where he would like to add that. Motion: Amend Ordinance to add "citizens groups" under Sec. 5-32, item (b) after not-for-profit groups and on second and fourth lines of second page after not-for-profit. Moved by Daugherty, Seconded by Woods Commissioner Woods stated she does not believe neighborhood association type groups should be charged at all because that is the whole concept of a community center. It is for citizens to have a place to gather and discuss issues they are concerned with. Discussion ensued regarding defining "citizens group" and it was the consensus of the Commission to pass the Ordinance without an amendment and then get with staff and, within 30 days, bring back good documentation and amend it at that time. Commissioner Daugherty withdrew his motion, Commissioner Woods withdrew her second. Votes: Aye: S -Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Modification Agreement with the Estates of Atlantic Beach, LLC. City Manager Hanson explained the Modification Agreement. Mav 10, 2010 REGULAR COMMISSION MEETING Page 10 Motion: Do not accent the Modification to the Agreement with the Estates of Atlantic Beach and direct the City Manager to proceed with the nroiect according to the contract using the directional bore method. Moved by Daugherty, seconded by Woods Commissioner Daugherty stated he does not hold any malice toward Mr. Lipper and appreciates the professionalism with which he responded to his emails. He explained his reasons for being against the agreement. He stated he believes it would be irresponsible for us to agree to this amendment. Commissioner Fletcher stated one option would be to say we will pay the $140,000, which is our estimated tree mitigation expense, subject to a declaratory judgment on the intent of the contract which would resolve all of the questions. He stated the intent of the contract is for the trees to come out in connection with the installation of the forcemaln. He stated everybody acknowledges that the trees were supposed to come out in connection with the installation of the forcemain. He stated a second option would be to leave the contract alone, at which point our neighbors in Oceanwalk would lose the trees behind their houses. A third option would be to approve the amendment and spend no more money than they would have on tree mitigation and removal. Commissioner Daugherty stated he is not disputing there is potential liability for mitigation costs and the $140,000 is for payment for both mitigation costs and removal of trees. He stated the potential liability is a lot less because nowhere in the contract does it specify we are responsible for removal of the trees, only the mitigation costs, so that $140,000 could be less. He stated where he has a problem is in giving this money to a developer instead of giving it to a mitigation fund. Commissioner Fletcher stated we have to contemplate some amount of consideration for using their property for this forcemain. Commissioner Daugherty stated they did get the consideration in that we agreed to let him connect to Selva Marina Drive, and that we would not challenge him to build the project. He stated being connected to Selva Marina Drive is very valuable for that property versus being connected to Mayport Road. He believes he did get something for this contract. Mr. Hanson clarified that the City was very careful and did not make any determination of giving access in exchange for an easement. He stated that question was raised early on and the City did not barter away any access rights for this easement. He stated the City Attorney came to the conclusion that they did have that right to begin with and that right was acknowledged but it was not a consideration of this exchange. Commissioner Daugherty stated he believes it is irresponsible, before we know if they will be permitted to build a road, to put the money out there. Commissioner Fletcher stated we have a contract that is not contingent on approvals and permits. Mayor Borno stated that was exactly right and that is something we need to keep in mind. The original contract was approved September 14, 2009. He stated the intent of this project was to get the sewer line in but everybody keeps getting off on tangents on trees, money exchanged, trusts, etc. which are all side issues. Commissioner Woods distributed a handout to the Commission. She stated, in 2004, staff presented a staff report to the Commission concerning the Estates of Atlantic Beach Development Properties possibility. She stated we all know Jim Hanson runs a Mav 10.2010 REGULAR COMMISSION MEETING Pace 11 tight ship here at the City, controlling everything from the Commission agenda to who can talk to City staff and contractors and there is no doubt that this report was approved by him even though given by Sonya Doerr. She stated this may not be that unusual except for the disclaimer that all the information had been provided by the developer. This report was basically a dazk foreshadowing of the development that could come, based on City of Jacksonville's Comp Plan and Codes. Among the information was a claim that this property could support 4S0-S00 multifamily dwelling units. She stated this raised some questions: why is the City taking up staff time and resources to do a developer's presentation; why did the developer not come and address the Commission himself, as most do; did the City vet this information before presenting it to the Commission. She stated until she looked at her public record requests, she was unawaze of some pertinent information the City Manager had prior to the September 14, 2009 vote and accused him of choosing not to shaze this information with the Commission in his staff reports; mainly that the City of Jacksonville would only consider an application for trees that would be affected by the pipe installation at this time, not for the removal of trees in an unpenmitted roadway. She stated that information is in an email between Gordon Grimes and Jim Hanson dated September 9. She asked if this was why he and some Commissioners have pushed so hazd to insist the agreement called for open cut, so they would have to remove the trees. Even explicit maps, most discussion and all the cost estimates were about directional drilling, not open cut. She stated the second thing she learned was that, according to the City of Jacksonville Codes, there aze no protected trees in a permitted roadway, so there is no mitigation required and therefore no cost once permits are required. So what are we paying $140,000 for? If this development is going to be built, permits will be required and once the permit is acquired there aze no mitigation costs. There are no protected trees in a permitted right-of--way. She stated if staff had done their homework we all would have known there was no cost to remove trees when a subdivision is permitted. She stated she would like to know why this information was withheld from the Commission and why has the City Manager continued to insist all the trees must come down, per the agreement, while knowing COJ would not permit their removal because they don't need to come down to put the pipe in. She further asked, why has the City Manager continued to push for a payment of $140,000 for tree removal that is not possible, per the City of Jacksonville Codes? Commissioner Fletcher asked where it says that he can't take out trees unless he is building a road. Commissioner Woods stated that is not what she said. She stated she said the way it reads is that Kim, who is the City of Jacksonville landscape architect, said that she would not consider tree removal unless it was required for that pipe installation. Commissioner Woods further asked why does the City keep pushing for payment for tree removal that would not cost the developer anything, once the permit is permitted. It says Kim did agree that if the pipeline was directional drilled across the property then the only mitigation that would be considered is what trees had to be removed to accommodate the equipment. Commissioner Fletcher stated it doesn't say they can't cut other trees down. Commissioner Woods stated that is in the City Codes and she stated she has a sheet about that, too. And it says, Sec. 656.1205, removal of protected trees prohibited, and there are exceptions. One of the exceptions is number 7, any tree located within an existing or proposed right-of--way and/or easement shown on a set of approved final construction plans. They may be removed during construction of such improvements. She stated that's pretty clear. So, I'm wondering Mav 10.2010 REGULAI,t COMMISSION MEETING ,Pa¢e 12 why we are even having this discussion time and time again and it even seems to me that the Commission has been encouraged, recommended by City Staff, to approve a contract that they can't uphold. If we can't get a permit from the City of Jacksonville to take down trees that aren't required to put in our pipeline, then how can we get permission to clear cut the roadway that hasn't even been designed, much less permitted? I think we are in a real conundrum and have real issues with our contracts. Have these permits been requested? Applications made? I asked that a long time ago and I got in trouble by the City Attorney for asking St. Johns River Water Management District what permits would be required and it really bothers her that she had to spend all this time digging around in public records and doing her own research through the City of Jacksonville Codes for information that she really feels is the responsibility of staff to supply the Commission so they are making information, fact-based decisions. Commissioner Fletcher stated we have to construct a forcemain and we have to have an easement over that forcemain to maintain it, which would contemplate clearing the trees. Commissioner Woods stated you don't need to take the trees down for direct drilling. Commissioner Fletcher stated to do a maintenance easement over that you absolutely would. Commissioner Woods asked if there was an engineer who could explain to her and Mr. Fletcher how much maintenance, in the first 25 years, direct drilled pipes are going to need. Commissioner Daugherty stated he believes it is very routine that they put pipes underneath buildings, etc. and believes that is the whole purpose of direct bore drilling, going under areas you don't have access to. Mayor Borno stated when we approached the Estates of Atlantic Beach for permission to utilize their property, the Commission directed the City Manager to negotiate with them, which is what staff is supposed to do. He stated if the Commission is going to micro manage and get into negotiating each and every facet of a contract they will never get their job done and that is not what our Charter says the Commission's job is. The Commission's job is to act on the best information they have and if they have questions, then they should bring those questions up. Commissioner Woods stated she did raise questions about permits and was told she wasn't allowed to contact agencies and ask these questions. Mayor Borno stated the permits are not a City issue, it is the developer's if and when he goes to develop. Commissioner Woods stated if we are going to take down any trees it is our issue to get a permit and the person at the City of Jacksonville has told our engineers, who informed our City Manager, that the only tree removal she would consider are those trees necessary to take down to put the pipeline in. She further stated when we are using direct drill, those trees do not need to come down, so how can we fulfill our contract that states we have to clear cut this roadway. Mayor Borno stated there could be trees affected by direct drilling. Commissioner Woods stated there could be but it would not be the entire length. She stated the contract says we have to clear the whole thing and the COJ codes say we can't, so now what do we do. Commissioner Fletcher stated there is not a prescribed way to drill in the contract and it will cost an additional $60,000. Commissioner Woods stated every cost given to this Commission was for direct drilling and they are telling her that was not the intended method of installation then she really feels like she has been lied to. Commissioner Woods asked to call the question. Mav 10.2010 REGULAR COMMISSION MEETING Pase 13 Roll Call Votes: Aye: 2 -Daugherty, Woods Nay: 3 - Borno, Fletcher, Parsons MOTION FAILED Motion: Apurave the Modification Agreement with the Estates of Atlantic Beach, LLC Moved by Parsons, Seconded by Fletcher Commissioner Woods stated she would like some of her questions answered; why did they not have this information and how did we end up in a contract like that. Mayor Borno stated he did not have those answers right now. Mayor Borno called the question on the vote. Roll Call Votes: Aye: 3 - Borno, Fletcher, Parsons Nay: 2 -Daugherty, Woods MOTION CARRIED $. Report on ditch/sidewalk/handrail complaints. Assistant Public Works Director Tim Gilboy gave an update on the problems with the Robert Street ditch and the progress on addressing the issues. C. Charter referendum on election changes. This item was taken out of sequence and acted on earlier in the meeting. City Manager 9. City Manager A. City Manager's Report Mr. Hanson asked David Thompson to give an update on the Mayport Corridor. Mr. Thompson reported on the Gospel in the Fark event and the activities and new programs planned for the Mayport Corridor area, including Crime Prevention Through Environmental Design (for which Dale Hatfield has become certified), a Business of the Month program, door-to-door residential surveys, and movies in the parks. He stated the Vineyard Church has also been very active with the children in this area. Mr. Thompson stated Mr. Hatfield is also going to begin certifying businesses in Atlantic Beach to be able to do business with the Navy. He further explained the crime rate is way down, especially violent crime. Commissioner Parsons stated when he was a member of the Mayport Corridor Committee they had a business of the month and the chairman may still have the list of who received certificates for this. Mav 10.2010 REGULAR COMMISSION MEETING Page 14 Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney City Clerk Bartle Asked for guidance from the Commission regarding the request from the citizen tonight that her comments be put verbatim in the minutes. She stated normally they would not do that and her understanding was that the Commission directed that not even one Commissioner can make that request, which she must abide by. She stated to offer that person the opportunity to have their comments known, it would be best if they would submit the written document they are reading from to the City Clerk and it will then become a public record. She stated it was brought up at the last Commission meeting that people should get up so their voice can be heard and they will be put in the record. She stated there are other ways to get put in the public record, such as emailing the City. It was the consensus of the Commission to allow the written document to be submitted as a public record and not type her comments verbatim in the minutes. Commissioner Woods • Stated it is a sad day in Atlantic Beach. Commissioner Daugherty • Although the vote did not go the way he wanted he will not hold any animosity and believes they need to accept the will of the Commission as a whole and move on. He stated, in the future, he will support all of the decisions of the Commission. • Reported he will be out of town May 21-June 1 in order to attend a conference. • Stated if the pier at Tideviews is on the next agenda, he will review it before he leaves and will prepare some remarks that he would like read at the next meeting. • Stated he is very impressed with the Vineyard Church and disclosed he will start attending that church based on the work they are doing. • Has been working with some of the City staff on the idea of a northerly kayak launch point near the existing pier at Dutton Island and asked the City Manager to give a report on the feasibility and the cost associated with doing something like that to be presented at the meeting of June 14. City Attorney • Advised he will be receiving a corrected grant of easement from the Estates of Atlantic Beach, due to the minor correction in the legal description for the Estates property. • In order to make sure things are correct in the minutes, he stated he did not tell Commissioner Woods she was not allowed to contact the St. Johns River Water Management District, as she stated twice tonight. He stated he believed he told her she was free to contact them, but distinguished between contacting them individually or contacting them in her capacity as a City official, especially when it related to a project outside the City of Atlantic Beach. Mav 10.2010 REGULAR COMMISSION MEETING Page 15 Mayor Borno • Encouraged the Commission to take the time to meet with staff if they have questions about anything on the agenda. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:18 p.m. Mike Borno, Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk