Agenda Item 1MINUTES
REGULAR CITY COMMISSION MEETING
February 13, 2012
CITY HALL, 800 SEMINOLE ROAD
IN ATTENDANCE:
Mayor Mike Borno
City Attorney Alan C. Jensen
Mayor Pro Tern Maria Mark
City Manager Jim Hanson
Commissioner Mark Beckenbach
City Clerk Donna L. Bartle
Commissioner Jonathan Daugherty
Recording Secretary Nancy E. Bailey
Commissioner Carolyn Woods
Call to Order/Pledge:
Mayor Borno called the meeting to order at 6:30 p.m. Commissioner Beckenbach gave the Invocation,
followed by the Pledge of Allegiance to the Flag.
1. Approve the minutes of the Regular Commission Meeting of January 23, 2012.
Motion: Approve the minutes of the Regular Commission Meeting of January 23, 2012.
Moved by Daugherty, Seconded by Mark
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
2. Courtesy of the Floor to Visitors.
Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the
process for public comments.
Robert Persons, Jr., 311 10 Street, former Mayor of Atlantic Beach, addressed the termination of Mr.
Jensen at the last meeting, stating he and all of his friends are against that, including Hank Isaacs, Kenny
Richards, and Adelaide Tucker. He gave the background of Mr. Jensen's time with the City stating he has
done a wonderful job, is widely known in the legal profession as one of the best and brightest, and the City is
extremely fortunate to have him as their counsel. He further stated Mr. Jensen has institutional knowledge
which is something that has to be maintained for a city to be able to do well, especially when it deals with
other cities like Jacksonville. He stated the Commission should do what is in the best interest of the City and
citizens and keep Mr. Jensen as long as possible.
Dale Westling, 3241 Old Barn Rd. W., Ponte Vedra Beach, stated the termination of Alan Jensen took
place at a meeting where the item had not been on the agenda and that lack of procedure created a firestorm
that continues to this day. He stated there was an attempt to justify the procedures thirteen days after, on
February 5, by Commissioner Woods. He read from a Letter to the Editor from Carolyn Woods stating the
State Attorney General had given an official opinion that the action to terminate Alan Jensen's contract at the
January 23 Commission meeting was in full compliance in accordance with the law. He stated he has been in
the law business for 37 years and knows the Attorney General's office doesn't sneeze in less than five months
so how did this Commissioner get a written Attorney General's opinion in 13 days. He stated he looked it up
and could not find that Attorney General's opinion. He stated he then checked with Mr. Jensen, who as City
Attorney, could get things more quickly out of the Attorney General's office. He then read an email Mr.
February 13 2012 REGULAR COMMISSION MEETING Page 2
Jensen received from the Attorney General's office on February 7 which stated no opinions of the Attorney
General's office, either formal or informal, had been issued with comment on the Atlantic Beach City
Commission meeting of January 23, 2012. He stated the words clearly quoted by Commissioner Woods,
were just made up; it was a fabrication given to the Editor of the Times Union. He stated these words just
came out of the blue, they were made up in an attempt to try to justify what the Mayor called an ambush. He
stated it is clear that it has happened and it is uncontradicted what has occurred here. He asked why would
the Commissioner who has given this made up false quote of an Attorney General's opinion not resign and
leave and let this City get on with its business and not be the laughing stock of the community that he has
lived in his entire life.
Dee Reiter, 1798 Selva Marina Drive, stated she wants this Commission to get its head back and get
focused in a positive direction. She stated she is a lawyer and has been practicing since 1984 and stated Mr.
Jensen is a very knowledgeable, effective, reasonable attorney and is always prepared. She stated he has this
historical institutional knowledge and knows what the rules and procedures are because he was involved
when that last rule was passed. She stated she believes it is a shame and embarrassment regarding what
happened at the last meeting and cannot imagine that someone would think it appropriate to fire a long -term
City Attorney without any notice or making it an agenda action. She stated it bothers her greatly that
someone is so without knowledge about the rules of the City and the procedures that they didn't know that
that was inappropriate and actually against the law. She stated she applauds Commissioner Mark about
putting an item on the agenda rescinding the action. She asked the City to rescind the firing and keep Alan
Jensen as the City Attorney.
Judy Beaubouef, 1209 Beach Avenue, she stated there has been a suggestion in the newspaper and emails
sent to her that the last City election was really a referendum on the City Attorney. She stated she supported
change in the last City election. She stated she thought it was a referendum on transparency but was she
surprised to find out on January 23� they did not put an agenda item on and dropped the bomb. She stated
she is here to say that they need to get back to that referendum on transparency.
Robert Willis, 317 6 Street, stated he is the next door neighbor of Commissioner Wood and Mr. Jensen is
his long time friend. He stated he was here on behalf of Mr. Jensen and what motivates him was what he
considers to be the shameful way this was handled on January 23� and the shameful action itself that was
taken and the truly shameful way, after the fact, the comments that appeared in the newspaper and elsewhere
to try to justify what was done. Comments questioning Mr. Jensen's integrity, his professionalism, his legal
competence are pure nonsense. He stated you cannot find a member of the bar or any member of the
judiciary in this area that would say other than what you have heard here tonight, what a wonderful lawyer
Alan Jensen is. He urged the Commission to reconsider their actions of January 23 and retain Alan Jensen.
He stated there is not a person in this part of the world that is as qualified for this job as he is.
Garland Chick, 2246 Oceanwalk Dr. W., stated he voted for the newly elected Commissioners on the basis
of their desire for open government and the need for change. He stated some of the changes involve people
managing our City and believes they are trying to do what they said they would do and he supports them.
Kirk Hansen, 2393 Ocean Breeze Court, stated it is a shameful thing that people who campaigned on being
transparent and open would do something that wasn't even on the agenda. He stated there is currently a
lawsuit in which the City of Atlantic Beach is a co- defendant and whereas the City Attorney has successfully
indemnified the City in this suit, the final judgment is still pending and the City Attorney is involved in the
defense. He stated one of the Commissioners has funded the same lawsuit against the City, through his
involvement in forming and funding a 501(c)(3). He stated regardless of his present relationship to the
501(c)(3) that should preclude that Commissioner from making any motion with or without cause to remove
February 13, 2012 REGULAR COMMISSION MEETING Page 3
the City Attorney and if a motion is made that Commissioner should recuse himself, since he obviously has
some sort of vested interest in the lawsuit beyond and contrary to the interest of the City. He stated the
question becomes, is this being done to disrupt the defense by eliminating the City Attorney who has the
background and institutional knowledge to be most effective, or is this simply in retribution for opposing a
Commissioner's personal interest. He stated he prefers a City Attorney who is successfully defending the
City in a lawsuit as opposed to a Commissioner who funds a lawsuit against the City in his own personal
interest and in detriment to the City of Atlantic Beach.
Christopher Martin, 44 Dewees Avenue, supports the action taken by Commissioners Beckenbach, Mark
and Woods at the last Commission meeting. He stated he worked very hard in the last campaign for change
and one of the top items was the replacement of the City Attorney. He stated he is happy with what they did
but is unhappy with the way it was done and wishes it would have been a little cleaner, neater and nicer. He
stated we can go back and regret that all we want but what they did was right.
Mark Tomaski, 448 Snapping Turtle Court West, stated he was here to talk about the vote with regards to
the replacement of our City Attorney. He stated he understands it is difficult, painful and public and
friendships are involved. He stated the vote at the last Commission meeting was a vote of confidence or lack
thereof, it was just that simple. He stated the City Attorney works at the pleasure of the Commission. He
stated there was a campaign and there were many issues and the main issue was open government. He stated
he believes this was handled poorly. He stated he campaigned on open government, still believes in it and
still hopes they continue to work toward open government and believes there should be some contrition this
evening. He stated another issue in the campaign was the change in the way the City does business. He
stated there was a mandate to change non - elected officials, if needed, which is being reviewed tonight. He
stated this needs to be done in the same civility as one expects from their election, which was civil. He stated
although he and Mr. Jensen haven't agreed on everything, he has always been a gentleman to him personally
and he thanked him. He stated he believes the vote was correct at the last Commission meeting. He stated it
is inappropriate to base City business on friendships and asked that they put emotions aside to make a
decision tonight and give all the citizens the respect due in seeking a new City of Atlantic Beach counselor
and return this City to its business at hand.
Sally Clemens, 1638 Park Terrace West, stated there are two sides of the coin. One side of the coin is the
value of change in elected, appointed and volunteer personnel every seven or so years in order to have a new
fresh insight and perspective. The other side of the coin is having longevity because this gives continuity.
She stated most of us want our same physician, dentist, hair stylist, accountant and attorney. She stated the
question tonight is which side of the coin will best serve Atlantic Beach. She further asked if there is a
serious proposal to consider hiring three attorneys for Atlantic Beach or is she interpreting this wrong.
Tracie Parsons, 1970 Mipaula Court, stated she was reiterating most of what had already been said that
Alan Jensen has done an outstanding job for the City of Atlantic Beach and for that reason alone should be
left where he is. She stated as Sally Clemens said we don't change for the sake of change our attorneys,
dentist, or doctors; we have to have a reason for changing them and there is no reason to change Alan Jensen.
She stated the biggest issue is that the newly elected Commissioners and their supporting Commissioner ran
on open government and transparency and they totally and completely acted as a closed and non - transparent
government and she believes they all should step down.
John November, 647 Beach Avenue, stated he believes the direction the City is heading is something to be
very proud of and believes we have a great Commission. He stated there is no greater example of what a
great Commission we had than at a recent workshop related to the Police Station. He commended Mayor
Borno's actions to lead this Commission toward a resolution of City involvement and having those
February 13, 2012 REGULAR COMMISSION MEETING Page 4
workshops over these six weeks has been absolutely tremendous. He stated they have given citizens the
opportunity to provide input on matters that are core to the future and the vision of this City. He stated in a
very respectable move, he believes Mayor Bomo decided on the issue of appointing committees to act in a
way that is completely consistent with what our founders of our City would have wanted and to allow each of
the Commissioners to have a say in who shall be appointed to committees. After being asked for an opinion
on this matter by Commissioner Beckenbach, City Attorney Jensen gave an opinion that was an interpretation
of what his belief was as to what the Charter said. He stated interpretations are not necessarily a fact they are
not absolute, they are just that, interpretations. He stated he believes that interpretation that Alan Jensen
made that day was not consistent with what our founders intended in the Charter, didn't provide enough detail
and was just an interpretation. He stated, in his opinion, the Mayor does not have the exclusive right to
appoint committees but at this juncture he believes we need to move together as a City toward the future and
do whatever is needed to move forward in solidarity as we were before this issue came up with the City
Attorney. He further introduced the idea of a Mason McLeod Memorial Celebration on March 30 and 31,
2012. He explained the proceeds will go toward the Mason McLeod Scholarship fund and the Atlantic Beach
Community Educational Programs. He gave some background into his friend, Mason McLeod's life and
death, stating he believes there is no better way to honor his memory than to have a fishing tournament and an
interactive educational program. He stated he appreciates the City hosting the event at Dutton Island and
Tideviews. He stated although the decision has not been made as to whether the City will sponsor the event,
he believes it would be an excellent idea and invited everyone to join them at the celebration on March 30`"
and 31 s '.
Steven McLeod, 13221 Mt. Pleasant Road, father of Mason, thanked the City for hosting this event. He
further gave some insight into his son's life and explained how his death was the result of an airplane crash
while on duty as a park ranger. He also explained the Duke Talent Identification Program (TIP), for which
they have chosen to offer the Mason McLeod Scholarship, stating there is myriad help for kids with problems
but little for the extremely gifted children, those who will score in the upper one quarter of the upper one
percent in the nation. He stated the family and friends of Mason Scott McLeod thank them for their help,
without which they would not be able to accomplish their goals.
Jim Smith, 73 Oceanside Drive, stated this will be a bit repetitive, but the fact that it is repetitive is a sign of
the overwhelming support for Alan Jensen. He stated Commissioners Beckenbach and Woods have so
strongly endorsed government transparency and more citizen involvement but they have acted with a serious
lack of transparency and breach of citizen trust in their dubious attempt to ambush a termination on the City
Attorney, which would have been with no notice, no cause, immediate and with no back -up plan leaving the
City without representation for its ongoing legal business. He asked where was the transparency and citizen
involvement in such a major act on behalf of the City. He asked that they please explain to the people they
serve how their plan would have benefitted the City and the citizens and wasn't what it really appears to all of
us not so stupid people as being a vendetta. He stated he wants to know how firing this man is going to
benefit him and the citizens and he is going to send them an email asking them and he would like an
explanation. He commended Commissioner Mark for thinking this out logically before taking such drastic
measures and would also like to commend Commissioner Daugherty in questioning the unlikelihood of two
separate Commissioners attempting to take such action. He stated Commissioner Beckenbach gave a great
blessing at the beginning of tonight's meeting and stated he wanted to see if he is a man of his words.
Jim Naughton, 1719 Beach Avenue, stated he was here in support of Mr. Jensen. He stated transparency
did not come forward. He stated he couldn't believe the way this occurred. He asked what did the man do?
He stated he doesn't understand why the citizens haven't been told what in the world it was that Mr. Jensen
did to cause this termination. He stated losing a job is a big, big deal, but the main thing is the fact that when
you work as hard as Mr. Jensen has for the City for 30 years, he has a right to know and we as citizens have a
February 13.2012 REGULAR COMMISSION MEETING Page 5
right to know what caused this action. He asked that they reconsider and amend their vote and get back to
taking care of the City business at hand.
Bill Mayhew, 1870 N. Sherry Dr., spoke in support of the majority of the Commission regarding the
situation with the City Attorney. He stated they need to get beyond the emotions and politics of this situation
and deal with the reality. He stated the situation with the City Attorney is not a new one; it was aired before
and during the last election and was in the newspaper. He stated the action should not have surprised anyone
who followed the election. He stated it appears that a majority of our elected representatives have lost
confidence in the City Attorney's ability to render impartial opinions on certain matters. He stated the
termination action was brought up and voted on in an open meeting, not in some back room. He stated if it
was not properly handled last time, surely it will be tonight. He stated this is not to say the City Attorney is
not a good man and he has many friends, or that he doesn't know the law, only that some of his opinions have
been judged to be unfairly favorable to the traditional power structure of City Hall. He stated the City
Attorney could have resigned and saved this City a lot of turmoil and divisiveness. He stated that is the
normal protocol when there is a change in a political power structure and one knows his services are no
longer wanted. He asked what purpose will it serve to rehash the charges and defenses of the charges. He
stated if the majority of our elected officials have lost confidence in the City's attorney, he should resign. He
stated our newly elected officials were brought in to effect meaningful change in a process that was viewed
by many as one being run by the good old boys. He stated a lot of people worked very hard to accomplish
this desired change and the termination of the City Attorney is part of this process. He stated the newly
elected officials asked to be on this hot seat and asked that they don't back down now.
John Wagner, 341 8 th Street, stated beyond the emotion that goes with the support for Mr. Jensen in this
role, he believes that not only should his service to the community be considered but also if there is due cause
for him to be released from this position, those specific cases for why that should occur should be noted and
made public so everyone is aware of the actual reasons beyond just a lack of confidence. He read Resolution
09 -17, stating he believes it is a tremendous vote of confidence for Mr. Jensen for his service to the
community and asked why they would now go in the complete opposite direction of this document to say that
Mr. Jensen is not fully successful in his role in this position for the community.
Harold Lippes, 504 Quail Point, Ponte Vedra stated all of the anger and hostility has already interfered
with their business much more than it should have and it is now time to leave angry feelings and the hostility
that comes with that in the past. He stated they are in a path to perpetuate and escalate hostilities, which are
already out of control. He stated for the benefit of the community it is time for the Commission to pledge
civility, respect and professionalism moving forward and take a new path toward a peaceful and productive
place, debate the issues openly, honestly and respectfully, and vote based on what you think is best for
Atlantic Beach. He stated they should respect those with opposing views because the democratic process
works best when there is an honest and respectful debate. He stated Mr. Jensen's advice to the Commission
about appointment of committees was very sound and there is strong authority supporting his position. He
stated there aren't any reasons to debate that because it doesn't matter if he was right, he shouldn't be
criticized for rendering an opinion you disagree with. If you disagree on the meaning of the Charter and it
isn't clear, do whatever needs to be done to change the Charter and make the language clear. He stated Mr.
Jensen is an outstanding lawyer, has been a member of the legal community here for over 25 years and we
don't have too many folks who are as well respected as that gentleman. He stated he has done a great job for
their community and asked that they please take a step back, take a deep breath, think positive thoughts, leave
all the anger and hostility in the past and give all major decisions, including any decisions concerning Mr.
Jensen, the time and consideration they deserve. He thanked Commissioner Mark for her acknowledgement
and apology which was published in the paper for the Commission's mistake at the January 23, 2012, which
was refreshing. He stated he believes she took the first step down the new path toward a peaceful and
February 13.2012 REGULAR COMMISSION MEETING Page 6
productive place and he knows that Mayor Borno is aching to lead you down that path and asked that they
please follow him.
Bill Gulliford, 75 Beach Avenue, spoke as a former Commissioner and Mayor, referencing the Code under
Rule 26 under the Administrative Code of the City of Atlantic Beach, he stated it speaks to matters to be
considered by the Commission shall be agenda items and should they consider a matter not on the agenda it
first has to be taken as an emergency and voted thereon and if it passes as an emergency then it is voted again
as an emergency and if it passes then the vote prevails. He stated that action was not taken and was
procedurally incorrect. He further stated the idea of three City attorneys has been raised and suggested, if that
gets serious consideration, that they might want to first amend the Charter, since it specifically talks about the
office of City Attorney in the singular not in the plural. He further stated he has served with Alan Jensen as a
fellow Commissioner and as the City Attorney and stated the criteria he would use would be totally and
completely objective. He stated they are not close friends, but are acquaintances for many years and he has
followed him over the years because of their association with the City. He stated there are several things they
might want to give consideration to. He stated Mr. Jensen has historical perspective and past experience and
knowledge which brings value they can't always appreciate. He related a past land use issue when Mr.
Jensen warned the Commission that if they voted a certain way they would probably find themselves in court
and the other side would prevail. He stated, even with his caution, the Commission voted the opposite way
because it was an emotional issue. He stated we aren't governed by emotion, we are governed by law and as
Mr. Jensen warned them, the City was sued and the other side prevailed. He encouraged the Commission that
when they think about Alan Jensen, he is not always going to tell them what they want to hear but he never
gives advice that he doesn't sincerely feels is the right thing from a legal perspective for the City to do. He
encouraged them to give long and deep consideration in their evaluation of Alan Jensen as an attorney and
after this issue is over and finished he hopes all of them will turn out and support the ferry.
Tawana Wagner, 341 8 1 Street, addressed the ethics issue. She stated if someone is hired and put into a
position, short of heinous crimes, they should have the ability to be spoken to with respect and understand
why it is they are going to be let go, and when we put people in positions of authority in the City, they should
have the respect and demeanor to do that. She stated she took it upon herself to study and understand what
was going on and came to the conclusion that this is not fair. She stated she has a serious issue with the way
this was handled because that is not the way it is conducted in good business. She asked that they think about
the way they handled this and ways they can all come together to look past this and do this better in the
future. She stated what has been done, has been done; you stand tall and prove facts, you don't handle it the
way they did. She stated she really wishes they would rethink this.
Paul Eakin, 1745 Beach Avenue, stated he has practiced law since 1982 and has known Alan Jensen a long
time. He stated he has never been on the same side of an issue with Mr. Jensen in all the time he has served
as City Attorney even though they have opposed each other many times. He stated Alan has always moved
through the changes in municipal power structures with the same sincerity, professionalism and same
accumulated institutional knowledge serving all of who live and work here and believes he has done it with
the gratitude and acknowledgement of his efforts by each of those past administrations. He stated all who
have been on the opposite of issues with Alan have always come away with the same acknowledgement of his
abilities, no matter what the issues were. He stated he has never heard anything like what he heard on the
audio recording of January 23. He stated the lack of civility displayed by some of the elected officials of this
City made him ashamed to say that he resides and practices his profession in this City. He stated he believes
they should all take a very hard look at themselves tonight, tomorrow and as they move forward as elected
officials in this City and as they continue to serve us, because remember they serve us.
February 13 2012 REGULAR COMMISSION MEETING Pale 7
Lyman Fletcher, East Coast Drive, stated he has known Alan Jensen a long time and would echo many of
the sentiments and opinions of him that have been addressed here. He stated in the last two years of the
Commission, there has been a lot of rancor, accusations and Commissioner Woods has been maligned
unnecessarily and that is what concerns him going forward. He stated it is the job of the attorney, not only to
do the law stuff, but it is also to help maintain the decorum in the Chamber, which is where he believes there
is the failing. Mr. Jensen's inability to address the verbal abuse of Commissioner Woods violates the basic
tenets of Roberts Rules of Procedure in going forward with things. He stated that gives him a great deal of
concern with this Commission going forward because if that behavior is going to continue, it affects the
judicial and deliberative powers and abilities in the Commission. He further stated he disagrees with him on
the interpretation but understands lawyers can disagree regarding what a meaning is. He stated he is
concerned that if Mr. Jensen remains as lawyer, we going to have two more years of that rancor and bitterness
and lack of judicial and common sense treatment of our fellow Commissioners. He related another meeting
where Mr. Jensen stood up in the middle of the meeting and pointed out two or three of them in the audience
and called them out about an issue. He stated no one did anything to address it and it was highly out of order.
He stated that is not the way to conduct a meeting. He stated Alan's behavior that night surprised him but it
can't be tolerated and there was nobody there to judge it or address it and it was inappropriate. He stated it
violates every tenet of civility and the rules which we treasure going forward with this. He reminded them
that the Commission that is suffering and listening patiently to everybody's comments tonight is a young
commission. He stated, in his judgment, they do not do this with malice, but there is a genuine disagreement
in terms of the conduct of the business of the City by these Commissioners. He stated he has worked with
them and they are passionate about doing well for this City and will serve us well. He stated regardless of
how this turns out, they need to fall in behind so it doesn't denigrate this City anymore than it has. He stated
these three Commissioners are of good mind, good cheer, ethical people and suggestions otherwise would not
be genuine or true.
Paul Parsons, 1970 Mipaula Court, stated he wasn't going to speak until he heard Mayor Fletcher speak.
He stated what Alan Jensen did that night in speaking to ex- Commissioner Fletcher and ex -Mayor Fletcher
was not calling them down, all he did was correct them. He stated there was a lot of emotion going on that
night and it was not raising of his voice or any disrespect from City Attorney Jensen. He stated two things
come to mind, one is transparency, which they ran on, and the other is that this seems to be awfully vindictive
on behalf of Commissioners Woods and Beckenbach. He stated they didn't get things their way and they go
against Alan and he believes that it is totally unfair in how it was brought up and voted on, especially when
they said there was going to be transparency and the transparency was not there. He stated he applauds
Commissioner Mark for her motion tonight.
Elaine Ferris, 500 Lighthouse Court, (Due to a major event she had to attend, she asked that her comments
be read into the record by Mayor Borno.) The firing of Alan Jensen was unfair and should be rescinded.
No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors.
Item l0A was taken out of sequence and acted on at this time.
Commissioner Mark thanked everyone for coming tonight, stating they were asking for citizen involvement
and they got it, but under the circumstances she is not sure this is exactly what they were referring to. She
stated before they get to the agenda items she wanted to personally and publicly apologize to Mr. Jensen for
the unprofessional and impersonal way that the termination of his contract was handled at the last
Commission meeting, aside from the fact that she believes it was improperly brought. She stated she also
wanted to personally and publicly apologize to the citizens of Atlantic Beach for breaching her promise to run
on open government. She stated, clearly, the actions taken by her at the last Commission meeting were the
February 13 2012 REGULAR COMMISSION MEETING Page S
complete antithesis of her campaign promise of open government. She stated in the desire to ram through a
major decision like terminating the City Attorney's contract without performing due diligence was, in her
opinion, a grave judgment error on her part and on the part of her fellow Commissioners who even
acknowledged they had only drafted their motions right before that Commission meeting. She stated the prior
Commissions have come under scrutiny as being rubber stamped commissions and they, the challengers, ran
on independence, citizen involvement and open government. She stated she believes that is what the citizens
wanted when they voted them in, but she hopes they do not think they have dibs on this commission and that
we are their rubber stamped commissioners. She stated she will not be a rubber stamped commissioner and
sits here as an independent commissioner, which was also one of her campaign promises. She stated her oath
of office is to uphold the Charter and to represent the citizens of Atlantic Beach to the best of her ability and
realizes in trying to represent all of those citizens, invariably not all of the citizens will agree with her
decisions. She assured them her decisions will be based on listening to all side of the issue and shall be
guided by her professional, ethical and moral convictions. She related a card she received from a very caring,
thoughtful citizen who shared some advice. She stated she wrote, I can emphasize with how many rip tide
waves must be washing over you right now, but consider the words of Thomas Jefferson, "in matters of style,
swim with the current; in matters of principle, stand like a rock." She stated she is confident that the
Commissioners will get past this and put aside those personal issues and agendas and begin to truly work
together as a Commission and bring our community together.
10A. Rescind the Commission's action taken on Monday, January 23, 2012, regarding terminating the City
Attorney's contract without cause to be effective sixty (60) days from that date.
Mayor Pro Tem Mark explained this is her motion.
Motion: Rescind the Commission's action taken on Monday, January 23, 2012, regarding terminating
the City Attorney's contract without cause to be effective sixty (60) days from that date.
Moved by Mark, Seconded by Daugherty
Commissioner Mark explained after their actions at the last Commission meeting questions were raised
regarding the procedure with which the motion was brought. She stated after researching this she believes the
Commission's actions violated the Atlantic Beach Code Article 2, Section 2 -19, Rule 26. She stated
Commissioner Woods' original motion was not an agenda item and was not declared an emergency, nor
affirmatively voted on as such as required by the aforementioned Code. She stated, therefore, all actions
taken on such motion, including any amendments thereto are null and void.
Commissioner Woods stated she has heard from a lot of citizens and stated she takes full responsibility for all
of them having to spend time away from their families tonight and come here and join us. She stated she was
not trying to ambush or slide anything under the radar. She stated she has given this issue a lot of thought and
to her it was a natural progression of what had been going on. She reiterated she takes full responsibility and
apologized to everyone, including Alan. She stated she had thought to call Alan a number of times and,
unfortunately, took what turns out to be some pretty bad advice and she apologizes for that. She stated again
that she wanted to apologize and say that she takes full responsibility.
Commissioner Beckenbach thanked everyone for coming and expressing their opinions. He stated he has
spoken with Alan, personally regarding the reasons he made his decision. He stated, upon review of his
involvement with the procedure while terminating the City Attorney during the last Commission meeting, he
realized that the process did not fully adhere to his own belief in promoting a more open government and for
that he apologizes. He stated though he has opened the private meeting with the City Manager, requested
citizen input during the Town Hall meetings and been instrumental in defining the committee for the review
February 13 2012 REGULAR COMMISSION MEETING Pate 9
of the police station, he believes the citizens of Atlantic Beach will be much better served if he votes to
rescind and position the Commission to have an open and frank discussion on tonight's Resolution.
Roll Call Votes:
Aye: 5 — Daugherty, Mark, Woods, Beckenbach, Borno
Nay: 0
MOTION CARRIED
Item 10B was taken out of sequence and acted on at this time.
Mayor Borno stated this was the same thing as the previous item and is now a moot point. He withdrew Item
I OB.
B. RESOLUTION NO. 12 -03
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA TERMINATING THE
APPOINTMENT OF ALAN JENSEN AS CITY ATTORNEY AND FIXING THE TERMINATION DATE
AND TERMS.
Mayor Borno read Resolution No. 12 -03 by title.
Motion: Approve Resolution No. 12 -03.
Moved by Woods, Seconded by Beckenbach
Commissioner Beckenbach stated one of the moderators at a seminar by the Florida League of Cities shared
his thoughts regarding City Attorneys and the message he took away was, as a Commissioner one should be
comfortable and confident in their City attorney and, if one is not, know that the City Attorney serves at the
pleasure of the Commission and there are a lot of qualified attorneys available. He stated the three main
factors governing his vote on this Resolution are, replacing the City Attorney was a common theme brought
up by constituents at just about every meet and greet during his campaign; as an attendee at many of the
Commission meetings he witnessed the City Attorney's divisiveness; and as a Commissioner he has
experienced a lack of trust in Alan's judgment at times. He stated for these reasons he is neither comfortable
nor confident with Mr. Jensen continuing to serve as the City Attorney. He stated although he will be voting
for a change in the City Attorney position, he would like to thank Mr. Jensen for his service to our City.
Commissioner Mark stated she researched whether this Resolution could be brought, given the previous
action taken that rescinded their motion. She stated, according to Roberts Rules of Order, the Resolution is
not in order because of Rule 10, regarding main motions, subparagraph 3, it states apart from a motion to
rescind or to amend something previously adopted, no main motion is in order that conflicts with a motion
previously adopted at any time and still in force. If a main motion that interferes with a desired action that
has been adopted, a motion to reconsider the vote on it can be made for a limited time during that same
session. She stated it is her opinion that the Resolution is not in order, given the fact that they just passed the
motion to rescind the actions that this Resolution is now framing or requiring us to do. She would defer to
the City Attorney and if that is not interpreted correctly she will make another motion. Mr. Jensen stated he
has not reviewed that part of Roberts Rules of Order, it is not something with municipal law, that is
procedurally under Roberts Rules of Order and he is not familiar with it so he can't tell her one way or the
other.
Discussion ensued.
February 13, 2012 REGULAR COMMISSION MEETING Paae 10
Commissioner Woods withdrew her motion and Commissioner Beckenbach withdrew his second.
Commissioner Woods stated she would reserve the right to bring this issue up again at the next meeting. She
stated for those people who are wondering why she might want more than one attorney, it is for just such
instances where there is a conflict of interest and Mr. Jensen is not able to offer an opinion because there is a
conflict of interest. Mayor Borno stated he did not understand the statement about a conflict of interest and
asked Commissioner Woods to explain. Commissioner Woods stated Mr. Jensen said he was unable to
answer this question tonight and obviously his decision would affect how the Commission could act on this
issue, which is obviously a conflict of interest for him. Mayor Borno stated that was an answer back to a
question that was asked from a Commissioner. Mayor Borno clarified Commissioner Woods had withdrawn
her motion and stated if this comes up it will be an agenda item for the future. City Attorney Jensen stated it
would be a motion to reconsider what they just did. Commissioner Woods clarified, asking to reconsider the
rescinding. Mayor Borno stated yes.
City Attorney Jensen thanked everyone who showed up, stating it has been very humbling and heartwarming
to receive the overwhelming support that he has gotten from so many people. He thanked first and foremost
his wife and family, stating they have been greatly affected by this. He also thanked all his friends,
colleagues, the people in Atlantic Beach and neighboring cities, all the people in City Hall, the employees of
Atlantic Beach, past and present members of other boards in Atlantic Beach, and former elected officials in
Atlantic Beach. He stated they have all been very supportive of him. He stated he has even heard from many
elected and appointed officials and employees from other cities. He thanked everyone very much and said
God Bless all of them.
Item 10C was taken out of sequence and acted on at this time.
10C. Direct staff on steps to replace City Attorney.
Commissioner Woods withdrew this item.
Item lOD was taken out of sequence and acted on at this time.
10D. Request to review the terms of the contract for the City Attorney position at the upcoming strategic
planning workshop.
Commissioner Mark stated she wanted to put this on record as an item they should review at the Strategic
Planning workshop. Mayor Borno stated he does not believe it is good to discuss a contract at Strategic
Planning but would encourage each of them to put in writing their concerns to the City Attorney stating they
would like to discuss them. He stated he would like to see that done within the next 30 days. He stated they
could then have a workshop to discuss his contract. Mr. Jensen stated his contract has been previously
revised through the City Commission at regular meetings. He stated he does not believe it has ever been at a
workshop, but if they want to workshop it, that is probably a good idea. Commissioner Mark stated she was
agreeable to that and withdrew the item for discussion tonight.
Commissioner Daugherty stated he left the last meeting really upset and angry with the actions that were
taken. He stated he is encouraged by some of the statements tonight by some of the Commissioners showing
regret for acting too hastily and improperly. He stated he believes mistakes were made and hopefully they
have corrected a lot of those mistakes and in the future things will be done the right way and with a little more
thought. He stated when he first joined the Commission he had some issues with Mr. Jensen and he went to
his office and talked to him and they reviewed his contract. He stated he realized that Mr. Jensen is willing to
February 13. 2012 REGULAR COMMISSION MEETING _ _ Page 11
talk to the Commission and is very reasonable. He stated he also realized that he doesn't want someone
working for him as an attorney who is always going to agree with him. He wants someone there who will
keep him from making mistakes and time over time Mr. Jensen has done that. He stated he believes
Commissioner Woods has a vendetta against Alan Jensen and really hopes we can move forward with more
civility. He stated let's not dwell on the past and look at things objectively going into the future.
Commissioner Woods stated she takes issue with Commissioner Daugherty's comments about the Sunshine
Law and discussion on this between Commissioners. She stated, as a matter of fact, Commissioner
Daugherty was the only Commissioner who spoke to her about this issue before the vote. She stated she was
out with her husband at the movies and he approached her and told her he had had a conversation with a
citizen and the citizen thought it was time for a new attorney and he agreed and said she should speak with
this citizen. She stated she is bringing that out, so if it is a violation Commissioner Daugherty and she are in
it together and she apologizes but felt she should go ahead and let that be known. She thought it very odd that
Commissioner Daugherty would be accusing her of Sunshine violation when he was the one who approached
her and brought up the subject.
Mayor Borno stated he didn't see any reason to get into that one right now. He stated he doesn't believe there
are any of them up there who have not had communications with each other. He stated they know the ethics
law, they know not to discuss. He stated they do see each other in social events and need to be responsible
for their actions at all times, whether they like it or not. He stated you never discuss anything that could ever
become an agenda item that the City Commission could be called upon to vote on.
3. Unfinished Business from Previous Meeting
A. City Manager's Follow -up Report.
Mayor Borno paused the meeting at 8:20 p.m. to allow some of the audience to leave the room if they so
chose. The meeting resumed at 8:22 p.m. He recognized Councilperson Wilson from Jacksonville Beach
who was in the audience.
City Manager Hanson gave a follow -up report on the Police Evidence Room odors from marijuana and other
narcotics and the concern over the respiratory problems that can be caused by it in being exposed to it day
after day. He stated Chief Classey is going ahead with a temporary solution of installing sophisticated filters
that will greatly improve the situation. He stated the cost is under $6,000 and the money will be transferred
from some other accounts.
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY
THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED
BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS
DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE
CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF
RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON
THESE ITEMS.
A. Acknowledge receipt of the Building Department Monthly Activity Report for January 2012 and the
Utility Sales Report for December 2011.
Mayor Borno read the Consent Agenda.
February 13 2012 REGULAR COMMISSION MEETING Page 12
Motion: Approve Consent Agenda Item A as read.
Moved by Daugherty, Seconded by Mark
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
5. Committee Reports
None.
6. Action on Resolutions
A. RESOLUTION NO. 12 -02
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPORTING CONTINUATION
OF THE ST. JOHNS RIVER FERRY.
Mayor Borno read Resolution No. 12 -02 by title.
Motion: Approve Resolution No. 12 -02.
Moved by Daugherty, Seconded by Beckenbach
Commissioner Mark stated the Task Force wanted to add "Service" behind each mention of "Ferry" because
they are emphasizing that they are saving, not just the ferry but the service it provides, and to change
"Atlantic Marine" in the 5 th Whereas to "BAE Systems ".
of
the 5 "' whereas to "BAE Systems ".
Moved by Mark, Seconded by Beckenbach
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
Mayor Borno called for a vote on the amended resolution.
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
7. Action on Ordinances
Marine"
A. ORDINANCE NO. 20-12-114, Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012,
AND PROVIDING AN EFFECTIVE DATE.
February 13 2012 REGULAR COMMISSION MEETING Page 13
Mayor Borno read Ordinance No. 20 -12 -114 by title.
Motion: Approve Ordinance No. 20 -12 -114.
Moved by Beckenbach, Seconded by Woods
Mr. Hanson explained the budget amendment and recommendation for the unused funds to go toward the
construction of a parking lot in Donner Park.
Commissioner Daugherty showed slides of the proposed parking stating he believes there is currently a
decent amount of existing parking and the proposed parking appears to impede on the soccer field. He stated
he would like to defer this until the next meeting so everyone could go to the park and look at the area before
making a decision. He stated in the past couple of years they have spent a lot of money in Donner Park and
he would like to use this money for different areas such as Jordan Park or Rose Park.
Motion: Defer to next meeting.
Moved by Daugherty, Seconded by Beckenbach
Mr. Hanson explained he would support deferral so Rick Carper could explain his drawings. He explained
this is in accordance with a long standing project they have had to try to encourage some Little League use of
the field at Donner Park.
Discussion ensued.
Commissioner Woods suggested Mr. Carper also look at somehow making the on- street parking safer.
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
8. Miscellaneous Business
A. Public Hearing on UBE- 12- 00100005, request from Dominic Jacobellis, CARBUYERLINK.COM
LLC d/b /a Beachside Ride, for a use -by- exception to permit used automobile sales as consistent with
Section 24- 111(c)(10), within the Commercial General (CG) Zoning District on a property located at
1800 Mayport Road, Suite 12.
Mayor Borno read the request by title.
Erika Hall explained the use -by- exception request, stating Mr. Jacobellis was not present. She showed slides
of the site stating this is consistent with the provision of Section 24- 111(c) and is a listed use -by- exception
that requires approval by the City Commission.
Motion: Deny request for use -by- exception by Dominic Jacobellis, CARBUYERLINK.COM LLC
d /b /a Beachside Ride.
Moved by Daugherty, Seconded by Woods
Mayor Borno opened the Public Hearing.
February 13, 2012 REGULAR COMMISSION MEETING Page 14
Mike Whalen, 1420 Mayport Road, spoke against the request, stating he thought the Commission was
going to clean up Mayport Road.
No one else from the audience spoke, so Mayor Borno closed the Public Hearing.
Commissioner Woods stated she is uncomfortable with these requests when the property owner is not present
and suggested deferral until he could be there to answer their questions.
Commissioner Daugherty stated these use -by- exceptions were one of the reasons why he ran for the
Commission. He believes they want to make Mayport Road better and encouraged the Commission to
support the denial of this request.
Commissioner Beckenbach asked if Mr. Jacobellis had already leased the property. Ms. Hall stated he had.
Discussion ensued. Commissioner Daugherty suggested the City Attorney bring back an ordinance to adjust
the zoning.
Mr. Jensen stated that would be an Ordinance change. He asked if this was a same request from a different
person that was approved for this same property in 2005. She stated it was from a different individual, the
former owner went out of business. Mr. Jensen asked if she could tell them the differences between that
application and this one. She stated the only difference she knows of is that this person has not asked for a
time limited. She stated the last individual was looking to purchase the property and possibly redevelop it
into a retail use. She stated this use is what this applicant wants to do with the property. She stated the way
this property is built out, this is the kind of business it supports in its current status. She stated it is garages
and there are doors that are conducive to repair work. She stated until someone changes the facilities, that is
what it is going to attract. Mr. Jensen stated his only concern was that this Commission has previously
approved the same application on the same piece of property under the same Ordinance and believes it may
be wise to look closer at the previous application and this application to see if there are any differences or if
there has been some sort of precedent established by prior action.
Mayor Borno stated he is hearing that maybe they should defer this until the next meeting in order to do some
research. He stated we have put a lot of effort into Mayport Road in the last three years and are behind in
adjusting the zoning over there. He requested staff come back with recommended changes to our zoning and
any other things in our Ordinance that relate to Mayport Road that could be requested as use -by- exceptions so
we have a good zoning overlay to encourage commercial businesses that would support the neighborhood.
He stated we need convenience stores in that area. He stated they can withdraw the motion and second and
move to defer or they can move to defer and override the motion. Commissioner Daugherty stated he would
also like to know if there are any legal ramifications. He stated they do want to clean up Mayport and maybe
change the zoning so this isn't something that will come before them again. Ms. Hall stated there are also
two others on the horizon.
Commissioner Daugherty withdrew his motion, Commissioner Woods withdrew her second.
Motion: Defer to next meeting.
Moved by Daugherty, Seconded by Woods
Commissioner Woods stated she has been reading about some legislation underway regarding boards and
commissions being able to postpone developments based on pending legislation and asked how that would
relate since they have given staff direction to look at our Codes. She stated at the next meeting they will need
to get that question answered as well.
February 13, 2012 REGULAR COMMISSION MEETING Page 15
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
Mayor Borno recessed the meeting at 8:59 p.m.; the meeting was called to order at 9:05 p.m.
B. Report on Animal Control.
Chief Classey summarized his staff report stating it was due to a request by Commissioner Daugherty. He
explained the duties of the Animal Control officers and further explained the consequences of eliminating one
of the positions. He also discussed the use of outside kennel facilities and Atlantic Beach's Ordinance
allowing animals on the beach.
Commissioner Beckenbach asked if they have considered working with Neptune Beach as far as having their
animal control person working with our animal control. Chief Classey stated they do that on a limited basis
but to do it on a routine basis it may or may not be an issue for the other City depending on whose need was
greater. He stated he suspects, being a larger City, our need would be greater than theirs.
Commissioner Daugherty stated there are significant costs we are incurring for a service that, according to
our Interlocal Agreement, we are supposed to have provided for us, such as trapping animals, etc. He
suggested since one of our Animal Control Officers has left, that they put off hiring another Animal Control
Officer for six months and see what the results are and then revisit it when they do their budget for the
upcoming year.
Motion: Withhold hiring another Animal Control Officer until the beginning of the next budget year.
Moved by Daugherty, Seconded by Woods
Commissioner Mark asked if having only one person to answer all the calls for Animal Control would be
physically realistic. Chief Classey stated no, it would present some challenges. He stated to handle three
calls within a shift is no problem whatsoever but the problem is those calls may come in when there is
nobody here. Commissioner Mark stated it is reasonable to say those calls could occur anytime. She also
asked Chief Classey about his statement that most of the infractions come from people who let their dogs run
loose on the beach. Chief Classey stated that is where a significant portion of them do come from and it just
takes a little more observation and presence out there to deter them from doing that and to correct any
misinformation or misunderstanding they have about the requirements of the Ordinance. Commissioner
Mark stated Commissioner Daugherty had said he has received numerous complaints about our Animal
Control Officers being heavy handed and asked if these were from multiple residents, one or two residents or
what, stating that was a pretty generalized statement. She stated to her it is a 24 -hour job and she does not see
how one person would be able to adequately staff the City and provide the safety the citizens require. She
stated the Interlocal Agreement is very vague on the level of service they are required to provide us. She
stated there were many instances when she was on the beach last summer where people were allowing their
dogs to run. She stated she will not support Commissioner Daugherty's motion to wait until the end of the
fiscal year to hire a second Animal Control Officer.
Commissioner Woods asked what facilities Duval County utilizes for their animal control. She stated
according to the Interlocal Agreement, Duval County is supposed to be supplying us with Animal Control
help so she is assuming they have a kennel facility that we could be using. Chief Classey stated they keep the
February 13 2012 REGULAR COMMISSION MEETING Page 16
animals they catch here locally and after the time prescribed in the Ordinance, if the animal has not been
claimed by the owner, they transport them downtown. Commissioner Woods asked what is the current
schedule for the two ACOs. Chief Classey stated they work ten -hour shifts, seven days a week, with one day
of overlap because they work four tens in a week. He stated Wednesday had typically been their day of
overlap, which was the only day there were two ACOs on duty. He stated that was one of the main days they
made one of the weekly transports to Jacksonville and that had also been the court date scheduled every week
to hear any cases for citations that were issued. He stated since they both would have to appear in court that
seemed the most logical day for them both to be here. He stated other than that they worked separate days.
She asked if Jacksonville Beach and Neptune Beach make the same trip in town to transport animals they are
collecting out here. Chief Classey stated yes. Commissioner Woods asked if it would be possible for
Jacksonville to come here and save the beaches from making the trip into town. Chief Classey stated they
only make two trips a week and the animals have been kept here locally for the convenience of people who
want to claim them. He stated the question of whether Jacksonville could come and collect them twice a
week has not been asked of them. He stated they have had some pretty dramatic staffing cuts in Jacksonville
and are for the most part pretty responsive to animal type complaints. He stated most of their complaints or
enforcements actions are done by affidavits from the citizen, which means in most cases they don't get there
in time to be able to observe the complaint. Commissioner Woods stated she believes a discussion about this
with Duval County would be appropriate. Commissioner Woods asked what hours do most of the calls of
complaints come in regarding the beach or do they have regular hours they watch the beach. Chief Classey
stated their scheduled hours vary. He stated before they took a more consistent stance with enforcement and
patrol their compliance rates decreased and the complaints increased. Commissioner Woods stated she was
not looking at changing our level of service as much as she is figuring out how we can work together with the
other beaches and Duval County to make it work better and more efficiently for all of us and for Duval to step
up to the plate a little bit and meet the agreements of the Interlocal Agreement. She believes we need to defer
until we get some of these questions answered.
Mayor Borno stated the Interlocal Agreement is extremely vague and is on the radar to be addressed. He
stated his strong opinion is that we hire a second ACO, and it is funded for this year.
Commissioner Daugherty stated he recognizes that a lot of people who complain have a disregard for the law.
He further explained some of the complaints he has received. He stated there is a lot to discuss and believes
they should defer hiring someone until they have had time to give this serious consideration on the future of
where they want their animal control.
Commissioner Woods asked for clarification that the $30,000 would be for private boarding and if they used
Jacksonville's kennels there would be a zero cost. Chief Classey stated that was correct. Commissioner
Woods stated she would like to start the dialogue with Jacksonville and she is not sure waiting until October
to hire someone is a good solution but suggested hiring someone part-time.
Motion: Amend to defer the hiring of an ACO until staff comes back with recommendations.
Moved by Daugherty
Mr. Hanson stated he believes if we did away with animal control services and just got the level of service
that Jacksonville provides that everyone would be horribly dissatisfied. He stated one of the reasons we have
a City here is so we can provide a much higher level of services.
Discussion ensued.
February 13, 2012 REGULAR COMMISSION MEETING Page 17
Chief Classey stated their existing Animal Control Officer has been working seven days a week and if this is
going to drag on for some period of time that is not a very good solution. He stated something is going to
have to be done with staffing those off times at least for a minimum level of kennel services.
Mayor Borno clarified the amended motion is to defer until there is some resolution of the questions that have
been addressed, stating they need some kind of time span. Commissioner Daugherty suggested the first
meeting in March and asked the City Manager if that would be adequate time, or maybe the second meeting
in March.
Mr. Hanson stated they will move that ahead if that is what the Commission would like. Discussion ensued.
Mr. Hanson suggested that he meet with Chief Classey this week and come back with some kind of report for
the next meeting and not hire anybody until the next meeting at least.
Commissioner Daugherty withdrew his motion. Commissioner Woods withdrew her second.
Commissioner Daugherty suggested having volunteers or other departments help with the dogs in the kennel,
to avoid having to have an Animal Control Officer here seven days /week. Chief Classey stated Jacksonville
Beach has an extensive volunteer program that cares for their animals on the off days for their ACO. He
stated they don't have that luxury. He stated he did not know if Jacksonville Beach would let their volunteers
come up here but it is a question that could be asked.
C. Creation of Police Building Committee.
Mayor Borno discussed the background of the decision to create the committee at the last Commission
meeting, stating they are now at the point to select from the list of interested citizens. He stated he has
selected Steve Lindorff and Chris Rule, and appoints Jack Varney as Chair; Commissioner Daugherty
selected Jim Smith and Mitch Reeves; Commissioner Beckenbach selected Don Ford and William
Whittington; Commissioner Woods stated she would like to see the committee expanded to these thirteen
who were willing to serve and recommended that they select all thirteen; Commissioner Mark selected
Juliette Hagist and Darlene Kelley.
Mayor Borno stated he thought they had an agreement on January 23 that this was going to be the process
with eleven. Mayor Borno stated he believes they are doing a disservice to themselves by not following their
previous agreement. Commissioner Woods stated she did not see anything wrong with being flexible and
would make the motion to see if she gets a second.
Motion: Accept all thirteen who have volunteered to be on the committee.
Moved by Woods, Seconded by Mark
Mayor Borno reiterated they are doing a disservice to themselves if they can't be consistent with what they
plan and agree. He asked why do they go through this process if they are going to turn around and reinvent
the wheel every time. Commissioner Daugherty agreed with Mayor Borno, stating one of their agreements
was that the members of the committee be nonbiased and open minded and have not previously gone on
record opposing any alternatives. He stated Don Ford has spoken at every meeting we have had on this and
has been very contentious. He stated he wants people on the committee who are open minded and not a
proxy for someone and he has an objection to Don Ford being on the committee. Mayor Borno stated they
agreed to select eleven members and he is not going to challenge anyone.
February 13 2012 REGULAR COMMISSION MEETING Page 18
Roll Call Votes:
Aye: 3 — Woods, Beckenbach, Mark
Nay: 2 — Daugherty, Borno
MOTION CARRIED
Mayor Borno stated Don Ford, Juliette Hagist, Jim Smith, Steve Lindorff, William Whittington, Jack Varney,
Carl Harkleroad, Chris Rule, Louis Keith, Darlene Kelley, Stephen Kallao, Arthur Corsano and Mitchell
Reeves are thereby appointed. He asked that the Chair, Jack Varney, get with the City Manager to work out
the meetings. He stated there will be a facilitator selected. He stated they are to report back to the
Commission by not later than 9 weeks. He stated that committee is hereby put into effect tonight.
9. City Manager
A. City Manager's Report.
City Manager Jim Hanson reported on a mortgage foreclosure suit, Jacksonville Bank vs. Nicholas Overman,
stating the City was named as a party because we have a lien on him as a result of an unpaid animal control
citation. He stated the City Attorney will file the necessary paperwork to protect our interest.
Stated he would like to schedule a workshop at 5:00 p.m. before the next meeting to present an update on the
stormwater master plan. He stated sandwiches would be provided. It was the consensus of the Commission
to do this.
10. Reports and/or requests from City Commissioners and City Attorney
A. Rescind the Commission's action taken on Monday, January 23, 2012, regarding terminating the City
Attorney's contract without cause to be effective sixty (60) days from that date.
This item was taken out of sequence and acted on earlier in the meeting.
B. Review of procedure used to terminate City Attorney at last commission meeting.
This item was taken out of sequence and acted on earlier in the meeting.
C. Direct staff on steps to replace City Attorney.
This item was taken out of sequence and acted on earlier in the meeting.
D. Request to review the terms of the contract for the City Attorney position at the upcoming strategic
planning workshop.
This item was taken out of sequence and acted on earlier in the meeting.
Commissioner Woods
• Thanked everybody for their decorum and keeping cool heads through tonight's very difficult
meeting.
Commissioner Mark
• Announced there will be a Save the Ferry Rally on February 18 on the north side of the river and
the Jacksonville Port Authority's Board Meeting will be held on February 27 at 9:00 a.m. She
February 13, 2012 REGULAR COMMISSION MEETING Page 19
urged everyone to send emails or make phone calls to show their support if they can't make the
meeting.
Commissioner Daugherty
• Stated there was one item he believes they need to get an answer on and that was that
Commissioner Woods wrote a letter to the editor stating "the Attorney General has given an
official opinion that the action to terminate Alan Jensen's contract at the January 23
Commissioner meeting was in full compliance in accordance with the law." He stated it reads in
part, and she quotes, "the action Monday by the Atlantic Beach Commission was not an ordinance
or resolution, it was a vote on a personnel matter and on a position that is appointed by the
Commission. According to the Attorney General's office there is no legal requirement for elected
public boards to advertise on the agenda such an item." He stated when he received this email he
was shocked because it takes a long time for the Attorney General to render any such opinion and
because this was such a short time after, he called Mr. Hanson and Mr. Jensen to see what was up
with this. He stated it was a surprise and shock to them as well. He stated he asked that Mr.
Hanson find out what was going on with this and he did. He stated Mr. Hanson requested our
attorney, Alan Jensen, to ask them and in the second email it states, no Attorney General's opinion
commenting on actions taken by the Atlantic Beach City Commission has been issued. Mayor
Borno asked Commissioner Daugherty what his request was. Commissioner Daugherty stated his
request was an explanation. He stated he wants this added to the minutes. He stated this is not the
first time Commissioner Woods has done something and we have had to go back to save ourselves
legally. Commissioner Daugherty stated he wants a resolution for the next meeting to disavow the
letter to the editor that Commissioner Woods wrote as a Commissioner which was a blatant
fabrication of the facts. Mayor Borno stated that request is duly noted and he can work out the
details and put it on the agenda and it will be dealt with at that time. Commissioner Woods asked
for the opportunity to respond. Mayor Borno stated they were in Reports and Requests.
Commissioner Woods stated she had been ambushed. She stated that was put on Drew Dixon's
blog. She stated Drew said he had requested from the Attorney General an opinion about what
had happened at the meeting and he put on his blog that that was the opinion from the Attorney
General. She stated her bad was that she did not check it; she took it at his word that he had
requested it. She stated Drew's comments said exactly what she quoted there. She stated that was
not her language and if Commissioner Daugherty had looked into it he would know that. She
stated it is Drew Dixon's language from the Jacksonville paper, going to the Attorney General's
office and asking them about the action we took. She stated Commissioner Daugherty is really
trumping up charges here. She stated that is exactly what was quoted, exactly what was said and
she did not make any of it up. Mayor Borno stated that is her explanation and she is on record.
Commissioner Mark
• Stated, as a Commission, when they are addressing any issue on the dais, it is proper that they
address it through the Mayor and avoid personally calling anyone out in any statements,
regardless. She stated she would ask for that decorum and respect so it does not get to personal
attacks. Mayor Borno agreed, stating she made a good point.
Mayor Borno
• Asked, as discussed earlier, that staff look into any suggested changes to the Ordinance for zoning
for Mayport Road and when time permits they need to look at it and review previous decisions
made for Mayport Road.
February 13, 2012 REGULAR COMMISSION MEETING Page 20
Adjournment
There being no further business to come before the Commission, the Mayor declared the meeting
adjourned at 10:14 p.m.
Mike Borno
Mayor /Presiding Officer
ATTEST:
Donna L. Bartle, CMC
City Clerk