Loading...
1-10-11 v MINUTES REGULAR CITY COMMISSION MEETING January 10, 2011 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. Mayor Borno gave the Invocation, followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approve the minutes of the Regular Commission Meeting of December 13, 2010. Motion: Approve the minutes of the Regular Commission Meeting of December 13, 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. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Dave Smith, 1053 Kings Road, spoke in favor of the Voo Swar Lounge's application for a liquor license. He stated he believes the article in the newspaper and the police reports on this subject could both be in error. He stated there were some very damaging statements in the newspaper report. He further stated there are those who would eliminate all alcohol sales entirely from the beaches and there are other who might find other kinds of wrong reasons for being against the Voo Swar Lounge existing as it does in a low income African American neighborhood. He asked that the Commission look at the 95 police reports to see if they are actually for criminal behavior and defer action until they have done so. Lewis Washington, 35 Robert St., son of Earnest Davis of Voo Swar, stated years ago they decided to forfeit their cocktail license and only serve wine and beer but have since reconsidered the decision in light of their market research which shows the economic benefits of having that license. He stated when they do this they will also increase their security measures. He further explained the community activities that are held at the Voo Swar and asked that the Commission show support of the small businesses, which are the backbone of this country. He stated the Voo Swar is a small January 10, 2011 REGULAR COMMISSION MEETING Page 2 business making the necessary adjustments needed to turn a profit during these tough economic times. Jermaine Lyons, 3737 St. Johns Bluff Rd. S., #1404, spoke on the character and integrity of the Voo Swar Restaurant and Lounge stating besides the recreation and entertainment they have been involved in back to school programs and many other community and charitable events. He stated he supports the granting of the liquor license. He also corrected the article by the Beaches Leader stating there was inconsistent information and exaggerated reports which he believes should be disregarded in this decision because the reports are not true and a defamation of the character and integrity of the establishment. Sally Clemens, 1638 Park Terrace West, stated the Davis family has been around the beaches area longer than some of the Commissioners have been alive and she does not believe they would do anything that would be a detriment to our community. She further stated disorderly conduct will come from drinking wine and beer just as much as other drinks. She also asked, doesn't the City make money by giving out City licenses every year. Clyde Bradley, 443 Whiting Lane, stated he is not wasting his time talking about how he feels up here but will write a letter to the Leader so more people will know about it. Sam Royster, 1102 Mayport Landing Drive, spoke in favor of the Voo Swar and asked the Commission to take a fair look at their request and grant Mr. Davis what he is asking for. He stated there are procedures in place for extra security and all they need is the Commission's approval to give them a chance to make that community better. He stated it is unfortunate that people down the street and houses adjacent to Mr. Davis make him look like a bad person. He stated it's like when you are captain of the ship and the engineer runs aground; you have to take the blame. He stated it is unfortunate that Mr. Davis is the big man in the community because although he shares the good he also shares all the negative. He asked that the Commission put themselves in Mr. Davis's shoes and vote favorably for this. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow -up Report. Meeting None. 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 January 10, 2011 REGULAR COMMISSION MEETING Page 3 STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Monthly Financial Report for November 2010 and List of New Business Tax Receipts Issued in December 2010. B. Approve the Inter -Local Agreement Amendment (FY 2010 -2011) for the Distribution of 9 -1 -1 Funds for Call -Taker Salaries, including the authorization for the Mayor and City Manager to sign the paperwork. C. Award the annual contract for Landscape Maintenance to R & R Maintenance, Inc. in the amount of $19,760 (Bid No. 1011 -06). Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Items A, B, and C as read. Moved by Fletcher, Seconded by Parsons. 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 None. Action on Ordinances 7. Action on Ordinances A. ORDINANCE NO. 95-10-102, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 24 OF THE MUNICIPAL CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; CREATING SECTION 24 -158, DOG - FRIENDLY RESTAURANTS; ESTABLISHING, PURSUANT TO FLORIDA STATUTES SECTION 509.233, KNOWN AS THE DIXIE CUP CLARY LOCAL CONTROL ACT, A LOCAL EXEMPTION TO CERTAIN PROVISIONS OF GENERAL LAW AND AGENCY RULES RELATING TO PUBLIC FOOD SERVICE ESTABLISHMENTS IN ORDER TO PERMIT PATRONS' DOGS AT CERTAIN DESIGNATED OUTDOOR AREAS OF SUCH ESTABLISHEMENTS; PROVIDING FOR IMPLEMENTATION PROCEDURES, INCLUDING PERMIT REQUIREMENTS, THE ADDITION OF CERTAIN NEW FEES, AND COMPLAINT AND REPORTING REQUIREMENTS; AMENDING SECTION 24- 69, FEES; CREATING SECTION 24- 69(D), SPECIFIC USE REVIEW FEES; PROVIDING FOR RECORDATION AND AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 95 -10 -102 by title. Motion: Approve Ordinance No. 95 -10 -102 as read. Moved by Woods, Seconded by Daugherty. January 10, 2011 REGULAR COMMISSION MEETING Page 4 Mayor Borno opened the Public Hearing. Jessica Whitehead, representing Al's Pizza, 303 Atlantic Blvd. stated approval of this would help their business a lot. She stated if their customers could not bring their dogs anymore they would lose quite a few patrons. She further explained the procedures they have taken to accommodate dogs at their outdoor dining. She stated Al's Pizza supports passing this ordinance. No one else from the audience spoke so Mayor Borno closed the Public Hearing. Commissioner Parsons asked Ms. Whitehead about the complaint regarding the dog being on the table, which was his concern. He asked if her employees watch for that. Bridget Judge of Al's Pizza explained that the dog in question was a small Chihuahua and he was in a chair. She stated they do not allow dogs in chairs at all and if they see them they will have them removed because they are not supposed to be at the table and they are not allowed to eat off their plates. She stated they provide paper plates and dog bowls and they have sanitizer. She stated this dog got past her, it was a tiny little dog and she was at the bar and did not see it. Commissioner Daugherty stated he believes this is a part of the beach way of life and he has taken his dog to restaurants and welcomes it. Commissioner Woods stated she believes it is the right of the businesses to have the kind of establishment they want and she supports it. Mayor Borno stated he has no disagreement with the ordinance as proposed. He stated it does require self policing by the establishment and there are checks and balances if there is a complaint made. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Public Hearing- Request from Mr. Earnest Davis, proprietor of the Voo Swar Restaurant and Lounge, for a Waiver of Section 24- 85(d)(2) of the Land Development Regulations, which prohibits the expansion of a non - conforming use, to allow an existing non - conforming restaurant and lounge to increase intensity of use, by upgrading from a Series 2COP (Beer and Wine/Package and Consumption) to a Series 4COP -SRX (Beer, Wine and Spirits/Package and Consumption) Special Restaurant Alcoholic Beverage License, on a property located within a Residential General, Two - Family (RG) Zoning District at 51 Robert Street. January 10.2011 REGULAR COMMISSION MEETING Page 5 City Manager Jim Hanson explained the staff report was prepared by Erika Hall for the zoning issue and Mike Classey for the policing issues. He asked Ms. Hall to give the zoning overview and then to follow with a report on the police issues at this location over the last year by Chief Classey. Erika Hall explained the zoning history of the property, stating when the zoning code was rewritten in 1982 they became a non - conforming use because they are a business in a residential district. She stated Mr. Davis holds a permanent food service seating license from the Division of Hotels and Restaurants and a 2COP package and onsite consumption for beer and wine. She stated typically when a restaurant comes to them they are in a commercial district and apply for a use -by- exception to go to a 4COP. She stated Zoning cannot sign off on this application because they are not in a commercial district which is why they are before the Commission. She stated Section 24- 85(d)(1) states that non - conforming use may continue so long as they remain otherwise lawful and in compliance, which is how they have remained in business over the years. She stated Section 24- 85(d)(2) states that non - conforming uses shall not be expanded or enlarged and staff is interpreting this as an intensification, therefore an expansion, of the current use. She further stated the alcoholic beverage license SRX, special restaurant license, requires that the existing structure has over 2500 s.f., which they do. She stated they also have to show that they have 150 seats permanently set up and 51% of their gross sales must be from food or non - alcoholic beverages. Chief Classey explained the Police Department has been to Voo Swar 95 times in the past year, with the largest percentage of the calls being property checks, which is when an officer goes down there on their own accord. He stated granting this additional usage is not going to help this situation and from a public safety aspect he does not support the request. He further pointed out that for the past 2 1 /2 years the Mayport Corridor has been a strategic priority for the City and they have made a lot of improvements within the corridor and he does not see this as a furthering of that strategic initiative but rather as a step backward. Motion: Approve LDRW 2011 - 01, request to waive Section 24 85(d)(2). Moved by Woods, Seconded by Parsons. Mayor Borno opened the Public Hearing. Dave Smith, 1053 Kings Road, asked if the comments during the Courtesy of the Floor to Visitors will be part of this Public Hearing, otherwise he would ask all of those people to please speak again during this Public Hearing. Mayor Borno asked if there would be any problem in incorporating those comments into the Public Hearing. City Clerk Bartle stated we would have to ask each person if they wanted that. Mayor Borno stated we would not be able to read it into the record verbatim but we could indicate that the people by name spoke in favor of. Mr. Smith stated he wants his previous comments to be part of the Public Hearing and the Commission should take them into consideration in their discussion. Lewis Washington, 35 Robert Street, stated he and his Dad work hard every day to keep the business open and they feel this would be an opportunity for them to stay January 10, 2011 REGULAR COMMISSION MEETING Pau 6 open for 30 or 40 more years. He stated they have no problem with hiring more security and whatever they need to do to make this matter better they will do. Jermaine Lyons, 3737 St. Johns Bluff Rd. S., #1404, stated past and future incidents of crime are not a direct reflection on Voo Swar Lounge and Restaurant. He stated the revenue generated will be a plus for everybody, not just the business but for the City also. He stated the fact that they have been in the community for over 30 years should have some type of consideration. He stated he believes the police reports should be stricken from the record because they don't have any backing as far as where the reports came from. Sam Royster, 1102 Mayport Landing Drive, stated it is unfortunate that he sets the paperwork up for Voo Swar to hire JSO cops, paying them $35/hr., and yet he hears these numbers. He stated he does know for a fact that you do have to call Atlantic Beach five or six times before a police officer will show up. He stated maybe that is only when he is there and maybe it is not always the case but he stated he would like the Police Department to support Voo Swar and asked that the Commission do the same thing. He stated it is unfortunate that people down the street or around the corner seem to want to come dirty your yard, but in their yard they want everything clean. He stated that is just the way it is, people who live on the beach go to Jacksonville and tear it up but come home and it's squeaky clean and Jacksonville takes the brunt of a bad name. He stated that is what we have here, a brunt of a bad name, when the man is totally innocent. He stated all Mr. Davis is asking is for something simple that the Commission has the power to grant. He stated he hopes the Commission chooses favorably. Clyde Bradley, 443 Whiting Lane, stated he believes this is a policing policy. He stated, coming from a long line of career policemen, there are ways to do this. He stated they aren't overworked and underpaid so get out there and clear this bad problem up. Sally Clemens, 1638 Park Terrace West, wanted her previous comments included. She stated it seems they get a license for year so why can't they give him a license for a year and if they don't abide by it then take the license away. She stated if it was a business before 1982, and she knows we keep changing things, she believes these people got caught in the middle of changes. She stated we should be careful about how many rules and regulations we make in our private lives and we are trying to help the beaches people. No one else from the audience spoke so Mayor Borno closed the Public Hearing. Commissioner Fletcher asked what the receipts derived from food as a percentage of the total receipts are. Ms. Hall stated that is a State requirement and is nothing Atlantic Beach checks. She stated of the gross sales 51% must be food or nonalcoholic beverage. Commissioner Fletcher stated he wanted to make it clear that the City of Atlantic Beach is not granting a liquor license, we are considering a land development waiver which is a condition precedent to the Voo Swar getting a liquor license from the State of Florida. Ms. Hall stated essentially when a restaurant comes in for their liquor license, zoning has to sign off certifying that they meet our requirements and since she January 10, 2011 REGULAR COMMISSION MEETING Page 7 is unable to sign that because it is nonconforming we have to get a waiver. Commissioner Fletcher asked Mr. Washington if their receipts are 51% food and are there 150 permanent seats. Mr. Washington stated yes and there are more than 150 seats. Commissioner Fletcher reiterated this is a land development waiver, we are not granting a liquor license and stated he hopes everybody understands that. Commissioner Daugherty stated the reason this came before the Commission is because this is a residential neighborhood and asked if the Commission would like this bar next to their house. He stated this isn't something they are considering in a public shopping center or in a commercial area, it is next to where children are playing. He stated he spoke to the owners a couple of months ago regarding blatant drug activity he had noticed going on outside Voo Swar to see what they were doing about it. He stated they played the victim saying there was nothing they could do, it was a policing problem and when the police drive by they run into their business and start playing pool and they can't control them. He stated if they can't control them without liquor then how are they going to control them with liquor. He stated the place is a blight on the neighborhood. He stated he will vote no on this. Commissioner Fletcher stated he was sorry that Mr. Washington had to defend himself against what was published in the paper. He stated this is a land development waiver and they cannot be given out easily. He stated the impact on adjacent neighboring properties must be considered. He stated land development waivers set big precedents and he can't support it for that reason. Commissioner Parsons stated this man has been over here since 1963 and doing business so it is kind of hard to say the neighbors didn't know what they were looking at when they came by. He asked if Mr. Davis has ever been ticketed or any offense brought against him personally. Mayor Borno asked Mr. Washington if there had been any citations issued against the Voo Swar. Mr. Washington stated there have been no citations issued against Voo Swar. Commissioner Parsons stated he agrees that it hard to get the changes done, but at the same time, with the length of time this man has been there and the amount of people who showed up tonight to speak on his behalf, he can't see not giving him what he has asked for. Commissioner Woods asked about the menu, hours and parking. Mr. Washington explained the menu stating they currently serve chicken wings with fries, pork chop sandwiches with fries, fish sandwiches, shrimp, hamburgers, fish sticks, cheese sticks, bottled water, sodas, Gatorade, candy, popcorn, etc. He stated they are planning on expanding their menu with pasta dinners, steaks and they smoke racks of ribs. He stated they are open for lunch and dinner and explained their hours of operation, which vary by the day of the week. He stated they have well over 150 seats and explained where the parking is but did not know how many parking spaces they have. January 10, 2011 REGULAR COMMISSION MEETING Page 8 Commissioner Woods stated this is a tough issue, stating they have worked really hard in not giving waivers to non - conforming uses because of problems that arise, but on the other hand Voo Swar is kind of an institution in the neighborhood and has been there a long time. She stated they also serve as a community meeting hall. She expressed concern that they could meet the requirements of the State for the liquor license. Mr. Washington explained that, although they are not required to do so with the license they currently have, they will be able to provide receipts and information for those requirements when they get the other license. Commissioner Daugherty stated, in response to Commissioner Parsons comments about the community support for Voo Swar, he believes the community support is obviously very well orchestrated and is all the people who are related to business owners. He stated he can appreciate that and would do the same thing if he had something going on. He further stated State agencies are very lazy and they don't really care that much as long as they get their license fees, etc. and the process to remove a license like that is very extensive and takes a very long time. He believes approving this on a conditional basis is not going to work because once they grant the land waiver it will then be in someone's hands in Tallahassee. He stated you can fail numerous times on the percentages and still keep your license. He stated should they turn into a bar, you are looking at a very long process, stating he has first -hand experience with this problem. He further stated he respects the fact that they have a community center, he has been in the community for a long time and his right to do business. He stated the fact is that this is a non - conforming land use; it is a bar in a residential neighborhood and he would be very surprised and disappointed if this passes. Earnest Davis, owner of Voo Swar Restaurant and Lounge, stated he has been there for a long, long time and was there before anyone came over there, when it was nothing but woods. He stated he wishes the Commission would try to help him out, he needs some help because it is hard to make it out there today with the recession. He stated he would appreciate it if they could help him with this license because it would increase his business. He stated he does ribs, chicken, fish, etc. and helps support this community. He stated he has had weddings, receptions, family reunions and when anyone dies in that community he foots the bill himself when they don't have food to feed the family and he feeds them which he has been doing for years. He reiterated all he is asking the Commission is for them to help him out. He stated it is just a cocktail license, which he used to have, until he had two serious operations. He stated it is hard to make it now with the recession going on and he would appreciate the Commission's help. Mayor Borno stated he knows Mr. Davis has worked very hard the last couple of years to help the community and has brought forward some issues over there that needed attention. He stated he has used his facility to help get these groups together once a month. He stated on the other side there have been a lot of disturbances, and though not a direct result of something happening in his restaurant, they get reflected and become a stigma for his business. He stated he believes he knows Mr. Davis well enough to know he would not tolerate drug dealers but asked him also to not tolerate that activity outside his business. He asked that Mr. Davis work with us to help get rid of some of these problem areas. Mr. Davis stated he appreciated what the Mayor said January 10, 2011 REGULAR COMMISSION MEETING Page 9 and stated he will do his best to do that. Mayor Borno also suggested that while he is currently open on a demand basis, he would strongly suggest that he establish hours of operation, which he believes would help increase his business. Commissioner Woods stated she was under the impression that this would be a change, not only in intensification of use but a change of use from bar to more of a restaurant and asked if Mr. Davis sees it that way. Mr. Washington stated they are known for their chicken not for their beer. Mr. Davis stated they cook the best barbeque in town. Mayor Borno asked Ms. Hall if there was a requirement for the State to do verification of food sales against liquor with his current license. Ms. Hall stated no, it is strictly on the SRX, Special Restaurant, license. Discussion ensued. Commissioner Woods asked that this be deferred so Voo Swar can work with the Police Department to come up with some solutions and a plan of action to show the Commission things will change After further discussion, City Attorney Alan Jensen explained they are getting in some real dangerous areas of telling these people that, in order for the Commission to consider their application for a land waiver, they have to come up with a plan as far as safety in their neighborhood, etc. He stated he does not believe that is what the Commission is up here to do. He stated he has been involved in many of these over the years representing many restaurants and knows the process. He stated when they go to the Beverage Department to get this new 4COP -SRX license one of the things they are told they have to do is come to the city where their property is and get a certificate of zoning, which states they are properly zoned to have that business where their property is located. He stated, as Ms. Hall explained, we can't give it to them because they are not properly zoned, so the only thing that we can do is grant them a land development waiver because they are in a residential district. He stated they need to keep in mind that they were zoned as a business when this restaurant started and are now non- conforming because of action the City took in rezoning that property out there, not action that was a result of any conduct by Voo Swar. He stated he disagrees with comments made by Commissioner Daugherty, stating he has been involved in many cases with different restaurants and the State does monitor the 51% sales requirement, and whether you have enough seats. He stated they normally require that you submit some type of a site plan showing all your tables and chairs and they will come out and check those. He stated while the State is as understaffed as much as anyone else and who's to say they are not going to be on top of it every day of the week or every day of the year, but they are going to monitor it. He stated he has seen restaurants fined or have their license suspended if they are not meeting the 51% requirement. He stated that is outside of the City's purview and not something we do; it is exclusively the purview of the State of Florida Beverage Department. Commissioner Fletcher stated it was his understanding that they were down zoned because they were originally a commercially zoned business and then woke up one morning and found that they were in a residentially zoned and that bothered him. He stated as it was pointed out it was through no action that they took and to him it could have been a taking. He stated he didn't realize the City could just go down zone somebody's property. He stated there is an issue with that and it was said we should January 10, 2011 REGULAR COMMISSION MEETING Page 10 take that into account. He stated he needs some guidance on that. He asked if it was correct that if they were zoned commercial then they would be looking at a use -by- exception now. Ms. Hall stated yes. Commissioner Woods stated they have put conditions on approvals for some things and she does not believe asking for a security plan is that big a condition. She stated she did not want to ask them to solve the entire community's problems but has heard comments about security personnel within the restaurant, etc. and she is looking for more of them working with the police department so everyone is comfortable with what their plan is moving forward. Mr. Jensen stated his only concern is that they would be basically pre - conditioning it, rather than saying they move approval with these conditions. Mayor Borno asked Mr. Davis and Mr. Washington if they defer this, would it impact anything with their application. They agreed to the deferral. Mr. Jensen stated if they defer this, they should defer to a specific date. After more questions from Mayor Borno and Commissioner Woods regarding whether deferring would interfere with their application for the liquor license, Mr. Washington reiterated they were willing to defer. Motion: Defer to February 14, 2010 Moved by Woods, Seconded by Mayor Borno Commissioner Woods stated they would appreciate any additional information they would want to bring to the Commission. Mr. Washington asked for clarification and Mayor Borno explained what they would like to see. Commissioner Fletcher pointed out that he will not be at the February 14 meeting. Discussion ensued and Commissioner Woods stated she is willing to change the deferral to the next meeting. Commissioner Woods withdrew her motion, Mayor Borno withdrew his second. Motion: Defer to January 24, 2010. Moved by Woods, Seconded by Borno Votes: Aye: 3 — Borno, Parsons, Woods Nay: 2 - Daugherty, Fletcher MOTION CARRIED B. Approval of firm to review City's Pension Plans and options. Mr. Foster summarized his staff report and explained Foster &Foster is the firm he is recommending the Commission select to do the study and he is also recommending that the Commission authorize the City Manager to expend additional funds during the January 10, 2011 REGULAR COMMISSION MEETING Page 11 study process if they come up with additional things to have them look at and to delay the study until they can get the updated actuarial data for 2010 and to see what the Florida legislature does as far as the Florida Statute 185, which restricts what we can do to the police pension plans. He explained, currently, if they make any changes to the Police Pension Plan they will probably lose their Florida Statute 185 funds, which are $88,000 /year. Commissioner Woods asked if this study would be available to the Commission in the fall. Mr. Hanson stated the intent would be to get a report to the Commission sometime this spring, which would be presented in a Shade meeting because this is a Union negotiation issue. He stated if the Commission wanted to give any instruction to our negotiating team it could be given prior to and made a part of the Union negotiations through this summer, hopefully culminating about the time of the budget adoption process. Commissioner Fletcher asked how long it takes to get the study done. Mr. Foster they have given us an estimate of completion of 45 -75 days. Motion: Approve the selection of Foster &Foster and authorize the City Manager to approve additional funds, not to exceed the budget amount, which may be required during the study if additional actuarial information is required and to delay the start of this study, as necessary, to determine if there are any pension changes that may be authorized by the Florida legislature and what impact, if any, using the 2010 actuarial report data versus the current 2009 actuarial report data would have on the results of the study. Moved by Fletcher, Seconded by Woods. Commissioner Daugherty asked if they are delaying the study is there any reason to approve the funds now. Mr. Foster stated the funds have already been budgeted and what they are doing now is choosing the company to do the study. Discussion ensued. Votes: Aye: 4 — Borno, Fletcher, Parsons, Woods Nay: 1- Daugherty MOTION CARRIED C. Award of the Utility Contractor Annual Service Contract (Bid No. 1011 -02). Public Utilities Director Donna Kaluzniak explained this is the annual contract for their utility contractor, which is for repairs of utilities, water, sewer, stormwater as well as minor construction under the $25,000 limit for bidding. She stated a lot of the work is emergency work. She explained the prequalification and bid process. She stated after the bids came in she received a challenge on the prequalification for the low bidder, which was Jax Utilities Management and upon checking their references it appeared that they didn't have the qualifications for the mechanical work at the plants and lift stations. She further stated after her follow -up with the company, her recommendation is to consider them not pre - qualified or disqualified. She stated her recommendation was to award the bid to Gruhn May, who was the second low bidder. January 10, 2011 REGULAR COMMISSION MEETING Page 12 Motion: Approve awarding the bid for Utility Contractor Annual Service Contract to Gruhn Mav, Inc. at the prices provided for Bid No. 1011 -02. Moved by Daugherty, Seconded by Parsons. Discussion ensued and Ms. Kaluzniak and Mr. Hanson answered several questions from the Commission. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED D. Beaches Veterans Memorial Park Operating Agreement. Public Works Director Rick Carper explained the operating agreement. He stated although the staff report asks for the authorization of the City Manager to sign the agreement, it should ask that the authorization be for the Mayor to sign the agreement. Commissioner Daugherty asked what the cost is to replace the flag. Mr. Carper stated it is $632, with shipping. He explained the City has already purchased the second flag because they have an agreement with Buchanan Flags that when the flag shows the first tatter, it is replaced and they will repair that flag for free and return it to us. He stated they have two rotating flags they expect to keep in service for several years. Motion: Approve the proposed agreement and authorize the Mayor to sign the agreement with the BVMP Corporation for operation of Beaches Veterans Memorial Park. Moved by Woods, Seconded by Fletcher. Commissioner Fletcher left the meeting at 7:58 p.m. Commissioner Fletcher returned at 8:00 p.m. Commissioner Woods asked if the Veterans group has fiscal responsibility toward the park other than their memorial garden. Mr. Carper stated no, but they are committed to helping us raise funds for future improvements to the park. He stated the bylaws of the BVMP Corporation state their sole mission in life is that park. He further explained that they also have first right to use the veterans portion of the park, but not the playground area. Discussion ensued regarding improvements to the park. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED E. Authorization for Signatures on Community Development Block Grant (CDBG) Paperwork. David Thompson explained the grant which is slated to go toward improvements to Donner Park. He stated they are asking for the Commission to approve the Mayor to January 10,2011 REGULAR COMMISSION MEETING Page 13 sign the contract so the City can get the money. Mr. Hanson stated this is just the opposite of the last item, in that the contract has the City Manager signing, rather than the Mayor. Commissioner Woods stated there is a lot of sod going in and asked if we have irrigation out there. Mr. Thompson stated there is irrigation. She also asked if there is an outdoor water fountain. Mr. Carper stated, yes, there were two water fountains. Commissioner Daugherty stated there is a path worn in the middle of the soccer field from people walking on it and asked if there was anything that could be done to make people walk around the field. Mr. Thompson stated people have been using that path through there for forty or fifty years and does not believe trying to stop this would be very effective. Discussion ensued. Motion: Authorize the City Manager to sign the contract with the City of Jacksonville, and any subsequent documents necessary for the administration of the CDBG grant for 2010 -11. . Moved by Woods, Seconded by Fletcher. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED City Manager 9. City Manager A. City Manager's Report. Mr. Hanson reported the resurfacing of Plaza Drive is scheduled for the week of January 17. Mr. Hanson also reported the fourth annual 26.2 with Donna marathon is scheduled for February 13. He stated the last alcohol deployment on December 16 resulted in no alcohol being sold to minors. He announced that the Dog Park opening is scheduled for January 22 at 11:00 and they will sell the annual passes onsite. Mr. Hanson stated there will be an e -waste collection held at City Hall parking lot on January 15. Mr. Hanson asked David Thompson to give an update on the Mayport Corridor. Mr. Thompson gave an update on the Mayport Corridor activities and a power point presentation on the toy drive and clothing giveaway held at Donner Community Center. January 10, 2011 REGULAR COMMISSION MEETING Page 14 Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Fletcher • Happy New Year. Commissioner Woods • Go Gators. Commissioner Daugherty • Of the 90+ calls by Atlantic Beach police to Voo Swar, as reported in the Beaches Leader, 55 were property checks, which are officer induced where they go on their own accord to check on the property. He stated to him that number is a little slanted since over half of the calls were the property checks and, although he is still very much in opposition to that request, he wanted to point this out. He encouraged the Commission to do some research on this request before it comes before them at the next meeting. • Reported on his trip to Mexico. • Happy New Year. Commissioner Parsons • Reported on the Northeast Florida Regional Council evacuation study, stating if they want a copy he can get them one on DVD. • Happy New Year. Mayor Borno • Notified the Commission they will be contacted soon for Strategic Planning dates. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:25 p.m. 1 y' J , Mike Borno, Mayor /Presiding Officer ATTEST: ag Donna L. Bartle, CMC City Clerk