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7-11-11 MINUTES REGULAR CITY COMMISSION MEETING July 11, 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. Commissioner Woods 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 June 27, 2011. Motion: Approve the minutes of the Regular Commission Meeting of June 27, 2011, as written. Moved by Fletcher, Seconded by Parsons. Votes: Aye: 4 — Borno, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. (Commissioner Daugherty arrived at 6:03 p.m.) Item 9B was taken out of sequence and acted on at this time. 9B. Advanced Lifeguard Certification from U.S. Lifesaving Association. Mayor Borno read and presented Atlantic Beach Lifeguard Captain John Phillips and Lieutenant James McDaniels with an Advanced Lifeguard Agency Certification from the United States Lifesaving Association. Captain Phillips explained the new lifeguards go through a minimum of 100 hours of training before they can sit on the beach. He introduced Lt. McDaniels stating he has been their training lifeguard but is leaving to move to the Middle East. He thanked the Mayor. Mayor Borno asked how our lifeguards did in the competition. Capt. Phillips stated they sent two teams to the Jacksonville Beach Lifeguard Challenge and out of 16 teams they came in 4 place and 12 place. He stated the competition teams did physical training in the mornings and on their lunch breaks, as well as after hours. He stated the teams are leaving on Tuesday morning to go to Myrtle Beach, NC to represent us at the regional competition and if they raise enough money they will send them to the nationals in New Jersey this year. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. July 11, 2011 REGULAR COMMISSION MEETING Page 2 No one 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 STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Building Department Monthly Activity Report and the Utility Sales Report for June 2011 and the List of New Business Tax Receipts issued in June 2011. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Item A, as read. Moved by Fletcher, Seconded by Daugherty. 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 -11 -103, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 13, OFFENSES, BY ADDING A NEW SECTION 13 -14, PROHIBITING SELF - SERVICE DISPLAY AND PLACEMENT OF TOBACCO PRODUCTS; PROVIDING FOR A TITLE; PROVIDING FOR INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR EXCEPTIONS; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE AND CODIFICATION. July 11, 2011 REGULAR COMMISSION MEETING Page 3 Mayor Borno read Ordinance No. 95 -11 -103 by title. Motion: Approve Ordinance No. 95 -11 -103 as read. Moved by Parsons, Seconded by Woods. City Attorney Alan Jensen stated this Ordinance came about at the request of Commissioner Daugherty and is an effort to make sure children cannot access tobacco type products, such as tobacco flavored candy. He stated those type of things will no longer be a self service sale, but will have to be purchased through the store clerk. He stated, at the request of Commissioner Parsons, it also included that various types of crack pipes be covered by the same regulation. Commissioner Parsons stated he believes this was well written and simplified and that Mr. Jensen did a good job on the Ordinance. Commissioner Daugherty stated this is an effort to provide for the general welfare and protection of our kids. Mayor Borno asked that staff notify Mr. Harrington, who brought this to the Commission's attention, so he is made aware that this is progressing. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. UBE- 2011 -01, request from Riddick Lynch, d/b /a Poe's Tavern for a use -by- exception to allow for the sale and on- premise consumption of alcoholic beverages in association with a full- service restaurant within the Commercial Business District at 363 Atlantic Boulevard (formerly Sticky Fingers). Principal Planner Erika Hall summarized the use -by- exception explaining all previous tenants have had this same exception, the 4COP -SRX Special Restaurant License, which requires 51% food sales and 150 seats. Riddick Lynch, 86 Ocean Blvd., representing Poe's Tavern, stated this will be their second restaurant and explained their menu. He stated they are looking forward to being a part of the community. He stated they will not have a grand opening but expect to be opened in about a month. Motion: Approve UBE- 2011 -01, a request for use -bv- exception by Riddick Lynch d/b /a Poe's Tavern, to permit the sale and on- premise consumption of alcoholic beverages (DABT- issued 4COP -SRX license) in conjunction with a full service restaurant located within the Commercial Business District at 363 Atlantic Boulevard. Moved by Woods, Seconded by Fletcher. July 11, 2011 REGULAR COMMISSION MEETING Page 4 Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the public hearing. Commissioner Daugherty stated, after meeting with Mr. Lynch, he has zero doubt and is very excited about Poe's opening. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED B. Donner Subdivision Sewer Upgrades — CDBG Disaster Recovery Grant Bid No. 1011 -07. Assistant City Manager David Thompson stated this is the second sewer rehabilitation grant this year. He stated this grant is related to funding made available by the Federal government due to damages from Tropical Storm Fay. He explained how the City demonstrated a connection between the storm and this project so we would qualify for the funds. He further explained the City also had to establish this was a low income area. He stated after going through the bid process, Jacksonville told the City that we had to rebid the project due to some technical issues and pointed out that a representative from Jacksonville was in the audience to answer questions the Commission may have. He stated staff has come back to the Commission with a recommendation to rebid the project. Commissioner Daugherty stated he understands the reasoning for the requirements of having people from the community working on the project but given that this is such a specialized project he stated it is hard to find companies that do this work or who can hire the average person to do this work. He stated if we have to rebid this project it will cost us several thousand dollars in manpower and we also take a chance of those bids coming in higher. He asked if, in this circumstance, there was any way to get a waiver from this. Reggie Walker, City of Jacksonville, stated due to the nature of the funding there are specific guidelines they must abide by. He stated if they do not abide by those guidelines, the nature of the funding will go back to the government. He stated he understands the issues with going out for rebid. He stated they made every effort to try to work with three contractors that initially bid the project. He stated one was not willing to do the Section 3 compliance, another was unable to put together a team for Section 3 compliance and another (Miller Pipeline) was willing but his bid was the highest of the three. He stated they can award a bid if it is within budget and that particular bid was within budget and met all the compliance requirements. Commissioner Fletcher asked how they would reword the specifications so the bids we get will help the respondents comply with the Section 3 requirement. Mr. Thompson stated they have discussed having a mandatory pre -bid meeting and having Mr. Walker there to explain the requirements step by step with all of the vendors. Commissioner Fletcher asked if the reason we would withhold awarding the bid to Miller Pipeline was that the Section 3 compliance wasn't clearly explained in the bidding process or July 11, 2011 REGULAR COMMISSION MEETING Page 5 specifications. Mr. Thompson stated there was some confusion as far as the interpretation of those things and no one was there from Jacksonville to answer questions. He also stated he believes going from $140,000 to $175,000 is a big jump without rebidding and opens the doors to a lot of problems. Commissioner Woods asked Mr. Thompson to clarify that those that bid before could still rebid. He stated that was correct. Mr. Walker stated it would also open up the opportunity to other bidders. Commissioner Woods asked what percentage of the work that needs to be done in Donner does this project represent. Ms. Kaluzniak stated this will pretty much finish Donner. She stated there is a little bit more and if they had more money they could completely finish Donner. She stated there is about 10% more work left. Commissioner Woods asked if they used the money from the grant and the City paid for the remaining 10 %, could they put that all out to bid at the same time. Ms. Kaluzniak stated we could, but we didn't have that money in the budget, which is why when she designed the project she did an estimate of what she thought would come in. She stated, based on the low bid, they probably could have done the whole project. She stated she didn't want to go over budget and have to spend City money that wasn't budgeted. Commissioner Woods asked if we could add the rest of it as an add alternate. Ms. Kaluzniak stated that would be something they could do. Mr. Hanson stated to do that would require a budget amendment from the Commission because they do not have the funds presently budgeted in our capital accounts to do any more work this year. Mayor Borno stated one of the regulations was that if the bid came in 16% over, it could be awarded. He asked if they put out the bid for the project with the additional people to be hired as an alternate and if the alternate came in at 16% greater expense to hire the locals, would that allow the award or would that still be a trigger. Mr. Walker clarified that the evaluation of the bids is based on a percentage, with 50% based on the lowest bid and 50% based on other criteria involved with compliance. He stated when they bid out the project the first time none of the bids that came in were responsive. He explained they tried to make it work by contacting all the other vendors, but that didn't work out, which is why they need to rebid it. Mayor Borno stated he was suggesting an alternate for the labor being hired locally so when they bid that it would give us a dollar factor for all three companies to bid local labor. Mr. Walker stated since it will be a new bid it will be a brand new evaluation. Commissioner Daugherty asked for clarification that the total grant was $178,000 and we aren't spending our money, we are spending federal money from the grant. Mr. Thompson stated that was correct, it is not general funds, it is federal money. Commissioner Daugherty asked, if there was money left over from the $178,000, does the City get to keep it. Mr. Thompson stated no, we do not, but we have looked into expanding the project to the whole $178,000. Commissioner Daugherty stated he believes we might get into a situation in a rebid where the bidders may come back with a higher price. Discussion ensued. Commissioner Parsons stated in the future they need to make sure everybody understands the rules on grants like these. He stated he is confused about what happened that they did not understand and how they can stop that in the future. Mayor Borno stated this time they will have Mr. Walker present so everybody in the bid prequalification will understand all the issues before they finalize their bid. Mr. July 11, 2011 REGULAR COMMISSION MEETING Page 6 Walker stated that was correct and added that in the process of evaluating the three bidders they did present a lot of options. He stated when it goes back out to rebid all of these various options will be presented to all the bidders. Commissioner Daugherty asked if it was made clear in the packet given initially for the bid that they would have to meet the requirements. Ms. Kaluzniak stated everything was in the bid package in writing but Mr. Walker had not been hired yet and no one from the City of Jacksonville showed up, even though they were scheduled to, to explain verbally during the pre -bid meeting the meaning of these regulations and what was in the package. She stated they will make sure Mr. Walker or someone from his office is at this pre -bid meeting to explain what is required and ways they can meet these Section 3 requirements. Discussion ensued. Ms. Kaluzniak stated the problem she has with giving this bid to the Miller Pipeline is because questions were asked after the sealed bids were opened, which is almost like negotiating with bidders after the bids are opened. She stated that third lowest bidder (Miller Pipeline) had $35,000 of wiggle room to add things to his bid and it didn't seem legal to her. Mr. Hanson stated, as he understands it, all of the bidders indicated they would not comply with Section 3. Ms. Kaluzniak stated when the bids were submitted, none of the bidders were compliant, in writing. Mr. Hanson pointed out that this would be a change to the bid. Ms. Kaluzniak stated that was correct. Mr. Hanson stated that would give him cause for concern for bid protest. He stated if the third lowest one had stated in the bid that they would comply, that's one thing, but if this is a change from what they submitted at the bid opening, he believes we would be leaving ourselves open for a bid protest. Motion: Reject all bids for the Donner Subdivision Sewer Upgrades — CDBG Disaster Recovery Project and re-bid the project. Moved by Woods, Seconded by Fletcher. Votes: Aye: 4 — Borno, Fletcher, Parsons, Woods Nay: 1- Daugherty MOTION CARRIED C. Actuary reports for Police and General employee retirement systems. Finance Director Nelson Van Liere explained the delay in receiving these reports was due to the Pension Board deciding to do evaluations of the assumptions used, which they wanted completed before so they could use the new assumptions in these reports. He also stated it was held up further because the State made us aware of a change in the way they determine how much the City needs to pay. He stated the State is now saying there is a minimum contribution calculation based on the percentage of payroll and the actual payroll at the end of the year. He stated, for these reports, the dollar figures that are here are to be the contributions that we will make and what we have in our proposed budget for next year (2012), but they will probably be tweaked at the end of July 11, 2011 REGULAR COMMISSION MEETING Page 7 the year after the financial statements are done and adjusted up or down, depending on how actual payroll computes with percentage of pay. Mr. Van Liere summarized the highlights of the actuary reports for the police and general plans, stating the City will have to contribute $998,000 (24.53% of payroll) for the general plan and $540,000 (31% of payroll) for the police plan. He stated this is an increase of $275,000 for the general plan and $141,000 for the police plan. D. Rehabilitation of Well No. 1 at Water Plant No. 1. Public Utilities Director Donna Kaluzniak explained the Commission approved having Williams Industrial do the rehabilitation of our well at Water Plant No. 1. She stated, however, their legal department wasn't comfortable extending the same terms and conditions to us for a $40,000 project as they extended to JEA for their $20 million contract. She stated their function was to be the coordinator between the subcontractors, so she asked our annual contractor, Gruhn May, if they would be willing to do the coordinating between the same subcontractors, same project, and be willing to accept the liability under his insurance. She stated they were willing to do that so she is bringing that to ask the Commission to change the vendor from Williams Industrial to Gruhn May Inc. to do this same project. She explained, although she stated it was the same price, Gruhn May has offered to do it for $39,000. Motion: Authorize Gruhn May, Inc. to complete the Rehabilitation of Well No. 1 at Water Plant No. 1 in an amount not to exceed $39,999.29 and authorize the City Manager to sign the contract. Moved by Fletcher, Seconded by Woods. Commissioner Woods asked whether the City was required to bid this out. Ms. Kaluzniak stated it would be very difficult to bid this because it is almost like a proprietary method that JEA has been doing for the last several years and it is difficult to write it into specifications that are real concrete for contractors to bid on. She stated we are using our annual contractor, who is using his hourly rates and wages. Commissioner Daugherty stated, as a point of order, he believes the motion should be amended to state $39,000 rather than $39,999.29. Commissioner Fletcher stated he just read it from the recommendation but will amend it. Motion: Amend Motion to change the $39,999.29 to $39,000. Moved by Fletcher, Seconded by Woods Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Mayor Borno called for a vote on the Motion as amended. July 11, 2011 REGULAR COMMISSION MEETING Pate 8 Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Mayor Borno thanked Ms. Kaluzniak, stating that was a very economical, practical thing that she brought forward to the Commission and it will be applicable to the rest of our wells in the future. Mr. Hanson agreed, stating we have just finished the installation of a new well for over $800,000 in cost, so if you can rehab an old one for $40,000 it seems like an excellent investment. He stated Ms. Kaluzniak was tenacious in finding a vendor and she has their appreciation for saving the City a lot of money. Ms. Kaluzniak stated the only additional cost would be ordering the chemicals, which will be ordered under JEA's contract. She stated the cost is about $10,000 and is under the amount the Commission needs to approve. E. Authorizing execution of agreement for legal services related to labor issues. Motion: Approve the attached representation agreement with John Dickinson and his firm and authorize the City Manager to sign it. Moved by Fletcher, Seconded by Parsons. Commissioner Woods asked if this was the only attorney who was contacted to fulfill this service for the City. Mr. Jensen stated no, there were several others contacted. Commissioner Woods stated when there are multiple agencies or people considered for a position and the committee eliminates possibilities without bringing it to the Commission, that is not in accordance with the Sunshine Law. Mr. Jensen stated when we need the services of an outside attorney, under the Charter and the Code, he can recommend who that would be and get them onboard. He explained this is more of a longstanding opportunity for the people in the City to have onboard a labor and employment lawyer to call with questions about labor matters. He further explained why he recommended Mr. Dickinson. Commissioner Fletcher asked how his rates compared with the former labor attorney. Mr. Jensen stated they were relatively the same. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED F. TMDL Wastewater Compliance Project — Wastewater Treatment Plant #1 Sludge and Odor Control Improvements — Bid No. 1011 -16. Mr. Hanson explained this has been brought to the Commission previously to authorize the design of the sludge improvements and odor control, the design was completed, and the bids were sent out and opened. He asked Ms. Kaluzniak to give her presentation. July 11, 2011 REGULAR COMMISSION MEETING Pate 9 Donna Kaluzniak gave a slide presentation and explained the project need, project summary, project cost, cost savings, and benefits. She stated her recommendation was to award the contract, including the Additive Alternates 2 and 4, to the low bidder, WPC Industrial Contractors, LLC, and to allow 10% of the base bid to be encumbered as a contingency. She further explained what encumbered funds are. Mr. Hanson added they should think of a contingency as carrying over the budget into the next fiscal year, so if things come up, they will have the money budgeted for this project. Commissioner Fletcher agreed, stating this is really a budgetary mechanism, it's not that they are giving them a checkbook with $215,000 to write checks from. Commissioner Parsons stated this was something the City Manager came up with and he believes it is a great idea to put the contingency outside of the bid. Commissioner Woods asked what was the life expectancy of this system. Ms. Kaluzniak stated it is about 20 years. Commissioner Woods asked if the savings Ms. Kaluzniak explained are over what we are spending today. Ms. Kaluzniak stated we are not paying the tipping fees right now, but if we had to pay those tipping fees on all the sludge we are going to generate with our new system, without the sludge system, we would probably be paying about double that. Mr. Hanson further explained the Interlocal Agreement with the City of Jacksonville clearly states when Jacksonville charges the cost of refuse collection and disposal to their citizens by a direct monthly garbage fee rather than through taxes, then the people in Atlantic Beach and Neptune Beach have to pay a fee for the use of the landfill. He stated he believes within the next couple of years, it will be inevitable. Discussion ensued. Commissioner Woods asked if we don't do this would we still meet our TMDL requirements. Ms. Kaluzniak stated we would still meet the TMDL requirements but will be pretty much maxed out on our dewatering system because we will be producing almost twice the amount of sludge. She also explained with a mechanical dewatering system it doesn't matter what the weather is and when it dewaters it does it about twice as good as what the drying beds do. Ms. Kaluzniak also pointed out that when our population starts to increase and we start getting more flow, we may be in a position that we won't be able to keep up with our sludge production and when you can't keep up with sludge production, you can't meet your regulations at that point. Commissioner Woods stated the census has our population down by about 1,000 from ten years ago and she doesn't see any big predictions of increased population any time soon. She asked when would our production/flow increase enough that we would see a big change to warrant spending $2.2 million to take care of it. Ms. Kaluzniak stated she could not answer that question, because she does not know what the future holds as far as the economy. She stated she believes this is the right time to do this because we are not going to see prices like this again, the economy is down and bids coming in are very good. She stated if we waited three years to do this, she could not guarantee we could get pricing like this. She further stated DEP has given us authority to incur cost on this project at a low interest rate and she does not know whether those funds would be available several years from now so we might have to use other funding at a higher interest rate. Commissioner Woods asked what would the flow increase have to be before we would need this system. Ms. Kaluzniak stated it would not be much because we will be almost doubling our sludge production. Mr. Hanson stated, tying this back to the strategic discussions, the next big thing that is going to happen is the Navy carrier coming and a lot of the reason housing is down here at the beaches is due to the July 11, 2011 REGULAR COMMISSION MEETING Page 10 Kennedy leaving with 2,500 employees and their families. He stated although the Navy is telling us it will be here by 2019, our congressmen are saying they would like to see it earlier. Mayor Borno pointed out that it was indicated at a recent meeting that the repair facility for the Navy will be increased by 300 persons very soon. Commissioner Daugherty stated, if you take out the tipping fees, on a 20 -year life cycle we are breaking even. If the tipping fees happen as expected, then we are making about a 100% return. He stated what needs to be considered are the electrical savings and the reduced transportation costs, so our savings now probably will be greater in the future. He expressed concern that we only had two bids and asked why that was. Ms. Kaluzniak explained she believes a lot of people were scared off because we did have a contractor on site already and they felt they would not be competitive and did not want to spend their time submitting a bid. She stated it doesn't matter whether there are 100 bidders or two bidders, the bidder knows there are others bidding against them and they will give it their best shot. Commissioner Daugherty stated besides this being a good investment, it is also a very green thing to do as we are saving gas, electricity, reducing smell and he believes this is another place where Atlantic Beach is setting an example for the rest of the beaches. Commissioner Fletcher asked for clarification that the volume of sludge is actually doubling once we come on line with this. Ms. Kaluzniak stated it would just about double. Commissioner Fletcher stated this is a major infrastructure project and we want it to be state of the art. He asked if we are financing this out of the utility fund. Ms. Kaluzniak stated we are paying for it with the DEP's State Revolving Fund loan and the money to pay the loan off will come from the utility fund. Commissioner Fletcher asked if this project will require any utility rate increases. Ms. Kaluzniak stated no. Commissioner Fletcher pointed out that was due to the other project coming in so far under what we budgeted, to which Mr. Kaluzniak agreed. Mr. Hanson also pointed out that it was also because the financing rates came in lower by virtue of the State Revolving Fund loan. Motion: Award the contract for Wastewater Treatment Plant #1 Sludge and Odor Control Improvements, Bid No. 1011 -16 to WPC Industrial Contractors, LLC. Include in the award, the Lump Sum Base Bid in the amount of $2,157,000 plus Additive Alternates 2 and 4 for a total amount of $2,194,500. Authorize the City Manager to sign the contract. Authorize staff to encumber $215,700 under a separate purchase order for use as a contingency for the project. Moved by Parsons, Seconded by Fletcher. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED G. Justice Assistance Grant. David Thompson explained these grants are federal funding that comes through the State. He stated the allocation to Duval County this year is about $444,000 and various policing agencies in Duval County get together to determine how that money is going July 11, 2011 REGULAR COMMISSION MEETING Page 11 to be allocated. He stated Chief Classey was able to get the approval for $105,574 for Atlantic Beach's share of that this year. He explained Chief Classey recommended a portion of the money be used for the salary for one COPS officer and one Crime Suppression Unit (CSU) detective, both of which are currently grant funded, with the remaining going toward the Community Development Coordinator position. He stated they need the approval of the Commission to complete the online application and the authorization to electronically sign the applications on behalf of the Mayor. Motion: Authorize the Mayor to sign the related paperwork for the applications and subsequent paperwork related to the JAG grant. In addition, authorize Michael D. Classev to submit the applications on line and have the authorization to electronically sign the on -line applications on behalf of the Mayor and the City. 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 City received notice of a suit appealing the Commission's decision on denying the variance from the Wolfsons. He stated the City has insurance to cover the legal cost of defending the suit up to $100,000 and the case has been referred to the insurance company attorney and Alan Jensen will be monitoring the case closely. Reported the latest alcohol deployment, which was held jointly with the State Department of Alcoholic Beverages and Tobacco, checked 12 businesses with two selling to minors, the Walgreen's on Mayport Road and the Chevron station. He stated the Chevron has sold alcohol to minors a lot of times in the past and this time they found that the clerk running the store had overstayed his visa by 8 years so he was arrested and is being held for deportation. He stated, in his opinion, the Chevron station is an example of a business that clearly deserves to have their license to sell alcoholic beverages either suspended or revoked. B. Advanced Lifeguard Certification from U.S. Lifesaving Association. This item was taken out of sequence and acted on earlier in the meeting. Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney City Commissioners City Attorney Mayor Borno noted Commissioner Daugherty had passed out a report to the Commission to take home and read. July 11, 2011 REGULAR COMMISSION MEETING Page 12 Commissioner Woods • Reported on the redistricting hearing she attended today. She stated they have made it very easy to interact with this process online and recommends everyone go online and do some research. • Asked how the City could help facilitate the CDBG hiring in the Donner Park area. Stated she is not sure what avenues there are for us but would like to investigate that. Commissioner Daugherty • Stated if the Commission has not met with George Foster regarding tomorrow's workshop he recommends they do so. Stated the handout was some of the results from his meeting with Mr. Foster and wanted the Commission to have this information before the meeting tomorrow. He stated it is not going to be an easy meeting and they will have to do things they don't like or want to do, but it has to be done. • Welcomed the three candidates in the audience who are running for office. Commissioner Parsons • Recommended the Commission meet with Ms. Kaluzniak if they have questions about the wastewater treatment plant. He stated he met with her and she is a great source of information. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:50 p.m. //dad #414,141 Mike Borno, Mayor/Presiding Officer ATTEST: Donna L. L. Bartle, CMC City Clerk