Agenda Item 1MINUTES
REGULAR CITY COMMISSION MEETING
January 24, 2011
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor Mike Borno
Mayor Pro Tem John L. Fletcher
Commissioner Jonathan Daugherty
Commissioner Paul Parsons
Commissioner Carolyn Woods
City Attorney Alan C. Jensen
City Manager Jim Hanson
City Clerk Donna L. Bartle
Recording Secretary Nancy E. Bailey
Call to Order/Pledge Mayor Borno called the meeting to order at 6:02 p.m. Commissioner Parsons
mentioned he recently learned that Sonya Doerr had received 22 days of leave donated
by her fellow coworkers and stated he found that moving. Commissioner Parsons 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 January 10,
2011.
Motion: Approve the minutes of the Regular Commission Meeting of January 10,
2011, as written.
Moved by Fletcher, Seconded by Parsons
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors.
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, addressed the Commission speaking in favor of the
land use waiver for Voo Swar. He stated those who want to give the Voo Swar a
chance are looking for what's good and right about having a neighborhood meeting
place where folks share a drink and conversation, music and dancing. He stated this is
a place of unique cultural character that can be saved and renewed as a more viable
business than ever and the owners have promised to do the work it will take to fulfill
that hope in favorable opinion, which they ask the Commission to share. He stated to
say Voo Swar is in the middle of a residential area is not accurate, pointing out that the
property is two doors from Mayport Road, with the property on Mayport Road being a
business and the one behind it being the Voo Swar owner's residence. He stated the
business potential of the Voo Swar Lounge and the hopes of a community which can
definitely use a social gathering place far outweigh the negatives.
Opio Sokoni, 9645 Old Baymeadows Road, recognized and asked that it be put into
the record that two elders in the Atlantic Beach community had recently passed away.
January 24, 2011 REGULAR COMMISSION MEETING Page 2
He stated Miss Tommie Lee Howell passed on January 15, 2011 and Reverend George
Young Sr. passed on January 13, 2011.
Sally Clemens, 1638 Park Terrace West, stated "orchestrated" was a poor word
choice to use regarding the citizens who attended and spoke at the January 10
Commission Meeting concerning Voo Swar Restaurant. She stated the citizens spoke
because of their concerns and asked did not the Ocean Walk citizens attend meetings
when they learned of the pipeline. She asked why Mr. Davis, whose business opened
in 1963, wasn't grandfathered in to remain commercial when the zoning was changed
in the 1980s. She stated this request was brought before the Commission because Voo
Swar needed a waiver of the land development regulations to apply for the State liquor
license, which then the State would monitor. She further stated Mr. Davis' business
has survived when so many other local establishments have closed so he must be
fulfilling a need and doing it well. She also stated in the land development regulations,
expanded or enlarged seem to be the key words that the opposition interprets against
the waiver. She stated since these words are in the land development regulations the
words expand or enlarge would limit the footprint of the building, not the food or
drink. She also stated parking seems to be an issue, but Voo Swar is a neighborhood
establishment that is accessible to walkers and the nearby church has also given Voo
Swar permission to use their parking lot. She stated Ocean 60 and Ragtime use public
parking. She further compared the police calls to those at Pete's Bar and other
establishments. She stated Mr. Davis is and has been a pillar for his family, church and
community and believes he and Voo Swar should receive a historical marker or plaque
for having the longest -owned restaurant operating in Atlantic Beach under the same
family.
Justin McCarthy, 356 8 th Street, addressed the Commission regarding the skateboard
park, stating he is thankful to Oceanside Rotary for the park and new lights. He stated
he has been working with Tim Gilboy regarding repairs to the park and asked that the
City expand the budget for repairs to the skateboard park to keep it safe and rolling
good. He also suggested the City expand the park which would allow a lot more users.
He stated he also believes that the Police rather than the maintenance workers should
be the ones to deal with unruliness at the skateboard park. He doesn't believe the
maintenance workers have the proper training, nor is it their place, to deal with people
who don't want to cooperate at the park. He further stated the dog leash ordinance is
too vague and restrictive as it relates to the dog being off leash while in or out of the
water at the beach.
Keith Doctor, 14423 Pablo Bay Drive, spoke in favor of Voo Swar stating it is a
wonderful business with old school music. He stated Mr. Earnest is a good man and is
well respected by everyone in that community. He stated he looks at the Voo Swar as
a part of history for blacks because they don't have any black clubs on this side of the
water. He stated he will go to Ragtime or Bukkets, but when he wants to hear good
music he goes to Voo Swar. He stated he hopes the Commission gives him what he is
asking for and not judge him by that community. He stated when he built Voo Swar he
did not know it would be surrounded by a community like it is now.
Martha Brown, 91 Edgar St., addressed the Commission regarding Voo Swar
Restaurant and Lounge, stating she was born and raised in Atlantic Beach and patrons
January 24 2011 REGULAR COMMISSION MEETING Page 3
the Voo Swar on a regular basis. She stated although they do have some problems in
their neighborhood, the police should know they are not from their area. She stated she
recently lost her father and Mr. Earnest came to her and said if there was anything they
could do for her to let him know. He said there was no cost to her, that was what they
were there for; we are a family in this community. She asked that the Commission
consider Mr. Earnest's and the Voo Swar Restaurant and Lounge's request, as he is a
benefit to their neighborhood. She further stated she, as well as the others here tonight,
are supporting Mr. Earnest and are pleased with the service he gives.
Lewis Washington, 35 Robert St., spoke in support of the special use permit for the
Voo Swar which he stated will allow the establishment to operate at a level that it
operated at before it was rezoned as residential. He stated this rezoning was done
through no fault of the Voo Swar, which has been operating without a single citation
for decades. He stated this restaurant is across the street from a business and is two
doors away from another business and he, personally, lives next door to the Voo Swar
and will continue to do so. He further stated the neighbor next door on the other side
of the business has not made any statements against the restaurant. He stated no
private citizens from the surrounding area have made a public comment against the
Voo Swar receiving this special use permit. He stated since the last Commission
meeting the Voo Swar has contacted business mentors to gain better ideas on how they
can be more successful. He further stated the increase in profits that the business will
receive as a result of obtaining this special use permit will allow them to invest in
security as well as hire 5 -8 people. He also stated they have initiated a campaign
asking the community to help them end drug sales and use in the entire community and
specifically on the streets adjacent to the Voo Swar.
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
City Manager Jim Hanson reported on issues raised at the last meeting regarding the
Voo Swar Lounge. He explained the parking analysis submitted by Erika Hall and
stated the minimum requirement for a business with 150 seats would be 38 and he has
since been told there are also adjacent lots that people would be allowed to park on so
parking would not be an issue. He further asked Chief Classey to report on the
statement made about the police response and some comparative information.
Chief Mike Classey explained the breakdown of the list of call types and distributed a
print out of call types for other bar /restaurant establishments throughout the City. He
further stated the average response time to calls to the Voo Swar was 2 minutes 37
seconds. Chief Classey answered several questions from the Commission.
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,
January 24 2011 REGULAR COMMISSION MEETING Palle 4
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
Utility Sales Report for December 2010.
B. Acknowledge receipt of certification for expenditure of forfeiture funds.
Mayor Borno read the Consent Agenda.
Motion: Approve Consent Agenda Items A and B as read.
Moved by Daugherty, 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. 65-11-37, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES, STREETS,
SIDEWALKS AND OTHER PUBLIC PLACES, BY ADDING A NEW SECTION
PROVIDING FOR THE PLACEMENT AND MAINTENANCE OF UTILITY
FACILITIES IN THE PUBLIC RIGHTS -OF -WAY WITHIN THE CITY, AND
PROVIDING AN EFFECTIVE DATE.
Mayor Borno read Ordinance No. 65 -11 -37 by title.
Motion: Approve Ordinance No. 65 -11 -37 as read.
Moved by Woods, Seconded by Fletcher.
Public Works Director Rick Carper explained the intent of the ordinance. He stated a
draft ordinance was provided to all the affected utilities and they had a meeting with
JEA to discuss the ordinance. He recognized Heather Baxter, the AT &T government
affairs representative, who was in the audience.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
January 24, 2011 REGULAR COMMISSION MEETING Page 5
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.
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.
Lewis Washington, 35 Robert Street, son of Earnest Davis, stated they have been
working with the City to make things better and with the Chamber of Commerce to
help their business advance to the next level.
No one else spoke so Mayor Borno closed the Public Hearing.
Commissioner Woods stated this is their business and they have a right to build the
kind of business they want to build and if they go in the wrong direction our
marketplace is self - regulating. She stated apparently this is the only bar /restaurant in
town without a liquor license and she can't imagine that it is going to make anything
awfully terrible happen and if it does the business will suffer the consequences. She
stated she believes as business owners they will do every step they can to keep their
business legitimate and working to remain the integral part of the community that it is.
Commissioner Daugherty stated he believes in Mr. Davis and Mr. Washington's intent
to operate a successful, good business that abides by the rules. He stated, however, it is
still a commercial building in a residential neighborhood. He stated what he is afraid
of is what this will attract.
Commissioner Fletcher stated he has an issue with the down- zoning. He further stated
when you consider land development waivers you look at the impact on the
neighboring and adjacent properties and when you drive by over there it looks like it is
commercially zoned. He stated it seems to be surrounded on all sides but one, which is
Mr. Washington's property, by commercial occupancy so when you consider the
impact on neighboring property, it doesn't hold up. He stated it is not imbedded right
inside a residential community and does not seem to be a severe impact on the adjacent
properties. He stated when you weigh whether or not to grant a land development
waiver, he does not see the negative there. He further stated he has not heard one
person come here and say they did not want this to be done. He stated the waiver just
allows them to get a liquor license, which is one upgrade from beer and wine, and he
does not believe that would cause a spike in crime. He stated he is generally not
January 24, 2011 REGULAR COMMISSION MEETING Pate 6
inclined to support a land development waiver, but in this case he is having a hard time
finding a really good reason not to.
Commissioner Parsons stated he has not seen anyone speak negatively about this and
the business has longevity. He stated it is a big exception for him to vote yes, but he
agrees they should give them a chance.
Mayor Borno stated he has had two meetings with Mr. Davis and Mr. Washington and
applauds the staff for their work on this. He stated history is tough but we look to the
future. He quoted his rector at church who said, individuals can change themselves but
individuals cannot change other people. He stated he believes in the future and he is
willing to take a chance.
Commissioner Daugherty stated this is an area he is personally vested in and he was
encouraged to see how many people came out to effectively change things and believes
they did a great job. He encouraged them, in the future, if there is anything they see in
their neighborhood to please call him or any of the other commissioners. He stated to
Mr. Davis that he hopes if the State does grant them this license that he does hire police
officers to be there to provide security. He stated he would love to see that area
become a better place for them to live and a better place for the children over there.
Mayor Borno asked the City Clerk to call the roll for the vote.
Roll Call Votes:
Aye: 4 — Fletcher, Parsons, Woods, Borno
Nay: 1- Daugherty
MOTION CARRIED
B. Request for a Waiver from City Code Section 19 -7 Driveway Limitations to
Allow a Circular Driveway on a Lot with Less Than 100 Foot Frontage - 1792 Sea
Oats Drive.
Mr. Carper explained the restriction in the Code regarding circular driveways and
summarized the waiver request. He stated staff recommends approval of this waiver.
Motion: Approve waiver to the City Code Section 19 -7 requirements.
Moved by Woods, Seconded by Fletcher.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
C. Award of Additive Alternate #2 for Bid No. 1011 -01 — Slide Gate
Replacements.
Public Utilities Director Donna Kaluzniak summarized her staff report and explained
the Additive Alternate which was previously deferred.
January 24, 2011 REGULAR COMMISSION MEETING Page 7
Motion: Award Additive Alternate #2 for Bid No. 1011 -01 — Slide Gates to WPC
Industrial Contractors, LLC in the amount of $245,000.
Moved by Fletcher, Seconded by Parsons.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
D. Report on City Use of Facebook.
Assistant City Manager David Thompson summarized his staff report stating, should
the Commission be interested in pursuing a Facebook page, his recommendation would
be to start out slowly with Recreation and Special Events.
Discussion ensued and the consensus was to add this to the Strategic Planning meeting.
City Manager 9. City Manager
A. City Manager's Report.
Mr. Hanson reported the Strategic Planning sessions will be facilitated by Dr. Robert
E. Lee this year. He distributed a proposed agenda and asked the Commission to look
it over and get back with any changes.
Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney
City Commissioners
City Attorney A. Modification to Verizon Wireless Lease.
City Attorney Alan Jensen explained this was a lease approved last fall that authorized
the City Manager to sign, which he did. He stated Verizon requested that the Mayor
sign it as well, and our Charter states either one can sign. He stated out of respect for
their request, he is recommending that the Commission authorize the Mayor to sign the
lease, as well.
Motion: Authorize the Mayor to sign the lease documents for the Amendment to
the Verizon Wireless Site Lease.
Moved by Woods, Seconded by Fletcher
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
B. Proposed rule requiring disclosure of financial interests when addressing the
Commission.
Commissioner Daugherty stated it concerns him when they don't know whether people
who speak before the Commission are being compensated to be there. He asked that
staff add something to the blue sheet asking if a speaker is being compensated to speak.
January 24. 2011 REGULAR COMMISSION MEETING Page 8
He believes it is important to know this when making judgments and to him it has a
huge bearing on how he perceives someone's comments. Discussion ensued.
City Attorney Jensen stated he has no problem with asking speakers to identify whether
they are speaking for someone else, i.e. such as an attorney representing someone; but
to ask if someone is being compensated is going too far. He stated this is getting into
attorney /client privilege and whether they are being compensated is not necessarily
something they have to disclose. Discussion ensued.
Mayor Borno directed the City Attorney to research this and report back with
recommendations on how to change our blue slip.
Commissioner Woods
• Reported on the Dial -a -Ride Bowlathon and thanked everyone who contributed.
Commissioner Daugherty
• Mentioned an email the City Attorney sent in response to an email from
Commissioner Woods. He stated the last sentence in the email: "Your
continued efforts to undermine lawful actions taken by the city commission
need to stop. You also need to get your facts and law straight." is language he
does not consider professional in addressing, basically, your boss. He stated the
City Attorney works for all of us and encouraged the Commission to read it and
form their own opinions.
Commissioner Woods
• Thanked Commissioner Daugherty, stating she appreciates his support. She
stated the City Attorney wasn't asking for her law opinion, he was asking why
she did what she did and she was frank and honest with him and she believes he
just uses it as an excuse to continue to beat up on her and make her look bad
and it is unprofessional.
Commissioner Fletcher
• Stated City Attorney Jensen is defending the City of Atlantic Beach in litigation
and we need a forceful voice to represent the City. He stated Commissioner
Woods has tried to undermine the City Commission's decision on that matter
since the day they did it and they need a forceful voice behind the rest of the
Commission.
Commissioner Daugherty
• Agreed with Commissioner Fletcher that the City Attorney is representing the
City but believes that kind of communication needs to come from the
Commission and not Mr. Jensen. He stated the City Attorney's job is to
represent the Commission's wishes and also to advise them on issues and how
to proceed but there have been things in the past, specifically with
Commissioner Woods as far as arguments, etc. in the Chamber and he has been
disappointed. He stated he hopes a different decorum will take place in the
future.
January 24 2011 REGULAR COMMISSION MEETING Paize 9
Commissioner Fletcher
Believes they all do the best they can do under the circumstances they operate
in and they have a great City. He stated he believes Mr. Jensen does a great
job.
Commissioner Parsons
• Regarding the meeting on ethics where the Mayor represented the three beaches
cities and Baldwin, he stated he agreed with the Mayor and does not agree with
Commissioner Woods. He further stated he has no problem with Mr. Jensen's
wording.
Mayor Borno
• Stated what Commissioner Parsons was referring to was an article in the paper
this morning. He stated he represented the beaches cities and Baldwin at the
Duval Legislation meeting for clarification of who will be covered by the J -6
bill. He stated the way it was written it was unknown who it was representing
and they had asked for an amendment to be put in but our verbiage was not
accepted. He stated another amendment was put in that was accepted and it
clarified who was covered by the issue; it had nothing to do with the ethics bill.
He stated it applied to home rule; we are a charter city, they are a charter city
and we don't want crossed jurisdictions between the two.
• He stated he understands that Commissioner Woods has requested something
regarding ethics be put on the agenda for February 14 and asked that she
consider putting it on the February 28 agenda so they have a full commission.
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:58
p.m.
Mike Borno, Mayor/Presiding Officer
ATTEST:
Donna L. Bartle, CMC
City Clerk