CITY OF JACKSONVILLE BEACH FLORIDA MEMORANDUM TO: The Honorable Mayor and Members of the City Council City of Jacksonville Beach, Florida

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1 CITY OF JACKSONVILLE BEACH FLORIDA MEMORANDUM TO: The Honorable Mayor and Members of the City Council City of Jacksonville Beach, Florida Council Members: The following Agenda of Business has been prepared for consideration and action at the Regular Meeting of the City Council on Monday, July 19, 2010, at 7:00 P.M. in the Council Chambers, 11 North Third Street, Jacksonville Beach, Florida. Opening Ceremonies: Invocation Salute to the Flag Roll Call 1. APPROVAL OF MINUTES: Regular City Council Meeting, held June 21, 2010 Special Council Meeting, held July 6, ANNOUNCEMENTS: 3. COURTESY OF THE FLOOR TO VISITORS: 4. MAYOR AND CITY COUNCIL: 5. CITY CLERK: (a) Appointment of Two Members to the Board of Adjustment, as the Terms of Keith Hall and John Moreland will Expire on August 6, 2010 RC100719agn Page 1 of 3

2 Memorandum, Mayor and City Council City Council Agenda for July 19, CITY MANAGER: (a) Approve Monthly Financial Reports Month of June 2010 (b) Approval of the Budget Workshop Schedule (c) Accept a 75% Matching Grant for Automatic External Defibrillators (AED) and Training in the Amount of $11, from the Florida Department of Health, and Authorize a City 25% Match of $3, (d) Approval to Extend the Contract with R.A.W. Construction, LLC for the Completion of Phase II of the Natural Gas Distribution System. (e) City Council Approval of Bid No Gasoline and Diesel Fuel Months Requirements 7. RESOLUTIONS: 8. ORDINANCES: (a) ORDINANCE NO SECOND READING AN ORDINANCE TO AMEND AN ORDINANCE ENACTING AND ESTABLISHING A COMPREHENSIVE LAND DEVELOPMENT REGULATION AND OFFICIAL ZONING MAP FOR THE INCORPORATED AREA OF THE CITY OF JACKSONVILLE BEACH, FLORIDA, AS AUTHORIZED BY CHAPTER , FLORIDA STATUTES, BY REPEALING ARTICLE IV DEFINITIONS AND REPLACING IT WITH A NEW ARTICLE IV DEFINITIONS TO ADD NEW OR REVISED DEFINITIONS RELATED TO PUBLIC SCHOOL CONCURRENCY, BY AMENDING DIVISION 4 REVIEW FOR ADEQUATE PUBLIC FACILITIES OF ARTICLE X. ADEQUATE PUBLIC FACILITIES STANDARDS TO REVISE CERTAIN TEXT AND TO ADD A NEW SECTION PUBLIC SCHOOL FACILITIES CONCURRENCY APPLICATION AND REVIEW PROCEDURES; TO REPEAL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES. RC10719agn Page 2 of 3

3 Memorandum, Mayor and City Council City Council Agenda for July 19, 2010 (b) ORDINANCE NO SECOND READING AN ORDINANCE AMENDING SECTION 29 DISCHARGE, SUSPENSION, ETC., OF OFFICERS AND EMPLOYEES; BOARD OF APPEAL, SECTION 32 RIGHT OF MANAGER AND OTHER OFFICERS IN COUNCIL AND REPEALING SECTION 13, ASSISTANT CITY CLERK AND SECTION 60, OFFICIAL BONDS IN THE CITY CHARTER. Respectfully submitted, /s/george D. Forbes CITY MANAGER GDF: cmm 07/15/2010 If a person decides to appeal any decision made by the City Council with respect to any matter considered at any meeting, such person may need a record of the proceedings and, for such purpose, such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The public is encouraged to speak on issues on this Agenda that concern them. Anyone who wishes to speak should submit the request to the City Clerk prior to the beginning of the meeting. These forms are available at the entrance of the City Council Chambers for your convenience In accordance with the Americans with Disabilities Act and Section , Florida Statute, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk s Office at (904) , ext 10, no later than 12:00 PM, Friday, July 16, RC10719agn Page 3 of 3

4 Minutes of Regular City Council Meeting held Monday, June 21, 2010 at 7:00 P.M. In the Council Chambers, 11 North 3 rd Street, Jacksonville Beach, Florida. CALL TO ORDER: The meeting was called to order by Mayor Fland Sharp. OPENING CEREMONIES: Invocation was by Council Member Buck, followed by the Salute to the Flag. ROLL CALL: Mayor: Fland Sharp Council Members: Lee Buck Penny Christian Rick Knight Dick Matthews Steve Hartkemeyer (absent) Tom Taylor Also present were Finance Officer Harry Royal, Assistant City Clerk Judy Bullock, and Senior Secretary Catherine Martinich. APPROVAL OF MINUTES: It was moved by Ms. Christian, seconded by Mr. Buck, and passed, to approve the minutes of the Council Workshop held May 25, 2010, and the Regular Council Meeting held June 7, ANNOUNCEMENTS: Council Member Taylor commended city staff for a great job on the Jazz Concert. COURTESY OF THE FLOOR TO VISITORS: Darrell Shields, 315 North 18 th Street, Jacksonville Beach, addressed the Council on shortening the lengths of time that building permits are active. Mr. Shields also provided council members with a handout. CITY CLERK: (a) Appointment to Planning Commission Regular Member Appointment - Motion: It was moved by Mr. Matthews, seconded by Mr. Buck, to move William Callan from 1 st Alternate to a Regular member for a four-year term beginning July 1, 2010 and ending on June 30, RC100621min Page 1 of 7

5 Minutes of Regular City Council Meeting held Monday, June 21, 2010 Roll call vote: Ayes - Buck, Christian, Knight, Matthews, Taylor, and Mayor Sharp; motion approved unanimously. 1 st Alternate Appointment - Motion: It was moved by Mr. Knight, seconded by Mr. Taylor, to move David Dahl from 2 nd Alternate, to 1 st Alternate, term to expire February 1, Roll call vote: Ayes - Christian, Knight, Matthews, Taylor, Buck, and Mayor Sharp; motion approved unanimously. 2 nd Alternate Appointment It was moved by Mr. Knight, seconded by Mr. Taylor, to appoint Thomas Baker as 2 nd Alternate to complete an unexpired term, expiring on February 1, Roll call vote: Ayes - Knight, Matthews, Taylor, Buck, Christian, and Mayor Sharp; motion approved unanimously. CITY MANAGER: (a) Approval Monthly Financial Reports Month of May 2010 Motion: It was moved by Ms. Christian, seconded by Mr. Buck, and passed, to accept the Monthly Financial Reports for the month of May (b) Authorize the Execution of a Mutual Aid Agreement with Mayport Naval Station for Fire and Rescue Services Motion: It was moved by Ms. Christian, seconded by Mr. Buck, to authorize the Mayor and City Manager to execute a mutual aid agreement for Fire and Rescue Services with Mayport Naval Station, and authorize future renewals if in substantial compliance and approved and executed by the Mayor and City Manager. Roll call vote: Ayes Matthews, Taylor, Buck, Christian, Knight, and Mayor Sharp; motion carried unanimously. (c) Motion: Approve Employee Insurance Benefits, Third Party Administration (TPA) and Voluntary Insurance Plan Renewals for October 1, 2010 It was moved by Ms. Christian, seconded by Mr. Buck, to approve contracts with CIGNA, Medcom, Ceridian and ALLSTATE, as outlined in the memorandum dated June 16, 2010, from Sue Taylor, Human Resources Director and titled Employee Insurance Benefits, Third Party Administration (TPA) and Voluntary Insurance Plan Renewals for October 1, RC100621min Page 2 of 7

6 Minutes of Regular City Council Meeting held Monday, June 21, 2010 Discussion: Sue Taylor, Human Resources Director reviewed the insurance plans and explained that changes regarding the plans were received after council received their agenda packet. She advised that the changes were as follows: Page 2, last bullet at the top. Remove. The reserve does not have to be increased by $82,332. Page 2, second paragraph regarding dental insurance. All dental rates are renewed with no change in plans or rates. Page 2, third paragraph regarding overall projected cost. Change the new cost number to $2,973,198. This was arrived at by taking $3,055,530 and subtracting the additional reserve amount of $82,332 above. Amended Motion: It was moved by Ms. Christian, seconded by Mr. Buck, to approve the insurance contracts with the updated figures provided by Ms. Taylor. Roll call vote: Ayes Taylor, Buck, Christian, Knight, Matthews, and Mayor Sharp; motion carried unanimously. (d) Authorize Design of the 2 nd Street North Sewer Replacement and Related Improvements Project (14 th to 20 th Avenue North) Motion: It was moved by Ms. Christian, seconded by Mr. Buck, to authorize Final Design Services with Waitz and Moye, Incorporated, for the 2 nd Street North Sewer Replacement and Related Improvements Project (from 14 th Avenue North to 20 th Avenue North), as explained in the memorandum from the Public Works Director, dated June 9, Roll call vote: Ayes Buck, Christian, Knight, Matthews, Taylor, and Mayor Sharp; motion carried unanimously. (e) Approve Purchase of One (1) Replacement Pickup Truck from the Sheriffs Association Contract (# ) for the Public Works Streets Division Motion: It was moved by Ms. Christian, seconded by Mr. Buck, to authorize purchase of one replacement Ford F150, 4 by 4, Pickup Truck for the Public Works Streets Division, as explained in the memorandum from the Public Works Director, dated June 9, (estimated cost of $19,649.00) Roll call vote: Ayes - Christian, Knight, Matthews, Taylor, Buck, and Mayor Sharp; motion carried unanimously. RC100621min Page 3 of 7

7 Minutes of Regular City Council Meeting held Monday, June 21, 2010 (f) Approval of Bid for Purchase of Electric Meters, 24 Months Requirement Motion: It was moved by Ms. Christian, seconded by Mr. Buck, to award Bid for electric meters to WESCO Distribution, Inc., for bid item number 4; Electric Supply Co. for bid item number 2; Tri-State Utility Products, Inc. for bid item number 3A; and HD Supply Utilities for bit item numbers 1, 3B, 5 and 6 for the unit price purchase of electric kilowatt-hour meters for a period of 12 months, with an option to renew the contract for an additional one-year extension, upon approval of the City Manager. Roll call vote: Ayes - Knight, Matthews, Taylor, Buck, Christian, and Mayor Sharp; motion carried unanimously. (g) Approval of Bid for Refurbishment, Repair and Disposal of Distribution Transformers, 24 Months Requirements Motion: It was moved by Ms. Christian, seconded by Mr. Buck, to award Bid Number to both RTS Transformers and Florida Transformer for refurbishment, repair and disposal of distribution transformers for a period of one year, with an option to renew for an additional one-year extension, upon approval by the City Manager. Roll call vote: Ayes - Matthews, Taylor, Buck, Christian, Knight, and Mayor Sharp; motion carried unanimously. ORDINANCES: ORDINANCE NO SECOND READING Mayor Sharp requested the Assistant City Clerk read Ordinance No , by title on its second reading; whereupon Ms. Bullock read the following: AN ORDINANCE TO AMEND AN ORDINANCE ENACTING AND ESTABLISHING A COMPREHENSIVE LAND DEVELOPMENT REGULATION AND OFFICIAL ZONING MAP FOR THE INCORPORATED AREA OF THE CITY OF JACKSONVILLE BEACH, FLORIDA, AS AUTHORIZED BY CHAPTER , FLORIDA STATUTES, BY AMENDING DIVISION 2. SUPPLEMENTAL STANDARDS, SECTION OUTDOOR RESTAURANTS AND BARS OF ARTICLE VIII. SITE DEVELOPMENT STANDARDS TO MODIFY THE LIMITATIONS AND CONDITIONS FOR OUTDOOR RESTAURANTS AND BARS; TO REPEAL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND FOR OTHER PURPOSES. RC100621min Page 4 of 7

8 Minutes of Regular City Council Meeting held Monday, June 21, 2010 Motion: It was moved by Ms. Christian, seconded by Mr. Buck, to adopt Ordinance No , amending Land Development Code Sec , by eliminating the minimum distance requirement from residential uses for outdoor restaurant and bar conditional use applications, on its second reading, as read by title. Substitute Motion: It was moved by Mr. Knight, seconded by Mr. Taylor, to amend Ordinance No , by retaining paragraph (d) of LDC Sec , and having it read: Except when located in the Central Business District: CBD, any approved conditional outdoor restaurant or bar area that lies within 150 of any residential use which is not located on the same property as the outdoor restaurant or bar shall close no later than 10:00 PM nightly. The minimum separation between an outdoor restaurant or bar and the residential use shall be measured from the edge of the outdoor seating area to the nearest property line of the residential use. There shall be no minimum distance from residential uses for approved outdoor restaurant or bar areas located within the Central Business District: CBD. Speakers: The following persons spoke in opposition to the ordinance: Jim Overby, 21 Burling Way, Jacksonville Beach Darrell Shields, 315 North 18 th Street, Jacksonville Beach Marvin Gillman, 1331 North 1 st Street, Jacksonville Beach did not address the council, but turned in a speaker card opposing the ordinance. Discussion: A brief discussion ensued regarding the intent of the ordinance (for establishments to cease serving at a time that would have all outdoor seating closed by 10:00 p.m.), the boundaries of the CBD (2 nd Avenue South to 6 th Avenue North and from 3 rd Street to the ocean), and concerns of council members that the noise generated would have a negative impact on residential areas. Amendment to Ordinance - Roll call vote: Nays - Buck, Christian, Matthews, and Mayor Sharp; Ayes - Knight and Taylor. Motion failed by a vote of 4 to 2. Original Motion to Adopt on Second Reading - Roll call vote: Nays - Buck, Christian, Knight, Matthews, Taylor and Mayor Sharp. Motion failed by a unanimous vote. RC100621min Page 5 of 7

9 Minutes of Regular City Council Meeting held Monday, June 21, 2010 ORDINANCE NO FIRST READING PUBLIC HEARING Mayor Sharp requested the Assistant City Clerk read Ordinance No , by title on its first reading; whereupon Ms. Bullock read the following: AN ORDINANCE TO AMEND AN ORDINANCE ENACTING AND ESTABLISHING A COMPREHENSIVE LAND DEVELOPMENT REGULATION AND OFFICAL ZONING MAP FOR THE INCORPORATED AREA OF THE CITY OF JACKSONVILLE BEACH, FLORIDA, AS AUTHORIZED BY CHAPTER , FLORIDA STATUTES, BY REPEALING ARTICLE IV DEFINITIONS AND REPLACING IT WITH A NEW ARTICLE IV DEFINITIONS TO ADD NEW OR REVISED DEFINATIONS RELATED TO PUBLIC SCHOOL CONCURRENCY, BY AMENDING DIVISION 4 REVIEW FOR ADEQUATE PUBLIC FACILITIES OF ARTICLE X. ADEQUATE PUBLIC FACILITIES STANDARDS TO REVISE CERTAIN TEXT AND TO ADD A NEW SECTION PUBLIC SCHOOL FACILITIES CONCURRENCY APPLICATION AND REVIEW PROCEDURES; TO REPEAL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES. Motion: It was moved by Ms. Christian, seconded by Mr. Buck, to adopt Ordinance No , amending Land Development Code Article IV. Definitions and Article X. Adequate Public Facilities Standards to add Public School Facilities Concurrency application and review procedures, on its first reading, as read by title. Public Hearing Mayor Sharp opened the Public Hearing and seeing no one who wished to address the Council, the Public Hearing was closed. Roll call vote: Ayes Christian, Knight, Matthews, Taylor, Buck, and Mayor Sharp; motion carried unanimously. ORDINANCE NO FIRST READING Mayor Sharp requested the Assistant City Clerk read Ordinance No , by title on its first reading; whereupon Ms. Bullock read the following: AN ORDINANCE AMENDING SECTION 29 DISCHARGE, SUSPENSION, ETC., OF OFFICERS AND EMPLOYEES; BOARD OF APPEAL, SECTION 32 RIGHT OF MANAGER AND OTHER OFFICERS IN COUNCIL AND REPEALING SECTION 13, RC100621min Page 6 of 7

10 Minutes of Regular City Council Meeting held Monday, June 21, 2010 ASSISTANT CITY CLERK AND SECTION 60, OFFICIAL BONDS IN THE CITY CHARTER. Motion: It was moved by Ms. Christian, seconded by Mr. Buck, to adopt Ordinance No , amending the City Charter and providing for a referendum of the voters at the November 2, 2010, election, on its first reading, as read by title. A letter from David L. Smith was submitted, for the record, concerning the legality of the ordinance. Roll call vote: Ayes Knight, Matthews, Taylor, Buck, Christian, and Mayor Sharp; motion carried unanimously. ADJOURNMENT There being no further business coming before the Council, Mayor Sharp adjourned the meeting at 7:40 p.m. Submitted by: Judy L. Bullock Assistant City Clerk Approval: Fland O. Sharp, Mayor Date: July 19, 2010 RC100621min Page 7 of 7

11 Minutes of Special City Council Meeting held Tuesday, July 6, 2010 at 2:00 P.M. In the Council Chambers, 11 North 3 rd Street, Jacksonville Beach, Florida. CALL TO ORDER Mayor Fland Sharp called the meeting to order. PRESENT: Mayor: Fland Sharp Council Members: Lee Buck (late) Rick Knight Tom Taylor Dick Matthews Steve Hartkemeyer Council member Penny Christian was absent. Also present were City Manager George Forbes, City Attorney Susan Erdelyi, and Assistant City Clerk Judy Bullock. PURPOSE OF MEETING Mayor Sharp explained that the purpose of the meeting was for consideration of terminating the employment of City Clerk Heidi Huettinger. OPEN FLOOR TO PUBLIC COMMENTS Mayor Sharp opened the floor for public comments; no one came forward to address the Council. MOTION It was moved by Council Member Matthews, seconded by Council Member Hartkemeyer, to approve the decision by the City Manager to terminate the City Clerk s employment with the City of Jacksonville Beach, effective today; and to approve the City Manager s decision to suspend the City Clerk without pay from June 14, 2010, until July 6, Council member Buck arrived at the meeting. Mayor Sharp requested that the Assistant City Clerk read the motion currently under consideration for Mr. Buck s information. Ms. Bullock read the motion. There being no discussion, the vote was called. Roll call vote: Ayes - Buck, Hartkemeyer, Knight, Matthews, Taylor, and Mayor Sharp; motion approved unanimously. SC100706min Page 1 of 2

12 Minutes of Special City Council Meeting held Tuesday, July 6, 2010 ADJOURNMENT There being no further business coming before the Council, Mayor Sharp adjourned the meeting at 2:04 p.m. Submitted by: Judy L. Bullock Assistant City Clerk Approval: Fland O. Sharp, Mayor Date: July 19, 2010 SC100706min Page 2 of 2

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20 July 14, 2010 Page 2 of2 Budget Workshop Calendar Date Friday :00-5:00 p.m. Monday 8-2 4:00-6:00 p.m. Tuesday 8-3 4:00-6:00 p.m. Monday 8-9 4:00-6:00 p.m. Tuesday :00-6:30 p.m. Topic/Department Reviewed Budget Tour of the City City Hall Financial Condition Executive & Legislative Planning & Development Finance Human Resources Public Works Police Fire Beaches Energy Services Parks & Recreation ALL WORKSHOPS WILL BE HELD IN THE CONFERENCE ROOM BEHIND THE COUNCIL CHAMBER. Tentative Dates for Bndget Adoption: First Reading: Second Reading: First choice: Tuesday, September 7, 2009, City Hall, 6:00 p.m. Monday, September 13 at 6:00 p.m. These dates may change, subject to the dates chosen by the School Board and the County.

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