Held Monday, February 7, 2011, at 7:00 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. OPENING CEREMONIES: Invocation was by Council Member Knight, followed by the Salute to the Flag. ROLL CALL: Mayor: Fland Sharp Council Members: Lee Buck Penny Christian Rick Knight Steve Hartkemeyer Jeanell Wilson Tom Taylor Also present were City Manager George Forbes, City Attorney Susan Erdelyi, and Acting City Clerk Judy Bullock. APPROVAL OF MINUTES: It was moved by Ms. Christian, seconded by Mr. Buck, and passed, to approve the following minutes, as presented: City Council Workshop Meeting Minutes, January 18, 2011 Regular City Council Meeting Minutes, January 18, 2011 Special City Council Meeting Minutes, January 26, 2011 City Council Workshop Meeting Minutes, February 1, 2011 ANNOUNCEMENTS: Ms. Wilson advised that she had received a call from a resident asking if it is possible to alter the route of the upcoming 26.2 with Donna Breast Cancer Marathon. COURTESY OF THE FLOOR TO VISITORS: MAYOR AND CITY COUNCIL: CITY CLERK: CITY MANAGER: (a) Approval to Retire K-9 "Reddick and Transfer Ownership to Corporal Morris Ingle, Jr. RC110207min Page 1 of 5
It was moved by Ms. Christian, seconded by Mr. Buck to approve the transfer of ownership of K-9 Reddick to Corporal Morris G. Ingle, Jr. Roll call vote: Ayes Buck, Christian, Hartkemeyer, Knight, Taylor, Wilson, and Mayor (b) Award Bid 1011-03 for an Articulating Trencher Backhoe It was moved by Ms. Christian, seconded by Mr. Buck, to award Bid 1011-03 to Flagler Construction Equipment for the purchase of one articulating trencher backhoe. (Cost with trade-in of two Case 360 Trencher Backhoes - $41,500) Roll call vote: Ayes Christian, Hartkemeyer, Knight, Taylor, Wilson, Buck, and Mayor ORDINANCES: (a) ORDINANCE NO. 2011-7996 FIRST READING Mayor Sharp requested the Acting City Clerk read Ordinance No. 2011-7996 by title on its AN ORDINANCE AMENDING CHAPTER 4, ALCOHOLIC BEVERAGES, OF THE CODE OF ORDINANCES OF THE CITY OF JACKSONVILLE BEACH, FLORIDA, BY AMENDING SECTION 4-2, HOURS OF SALE PERMITTED ; AND SECTION 4-3, DRINKING IN PUBLIC; PRIMA FACIE EVIDENCE ; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. No. 2011-7996, on its first reading, as read by title, amending specified sections of Chapter 4, Alcoholic Beverages. Speaker: Hector Pagan, 1361 South 13 th Avenue, Ste. 210, Jacksonville Beach declined to speak after he learned he had received incorrect information about the ordinance. Mayor Sharp asked that City Attorney Susan Erdelyi provide a summary of the ordinance. Ms. Erdelyi explained that the ordinance requires operators of establishments authorized to sell/serve alcoholic beverages for purposes of consumption on premises to obtain a permit issued by the City to remain open for business between the hours of 12:00 a.m. and 2:00 a.m. The permit also requires the establishment to take all necessary steps to minimize illegal activities. If illegal activities should occur, the establishment would receive a warning; a RC110207min Page 2 of 5
subsequent violation occurring within 180 days will result in a Notice of Violation. A Notice of Violation will require an appearance before the City s Special Magistrate for consideration of suspension of the privilege of the extended hours of operation. Speakers: Dean McCauslin, 14083 Mystic Lane, Jax Beach spoke in opposition Evan Rojta, 222 N. 13 th Ave., Jax Beach spoke in opposition Fernando Meza, 607 S. 7 th Ave., Jax Beach spoke in opposition Darrell Shields, 315 N. 18 th St., Jax Beach spoke in favor James Bell, 3851 Grande Blvd., Jax Beach spoke in opposition Tony Largura, 222 N. 13 th Ave., Jax Beach spoke in opposition Bill Stevens, 733 N. 2 nd Ave., Jax Beach spoke in opposition Jon Detlefs, 8271 Perimeter Park Ct. Jacksonville spoke in opposition Mayor Sharp requested that Police Chief Bruce Thomason address speakers concerns. Chief Thomason addressed concerns raised by business owners that they could be held accountable for the actions of a patron arriving at their establishment already intoxicated. Chief Thomason explained that an officer would perform an investigation and would need to prove that a business is at fault before any action would be taken. He advised in 2010 over 800 alcohol-related calls were received by the police department, with only eight of those calls originating from restaurants (i.e. Carrabas, Outback, Bonefish Grill, etc.). Speakers: Discussion: Jim Overby 21 Burling Way, Jax Beach spoke in favor Raul Arias Mambos, 311 N. 3 rd St., Jax Beach stated he was misinformed and has no problem with the ordinance Eileen Alexon, 51 S. Roscoe Blvd., Ponte Vedra spoke in opposition Joshua Rotta, 1030 N. 4 th St., Jax Beach spoke in opposition John Alexon, 51 S. Roscoe Blvd., Ponte Vedra spoke in opposition Valerie Britt 506 N. 15 th Ave., Jax Beach - spoke in favor Sandy Golding, 1203 N. 18 th Ave., Jax Beach spoke in favor Robert Dotson, 525 N. 3 rd St., Jax Beach spoke in opposition Lance Folsom, 1022 N. 23 rd St., Jax Beach spoke in favor Council members discussed the pros and cons of the ordinance. Roll call vote: Hartkemeyer yes, Knight yes, Taylor no, Wilson no, Buck yes, Christian yes, and Mayor Sharp yes. Motion carried by a vote of 5 to 2. (b) ORDINANCE NO. 2011-7997 FIRST READING Mayor Sharp requested the Acting City Clerk to read Ordinance No. 2011-7997 by title on its RC110207min Page 3 of 5
AN ORDINANCE AMENDING CHAPTER 5, ANIMALS AND FOWL, ARTICLE II, DIVISION I, OF THE CODE OF ORDINANCES OF THE CITY OF JACKSONVILLE BEACH, FLORIDA, BY RESCINDING SECTION 5-23. DEFINITIONS. AND SUBSTITUTING A NEW SECTION 5-23. DEFINITIONS. ; BY RESCINDING SECTION 5-24. DANGEROUS DOGS. AND SUBSTITUTING A NEW SECTION 5-24. DANGEROUS DOGS. PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. (This proposed ordinance will replace the Animal Control Board with the Special Magistrate.) Discussion: No. 2011-7997, as read by title, on its first reading, amending Chapter 5 of the Code of Ordinances, replacing the Animal Control Board with the Special Magistrate. Mr. Forbes explained that the ordinance will replace the Animal Control Board with the City s Special Magistrate. Currently the Animal Control Board hears cases involving attacks or menacing actions by dogs. He explained that the Board has functioned well, however the City s Special Magistrate would be a more appropriate entity to hear and adjudicate animalrelated complaints. Roll call vote: Ayes Knight, Taylor, Wilson, Buck, Christian, Hartkemeyer, and Mayor (c) ORDINANCE NO. 2011-7998 FIRST READING Mayor Sharp requested the Acting City Clerk read Ordinance No. 2011-7998 by title on its AN ORDINANCE OF THE CITY OF JACKSONVILLE BEACH, FLORIDA AMENDING SECTION 2-173 JURISDICTION OF THE SPECIAL MAGISTRATE OF ARTICLE VI CODE ENFORCEMENT OF CHAPTER 2 OF THE CODE OF ORDINAINCES, KNOWN AS THE CODE ENFORCEMENT ORDINANCE OF THE CITY OF JACKSONVILLE BEACH, FLORIDA, BY REPEALING SECTION 2-173 IN ITS ENTIRETY AND REPLACING IT WITH A SECTION 2-173 ADDING SECTION 4-2 PROHIBITED HOURS OF SALE, CONSUMPTION, AND SERVICE OF CHAPTER 4 ALCOHOLIC BEVERAGES AND SECTIONS 5-23 DEFINITIONS, 5-24 DANGEROUS DOGS, 5-24.1 ATTACK OR BITE BY DANGEROUS DOG, AND 5-24.2 PENALTY OF CHAPTER 5 ANIMALS AND FOWL TO SECTION 2-173 JURISDICTION OF SPECIAL MAGISTRATE OF ARTICLE VI CODE ENFORCEMENT OF CHAPTER 2 ADMINISTRATION; PROVIDING FOR RC110207min Page 4 of 5
SEVERABILLITY; AND PROVIDING AN EFFECTIVE DATE. (This ordinance allows the Special Magistrate to hear cases on violations of the Code of Ordinances regarding the sale of alcoholic beverages and dangerous dogs.) No. 2011-7998, as read by title, on its first reading, allowing the Special Magistrate to hear cases of violations of the City Code involving the sale of alcoholic beverages and dangerous dogs. Roll call vote: Taylor - no, Wilson -no, Buck -yes, Christian - yes, Hartkemeyer- yes, Knight - yes, and Mayor Sharp - yes. Motion carried by a vote of 5-2. ADJOURNMENT There being no further business coming before the Council, Mayor Sharp adjourned the meeting at 8:26 p.m. Submitted by: Judy L. Bullock Acting City Clerk Approval: /s/fland O. Sharp Fland O. Sharp, Mayor Date: February 21, 2011 RC110207min Page 5 of 5