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10-22-12MINUTES REGULAR CITY COMMISSION MEETING October 22, 2012 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno Mayor Pro Tern Maria Mark Commissioner Mark Beckenbach Commissioner Jonathan Daugherty 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 6:30 p.m. Mayor Borno gave the Invocation, followed by the Pledge of Allegiance to the Flag. Approve the minutes of the Regular Commission Meeting of October 8, 2012. Approve the minutes of the Special Called (Shade) Meeting of October 8, 2012. Approve the minutes of the Commission Briefing of October 5, 2012. Mayor Borno asked if there were any corrections to the above minutes and there being none, he stated the minutes will stand as submitted. 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. Gretchen Deters -Smith, 346 Magnolia Street, addressed the Commission regarding the animal control issue in her neighborhood related to the three pit bulls at 330 Magnolia Street. She stated all three were loose on August 24, 2012 and were in her driveway and running around her house. She related an incident with the black dog, Jewel, who was in her driveway between her friend and her car door barking in a very menacing way. Jennifer Chalot, 322 Magnolia Street, stated she is also concerned about the three pit bulls and was here to address the Notice of Violation, referencing Article A, that was sent to her neighbor, Suzanne LeViseur on October 10, 2012. She further stated her neighbor received a letter stating she had to confine the dogs until there was a determination as to whether they were dangerous dogs. She also distributed photos to the Commission explaining each photograph and stating they show that her neighbors, for a long time, have underestimated this problem. She further addressed a hot tub in the neighbor's backyard that is filled with black water and causes mosquitoes. She stated she does not believe her neighbors have complied with Article A of Section 12.1 in any regard in terms of keeping a sanitary place for their dogs. She stated it is a sad situation and she would like to see it rectified tonight. Lindsay Cole, 338 Magnolia Street stated she was here to address the issue of the nuisance violation at 330 Magnolia Street, which is her next door neighbor. She stated the reasons the Commission should uphold the City's determination of a public nuisance are well documented. She stated the timeline of events and the utter disregard of their neighbors and the law as demonstrated by the residents of 330 Magnolia Street clearly support that this extreme remedy is necessary to protect the health and safety of the public. She related several instances of attacks by the dogs. She stated it seems apparent that they don't believe the laws apply to October 22, 2012 REGULAR COMMISSION MEETING Page 2 them and they simply allow these dogs to be unleashed into the neighborhood. She stated another issue is that the dogs are left on an unsecured second story balcony where they spend hours on end barking and snarling at every passerby. She stated she believes this case is indicative of precisely why public nuisance laws exist. She stated she believes the actions of Ms. LeViseur and Ms. Babillis have left the City with a clear obligation to act in this case. She urged the Commission to act now to protect the citizens of Atlantic Beach by upholding the determination of a public nuisance and requiring its immediate abatement. Scott Owens, 1911 Creekside Circle, stated his dog was attacked on May 3, 2012 and asked why July, August, September and October show up as affidavits is beyond him. He stated he sees three massive fails in this situation: fails on the part of the owners, fails on the part of the residents and fails on the part of the City. He elaborated on each fail. He further stated some of the biggest animal lovers he knows don't have a pet because they don't have the time or money to take care of their animals properly and he applauds those people. Tiffany Jackson, 7701 Timberlin Park, stated she loves these dogs that are being charged by the allegations and does not believe them. She stated she believes some of these allegations are over -reactions and very imaginative. She stated she has never met anybody who loves their dogs more than Willi. She stated she believes if they can sit down and talk about the allegations that are being brought to them then maybe they can find some common ground. Tracy Shim, 2409 Cool Springs Drive S., stated she has been friends with Suzanne and Willi for a long time. She stated she can't speak to all the incidences that were reported because she wasn't there but she can speak to when she is with the dogs, which is not very often. She stated it could be 9 months to a year that she doesn't see the dogs and Suzanne might be travelling and asks her to walk the dogs. She stated she will give her a key and she walks straight through the door with no problem. She stated she has never been attacked by them. She stated the dogs have been to her house and having never met her dog, a small Pembroke Welsh Corgi, rushed straight up to her, smelling her and they just ran around the back yard with her. She stated she agrees with Mr. Owens that it shouldn't have gone this far. She stated she knows Willi loves her dogs and hopes that will weigh in on any decision. Davida Dale, 2001 Hodges Blvd., stated she has known Suzanne and Willi for 19 years and has the utmost respect for them. She stated she is not saying that not keeping them on the leash is the right thing to do but she is not hearing any resolutions about what can be done or help for this family, aside from just putting it on them. She asked what happens to the dogs and the family if it is decided they can't keep them. She stated Willi loves her animals and does the best she can. She stated her mom travels a lot because she is a single mom and works. She stated they are upstanding people and the last thing they want is for any problems or anybody to get hurt. She stated she knows one of the dogs and it is a wonderful dog. She stated she has never had a problem with it. Rosalind Hoffman, 266 Magnolia Street, stated her first affidavit was written in 2009 when Jack was running loose, Willi was chasing after him, asking neighbors to help her catch him. She stated she had no voice control and now she has three of them. She stated she understands loving your dogs which is why she is here. She stated every time she walks her dogs she goes out first by herself and makes sure the pit bulls are not running loose on the street. She stated there are times she has not been able to walk her dogs because they are loose and she fears for her dogs' safety. She commended Lindsay Cole for getting them organized. She stated she believes these dogs have affected the quality of life on Magnolia Street and hopes the Commission will take that into consideration and make movements to change that. October 22, 2012 REGULAR COMMISSION MEETING Page 3 Carol Mirando, 210 Pine Street, stated she has not filled out an affidavit, but related instances she has had while walking her dogs. She stated this isn't about bad dogs; it is about owners who aren't able to control or properly train their dogs. She stated pit bulls are not bad dogs but they can tend to be more aggressive and need to be trained, exercised, disciplined and loved. She stated there is no excuse for someone to own dogs that they have absolutely no responsibility for. She stated it is unfair to the dogs and unfair to the people who live around them and very unsafe to the community. She stated these dogs are not living a good quality of life. Lance Wolfson, 1725 Beach Avenue, addressed the Commission related to agenda Item 8E, stating he believes this is a great idea for the proposed walkway for the Tideviews Preserve. He stated it will allow everybody to be able to experience the nature and site and it is perfect to have an ADA compliant pathway there. He stated he would like the City to investigate the use of a material called Stone Dust for this pathway. He stated it is a sustainable, cost-effective and non-invasive material for the pathway and believes it would be fantastic for the City to be at the forefront of new technologies. John November, 647 Beach Avenue, commended the Commission for beginning efforts to look into Selva Marina. He further addressed agenda Item 8E stating the grant they are applying for is called the Preserves Trail, which is a part of our Marsh Master Plan. He stated the trail will connect River Branch, Tideviews and Dutton Island. He stated it is a partnership between the City of Atlantic Beach, the Public Trust Environmental Legal Institute of Florida, the Marsh Preservation Society, COAST, the Timucuan Trail Parks Foundation and numbers of volunteers who will be participating in this project as it moves forward. He described the project stating it will be a path running from the entrance of Tideviews to the boardwalk to Sunset Pier. He stated currently the plan is for the path to be asphalt or concrete but he has recently read about a material called Stone Dust, which is porous, comparable in price, has no additional maintenance issues and is an attractive surface. He stated the path will be approximately 12 feet wide and will run under a high voltage transmission line owned by JEA so there will be little environmental impact. He stated Rick Carper has been fantastic and helpful along the way and will be able to answer any questions they may have. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meeting A. City Manager's Follow-up Report. City Manager Jim Hanson reported the Resolution adopted at the last Commission meeting dealing with Amendment 4 required the City staff to make an estimate of revenue loss if Amendment 4 were adopted. He stated using the FLC estimating tool based on statewide numbers our estimate would be a starting revenue loss of $97,500 in 2013 which increases to an estimate of $1.8 million in year 2022, which assumes the property tax rate is not raised to compensate for the loss. He stated if it were raised to do that it would have to be taken from a 3.3285 mils currently to 4.1554 mils in 2014. Mr. Hanson further reported on the rates of return the City has received, stating the police pension fund earned 13.38%; the general employee pension fund earned 16.65%; and the City's other accounts earned 6.0%. He stated they can compare the pension fund rates of return to the assumed rate of return of 8.0% and appreciation is certainly due to our Finance Director Nelson Van Liere. He further expressed his appreciation to Michael O'Shields, the pension fund advisor, who was in the audience, stating he did a great job last year earning us money. He further explained staff was asked to report on how we handle yearly service contract renewals, stating they are working on it and will have it ready to present at the next Commission meeting. October 22, 2012 REGULAR COMMISSION MEETING Page 4 Item 8A was taken out of sequence and acted on at this time. 8A. Appeal of Notice of Violation from Suzanne LeViseur at 330 Magnolia Street. Mayor Borno gave a summary of the suggested procedure for quasi-judicial hearings. He explained the Police Chief has determined that actions relating to Suzanne LeViseur at 330 Magnolia Street related to three dogs she owns constitutes a nuisance as defined in City Code Chapter 12. He stated the owners of the dogs have requested a hearing to contest the findings by the Chief of Police. He stated this is a quasi-judicial hearing and they will let both sides present their cases; each side will be able to present evidence and call witnesses. He stated the Commission will then make a decision to uphold or overturn the determination by the Chief of Police. He stated after hearing all the evidence but before making a decision, he will ask each Commissioner to disclose any ex parte communication they may have had on this subject with people prior to this hearing in accordance with Resolution 95-26 adopted by the City Commission in 1995. He stated the City Clerk prepared a chart of emails received by the Commissioners and if they have any other ex parte communications, please have that in writing when they get to that point in the hearing. Chief Mike Classey stated, beginning in late September, the Police Department started receiving a flood of complaints regarding the behavior of three pit bull dogs that live at 330 Magnolia St. He stated they began investigating each incident. He stated some of the affidavits had been held for a period of time, which is why they received them late, but in comparing the violations to the nuisance ordinance they determined there were two different violations. He stated the first is under subsection (14), subparagraph (d), which states to permit the animals either willfully or failure to exercise due care or control to commit a nuisance by running at large, habitually, by chasing or running after vehicles or persons habitually, and interfering with reasonable use and enjoyment of the property. He stated it defines habitually, within that ordinance, to constitute two offenses within a 30 -day period of time. He stated subsection (a) also states that a nuisance is created if those physical conditions endanger the health or safety of humans. He stated, as a part of this investigation, an initial determination that sufficient cause exists to declare all three dogs dangerous has been made and there is a hearing being scheduled before the Code Enforcement Board. He stated for the purposes tonight of showing that a nuisance is created, the City only needs to show that there were two within 30 days. He stated he does not intend to call 16 different affiants to testify about the same thing. He stated he will call the three most recent to demonstrate that these dogs have been habitually running at large as defined in the ordinance and also in that testimony it will show that the dogs are a danger, act very aggressively, are menacing and do create a safety hazard for the people who live in the area and travel through that area. He stated he believes these witnesses will be able to show that these conditions exist and do constitute a nuisance and asks that the Commission uphold the initial determination that there is a nuisance violation. Mayor Borno asked both parties to identify their witnesses so he can get their names for the record then he will swear them in. Chief Classey stated the City has four witnesses, Andy Huffman, Bruce Robbins, Ronelle Davis and Animal Control Officer Kelly Caton. Ms. LeViseur stated she and her daughter, Cecilia Babillis would testify. Mayor Borno swore in the witnesses. Chief Classey called Ronelle Davis, 354 Magnolia Street. He asked if she, on September 21, had an incident where she witnessed the dogs running in the street in and out of various people's yards. Ms. Davis stated only one dog, Lola. She stated she had just come into her house and was taking off her shoes and turned around and saw the dog coming out of her next door neighbor's yard and coming between her house and car and a couple of seconds later she saw Ms. Babillis walking down the street very calmly. She was not running after the dog, she was strolling down the street. She stated she continued to walk to the north side of her property, because she lives south of her. She stated she calmly turned around and let her dog continue to October 22, 2012 REGULAR COMMISSION MEETING Page 5 run in her yard, the park and her neighbor's yard until she was out of view. Chief Classey stated, the dog was running at large, unleashed and she witnessed it in her yard and at least one other person's yard. Ms. Davis stated yet. Chief Classey stated he did not have any other questions. Chief Classey stated the next witness was Bruce Robbins, 310 Magnolia Street. He asked Mr. Robbins if he, on October 7, had a run-in with one of the pit bull dogs that live at 330 Magnolia. Mr. Robbins stated he did. Chief Classey asked that he describe what occurred on that date. Mr. Robbins stated he was taking yard trash out across the street to the pick-up point. He stated the lots are approximately 50 feet wide and, from three lots north, one of the dogs came at him at a full gallop. He stated he had shears in one hand and yard trash in the other so he waved the shears to keep the dog away from him. He stated the dog passed within about 36 inches, made one pass, ran back up the street, came back and made another pass. He stated he dropped the yard trash and kept the shears and defended himself that way. He stated the dog circled, went back and at that time the owner got the dog under control. Chief Classey asked if he was on his property at the time or the property adjacent. Mr. Robbins stated he was in the street. Chief Classey asked, when the dog came charging at him he held the dog at bay with the shears. Mr. Robbins stated the dog made a pass at him and he kept the dog at bay with the shears as it ran past him and the second time, the same thing, except he dropped the yard trash and kept the dog at bay with the shears. Chief Classey asked if he was in fear for his safety during that time. Mr. Robbins stated very much so. Chief Classey asked if he has had other encounters with this and/or the other dogs where he has been in fear. Mr. Robins stated that is correct, both he and workers on two occasions have been menaced by these dogs. He stated it has been a very uncomfortable situation, a very dangerous one. Chief Classey stated he had no further questions. (Prior to the meeting Mr. Robbins distributed a handout entitled "Nuisance Violations Summary" to the Commission and audience.) Chief Classey stated the next witness was Andy Huffman, 11447 Harlan Drive, Jacksonville. Chief Classey asked Andy Huffman if, on October 9, he had an encounter with one of the pit bulls that reside at 330 Magnolia. Mr. Huffman stated yes. Chief Classey asked him to describe what occurred that day. Mr. Huffman stated he was installing some security lights and reading the pamphlet to see how to work them when he saw her come out walking two dogs south. He stated as she came back around, he was behind his van and he heard the dogs barking and the brown and tan one came around. He stated he could see her holding back the black one but he couldn't see the other one. He stated it came around the side of the van, ran right up to him and he kicked it in the top of the head and it went back, ran out in the yard and circled and came running back at him. He stated he got ready to kick at it again and it ran past him into the garage, circled around and ran back out. He stated she corralled it and got them both into the house and then came back with a leash in her hand and said the dog had gotten all possessive and asked if he got bit. Chief Classey asked Mr. Huffman if he was on another property, not on 330 Magnolia. Mr. Huffman stated he was directly next door, 338, standing by the garage door in the driveway. Chief Classey asked if he felt the dog charging at him was aggressive. Mr. Huffman stated yes, he kicked the dog. He stated he wouldn't kick the dog if he hadn't. He stated he thought it was going to lunge at him but when it didn't he just reacted that way. Chief Classey asked even after the first time with the dog being kicked it then circled back around at him. Mr. Huffman stated it went out, gained its speed again, came running in. Chief Classey stated there was another dog that was present who, on this particular occasion, was restrained by the owner. He asked what was that dog's behavior. Mr. Huffman stated that dog looked more aggressive really than the one that was coming at him; it was really excited and she was holding it back with the leash. He stated it was pretty strong and he is glad only one was loose. Chief Classey stated that was all the questions he had. Chief Classey stated the next witness was Animal Control Officer Kelly Caton. He asked if Ms. Caton had reviewed the affidavits and reports and was familiar with the three instances that were described tonight. She stated she was. Chief Classey asked if citations were issued in each of those three instances for the dogs October 22, 2012 REGULAR COMMISSION MEETING Page 6 being unleashed and running at large. Ms. Caton stated yes. Chief Classey asked if Ms. Caton was part of an investigation that was done into whether or not there was sufficient cause to determine whether or not the dogs should be declared dangerous. She stated yes. Chief Classey asked if she filled out sworn affidavits about what her opinion and conclusions were as a part of that investigation. She stated yes. Chief Classey asked her to tell him what those were. Ms. Caton stated there were affidavits filled out for each dog. She explained they have incidences for each dog. She stated they felt they were dangerous under subsection 1(d) in the dangerous dog law, which she read. She stated they investigated each affidavit that came in. Chief Classey asked if, at the conclusion of that investigation, she felt there was sufficient cause to make an initial determination that the dogs are dangerous. Ms. Caton stated yes. Chief Classey stated that right now that is pending a hearing before a different board. She stated yes. Chief Classey stated he didn't have any other questions. Chief Classey stated he has been quite involved with this case since it really came to the forefront four weeks ago and has reviewed this investigation and been involved in many parts of it. He stated there are a number of times on this spreadsheet where a nuisance violation could have been declared, however, they didn't have the information at that time to be able to pursue that. He stated for the purposes of this, he could show there was a nuisance in August, September or October, but for brevity purposes and to meet the standards that are in the ordinance he chose just the last three most recent. He stated there actually are four that fall within a 30 day period of time that will demonstrate this is a nuisance situation. He stated it goes beyond just a nuisance of the dogs running at large, which is in and of itself, and in the six years he has been here this is absolutely the worst case he has seen. He stated what makes this a terrible incident and something that does need to have additional restraints placed on it is the fact that these dogs are going out and being aggressive toward people. He stated Mr. Owens spoke about his incident and although it did not qualify to classify the dogs as dangerous due to what the ordinance requires, it is indicative of aggressive behavior. He stated, quite simply they attacked his dog on the beach. He stated a number of these sworn affidavits that have been provided in the agenda packet discuss how these people have been approached in an aggressive manner with the dogs barking and growling and have had their head lowered or their ears back and bearing their teeth and snapping. He stated a number of people have described it to him personally. He stated it's not if these dogs are going to bite, it's a matter of when. He stated, for the purposes of being able to show there is a nuisance violation, he only used the top three, but the Commissioners were provided with all of the sworn affidavits going back to May of this year, which totals 16 different incidents. He stated that concludes the initial portion of the presentation of the case. Mayor Borno called Ms. LeViseur to speak. Suzanne LeViseur stated she didn't realize she was such a horrible person until she sat here this evening. She stated she was going to talk about what is happening with her house but she feels like she has been convicted of everything here. She stated she knew nothing about any of this happening. She stated she received two letters from the City, April 11 and July 18, one of which was a dog running at large complaint. She stated all it says is reports have been received from your neighborhood that your dog is frequently off your property unleashed. She stated she had no idea it was this bad. She stated she is a single mother, works two different jobs and had no clue any of this was going on. She stated when the letter came in she spoke with her daughter and emphasized the dogs had to be on a leash. She stated one of the problems was she was using a collar that was just buckled that they could slip out of. She stated the other letter she received was for a noise complaint for the dogs barking on her deck. She stated the only other contact she has had about this was her neighbor, Lindsay Cole, who has dropped two letters in her mailbox saying the dogs were barking and it was annoying her. She stated other than that she had heard nothing. She stated one other time she had a call from Ms. Chalot while she was out of town and she said she thought Jack was running free. She stated at that time her girlfriend Tracy was babysitting the dogs and she told her no he was sitting in the house. She October 22, 2012 REGULAR COMMISSION MEETING Page 7 stated it was another red pit that was running free that she thought was hers. She stated she has always had at least one dog, if not more and has never had an issue. She stated she got rid of her husband in 2005 and unfortunately had her business fail and had to buy him out of the house which is when she had to start working extra time to make more money to be able to cover things for her kids to be able to do. She stated they are both in college right now so she has two college fees to pay. She stated she is not home because she is working all the time which is part of why her neighbors don't know who she is. She stated they said they have talked to her on numerous occasions; they have not. She stated she has not talked to any of them. She stated she was shocked when she got a copy of the letter Lindsay Cole had sent to all the neighbors in the vicinity asking them to band together to do this. She stated she knows they also had a meeting after the City Commission last week regarding all these affidavits which is why they all poured in. She stated someone made a comment of why so many so late. She stated all these citations came in the last two or three weeks, because she didn't get a citation on them until that letter came in on October 10, to which she responded on October 13. She suggested when the City sends out a citation letter to those who don't have anything to do with the law that they tell them there are citations they can come read. She stated she had no idea they were here and had no idea any of this was going on. She stated her daughter has extreme love for these animals. She stated the comments that they are not exercised and are prisoners in the house, they aren't. She stated they play with them, they love them; the only time they are in the back yard is when they are back there with them. She stated she can't afford right now to replace her fence. She stated she wants her daughter to speak about what is going on because she wasn't there. She stated from what she understands, her daughter has been letting the dogs out of the house without them being on a leash or when she does have them on a leash they are on a bad collar. Cecelia Babillis stated this is all because of her. She stated if she ever thought her dogs were dangerous she would never let them out when people were out, let alone off leash. She stated all of this could have been dealt with differently because she wasn't talked to except for Gretchen face to face. She stated Lindsay Cole yelled at her from the middle of the street. She stated she takes total responsibility and has seven citations already for misdemeanors that she is going to court for in November that are more than $1,500. She understands her penalties and the reason she didn't tell her Mom was because she was planning to take care of them herself and didn't want to stress her out because she knew how busy she was. She stated regarding Scott Owens she too has a citation in as well that she wrote including her version of the story. She agreed to the dogs running at large habitually and takes full responsibility for it. She stated she does not think her dogs are dangerous nor does she think her Mom has anything to do with it. She stated obviously there is sufficient cause and she totally deserves the nuisance violation. She stated she hopes to talk to the judge about trying to arrange it so only she pays for it and not her mother, who has helped her through high school paying random traffic tickets, as well. She stated as far as running at large, it's all her, it has nothing to do with their residence at all. She stated she has let them out personally through the door more from stubbornness and pride over what was happening with Lindsay Cole and looking back understands the ridiculousness of it and how it is unexcused regardless. She stated she did not realize her neighbors were scared, she just thought she was just a nuisance like it says in the letters. She stated it wasn't until they received it that she actually heard that her neighbors considered her dogs dangerous and not just a hindrance on their lifestyles like getting in their cars. She stated not one reacted scared until all this happened. She stated this has a lot to do with the fact that Lindsay Cole is spreading rumors about her mother and herself as well as her dogs saying that each one of them has attacked a person and a dog. She stated that is pretty much like calling herself a rapist and saying her Mom is okay with it. She stated she believes all of the citations are going to have a hint of bias in them and hopes they can take that into consideration and hopes they can get another chance to prove they have these dogs under control. She stated it wasn't a matter of being competent owners, it was just her being irresponsible and inconsiderate of her neighbors. She stated she loves it here and it broke her when she heard that all these people that she has lived next to her entire 20 years were thinking these things and it affected them that much. She stated that it has gotten to the point where her mother has been embarrassed without October 22, 2012 REGULAR COMMISSION MEETING Page 8 even being talked to and it shows the amount of bias Lindsay Cole has had on all these citations. She stated she mows Ms. Chalot's yard every week and has never heard a complaint from her and when she came back she filed a complaint without even talking to her. She stated her mother has never walked Lola with another dog. She stated she doesn't feel like they are getting a fair trial and if anything she is just hoping for their consideration for a longer time to show that they have control of these animals. She stated she loves them more than she loves herself Ms. LeViseur stated she hopes the Commission understands and asked them to take into consideration her child's immaturity and, as she calls it, bullheadedness. She stated her daughter and Ms. Cole have butted heads quite a bit and as she said, she was going to show her and obviously the dogs were doing dog things. She stated they thought their job was to protect her. She stated they hear something and they go running after whatever they heard. She stated she believes that her daughter now knows the consequences and will follow the law in keeping the dogs on a leash and they should be in much better shape in the neighborhood. City Attorney Alan Jensen asked Ms. LeViseur to tell the Commission anything she had done since receiving the notice about the nuisance determination. Ms. LeViseur stated the dogs have never broken out of the house, they have been let out. She stated the way the nuisance thing read was that she had to repair any deficiencies in the house. She stated her fence is in bad shape but the dogs aren't left out in the yard unless they are out there with them. She stated the only thing she could think of as a remedy was to purchase new choker collars for the dogs so they can't slide it over their head. She stated she talked to Officer Caton and discussed only walking the dogs one at a time or getting muzzles on them, which they can do. She stated these dogs are like her child's children. She stated her daughter had been away at college last year and had to come home because of some issues where she got hurt in soccer and some issues where she actually got a medical withdrawal from college because of the problems that had happened. She stated she would be very concerned if her daughter loses her dogs because she is not sure she would feel like she could continue going on. Mayor Borno asked Chief Classey for rebuttals. Chief Classey recalled Animal Control Officer Caton about her direct knowledge of contacts and attempted contacts she has had with Ms. LeViseur. Ms. Caton stated the letter sent in April 2012 was because she received complaints about the dogs running at large. She read a portion of the letter stating it requested Ms. LeViseur call her if there was anything we could do. She stated she did not receive any calls. She stated she also sent a letter in July 2012 because of a neighbor complaining about barking. She stated in August 2012 they wrote a ticket to Ms. LeViseur about barking and spoke to her at that time telling her she heard complaints and she really needs to get things under control. She stated at that time she got Ms. LeViseur's cell number and had Ms. Babillis's cell number as well. She stated she has called both cell numbers multiple times. She stated Ms. Cole came in with an affidavit and she asked her to let her call Ms. LeViseur to see if they can do something. She stated she also has a 20 year old and she did call her and said, mother to mother, we really need to talk, please give me a call. She stated she never received a call. She stated when she wrote Ms. Babillis the first two tickets in September they had a long discussion. She stated she came into the station and they discussed the importance of keeping her dogs on leash. She stated she told her this was unacceptable and they discussed other ways to exercise her dogs, including making use of the dog park since two of her three dogs are sterilized. She stated Animal Control has tried many times to prevent this from getting to this point so when they say we weren't making contact that is untrue. She stated not only did she make contact but she wrote it down every time on a phone log and police report. She reiterated they did try to prevent this frometting to this point. Chief Classey pointed out that Ms. LeViseur received three citations for the August 24th incident and it indicated on the citation that this was not a first violation so if she didn't know there was one or more prior to that then that may have been a breakdown in communication between October 22, 2012 REGULAR COMMISSION MEETING Page 9 herself and her daughter. He stated a lot of what was just testified to was well outside the scope of this hearing but it appears to be directing certain issues felt toward one individual. He stated Lindsay Cole's name was specifically mentioned but she is not even listed on this list. She is not an affiant in one of the 16 complaints they have received that is on the spreadsheet, so this is not an issue where it is a neighbor to neighbor dispute. He stated this is an issue where they have got the affiants, one of which is a police officer who witnessed it and filled out an affidavit. He stated some are residents, some don't even live in the neighborhood. He stated this cannot be reduced down to just one neighbor having a dispute with another neighbor; this is obviously a much larger issue than that. He also pointed out that the behavior of these dogs does not remotely resemble anything that he would constitute as a dog protecting their owner. He stated if a person lets their dog out, either mistakenly or intentionally, and they chase down the street, that is not protecting the dog's domain which is their residence where their owner lives. He stated this is not a dog protecting anything, this is a dog aggressively going after other people. He stated another point that needs to be made is 50% of what's contained in this notice of nuisance violation is already required by ordinance under section 4-10 because the dogs are part of a dangerous dog investigation and they are required to keep them securely confined on their property pending the outcome of that investigation, which has been concluded, but also pending the outcome of any hearings and there hasn't been a hearing yet. He stated they are required to keep that dog confined regardless of the nuisance violation. He stated the nuisance violation was put in there to call greater attention to it and also because if the dogs get out again the City is going to impound them. He stated that is not just if they find them running at large. He stated if they run at large and get back in the house the City intends to take the dogs because they are acting aggressively. He stated that is the second part of the nuisance, but the first part they have to do anyway. He stated it is nothing greater than what the ordinance already requires that they do because of the initial determination of being declared dangerous. He stated there is so much that is going on with this case from a number of different City departments that he doesn't want to get confused for the very limited issue of what they are here tonight about, which is whether or not there is a nuisance violation because the dogs are running at large and are creating a safety hazard for residents and visitors in the area. He stated the Building Department has issued a notice on property maintenance issues which is separate and complete from all this. He stated, however, some of the issues that were discussed about the condition of their fence, etc. do have relevance as far as they need a good fence to securely confine the dogs. He stated they can satisfy the requirement of the dangerous dog or the nuisance violation by keeping the dogs in the house, so at this point the fence is not as big of an issue but it very well may become an issue. He stated not only for the nuisance violation but on the dangerous dog declaration they must have a secure fence. He stated neighbors have reported to him that they have asked them to make repairs and they haven't and the neighbors have actually put up blocks to hold the gate shut or put up fences that adjoin the rotting fence so the dogs can't get in their yard. He stated there very well may be property maintenance issues but that is not why they are here tonight. He stated they may become much more important with regards to a dangerous dog declaration. He reiterated the issues here tonight are very narrow in scope, the dogs are running the neighborhood at large on well more than two occasions, as required by ordinance, and they are creating a safety hazard for the residents. Mayor Borno stated Ms. LeViseur has five minutes for her final argument. Ms. LeViseur stated she does not recall getting the one call from Officer Caton that she mentioned. The other times she talked to her she does remember but unfortunately a lot of the discussions were between Officer Caton and her daughter who did not tell her about the calls. She showed the letter from Lindsay Cole that was sent to everyone in her neighborhood which was trying to bring the neighborhood together against them or to bring this to light, which is why so many of these citations happened in the last couple of weeks. She stated she did get a citation on August 22 for one dog, Jack, for barking. She stated the next three citations she received all said second citations. She stated that is being contested right now because two of the dogs weren't on the first citation so it wouldn't have been a second citation, as far as she understands it. She October 22, 2012 REGULAR COMMISSION MEETING Paye 10 pointed out discrepancies in one of the affidavits, including the time of day and the notarization is for six weeks from now. She further stated she personally never takes the dogs out without leashes so that whole affidavit is questionable, which is why her daughter made the comment about questionable affidavits. She agreed there is a problem, however, she hopes they can come to some kind of resolution that will meet some middle ground. She stated she is trying to do things to her property and will have to break into her retirement fund so she can pay to fix some of these things because she is living pay check to pay check paying two college tuitions right now. Cecilia Babillis stated it isn't just Lindsay Cole and she understands she has caused a nuisance to the entire community and she has apologized for that. She stated she brought proof of the medicine she takes and how she is mentally, which proves she is a visual learner. She stated, regardless, she is wrong and is not trying to defend herself, if anything she is trying to defend her mother and her dogs. She stated the dogs were not born to hurt anybody and are not born evil. She stated on Lindsay Cole's citation she not only lies about having many neighbors having tried to discuss the situation and then having both her and her Mom respond with hostility and disrespect but states they have now learned that these dogs have bitten people and their pets from unproven affidavits that are just offensive in how terrible they are. She stated to show pictures of this dog that supposedly her dogs have attacked and caused $500 worth of pain over, she has never heard of and her Mom has definitely never taken Lola out with Jack. She stated Ms. Cole also told Bruce Robbins that her Mom has flipped her off, which she has never even seen her Mom curse and no one in the neighborhood can say her Mom has ever disrespected anybody in this neighborhood. She stated they don't want to leave, they love Atlantic Beach. She stated they want these negative things to go away and if anybody has terrorized the community as much as her dogs, it is Lindsay Cole in saying these dogs have bitten people and showing pictures of an attack that hasn't even been proven. She stated as soon as the attack happened with Scott Owens' dog, which was only small puncture wounds, they made sure it was okay. She stated it is very personally motivated and she can totally understand where this is coming from. She stated she would be scared herself if she had heard these dogs had attacked somebody. She stated they didn't even know the dogs were dangerous until October 10. She stated she will admit, according to the dangerous dog code, running up aggressively is a dangerous dog situation and it does break that code, but she did not know that qualified as a dangerous dog and if she could take it back she would. She stated her mother has been humiliated and harassed and embarrassed by this and, if anything, that's what she feels worse about, and also her dogs because she feels like she didn't give them a good chance especially if you have to take them away from her or kill them. She stated when she rescued them she just wanted them to be happier or be in a better situation than they were in. She stated she feels that with Lindsay Cole pumping it up she feels like it is also a gathering of a mob mentality. She stated the reporter from the Florida Times Union has also slandered her name as well as written false information about somebody who supported her, reading from the article. She gave letters to the City Clerk that she referred to in her rebuttal. She stated she hopes they can reach an understanding and if not meet at a later time to do another hearing because she truly believes her dogs are not dangerous and she will openly admit that she does believe she caused a nuisance and she apologizes for that. Mayor Borno asked that Chief Classey give his final arguments. Chief Classey stated there has been a lot of discussion tonight about the neighbors not coming to Ms. LeViseur or Ms. Babillis but the law does not require that they do so. He stated many people are reluctant to do that and are also reluctant to report it to the police. He stated there was discussion about many affidavits were turned in some time after the incident had occurred, which is true. He stated it is not unusual for neighborhoods to get together and discover that what they have been suffering with as a problem is not just limited to them but is much more widespread which this exemplifies. He stated a lot of the neighbors didn't know that problem was as bad as what it was until they started talking to each other and when that became apparent they did start reporting it to the police department and animal control and it was investigated. He October 22, 2012 REGULAR COMMISSION MEETING Page 11 stated you see the results on the spreadsheet in the 16 different affidavits. He stated whether Ms. LeViseur or Ms. Babillis got the citation, they are both occupants of the residence and under this they are equally responsible for abating the nuisance. He stated their remedy of buying different collars does not change owner behavior. He stated this is one part of several different things; the citations which are in court now are a separate issue; this nuisance is telling them they have to keep the dogs confined and if they get out the City is going to take them; and then they have the dangerous dog declaration for which a hearing will be pending and if that initial determination is upheld there are all sorts of additional requirements that the City Code requires, such as muzzling the dogs, etc. He stated those will all be handled in a different forum than what is here tonight. He stated in going back to expecting that the neighbors should have come to Ms. Babillis or Ms. LeViseur and talked to them about the problem, he had a couple of neighbors tell him that they preferred to handle it that way but were reluctant. He stated he had the opportunity to meet Ms. Babillis for the first time on Friday when she was making a public records request and he took the opportunity to speak with her for a moment and she became very disrespectful to him personally and he abruptly ended the conversation and told her he would see her at the hearing tonight. He stated he can take verbal abuse since he has been a police officer for 20 years but if someone is going to talk to a police officer in that way, he is not surprised for a moment that her neighbors would be reluctant in approaching her. He stated what he has heard tonight is a lot of excuses but it has been adequately demonstrated that there were two or more instances of the dogs running at large. He stated there is much more evidence than was presented tonight. He stated he included the dangerous dog declaration notices in the agenda packet that has a bullet listing, by dog, of instances. He stated that, along with the testimony from those with the most recent incidents that were presented tonight, more than demonstrates that these dogs have created a safety hazard. Mayor Borno asked the Commission if they had any questions. There being none he asked that they disclose the ex parte. Mayor Borno stated he has seen emails as listed on the chart completed by the City Clerk (which is attached and made part of this Official Record as Attachment A). Commissioner Beckenbach stated in addition to those listed by Mayor Borno he has also had emails from Cindy Corey and has spoken with Chuck Almeida, trainer at Sportsplex, on this matter. Commissioner Daugherty stated he has received all the emails on the list mentioned above and also visited the home of Jennifer Chalot and observed the condition of the defendant's home and also had a conversation with Cindy Corey. Commissioner Mark stated she has no other ex parte to disclose than what was listed. Commissioner Woods stated in addition to the list of emails she has received an email from Sally Clemens, a phone conversation with Officer Caton, and met with citizens including those they exchanged emails with as well as Karen Johnson, Rosalind Hoffman, Ronelle Davis and Charlie Deters. Motion: Uphold the nuisance determination as made by Chief Classes. Moved by Daugherty, Seconded by Woods Each of the Commissioners provided comments to Ms. LeViseur and Ms. Babillis. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED October 22, 2012 REGULAR COMMISSION MEETING Page 12 City Attorney Jensen explained the vote confirmed what Ms. Babillis admitted, stating she agreed the dogs have been habitually running at large. He stated the ordinance states if the decision of the Commission is adverse to the property owner then the City Manager can cause the condition to be remedied unless otherwise directed by the Commission. He stated if they want to address that, having heard what they claim they have done to date as far as abatement, and give them some conditions or a time limit within which to do that, they are under the dangerous dog tentative classification until a determination is made by the Code Board that they have to meet those requirements. He stated if they don't want to do anything further then it is up to the City Manager's office to determine where to go next. Commissioner Woods stated at this point the nuisance has been upheld and asked Chief Classey what the requirements of the Code are as far as the nuisance is concerned. She asked if it was just keeping the dogs contained on the property on a leash. Chief Classey stated the dogs have to be safely secured, confined on their property. He stated they can't take them for a walk right now. City Attorney Jensen stated that is not because of the nuisance determination, that is because of the dangerous dog. Chief Classey stated that language was put into the nuisance and if they do run at large then the City will impound them at owner expense. He stated it is an additional requirement because of the nuisance violation not because of the dangerous dog. He stated the dangerous dog ordinance does not contain a provision about impounding at the initial level unless they catch them out running at large. Commissioner Woods clarified what she believes Chief Classey just said is that the dogs must be contained on the property at all times. Chief Classey stated that was correct. Commissioner Woods further clarified at any time the dog gets loose and it is reported, the City can come to the house and impound the dog. Chief Classey stated that was correct. Commissioner Woods asked, as far as the physical conditions of the house, what does this determination require. Chief Classey stated they can keep the dogs securely confined within the residence if they choose to do so. He stated he believes there are some maintenance issues with the fence that will need to be remedied. He stated he didn't get into that extensively at this point because part of the upholding of the dangerous dog declaration will be that they have to get an annual certificate from the City which has a number of different requirements related to the declaration after the Code Enforcement Board upholds the initial determination. He stated part of that is that they can meet the requirement of secure confinement which is a double layer of security, i.e. a pen inside the fence. Commissioner Woods asked, for just the nuisance part, as related to the physical condition of the property, is there anything they are required to do. Chief Classey stated the key is that the dogs can't get out and they haven't gotten out since they put them on notice so they are complying with what the nuisance violation requires that they do at this point. Commissioner Woods stated she would like to make a motion to request the City Manager make sure there is a secure fence and perimeter on the property to keep the dogs contained if they are outside in the yard. She stated the slats on the deck are wide enough for the dogs to be able to get through and she wants whatever repairs are necessary within the entire border of the property where the dogs are so they are securely contained. Chief Classey stated they have also been sent a notice by the Building Department of some property maintenance violations and one of those things was maintenance of fences so they will be required by the City to make those repairs regardless. Discussion ensued. Motion: Immediate necessary repairs be made to the fence so it is completely secure and the dogs cannot get out. Moved by Woods, Seconded by Mark October 22, 2012 REGULAR COMMISSION MEETING Page 13 Commissioner Beckenbach asked Chief Classey, now that the dogs are considered dangerous dogs, how long will they not be allowed to be walked. Chief Classey stated, under the dangerous dog ordinance, they could walk the dog down the street if he had a muzzle and met other conditions. He stated this nuisance violation is a separate issue from the dangerous dog. He stated there is also an insurance policy with a significant liability coverage for the dogs they will need to get; the dogs will need to either have a tattoo or be implanted with a chip designating that they have been declared dangerous; they can't be sold without disclosing that information; if they ever get loose the owners are required to call the police; if it is ever involved in a bite they are required to notify them and then that kicks into a whole additional chapter within Chapter 4 as far as what happens at that point. Commissioner Beckenbach asked, if the dogs are declared dangerous by the Code Enforcement Board, what happens at that point. City Attorney Jensen stated those additional things that the Chief just listed will be enforced. He stated it doesn't come back to the Commission again. Mayor Borno stated the ordinance is governing and Ms. LeViseur and Ms. Babillis have a copy and he would strongly encourage them to work with the City. He stated they will provide information and guidance but they can't solve their total problem. Commissioner Daugherty expressed concern about Ms. LeViseur's and Ms. Babillis' financial ability to do repairs. He stated he believes they have gotten the message tonight but he is concerned about the financial ability to construct a fence immediately. Commissioner Woods stated they are just repairing. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Mayor Borno recessed the meeting at 8:36 p.m. He reconvened the meeting at 8:44 p.m. City Attorney Jensen returned at 8:46 pm. 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 Report and Utility Sales Report for September 2012, the Public Works and Utility Departments Project Status Report as of October 5, 2012. B. Award the contract to install wind shutters at City Hall in accordance with grant to Custom Storm Shutters, Inc. (Bid No. 1112-10). C. Award the contract for street sweeping of Florida Department of Transportation (FDOT) roads, City streets, Public Works yard and City Hall to USA Services for a total of $29,100.00 a year starting November 1, 2012 (Bid No. 1213-01). Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Items A, B and C as read. Moved by Daugherty, Seconded by Woods October 22, 2012 REGULAR COMMISSION MEETING Page 14 Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 90-12-215, Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, LAND DEVELOPMENT REGULATIONS, ARTICLE III, ZONING REGULATIONS, SEC. 24-51, NOTICE OF PUBLIC HEARINGS, AND SEC. 24-69, FEES, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno questioned that this was a Public Hearing. Mr. Hanson stated that was an error, it was for first reading. Mayor Borno read Ordinance No. 90-12-215 by title. Motion: Approve Ordinance No. 90-12-215. Moved by Woods, Seconded by Daugherty Building and Zoning Director Mike Griffin summarized the Ordinance showing a slide entitled "The Estimated Mailed Notice of Public Hearing (300' vs. 500')". He stated the Commission requested a 500 ft. radius be used. He stated staff did an analysis of the cost difference between the 500 feet and the 300 feet. He stated for 300 feet it was $337/application and for 500 feet it was nearly doubled at $593/application. He stated at this time staff recommends the City use 300 ft. radius, which is used by all the beaches and St. Johns County and Jacksonville uses 350, so it would be consistent with the jurisdictions in North Florida. Motion: Amend Ordinance to change to 300 feet from 500 feet radius for notifications. Moved by Daugherty, Seconded by Mark Discussion ensued regarding the fees. It was determined that staff would make the adjustments for second reading. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED City Clerk Donna Bartle stated she spoke with Erika Hall when preparing the agenda because her staff report initially stated Public Hearing and it was determined this type did not require a Public Hearing. She stated she forgot to change it on the agenda after speaking with Ms. Hall. She stated it has not been publicized as a Public Hearing other than listing it on the agenda. She stated she didn't know if they may want to open it up to the floor October 22, 2012 REGULAR COMMISSION MEETING Pace 15 just in case someone wants to speak, but it is not necessary. Mayor Borno stated due to the error he would open the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Mayor Borno called for the vote on the original Ordinance as amended. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 8. Miscellaneous Business A. Appeal of Notice of Violation from Suzanne LeViseur at 330 Magnolia Street. This item was taken out of sequence and acted on earlier in the meeting. B. Cost of Living Raise for Non -Union Employees. City Manager Hansen explained it was the Commission's intent to provide a 1% cost of living raise to all employees effective the beginning of the current fiscal year; however, the negotiations of the City's two unions have been delayed extensively and impasse has been declared with the City's Blue Collar Union. Resolving the contract issues with the two unions is expected to take several more weeks. He stated so as not to penalize the non-union City employees for those delays caused by the unions, it is proposed that the Commission approve a 1% cost of living for all non-union employees, which would exclude the City Manager and the City Clerk because their salaries are handled separately. He stated it is recommended the Commission give this as a cost of living raise. He stated staff recommends that starting salaries remain as they are which will help offset the pay compression issue. He stated they would raise the top salaries as they normally do in a cost of living raise so the employees at the top of their pay grade would also get a 1% raise. He stated from a budget standpoint the cost to give the 1% raise to all employees is about $60,000/year; however, excluding the union members the cost for non-union employees is estimated at $33,740. He stated he recommends the Commission authorize the 1% raise to non-union employees, retroactive to October 1, 2012. Motion: Authorize a one percent cost of living raise be provided to non-union employees with an effective date of October 1, 2012. Moved by Daugherty, Seconded by Woods Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED C. Approving bids for employee health insurance. Human Resources Director Sue Danhauser introduced Brooks Faison with Harden and Associates. She summarized her staff report explaining staff recommends going with Florida Blue who has better coverage, lower cost and will save the City over $100,000 from the prior year and will save the employees money on their premiums and out-of-pocket expenses. She stated with the money saved she would like to implement a wellness program, explaining they have budgeted about $6,000 to start that off. She further asked Harden October 22, 2012 REGULAR COMMISSION MEETING Page 16 and Associates to also take our other benefits out to market which resulted in our life insurance coming down almost 50% and EAP coming down to $500 from $6,000. She further explained the voluntary programs that the employees pays and stated she recommends adding short-term disability, long-term disability, and vision insurance. She explained the proposed wellness program, stating it should affect our medical claims. She answered questions from the Commission. Motion: Approve renewal of all employee insurances listed below effective January 1, 2013 through December 31, 2013 and authorize the City Manager to sign related insurance renewal documents: City Sponsored: Medical - Florida Blue (formerly BlueCrossBlueShield) Life & Supplement Life (EAP is included) — Standard Voluntary Products: Dental — Guardian Vision — Humana CompBenefits Short and long term disability — Lincoln Moved by Woods, Seconded by Daugherty Mr. Hanson stated both Sue Danhauser and Harden and Associates deserve kudos for doing good on this. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED D. Florida Inland Navigation District Grant Application. Public Works Director Rick Carper stated we received a letter of approval from Florida Inland Navigation on the grant application for $17,000 for the design, permitting and engineering on the first of three Marsh Master Plan projects. He stated this is for the kayak launch at the north end of Dutton Island, the overlook at the parking lot to Dutton Island and the overlook at the end of West 6th Street. He showed a map of the site. He stated he is working with the consultant on the proposal. He stated he is asking the Commission to authorize the City Manager to sign the documents to send back to Florida Inland Navigation District Committee. Motion: Authorize the City Manager to sign all required documents for the Florida Inland Navigation Districts Waterways Assistance Program grant. Moved by Woods, Seconded by Mark Mr. Carper answered questions from the Commission. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED E. Coastal Partnership Initiative Grant Application. October 22, 2012 REGULAR COMMISSION MEETING Page 17 Public Works Director Rick Carper stated this is to request permission from the Commission for staff to apply for another grant. He stated Marsh Preservation Society and, specifically, John November is pushing for this. Mr. November stated he would write the grant if the City wanted to get some money to kick start the pedestrian path. Mr. Carper summarized the proposed plan showing a map of the site for the pedestrian path. He reiterated he is requesting permission to apply for the grant and to authorize the City Manager to sign all grant related paperwork. Mr. Hanson stated this is the first phase of the ped path going all the way up, but at the same time it is a project that makes sense in and of itself because it will give handicap access to the pier. Motion: Approve Staff applying for the CPI grant and authorize the City Manager to sign the application for the grant when completed. Moved by Beckenbach, Seconded by Mark Mr. Carper stated no funds will be available for this until July 1, so they have plenty of time to do some research of what they want to use for the path. He stated before Stone Dust was brought up, the materials planned were either concrete or asphalt. He stated there are a number of places where JEA will have to be able to drive their trucks across the path, so it will have to stand up to a 25 -ton truck. Mr. Carper answered questions from the Commission. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED F. Proposed policy on banning texting and cell phones at City Commission meetings. Mayor Borno stated this was brought up at the NE Florida League of Cities meeting while Carla Miller was speaking on ethics and it was noted that ethically it is a very poor thing to do. Motion: Direct staff to bring an Ordinance implementing new Rule 28 for first reading at the next scheduled Commission meeting to be held on November 13, 2012. Moved by Daugherty, Seconded by Borno Commissioner Woods stated she is not sure about having the phones turned completely off. She stated she can understand not accepting and sending but believes there should be an emergency provision added. Discussion ensued. City Attorney Jensen stated they can bring back an ordinance and suggest some alternative language and the Commission can discuss it. He stated this is just for direction as to whether they want staff to bring back an ordinance or not. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 9. City Manager A. City Manager's Report. October 22, 2012 REGULAR COMMISSION MEETING Page 18 Mr. Hanson distributed a copy of the Strategic Plan Quarterly Report to the Commission. He stated this report has a new top goal added for the golf course and asked the Commissioners to look over the language closely and provide any feedback to him in the next week or so as to the wording related to that. He further reported the City received a grant for $1,209 from the Bureau of Justice Assistance for purchase of bullet proof vests for the Police Department. He reported the breast cancer marathon will be held February 17, 2013. He also reported on the International City Management Association (ICMA) conference held in Phoenix, stating they had a session entitled "Fostering a Culture of Civility Inclusion and Consensus". He stated he was unable to attend the conference but has a video on demand service that allows this video to be shown. He stated he would recommend the Commission view the session and suggested 5:00 p.m. before the next Commission meeting on Tuesday, November 13, 2012. It was the consensus of the Commission to watch this on November 13 at 5:00 p.m. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Daugherty • Spoke with Cindy Corey regarding dog training classes for dog owners and he will work with the City Manager on this. • Will work with the City Manager to look at getting a grant writer. Commissioner Beckenbach • Asked about liability insurance for the tennis instructors. Mr. Hanson explained it is in their contract. Mr. Hanson stated he would send him a copy of their contracts. Commissioner Woods • Stated she spoke with Chief Classey about what they can do to be more proactive in responses regarding affidavits, such as those we had tonight. She stated he will look into this. Commissioner Mark • Asked what the Commission's feelings are regarding the Robert Street ditch issue next steps. She stated she doesn't want them to feel like we have dropped the ball. Mayor Borno stated he will address that during his report. • Asked if there is a provision in our Charter regarding a review period for the Charter. City Attorney Jensen stated he does not believe there is. She asked the Commission to have a discussion in the future on a Charter review. Mr. Hanson stated it would be good to bring that up at Strategic Planning next year. • Stated the dog issue was very concerning because it had been going on for so long. She believes we need to make sure there are mechanisms in place to assure actions are being taken in these cases. • Gave update regarding Selva Marina. Mayor Borno • Stated Ander Crenshaw will be speaking at Veterans Memorial Park on November 11 for Veterans Day. • Stated the Air Show was fabulous this past weekend. October 22, 2012 REGULAR COMMISSION MEETING Pau 19 • Gave update on Robert Street ditch. Commissioner Mark stated she would meet with Mr. Davis and let him know that FDOT is reviewing it. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 9:38 p.m. ATTEST: Mayor/Presiding Officer 042414241(1:60,1&e, Donna L. Bartle, CMC City Clerk