PUBLIC HEALTH & SAFETY

 

 

COMMITTEE AGENDA

 

 

 

Monday January 06, 2014

Tape No.________________________

4:00 PM  

 

Council Chambers 1st Floor,  City Hall

Dana Farris,

Chief of Legislative Services

 

 

 

 

Kimberly Daniels, Chair

Legislative Aide: Paula Shoup

Ray Holt

Attorney: Paige Johnston

Johnny Gaffney

Asst. Council Auditor: Sean Costigan

Reggie Brown

Research Asst.: Yvonne Mitchell

Doyle Carter, Arrived at 4:12 PM

Administration: Margo Klosterman

 

 

 

 

 

 

                        Meeting Convened     4:03 PM        Meeting Adjourned     4:36 PM

 

 

 

If a person decides to appeal any decision made by the Council with respect to any matter considered at such meeting, such person will 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.

 

 

 


Attendance:

Twane Duckworth, Risk Management, Finance Department: 2013-695

Bill Joyce, Chief of Engineering & Construction, Public Works Department: 2013-763

 

 

 

 

 

 

 

 

 

 

 

 

NOTE:  The next regular meeting will be held Tuesday January 21, 2014 due to MLK Jr. holiday

 

 

Item/File No.

Title/History

 

 

1.  2013-493

ORD-MC Amend Chapt 656, Part 13 (Sign Regs), Ord Code; Amend Secs 656.1301 (Gen Provisions), 656.1302 (Definitions) to add new Definition for Replacemt of Off-Site Commercial Signs (OSCS), 656.1303 (Zoning Limitations on Signs) to allow Maint & Repair of OSCS, 656.1309 (Unlawful Sign Messages) for Exemption for Replacemt OSCS; Create New Sec 656.1322 (Replacement OSCS) to allow Replacemt OSCS in certain Zoning Dists when Existing OSCS Inventory is Further Reduced; Create New Sec 656.1323 (Appeals from Bldg Inspections Div [BID]) to Require Challenges by Aggrieved Parties of BID Final Actions to be Pursued thru Arbitration Proceedings with BCAB; Create New Sec 656.1324 (Noise Attenuation Barrier Blocking View of OSCS) to require City to allow (1) an Increase in Height, (2) Relocation or Reconstrn at another Location if Owner Agrees, or (3) Pymt of Fair Market Value of Sign if any Govt Entity Permits or Erects a Noise-Attenuation Barrier that Blocks a Sign; Repeal Sec 656.719 (Nonconforming Signs) in its Entirety; Amend Article 23, City Charter, to Halt Proliferation of Off-Site Commercial Billboards (OSCB) by Capping Existing Inventory of OSCB & only Permitting Replacemt when Existing Inventory is Further Reduced & to Promote Public Safety & Aesthetics by allowing Repair & Maint of Existing OSCB as of Effective Date of this Ord; Repeal Sec 320.414 (Nonconforming Signs); Amend Sec 614.142 (Unlawful Sign Messages), Chapt 614 (Public Order & Safety). (Sanders & Diebenow) (Introduced by CM Clark) (Urban CPAC, NW CPAC, North CPAC, SE CPAC & GA/B CPAC req Deny)

LUZ PH Pursuant to Sec 656.123 - 8/20/13, 10/1/13, 10/15/13, 11/5/13, 12/3/13 & 1/22/14

Public Hearing Pursuant to Sec 166.041(3)(c)(2), F.S. & CR 3.601 - 8/13/13 & 8/27/13, 10/8/13, 10/22/13, 11/12/13, 12/10/13 & 1/14/14 & 1/28/14

 

1. 7/23/2013 CO  Introduced: R,PHS,LUZ

 

    8/5/2013 PHS Read 2nd & Rerefer;    8/5/2013 R Read 2nd & Rerefer

 

    8/6/2013 LUZ Read 2nd & Rerefer

 

2. 8/13/2013 CO PH Addnl 8/27/13/ Read 2nd & Rerefer; R, PHS, LUZ

 

    8/27/2013 CO PH Contd 10/8/13

 

   10/8/2013 CO PH Contd 10/22/13

 

   10/22/2013 CO PH Contd 11/12/13

 

   11/12/2013 CO PH Contd 12/10/13

 

    11/18/2013 PHS Sub/Rerefer 4-0;    11/18/2013 R Sub/Rerefer 7-0

 

    12/3/2013 LUZ PH Sub/Rerefer R, PHS, LUZ 6-0

 

    12/10/2013 CO PH SUBSTITUTED/Rereferred; R, PHS, LUZ

 

 

 

Bill Summary               R: Defer

 

DEFER

 

 

 

 

 

 

2.  2013-695

ORD-MC Amend Chapter 191 (Special Events & Entertainment Dist), Var Sections, re Permits, Responsibilities for Event & Public Safety & Emerg Requiremts, & Insurance Requiremts; Amend Chapt 250 (Misc Business Regs), Part 10 (Spec Events Vendors), to clarify Spec Events Vendors, and their Insurance Requiremts. (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/12/13

 

1. 10/22/2013 CO  Introduced: R,PHS,F

 

    11/4/2013 PHS Read 2nd & Rerefer;    11/4/2013 R Read 2nd & Rerefer

 

    11/5/2013 F Read 2nd & Rerefer

 

2. 11/12/2013 CO PH Read 2nd & Rereferred; R, PHS, F

 

 

Bill Summary               Fact Sheet               R: Amend/App

 

Risk Manager Twane Duckworth described his work to date to reform the special events regulations and explained the amendments he was requesting to the bill which were derived from the constituents in order to accommodate the need and hold the event holder accountable for logistics. Council Member Brown explained that prior to legislation regulations were the same for large or small events which was not feasible. Thus, legislation provides more flexibility in to promote more events in smaller venues. Council Members Daniels and Gaffney commended Mr. Duckworth’s for his hard work to the process. 

 

AMEND/APPROVE 5-0

1.       Delete Fairgrounds & Landing from list of properties exempt and clarify that special event permitting section is not applicable to city owned/ privately leased property

2.       Strike that PW Dir. Authorized to enter into indemnity contracts for events

3.       Technical corrections

4.       Various changes at request of Risk Management

 

3.  2013-699

ORD re Chapt 118 (City Grants), Sec 118.805 (Eligibility Qualifications for Public Svc Grants), Ord Code, Establishing the 2013-2014 Priority Populations for Public Svc Grant Appropriations. (Rowland) (Introduced by Council President pursuant to Sec 118.805, Ord Code)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/12/13

 

1. 10/22/2013 CO  Introduced: PHS,F, R (Assigned to Rules by C/P 12/5/13)

 

    11/4/2013 PHS Read 2nd & Rerefer

 

    11/5/2013 F Read 2nd & Rerefer

 

2. 11/12/2013 CO PH Read 2nd & Rereferred; PHS, F

 

    11/18/2013 PHS Amend/Approve 4-0

 

    11/19/2013 F Amend/Approve 5-2 (Clark, Schellenberg)

 

    11/26/2013 CO REREFERRED; PHS, F

 

 

Bill Summary

 

Council Member Brown explained information is supposed to be gathered and brought back to Rules in two weeks for action. He suggested that Council Member Daniels consider looking into this since there has not been a committee established or schedule a notice meeting with Council Member Jones. The issue is whether or not to adjust the three priority categories to setup a fourth category to provide a food program for seniors.

 

DEFER

 

 

 

4.  2013-760

ORD-MC Amend Sec 250.907 (Location Rules & Review), Part 9 (Sidewalk Cafes), Chapt 250 (Misc Business Regs), to Modify the Requiremts for the Stockton Street Shopping Dist. (Gabriel) (Introduced by CM Jones)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 12/10/13

 

1. 11/26/2013 CO  Introduced: R,PHS,RCD

 

    12/2/2013 PHS Read 2nd & Rerefer;    12/2/2013 R Read 2nd & Rerefer

 

    12/3/2013 RCD Read 2nd & Rerefer

 

2. 12/10/2013 CO PH Read 2nd & Rereferred; R,PHS,RCD

 

 

Bill Summary              R: App

 

APPROVE 5-0

 

 

 

5.  2013-762

ORD Approp $138,268 from ITD's Retained Earnings Acct to buy a Mosquito Control System. (BT 14-007) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 12/10/13

 

1. 11/26/2013 CO  Introduced: PHS,F,RCD

 

    12/2/2013 PHS Read 2nd & Rerefer

 

    12/3/2013 RCD Read 2nd & Rerefer;    12/3/2013 F Read 2nd & Rerefer

 

2. 12/10/2013 CO PH Read 2nd & Rereferred; PHS,F,RCD

 

 

Bill Summary               Fact Sheet

 

DEFER

 

 

6.  2013-763

ORD Approp $998,469.62 by Reallocating Grant Funds Prev Approp by Ords 2010-438-E & 2012-89-E to Match the Revised Grant Agreemt with Fla Dept of Economic Opportunity for Disaster Recovery; Auth Funds Carryover to FY 2014-2015; Amend Ord 2013-465 (CIP) to Reduce Budgets for "Public Bldgs - Disaster Repairs", "McCoy's Creek Pond D" & City of Atlantic Bch Projs & Increase Budgets for "Bradham Brooks Lib Disaster RPR", Emerg OPS Ctr", "Robert Kennedy PK - Disaster Recovery & "Emmett Reed Community Ctr Projs. (BT 14-010) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 12/10/13

 

1. 11/26/2013 CO  Introduced: PHS,TEU,F,RCD

 

    12/2/2013 PHS Read 2nd & Rerefer;    12/2/2013 TEU Read 2nd & Rerefer

 

    12/3/2013 RCD Read 2nd & Rerefer;    12/3/2013 F Read 2nd & Rerefer

 

2. 12/10/2013 CO PH Read 2nd & Rereferred; PHS,TEU,F,RCD

 

 

Bill Summary               Fact Sheet               TEU: Amend/App

 

Asst. Auditor Sean Costigan explained that the amendment was just to attach the correct CIP forms to the bill and was not changing any legislation. Mr. Bill Joyce , Chief of Engineering & Construction, Public Works stated that the funds were from completed projects that have to go back into the facilities account in order to be utilized for other sources.

 

AMEND (TEU)/APPROVE 5-0

 

7.  2013-765

ORD Approp $624,507.21 ($349,999.65 from Dept of Justice & $274,507.56 In-Kind Contribution of Personnel from Public Defender) to Implement a Veterans Treatmt Court; Auth Funds Carryover to FY 2014-2015; Designate Oversight by Court Administration. (BT 14-012) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 12/10/13

 

1. 11/26/2013 CO  Introduced: PHS,F

 

    12/2/2013 PHS Read 2nd & Rerefer

 

    12/3/2013 F Read 2nd & Rerefer

 

2. 12/10/2013 CO PH Read 2nd & Rereferred; PHS,F

 

 

Bill Summary               Fact Sheet

 

AMEND/APPROVE 5-0

 

1. Attach grant documents “on file”

 

8.  2013-799

ORD Auth a Sovereignty Submerged Lands Fee Waived Lease Modification with the Fla Bd of Trustees of the Internal Improvemt Trust Fund, which Modifies Existing Lease Auth by Ord 2012-597-E, to Increase the Square Footage & Reflect As-Built Surveys for the Fire Station at 9350 Heckscher Dr. (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/14/14

 

1. 12/10/2013 CO  Introduced: TEU,PHS,F

 

 

Bill Summary               Fact Sheet              TEU: 2nd & Rerefer

 

READ 2nd & REREFER

 

 

 

9.  2013-802

ORD-MC Amend Sec 656.402 (Residential Dists), Subpart B (Misc Regs), Part 4 (Supplementary Regs), Chapt 656, Ord Code, to allow a Fence up to 6' High in 1 Required Yard of a Corner Lot under Certain Circumstances. (Gabriel) (Introduced by CM Crescimbeni & Co-sponsored by CM Redman)

LUZ PH Pursuant to Sec 656.123, Ord Code - 1/22/14

Public Hearing Pursuant to Sec 166.041(3(c)(2), F.S. & CR 3.601 - 1/14/14

 

1. 12/10/2013 CO  Introduced: PHS,LUZ

 

 

Bill Summary              

 

READ 2nd & REREFER

 

 

 

10.  2013-805

ORD Closing & Abandoning &/or Disclaiming a R/W for Drainage to Facilitate Applicant's Drainage Proj in the Lambing Road/No Road area. (Dist 12-Carter) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/14/14

 

1. 12/10/2013 CO  Introduced: TEU,PHS

 

Bill Summary               Fact Sheet               TEU: 2nd & Rerefer

 

READ 2nd & REREFER

 

 

 

*****NOTE: Other items may be added at the discretion of the Chair.*****

 

Council Member Carter has concerns about local law enforcement officers being able to write tickets on state highways because the wait time for Florida Highway Patrol officers is beyond responsible considering local officers are present. CM Carter wants PHS look into the expenses and revenue of red light cameras.

 

 

 

Yvonne P. Mitchell, City Council Research

Posted 1.8.14      5:00 p.m.