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05-24-04 vMINUTES REGULAR CITY COMMISSION MEETING May 24, 2004 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tem Beaver City Clerk Maureen King Commissioner Paul B. Parsons City Attorney Alan C. Jensen Commissioner Sylvia N. Simmons Commissioner J. Dezmond Waters III Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by Mayor Meserve was followed by The Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of May 10, 2004 Motion: Approve Minutes of the Regular Meeting of May 10, 2004 as presented. Moved by Parsons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Item 6A was taken out of sequence and acted on at this time. Resolutions 6. A. Action on Resolutions: Resolution No. 04-OS A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, HONORING RENE SCHIEGG, GENERAL MANAGER OF THE SEA TURTLE HOTEL, FOR HIS PUBLIC SERVICE TO THE CITY OF ATLANTIC BEACH Motion: Approve Resolution No. 04-05. Mayor Meserve read the Resolution in its entirety and presented the framed document to Mr. Schiegg and thanked him for his many years of community support. Mav 24, 2004 REGULAR COMMISSION MEETING Page 2 Commissioner Parsons noted that Mr. Schiegg was top salesperson for the Gator Bowl Association and thanked him for his work with the organization. Moved by Waters, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED 2. Courtesy of the Floor to Visitors Stuart Kimmel of 1883 Beach Avenue spoke in opposition to the dune walkover (Item 8C) as constructed at 1897 Beach Avenue; Steve Shirley of 1881 Beach Avenue also expressed opposition to the dune walkover and stated that it obstructed his view of the ocean; George Santayana of 1886 Beach Avenue urged the Commissioners to have the dune walkover removed and stated that the walkover ordinance was drafted to allow construction of walkovers without destroying the view; Lisa Pelkey of 1887 Beach Avenue provided photographs of the dune walkover and indicated she was opposed to the structure, which violated the city code and obstructed her view; Amalia Wappes of 1885 Beach Avenue stated she was opposed to the walkover and noted that there was a handicapped accessible walkover at 19th Street that could be used by the family at 1897 Beach Avenue. Mrs. Wappes indicated that the walkover as constructed blocked her view and she urged the Commissioners to preserve the view for those residents who purchased beachfront property. Mary McCarthy of 325 1St Street, Adeline Barrack of 374 1St Street, and Dorothy Kerber of 365 1St Street, expressed concern that the wall being constructed on the northwest corner of the intersection of 1St Street and East Coast Drive obstructed the view of those traveling on 1St Street. Ms. Kerber suggested the installation of a four-way stop at the intersection as a possible solution to the problem. Former Commissioner Mike Borno of 223 Ocean Forest Drive N. spoke in support of the ordinance banning the use of fireworks within the municipal boundaries of the city (Item 7C). A. Proclamation recognizing the week of June 7-11, 2004, as Code Enforcement Officers Appreciation Week Mayor Meserve read the Proclamation in its entirety proclaiming the week .., of June 7-11 as Code Enforcement Officers' Appreciation Week and presented the Proclamation to Alex Sherrer, the city's Code Enforcement May 24, 2004 REGULAR COMMISSION MEETING Page 3 Officer. Mayor Meserve commended Mr. Sherrer for his ability to work with residents to bring their properties into compliance. Item 8A was taken out of sequence and acted on at this time. A. Rescheduled public hearing to consider a request for aUse-by- Exception per Section 24-161 (i) of the City Code to reduce the required number of parking spaces from 22 to 17, and to reduce the width of spaces from ten to nine feet related to the proposed development of a new commercial building containing professional office use, and also a height waiver per Section 24- 156 to allow a proposed building height of 32-feet, exceeding the 25-foot height limit within the Central Business District and located at the southwest corner of Ahern Street and East Coast Drive (Lots 1, 3 and 5 of Block 1, Atlantic Beach Subdivision) Motion: Approve request for aUse-bv-Exception per Section 24-161 (i) of the City Code to reduce the required number of parking spaces from 22 to 17, and to reduce the width of spaces from ten to nine feet related to the proposed development of a new commercial building containing professional office use, and also a height waiver per Section 24-156 to allow a proposed building height of 32-feet, exceeding the 25- foot height limit within the Central Business District and located at the southwest corner of Ahern Street and East Coast Drive (Lots 1, 3 and 5 of Block 1, Atlantic Beach Subdivision). Chris Hionides, owner of the property, stated that the Community Development Board approved the project last year, but to address concerns of the Town Center merchants, changes were made to the original design. He believed the project would benefit the Town Center merchants and citizens. Michael Dunlap, architect for the project, displayed an architectural rendering of the building and provided details of the project. He indicated that the previous request was for a mix of office and retail use, but now the use would be limited to 8,872 square feet of professional office space. He pointed out that the original request sought a reduction in off-street parking spaces from 28 to 13, but the current plan called for 22 spaces with afive- space reduction to 17. Mr. Dunlap also requested that the width of the required parking spaces be reduced from the required ten feet to nine feet, and that a waiver be granted to allow a building height of 32 feet. After the presentation, Mayor Meserve opened the floor for a public hearing. May 24, 2004 REGULAR COMMISSION MEETING Paee 4 """' Nadine McDade of 54 East Coast Drive noted the large size of vehicles being driven today, and opposed the request to change the width of the parking spaces from 10' to 9'. Dorothy Kerber of 365 1St Street opposed any reduction to the required number of parking spaces and the waiver to the 25' building height limitation. Mrs. Kerber also expressed concern that construction of the building would add to the drainage problems of that area. Dick Hilliard of 338 11th Street expressed concern that runoff from the building would contribute to the flooding problems on Ahern Street. He also requested that the 25' height limitation be maintained. Richard Allen of 320 8th Street opposed the project stating the commercial venture would negatively impact the adjacent residential area. He believed the residential community was what made Atlantic Beach special. John Brocato of 1259 Linkside Drive stated he was a business owner in Town Center and attended the Parking Committee meetings. He felt the project would be a benefit to the area because the parking spaces could be used by other businesses during evening hours. Former Commissioner Mike Borno of 223 Ocean Forest Drive N., who served as Chair of the Town Center Parking Review Committee, stated that the committee had determined there was a shortage of parking spaces in the area. He requested that the request for reduced parking be denied until the Overlay Zone guide recommended by the Committee is established. Pat Pillmore of 995 Camelia Street who served on the Community Development Board, stated she was happy to see the green space and use of turf blocks. She believed the requested reduction in parking spaces was reasonable. Stephen Kuti of 1132 Linkside Drive believed the requested 9' wide parking spaces would be too narrow and the request should be denied. He also inquired concerning the number of offices and employees in the building. Ed McDade of 54 East Coast Drive stated he had two problems with the project -parking and runoff in the area. Mr. McDade stated his property was across the street from the proposed development and he had to fence his back yard to keep people from parking there. He indicated that even with the recent improvements, the intersection floods and he believed the building would add to the flooding and parking problems. ~'""' Mav 24, 2004 REGULAR COMMISSION MEETING Page 5 Dick Hilliard of 338 11th Street stated that turf block does not work in a heavy rainfall and believed a retention pond should be required. Gerard Vermey of 65 Shell Street commented that twenty years ago he was involved with the covered area design of Town Center and there always had been a parking problem because businesses did not share parking. He believed a parking garage should be constructed to solve the problem. Mr. Vermey stated he had no problem with the height of the building. Niall Falloon of 1717 Beach Avenue believed the two-story commercial building would be good for Town Center and would only require daytime parking. He believed there was a perceived problem with parking in Town Center and parking regulations should be enforced if people park illegally. No one else spoke and the Mayor closed the public hearing. Commissioner Waters inquired concerning how the neighbors could be protected from illegal parking on their property. Discussion ensued and it was suggested that "No Parking" be shifted to the other side of the street. Commissioner Waters believed that large vehicles being driven today would have a problem with 9' parking spaces. Mr. Dunlap responded that the cities of Neptune Beach and Jacksonville Beach require 9' parking spaces. Mayor Meserve commented that the property owner had the right to develop his property, it was zoned commercial, and the Community Development Board recommended approval. He stated that the owner had amended the project to lower the height and increase parking. He believed there would be no parking problems during the day and the additional parking would help to resolve the nighttime parking issues of Town Center. Mayor Meserve thought a reasonable compromise had been made by Mr. Hionides to move the project forward. Commissioner Beaver agreed with the Mayor but expressed concern for the number of parking spaces and the drainage issue. He indicated that the number of offices and employees was unknown and at this time it was not known if parking would be a problem.. Commissioner Beaver reminded the Commissioners that they had agreed to support the Town Center Parking Committee an not grant any parking variances until the Overlay Zone was in place. Commissioner Parsons stated that he had no problem with the height of the building but he did have a problem with parking. He believed the size of the building should be reduced to provide adequate parking. Mr. Dunlap stated it would not be economical to further reduce the size of the building. May 24, 2004 REGULAR COMMISSION MEETING Page 6 Commissioner Simmons expressed concern that the 9' parking spaces were too narrow and there were 23% less spaces than required by the City Code. She also believed garbage collection could be a problem in the future if the Shoppes of Northshore (presently owned by Mr. Hionides), and the new building have different owners. Commissioner Simmons stated she did not want to grant conditions that would be difficult to enforce or unenforceable. Commissioner Beaver inquired of Mr. Hionides if the size of the building could be reduced to meet the on-site parking requirements. He responded that it would not be cost effective to make the building any smaller. Discussion ensued regarding conditions placed on various businesses in Town Center that were never enforced. Commissioner Waters stated he wanted assurance that the garden area would be maintained and remain a garden area if the property was sold. Moved by Beaver, seconded by Waters Votes: Aye: 1-Meserve Nay: 4 -Beaver, Parsons, Simmons, Waters MOTION FAILED Item 8C was taken out of sequence and acted on at this time. C. Discussion and related action in connection with a letter from Mike Gillespie regarding a dune walkover at 1867 Beach Avenue Mayor Meserve explained it was his understanding that a permit was applied for and returned marked in red saying that some modifications had to be made to the structure. The walkover was built according to the original design without taking into consideration the city's requirements for construction of a dune walkover. The Mayor confirmed with City Attorney Jensen that no waiver could be granted and the only options would be to change the law or have someone prove that the ordinance regulating construction of dune walkovers was illegal. Mike Gillespie, the licensed contractor for construction of the walkover, distributed copies of an excerpt from Chapter 553.73 Building Construction Standards of Florida Statutes. Using this information as a basis for his challenge, Mr. Gillespie stated that in March of 2002 the state adopted the Florida Building Code, which made all technical and administrative amendments for construction null and void. ., Mr. Gillespie stated that when he constructed the walkover, he followed the drawings, with the exception of handrails. He indicated that the Florida Mav 24, 2004 REGULAR COMMISSION MEETING Paee 7 "'"" Building Code required handrails if a structure was thirty inches or more above a surface, and for safety reasons he included the handrails. Mr. Gillespie stated that when the Stop Work Order was issued, he spoke with the Building Official concerning the lack of handrails in the city's plan and was informed that the handrail requirement did not apply to walkovers. Mr. Gillespie stated that for safety reasons, he did not feel this was correct and called the Florida Building Commission for an interpretation on the handrail requirement. He indicated that the person he spoke with confirmed that handrails were required at the stated height, but that was a moot point since the walkover ordinance became illegal when the Florida Building Code was adopted. To further substantiate his case, Mr. Gillespie stated that the homeowner wanted handrails to protect their handicapped child. He also indicated that it was illegal by Federal Law to adopt an ordinance that would preclude a handicapped person and pointed out that the design of the walkover made it impossible to build a ramp for handicapped access. A copy of Mr. Gillespie's letter dated May 19, 2004, containing information regarding the interpretation of the city's ordinance by the Florida Building Commission is attached and made part of this official record as Attachment A. Mayor Meserve requested a legal opinion from City Attorney Jensen concerning the allegations. City Attorney Jensen stated it was his understanding that the ADA requirements did not apply to private residential properties. Building Official Ford confirmed that the requirements did not apply to single-family homes. He further stated that it was his understanding the city's dune walkover ordinance and plan were previously approved by the DEP and several walkovers had been permitted by the DEP using the city's plan. He further indicated that the Florida Building Code requirements quoted by Mr. Gillespie applied to walkways, stairways, etc. attached to buildings, not detached structures that cross over the dunes. City Attorney Jensen stated that it was his opinion that the city's dune walkover ordinance was current, valid and enforceable. Commissioner Parsons stated that there were several handicapped accessible dune walkovers in the city. He then inquired if Mr. Gillespie had obtained a permit to build the structure and he stated that he had received a permit from the city and the DEP to construct the walkover. City Manager Hanson explained the circumstances of the issuance of the Stop Work Order and pointed out that Building Official Ford had written the required changes on the plan in red when the permit was issued. Mayor Meserve asked Mr. Gillespie why he did not contact Mr. Ford if he had any questions concerning the required changes written in red on the ~. plans before he started construction. Mr. Gillespie stated that he believed he was building the walkover to city standards. He noted that what was May 24 2004 REGULAR COMMISSION MEETING Page 8 written in red said "no handrails" and nothing written in red dealt with the height of the structure or the benches. Building Official Ford responded that the city tried to accommodate contractors on small projects and as a courtesy, he would mark the plans with red lines showing the changes that needed to be made. He indicated that legally, the city could require that the plans be redrawn and new permits obtained from the state which often could take up to six months. He stated that two items on this project were red lined, the elevations and that "no handrails" were allowed; both of which were ignored. Mr. Ford reported that he had contacted the same people at the Florida Building Commission as has been contacted by Mr. Gillespie, and received different answers, the most significant being that asingle-family home was exempt from ADA requirements for ramps. Mr. Ford explained that the city's ordinance regulating the construction of dune walkovers was not part of the building code, but was an approved design that meets the Florida Building Code. He stated that the plan was reviewed by an architect and an engineer and permitted by the DEP before it was codified. He believed that often sections of the Florida Building Code were taken out of context by contractors to make a project work, which may have happened in this case. Mr. Ford explained the elevation requirements for the walkover, pointing '" out that a minimum of twenty-five inches must be maintained above the dune, with an allowance of 10% above or below that figure in order to stay with the topography and avoid extreme drops and rises. Discussion ensued. Commissioner Parson commented that the walkover as constructed was unattractive and obstructed the ocean view. Commissioner Simmons commented that several years ago, a group placed a bench in the dunes at 2"d Street and the DEP made the city remove it. She stated that she was surprised that the DEP would allow the benches in Mr. Gillespie's plan. Mayor Meserve pointed out that the city's plan for the walkover did not have any benches. Mayor Meserve inquired if Mr. Gillespie received a copy of the plans for the walkover. Mr. Gillespie indicated that he received a copy of the plans. IT WAS THE CONSENSUS OF THE COMMISSION THAT NO ACTION COULD BE TAKEN TO GRANT ANY WAIVERS TO THE CODE SINCE IT HAD NOT BEEN PROVEN THAT THE DUNE WALKOVER ORDINANCE WAS ILLEGAL. IT WAS THE CONSENSUS OF THE COMMISSION THAT THE DUNE WALKOVER SHOULD BE TORN DOWN AND REBUILT TO CODE. ,' Nlay 24, 2004 REGULAR COMMISSION MEETING Paee 9 ;~~""" 3. Unfinished Business from Previous Meeting City Manager's A. City Manager's Follow-up Report Follow-up Report There was no follow-up report. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Utility Sales Report for April 2004 (City Manager) B. Approve the purchase of a tractor for the wastewater treatment plant from Coastal Equipment Systems, Inc. at a cost of $24,314.96 (Bid No. 0304-16) (City Manager) Motion: Approve Consent Agenda Items A and B as presented. Moved by Simmons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports A. Cultural Arts & Recreation Advisory Committee Report Rusty Pritchett, Chair of the Cultural Arts and Recreation Advisory Committee, indicated there was a good cross section of backgrounds among committee members. Mr. Pritchett commented on several programs offered by the Recreation Department, which included Acoustic Nights, the Songwriters' Concerts, Laughter Workshop, Art Programs at Atlantic Beach Elementary School, the Teen Council surfing contest, concert in Jack Russell Park and the scholarship competition. Mr. Pritchett indicated that the committee hoped to hold a Family Fun Run in the near future. Commissioner Waters thanked Mr. Pritchett for his work and requested that the Committee look at areas that are not already developed when considering locations for art in public places. He believed the addition of art in Bull Park would compromise the architectural design of the park. Commissioner Parsons inquired concerning the surfing contest and Mr. Pritchett indicated that it was held in the fall of 2003. Commissioner Simmons stated that she enjoyed the Acoustic Nights and suggested more promotions of the Recreation Department's programs. May 24 2004 REGULAR COMMISSION MEETING Paee 10 ,"""^ Item 8J was taken out of sequence and acted upon at this time. J. Appointment to the Cultural Arts & Recreation Advisory Committee (City Clerk) Motion: Appoint James Woodruff II to fill the unexpired term of Margaret van de Guchte. Moved by Meserve, seconded by Simmons Votes: Aye: 5 - Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Resolutions 6. Action on Resolutions: A. Resolution No. 04-05 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, HONORING RENE SCHIEGG, GENERAL MANAGER OF THE SEA TURTLE HOTEL, FOR HIS PUBLIC SERVICE TO THE CITY OF ATLANTIC BEACH Resolution No. 04-OS was taken out of sequence and adopted earlier in the meeting. Ordinances 7. Action on Ordinances A. Ordinance No. 20-04-64 Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET OF THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004 Mayor Meserve read the ordinance by title only. Motion: Approve Ordinance No. 20-04-64 on first reading. There was no discussion. Moved by Simmons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED May 24 2004 REGULAR COMMISSION MEETING Page 11 ~!""'' B. Ordinance No. 25-04-36 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 8, FLOOD HAZARD AREAS, TO COMPLY WITH REQUIREMENTS OF THE NATIONAL FLOOD INSURANCE PROGRAM AND THE COMMUNITY RATING SYSTEM; PROVIDING AN EFFECTIVE DATE THEREOF Mayor Meserve read the ordinance by title only. Commissioner Waters inquired if the only change was the addition of item (d). Building Official Ford stated that this item was required by FEMA in order for the city to receive a better rating under the NFIP/CRS program, and would result in a reduction in insurance rates after the city is rated. Commissioner Waters inquired concerning existing properties that do not meet the requirement. Mr. Ford responded that there was a variance procedure for below grade properties and the existing properties would be "grandfathered-in". Commissioner Simmons inquired regarding the criteria to be used if the road was constructed with an inverted crown. Mr. Ford stated the measurement would be taken from the inverted crown. Motion: Approve Ordinance No..25-04-36 on first readin Moved by Parsons, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED C. Ordinance No. 95-04-87 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 13, OFFENSES BY CREATING A NEW SECTION 13-13 "REGULATION OF FIREWORKS"; SETTING FORTH REGULATIONS FOR THE POSSESSION OF FIREWORKS; PROVIDING PENALTIES; PROVIDING FOR CONFLICTING ORDINANACES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE Motion: Approve Ordinance No. 95-04-87 on first reading. Commissioner Beaver requested that the language of the ordinance be consistent with the other beach cities. ^'^ May 24, 2004 REGULAR COMMISSION MEETING Page 12 Moved by Beaver, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business Use-by-Exception for A. Rescheduled public hearing to consider a request for aUse-by- southwest corner of Exception per Section 24-161 (i) of the City Code to reduce the Ahern Street and East required number of parking spaces from 22 to 17, and to reduce Coast Drive the width of spaces from ten to nine feet related to the proposed development of a new commercial building containing professional office use, and also a height waiver per Section 24- 156 to allow a proposed building height of 32-feet, exceeding the 25-foot height limit within the Central Business District and located at the southwest corner of Ahern Street and East Coast Drive (Lots 1, 3 and 5 of Block 1, Atlantic Beach Subdivision) This item was taken out of sequence and acted on earlier in the meeting. Cornell Two B. Approve Preliminary Plat for Cornell Two Subdivision finding Subdivision the proposed plat consistent with the Zoning, Subdivision and Land Development Regulations and the Comprehensive Plan (City Manager) Motion: Approve Preliminary Plat for Cornell Two Subdivision finding the proposed plat consistent with the Zoning, Subdivision and Land Development Regulations and the Comprehensive Plan. Commissioner Simmons inquired concerning who would be responsible for maintaining the common areas in the development and Ralph Marcello, representing Beaches Habitat, stated that they would be building "land condominiums" where the owners actually own their half of the duplex, up to the common wall and the land underneath it. He indicated that the only common area would be the retention pond. Commissioner Simmons also inquired concerning what would happen if someone who did not maintain their property owned half of a duplex. Mr. Marcello responded that Habitat put $35 per month into an escrow account for maintenance. Commissioner Waters stated that he was disappointed that Habitat was no longer building single-family homes in Atlantic Beach. Mr. Marcello stated that cost of land and infrastructure improvements was approaching $30,000 per dwelling unit, which brought the cost of a home up to $70-75,000. He indicated that with the cost of land, they could no longer afford to build low cost single-family homes. May 24 2004 REGULAR COMMISSION MEETING Paee 13 Moved by Beaver, seconded by Parsons Votes: Aye: 1 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED 1867 Beach Avenue C. Discussion and related action in connection with a letter from Dune Walkover Mike Gillespie regarding a dune walkover at 1867 Beach Avenue This item was taken out of sequence and acted on earlier in the meeting. D. Review draft language to rewrite Chapter 12, Nuisances, of the Code of Ordinances, and authorize staff to present ordinance for first reading at the next Commission Meeting (City Manager) Commissioner Waters presented a list of scrivener's errors to be corrected. Following brief discussion, staff was directed to prepare an ordinance to rewrite Chapter 12, Nuisances, for first reading at the next Commission meeting. Proposed regulations E. Review draft language to provide regulations for the for construction of construction of docks and boathouses and authorize staff to docks and boathouses present ordinance for first reading at the next Commission Meeting (City Manager) Commissioner Waters requested that marsh front and Intracoastal lots be included under Section 4a. Staff was directed to prepare an ordinance regulating the construction of docks and boathouses in the city for first reading at the next Commission meeting. Proposed regulations F. Review draft language to provide regulations for docking and for docking and anchoring boats and watercraft and authorize staff to present anchoring boats and ordinance for first reading at the next Commission Meeting watercraft (City Manager) There was no discussion. Staff was directed to prepare an ordinance regulating the docking and anchoring of boats and watercraft for first reading at the next Commission meeting. Mav 24, 2004 REGULAR COMMISSION MEETING Page 14 Award contract for G. Award contract for Security Improvements to Access Limited, Security Improvements as per their cost proposal dated May 10, 2004 for the following to Access Limited areas: City Hall Head End and badging system, and Water Plants 1, 2, and 3, in the amount of $96,001.45 (City Manager) Motion: Award contract for Security Improvements to Access Limited, as per their cost proposal dated Mav 10, 2004 for the following areas: City Hall Head End and badging system, and Water Plants 1, 2, and 3, in the amount of $96,001.45. There was no discussion. Moved by Simmons, seconded by Beaver Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Change Order No. 1 H. Approve Change Order No. 1 in the Country Club Lane Country Club Lane Stormwater Replacement Project in the amount of $4,722 and Stormwater authorize additional funds of $7,722 for the Stormwater Fund as Replacement Project part of the mid-year budget modification (City Manager) Motion: Approve Change Order No. 1 in the Country Club Lane Stormwater Replacement Proiect in the amount of $4,722 and authorize additional funds of $7,722 for the Stormwater Fund as part of the mid-year budget modification. City Manager Hanson reported that he had received more recent figures for the work and they maybe able to complete the work within budget, but he recommended that the Commission approve the request. The City Manager complimented Public Works Director Carper for his work to lower the cost by using the Insituform process. Commissioner Waters inquired about having Comcast move the lines since they were located in the city right-of--way. Public Works Director Carper indicated that Comcast stated they would move the lines, but it would take one to two months. Mr. Carper stated the stormwater line replacement work could be completed in two weeks using Insituform. Moved by Beaver, seconded by Parsons Votes: '""` Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED May 24 2004 REGULAR COMMISSION MEETING Page 15 Byrne Grant I. Authorize the Mayor to sign the application and related paperwork for the Federal Byrne State and Local Law Enforcement Assistance Formula Grant for 2004-005 (City Manager) Motion: Authorize the Mayor to sign the application and related paperwork for the Federal Byrne State and Local Law Enforcement Assistance Formula Grant for 2004-2005. There was no discussion. Moved by Beaver, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Appointment to the J. Appointment to the Cultural Arts & Recreation Advisory Cultural Arts and Committee (City Clerk) Recreation Advisory Committee This item was taken out of sequence and the appointment was made following the Cultural Arts and Recreation Advisory Committee Report. 9. City Manager City Manager's Report A. City Manager's Report City Manager Hanson summarized his written report, which is attached and made part of this official record as Attachment B. In addition to the written report, the City Manager commented on the following: • Reported the city was taking bids for health insurance. He indicated that claims for the previous year were down but the city's insurance provider, Blue CrossBlue Shield, had not offered to lower premiums. • Reported that Burton and Associates, the company performing the city's water/sewer rate study, had resolved its personnel problems and a new analyst from the company would be assigned to the city to finish compiling data for the rate restructuring. The final report will be available in June. It was further reported that water sales had been dropping due to ~,,, conservation and repairs by large volume users and the rate increase was needed to meet the city's bond covenant requirements. City Manager Mav 24, 2004 REGULAR COMMISSION MEETING Page 16 "'" Hanson requested Commission authorization to schedule and advertise the public hearings on the rate increase for July. By consensus, the Commissioners authorized the City Manager to schedule and advertise the public hearings for July. • Reported he authorized emergency sidewalk repairs on Plaza at Skate Road in the amount of $14,000 and for a manhole failure on West Stn Street and Orchid Street in the amount of $12,000. Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Commissioner Beaver """''' • Commended Building Official Ford for his well-prepared statement addressing the dune walkover issue. • Commented that he thought the Hionides project was a good one, but considering all of the negative comments presented based on the lack of parking, he voted against the project. Commissioner Parsons A. Report relative to Public Art (Commissioner Parsons) • Reported that the Atlantic Beach Public Arts Commission was waiting for the installation of the statue at the five-way intersection and had put the acquisition of additional artwork on hold for now. • Inquired concerning the construction of the wall at 1St and Ahern Streets mentioned under Courtesy of the Floor to Visitors. Chief Thompson advised that the City Code prohibited visual obstructions and he would look at the wall construction. Commissioner Waters • Inquired of the City Attorney the status of the walkover discussed earlier. City Attorney Jensen responded that it would have to be brought into compliance with the city's adopted plan for walkovers. • Stated he would like to encourage Mr. Hionides to bring back an amended design for his proposed building on Ahern Street. • Requested that Joel McEachin of the City of Jacksonville be invited to speak to the Commission on ways to protect the Old Atlantic Beach area May 24 2004 REGULAR COMMISSION MEETING Page 17 through historic preservation. Mayor Meserve suggested that he be invited to a future Workshop Meeting. Mayor Meserve Mayor Meserve made the following comments on the Super Bowl: • Believed not all Super Bowl fans would stay downtown and felt the beach cities would be mobbed with fans the two days prior to the game. • He suggested that Atlantic Beach and Neptune Beach plan an event similar to Dancing in the Street for the Friday and Saturday nights before the game, while other venues could take place in designated areas in Jacksonville Beach. • He noted that the City of Jacksonville had agreed to fund flyovers of vintage aircraft between 10:00 a.m. and 4:00 p.m. on Saturday. • Commented that the city would have to budget overtime for Public Works and Police personnel and should receive funds from Jacksonville to pay overtime. `"` • Felt the Mayors of the beach cities should arrange some type of transportation to and from the beach so those attending would not have to try to find a parking place. • Mayor Meserve believed the beach cities needed have a definite plan and then take the plan to the City of Jacksonville with a request for funding to help with the added costs. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 10:20 p.m. Mayor/Presiding Officer ATTEST: ~~ Maureen King Certified Municipal C ATTACi~IMENT A MAY 24, 2004 COMMiSSiON MEETING VIA FACSIMILE May 19, 2004 Jim Hansen City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 322333-5445 Deaz Jim, After speaking with you today in a private conversation I had hoped my letter and ow meeting had initiated some investigation on yow department's behalf to determine if there were truly some serious and grievous departures from the Florida Building Code with your ordinance regarding beach walkovers. I had stated that I believe there are serious safety hazards associated with yow city ordinance. In that meeting you felt comfortable with a person falling in excess of 30 inches in height. I tried to communicate as a designer that this was in direct conflict with the Florida Building Code. I stated that handrails are required whenever steps are constructed outside and guazdrails aze required whenever elevations exceed 30 inches. I mentioned there was a system in which code interpretations could be discussed with state officials. In that conversation you ~° stated you were sure that this had taken place during the initial passing of the code. Appazently that was not the case. I was convinced then and this belief has been unquestionably verified by the Florida Building Commission. I am strongly advising you to research beach walkovers you have permitted since the adoption of that code and require that these individuals be required to install handrails and guardrails. Of course this is up to you but I believe yow city has serious exposwe in this matter for the safety reasons I have mentioned previously. I contacted the Florida Building Standazds and Codes Office at (850) 487-1824 to have them render and opinion regarding the need for guazdrails and handrails. I mentioned that yow city believed this requirement was not necessary due to the person being elevated above sand. They were unmoved. They stated emphatically that whenever anyone is elevated above 30inches that guardrails are required. The gentleman I spoke with was extremely knowledgeable, his name was John Caudill his direct line is (850) 921-2282. He stated that this requirement can be modified but only if made more stringent. Furthermore, he initiated a search through the Tallahassee database as to lawful ordinances adopted by the City of Atlantic Beach. There aze none.. This is the way it works in the State of Florida. After March 1, 2002 ally city ordinance regarding technical requirements or amendments to the Florida Building Code were null and void. Therefore yow city ordinance expired on March 1, 2002. I am mystified why yow city attorney did not inform you of this fact. I was confused as to how a city could modify or minimize the provisions outlined in the Florida Building Code. The answer is they can but it is a grueling process. To modify or adopt city ordinance related to construction is a monumental task. If you are interested in legally doing this I will refer you or yow lawyer to The 2003 Florida Statutes which can be viewed at www. Floridabuilding.org under Title XXXIII section 553.73 (4) (a) and (4)(b). This will inform you that to adopt an ordinance after March 1, 2002 to adopt an ordinance similaz to the dune walkover ordinance that you must first form a governing body comprised of every city in Duval County. Then it has to be advertised for ten days etc, etc, etc,. The representative from the State emphatically stated yow ordinance expired and it is illegal to enforce this ordinance. Please by all means give the man a call. He is responsible for interpreting the Florida Building Code. More distressingly is what the Department of Justice stated regazding your ordinance. As I stated to you on the phone I believed it violated Federal Law. It does. It is illegal to prohibit someone from building a ramp which meets ADA requirements. This was reiterated to me by an ADA specialist with the department of justice her name was Cazol she could not give me her last name but assured me there was only one Carol and her phone number is (800) 514-0301 you cannot build a ramp with more than 6 inches slope without a guardrail. The same requirements for steps exist at a Federal Level. They referred me to Title II of the American with Disabilities Act Section 504 of the Rehabilitation Act of 1973. They urged me to file a formal complaint. I would rather not. In conclusion, I am just trying to build things safely in the state of Florida. The illegal ordinance you are enforcing is attempting to preclude that. It is no longer necessary to schedule me on the agenda next Monday because you do not have a legal ordinance. I am 100% confident of that fact. During our meeting last Friday Don stated that he had already discussed the matter with the city attorney. Don got some bad advice. I suggest you contact the city attorney, ask him to read Florida Statute XXXIII 553.73 (4) (a) and (4) (b) and get his opinion as to weather your ordinance is in fact legal. If he understands the law he will tell you it is not. I beg you call the people listed in this memo. Jim I could go on and on and on and on and on about why the ordinance is wrong. I am simply tired of writing. Please do your reseazch as I have requested and pull the stop work order off my job so I can complete the walkover. I have now discussed this matter with three architects, the state guru on building codes, the guru on ADA and another municipality building department. Without exception everyone is in 100% agreement with my conclusions. These actions are damaging me and my staffpersonally and fmancially. Be egaz ""~ ike Gillespie PS My cell phone number is 813-8334 and I have it with me at all times VIA FACSIMILE May 17, 2004 Jim Hansen City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 322333-5445 peaz Jim, I would like to thank you for taking the time to meet with the Christopher Kathe the design engineer and myself last Friday in an attempt to resolve the walkover issue at 1867 Beach Avenue. I had hoped that after pointing out the error and inconsistencies contained in City Code 6-24 we could proceed with a correcting the code quickly resolve this issue. However since modifying the code requires approval of the city council I suggest we precede with that process immediately. At your request I am writing this letter to enumerate the errors in city code 6-24 so that I may address the powers that be and have these errors corrected. The errors aze as follows: 1) The intent of the city as explained to me by the building official was that the bottom of the stringers for the walkover be placed at 25 inches and that this dimension is maintained as closely as possible. This dimension is called out on the city drawing as 25 inches minimum. There is no maximum dimension stated. When this occurs on a drawing there is no maximum other than the maximum building height of 35 feet.. It is impossible for a professional constructing these structures to ascertain that the intent of the City of Atlantic Beach is to keep these structures close to the 25 inch minimum. I have been told that several of these structures were built far above that height and requested to be demolished and reconstructed undoubtedly causing damage to the dune system. This is a blatant error which needs to be amended. If the intent is 25 inches the word minimum should most definitely be omitted. 2) The code stated that the height of the walkover shall not vary by more that ten percent in height to allow for changes in topography. This is an impossible standard to construct. For this dimension to be held the walkovers would be a series of steps. This is due to the radical changes in topography associated with dunes. This is not only extremely damaging to the dune system but is in direct conflict with state building code 1007.5.1 "Stairways shall be equipped with handrails located not less than 34 inches nor more than 38 inches above the leading edge of a tread. " It has been argued by some that walkover steps do not classify as stairways. I contend that if an elderly person or child is walking down 5 or 6 steps in a strong northeast wind that there is a great risk of injury attempting this without a handrail. 3) The next error is associated with safety. The Florida Building code specifically states in section 1015.1 that "All unenclosed floor and roof openings, open and glazed sides of landings, stairs, balconies and porches which are more than 30 inches above finished ground level or a floor below shall be protected by a guazdrail. Although some believe this is not required because the surface below is sand, I strongly disagree. Since the bottom of the stringer is 25 inches minimum and the stringer and deck board are almost 10 inches the walkovers are easily 3 feet above ground in some areas. I believe strongly that handicapped children like the one that resides at this home and the elderly are at significant risk. I further believe that the City of Atlantic Beach could face serious litigation for instituting design standazd in conflict with state building codes. 4) The most disturbing error in this particular case is the inability to build a handicap accessible ramp to meet city standards 6-24. The standard does not allow for changes in height of more than 10% over the dune. Assuming that the minimum callout was omitted there remains a huge problem. Given the fluctuations in topography of virtually every dune in the city, it is impossible to build a handicap ramp would have to follow the topography of the dune system. A handicap ramp must have no more than a 1 inch rise in 12 feet. By instituting this system the City of Atlantic Beach has made it impossible for a handicap person to build a ramp to access the beach. Cleazly this was not the intent of the city's ordinance. It just so happens that a handicap child inhabits the house where the ramp in question is being constructed. I believe anyone with any disability should be able to access the beach. This standard precludes almost any disable person from constructing a walkover. A visually impaired individual would have no handrail and would fall some 35 inches to the ground. An elderly person I believe is at considerable risk without the aid of handrails. An a person in a wheel chair would have to negotiate slopes four to five time the allowable standard. In conclusion, I apologize this letter was not better written. I was told late Friday afternoon I had to submit the letter on Monday and was out of town over the weekend. Hopefully enough information is contained to alert the council that a change needs to be made to correct this code. The mother of the handicap child is adamant that her child should be able to enjoy a safe walkover. I agree with her wholeheartedly. I also believe the code in its current state is unsafe and denies accessibility to many individuals. I have been a design engineer all of my life. I have work on the most sophisticated drawings on the face of the earth. I will gladly donate my time to help generate a better code. I will gladly debate the effectiveness of this code with any design professional anytime. I assume a licensed Architect developed this drawing. I believe he should be challenged as to the conformance with dimensioning and toleraning per the American National Standards for drawings and related documentation practices. i ~ s -__ __--__;---- ~' e Gillespie PS My cell phone number is 813-8334 and I have it with me at all times AGENDA 1TEM #8C MAY 24, 2004 To: Jim Hanson, City Manager From: Don C. Ford, CBO Date: May 17, 2004 The dune crossover Ordinance 6-24(b) was passed by unanimous approval on 9/23/96. The purpose of the ordinance was to create a low profile residential walkover structure without handrails. This structure would allow homeowners to access the beach without creating a structure protruding from the dune. The approved crossover was reviewed and approved by the Florida Department of Environmental Protection. The DEP has issued six permits to construct the approved designs. On May 11th we went to 1897 Beach Avenue to answer a complaint of a walkover being built "very high" above the dunes. Our inspector revealed a structure being built which was over 7 feet above the dune in one area. The entire structure averaged more than 4 feet above the dune with handrails another 36"+ above the deck. We placed a stop work order on the project and met with the contractor to review his approved plans. The permitted plans were "red lined" to show needed changes in the project. The contractor was given a copy of Section 6-24 with the approved drawing. Our reply to the contractor letter of May 17 follows by item number. 1. Minimum dimension on the example drawing is the minimum required by the DEP to be maintained above the dune. The maximum is controlled by the section of the ordinance that states "height shall not vary more than 10 " .percent". The statement about structures being demolished is not accurate. We have six crossovers constructed since this ordinance was adopted with no complaints. 2. Steps have been installed in areas where the topography has extreme changes. Handrails are allowed at very high steps. Reference to Chapter 1007.5.1 is taken out of context. This chapter is for "Type I and II buildings, Groups A-1 and Group I buildings, and all other buildings three stories or more in height or occupied by more than 40 persons above or below the level of discharge". 3. References to Chapter 1015.1 are taken out of context as this section refers to buildings and stairs, ramps, balconies etc., that are a part of the building.. 4. The approved drawings do not refer to the structure as being a handicap ramp. As such no stairs are allowed. ,"''" AGENDA ITEM #8C MAY 24, 2004 BUILDINGS AND BUILDING REGULATIONS § 6-30 tions. Underground utilities, excluding pad transformers and vaults, shall be floodproofed to prevent infiltration of surface water expected under design storm conditions or shall otherwise be designed to function when submerged under such storm conditions. (b) All residential dune crossover structures shall be constructed in accordance with the beach dune walkover design as displayed in the plan attached to Ordinance No. 25-96-29, and a copy of which will be kept in the city clerk's office and the office of the building official. Walkovers will have strict adherence to this design and shall not vary more than ten (10) percent in height to allow for changes in topography of the dune system. B E A C H DUNE. W A L K O V E R IL11iP SI.U+E TYPICAI, SECTJON 36A-6Et 1 ~4' ~. 7 -.O' 71A1fYM11/ NQIEt P).V.`E STEPS ON pEACN 9)DE . FROM V~OCTATIOM TO L6YE'J. OF MA70MUM BFJIC?I RECE531aM DUKIl10 A SEVERE S10RY, (Ord. No. 25-86-17, § 1, 2-24-86; Ord. No. 25-96-29, 9-23-96) Secs. 6-25-6-30. Reserved. Supp. No. 29 410.1 NOTES: ~.L w~+ to of PRES4~7RE n~Tm -xwir ~ To eE owPm GAWAMZFI) OR 9TAYIkts9 SI[~ 4X~ MA7L SuFtPORi POTS 1X10 YA1E SUPPORT BEAILS 1lI7P Y7i7l: 9TlYlt STRl1GER! 77(12 NA7[:-Jg3TS 1 TMtGK MA7C DECtR10 SUPP~ORj PQ$i 51tY1. NOT 8R tNCASE77 NI CptICRETE. TYPlGAI PLAN `"~'~~""~ 9CALR; 1/4' w 1 ~-0' Session ~ Committees - Senators - The 2003 Florida Statutes __ . _. Information Center - Statutes & Constitution - Title XXXiII Chapter 553 REGULATION OF TRADE, COMMERCE, BUILDING CONSTRUCTION lobbyist Information - INVESTMENTS, AND SOLICITATIONS STANDARDS .: 553.73 Florida Building Code.-- Session: 2004 (1)(a) The commission shall adopt, by rule pursuant to ss. 120.536(1) and 120.54, tt a~u ~: ~ Building Code which shall contain or incorporate by reference all laws and rules whi and govern the design, construction, erection, alteration, modification, repair, and nd facilities and enforcement of such taws public and private buildings, structures, a Session: 2004 except as otherwise provided in this section. Chamber: Senate _ ~ ® lb) The technical portions of the Florida Accessibility Code for Building Construdioi contained in their entirety in the Florida Building Code. The civil rights portions and portions of the accessibility laws of this state shall remain as currently provided by ~ ~~, revision or amendments to the Florida Accessibility Code for Building Construction p II shall be considered adopted by the commission as part of the Florida Building Cod commission nor any local government shalt revise or amend any standard of the Flor Year: 2003 ~ ® Accessibility Code for Building Construction except as provided for in part I1. Search (c) The Florida Fire Prevention Code and the Life Safety Code shall be referenced ii Building Code, but shall be adopted, modified, revised, or amended, interpreted, ar ~ by the Department of Financial Services by rule adopted pursuant to ss. 120.536(1) Florida Building Commission may not adopt a fire prevention or lifesafety code, and Enter vo~r zip+a code: Florida Building Code shall affect the statutory powers, duties, and responsibilities c offidal or the Department of Financial Services. Go / a« neroe.c ~ ~ 1' . .. ~r ~ ' .. (d) Conflicting requirements between the Florida Building Code and the Florida Fire Code and Life Safety Code of the state established pursuant to ss. 633:022 and 633.1 resolved by agreement between the commission and the State Fire Marshal in favor requirement that offers the greatest degree of lifesafety or alternatives that would ~ equivalent degree of lifesafety and an equivalent method of construction. If the con State Fire Marshal are unable to agree on a resolution, the question shall be referre~ mediator, mutually agreeable to both parties, to resolve the conflict in favor of the offers the greatest lifesafety, or alternatives that would provide an equivalent degn and an equivalent method of construction. (e) Subject to the provisions of this act, responsibility for enforcement, interpretet regulation of the Florida Building Code shalt be vested in a specified local board or words "local government" and "local governing body" as used in this part shall be con exclusively to such local board or agency. htm~ //w,ww.flsenate. gov/Statutes/indeY.cfm?App_mode=Display_Statute&Search_String=... 5/ 19/2004 May 19, 2004 Home Select Year: 2003 0 (2) The Florida Building Code shall contain provisions or requirements for public ant buildings, structures, and facilities relative to structural, mechanical, electrical, pli and gas systems, existing buildings, historical buildings, manufactured buildings, ele construction, lodging facilities, food sates and food service facilities, health care fay including assisted living facilities, adult day care facilities, and facilities for the con radiation hazards, public or private educational facilities, swimming pools, and Corr - - facilities and enforcement of and compliance with such provisions or requirements. Florida Building Code must provide for uniform implementation of ss. 515.25, 515.2: by including standards and criteria for residential swimming pool barriers, pool cove devices, door and window exit alarms, and other equipment required therein, whict with the intent of s. 515.23. Technical provisions to be contained within the Florida are restricted to requirements related to the types of materials used and constructi~ standards employed in order to meet criteria specified in the Florida Building Code. relating to the personnel, supervision or training of personnel, or any other professi~ qualification requirements relating to contractors or their workforce may not be inc the Florida Building Code, and subsections (4), (5), (6), and (7) are not to be conttn inclusion of such provisions within the Florida Building Code by amendment. This re: to both initial development and amendment of the Florida Building Code. (3) The commission shalt select from available national or international model built other available building codes and standards currently recognized by the taws of this the foundation for the Florida Building Code. The commission may modify the select and standards as needed to accommodate the specific needs of this state. Standard: referenced by the selected model codes shall be similarly incorporated by reference referenced standard or criterion requires amplification or modification to be approF this state, only the amplification or modification shall be specifically set forth in the Building Code. The Florida Building Commission may approve technical amendments after the amendments have been subject to the following conditions: (a) The proposed amendment has been published on the commission's website for a days and all the associated documentation has been made available to any interests any consideration by any Technical Advisory Committee; (b) In order for a Technical Advisory Committee to make a favorable recommendati commission, the proposal must receive athree-fourths vote of the members present Technical Advisory Committee meeting and at least half of the regular members mu order to conduct a meeting; (c) After Technical Advisory Committee consideration and a recommendation for aG proposed amendment, the proposal must be published on the commission's website than 45 days before any consideration by the commission; and (d) Any proposal may be modified by the commission based on public testimony ant a public hearing held in accordance with chapter 120. The commission shalt incorporate within sections of the Florida Building Code provis address regional and local concerns and variations. The commission shalt make ever ~ minimize conflicts between the Florida Building Code, the Florida Fire Prevention G Life Safety Code. (4)(a) All entities authorized to enforce the Florida Building Code pursuant to s. 55. comply with applicable standards for issuance of mandatory certificates of occupan~ types of inspections, and procedures for plans review and inspections as established commission by rule. Local governments may adopt amendments to the administrati~ the Florida Building Code, subject to the limitations of this paragraph. Local amend more stringent than the minimum standards described herein and shall be transmitt commission within 30 days after enactment. The local government shall make such htta~!/www.flsenate. govlStatutes/index.cfm?App_mode=Display_Statute&Search_String= 5/19/2004 available to the general public in a usable format. The State Fire Marshal is responsi establishing the standards and procedures required in this paragraph for govemmen• '"'' respect to applying the Florida Fire Prevention Code and the life Safety Code. (b) Local governments may, wbject to the limitations of this section, adopt amend technical provisions of the Florida Building Code which apply solely within the jufiec government and which provide for more stringent requirements than those spec' Building Code, not more than once every 6 months. A local government may adopt t amendments that address local needs if: 1. The local governing body determines, following a public hearing which has been newspaper of general circulation at least 10 days before the hearing, that there is a strengthen the requirements of the Florida Building Code. The determination must t review of local conditions by the local governing body, which review demonstrates t data that the geographical jurisdiction governed by the local governing body exhibit to strengthen the Florida Building Code beyond the needs or regional variation addr~ Florida Building Code, that the local need is addressed by the proposed local amend the amendment is no more stringent than necessary to address the local need. 2. Such additional requirements are not discriminatory against materials, products, techniques of demonstrated capabilities. 3. Such additional requirements may not introduce a new subject not addressed in Building Code. 4. The enforcing agency shall make readily available, in a usable format, all amend "' pursuant to this section. 5. Any amendment to the Florida Building Code shall be transmitted within 30 days adopting local government to the commission. The commission shall maintain copies amendments in a format that is usable and obtainable by the public. Local technical shall not become effective until 30 days after the amendment has been received an~ the commission. 6. Any amendment to the Florida Building Code adopted by a local government pur. paragraph shall be effective only until the adoption by the commission of the new e Florida Building Code every. third year. At such time, the commission shall review su for consistency with the criteria in paragraph (7)(a) and adopt such amendment as F Florida Building Code or rescind the amendment. The commission shalt immediately respective local government of the rescission of any amendment. After receiving sup respective local government may readopt the resdnded amendment pursuant to the this paragraph. 7. Each county and municipality desiring to make local technical amendments to th Building Code shall by interlocal agreement establish a countywide compliance reviE review any amendment to the Florida Building Code, adopted by a local government ! county pursuant to this paragraph, that is challenged by any substantially affected F purposes of determining the amendment's compliance with this paragraph. If ca allu technical amendments shalt not become effective until time for filing an apps p subparagraph 8. has expired or, if there is an appeal, until the commission issues its determining the adopted amendment is in compliance with this subsection. 8. If the compliance review board determines such amendment is not in compliance paragraph, the compliance review board shall notify such local government of the n and that the amendment is invalid and unenforceable until the local government co amendment to bring it into compliance. The local government may appeal the deacis htta://www•flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=... 5/ 19/2004 1014 -1016.1.2 SECTION 1014 BALCONIES, PORCHES, GALLERIES 1014.1 General 1014.1.1 Any exterior balcony, porch, or gallery may serve as a means of egress if it complies with all the requirements as to width, arrangement, headroom and travel distance and materials of construction that are spec- ified in this chapter for means of egress and provided it complies with the requirements of the following para- graphs of 1014. At least 50 percent of the balcony, porch, gallery or similar space shall be open on the long side. Exception: Protection of openings in the building walls opening onto exterior balconies shall comply with the requirements of 1006.2.4 for exterior stairs. 1014.12 All porches, balconies, raised floor surfaces or land- ings located more than 30 inches (762 mm) above the floor or grade below shall have guardrails as specified in 1015. 1014.1.3 Balconies or other open spaces serving as a means of egress shall be maintained as a required path of travel without obstruction so as to maintain the required minimum width of exit travel. 1014.1.4 Exterior balconies used as an exit access from buildings four or more stories in height shall be of non- combustible conswction. (See 1404.2 and 1404.3 for fire protection requirements of balconies not used as a mean's of egress.) 1014.1.5 (See 3206 for projections over public property.) SECTION 1015 GUARDRAILS ,ate'"'` 1015.1 General. All unenclosed floor and roof openings, open and glazed sides of landings, stairs, ramps, balconies and porches which aze more than 30 inches (762 mm) above finished ground level or a floor below shall be protected by a guazdrail. Exceptions: 1. Guazdrails are not required on the loading side of loading docks. 2. Guardrails shall be permitted in conformance with requirements for specific occupancies in 1018. 1015.2 Height. Guardrails shall form a vertical protective barrier not less than 42 inches (1067 mm) high. Exceptions: 1. The top element of a guardrail at the inside open or unenciosed edge of any intermediate stairway landing where the stairs reverse direction may be at the same height as the stairway handrails when the horizontal distance between the stair flights is 1 ft (305 mm) or less and when a continuous handrail as specified in 1007.5 is provided. 2. As permitted in 1019. FLORIDA BUILDING CODE - BUILDING 1015.3 Openings. Open guardrails shall have intermediate rails or ornamental pattern such that a 4-inch (102 mm) diam- eter sphere cannot pass through any opening up to a height of 34 inches. A bottom rail or curb shall be provided that will reject the passage of 2-inch (51 mm) diameter sphere. _- Exceptions: 1. A 6 inch (152 mm) sphere shall not pass through the triangular opening formed by a tread, riser and bottom of a guardrail. 2. See 1018 for special occupancy requirements. 1015.4 Strength, durability and attachment. Construction of guardrails shall be adequate in strength, durability and attachment for their purpose as described in 1608.2. 1015.5 Glass. Glass guardrail components shall comply with 2405.5. SECTION 1016 MEANS OF EGRESS ILLUMINATION AND SIGNS 1016.1 Means of egress illumination 1016.1.1 Illumination of means of egress shall be provid- ed in accordance with this section for every building and structure. For the purposes of this requirement, exit access shall include only designated stairs, aisles, corridors, ramps, escalators and passageways leading to an exit. For the purposes of this requirement, exit discharge shall include only designated stairs, aisles, corridors, ramps, escalators, walkways and exit passageways leading to a public way. Exceptions: 1. When approved by the building official, illumina- tion of means of egress shall not be required in industrial and storage occupancies that are occu- pied only during daylight hours, with skylights or windows arranged to provide the required level of illumination on all portions of the means of egress during these hours. 2. Assembly occupancy private party tents of 1200 sq ft or less shall not be required to provide illu- mination of means of egress. 3. Open structures shall not be required to provide illumination of means of egress. 4. Towers occupied by not more than three persons shall not be required to provide illumination of means of egress. 1016.1.2 Illumination of means of egress shall be contin- uous during the time that the conditions of occupancy require that the means of egress be available for use. Artificial lighting shall be employed at such places and fog such periods of time as required to maintain the illumina~ lion to the minimum criteria values herein specified. Exception: Automatic motion sensor-type lighting switches shall be permitted within the means of egress provided that switch controllers are equipped for fail safe operation, illumination timers are set for a mini io.ts ATTACHMENT B MAY 24, 2004 COMMISSION MEETING ,~""'' MEMORANDUM May 17, 2004 TO: The Honorable Mayor and Members of the City Commis FROM: Jim Hansor3;.Ci SUBJECT: City Manager's Report Beach Renourishment; Another meeting of the Beach Renourishment Committee was held on May 12, 2004 in the Jacksonville City Hall. As with previous meetings, representatives from the four cities attended as well as the Corps of Engineers, the Chamber of Commerce, Congressman Crenshaw's office and others. The Corps of Engineers reported that the design and permitting portion of the project fora 2005 renourishment is on schedule. Final testing of the off shore sand site is ongoing. Permits have yet to be obtained from the State Environmental Protection Division as well as a lease from the Federal Minerals Management Service. An alternative borrow site at the Fort George Inlet was considered, but the Corps reported that the cost would be double for getting the sand from that location and that environmental permitting may delay the project up to a year. Kevin Bodge complimented the Corps of Engineers on their recent work in keeping the project on schedule. Plans and specifications are expected to be completed in October of 2004. If federal funds can be received in November of 2004 then the contract can be advertised during December with a tentative award date in March of 2005. The Corps anticipates the completion of the project by August of 2005. The biggest possible impediment to a successfu12005 project remains federal funding. Congressman Crenshaw is working to get funding included for the project and sits on a couple of key committees. The federal budget will probably not be resolved until October of 2004. State and local funding appears to be largely in place and a small balance needed. Last, the City of Jacksonville has not yet issued a request for proposals for consultants to aid them in this beach renourishment project. Kevin Bodge of Olsen Engineering has been brought to the meetings by the Cities of Atlantic Beach and Jacksonville Beach, which are currently paying for his time. This may continue for several months. His cost has been under $10,000 over the last year. Overall, progress seems to be on track for a renourishment project at the beaches in Duval County in 2005. Drug Education Booklets; The Atlantic Beach Police Department has given out drug education booklets to parents and young people for several years, but the supply almost out. The booklets were printed by LAW Publications with information specific to Atlantic Beach. The costs have been paid by sponsorships from local businesses, whose names appear in the booklets. The same company has been authorized to contact area businesses again to seek sponsorships for a new printing. When complete, the booklets will continue to be used for community awareness and drug education programs. Copies of the old booklet will be distributed with the agenda packet.