05-12-03 vS CITY OF ATLANTIC BEACH
COMMISSION MEETING
May 12, 2003
AGENDA
Call to order
Invocation and pledge to the flag
Approve minutes of the Regular Commission meeting of Apri128, .2003
2. Courtesy of Floor to Visitors
A. Presentation of a Proclamation declaring the Week of May 18-24, 2003 as
Public Works Week in Atlantic Beach
3. Unfinished Business from Previous Meetings
A. City Manager's follow up report on issues from previous meetings
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 RECOM-
MENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE
ITEMS
A. Acknowledge receipt of the following reports for the month of May: Public Works
project status report, new Occupational Licenses, and Utility Sales (City Manager)
5. Committee Reports
6. Action on Resolutions
A. Public Hearing and adoption of Resolution No. 03-04
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH, THE CITY OF
JACKSONVILLE, THE TOWN OF BALDWIN, THE CITY OF JACKSONVILLE
BEACH, THE CITY OF NEPTUNE BEACH (THE CITIES) AND THE DUVAL COUNTY
SCHOOL BOARD TO COORDINATE THE PLANNING, LOCATION, DEVELOPMENT
AND USE OF SCHOOL BOARD FACILITIES THROUGHOUT DUVAL COUNTY, AND
PROVIDING AN EFFECTIVE DATE
7. Action on Ordinances
A. Ordinance No. 90-03-182 Public Hearing and Finai Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,
STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-OI-172, CHAPTER 24,
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS,
SPECIFICALLY TO AMEND ARTICLE IV, SUBDIVISION REGULATIONS,
PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE.
*Agenda was amended to add items 8G and 8H
B. Ordinance No. 95-03-84 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 13 OF THE CODE OF ORDINANCES, OFFENSES, BY ADDING A NEW
SECTION PROHIBITING AGGRESSIVE SOLICITATION, AND PROVIDING AN
EFFECTIVE DATE
8. Miscellaneous Business
A. Discussion and possible action regarding twice-per-week trash collection
(Comm. Parsons)
B. Discussion and possible action regarding inspection of rental properties (Comm.
Waters)
C. Action on a request from B & K Property Management and Development, Inc. for a
waiver from the sign regulations in conjunction with redevelopment of a commercial
property, generally located at 1487 Mayport Road (City Manager)
D. Authorize the Mayor to sign all associated paperwork for the application and
administration of the 2003/04 Atlantic Beach share of the Edward Byrne grant and
Local Law Enforcement Assistance Formula Grant (City Manager)
E. Discussion and possible action on a petition for construction of speed bumps on 10`"
Street (City Manager)
F. Action on the recommendations of the Police Department regarding the disposition
of property (City Manager)
*G. Approve Change Order No. 1 in the Church Road roadway and water
* improvements projects in the amount of $11,816.00 (City Manager)
H. Approve Change Order No. 1 in the Dcwees/Coquina/ShelUCoral drainage and
paving project in the amount of $12,417.29 (City Manager)
9. City Manager
A. City Manager's report
10. Reports and/or requests from City Commissioners and City Attorney
Adjournment
If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any
meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be
based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City
Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission
Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the
City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities
needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, May 9,
2003.
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MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACIi CITY COMMISSION FIELD IN CITY HALL, 800 SEMINOLE
ROAD AT 7:15 P.M. ON MONDAY, MAY 12, 2003
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tem
Mike Borno
Paul Parsons
Dezmond Waters, Commissioners
AND: James Hanson, City Manager
Maureen King, City Clerk
Alan C. Jensen, City Attorney
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.
1. Approval of the minutes of the Regular Commission meeting
• of Apri128, 2003
Motion: Approve the minutes of the Regular Commission
Meeting of April 28, 2003 as presented.
The motion carried unanimously.
Commissioner Beaver entered the meeting at 7:20 p.m.
2. Courtesy of the Floor to Visitors
A. Presentation of a Proclamation declaring the Week of May
18-24, 2003 as Public Works Week in Atlantic Beach
Mayor Meserve read the proclamation in its entirety and presented the
document to Public Works Director Kosoy for display at the Public
Works building.
Public Works Director Kosoy thanked the Mayor and stated that the
proclamation was dedicated to Troy Williams, athirty-three year
employee of the department who passed away recently.
James McCue of 420 South Third Street, Jacksonville Beach, Kelly
Erhayel, owner of the 1487 Mayport Road property, and Randy
Ginzig, owner of Beach Neon and Sign Company located in Atlantic
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May 12, 2003
Beach, addressed the City Commission regarding the waiver to the sign
ordinance requested by the developer of property located at 1487
Mayport Road (Item 8C). They felt the city's sign ordinance limiting the
height of signs to 8 feet, was too restrictive to properly advertise the
potential twenty-seven tenants on a lot with 700' of frontage. They
urged the City Commission to approve the installation of the requested
30-ft. sign. A drawing of the proposed sign was displayed.
Bob Totter of 275 11`" Street commented on the following: (1)
Opposed additional trash pick proposed in Item 8A, (2) Supported
approval of the larger sign requested in Item 8C, and (3) Believed the
city should not increase its water and sewer rates to pay the franchise fee
imposed by the City of Jacksonville. He felt the citizens of Atlantic
Beach would be better served if the millage rate was increased by one
mill to cover increased costs.
Alan Potter of 374 Second Street stated that he was opposed to the
city's proposed water rate restructuring and reiterated his previous
position that the St. Johns River Water Management District (SJRWMD)
had no authority to make the city adopt water conservation rates. Mr.
Potter believed the Aquatic Gardens drainage problem would not be
resolved by constructing retention ponds. He felt a larger culvert
installed at the Publix Shopping Center would solve the problems since
the existing culvert was too small and installed at too high of an
elevation.
Sally Clemens of 1638 Park Terrace West spoke in opposition to the
following: (1) City inspections of rental properties, (2) The use of golf
carts on city streets, (3) ABET's request for a ten year lease agreement to
use the Adele Grage Cultural Center, and (4) Additional trash collection.
J.P. Marchioli of 414 Sherry Drive commented on the following: (1)
Speeding on Sherry Drive and suggested the installation of a traffic light
at Sherry Drive and Atlantic Boulevard, (2) Agreed with the comments
made by Messrs. Totter and Potter, (3) Opposed additional trash
collection, (4) Believed the sign (Item 8C) should have legible street
address numbers to make finding the businesses easier, and (5) Favored
the placement of speed bumps on 10`" Street if they were the same size as
those on Plaza.
Dorothy Kerber of 365 Second Street commented on the following:
(1) Felt a second trash pick up was unnecessary, (2) Also favored an
increased millage rate to cover the costs for water/sewer service, and (3)
Stated she liked the language of an ordinance being proposed in Neptune
Beach which provided for the eviction of tenants due to noise
• complaints.
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May 12, 2003
Don Remley of 1309 Violet Street felt the problem concerning trash
• pickup would be resolved if the residents were better informed
regarding the pick up schedule.
3. Unfinished Business from Previous Meetings
A. City Manager's follow-up report on issues from previous
meetings
In addition to his written report, which is attached and made part of this
official record as Attachment A, City Manager Hanson reported on the
following items:
Fence at 1605 Beach Avenue
It was reported that the fence shown as an illustration during a
presentation at the previous meeting was properly permitted and
installed.
Public Input Article for the Tideviervs Newsletter
City Manager Hanson reported that as requested during the previous
meeting, he had written an article for the newsletter concerning public
input at Commission Meetings and included it with his report.
Ocean Boulevard Waterline Installation and Compaction
It was reported that the waterline compaction on Ocean Boulevard had
passed inspection with a 98 -100% compaction rate.
4. Consent Agenda
A. Acknowledge receipt of the following reports for the
month of May: Public Works project status report, new
Occupational Licenses and Utility Sales (City Manager)
Motion: Approve Consent Agenda Item A as presented.
There was no discussion and the motion carried unanimously.
5. Committee Reports:
There were no Committee Reports.
6. Action on Resolutions:
A. Public Hearing and Adoption of Resolution No. 03-04
• A RESOLUTION AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN
THE CITY OF ATLANTIC BEACH, THE CITY OF
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May 12, 2003
JACKSONVILLE, THE TOWN OF BALDWIN, THE CITY
OF JACKSONVILLE BEACH, THE CITY OF NEPTUNE
BEACH (THE CITIES) AND THE DUVAL COUNTY
SCHOOL BOARD TO COORDINATE THE PLANNING,
LOCATION, DEVELOPMENT AND USE OF SCHOOL
BOARD FACILITIES THROUGFIOUT DUVAL COUNTY,
AND PROVIDING AN EFFECTIVE DATE
Mayor Meserve read the resolution by title only.
Motion: Approve Resolution No. 03-04.
Mayor Mesere opened the floor for a public hearing. J.P.
Marchioli of 414 Sherry Drive felt the resolution was ineffectual
and opposed its approval. No one else spoke and the Mayor closed
the public hearing.
Commissioner Waters referenced Page 5 of the Resolution and
commented that the City of Pembroke Pines, with their Joint
Planning Committee, had successfully built a charter school.
There was no discussion and the motion carried unanimously.
7. Action on Ordinances:
A. Ordinance No. 90-03-182 Pu61ic Hear
AN ORDINANCE OF THE CITY OI'
COUNTY OF DUVAL, STATE OF t
ORDINANCE NUMBER 90-01-172,
SUBDIVISION AND LAND DEVEL
REGULATIONS, SPECIFICALLY T
IV, SUBDIVISION REGULATIONS
RECORDATION AND PROVIDING
DATE
The Mayor read the ordinance by title only.
ing & Final Reading
ATLANTIC BEACH,
FLORIDA, AMENDING
CHAPTER 24, ZONING,
OPMENT
O AMEND ARTICLE
PROVIDING FOR
AN EFFECTIVE
Motion: Approve Ordinance No. 20-03-59 on final
reading.
Mayor Meserve opened the floor for a public hearing. No one spoke
for or against the ordinance, and the Mayor closed the public
hearing.
Commissioner Waters commented that he was not in favor of
Planned Unit Developments (PUD's). He referenced Section 24-
222 of the ordinance and inquired as to how a PUD met the
requirements of the Subdivision Regulations. Community
Development Director Doerr stated that it must meet the
requirements for streets, rights-of--way, and platting. She pointed
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May 12, 2003
out that Planned Unit Developments were regulated under Article
III, Division 6 of Chapter 24.
Commissioner Borno inquired if the changes addressed the splitting
of existing lots by property owners. Ms. Doerr stated that this issue
was addressed and she explained the replatting requirements. She
said the local realtors and title attorneys would be notified of the
change.
There was no further discussion and the motion carried
unanimously.
B. Ordinance No. 95-03-84 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 13 OF THE CODE OF
ORDINANCES, OFFENSES, BY ADDING A NEW
SECTION PROHIBITING AGGRESSIVE SOLICITATION,
AND PROVIDING AN EFFCTIVE DATE
Mayor Meserve read the ordinance by title only and stated that the
public hearing and final reading would be held on May 27, 2003.
Motion: Approve Ordinance No. 95-03-84 on first
reading.
Commissioner Borno inquired if the penalties were strong enough to
be a deterrent for this type of offense. Chief Thompson pointed out
that in addition to fines, the ordinance provided for imprisonment.
He indicated he would check with the other beach cities concerning
their penalties.
Mayor Meserve inquired if the Homeless Coalition had reviewed the
ordinance. Chief Thompson indicated that they had no problem
with the ordinance since panhandlers were not always homeless
people.
Discussion of the enforcement procedure of the ordinance ensued.
There was no more discussion and the motion carried unanimously.
8. Miscellaneous Business:
A. Discussion and possible action regarding twice-per-week
trash collection (Commissioner Parsons)
• Commissioner Parsons explained his reasons for requesting the
additional service.
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May 12, 2003
Motion: Begin working with BFI toward twice a week
• pick up of yard trash five months of the year. (The five
busiest months of the year were determined to be March,
April, May, September and October).
The pros and cons of twice a week pick up were discussed.
Commissioner Borno believed it was the residents' responsibility to
educate themselves concerning the schedule and the quantity of yard
trash that would be picked up by the City's contractor.
Commissioners Borno and Beaver and Mayor Meserve felt the
current level of service met the needs of the community.
Commissioner Waters complimented BFI for the good service they
provide to the city.
Commissioner Parsons suggested that the citizens be reminded of
the yard trash pick up schedule and the proper placement of trash for
pick up.
There was no further discussion and the motion failed by a two to
three vote with Commissioners Parsons and Waters voting aye and
Commissioners Beaver and Borno and Mayor Meserve voting nay.
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B. Discussion and possible action regarding inspection of
rental properties (Commissioner Waters)
Motion: Task the City Attorney to provide in writing a
summary of existing Florida ordinances that cover one or
more of the areas of regulation, monitoring, and
inspection of rental properties; and let him make the
Commission aware of the least intrusive way to proceed;
and then present the Commission with a detailed plan
with which to create a legal, stand-up-in-court ordinance
that speaks one, to the general welfare of the city and its
neighborhoods, and two, to the safety and well being of
those Atlantic Beach residents wlio rent. It is requested
that the written report with recommendations be
provided to the Commission by the August 25`x'
Commission Meeting.
Commissioner Waters recounted a fire that occurred at 16`h Street
and Beach Avenue, which was caused by improper wiring that had
been installed by the homeowner. Commissioner Waters stated he
would like to make rental properties safe and well maintained for
• everyone.
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May 12, 2003
Curtis Sanders, Chair of the Code Enforcement Board, distributed
• copies of information concerning deficiencies of twelve rental units
located in the city, and provided census demographics concerning
the total number of rental units in the city. Mr. Sanders urged the
City Commission to implement a program to inspect rental
properties and indicated that eleven cities and one county in Florida
have such programs.
Commissioner Beaver stated that he would favor beginning the
process with a plan that would not be too intrusive.
Mayor Meserve stated he opposed this type of regulation and
inquired as to the goal of the ordinance.
Commissioner Parsons stated that he could not support this type of
regulation since it would be too costly for the city to enforce.
Building Official Don Ford stated that current laws would provide
for inspection of rental properties under certain conditions, but he
said the City did not have enough personnel to perform the
inspections.
There was no further discussion and the motion carried by a four to
• one vote with Commissioners Beaver, Borno and Waters and Mayor
Meserve voting aye and Commissioner Parsons voting nay.
C. Action on a request from B & K Property Management
and Development, Inc. for a waiver from the sign
regulations in conjunction with redevelopment of a
commercial property, generally located at 1487 Mayport
Road (City Manager)
Motion: Deny waiver request fora 30' sign to be located
at 1487 Mayport Road.
Community Development Director Doerr explained that even
though the property had three separate addresses, it was considered
one development parcel and the sign ordinance limited the project to
one freestanding sign fronting Mayport Road that would not exceed
eighty square feet and eight feet in height.
Mayor Meserve expressed concern that the businesses to be located
on the property would have no exposure with one eight-foot sign
and would be doomed to failure. He inquired as to what could be
done to resolve the problem.
Commissioner Beaver stated that the thirt -foot hei ht of the
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requested sign was five feet taller than what was allowed under the
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May 12, 2003
old sign ordinance and he would never favor an increase above
• twenty-five feet. He further stated that if the Commissioners felt the
current ordinance was too restrictive, they should consider revising
the ordinance at a workshop, not granting variances as requested.
Commissioners Waters and Parsons agreed with Commissioner
Beaver. Discussion ensued and it was the consensus of the
Commissioners that the ordinance should be revisited to discuss
special circumstances that might merit a sign taller than eight feet.
There was no more discussion and the motion carried unanimously.
D. Authorize the Mayor to sign all associated paperwork for
the application and administration of the 2003/04
Atlantic Beacli< share of the Edward Byrne Grant and
Local Law Enforcement Assistance Formula Grant (City
Manager)
Motion: Authorize the Mayor to sign all associated
paperwork for the application and administration of the
2003/04 Atlantic Beach share of the Edward Byrne Grant
and Local Law Enforcement Assistance Formula Grant.
• There was no discussion and the motion carried unanimously.
E. Discussion and possible action on a petition for
construction of speed bumps on 10`" Street (City
Manager)
City Manager Hanson explained that the Police Department reported
that during a traffic survey conducted over an 11-day period, no
vehicles had exceeded 15 m.p.h. in the posted 20 m.p.h. speed zone
on 10`" Street between Seminole Road and East Coast Drive. He,
therefore, thought speed bumps were not warranted at this time.
Mayor Meserve suggested that a resolution be drafted stating that
the Commission would take no action on the installation of traffic
calming devices; such as speed bumps or stop signs, until the
Atlantic Beach Police and/or the Public Safety Official conducts
proper research and declares the area a "Traffic Safety Hazard Area"
where such devices could be expected to correct the situation.
Motion: Draft a resolution stating that the City
Commission will take no action on the installation of
traffic calming devices; such as speed bumps or stop
• signs, until the Atlantic Beach Police and/or the Public
Safety Official conducts proper research and declares the
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area a "Traffic Safety Hazard Area" where such
device(s) could be expected to correct the situation.
Discussion ensued and it was the consensus of the Commission that
passage of an ordinance would be more permanent.
Amendment to the motion: Change resolution to
ordinance.
Commissioner Beaver urged the citizens to be patient until normal
traffic patterns resume after completion of the Core City Project.
There was no further discussion and the motion carried unanimously.
F. Action on the recommendations of the Police Department
regarding the disposition of property (City Manager)
Motion: Approve recommendations of the Police
Department to repeal Sections 15-16,15-17,15-19,15-20,
15-21, and 15-22 of the City Code. (A copy of the memo
listing the sections of the City Code to be repealed is
attached and made part of this official record as Attachment
B).
Chief Thompson explained that repealing these sections would
eliminate problems created by the language in the City Code and
allow the prevailing State law to preserve the integrity of the
property disposition process.
Commissioner Waters suggested that a statement be placed in
Section 15 of the code indicating that Florida State Statutes would
prevail.
There was no further discussion and the motion carried
unanimously.
G. Approve Change Order No. 1 for the Church Road
roadway and water improvements project in the amount
of $11,816.00 (City Manager}
Motion: Approve Change Order No. 1 for the Church
Road roadway and water improvements project in the
amount of $11,816.00.
City Manager Hanson explained that during completion of the
paving of Church Road (now called Dutton Island Road West) it
was learned that a developer was interested in building on four lots
on the south side of the road. It was then determined that it would
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be cost effective to install sewer laterals under the roadway at this
S time so the new pavement would not have to be disturbed when the
future sewer line is installed for the development.
The motion carried unanimously.
H. Approve Change Order No. 1 in the
Dewees/Coquina/Shell/Coral drainage and paving
project in the amount of $12,417.29 (City Manager)
Motion: Approve Change Order No. 1 in the
Dewees/Coquina/ShelUCora1 drainage and paving
project in the amount of $12,417.29.
Mayor Meserve requested that staff report back as to whether or not
the widening of Dewees Avenue eliminated the problem
experienced by Paul Anderson at 1643 Beach Avenue.
There was no discussion and the motion carried unanimously.
9. City Manager
A. City Manager's Report
City Manager Hanson reported on the following items:
• Provided a status report on septic tank conversions to city
sewer service and stated he would confirm the data
concerning the deadline for conversions at the next meeting.
• Reported the city had received formal notification from the
Department of Community Affairs that the revised
Evaluation and Appraisal Report (EAR) was determined to
be sufficient and the city could proceed with revisions to the
Comprehensive Plan.
• Reported a meeting to receive public input on the design of
the proposed skate park would be held in the Commission
Chambers at 6:00 p.m. on Wednesday, May 14, 2003.
• Indicated that the artesian well feeding the pond in Howell
Park was plugged to meet the requirements of the SJRWMD
for permitting. He indicated that the pond in the park was
drying up and nearby residents were complaining that it was
becoming a muddy, breeding ground for mosquitoes.
Followin a review of the o tions su ested b the Cit
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Manager to resolve the problem, the Mayor suggested using
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• the Menzie Muck to deepen the pond, use the dirt from the
pond to repair the outside of the pond walls to stop leaks,
and install a shallow well to keep the pond from becoming
stagnant.
Discussion ensued and the Commissioners agreed with the
Mayor's suggestions.
• Utility Director Donna Kaluzniak reported concerning
approved levels of copper in effluent discharged from the
city's outfalls into the river. She indicated that as part of the
requirements to permit the operation of the city's sewage
treatment plants, the city must meet the approved criteria for
levels of copper. Mrs. Kaluzniak indicated she would be
preparing a request for proposals (RFP) for engineering
services required to accomplish the preparation of an
effluent copper mixing zone study to be submitted to the
Florida Department of Environmental Protection. She
indicated that the study would cost approximately $60,000
with the City of Neptune Beach sharing the cost.
• Chief Thompson provided background information and
reported that the city's lifeguards would be filmed by MTV
testing a student who wants to be a lifeguard and is
participating in an MTV production of "MADE".
There were no Commission objections to the lifeguards'
participation in the program.
• Recreation Director Timmy Johnson displayed asmall-scale
copy of the mural proposed by the Cultural Arts and
Recreation Advisory Committee to be painted on the Jordan
Park restroom building. The Commissioners concurred with
the proposal.
10. Reports and/or requests from City Commissioners and
City Attorney
City Attorney Jensen
City Attorney Jensen stated that under the terms of the city's
franchise agreement with the Jacksonville Electric Authority (JEA),
the JEA was responsible to pay 100% for damage caused to city
property by their subcontractors.
In 2001 a JEA subcontractor caused $45,000 worth of damage to a
city waterline and while this matter has been settled, the JEA was
again taking the position they would not be responsible for damages
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• caused by their subcontractors. Following discussion, it was
decided that if this remains their position, the City of Atlantic Beach
would require subcontractors to be bonded, have proper licensing
and insurance and obtain permits for their projects. The City
Attorney indicated he would continue to work with the JEA on this
matter.
Commissioner Beaver
• Reported that he had received information from Alice
Gartland, a former member of the Cultural Arts and
Recreation Advisory Committee, that it was too late for
ABET to apply for a grant to renovate the theater portion of
the Adele Grage Cultural Center. He provided the grant
information to the City Manager and stated that he had
offered the expertise of the city's grant people to help ABET
with the application process.
Commissioner Borno
• Inquired as to the status of the Town Center drainage project
and was informed that plans were expected to be completed
within the next few weeks. It was reported that a baffle box
would be installed on the Neptune Beach side with
maintenance costs to be shared by both cities.
Commissioner Parsons
• Reported that he had learned that emergency funding maybe
available for beach renourishment and stated he would
follow up on this matter and contact Kevin Bodge to see if
he was aware of any such funding.
• Thanked the Recreation Department for their assistance with
the recent volleyball tournament featuring the Jacksonville
Jaguars Roar Cheerleaders.
• Inquired concerning his request for increased penalties for
owners who allow their dogs to run unleashed on the beach.
City Manager Hanson stated he would have the report
completed shortly.
Commissioner Waters
• Inquired as to the status of the Atlantic Beach/Neptune
Beach Welcome sign. City Manager Hanson stated the City
of Neptune Beach officials agreed to the idea of having a
joint sign, but did not care for the conceptual design of the
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May 12, 2003
sign. He further reported that each city agreed to share the
cost of the sign and it would be included in next year's
budget.
• Inquired concerning the water usage schedule in the April
Utility Report. City Manager Hanson explained the effects
of the meter reading schedule on the report and the use of a
rolling average to determine usage.
• Inquired concerning the posting of addresses on property and
City Manager Hanson stated addresses were required to be
posted on signs.
• Inquired concerning the comments made earlier by Alan
Potter about widening the Publix culvert. City Manager
Hanson indicated the culvert was narrow and there was no
room for expansion at that site.
Mayor Mescrve
• Reported that the Mayport Road Study was on-going and
recommendations had been made concerning traffic,
bicycle paths, public safety and other issues. He indicated
good things were coming for the area.
• Reported that representatives from the Mayport Waterfront
Partnership would be meeting with officials from Wa1Mart
at 5:00 a.m. on Wednesday morning to discuss plans for a
Wa1Mart Super Store to be located at the site of the
Buccaneer Trailer Park.
• Reported that Mayor Delaney planned to issue an executive
order before he left office to guarantee funding for beach
renourishment in 2005.
• Recognized Jacksonville District 13 City Council Member
Elect, Art Graham, who was in the audience.
There being no further discussion or busin to come before the
City Commission, the Mayor declared the 'i adjourned at
10:10 p.m.
Attest: I\r/Pres'ding Officer
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MAY 12, 2003 COMMISSION MEETING
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May 6, 2003
MEMORANDUM
TO: The Honorable Mayor
and Members of the City~Commission
FROM: Jim
SUBJECT: Follow-
uirements of Water Management District for Atlantic• ]3each to Institute
Conservation Rates; A request was made at the Workshop ~~n Apri128 by a Commissioner for
additional information about the Water Management District ~ ~ (WMD) directive to implement water
conservation rates. Attached are two documents. The first is rr.~y Follow-up Report to the City
Commission dated May 20, 2002 outlining several portions c~ 1'the State code, related documents and
correspondence with the WMD. Since that time, the WMD h<<s issued the permit renewal for the
City's water production plants dated November 12, 2002. Tl~a: renewal includes the following
language;
• "Within one year of permit issuance, the permitte~• must have submitted to the District
and obtained written approval of, a revised water, ~;f:wer and irrigation meter, water
conserving rate structure."
• "Within two years of permit issuance, the permitt~ ~: must have implemented system
wide District approved water conserving rate struct~ire designed to target wasteful,
unnecessary and inefficient users."
~~
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A copy of the cover page from the November 12, 2002 permit ~~long with the page concerning
the two referenced conditions (34 and 35) are attached.
Fence Construction on Beach Avenue; At the last commissic~a meeting on Apri128`t', a citizen
requested permission from the Commission to place a fence oci city right of way on Beach
Avenue. He referred to a picture of a similar fence located at 1505 Beach Avenue that appeared
to be as close to the pavement as the one he was requesting. Commissioners asked the staff if
that fence had been properly installed and permitted. On Junc f~, 2001, the City of Atlantic
Beach issued a permit for afour-foot high fence at 1605 Beac~i Avenue The survey which was
submitted with the fence permit application shows that the pre~perty is privately owned and that a
portion of Beach Avenue actually encroaches on the private property. A copy of the survey is
attached. You can see that the edge of pavement is noted on t lle: bottom left (northwest) corner
of the property. The fence was properly permitted and is inst~~ ll ed entirely on the private
property.
AGENDA ITEM #3A
MAY 12, 2D03
• Article for Tideviews Newsletter on City Commission Protocol; Also at the last meeting, one
City Commissioner asked that an article be prepared for the Tideviews newsletter to advise the
public about the purpose of the "Courtesy Floor to Visitors" section of the City Commission
meetings. This followed a~comment that I made earlier in the meeting encouraging citizens to
call City Staff for questions, particularly if they are of a detailed nature, prior to the meetings so
that the time spent in Commission meetings could be used for public input. The article was
prepared the next day and a copy is attached. It will be included in the next edition of the
` Tideviews Newsletter.
•
AGENDA ITEM #3A
MAY 12, 2003
May 20, 2002
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Hanson
City Manager
SUBJECT: Follow-up Report
Twice Per Week Trash Collection; At the last City Commission meeting, staff was requested to
verify the contractor's price for twice per week trash collection and report back to the
Commission. The last price update the staff received from our waste hauler was in August of
last yeaz at which time we were advised that the cost to add Thursday yazd trash collection would
amount to an additional $1.86 per residential account per month. This would equate to a total
additional cost to the City of approximately $105,000 per year. As of the time of the writing of
this report, BFI has not yet confirmed that they would still provide the service at the price they
quoted last August.
State Requirements for Water Conservation Rates; One comment made at the last
Commission meeting was that the Water Management District does not the authority to require
Atlantic Beach to amend our water and wastewater rates so as to encourage water conservation.
Water conservation requirements are spelled forth in two sections of the Florida Code and further
defined in a document entitled "Water Conservation Public Supply Requirements" adopted by
reference in the Code. Based upon that authority, the Water Management District has instructed
Atlantic Beach to make amendments to the water/sewer rate structure. Specific language in each
of these is as follows:
State Code; Section 62-40.412 "Water Conservation" generally requires water distribution
companies to be as efficient as possible with potable resources and gives the District the ability
to create incentive to this end. The rule states "The District shall further accomplish this water
conservation goal by...promoting water-conserving rate structures. 62-40.412 (2) (a) 4. Another
section of the Florida Code (40C-2) "adopts by reference Parts I, II and III, and the Water
Conservation Public Supply Requirements in Appendix I of the Applicant's Handbook,
Consumptive Uses of Water, 4-10-02."
The Applicant's Handbook referenced in the previous paragraph defines what a water
conservation promoting rate structure as "a water supply utility rate structure designed. to
encourage the utility's water customers to reduce discretionary water use by providing financial
incentives to the customers to conserve water." Section 12.2.5.1(f) of the Handbook states "The
applicant must submit a written proposal and implement a water conservation promoting rate
structure, unless the applicant demonstrates that the cost of implementing such a rate structure is
not justified because it will have little or no effect on reducing water use. In the event that the
AGEn'DA ITEM ~3A
MAY 12, 2003
applicant has water conservation promoting rate structure in effect, the applicant must submit a
written assessment of whether the existing rate structure would be more effective in promoting
water conservation if it were modified, and 1f so, describe and unplement the needed changes.
Upon request, the District will assist the applicant by providing available demographic data,
computer models, and literature. In evaluating whether a proposed rate structure promotes water
conservation, the District will consider customer demographics, the potential for effectiveness,
the appropriateness to the applicant's particular circumstances, and other relevant factors. Those
permittees required to implement a water conservation rate structure must provide written
reminder notices to their customers at least twice a year of the financial incentive to conserve
water in order that the rate structure does not lose its effectiveness."
Written correspondence from the Water Management District in response to Atlantic Beach's
request for reissuance of our water withdrawal permits over the last couple of months states as
follows; "Section 12.2.5.1(f) of the Applicant's Handbook requires that the applicant implement
a water conservation. promoting rate structure unless it can be demonstrated that the cost of
implementing such a rate structure is not justified because it will have little or no effect on
reducing water use. The rate structure provided is not an acceptable conservation rate
schedule as required by CUP permit. A graduated fee schedule would encourage
conservation by users, and the additional revenue obtained from larger use consumers may be
used to enhance reserved funds for capital expenditures. The Port Orange, along with other
utilities in the District, rate schedules suggest rising rate penalties that discourage wasteful use
while holding down costs for normal-use customers. There also appears to be room to raise the
base rates without substantially exceeding rates paid in neighboring communities. Changes in
the rate structure notching up the residential base rate would allow the costs of implementing
reuse to be more equitably spread among all affected parties in the water jurisdiction. The
elimination of irrigation meters or increased rates for potable water supplying irrigation
systems will be required to discourage the excessive waste that these meter holders exhibit.
Please submit a program and schedule for revising the City's water/sewer/reclaimed/irrigation
meter water rates to make it consistent with the goals of 40C-2."
Sherry Drive Traffic Volumes; Someone reported at a recent Commission meeting that they
understood the Police Department to tell them that Sherry Drive had approximately 16,000 cars
per day. That number is incorrect. The last time the Police Department checked traffic volumes
on the streets, the daily traffic average between 3,000 and 4,000 cars per day.
Portable Rubber Sneed Bumns; It was requested that staff look into the possibility of requiring
moveable rubber speed bumps that could be used in various locations of Atlantic Beach.
Attached for your information is a memo from David Thompson on this subject dated 5/15/02.
•
AGENDA ITEM #3A
MAY 12, 2003
PERMIT NO. 810
PROJECT NAME: Atlantic Beach
A PERMIT AUTHORIZING:
DATE ISSUED: November 12, 2002
The District authorizes the use, as limited by the attached conditions, of 1,334.81 million gallons
per year (mgy) (3.657 million gallons per day (mgd) average) of ground water from the Floridan
aquifer for household, commerciaVindustrial, unaccounted for water use and water utility use,
15.0 million gallons per year (.041 million gallons per day (mgd) average) of ground water from
the intermediate aquifer for wetland enhancement/creation, and 13.0 million gallons per day
maximum of ground water from the Floridan aquifer for essential use (fire protection only).
LOCATION:
Site: Atlantic Beach
Duval County ~ .
Section(s): 6, 7, 8, 17, 18, Township(s): 2S Range(s): 29E
37
ISSUED TO:
City of Atlantic Beach
800 Seminole Rd
Atlantic Beach, FL 32233
Permittee agrees to hold and save the St. Johns River Water Management District and its
successors harmless from any and all damages, claims, or liabilities which may arise from
permit issuance. Said application, including all maps and specifications attached thereto, is by
reference made a part hereof.
This permit does not convey to permittee any property rights nor any rights of privileges other
than those specified herein, nor relieve the permittee from complying with any law, regulation or
requirement affecting the rights of other bodies or agencies. All structures and works installed
by permittee hereunder shall remain the property of the permittee.
This permit may be revoked, modified or transferred at any time pursuant to the appropriate
provisions of Chapter 373, Florida Statutes and 40C-1, Florida Administrative Code.
PERMIT IS CONDITIONED UPON:
See conditions on attached "Exhibit A", dated November 12, 2002
AUTHORIZED BY: St. Johns River Water Management District
Depart nt of Resource Management
By: By: ~ 1
H rold A. ilkenin III Ki y B. Green, III
Dire for Ex cutive Director
AGENDA ITEM #3A
MAY 12, 2003
12-month period from January 1St through December 31St and must be submitted to the
District by February 15th of each year following the previously audited period. If unaccounted
for water losses exceed 10%, the permittee must perform the following:
a. a leak detection/leak identification ro ram must be initiated within 30-da s of the 10%
P 9 Y
exceedance, in order to determine the source of the water losses. A detailed schedule for
leak repair must be submitted to the District within 30-days of audit completion;
b. A meter survey must be initiated to identify unaccounted for use due to meter
inaccuracy. A proposal to replace/repair inaccurate meters must be submitted to the District
within 30 days of audit completion;
c. Initiate an evaluation to identify unmonitored water use and get such uses metered.
30. Within 6 months of permit issuance, the permittee must have ceased using and abandoned,
in accordance with section 40C-3.531, Florida Administrative Code, Howell Park Well 5.
31. Within one year of permit issuance, the permittee must have abandoned Floridan aquifer
well AB WWTP-well 2 (GRS ID 6377) in accordance with section 40C-3.531, Florida
Administrative Code.
32. Within 3 years of permit issuance, Buccaneer WTP 4, wells 1N and 2S must be relined or
abandoned in accordance with the well construction specifications outlined in Chapter 40C-
3, Florida Administrative Code.
33. Prior to putting into service Buccaneer WTP 4 -well 6S (GRS ID 6384) or Atlantic Beach
WWTP well 2R (GRS ID 35064), the permittee must submit to the District and obtain written
approval of the results of the aquifer testing program (downhole water quality testing during
construction, constant rate discharge test and drawdown evaluation) in accordance with
Attachment C of the permittee's submittal dated May 1, 2002. District staff in the
Jacksonville Service Center must be contacted at least one week prior to performing the
constant rate discharge test.
,~-----~- 34. Within one year of permit issuance, the permittee must have submitted to the District and
obtain written approval of, a revised water, sewer and irrigation meter, water conserving rate
structure.
~ -~35. W ithin 2 years of permit issuance, the permittee must have implemented system-wide
District approved water conserving rate structure designed to target wasteful, unnecessary
and inefficient users.
36. Within 6 month of permit issuance, the permittee must be making available a combination of
at least 3 of the following for permit duration:
a. Quarterly bill stuffers advising the customer of water conserving tips
b. Quarterly mail-outs (independent of billing cycle),
c. Water Conservation postings in each of the COAB news letters,
d. Addition of water conserving tips to the permittee's customer web-site postings
e. Water conservation literature visibly available to the public in the water-sewer bill-paying
office
37. The Permittee must collect a water quality sample from Floridan aquifer Wells AB WTP 1-
well 1(GRS ID 6376), AB WWTP 1-well 2(GRS ID 6377), AB WTP 2- well 3(GRS ID 6374),
AB WTP 2-well 5 (GRS ID 6378), Buc WTP 4-well 4 1 N (GRS ID 6379), Buc WTP 4-well 2S
(GRS ID 6380), Buc WTP 3-well 3W (GRS ID 6381), Buc WTP 3-well 4E (GRS ID 6382),
Buc WTP 3-well 5N(GRS ID 6383), Buc WTP 3-well 6s(GRS ID 6384),) in May and
November of each year for permit duration and have each of the samples analyzed for the
following:
Chlorides Total Iron
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AGENDA ITEAZ #3A
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AGENDA ITEM #3A
MAY 12, 2003
•
Article for Tideviews
Commission Meetings Provide Opportunity for
Public Input
One of the most important principles of a democratic government is input from citizens.
Elections are one form of input. In Atlantic Beach the City Commission meetings provide
another opportunity for input. They are held on the 2"d and 4`}' Mondays of each month at 7:15pm
in the Commission Chambers. The agendas always provide for "Courtesy of Floor to Visitors"
where citizens and others can present their ideas, comments and concerns about any projects or
services that the City may be involved in. This not only includes any item that may be on the
agenda for the meeting that night, but other City activities as well.
There is a lot going on in Atlantic Beach and the Commission meetings sometimes last late into
the evening. The public input portion is put at the front of the agenda so people won't have to sit
through a long meeting, although everyone is welcome to do so. People are requested to limit
their comments to five minutes.
The Commission cannot take action on an item unless it is on the current agenda or declared an
emergency. Many of the items brought up by citizens also require some research by staff.
Consequently, the Commission is seldom in a position to make decisions on items brought to
their attention for the first time that night, and must wait until a later meeting.
An important responsibility of citizens in a democratic community is to be aware of what is
going on in your City. Reading the newspapers and the Tideviews newsletter are important
sources of information. Since it is not always possible for City Commissioners or staffto answer
questions during Commission meetings, if you have a particular interest in a subject and want to
have input with the City Commission, it is often helpful to "do your homework" and get answers
from City staff before coming to the meeting so that your limited time during the meeting can be
focused on expressing your views rather than getting educated. Got a question? Ca11247-5800
for general information or feel free to call any city staff member directly if you know who is
responsible for that project or service. The City's web page is another source of information.
You can find it at http://www.ci.atlantic-beach.fl.us.
Of course everyone is welcome at the City Commission meetings even if you don't have a
particular concern to express. We hope to see you there!
~J
~_
A~iAY 12, Luua
May 6, 2003
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Hans
ity anager
SUBJECT: City Mana 'er's Report
Septic Tank Conversions to City Sewer Service and Deadlines for Remaining Conversions;
Since the City Commission adopted the septic tank conversion policies offering financial incentives for
conversion to City sewer and deadlines for meeting the state law requiring conversion, the number of
septic tanks in the city that have sewer service available has dropped from 279 to 184. Twenty-nine of
those utilized city financing and 44 were done by the owners without any city assistance. Seven more
were converted using Community Development Block Grant Funds. The deadline for conversion for
homes that aze not presently under any city assessments is May 22, 2005. Three areas currently have
assessments and the deadlines for conversion for those range from December 2007 until December f
2012. See the attached summary of septic tank conversions dated 4/22/03 for additional information.
State Approval of EAR Report; The.City has now received formal notification from the
Department of Community Affairs that the revised Evaluation and Appraisal Report (EAR) has
been determined to be sufficient. The City may now begin the process to prepare the EAR based
amendments to the Comprehensive Plan in accordance with Chapter 163.3187, Florida Statues. A
request for proposals is being prepazed to seek assistance with. the more technical elements of the Pli
particularly the transportation and coastal management/conservationportiops.
AGENDA ITEM #9A
'~ MAY 12, 2003
City of Atlantic Beach
Septic Tank Customers Summary
As of 4!22/03
04/22/03
Year 2001 2002 2003
Original # of Residents to Convert 279 204 187
Conversions by Owner 26 15 3
CDBG Conversions 7 0 0
City Financed Conversions ~ 27 2 0
Sewer Not Available 16 0 0
203 187 184
Note 1: In 2002 added 1611 Main St,deleted duplicate 1496 Camelia St & split
1646-1648 Main St into 2 locations
Note 2: Resident # 74, Donald Wolfson, signed sewer conversion financing
agreements in 07/01 & has not converted to city sewer
Areas not under assessment: May 22, 2005
Ocean Grove Area: December 2007
Beach Avenue Area: May 2011
Marsh Oaks Area: December 2012
•
f:lseptic tanklSeptic Tank Customers
]EB eUSH
Governor
May 1, 2003
•
Mr. James A. Hanson, City Manager
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 322333-5445
STATE OF FLORIDA
AGENDA ITEA~I #9A
MAY 12, 2003
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida abetter place to cal! home"
RE: City of Atlantic Beach Adopted Evaluation and Appraisal Report
Resolution No. 03-03
Dear Mr. Hanson:
COLLEEN CASTILLE
Secretary
I am pleased to inform you that the Department has completed its preliminary and final review of the
adopted Revised Evaluation and Appraisal Report (EAR) for the City of Atlantic Beach, adopted by Resolution No.
03-03 on February 24, 2003, and has determined that the EAR is sufficient, as defined in Subsection 163.3191(7),
Florida Statutes (F.S.). The City of Atlantic Beach may proceed with the adoption of plan amendments in addition
to EAR-based amendments.
Please note that a formal sufficiency determination does not constitute a compliance review of the proposed
amendments identified in the EAR. Amendments will be reviewed for consistency with Section 163, Part II, F.S.
and Rule 9J-5, Florida Administrative Code (F.A.C.), when submitted as proposed amendments.
The City's EAR-based amendment to update the comprehensive plan should be adopted within the next 18
months. The revised comprehensive plan should address the changes to the coastal high hazard area, the need for a
transportation element, adoption of the master stormwater management plan, coordination with the water
management district's regional water supply plan, and an update to the Housing Element. Amendments to the future
land use map to reflect existing development densities will need to be done in balance with consideration toward
increasing densities within the coastal high hazard area.
Department staff is available to provide any needed assistance to the City of Atlantic Beach as it prepares
EAR-based amendments. If you have any questions, please call James Stansbury, Principal Planner, at (850) 922-
1818. '~
Si a urs
H.E. "Sonny" Timmerman, Director
Division of Community Planning
ST/js
cc: Mr. Ed Lehman, Planning Duector, Northeast Florida Regional Planning Council
Ms. Sonya Doer, Planning Director, City of Atlantic Beach
2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399-2100
Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781
Internet address: http://www.dca.state.fi.us
CRITICAL STATE CONCERN FIELD OFFICE COMMUNrfI' PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNnY DEVELOPMENT
2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard
Marathon, FL 33050.2227 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 Tallahassee, FL 3239Y2100
(3051 289.2402 (850) 488-2356 (850) 413.9969 (850)488.7956
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•
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STAFF REPORT
City of Atlantic Beach
Commission Mectin;
AGENDA ITEM: Aggressive Solicitation Ordinance
DATE: May 5, 2003
~~
SUBMITTED BY: David E. Thompson, Chief ofPolice/DPS
BACKGROUND:
In March 2003, the police department submitted a staffreport relative to thr C'it ~~
Commission recommending the adoption of an ordinance to prohibit a~:~~ressive
solicitation. The City Commission directed the police department to pursue appro~riatc
language, through the City Attorney, to prohibit this conduct. With the assistance c~ l~ t hc•
City Attorney, the attached ordinance is submitted for the City Commission's action.
The purpose ofthe proposed ordinance is to prohibit aggressive behavior on the part. cif
people who are "panhandling." When panhandlers engage in ag~~ressive and thre:atenin,:,
conduct, they may create a sense of fear in law abiding citizens. Citizens may fc;el
compelled to give them money for safety reasons.
The purpose of the proposed language is to assure that panhandlers avoid hehavl~.~r~c that
may frighten or intimidate citizens into giving them money.
BUDGET: None
RECOMMENDATIONS: To review and adopt the attached ordinance nropos,a n~lati ~~„
to aggressive solicitation.
ATTACHMENTS: Staff Repgrt Dated February 2~, 200
Proposed Ordinance
•
REVIEWED BY CITY MANAGER:
ITEM NUMBER:
AGENDA ITEM #7B
MAY 12, 2003
• STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Proposed Addition to Chapter 13
DATE: ~ February 28, 2003
SUBMITTED BY: David E. Thompson, Chief of Police/DPS
BACKGROUND:
One of the strategic items identified by the City Commission was the review and update
of the city code. To that end, the Police Department has reviewed Chapter 13 of the City
Code entitled OFFENSES. This chapter is comprised of a number of ordinances dealing
with a variety of subjects including loitering, discharging. firearms and air guns, drug
paraphernalia, obscene materials, the exposure of private parts in establishments serving
alcoholic beverages, replica firearms, removing recyclable materials, flea markets, and
the juvenile curfew.
For the most part, there is no reason to alter these ordinances. None of the ordinances
have been challenged on constitutional grounds, and there does not appear to be any
• specific opposition to any of them. These ordinances are important to the Police
Department because they provide a foundation on which enforcement decisions can be
based.
There are some questions relative to the juvenile curfew, but the courts have not made a
decision that requires any change to the Atlantic Beach ordinance at this time. The City
Attorney has been tracking this issue as it proceeds through the court system.
An addition to this section of the code is being recommended by the Police Department.
The existing code has no law that prohibits "aggressive solicitation," and the Police
Department supports the addition of language to prohibit this conduct.
The Police Department has no desire or intention to limit the constitutionally protected,
free speech of individuals in public places. However, when an individual intimidates,
harasses, threatens, or creates fear in other citizens, then the behavior is unacceptable.
This is applicable to solicitation, in that soiree individuals solicit money from citizens
through the use of tactics that are aggressive and intimidating. The Police Department
recommends the adoption of a city ordinance prohibiting "aggressive solicitation."
The attached paperwork provides definitions and guidelines for addressing this problem.
BUDGET: None
AGENDA ITEM #7B
MAY 12, 2003
RECOMMENDATIONS: We recommend that the City Commission review and
comment on the attached recommendations relative to "aggressive solicitation," and
direct the City Attorney to put the language in acceptable form for adoption into Chapter
13 of the City Code.
ATTACHMENTS:
REVIEWED BY CITY MANAGER:
AGENDA ITEM NUMBER:
•
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AGENDA ITEM #7B
MAY 12, 2003
ORDINANCE NO. 95-03-84
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CIZAi''i'ER 13 OF THE CODE OF ORDINANCES,
OFFENSES, BY ADDING A NEW SECTION PROIIIBITIlVG AGGRESSIVE
SOLICITATION, AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY TFIE CITY COMIVIISSION ON BEIiALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby
amended by adding a new section to be numbered Section 13-12, which section shall read as
follows:
"Sec. 13-12. Aggressive solicitation prolubited
(a) Definitions.
(1) Aggressive manner means and includes:
(i) Intentionally or recklessly making any physical contact with or
touching another person in the course of the solicitation without the person's
• consent;
(ii) Following the person being solicited, if that conduct is: (1)
intended to or is likely to cause a reasonable person to fear imminent bodily harm or
the commission of a criminal act upon property in the person's possession; or (2) is
intended to or is reasonably likely to intimidate the person being solicited into
responding affirmatively to the solicitation;
(iii) Continuing to solicit with five (5) feet of the person being
solicited after the person has made a negative response, if continuing the solicitation
is: (1) intended to or is likely to cause a reasonable person to fear imminent bodily
harm or the commission of a criminal act upon property in the person's possession;
or (2) is intended to or is reasonably likely to intimidate the person being solicited
into responding affirmatively to the solicitation;
(iv) Intentionally or recklessly blocking the safe or free passage
of the person being solicited or requiring the person, or the driver of a vehicle, to
take evasive action to avoid physical contact with the person making the solicitation.
Acts authorized as an exercise of one's constitutional right to picket or legally
protest shall not constitute obstruction of pedestrian or vehicular traffic;
(v) Intentionally or recklessly using obscene or abusive language
• or gestures: (1)intended to or likely to cause a reasonable person to fear imminent
bodily harm or the commission of a criminal act upon property in the person's
possession; or (2) words intended to or reasonably likely to intimidate the person
being solicited into responding affirmatively to the solicitation; or
AGENDA ITEA~ #7B
MAY 12, 2003
(vi) Approaching the person being solicited in a manner that: (1)
is intended to or is likely to cause a reasonable person to fear imminent bodily harm
or the commission of a criminal act upon property in the person's possession; or (2)
is intended to or is reasonably likely to intimidate the person being solicited into
responding affirmatively to the solicitation.
(2) Automated teller machine means a device, linked to a financial
institution's account records, which is able to carry out transactions,
including, but not limited to: account transfers, deposits, cash
withdrawals, balance inquiries, and mortgage and loan payments.
(3) Automated teller machine facility means the area comprised of one
or more automatic teller machines, and any adjacent space which is
made available to banking customers after regular banking hours.
(4) Bank means any banking corporation as defined in Section 674.105,
Florida Statutes.
(5) Check cashing business means any person duly licensed by the
superintendent of banks to engage in the business of cashing checks,
drafts or money orders for consideration pursuant to the provisions
of the banlang laws. - -
(6) Paeblic area means an area to which the public or a substantial group
of persons has access, and includes, but is not limited to, alleys,
bridges, buildings, .driveways, parking lots, parks, playgrounds,
plazas, sidewalks and streets open to the general public, and the
doorways and entrances to buildings and dwelling, and the grounds
. enclosing them.
(7) Solicit means to request an immediate donation of money or other
.thing of value from another person, regardless of the solicitor's
purpose or intended use of the money or other thing of value.
(b) Prohibited Acts: It shall be unlawful for any person to solicit money
or other things of value, or to solicit the sale of goods or services:
(1) In an aggressive manner in a public area.
(2) In any public transportation vehicle, or bus station or stop;
(3) Within fifteen (15) feet of any entrance or exit of any bank or check
cashing business or with fifteen (15) feet of any automated teller
machine during the hours of operation of such bank, automated teller
machine or check cashing business without the consent of the owner
AGENDA ITEM #7B
MAY 12, 2003
•
or other person legally in possession of such facilities. Provided,
however, that when an automated teller machine is located within an
automated teller.machine facility, such distance shall be measured
from the entrance or exit of the automated teller machine facility;
(4) On private property. if the owner, tenant, or lawful occupant has
asked the person not to solicit on the property, or has posed a sign
clearly indicating that solicitations are not welcome on the property;
or
(5) From any operator of a motor vehicle that is in traffic on a public
street, whether in exchange for cleaning the vehicle's windows, or
for blocking, occupying, or reserving~a public parking space, or
directing the occupant to a public parking space; provided,
however, that this paragraph shall not apply to services rendered in
connection with emergency.repairs requested by the operator or
passengers of such vehicle.
~J
(c) Penalties: Any person violating a provision of this section shall be
guilty of an offense and shall upon conviction and adjudication of guilt be punished
as follows:
(1) For a first offense, by a fine of not more than twenty-five ($25.00)
or by imprisonment of not more than (10) days or by community service of
not less than fifty (50) hours; and
(2) For a second and subsequent offense, by a fine of not more than five
hundred dollars ($500.00) or by imprisonment of not less than
fifteen (15) days nor more than ninety (90) days or by community
service of not less than five hundred (500) hours."
SECTION 2. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this day of ,
2003.
PASSED by the City Commission on second and final reading this day of
2003.
•
AGENDA ITEM #7B
MAY 12, 2003
ATTEST:
MAUREEN KING
City Clerk
Approved as to form and correctness:
~-
ANC SEN, FSQUIItE
City At ey
JOHNS. MFSERVE
Mayor,.Presiding Officer
•