07-28-03 vCITY OF ATLANTIC BEACH
COMMISSION MI:JT•;TING JULY 28, 2003
AGENDA
Call to order
Invocation and pledge to the flag
1. Approve minutes of the Special Called Meeting and Regular Commission meeting of
Juiy 14, 2003
2. Courtesy of Floor to Visitors
A. Flag presentation by Clarence Hill and Henry Hood of the American Legion
B. Mary French, 7`'' Street Beach Access Beautification Committee
3. Unfinished Business from Previous Meetings
A. Report on Corrosiveness of City water
B. Report regarding complaints about lawn care companies operating in residential
areas
C. Report regarding beautification project at 7`~' Street beach access
D. Report regarding legal uses of fireworks and enforceability of laws pertaining
thereto
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE
ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS
A. Acknowledge receipt of the following monthly report from Public Safety
Department (City Manager)
5. Committee Reports
A. Report on Mayport Road Access Management Study (Mayor)
B. Code Enforcement Board
6. Action on Resolutions
7. Action on Ordinances
8. Miscellaneous Business
A. Authorize the City Manager to negotiate a contract with PQH Architects for an
expansion to City Hall (City Manager)
B. Approve Change Order No. 9 in the Core City Improvements Project in the
amount of $40,595.30 (City Manager)
C. Provide clarification on questions regarding the intent of Ordinance No. 5-03-42
that established terms and term limits of board and committee members (City
Manager)
D. Appointments to the Tree Conservation Board to fill two unexpired terms, one of
which expires January 31, 2004, and the other expires January 31, 2005 (City
Clerk)
9. City Manager
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, July 25, 2003.
2
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
• BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE
ROAD AT 7:15 P.M. ON MONDAY, JULY 28, 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 the Mayor was followed by the Pledge of Allegiance to the
Flag.
1. Approval of the minutes of the Special Called meeting and
Regular Commission meeting of July 14, 2003
Motion: Approve the minutes of the Special Called and
Regular Commission Meetings of July 14, 2003 as presented.
The motion carried unanimously.
2. Courtesy of the Floor to Visitors
A. Flag presentation by Clarence IIill and Henry Hood of the
American Legion
Captain Clarence Hill and Commander Henry Hood of American Legion
Post #316 presented the city with a Corporate Blue Star Banner flag
recognizing the city's support of active duty forces.
Captain Hill also read a letter from the American Legion Post
Commander supporting the city's efforts to establish a Veterans
Memorial Park on land adjacent to the American Legion Post.
B. Mary French, 7`~' Street Beacli Access Beautification
Committee
Mary French, Chair of the 7`h Street Beach Access Beautification
Committee, read a letter responding to the objections to the project raised
v v
0 0
T T
E E
s S
M S
O E
T C
1 O Y
O N E N
N D S O
COMMISSIONERS
BEAVER X
BORNO X X
PARSONS X X
WATERS X
MESERVE X
Minutes Page -2-
July 28, 2003
at the previous meeting. A copy of the letter is attached and made part of
this official record as Attachment A.
J.P. Marchioli of 414 Sherry Drive reported on an accident he believed
was caused by speeding, which occurred on Sherry Drive and damaged
his car parked in his driveway.
Mr. Marchioli commented on the lack of directional signs indicating the
location of the city's parks
Richard Allen of 320 8`" Street felt the 7`~' Street Beautification Project
was an attempt to limit the public's use of the access. He indicated that
if a shower could not be installed at the access, he would pay for the
installation of a spigot, on the condition that the city removed the plants
obstructing the public's use of the grassy strip along the fence.
James Hill of 372 7`~' Street believed a compromise solution should be
reached that would benefit the greatest number of people, without being
inconsiderate of the residents living next to the access.
Mr. Hill stated that he had noticed a design flaw in the sidewalk on the
east side of Sherry Drive that directs people riding bicycles into the street
at intersections, and requested that this matter be addressed.
w
Michael Catrett of 337 7 Street stated that he had his bicycle stolen at
the 7`h Street access and requested that a bike rack be installed. He also
indicated that the plantings at the access made it difficult for his mother-
in-law, who had hip replacement surgery, to walk down and view the
ocean.
David Herrold of 659 Sherry Drive believed problems occurred when
people using the access leaned their bicycles against the Le Chateau
fence. He felt installing a bike rack and reconfiguring the area would
resolve this issue.
3. Unfinished Business from Previous Meetings
A. Report on Corrosiveness of City Water
Utility Director Kaluzniak presented data demonstrating that the city's
water, after treatment, was not corrosive. The data, included in her Staff
Report, is attached and made part of this official record as Attachment
B.
Building Official Ford cited several causes for household plumbing
corrosion and indicated that in the past fifteen years, approximately 50%
the older household waterlines in the city had been replaced with PVC
OMMISSIONERS M
O
T
[
O
N S
E
C
0
N
D
Y
E
S
N
O
Minutes Page -3-
July 28, 2003
pipe and would not corrode. A list of the causes of household plumbing
corrosion is included in the report.
B. Report regarding complaints about Lawn Care Companies
operating in residential areas
City Manager Hanson reviewed Code Enforcement Officer Sherrer's
report with the Commissioners. The report is attached and made part of
this official record as Attachment C.
It was noted that twenty-five Home Occupational Lawn Care Businesses
were licensed with the city, and only four violation notices concerning
their operation had been issued in the past four years. The
Commissioners agreed that the complaint received by Commissioner
Parsons was an isolated case and no additional restrictions should be
imposed.
C. Report regarding Beautification Project at 7~~' Street Beach
Access
Parks and Recreation Director Johnson provided background information
concerning the beautification project and displayed photographs of the
access site. He indicated that the citizens who spoke at the previous
meeting had requested that a shower, bike rack and bench be installed at
the access. He indicated that there was not enough room m the 8-1/2'
space to put a shower, but with the removal and relocation of a few
plants, the bench and bike rack could be installed.
Commissioner Borno inquired if water was available at the site. Mr.
Johnson indicated that irrigation for the new landscaping was provided
by Le Chateau Condominiums.
Discussion ensued regarding installing a shower and Commissioner
Borno requested that staff investigate the possibility of installing a water
line and smaller vandal-proof shower at the northeast end of the access.
It was the consensus of the Commissioners to relocate the plants and
install a bench and bike rack at this time.
D. Report regarding legal uses of fireworks and enforceability of
laws pertaining thereto
Chief Thompson presented his report relative to the sale of fireworks
allowed under Florida Statute 791 and the loophole in the law, which
allowed customers to purchase high-powered fireworks by signing a
form stating the fireworks would be used for agricultural pest control.
OMMISSIONERS M
0
T
1
O
N S
E
C
O
N
D
Y
E
S
N
O
Minutes Page -4-
July 28, 2003
Commissioner Borno suggested that the city contact the other beach
cities to see if they would join with the City of Atlantic Beach to lobby
the legislature to rewrite the law to eliminate the loophole. He indicated
he would bring this matter up at the League of Cities Conference he
would be attending next month.
Commissioner Beaver suggested the matter be brought up at a Mayors'
meeting to try and get a joint resolution from the four mayors supporting
changing the law.
Commissioner Waters reiterated his position that the City of Atlantic
Beach should provide assistance to help finance the Jacksonville Beach
Independence Day fireworks display.
Acreage of Flyover Parks
City Manager Hanson responded to an inquiry concerning the size of the
parks to be located by the flyover, and stated that one-third of an acre
would be used for the Veterans' Memorial Park and 1.1G acres would be
used for the children's playground.
4. Consent Agenda
A. Acknowledge receipt of the monthly report from Public
Safety Department
Motion: Approve Consent Agenda Item A as presented.
There was no discussion and the motion carried unanimously.
5. Committee Reports:
A. Report on Mayport Road Access Management Study
(Mayor)
Mayor Meserve reported that a final written report would be
completed in the next few months, and would include
recommendations for improving pedestrian and automobile safety, a
bike path and landscaped median strips. Mayor Meserve pointed
out that the information included in the report was based on detailed
studies conducted by the consulting firm. He indicated that the
citizens and business owners wanted the improvements and as the
project progressed, the city would go back to the FDOT and ask
them to reduce the speed limit on Mayport Road.
Mayor Meserve indicated that after completion of final report, there
would be additional public hearings.
OMMISSIONERS M
O
T
1
O
N S
E
C
O
N
D
Y
E
S
N
O
Minutes Page -5-
July 28, 2003
B. Code Enforcement Board
Curtis Sanders, Chair of the Code Enforcement Board, displayed an
organizational chart of the Board and provided information on the
Board's jurisdiction and authority, the duties of the Code
Enforcement Officer and statistical data on violations occurring
within the city.
Mr. Sanders stated he was speaking as a resident of the city, and
requested Commission consideration to amend the current ordinance
regulating lot mowing to require the mowing and removal of
underbrush on all vacant lots in the city.
A question and answer session followed the presentation.
Commissioner Waters inquired concerning repeat offenders relative
to parking of boats and/or recreational vehicles in front yards.
Code Enforcement Officer Sherrer explained that after notifying the
owner of the violation, if the violation is not corrected a final notice
is sent to the violators indicating that vehicles would be towed if
there were future violations.
Action on Resolutions:
7. Acton on Ordinances:
8. Miscellaneous Business:
A. Authorize the City Manager to negotiate a contract with
PQH Architects for an expansion of City Hall
Motion: Authorize the City Manager to negotiate a contract
with PQH Architects for an expansion of City Halt.
Building Official Ford distributed a sample matrix to the Commissioners
illustrating the procedure used to rank the nine architectural firms that
had submitted proposals.
Commissioner Borno inquired if the architects would bring conceptual
drawings to the Commission and Building Official Ford indicated they
would bring several ideas to the Commission before completing a
detailed design.
Commissioner Waters suggested that the building be expanded upward
to save valuable park space.
There was no further discussion and the motion carried unanimously.
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
BEAVER X
BORNO X
PARSONS X X
WATERS X X
MESERVE X
Minutes Page -6-
July 28, 2003
B. Approve Change Order No. 9 in the Core City Improvements
Project in the amount of $40,595.30 (City Manager)
Motion: Approve Change Order No. 9 in the Core City
Improvements Project in the amount of $40,595.30.
There was no discussion and the motion carried unanimously.
C. Provide clarification on questions regarding the intent of
Ordinance No. OS-03-42 that established terms and term
limits of Board and Committee Members (City Manager)
Mayor Meserve indicated that staff s interpretation of the Commission's
intent was correct as listed in the submitted staff report. The
Commissioners concurred with the Mayor's response. The staff report is
attached and made part of this official record as Attachment D.
D. Appointments to the Tree Conservation Board to fill t•vo
unexpired terms, one of which expires January 31, 2004 and
the other expires January 31, 2005 (City Clerk)
Mayor Meserve stated that Mr. Collins had withdrawn his request to
serve on the board and nominated Charles Carroll for appointment.
Motion: Approve appointment of Charles Carroll to the Tree
Conservation Board (to fill the unexpired term ending January
31, 2004.)
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:
Emergency Repair -Buccaneer Plant
The City Manager reported that emergency repairs totaling $14,786
were made to repair a blower at the Wastewater Treatment Plant.
Budget Workshops
The City Manager reported that Budget Workshop would be held at
5:00 p.m. on August 11`" and 25`", immediately preceding the
regular Commission Meetings on those dates.
OMMISSIONERS M
O
T
I
0
N S
E
C
O
N
D
Y
E
S
N
O
BEAVER X
BORNO X X
PARSONS X
WATERS X X
MESERVE X
BEAVER X
BORNO X
PARSONS X
WATERS X X
MESERVE X X
Minutes Page -7-
July 28, 2003
Hazardous Waste Collection
i
The City Manager reported that S02 vehicles had participated in the
Household and E-Waste Collection held at the City Hall parking lot
on Saturday.
Commissioner Borno requested that another collection be scheduled
in a few months.
Town Center Project
Public Works Director Kosoy reported that the next phase of the
Town Center Project would begin soon, and included improvements
on Ocean Boulevard one block northward beginning at Ahern
Street. Photographs of the area were displayed. He reported that
the street would be widened, the palm trees moved back to
accommodate the improvements, and curb installed on the east side
of the street to align with the block south of Ahern. Drainage would
also be improved.
Mr. Kosoy further reported that the Tree Board had approved the
relocation of the trees during their July 9`" meeting, and the bid
opening for the project was scheduled for August 6`".
Commissioner Borno confirmed that the monument on the corner of
Ahern and Ocean would not be disturbed by the project.
Commissioner Waters requested that another date palm be
purchased and planted at the intersection of Ahern and Ocean for
balance and symmetry to the one presently located by the stop sign.
Commissioner Beaver inquired as to where the historic palm trees
would be relocated. Public Works Director Kosoy stated they
would be moved back from their present location when the street
was widened.
10. Reports and/or requests from City Commissioners and
City Attorney
Commissioner Beaver
• Inquired if the Town Center drainage improvement project
would eliminate the ponding by the Caribbean restaurant. Mr.
Kosoy responded that the drainage improvements were not
designed for that area.
•
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
Minutes Page -8-
July 28, 2003
Commissioner Borno
.• _
•. Reported there were fifty three turtle nests on the local beaches,
twenty-four of which were located in Atlantic Beach. Three
nests were due to hatch at any time.
• Reported that the San Pablo Overpass Committee had met, and
the twenty-five member committee would meet again on August
4`h with a goal of conducting five meetings in five weeks.
Commissioner Parsons
• Referenced a letter concerning utility billing and inquired if it
was feasible to change the city's billing cycle to accommodate
citizens going on vacation. City Manager Hanson stated he
would look into this to see the extent of the problem.
• Inquired if anything could be done to alleviate the sidewalk
problem brought up by Mr. Hill. Public Works Director Kosoy
responded that the city was aware of the problem, but in order to
correct it, the catch basins located at the intersections would
have to be relocated at a cost of approximately $54,000. He
stated he was meeting with the design engineer to discuss other
options.
• Reported there was still a problem with grate noise on 9`" Street.
• Reported that 11`'' Street west of Seminole Road, by the lift
station, needed paving. Public Works Director Kosoy stated that
portions of 7`'', 8`'', 10`'' and 11`'' Streets would be paved if
money was available from the Core City project.
Commissioner Waters
• Inquired when the decorative crosswalks on Sherry and East
Coast Drives would be completed. He was informed they would
be completed near the end of the Core City project.
• Stated the Acoustic Night at the Adele Grage Cultural Center
was well attended and inquired if the city could purchase a small
portable stage for use at such events.
• Noted that the lagoon by Selva Linkside needed to be cleaned;
however, he was aware that this was not City property.
• Commented that he enjoyed the Dutton Island article in the
Beaches Leader.
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
Minutes Page -9-
July 28, 2003
• Commented that not enough thought went into the boat parking
ordinance and he would like boats to be parked only in rear
yards. He requested that the Commission revisit the ordinance.
• Reported that property, four doors from his home had flooding
problems.
•
1
Mayor Meserve
• Reminded the Commissioner of the ground-breaking ceremony
for the Town Center Drainage Project the following morning at
10:00 a.m. He indicated that Mayor Peyton would not be in
attendance.
• Felt directional signage was a good idea and suggested a
common design for all directional signs. He requested that the
Commissioners take a look at Jacksonville Beach's new
directional signs.
• Suggested the Commission look into amending the 25'
requirement of the ordinance regulating vegetation, without
damaging wetlands or woods. Commissioner Borno suggested
the property owners be responsible for clearing their property.
There being no further discussion or
City Commission, the Mayor declarE
9:00 p.m.
Attest:
to come before the
sting adjourned at
U Jahn Meserve
ayor/Presiding Officer
Ma reen King
Certified Municipal k
'
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
~~ ~ „1 .. .,1,.,~ ,.....,. .:.i. ,.w, ,,~~ ,.. :.t.~,.E,,...~..., .. .._.. .. il~
ATTQCFiIV1EIJT A ,~„
JULV 28, 2003
•
7th Street Beach Access Beautification Committee
701 Beach avenue, Atlantic Beach, FL 32233
t
To: City Manager, Mayor, Council Members
As Chair of the 7th Street Beach Access Beautification Committee, I ~t~ave been asked
to respond to the objections recently raised by two Atlantic Beach citi ens ~la the
landscaping there. We understand they propose that sections of the installed
landscaping be removed and replaced with a shower, bicycle rack, anti benches. This
suggestion is clearly based on a lack of understanding of the history of the laroject..
A few years ago, Atlantic Beach instituted a program inviting interest~~ci citi.~ens
nearby beach accesses to form ad hoc project committees to develop a landscaping
plan with cost estimates for submission to the City for the purpose of improving the
aesthetics of the location. On approval, the committee would be authorized to collect
funds which the city would match. Several beach accesses were improved under the
plan.
The 7th Street Beach Access Beautification Committee was formed I~rst summer by
neighbors. A plan was developed and submitted to the City, which approved it in
October, 2002. It became public record; any citizens wishing to challenge it or offer
improvements or changes had ample time to do so. Contributions were solicited from
local residents, landscaping began in the spring of 2003, and is flourishing.
We trust reason will prevail and a successful community project will not be
marginalized.
Chair
7th Street Beach Access Beautification Committee
s~1 ~ ~~~~
Mary French
flli I. ~,W. ... .,..
ATTACHMENT B ,~
JULY 28, 2003
CITY OF ATLANTIC' :13~>E: A-CH
CITY COMMISSION M:I~I:TING
STAFF REPOT 7'
AGENDA ITEM: Corrosion Control in Atlantic Be~ccli Water System
SUBMITTED BY: Donna Kaluzniak, CEP, Utility Dn~e:ctor
DATE: July 21, 2003
BACKGROUND: At the July 14, 2003 Commission :hketing a concerned was raised about
the copper level noted in the water quality report and a st<<tement made that the City's water was
corrosive due to the treatment process resulting in the ~idc.ition of oxygen and incomplete
reduction of hydrogen sulfide causing the water to became. acidic, Ieading to corrosion of
residential plumbing. During a meeting with the concerned citizen and City staff, addition of
polyphosphate~to the water system was proposed as a s~~lution.
Staffcarefuliy reviewed data on the finished water (aftez treatment) from the Atlantic Beach
Water System. The data demonstrates that the water is rn~t. corrosive:
^ Copper levels: As noted in the water quality re~o:;~t, DEP's "action level" for copper,
which is the level that indicates a corrosivity pruY>lem and would require the City to take
action is 1.3 parts per million (ppm). The level ~~f copper in the Atlantic Beach system
(from samples taken at residential locations) is 0.053 ppm, well below the action level,
indicating no problem with corrosivity. None i>f't:he homes tested exceeded the action
level.
^ The_Langelier Index (L.I;~ is the most common ui~iex used to indicate the corrosiveness of
water. A negative L.I. indicates corrosive water., ~~d a positive L.I. indicates the opposite
(scale forming) water. Ideally the L.I. should be t-etween -0.5 and +.0.5, which indicates
a balanced water. Atlantic Beach's L.I. is +0. U5, indicating a balanced system on the
side of scale forming.
^ Hardness: Hardness is associated with the con~exitration of calcium and magnesium in the
water. Hard water is not corrosive, but can be tl~~; opposite (scale forming).
Atlantic Beach has very hard water, equivalent t~ 14 grains per gallon.
^ Alkalinity: Corrosivity occurs with waters that are low in alkalinity (40 ppm or less):
Alkalinity is the buffering capability of water, which means the water can resist a change in
pH. Atlantic Beach water has an alkalinity lel~el of about 140 ppm, well above the level
associated with corrosive waters.
^ ~ Corrosive waters are typically on the acid end of the pH scale. The pH scale ranges
from 0.0 to 14.0 Standard Units (S.U.), with 7.0 :~s neutral. Values under 7.0 are on the
acid end of the scale, and values over 7.0 are alkaline. The pH of the water in Atlantic
Beach averages about 7.4 and ranges from 7.1 tci 7.6 (alkaline), both at the treatment
plant and in the distribution system.
~_ ~
AGENDA ITEM #3A
JULY 28, 2003
All of the data indicates that there is no corrosion problem with the water. On the contrary, there
The Water Master Plan included an evaluation all regulatory aspects of the City's water, including
corrosivity resulting in copper problems and found no problems with the City water causing
corrosion of piping in Atlantic Beach.
may be a tendency for scale formation (a buildup of minerals on piping or equipment, especially
with high temperature waters such as in water heaters). Reducing hardness and scale formation
was discussed as an aesthetic improvement in the Water Master Plan, which recommended low
pressure reverse osmosis (LPRO) as the best solution, at a cost of $4.25 million.
There are several potential causes of household plumbing corrosion, including:
^ Improper electrical grounding (grounding of electric circuits to water pipes, which is no
longer allowed).
a Stray electrical currents from other utilities, such as cable or phone companies, who may
erroneously use water pipe for grounding.
^ Installation errors, such as inadequate de-burring of cut tubing, use of excessive or•
improper flux material, overheating joints, and failure to flush the pipe properly after
installation can cause pitting, internal weaz and tubing failure, especially near fittings.
^ Dissimilar metals joined improperlX, When two different metals such as steel and brass are
in contact with a solution which will conduct electricity, a galvanic cell is established. One
of the metals will corrode in proportion to the electricity generated. If plumbing is installed
using different metals (copper, steel, brass, zinc, and various alloys) corrosion will occur.
This happens most often when copper lines touch steel wall studs, steel pipe hangers,
shielded "tech-cable" or when steel pumps or valves are attached directly to copper pipe.
^ Galvanic corrosion of steel pipe embedded in concrete, especially where plumbing comes
up through the slab if it is not properly sleeved.
^ Undersized Wiping can cause corrosion due to excess velocity in the pipe, This can cause
cavitation in the piping or impingement attack. Based on information from the American
Waterworks Research Foundation, velocities in copper piping should be limited to 5 feet
per second (fps) for cold water piping and 4 fps for hot water piping. To reduce velocity,
increase the pipe diameter.
BUDGET: No funds have been budgeted for any improvements at this time.
RECOMMENDATION: No action recommended.
REVIEWED BY CITY MANAGER: l
ATTACNMEIVT C
JULY 2ii, 2003
•
•
•
r
..,€
~_ ~ Code Enforcement Brief
.: Ay
~' City of Atlantic Beach Commission
Brief July 2003
4.,~
...E
t Jurisdiction
*- City Code, Chapter 2, Sec 2-146: The
~" •, Code Enforcement Board shall have
the jurisdiction and authority to hear
and decide alleged violations of the
r following:
~' ~° . 1. City of Atlantic Bead1 Code oy
Ordinances
. 2. Building Codes, as adopted by Cre Gty
'c
. 3. Standard Housing Coda, as adopted by
the Gty
. 4. State of Florida Health Code
. 5. Florida State Statutes; and p
l . 6. State, County, and local laws and a p
"`y ordinances whose infant is to promote the
health, welfare and safety of the citizens of
the city.
~. e
«~ ~~
The jurisdiction of the Code
Enforcement Board shall not be
`>:~.< exclusive. Any alleged violation
of any the provisions in
subsection (a) may be pursued
by the appropriate remedy in
,f»+ court at the option of the
administrative official whose
~:'~ responsibility it is to enforce that
respective code or ordinance.
~, ., 7 ~
,
~~ ~.~ Code Enforcement Board
*' Organizational Chart ~~
~.,. .
i
Y.rw«rcra~..+..r,
•r G..E,+.....,....d
,;;~ aW,.,., ve.crW.,,.~,
[W. Cu'M 4.ewM., J. Mr, RMM Yw,
ao.w Y.w.. .... Y~1er•
[ W.r1.1~WMW Y..YrrY W,14r
. ~ ~ ew Y.... e... Y.w.
YL aMI H.re Yr.FMWW4ay
~' .
.. i'1:.. e.rle wwar.
Y,. Cr.Y1aMr Y. err
~`-~ Cade Enforcement Boards
~r: } ~ ~onea Statute, Chapter 162 8 City Cada Chapter 2, Sec 2141.1 St
~i
~~ ~"'~~ 1.7ta Cam Enlarenent Board b agpnted al Cre City Cammissat
,.~,1 i. ?e Ca,e cnla~nenl8oard kmrrpieed d T readenta
A mn.;wm of 4 Bond Alenibera must ba present m mroud a heairp.
~. G>dn E:hlorcertenl6oard rtertbers ran rot iodate a heaiq.
` ~ ~ - 5. Gzln u~loRernertl6aarda isst» oroers bamd al Mdigs d faC and mxlveana of lav.
.~;
d. Vi.7awr volt be granted dote b aortply.
~.' 1 7. Fwwrs to ccrtWy can result fn fines up m 5500.00 per day, per vidadm.
6. kur+nuadve mats for tbampa can W assessed apawut a vidalor.
.. ; , 9. Fw'ue'c psi does and assessments an result n property dens
if` '0. M ra:(~~al m a final Coda fnlacertient 8oad ktrwstrative tktler ran any bel~ard
! I try d+e Cirrut Cart r
~,~ ; •
~~ •,
~~ ~ TI7e Enforcement Officer Primer
a 'f
:. -y Florrcti Statues, Chapter 162
~.,,.~ 1,CnlytlieCodaFsforeertentOtdoereanititlateentarmrientprooeedinga
,. ~~ 2. T1W Cade Enforoamenl Oldest trust grant reasatahle drtie for mrtgGanoa.
3. Thu vq.abrred pa pratted rot bss a>en 3 days but ro man lien 30 days b mrrdy.
~;~~
...; 4. Rgwal rfdalon need rot be gmled reaartabb dme.
~`'^~s
' . 5. Fw&:il violates aro tlwee previausy found guilty al the Gide Enfortanerit Board.
~~;:-~^S 6. TM Cade Enfaroertrent tJfdrerdaes rot tees does
.-,
" 7. Fines en levied ay the Cade Enuroenerd Board.
t
,i
1
r-
~J
r~
•
'~
-`-.y 2003 Violations To Date
~;
,~<",
w.~r..r» a w. T.ur cr.pxrr.. p..e~np Mp~.W
Ira DrMr. ] ~
Q ~~"~ ~ w tl
14.n.Mp st ^
hMnp ~ f3
`.K,:. RM41~h tl
Iir.Mlsn.l V.NOM.]t
'-t Ibp.M. s D
e.np...a v.ma.. ~ r
TrNp h..p1.M... t ~ M ~'IOt -
• ww.~...~.r. ~ n
~~..p..r...
A orw TeW~' i
.:'fit..
. 'P
} ~'' 2850 VIOLATIONS PER YEAR
:~
~s
4~ ,
p....+.p. averpr~ 4 ~...
~. ..: r ~ - .' i
-]0.00%'..
''13.00%
'1D.00% ~
~.. 0,00% I ^ ~® ~ ~ ~ ~
2
'® ~
_ ATTACHMENT D
JULY 28, 2003
CITY OF ATLANTIC BF3ACH
. CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Ordinance establishing uniform terms and term limits for board and
committee members
SUBMITTED BY: Maureen King, City Clerk
DATE:
July 16, 2003
BACKGROUND: Since the adoption of Ordinance No. 5-03-42 establishing uniform terms
and term limits for board and committee members, some questions have been raised and we
wanted to make sure that we have correctly understood the intent of the City Commission.
Q. Will the current term or previous consecutive term(s) served count towards the term
limits established in the ordinance?
Board members will be limited to serving eight consecutive years except for the Code
Enforcement Board whose members will have a limit of nine years. Staff considers that
any Code Enforcement Board member who has served nine years, or any member of any
• other board who will have served eight consecutive years at the end of his or her current
term, would not be eligible for reappointment.
Q. If a member is appointed to fill an unexpired term, will this portion of a term be
considered a term for purposes of term limits?
Regarding term limits for City Commissioners, Sec. 5 of the City Charter states that
serving any part of a term shall be considered a full term. Staff intends to use the same
means of determining term limits for board members.
BUDGET: N/A
RECOMMENDATION: Confirm that staffs understanding of the intent of the City
Commission regarding the implementation of Ordinance No. 5-03-
42 is correct.
ATTACHMENTS: Ordinance No. 5-03-42
REVIEWED BY CITY MANAGER:
AGENDA ITEM #8C
JULY 28, 2003
ORDINANCE NO: 5-03-42
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING
CHAPTER 2, ADMINISTRATION, CHAPTER 14, PLANNING/ZONING/
APPEALS, AND CHAPTER 23, VEGETATION; CREATING UNIFORM TERMS
FOR APPOINTED MEMBERS OF THE CODE ENFORCEMENT BOARD,
COMMUNITY DEVELOPMENT BOARD AND TREE CONSERVATION
BOARD; PROVIDING A MAXIMUM LIMIT OF CONSECUTIVE TERMS FOR
BOARD MEMBERS; PROVIDING PROCEDURES FOR REMOVAL; AND
PROVIDING AN EFFECTIVE DATE
BE IT ENACTED by the City Commission on behalf of the people of the City of
Atlantic Beach, Florida:
Section 1. Sections 2-141 and 2-142 of the Code of Ordinances of the City of Atlantic
Beach, Florida, creating the code enforcement board, are hereby amended as follows:
Sec. 2-141. Created; membership; terms.
(a) There is hereby created a code enforcement board of the city, which shall
• consist of seven (7) members to be appointed by the mayor and approved by the city
commission. All members of the board shall be residents of the city and shall serve
without compensation. Members may serve a maximum of three (3) consecutive terms.
Sec. 2-142. Removal; filling vacancies
Members of the code enforcement board may be removed from office by the city
commission for cause upon written charges and after public hearing. Any member who
fails to attend ewe-E?)-e~tt-ef three {3) consecutive meetings without cause andlie~
°' ^~+~° ^'~~~~'~~~^ ^~+~°''^^ a shall have his office declared vacant unless
the member's absence is excused by a majority ofthe board members and the city-
commission shall promptly fill such vacancy. Vacancies shall be filled by appointment by
the mayor and approval of the city commission for the unexpired terms affected.
Section 2. Sections 14-18 and 14-19 of the Code of Ordinances of the City of Atlantic
Beach, Florida, creating the community development board, are hereby amended as follows:
Sec. 14-18. Terms of office of members; filling of vacancies.
lit-inl-apps-ink elepm 4ws~we-{~}
> >
•
AGENDA ITEM #8C
JiJLY 28, 2003
•
Page 2 of 3
Ordinance No. 5-03-42
teal
~ ,
Followin tg he expiration ofthe
terms of office of current board members the term of office shall be for two (~ years and
members may serve a maximum of four (4) consecutive terms. All terms shall expire'on
December 31 of the proper year. Any vacancy during the unexpired term of an appointed
member shall be filled by the city commission for the remainder of the term.
Sec. 14-19. Removal of Members
Any member of the community development board may be removed for cause by the city
commission upon written charges and after public hearing. Any member who fails to attend (3)
consecutive meetir.~s without cause shall have_his office declared vacant unless the member's
absence is excused by a maiority of the board. members, and the city commission shall nromntly
fill such vacancv.
Section 3. Section 23-19 of the Code of Ordinances of the City of Atlantic Beach,
•
Florida is hereby amended and a new Section 23-20 is created as follows:
Sec. 23-19. Tree Conservation Board.
(b) All members of the board will serve without pay. 'r'~° m°m~°r^ ~-~°~i ~° ^ ' t-ed
as the original appointments are made.
° ^~~;1-years= Followin the expiration of
the terms of office of current board members the term of office shall be for two (2~years and
members may serve a maximum of four (4) consecutive terms. Vacancies caused by death,
resignation, or otherwise shall be filled immediately for the unexpired term in the same manner
Sec. 23-20. Removal of Members
•
Any member of the tree conservation board may be removed for cause by the city
commission upon written charges and after public hearin~Any member who fails to attend (3~
consecutive meetincs without cause shall have his office declared vacant unless the member's
absence is excused by a maiority ofthe board members and the city commission shall prom~ly
fill such vacancv.
Section 4. This ordinance shall take effect immediately upon its final passage and
adoption.
AGENDA ITI;N1 #8C
JULY 28, 2003
•
Page 3 of 3
Ordinance No. 5-03-42
PASSED BY THE CITY COMMISSION on first reading thiso?~~day of 2003.
PASSED BY THE CITY COMMISSION on second and
2003.
reading this i~~day of
VE
•
Approved as to form and correctness:
ALAN C.,. SEN, ESQUIRE
City Attorney
Attest:
MAUREEN KING, C C
City Clerk
•