03-06-01 vCITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD AGENDA
7:30 P.M., MARCH 6, 2001
Call to Order
Pledge of Allegiance to the Flag
Roll Call
1. Approval of the Minutes of the Regular Meeting held on December 5, 2000.
2. Recognition of Visitors and Guest regarding any matters not listed on the agenda.
3. Introduce new board member Mr. Carl Russell.
4. Unfinished Business:
A. Update on Case No. 00-8985 - J. Malcolm Jones, 161 Beach Ave.
(RE#170215-0000). The owner of the property is in violation of
Chapter 24, Section 24-157(a), Violation of height limitations for
fences. Appealing to Community Development Board, its set to
finalize no later then March 30, 2001.
B. Animal Citations -May hear old cases.
5. New Business:
A. James Morton, 1901 Hickory Lane. (RE#172020-1322).
Tree Board forwarded to Code Enforcement Board for non-payment,
case pending appeal to City Commission.
6. Board Member Comments:
7. Adjournment
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
MARCH 6, 2001
Cali to order: PRESENT: Curtis Sanders, Chairman
Tami Deitchman
Richard Mann
Karl W. Grunewald
Carl Russell
James Pelkey
Alex Sherrer, Code Enforcement Officer
Suzanne Green, Prosecuting Attorney
Alan Jensen, City Attorney
Patti Kotchkowski, Secretary
ABSENT: E.T. Fernandez, III
The meeting was called to order at 7:30 p.m. by Chairman Curtis Sanders, followed by
the Pledge of Allegiance to the Flag.
1. The Secretary read the roll, finding that Board Member E. T. Fernandez, III was
absent.
2. Approval of the Minutes of the Regular Meeting held on December 5, 2000.
Following a brief review of the Minutes of the December 5, 2000 meeting, a motion was
made by Richard Mann, seconded James Pelky and unanimously carried to approve the
minutes as presented.
3. Recognition of Visitors and Guests regarding any matters that are not listed on the
agenda.
There were no visitors or guests present at the meeting.
New Board Member Carl Russell was introduced.
4. Unfinished Business:
A. Follow-up on Case No. 00-8985 - J. Malcolm Jones, 161 Beach Ave.
(RE#170215-0000). Violation of Chapter 24, Section 24-157(a),
violation of height limitations for fences.
Code Enforcement Officer Sherrer summarized this case which involved a fence that
exceeded the six foot height limit. He said the board had informed Mr. Jones that he
must correct the violation; however, they also gave him the option of going before
Page 2
Code Enforcement Board Minutes
March 6, 2001
Community Development Board and asking for a vaziance. The Community
Development Board denied Mr. Jones' original request for a variance but Mr. Jones has
asked to appeaz before the Community Development Board again since he feels he has
grounds for appealing their decision. The Community Development Board has agreed to
hear his case again and this will be on their agenda in two weeks. This case has been
going on since May 2, 2000.
B. Animal Citations:
New animal citation cases will no longer be heazd by the Code Enforcement Board.
However, the Code Enforcement Officer was asked to review the old cases and identify
any cases he felt should be referred back to the Code Enforcement Board.
5. New Business:
James Morton (1901 Hickory Lane) cut down a tree on the city right-of--way, without first
obtaining a permit. The Tree Conservation Board instructed him to plant additional trees
or pay a fine for cutting down the tree. Mr. Sherrer said he had sent a letter to the
Mortons and they had indicated they would pay the fine rather then come before the Code
Enforcement Board. This matter is being handled by the Tree Conservation Boazd.
6. Board Member Comments:
Code Enforcement Officer Sherrer distributed and reviewed the February Code
Enforcement Monthly Report. Chairman Sanders asked Mr. Sherrer to also distribute to
the board members a copy of the Code Enforcement Fines, Administrative Fees, Tree
Mitigration, Demolition and Weed Abatement Liens Report.
7. Adjournment
There being no further discussion or business to come before the Board, the meeting
adjourned to a Workshop meeting at 8:00 P.M.
Curtis Sanders, Chairman
Code Enforcement Board
Attest:
Patti Kotchkowski -Secretary
Attachment
Code Bd. Minutes 3/6/01
CITY of ATLANTIC BEACx
800 SEMINOLE ROAD
ATLANTIC BEACH, FI:ORIDA 32233-5445
TELEPHONE: (904) 247-5800
FAX: (904) 247-5805
SUNCOM: 852-5800
http://ci.adantic-beach.fl.us
February 21, 2001
Mr. J. Malcolm Jones
CIO Emily G. Pierce, Atty.
1301 Riverplace Blvd, Suite 1500
Jacksonville, FL 32207
Re: 161 Beach Ave.
A/k/a: Lots 4, Blk 32, Atlantic Beach
R E# 170215-0000
Subject: Atlantic Beach Code of Ordinances, Chapter 24, Section 24-157 (a), Violation of
height limitations for fences.
Dear Mr. Jones,
This is official notification that the fence on the property commonly known as 161 Beach Ave in
Atlantic Beach must be brought into compliance with city code. That on May 2, 2000, the Code
Enforcement Board of Atlantic Beach found you in violation of city code, Chapter 24, Section 24-
157 (a) for fencing height restrictions. At the time of this hearing you were represented by legal
counsel and were informed that you had sixty (60) days to apply for a variance to the existing
code and ten days to bring your property into compliance if your application was denied. On
July 18, 2000, a hearing with the Community Development Board denied your application for a
variance, during which you were represented by counsel and given the opportunity to appeal.
Having failed to exercise your right of appeal, you are hereby notified that your property must be
brought into compliance not later then March 30, 2001. Failure to comply with this notification
will be considered a violation of City Code and will constitute an additional violation.
Further more you are reminded of your responsibilities as a property owner in the City of Atlantic
Beach and that continued violation of city code can incur fines of up to $500.00 per day, per
violation from the Code Enforcement Board.
Should you have any questions or concerns involving this matter, you can contact me at (904)
247-5855.
ALEXANDER J. SHERRER
Code Enforcement Officer
c: Public Safety Director
Attachment
Code Bd. Minutes 3/6/01
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
MAY 2, 2000
Call to order: PRESENT: Ken Rogosheske, Chairman
Curtis Sanders
Tami Deitchman
Richard Mann
E.T. Fernandez, III
Robert Etheridge
James Pelkey
AND: Suzanne Green, Prosecuting Attorney
Alan Jensen, City Attorney
Karl W. Grunewald, Code Enforcement Officer
Linda P. Kilis, Secretary
The meeting was called to order at 7:30. p.m. by Chairman Ken Rogosheske, followed by the
Pledge of Allegiance to the Flag.
1. Approval of Minutes of the Regular Meeting of March 7, 2000.
2. Upon Chairman Rogosheske's request, the Secretary read the roll, finding that
Board Member James Pelkey was absent.
3. Recognition of Visitors and Guests regarding any matters that are not listed on the
agenda.
Denise Helms of the Public Works Department was present and introduced by Code
Enforcement Officer Grunewald. She advised the Board that she is the cross-connection
administrator for the City of Atlantic Beach. She has to make sure that everyone is in
compliance, and if not, she may be bringing cases before the Board in that regard.
4. UNFINISHED BUSINESS:
Code Enforcement Official Grunewald presented brief follow-up reports on the following cases:
A. Case No. 99-8774 -Mervyn & Theresa Russe11,1405 Main Street. The owners of
the property are in violation of the following sections of Chapter 23, Section 23 - 17(b)(I),
Removal of trees without a permit; and Chapter 23, Section 23 - 17(g)(3) a & B, Failure to pay
mitigation.
Code Enforcement Official Grunewald advised the Board that the Russells have paid the
Attachment
Code Bd. Minutes 3/6/01
reduced Tree Board fine of $3,000.00, plus the administrative charges of $94.84, and this case is
closed.
B. Case No. 2000 - 8844 -Beatrice M. Hartman, 582 Aquatic Drive. The owner of
the property is in violation of Chapter 4, Section 24 & Chapter 24, Section 27, Animal Control
Citations #00291 & 00292. Two citations were issued, and each is a third offense.
Code Enforcement Official Grunewald advised the Board that Ms. Hartman has not paid
the administrative charges of $114.16 assessed to her, and no further action needs to be taken at
this time.
C. Case No. 99-8555 -Ralph Spight, 665 Sailfish Dr. (RE#171225-0000). The owner
of the property is in violation of Chapter 4, Section 4-39(b) of the Code for failure to pay an
Animal ControlCitation.
Code Enforcement Official Grunewald advised the Board that Ralph Spight has not paid
the fine of $50.00 or the administrative costs of $73.25, totaling $123.25 assessed to him, and no
further action needs to be taken at this time.
5. NEW BUSINESS:
Chairman Rogoshesk~ then read the case numbers and names of persons being brought
before the Code Enforcement Board. The Chairman then read the conduct of the meeting,
asked all witnesses to stand, raise their right hands, and they were sworn in.
Board Member Pelkey arrived at this time.
Prosecuting Attorney Suzanne Green asked the Board to entertain first the two cases in which the
individuals have attorneys representing them, i.e., Case No. 00-8840 Christopher Allen, and Case
No. 00-8985 J. Malcolm Jones.
C. Case No. 00-8840 -Christopher Allen, 49 Ardella Road (RE#172059-0000). Tl~e
owner of the property is in violation of Chapter 24, Section 24-65 (c), No Permit, and Chapter
24, Section 24-157 (a), Violation of set back and height requirements.
Attorney Robert B. Persons, Jr. appeared on behalf of Christopher Allen who was present,
as well as a witness, Mr. Moss.
Christopher Allen was found to be in violation of Chapter 24,
Section 24-157-(a) of the Code, for violation of set back.
Prior to the Code Enforcement Board meeting, the fence was cut to
four feet, and it was reported that the property is now in
compliance. The Board assessed Mr. Allen administrative costs of
2
Attachment
Code Bd. Minutes 3/6/01
$80.59 which may be included in a lien authorized under Sec.
162.09(3) if not paid within 30 days. Additionally, the Board
found that if Mr. Allen is found to be in violation of this Code
again, it will be a repeat violation and the fine will be $500.00
per day from the date he is first notified by the Code
Enforcement Officer until the property is brought into compliance
to the satisfaction of the Code Enforcement Officer.
owner of the property is in violation of Chapter 24, Section 24-157(a), Violation of height
limitations for fences.
J. Malcolm Jones was found to be in violation of Chapter 24,
Section 24-157-(a) of the Code, for violation of height
limitations for fences. The Board granted the request of counsel,
Emily G. Pierce, Esq., allowing sixty (60) days for her client to
apply to the Community Development Board for a variance regarding
.the fence. If the variance is not granted, Mr. Jones will have
ten (10) days to lower the fence to meet code requirements.
Further, the Board assessed Mr. Jones administrative costs of
$178.34 which may be included in a lien authorized under Sec.
162.09(3) if not paid within 30 days.
A. Case No. 00-9018 -Robert Stewart, 348 Church Road (RE#172338-0000). The
owner of the property is in violation of Chapter 12, Section 1-2-3, trash and debris scattered
throughout the yard and right of way, and Chapter 12, Section 12-1-7, abandoned vehicles
stored on right of way.
Robert Stewart was present. Upon Mr. Stewart advising the Board
that the cars have been removed from the property, and that he
tries to comply, but doesn't understand why he has to move the
lawn mower and things that he works with, the Board agreed not to
rule on this matter at this time, allow Mr. Stewart to clean up
the property by May 15, 2000, at which time the new Code
Enforcement Officer will check on the property and inform the
Board at the next meeting on July 11, 2000, as to whether or not
Mr. Stewart is in compliance with code.
3
A[iFNnA
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD WORKSHOP
8:00 P.M., MARCH 6, 2001
1. The Board, it's function, what's expected and a brief
review of the Sunshine Law.
a. Mr. Alan Jensen, his responsibilities as the City
Attorney and Sunshine Law Review.
b. Ms. Suzanne Greene, her responsibilities as the
Prosecuting Attorney.
c. Mr. Alex Sherrer, his duties as Code Enforcement
Officer.
d. Mr. Curtis Sanders, his duties as Code
Enforcement Board Chairman.
2 . Adjournment .
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD WORKSHOP MINUTES
MARCH 6, 2001 AT 8:00 p.m.
The workshop was held for the purpose of introducing and familiarizing the Code Enforcement
Board members with the board's organizational make up and its responsibilities.
The Chairman, Code Enforcement Officer, Prosecuting and City Attorneys introduced
themselves and explained their duties and responsibilities under Florida Statute 1b2. The City
Attorney provided additional information regarding Florida's Government in the Sunshine Law
and cautioned board members not to discuss the business of the board except at official meetings
which had been properly posted.
There being no further discussion, the Chairman declared the meeting adjourned.
Patti Kotchkowski
Secretary
Attachment
Workshop Minutes 3/6/01
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Attachment
Workshop Minutes 3/6/01
RECREATIONAL VEHICLE ENFORCEMENT
REFERENCES: City Codes 12-1, 21-24 and 24-163
1. Codes adopted late 1982
2. Enforcement has been constant, 336 violations over past 7 years
1994 - 29
1995 - 55
1996 - 39
1997 - 38
1998 - 60
1999 - 42
2000 - 73
Tota1336
3. No known threats of destruction, however City Code 21-24 (b) states that articles may be removed and
destroyed.
OTHER CITIES:
1. Neptune Beach: No Ordinance
2. Jacksonville Beach: 5 ft set back from city right of way, no boats longer then 20 feet. 100%
enforcement, total cases 142 for 2000.
3. Jacksonville: No parking in front yard, no size limit. In excess of 1,000 cases for 2000.
4. St Augustine: No parking in front yard, no size limit. Five foot setback. Sporadic enforcement (by
complaint only), approx 6 cases for 2000:
L 11.1µV1Llav..~
Workshop Minutes 3/6/01.
FLOR/DA's PUBLIC MEETINGS LAW
"THE SUNSHINE LAIM'
Materials Prepared By:
STEVEN E. ROHAN, ESQ.
Deputy General Counsel
Legislation, Labor and Employment
TABLE OF CONTENTS
I. History of the Sunshine Law ........................................
II. The Scope of the Sunshine Law ..................................... 2
III. Consequences for Violation of the Sunshine Law ........................ 2
IV. The Meetings that are Sunshine Applicable to the Council ................. 2
V. Types of Discussions Covered by the Sunshine Law ..................... 3
VI. Exemptions to the Sunshine Law "Shade" Meetings ...................... 4
VII. Notice, Location, and Procedural Requirements ......................... 4
VIII. Acknowledgment ................................................. 5
IX. Endnotes ....................................................... 5
FLORIDA'S OPEN MEETINGS "SUNSHINE" LAW
I. HISTORY OF THE SUNSHINE LAW
Florida established a requirement in 1967 to have meetings open to the public. This
was about the time the City of Jacksonville consolidated with Duval County. The
obligations of public officials in connection with open meetings has expanded ever since.
The obligations of public officials in connection with open meetings have expanded by both
legislative and judicial and advisory interpretations ever since. The basic law is found in
Chapter 286, Florida Statutes and states in pertinent part:
All meetings of any board or commission ... or of any agency
or authority of any county, municipal corporation, or political
subdivision .. at which official acts are to be taken are
declared to be public meetings open to the public at all times,
and no resolution, rule or formal action shall be considered
binding except as taken or made at such meeting. The board
or commission must provide reasonable notice of all such
meetings. Section 286.011, F.S.
In 1992, Article 1, Section 24(b) of the Constitution of the State of Florida was
adopted providing a constitutional guarantee to the openness of public meetings. Article 1,
Section 24(b) of the Constitution of the State of Florida was adopted providing a
constitutional guarantee to the openness of public meetings:
All meetings of any collegial public body of . a county,
municipality ... at which official acts. are to be taken or at which
public business of such body is to be transacted or discussed
shall be open and noticed to the public ... .
The Attomey General of the State of Florida has always been considered the
State's guardian of the State's open government laws, including the public meetings
law and annually publishes the "Government-tn-The-Sunshine Manual" which
gntains over 450 pages of guidance and references to assist Florida's public
o`fiicials in open government compliance, and citizens in open government access.
In the 1996 edition, the Attomey General's introduction quotes James Madison:
A popular government, without popular information or the
means of acquiring it, is -but a prologue to a farce or a
tragedy; or pefiaps both. Knowledge will forever govern
ignorance: And a people who mean to be their own
governors, must arm themselves with the power which
knowledge gives.
-1-
II. THE SCOPE OF THE SUNSHINE LAW
A. The law applies to all public elected and appointed officials, commissions,
councils, boards, and committees and includes members-elect;
B. The law requires meetings to be open to the public;
C. The law requires reasonable notice of each meeting;
D. The law requires minutes of each meeting to be taken and transcribed.
III. CONSEQUENCES FOR VIOLATION OF THE SUNSHINE LAW
Q A knowing violation of the law is a misdemeanor of the second degree. (60
days in jail) Sec. 286.011(3)(b), F.S.;
B. All other violations are considered non-criminal with fines not exceeding
$500.00. Sec. 286.011(3)(a), F.S.;
C. Removal from office is an option for the Governor. Sec. 112.52, F.S.;
D. Civil actions for injunctive or declaratory relief may be filed with the result
being a court order.
1. Declaring the violation;1
2. Enjoining future violations;2
3. Invalidating action taken by the Council or Committee; s and
4. Awarding attorneys' fees and costs in the event a violation is found
even against the individual in violation.'
N. THE MEETINGS THAT ARE SUNSHINE APPLICABLE TO THE COUNCIL
A. The law applies when any tvuo or more. Council Members meet to discuss any
matter which will foreseeably be ailed upon by the Council or any committee
thereof;s
B. ~ Council meetings;
C. Standing committee meetings;
-2-
D. Ad hoc committee meetings;
E. Casual gatherings;
F. Chance gatherings;
G. Telephone conversations;
H. Written or electronic correspondence used to develop a position or engage in
written debate;6
I. Liaisons used to communicate information between Council Members;'
J. It applies when any single Council Member acts as a decision maker for the
Council as a whole;8
K The law does not apply to a meeting between a single Council Member and
one or more Council staff persons;9
L. Does not apply to a single Council Member and the Mayor or one or more of
the Mayors staff;10
M. Does not apply to a single Council Member and members of the public;
N. Does not apply to a single Council Member and~one elected or appointed
official from another board, commission or agency;
O. Does not apply to a Council Members speaking about their philosophies,
trends, and issues facing the City at a public forum where there is no intent to
circumvent the law.t2
V. TYPES OF DISCUSSIONS COVERED BY THE SUNSHINE LAW
A Any matter which will for~eseeab/y be acted upon by the Council or any
committee thereof;
B. Pending ordinances and resolutions;
C. Matters that will be fnreseeably drafted into ordinances and resolutions such
as, by way of example;
1. Quasi~udicial or fact finding matters;"
-3-
2. Investigative inquiries;
3. Personnel matters;1°
4. Interviews;15
5. Screening committees;16
6. Most economic development matters;"
7. Most legal matters.1e
VI. EXEMPTIONS TO THE SUNSHINE LAW - "SHADE" MEETINGS
A "shade" meeting is a colloquialism for a meeting that is customized to be held out
of the °sunshine." Examples are:
A Certain collective bargaining strategy sessions -Sec. 447.605(1) F.S.
B. Limited attorney-client litigation strategy sessions -Sec. 286.011(8), F.S.
C. Other exemptions that may be created by Florida Statute, from time to time;
Vll. NOTICE, LOCATION, AND PROCEDURAL REQUIREMENTS
°Reasonable° notice is required; Sec. 286.011 (1 ), F.S.
1. °Reasonable" is an undefined term subject to interpretation on a case
by case basis. One method of addressing the "reasonableness"
standard is to always ask oneself whether a judge ruling on a civil
complaint, with the power to award attorneys' fees and the power to
void the action of the Council, would find the notice to be reasonable
under the circumstances;
2. Reasonable notice is required even if there is a general knowledge of
the meeting;'a
3. Reasonable notice is required even if a quorum will not be present;ZO
4. Notice must be posted in an area typically set aside for posting City
notices;
5. The meeting sponsors frequently contact the local media;
-4-
Attachment
Workshop Minutes 3/6/01
6. Some meetings must be advertised;
7. A posting of a detailed agenda citing every matter to be discussed is
generally not required, but circumstances2may justify more detailed
notice to specific persons from time to time.
B. Meetings must be located where the public has reasonable opportunity to
attend, and not at any location that discriminates; Sec. 286.011(6) F.S.;
C. Meetings at public facilities are encouraged;
D. "Silent' and non-disruptive recording devices may not be prohibited;
E. The chair person in a meeting may utilize reasonable time, place and
manner restrictions to ensure the orderly conduct of the meeting;
F. Unless provided by the rules of the Council or unless the meeting will affect
the substantial rights of a party, there is no known "right" for a citizen to be
heard or speak at a meeting.
Acknowledgment
The Office of General Counsel wishes to express its gratitude to the Attorney
General's Office for its annual publication of the Government-In-The-Sunshine-Manual,
which regularly updates public records law and practice. In addition, the preparer of
this outline relied heavily upon the "Overview of Florida Law Relating to Public
Meetings and Public Records" presented in April of 1999 by Assistant Attorney General
Patricia R. Gleason who regularly provides guidance upon the request of the Office of
General Counsel.
Endnotes
1' Town of Palm Beach v. Gradison, 296 So.2d 473 (Fla. 1974)
Z' Port Everolades Authority v. ILA, 652 So.2d 1169 (Fla. 4"' DCA 1995)
a. Town of Palm Beach v. Gradison, 296 So.2d 473 (Fla. 1974)
°~ Section 286.011 (4), F.S.
s. City of Miami Beach v. Berns, 245 So.2d 38 (Fla. 1971)
s. Op. Atty Gen. Fla. 89-23 (1989); Op. Atty Gen. Fla. 90-3 (1990)
'~ Blackfort v. School Board of Orange County, 375 So.2d 578 (Fla. 5"' DCA 1979)
-5-
s. Wood v. Marston, 442 So.2d 934 (Fla. 1983); Silver Express v. Miami-Dade, 691 So.2d 109
(Fla. 3d DCA 1997); '
e' Occidental Chemical Companv v. Mayo, 351 So.2d 336 (Fla. 1977)
10' Ops. Atty Gen. Fla. 90-26 (1990) and 85-36 (1985)
"~ Rowe v. Pinellas Sports Authority, 461 So.2d 72 (Fla. 1984)
12' Op. Atty Gen. Fla. 94-62 (1994)
13' Cannery v. Board of Public Instruction of Alachua County, 278 So.2d 260 (Fla. 1973)
14' Times Publishing Companv v. Williams, 222 So.2d 470 (Fla. 2d DCA 1969)
15' Op. Atty Gen. Fla. 89-37 (1989)
16' Wood v. Marston, 442 So.2d 934 (Fla. 1983)
"' City of Miami Beach v. Bems, 245 So.2d 38 (Fla. 1971)
1e' Neu v. Miami Herald Publishing Companv, 462 So.2d 821 (Fla. 1985)
1e' TSI Southeast, Inc. v. Royals, 588 So.2d 309 (Fla. 1 ~ DCA 1991)
20' Ops. Atty Gen. Fla. 71-346 (1971) and 90-56 (1990)
Z'' Ops. Atty Gen. Fla. 73-170 (1973) and 80-78 (1980)
~' Op. Atty Gen. Fla. 77-122 (1977)
23. Jones v. Heyman, 888 F.2d 1328 (11`" Cir. 1989)
-6-
Attachment
Workshop Minutes 3!6/01
GOVERNMENT IN THE SUNSHINE LAW
SECTION 286.011, FLORIDA STATUTES
Basic Provisions
Section 286.011 (1) provides that:
"All meetings of any board or commission of any state
agency or authority or of any agency or authority of any
county, municipal corporation, or political subdivision,
except as otherwise provided in the Constitution, at which
official acts are to be taken are declared to be public
meetings open to the public at all times, and no resolution,
rule, or formal action shall be considered binding except as
taken or made at such meeting."
II. What constitutes a "board or commission"?
A. All governing bodies and decision making committees.
B. Advisory boards that are more than mere fact-finders. A public body
cannot escape the application of the Sunshine Law by delegating a
job to an "alter ego". Advisory boards with "decision-making"
functions (i.e. screening applicants for an appointed position) are
subject to the Sunshine Law. The courts focus on the nature of the
act performed in determining whether a board is decision-making
or merely fact-finding.
III. What constitutes a "meeting"?
A. An occasion where two or more members of the same board are present
(includes presence physically, by telephone, or even when conferring by
written documents), and
B. Discussion ensues on a matter on which "foreseeable action" will be taken
(encompasses entire decision-making process, including briefings, workshops,
seminars, etc.).
IV. Requirements for a public meeting
A. Location
Section 286.011 (6) prohibits holding public meetings at any facility
that discriminates on the basis of sex, age, creed, color, origin, or
Attachment
Workshop Minutes 3/6/01
economic status.
2. Section 286.26 requires accommodations to be made, upon
written request received at least 48 hours in advance, for physically
handicapped individuals. Federal law requires that persons with
disabilities be given full access to all municipal meetings and programs.
B. Notice
1. The Statute does not contain any particular notice requirements.
2. The courts have interpreted the intent of the statutes to require
"reasonable notice".
In an informal opinion, the Attorney General's office has
suggested that reasonable notice should contain the time
and place of the meeting and, if available, an agenda
(otherwise a summary of subject matter)(note: the courts
have held publication of an agenda is not required and it is
not a Sunshine Law violation to discuss items not on the
agenda). The Attorney General has further advised that
these notices should be "prominently displayed" in a City
Hall or comparable area set aside for that purpose and that
the notices should be posted sufficiently in advance to
provide "appropriate and effective notice under the
circumstances." Except in cases of emergency, special
meetings should have at least 24 hours reasonable notice.
4. Section 286.0105 requires that each notice include the advice that if
a person(s) decides to appeal any decision, he may need to ensure that
a verbatim record of the proceedings is made.
C. Minutes
Section 286.011 (2) requires that minutes be kept of each public
meeting and that they be open to public inspection.
2. Meetings may be tape recorded or video taped, but minutes must
still be kept in addition to the recordings.
D. Voting
Section 286.012 requires that all members present at a meeting vote
on official actions or decisions unless they comply with the conflict
of interest provisions of Chapter 112, Florida Statutes.
Attachment
Workshop Minutes 3/6/01
2. Roll call votes on all matters are not necessary.
3. Secret ballots are prohibited.
V. Effect of Sunshine Law violations
A. Sanctions
1. Criminal -Knowing violation of the Sunshine Law is a second degree
misdemeanor, with penalties of us to $500 in fines and up to 60 days
in j ail.
2. Civil -Inadvertent violations are civil infractions with penalties not to
exceed a $500 fine.
B. Validity of actions taken in violation of the Sunshine Law.
1. Actions which have been taken are void ab initio.
2. Members of the general public have standing to sue.
3. Initial action taken in violation of the Sunshine Law can be cured
by an independent final action taken in the Sunshine; in other words,
start over but in the Sunshine.
CITY OF ATLANTIC BEACH
• CODE ENFORCEMENT BOARD AGENDA
7:30 P.M., MARCH 6, 2001
Call to Order
Pledge of Allegiance to the Flag
Roll Call
1. Approval of the Minutes of the Regular Meeting held on December 5, 2000.
2. Recognition of Visitors and Guest regarding any matters not listed on the agenda.
3. Introduce new board member Mr. Carl Russell.
40 4. Unfinished Business:
A. Update on Case No. 00-8985 - J. Malcolm Jones, 161 Beach Ave.
(RE#170215-0000). The owner of the property is in violation of
Chapter 24, Section 24-157(a), Violation of height limitations for
fences. Appealing to Community Development Board, its set to
finalize no later then March 30, 2001.
B. Animal Citations—May hear old cases.
5. New Business:
A. James Morton, 1901 Hickory Lane. (RE#172020-1322).
Tree Board forwarded to Code Enforcement Board for non-payment,
case pending appeal to City Commission.
6. Board Member Comments:
7. Adjournment
0
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
• MARCH 6, 2001
Call to order: PRESENT: Curtis Sanders, Chairman
Tami Deitchman
Richard Mann
Karl W. Grunewald
Carl Russell
James Pelkey
AND:
Alex Sherrer, Code Enforcement Officer
Suzanne Green, Prosecuting Attorney
Alan Jensen, City Attorney
Patti Kotchkowski, Secretary
ABSENT: E.T. Fernandez, III
The meeting was called to order at 7:30 p.m. by Chairman Curtis Sanders, followed by
the Pledge of Allegiance to the Flag.
1. The Secretary read the roll, finding that Board Member E. T. Fernandez, III was
• absent.
2. Approval of the Minutes of the Regular Meeting held on December 5, 2000.
Following a brief review of the Minutes of the December 5, 2000 meeting, a motion was
made by Richard Mann, seconded James Pelky and unanimously carried to approve the
minutes as presented.
3. Recognition of Visitors and Guests regarding any matters that are not listed on the
agenda.
There were no visitors or guests present at the meeting.
New Board Member Carl Russell was introduced.
4. Unfinished Business:
A. Follow-up on Case No. 00-8985 - J. Malcolm Jones, 161 Beach Ave.
(RE#170215-0000). Violation of Chapter 24, Section 24-157(a),
violation of height limitations for fences.
Code Enforcement Officer Sherrer summarized this case which involved a fence that
exceeded the six foot height limit. He said the board had informed Mr. Jones that he
must correct the violation; however, they also gave him the option of going before
Page 2
Code Enforcement Board Minutes
March 6, 2001
• Community Development Board and asking for a variance. The Community
Development Board denied Mr. Jones' original request for a variance but Mr. Jones has
asked to appear before the Community Development Board again since he feels he has
grounds for appealing their decision. The Community Development Board has agreed to
hear his case again and this will be on their agenda in two weeks. This case has been
going on since May 2, 2000.
B. Animal Citations:
New animal citation cases will no longer be heard by the Code Enforcement Board.
However, the Code Enforcement Officer was asked to review the old cases and identify
any cases he felt should be referred back to the Code Enforcement Board.
5. New Business:
James Morton(1901 Hickory Lane) cut down a tree on the city right-of-way, without first
obtaining a permit. The Tree Conservation Board instructed him to plant additional trees
or pay a fine for cutting down the tree. Mr. Sherrer said he had sent a letter to the
Mortons and they had indicated they would pay the fine rather then come before the Code
Enforcement Board. This matter is being handled by the Tree Conservation Board.
6. Board Member Comments:
Code Enforcement Officer Sherrer distributed and reviewed the February Code
Enforcement Monthly Report. Chairman Sanders asked Mr. Sherrer to also distribute to
the board members a copy of the Code Enforcement Fines, Administrative Fees, Tree
Mitigration, Demolition and Weed Abatement Liens Report.
7. Adjournment
There being no further discussion or business to come before the Board, the meeting
adjourned to a Workshop meeting at 8:00 P.M.
Curtis Sanders, Chairman
Code Enforcement Board
Attest:
Patti Kotchkowski— Secretary
•
Attachment
Code Bd. Minutes 3/6/01
• y ��__. CITY OF ATLANTIC BEACH
fFi 800 SEMINOLE ROAD
J `k ATLANTIC BEACH, FLORIDA 32233-5445
; :.. IS. TELEPHONE: (904)247-5800
' -�-`° ?y FAX (904)247-5805
SUNCOM: 852-5800
t " ;4; " http://ci.atlantic-beach.±1 us
February 21, 2001
Mr. J. Malcolm Jones
0/0 Emily G. Pierce, Atty.
1301 Riverplace Blvd, Suite 1500
Jacksonville, FL 32207
Re: 161 Beach Ave.
A/k/a: Lots 4, Blk 32, Atlantic Beach
RE# 170215-0000
Subject: Atlantic Beach Code of Ordinances, Chapter 24, Section 24-157 (a), Violation of
height limitations for fences.
• Dear Mr. Jones,
This is official notification that the fence on the property commonly known as 161 Beach Ave in
Atlantic Beach must be brought into compliance with city code. That on May 2, 2000, the Code
Enforcement Board of Atlantic Beach found you in violation of city code, Chapter 24, Section 24-
157 (a) for fencing height restrictions. At the time of this hearing you were represented by legal
counsel and were informed that you had sixty (60) days to apply for a variance to the existing
code and ten days to bring your property into compliance if your application was denied. On
July 18, 2000, a hearing with the Community Development Board denied your application for a
variance, during which you were represented by counsel and given the opportunity to appeal.
Having failed to exercise your right of appeal, you are hereby notified that your property must be
brought into compliance not later then March 30, 2001. Failure to comply with this notification
will be considered a violation of City Code and will constitute an additional violation.
Further more you are reminded of your responsibilities as a property owner in the City of Atlantic
Beach and that continued violation of city code can incur fines of up to $500.00 per day, per
violation from the Code Enforcement Board.
Should you have any questions or concerns involving this matter, you can contact me at(904)
247-5855.
,1-a,./4,e.or/fde,r,te7
ALEXANDER J. SHERRER
4110 Code Enforcement Officer
c: Public Safety Director
Attachment
Code Bd. Minutes 3/6/01
IIICITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
MAY 2, 2000
Call to order: PRESENT: Ken Rogosheske, Chairman
Curtis Sanders
Tami Deitchman
Richard Mann
E.T. Fernandez, III
Robert Etheridge
James Pelkey
AND: Suzanne Green, Prosecuting Attorney
Alan Jensen, City Attorney
Karl W. Grunewald, Code Enforcement Officer
Linda P. Kilis, Secretary
The meeting was called to order at 7:30 p.m. by Chairman Ken Rogosheske, followed by the
Pledge of Allegiance to the Flag.
411/ ,
1. Approval of Minutes of the Regular Meeting of March 7, 2000.
2. Upon Chairman Rogosheske's request, the Secretary read the roll, finding that
Board Member James Pelkey was absent.
3. Recognition of Visitors and Guests regarding any matters that are not listed on the
agenda.
Denise Helms of the Public Works Department was present and introduced by Code
Enforcement Officer Grunewald. She advised the Board that she is the cross-connection
administrator for the City of Atlantic Beach. She has to make sure that everyone is in
compliance, and if not, she may be bringing cases before the Board in that regard.
4. UNFINISHED BUSINESS:
Code Enforcement Official Grunewald presented brief follow-up reports on the following cases:
A. Case No. 99-8774 - Mervyn & Theresa Russell, 1405 Main Street. The owners of
the property are in violation of the following sections of Chapter 23, Section 23 - 17(b)(I),
Removal of trees without a permit; and Chapter 23, Section 23 - 17(g)(3) a& B, Failure to pay
mitigation.
1111/ Code Enforcement Official Grunewald advised the Board that the Russells have paid the
Attachment
Code Bd. Minutes 3/6/01
• reduced Tree Board fine of$3,000.00, plus the administrative charges of$94.84, and this case is
closed.
B. Case No. 2000 - 8844 -Beatrice M. Hartman, 582 Aquatic Drive. The owner of
the property is in violation of Chapter 4, Section 24 & Chapter 24, Section 27, Animal Control
Citations #00291 & 00292. Two citations were issued, and each is a third offense.
Code Enforcement Official Grunewald advised the Board that Ms. Hartman has not paid
the administrative charges of$114.16 assessed to her, and no further action needs to be taken at
this time.
C. Case No. 99-8555 - Ralph Spight,665 Sailfish Dr. (RE#171225-0000). The owner
of the property is in violation of Chapter 4, Section 4-39(b) of the Code for failure to pay an
Animal ControlCitation.
Code Enforcement Official Grunewald advised the Board that Ralph Spight has not paid
the fine of$50.00 or the administrative costs of$73.25, totaling $123.25 assessed to him, and no
further action needs to be taken at this time.
5. NEW BUSINESS:
al
Chairman Rogosheske'then read the case numbers and names of persons being brought
before the Code Enforcement Board. The Chairman then read the conduct of the meeting,
asked all witnesses to stand, raise their right hands, and they were sworn in.
Board Member Pelkey arrived at this time.
Prosecuting Attorney Suzanne Green asked the Board to entertain first the two cases in which the
individuals have attorneys representing them, i.e., Case No. 00-8840 Christopher Allen, and Case
No. 00-8985 J. Malcolm Jones.
C. Case No. 00-8840 - Christopher Allen,49 Ardella Road (RE#172059-0000). The
owner of the property is in violation of Chapter 24, Section 24-65 (c),No Permit, and Chapter
24, Section 24-157 (a),Violation of set back and height requirements.
Attorney Robert B. Persons, Jr. appeared on behalf of Christopher Allen who was present,
as well as a witness, Mr. Moss.
Christopher Allen was found to be in violation of Chapter 24,
Section 24-157- (a) of the Code, for violation of set back.
Prior to the Code Enforcement Board meeting, the fence was cut to
four feet, and it was reported that the property is now in
compliance. The Board assessed Mr. Allen administrative costs of
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Attachment
Code Bd. Minutes 3/6/01
$80 . 59 which may be included in a lien authorized under Sec.
162 . 09 (3) if not paid within 30 days . Additionally, the Board
found that if Mr. Allen is found to be in violation of this Code
again, it will be a repeat violation and the fine will be $500 . 00
per day from the date he is first notified by the Code
Enforcement Officer until the property is brought into compliance
to the satisfaction of the Code Enforcement Officer.
F. Case No. 00-8985 - J. Malcolm Jones, 161 Beach Ave. (RE#170215-0000). The
owner of the property is in violation of Chapter 24, Section 24-157(a), Violation of height
limitations for fences.
J. Malcolm Jones was found to be in violation of Chapter 24,
Section 24-157- (a) of the Code, for violation of height
limitations for fences . The Board granted the request of counsel,
Emily G. Pierce, Esq. , allowing sixty (60) days for her client to
apply to the Community Development Board for a variance regarding
the fence. If the variance is not granted, Mr. Jones will have
ten (10) days to lower the fence to meet code requirements .
Further, the Board assessed Mr. Jones administrative costs of
411 $178 . 34 which may be included in a lien authorized under Sec.
162 . 09 (3) if not paid within 30 days .
A. Case No. 00-9018 - Robert Stewart, 348 Church Road (RE#172338-0000). The
owner of the property is in violation of Chapter 12, Section 1-2-3, trash and debris scattered
throughout the yard and right of way, and Chapter 12, Section 12-1-7, abandoned vehicles
stored on right of way.
Robert Stewart was present. Upon Mr. Stewart advising the Board
that the cars have been removed from the property, and that he
tries to comply, but doesn' t understand why he has to move the
lawn mower and things that he works with, the Board agreed not to
rule on this matter at this time, allow Mr. Stewart to clean up
the property by May 15, 2000, at which time the new Code
Enforcement Officer will check on the property and inform the
Board at the next meeting on July 11, 2000, as to whether or not
Mr. Stewart is in compliance with code .
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