07-25-94 v ATLANTIC BEACH CITY COMMISSION
July 25, 1994
AGENDA
Call to Order
Invocation and pledge to the flag
1. Approval of the minutes of the regular meeting of July 13
Special Called meeting of July 6, 1994
2. Recognition of Visitors
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.
3. Consent Agenda:
a. Acknowledge receipt of Pension Investment Report
4. Action of Resolutions:
a. Action on Resolution No. 94-25 creating the Atlantic
Beach Community Theater and regulating the use thereof
5 . Action on Ordinances :
a. Final reading and public hearing on Ordinance No. 10-94-
18 to allow consumption of alcoholic beverages on public
property with permission from the City Commission
b. Final reading and public hearing on Ordinance No. 60-94-8
to amend regulations for signs and advertising structures
c. Final action on Ordinance No. 95-94-60, amending Chapter
18 of the City Code, relative to regulations for
solicitations (Public hearing held on May 23 - closed)
6. New Business: •
a. Discussion relative to possible amendment of tree
protection ordinance (Commissioner Weiss)
b. Discussion and related action relative to construction of
handicap ramp at 12th Street (Commissioner Weiss )
c. Accept sewer lines on Ahern Street, 9th Street, Seminole
Road and Ocean Grove Drive for city ownership and
maintenance (Robert Kosoy)
d. Authorize entering into negotiations for the purchase of
Tresca property (Commissioner Weiss )
e. Authorize funding to purchase property located at Donner
Road and Francis Avenue
7 . City Manager Reports and/or Correspondence:
a. Report relative to Park Street drainage project
b. Report relative to Beaches Soccer Association' s request
for donation
Page Two Agenda July 25, 1994
8. Reports and/or requests from City Commissioners, City Attorney
and City Clerk:
Adjournment
MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY
COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15
PM ON MONDAY, JULY 25, 1994 V V
O O
PRESENT: J. Dezmond Waters, III, Mayor Pro Tem T T
Steve Rosenbloom E E
Suzanne Shaughnessy D D
Robert G. Weiss, Jr. Commissioners
AND: Kim D. Leinbach, City Manager M S
Alan C. Jensen, City Attorney 0 E
Maureen King, City Clerk T C
I O Y
ABSENT: Lyman T. Fletcher, Mayor (Excused) NAME OF ONEN
COMMRS. NDSO
The meeting was called to order by Mayor Pro Tem Waters.
The invocation was followed by the pledge to the flag.
1. Approval of the minutes of the regular meeting
of July 13, 1994 and special called meeting of
July 6, 1994 ROSENBLOOM X X
SHAUGHNESSY X
Motion: Approve minutes of the regular WEISS X X
meeting of July 13, 1994 WATERS X
Under discussion, it was requested that the minutes be
amended to indicate the motion to set the millage rate
for fiscal year 1994/95 at 3.7721 passed.
The question was called and the motion carried
unanimously.
ROSENBLOOM X
Motion: Approve minutes of the special called SHAUGHNESSY X X
meetings of July 6, 1994 WEISS X X
WATERS X
No discussion before the vote. The motion carried
unanimously.
2. Recognition of Visitors:
Nancy White, 1729 Seminole Rd. , indicated last year the
city installed a sewer system in her neighborhood, and
at that time the Commission promised property owners that
they would not have to hook up to the sewer while their
septic systems were in operating condition. Ms. White
indicated she recently had been advised that the
Commission planned to pass an ordinance indicating
property owners would have to hook up to the sewer
system, but that she had since learned the matter would
be brought before the Commission in the form of a
resolution, and that public input would be allowed. She
felt that if promises were made in the past they should
be honored by this commission.
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Pro-Tem Waters indicated the Resolution would appear on
the agenda at the meeting of August 22, 1994.
William Gulliford indicated it had been a past tradition
to allow people not to hook up to new sewer lines until
their septic tank system was not operating. He urged the
Commission to be consistent with its policies.
3. Consent Agenda:
a. Acknowledge receipt of Pension Investment Report
A brief discussion was held concerning the types of
investments and the current market yield.
ROSENBLOOM X X
Motion: Approve passage of the Consent Agenda SHAUGHNESSY X X
WEISS X
The question was called and the motion carried WATERS X
unanimously.
4. Action on Resolutions:
a. Resolution No. 94-25 - A RESOLUTION OF THE CITY OF
ATLANTIC BEACH, FLORIDA CREATING THE ATLANTIC BEACH
COMMUNITY THEATER; DESIGNATING A PORTION OF THE ADELE
GRAGE COMMUNITY CENTER AS THE COMMUNITY THEATER; CREATING
A CONTRACTUAL PROCESS FOR REGULATING THE USE OF THE
THEATER FACILITIES; DESIGNATING THE AUTHORITY,
RESPONSIBILITY, AND LIABILITY OF EACH PARTY INVOLVED IN
THE OPERATION AND USE OF THE THEATER; PROVIDING FOR
EFFECTIVE DATE.
Mayor Pro-Tem Waters presented in full, in writing,
Resolution No. 94-25.
ROSENBLOOM
Motion: Approve passage of Resolution No. 94-25 SHAUGHNESSY X
WEISS X
Commissioner Weiss explained the intent of the resolution WATERS
was to normalize the relationship between the City and
users of the Community Center and to dedicate a portion
of the building as a theater.
Commissioner Shaughnessy referred to and proceeded to
read Section 6: "This resolution supersedes all previous
resolutions and policies adopted by the City Commission
in regard to the use of the Adele Grage Community Center
and the Atlantic Beach Experimental Theater group. " She
asked Alan Jensen, City Attorney, to explain the previous
resolution and the formal authority under which the city
currently operated. Mr. Jensen explained on October 25,
1993 the Commission adopted a one-year agreement with
Atlantic Beach Experimental Theater (ABET ) . He suggested
that if the commission passed Resolution No. 94-25, that
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it not be effective until the current agreement expired,
and that the proposed agreement be accepted by ABET. He
further explained that the current contract still existed
and if the Resolution was passed it would be a breach of
that contract.
When asked to explain the intent of the resolution,
Commissioner Weiss explained he felt the Community Center
had become ABET property, not Atlantic Beach property.
He indicated he would like it understood the facility was
operated by the city of Atlantic Beach who contracted
with theatrical groups. Commissioner Rosenbloom
indicated that no one had complained that they were
unable to use the facility because ABET was using the
facility, and that no one had appeared before the
Commission in the past to substantiate this. He felt the
commission and staff were involved in other city matters
and should not be involved in running the Community
Center by having to collect money, count money, make
judgements on who would use the facility, and other
matters. He felt another bureaucracy would be created if
the city became involved in the operation of the
facility.
Commissioner Weiss explained the idea of the resolution
was not to create another bureaucracy and not to pass
judgement on who utilized the facility, but to
standardize the use of the facility, He indicated he
would like to have terms spelled out more clearly than in
the current agreement. He felt tennis courts and
baseball parks should be treated in a similar manner.
Commissioner Rosenbloom proposed that a comprehensive,
contractual arrangement be adopted for everyone who used
city facilities. He felt, however, that some time should
be allowed so that ABET could complete renovations. He
felt that it was not a good time to make a change in
policy.
William Gulliford felt ABET was of benefit to the entire
Community, and he suggested giving the agreement that was
current in place an opportunity to work.
Pat Pillmore, Activities Coordinator for Senior Citizen
Center, Jacksonville Beach, felt volunteer activity for
ABET was of benefit to all the surrounding cities, and
not just Atlantic Beach.
J. P. Marchioli suggested that surplus money be placed in
a fund to go toward the construction of a new community
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building, and that the city should not receive monetary
benefit.
Commissioner Weiss felt the Community Center had changed
over the past several years, and he explained the idea
was to preserve the building as an Atlantic Beach
facility, and not as a private facility. He expressed
concern that the city would have to assist with
renovations, but that the renovations would benefit ABET,
only, and not other groups, should ABET move from the
facility.
It was felt that the matter should be deferred until the
meeting of August 22, 1994 when the full commission would
be in attendance.
ROSENBLOOM X
Motion: Defer action on Resolution 94-25 SHAUGHNESSY X X
until August 22, 1994 WEISS X X
WATERS X
The question was called and the vote resulted in 3-1 with
Commissioner Rosenbloom voting nay. The motion carried.
Commissioner Rosenbloom suggested having a workshop prior
to the meeting of August 22, 1994 . Mayor Pro-Tem Waters
asked Kim Leinbach, City Manager, to set a date for the
workshop session when all commissioners would be able to
attend.
5. Action on Ordinances:
a. Ordinance No. 10-94-18 - Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
AMENDING SEC. 3-11 OF THE CODE OF ORDINANCES TO ALLOW
CONSUMPTION OF ALCOHOLIC BEVERAGES ON PUBLIC PROPERTY
WITH PERMISSION FROM THE CITY COMMISSION, AND PROVIDING
AN EFFECTIVE DATE.
Mayor Pro-Tem Waters presented in full, in writing,
Ordinance No. 10-94-18, said ordinance having been duly
advertised. He opened the floor for a public hearing and
invited comments from the audience.
Dorothy Kerber, 365 1st St. , felt the ordinance sent the
wrong message to young people.
Nancy White, 1729 Seminole Rd. , felt since there was a
law forbidding people to drink until 21 years of age,
that the law afforded protection to young people.
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William Gulliford referred to "Oceanside Pops"
a Jacksonville Symphony that had been held in the past,
and he indicated no problems occurred. He resented the
fact that government dictated that people could not act
properly, and he indicated the commission would have
discretion to deem what was appropriate.
Since no one wished to speak further the Mayor Pro-Tem
closed the Public Hearing.
ROSENBLOOM
Motion: Approve passage of Ordinance No. 10-94-18 SHAUGHNESSY X
on Final Reading WEISS X
WATERS
Commissioner Weiss suggested amending the ordinance by
limiting alcoholic beverages to beer and wine, only, with
less than 12 percent alcohol content.
ROSENBLOOM X
Amended Motion: Amend ordinance by limiting SHAUGHNESSY X X
alcoholic beverages to beer and wine, only, with WEISS X X
less than 12 percent alcohol content WATERS X
Commissioner Shaughnessy indicated she had received calls
from people regarding the passage of the ordinance, and
all the calls were negative. She felt, however, that it
was important for the city to be in compliance with its
own ordinances and that "Dancing in the Streets" would be
in compliance if the ordinance passed .
The question was called on the amended motion and the
vote resulted in 3-1 with Mayor Pro-Tem Waters voting
nay. The motion carried.
Commissioner Weiss indicated he had recently attended a
function in the downtown area and beer and wine were
served without any problems.
Kim Leinbach reported he had contacted the city' s
insurance carrier and was advised premiums would not be
affected by having beer and wine served at functions.
David Thompson, Chief of Police, indicated the passage of
the ordinance would allow the Police Department to permit
certain functions to operate.
Mayor Pro-Tem Waters explained under the proposed
ordinance permission to hold functions would appear on
the agenda for Commission action. During discussion, it
was felt the true intent of the ordinance was to bring
"Dancing in the Streets" into compliance with city
ordinances. It was felt by some Commissioners that the
ordinance should apply to certain events, only, such as
"Dancing in the Streets. " Alan Jensen advised if the
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Commission was trying to restrict the ordinance to one
location and one event, this could be indicated in the
ordinance, but that if another event wished to be
scheduled it would be necessary to amend the ordinance.
ROSENBLOOM
Motion: Amend ordinance by changing "for special SHAUGHNESSY X
events" to "annual Town Center event" WEISS
WATERS
Motion died for lack of a second.
Motion: Approve passage of Ordinance No. 10-94-18, ROSENBLOOM X
on final reading as amended, by limiting alcoholic SHAUGHNESSY X X
beverages to beer and wine, only, with less than 12 WEISS X X
percent alcohol content WATERS X
Roll call vote resulted in 3-1 with Commissioners
Rosenbloom, Shaughnessy, and Mayor Pro-Tem Waters voting
nay. The motion failed.
It was explained the ordinance could be brought up at the
next meeting by a commissioner on the prevailing side.
b. Ordinance No. 60-94-8 - Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES, SIGNS AND
ADVERTISING STRUCTURES, CLARIFYING AND MODIFYING
REQUIREMENTS REGARDING REAL ESTATE, DIRECTIONAL AND
POLITICAL SIGNS, AND PROVIDING AN EFFECTIVE DATE.
Mayor Pro-Tem Waters presented in full, in writing,
Ordinance No. 60-94-8, said ordinance having been duly
advertised. He opened the floor for a public hearing and
invited comments from the audience.
Lynn Poyner, 160 Sylvan Drive, explained the ordinance
corrected inconsistencies with reference to real estate
signs. With reference to political signs, it took away
focus from the political candidate and placed it on the
property owner. The ordinance would be in compliance
with a recent Supreme Court decision.
Since no one wished to speak further the Mayor closed the
Public Hearing.
ROSENBLOOM X
Motion: Approve passage of Ordinance No. 60-94-8 SHAUGHNESSY
on final reading WEISS X
Commissioner Weiss referred to "Sec. 17-1(a) . Certain WATERS
signs exempted from Article II of this chapter" , ( 6 ) ,
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and suggested changing the ordinance to provide that real
estate open houses could be held for a period of eight
hours and that signs advertising open houses could be
erected one hour before the open house and removed one
hour after the end of the open house. Lynn Poyner
indicated she concurred with the amendments.
Amended Motion: With reference to "Sec. 17-1(a) .
Certain signs exempted from Article II of this ROSENBLOOM X
chapter" , (6) , change the duration of open houses SHAUGHNESSY X X
from four to eight hours and change the time signs WEISS X X
advertising open houses may be erected before the WATERS X
open house from one half hour to one hour, and
change the duration of time signs must be removed
after the end of the open house from one half hour
to one hour.
The question was called on the amended motion and the
motion carried unanimously.
ROSENBLOOM X
Motion: Approve passage of Ordinance 60-94-8 on SHAUGHNESSY X X
final reading, as amended WEISS X X
WATERS X
The question was called on passage of Ordinance 60-94-8,
as amended, and the motion carried unanimously.
c. Ordinance No. 95-94-60 - Public Hearing
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA, AMENDING THE TITLE OF CHAPTER
18, CHARITABLE SOLICITATIONS, TO PROVIDE FOR THE
REGULATION OF ALL TYPES OF SOLICITATIONS WITHIN THE CITY;
AMENDING SECTION 18-1, DEFINITIONS, TO AMEND THE
DEFINITION OF SOLICITATION, AND PROVIDING AN EFFECTIVE
DATE.
Mayor Pro-Tem Waters presented in full, in writing,
Ordinance No. 95-94-60, said ordinance having been duly
advertised. He opened the floor for a public hearing and
invited comments from the audience.
Since no one wished to speak the Mayor Pro-Tem closed the
Public Hearing.
ROSENBLOOM X X
Motion: Approve passage of Ordinance No. 95-94-60 SHAUGHNESSY X
on final reading WEISS X X
WATERS X
Commissioner Shaughnessy explained the existing ordinance
applied to charitable solicitors, only, and thus, the
ordinance needed to be revised to address for-profit
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solicitors. She explained the committee who revised the
ordinance felt the ordinance needed more work to make it
as strong as possible and still be in the framework of
the law. She indicated Lynn Poyner was working with the
committee.
The question was called and the motion was defeated by
unanimous vote.
6. New Business:
a. Discussion relative to possible amendment of tree
protection ordinance
Commissioner Weiss read a letter from Mae Thompson Jones,
a member of the Tree Conservation Board, concerning an
appeal by N. Hugh Mathews of a decision of the Tree Board
( letter dated July 20, 1994 attached herewith and made a
part hereof) .
Commissioner Weiss suggested having a workshop session
between the Tree Board, property rights activists, and
members of the Commission. He suggested discussing the
existing ordinance and whether or not the city needs a
tree ordinance.
Hope Van Nortwick referred to the appeal process of N.
Hugh Mathews on July 13, 1994. She indicated Mr. Mathews
appeared before the Commission under the "recognition of
visitors" portion of the meeting, and members of the Tree
Board were not notified. She indicated the Tree Board
would have liked to have had the same opportunity as Mr.
Mathews to present their case to the commission. She
explained with reference to trees that were removed, the
intent of the Tree Board was to give back to the
Community that which was taken away.
She indicated there had been three meetings scheduled
with the Commission but all had been canceled and she
indicated the Board would like to revisit the tree
ordinance.
A discussion ensued relative to the legality of
mitigation and Alan Jensen advised recently the Supreme
Court held that it was unconstitutional to require the
applicant of a permit to make a certain donation to a
city. He felt the Board should continue to operate as it
had under the existing ordinance. He indicated if an
appeal came before the commission, the members of the
Tree Board could answer and respond to questions, but he
felt in considering an appeal of a decision of any board,
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the commissioners should base their decision on the
action of the board in relation to the city code.
Mayor Pro-Tem Waters deferred the matter to the City
Manager and the City Attorney and suggested a meeting be
arranged between the City Commission and the Tree Board.
b. Discussion and related action relative to
construction of handicap ramp at 12th Street
Commissioner Weiss indicated the Departmental of Natural
Resource (DNR) permit would expire on August 2, 1994, but
he felt the DNR would be willing to extend the permit.
He indicated material to build the handicapped ramp would
cost approximately $2, 000 and he suggested that the city
buy the material and that the ramp be constructed by
volunteer labor, under the supervision of the city.
Commissioner Rosenbloom felt that other municipalities
who have successfully built ramps that have endured
weather conditions should be contacted for their input,
prior to the city building a ramp. He did not want to
build a ramp that would not be adequate.
Mayor Pro-Tem Waters felt that since there was a ramp on
11th Street a new ramp should not be built one block
away, on 12th Street. He suggested a new ramp could be
placed off Atlantic Boulevard, at 15th Street, or 19th
Street.
It was decided that the City Manager would research the
matter and report back to the Commission.
c. Accept sewer lines on Ahern Street, 9th Street,
Seminole Road and Ocean Grove Drive for city
ownership and maintenance
Bob Kosoy reported the final inspection of the Sanitary
Sewer Rehab Project for the Ocean Grove Drive portion was
conducted on May 25, 1993 and the final documentation had
been completed by Smith & Gillespie and was in order.
Final inspection of the remainder of the project: Ahern
Street, 9th Street, Vecuna Road and Royal Palms Drive,
Seminole Road from 17th to 18th Streets, and Ocean Grove
Drive from 17th to 18th Streets, was scheduled for August
8, 1994.
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Motion: Approve recommendation of Public Works ROSENBLOOM X X
Director to accept sanitary sewer rehab project for SHAUGHNESSY
Ahern and 9th Streets, Seminole Road and Ocean WEISS X X
Grove Drive: approve final payment and approve WATERS X
final change order (Credit of $9, 134.98)
No discussion before the vote. The motion carried.
(Commissioner Shaughnessy left the room for a moment and
did not participate in the vote)
d. Authorize entering into negotiations for the purchase
of Tresca property
Commissioner Weiss reported the Tresca property matter
will be on the agenda at the August 22, 1994, and he
asked that funding be identified.
e. Authorize funding to purchase property located at
Donner Road and Francis Avenue
Kim Leinbach, City Manager, reported a lien of $2, 500
existed against the property located at 1598 Francis
Avenue. If the lien was satisfied, Mr. Leinbach added,
the city would be able to buy the property which could
then be sold to the Donner Community Development
Corporation who proposed to develop the property into
four single family homes. The Donner Community
Development Corporation was supportive of this. Mr.
Leinbach recommended authorizing the expenditure of
$2, 500 out of the Commission Contingency Fund, to be
reimbursed from Community Development Block Grant funds
in the next fiscal year.
Motion: Authorize expenditure of $2, 500 from ROSENBLOOM X X
Commission Contingency Fund for the purchase of SHAUGHNESSY X
property located at 1598 Francis Avenue WEISS X X
WATERS X
No discussion before the vote. The motion carried
unanimously.
7 . City Manager Reports and/or Correspondence:
a. Report relative to Park Street drainage project
Bob Kosoy reported work was two weeks ahead of schedule
and less than $13, 000 had been expended. He indicated it
was expected work would finish ahead of schedule and
within budget. Mr. Kosoy commended the Public Works
Staff for their excellent work.
b. Report relative to Beaches Soccer Association' s
request for donation
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Kim Leinbach, City Manager, reported he had received a
letter from the Beaches Soccer Association promoting the
First Coast Labor Day Shootout Tournament, and asking for
support from the City ( letter attached hereto and made a
part herewith) .
Kim Leinbach reported the City' s Employee Assistance
Program had been rebid and it was felt money would be
saved.
Kim Leinbach reported Carl Walker had secured a grant to
plant trees, and Mr. Walker was congratulated by the
Commission.
Kim Leinbach suggested having a goal setting session as
soon as convenient, and he suggested prioritizing goals
so that this could be incorporated into the budget.
Commissioner Weiss complained that some city ordinances
and laws were being ignored.
Commissioner Shaughnessy congratulated Carl Walker
regarding the tree grant. She agreed that a goal setting
session should be held as soon as possible, and she asked
the City Manager to set a meeting.
Commissioner Rosenbloom asked the Commission to consider
having one meeting, only, during the months of July and
August. He explained this was the time that most people
took vacations and it was a problem having everyone
attend two meetings during peak vacation months.
Commissioner Rosenbloom felt it would be beneficial if he
attended workshops on subjects such as revitalization of
downtown, zoning, etc. , instead of attending the Florida
League of Cities Conference in Orlando. After
discussion, the Commission concurred and Commissioner
Rosenbloom was asked to coordinate arrangements through
City Clerk Maureen King.
Maureen King, City Clerk, reported voter registration
books would close August 9, 1994 as there would be a
First Primary Election September 8, 1994.
Mayor Pro-Tem Waters inquired regarding the status of the
Russell Park building. Kim Leinbach reported staff had
met with Actech Architects, final specifications were
being prepared, and bids would be sent out soon.
Mayor Pro-Tem Waters suggested legal opinions from the
City Attorney should be in writing.
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The City Manager and City Attorney were asked to make
sure city ordinances were up-to-date.
There being no further business the Mayor Pro-Tem
adjourned the meeting at 10:00 p. m.
X41
J Dezmo : aters, III
. ayor Pr. Tem/Presiding Officer
ATTES T:
1414.-7
Maureen King
City Clerk
r .,
126 15th Street
Atlantic Beach, Florida 32233
July 20, 1994
The Honorable Mayor and City Commissioners
City of Atlantic Beach
Atlantic Beach, Florida 32233
Re: July 13, 1994 Appeal to City Commissioners by N. Hugh
Mathews concerning permit decision by Tree Conservation
Board
Ladies and Gentlemen:
On Tuesday, July 5, 1994 Mr. N. Hugh Mathews was granted a
permit from the Tree Conservation Board to remove from Lot
21, Oceanwalk, Unit 3, 152 inches of hardwood trees with the
understanding that one-third of that amount would be replaced
with new hardwood trees. At the July 13 meeting of the City
Commissioners Mr. Mathews appealed the requirement by the
Tree Conservation Board that he replace one-third of the
removed hardwood trees. The City Commissioners ruled in Mr.
Mathews' favor.
As a member of the Tree Conservation Board I respectfully
urge the Commissioners to reexamine this appeal. At the Tree
Conservation Board meeting July 5th, Mr. Mathews had
indicated his intent to appeal the Board' s decision. Prior
to the next Tree Conservation Board meeting of July 18,
members of the Board received a packet containing a copy of
Mr. Mathews' appeal addressed to Ms Maureen King. The agenda
for the Tree Conservation Board meeting of July 18 provided
for discussion of this appeal. Ordinance 95-89-44, Section
23-26 provides that the aggrieved party has 10 days to make
an appeal; the Commissioners have 30 days to reach a
decision. Therefore, the request for appeal and the
Commissioner' s decision does not require simultaneous action.
Members of the Tree Conservation Board were totally unaware
that Mr. Mathews' appeal would be heard at the Commissioners'
meeting of July 13 and were not in attendance at that
meeting. Although I went to the City Hall for the regularly
scheduled July 11 Commissioners' meeting, that meeting was
cancelled due to lack of quorum of Commissioners. The
Commissioners' meeting was rescheduled for July 13. I was
advised at the July 18 Tree Conservation Board meeting that
•
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the agenda for the July 13 Commissioners' meeting was amended
to add Mr. Mathews' appeal under the heading of Recognition
of Visitors. No Tree Conservation Board member was given any
notice of his intended appearance at that meeting.
Recognition of visitors is customarily provided for citizens
to state their concerns and grievances with no action
required of the Commissioners until a proper hearing can be
scheduled. At the July 13 Commissioners' meeting this
precedent of taking no action on grievances brought before
the Commission during Recognition of Visitors was
disregarded. The Tree Conservation Board had no opportunity
to state reasons for the requirement of replacing hardwood.
Action was taken without data or assistance normally
available and intended to support the Commissioners in their
decision. Even the Tree Conservation Board minutes of their
July 5 meeting had not yet been approved or filed, because
they would normally have been accepted at the Tree
Conservation Board meeting scheduled for July 18. I
respectfully request that in the future the members of the
Tree Conservation Board be given some form of notice when the
Commissioners schedule a hearing for appeal of a Tree
Conservation Board' s decision.
I also respectfully request that the City Commissioners ask
the City Attorney, Mr. Alan Jensen, to pursue further the
definition of the word "modify" in Section 23-25 of Ordinance
95-89-44. That section provides, "The board may grant,
modify or deny the request based on protection of the
public' s interest, preservation of the intent of this chapter
or possible reasonable or unnecessary hardship involved in
the case. " Since its inception four and a half years ago,
the board has had a policy of replacing some portion of
removed trees in order to maintain the tree canopy for
Atlantic Beach. The policy has also been helpful when the
building plans require sacrifice of a tree of unique or
special characteristic, defined in the Ordinance as "A tree
of unusual species, configuration, size, age or historical
• background, including but not limited to liveoak, cypress or
magnolia tree of thirty (30) inches or more in DBH. " (DBH is
the diameter breast height measured in inches at 4. 5 feet
above ground level. ) It seems precipitous to suddenly rule
against this provision. It is my understanding that there
have been only two other appeals in four years, and this
policy was never in question.
There is a notable difference in the inviting atmosphere and
even the comfort of neighborhoods and streets within any
city. Some beckon you to enjoy moving about outdoors. It is
not the price or size of the houses that makes this
difference. It is the tree canopy. Each of us has
experienced places that are so uncomfortable that it is just
-3-
not worth going outside until the sun goes down.
Fortunately, Atlantic Beach has kept more of its tree canopy
than many cities. Often fast growing communities lack the
time, inclination or planning to save it until it is too
late. Areas in our town that have lost canopy need the
city' s encouragement, support and effective planning to
regain it. Those areas that are still blessed with a tree
canopy gain from progressive city planning that helps keep
its citizens informed and focused on savoring it instead of
taking it for granted.
Yours truly,
Alf "400
i
Mae Thompson Jones
copy: Carolyn Woods
Jim Pelkey
Thomas Frohne
Hope Van Nortwick
Carl Walker
George Worley
ATLANTIC BEACH CITY COUNCIL 15 JULY, 1994
800 SEMINOLE RD.
ATLANTIC BCH, FL 32233
Dear Mr . Kim D. Leinbach :
Thank you for your assistance in helping Beaches Soccer
Association promote the First Coast Labor Day Shootout . The
Tournament is only in its third year , but is already the most
respected Tournament in Northeast Florida . The Tournament
is expected to bring over 10, 000 people to the First Coast
over the Labor Day Weekend . The Tournament is a non-profit
organization with a 100% volunteer staff . All the proceeds
for the Tournament will go towards developing fields on
Hodges Blvd that will be used by all the residents of the
Beaches . I am sure that you are aware of how desperately
these fields are needed . We appreciate all the support that
Atlantic Beach has given the Tournament in the past . The
time has come again this year , when we need your support .
Currently, the Beaches Soccer Association does not have
enough goals to put on the Tournament and at least 8 sets of
goals will have to be purchased . We are requesting that
Atlantic Beach purchase 1 set of goals . The words "Donated
By Atlantic Beach" will be stenciled across the top of the
goal . We further propose that the goals then be donated
to the Hodges Field project . Their are currently over 1, 200
kids from all the Beaches participating in Beaches Soccer .
Unfortunately there are even more kids that wanted to play
this year , but registration will have to be cut short due to
the limited playing space . Once the Hodges Fields are
completed, it is estimated that registration will grow to
approximately 3, 500 kids . I have included in this letter an
estimate of how much the goals cost , including three
different quotes . It is your continued support that will
allow Beaches Soccer to grow so that kids will not have to be
turned away at registration . Thanks again for your support !
If I can be of any further help, please contact me personally
at 285-1969 or our Tournament Director (Susy Miller ) at
247-6700. -
Sincerely,
o'ack Brady
Chair (Fundraising )
THE
OCCERESTIMATE
9850-3 San Jose Boulevard610
1518 N.3rd Street
Jacksonville,FL 32257 Jacksonville Beach,FL 32250
(904)268-2300 Sill (904)246-2300
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ORDER RECEIVED ST
ABETO 1.MEM
Memorandum
To: Maureen King, City Clerk
For Your:
Information Ei
Action
Please Call ❑
From: Robert G. Weis
Date: 21 July, 1994
Subject: Community Theater Committee meeting
Minutes, 20 July, 1994
Present: Commissioner Steve Rosenbloom
Commissioner Bob Weiss
Absent: Commissioner Suzanne Shaugnessy, excused, on vacation
Also present: Ms Cindy Corey
Meeting was called to order at 5:15 p.m. in the City Hall conference room
Discussion centered on plans for the renovation of the Grage Center for use as a
community theater. Degree of required and requested construction, seating configuration,
use by other than theatrical groups, impact of ABET upon the community, and possible
future uses of the facility were addressed.
Ms Corey displayed an alternate configuration for the theater portion. The alternate plan
included considerable restructuring of the "community" portion of the building, and used
the entire original structure of the building for theater.
No conclusions, nor recommendations were produced.
Meeting adjourned at 7:25 p.m.
1798 Selva Marina Drive Atlantic Beach
FL 32233 904/246-4591 FAX/247-1123