Exh 3AAGENDA ITEM #3A
MAY 27, 2003
May 19, 2003
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Hanso
~ify~ a G~~
SUBJECT: Follow-u eport
Term Limits Proposed for Boards and Committees; In Mazch of this year a proposal was made to
the Commission to impose term limits on all of the City's appointed boazds and committees. A
request was sent to the City's Code Enforcement Boazd, Community Development Board, Tree
Board and Cultural Arts and Recreation Advisory Committee to solicit their comments on possible
terms of two- years each with a maximum of four terms (eight years) that would apply to every
appointment. The City's Pension Boazds were excluded from this request because state law governs
their terms.
As of the writing of this report, one of the four boards had taken a formal action. The subject was
discussed at two of the others although no action was taken or objections noted and the last has yet
to discuss the issue, although comments were received from the chairman. The Code Enforcement
Board reported that the item had been discussed on May 6`h and the Boazd unanimously approved
the term limits as recommended.
Don Wolfson, Chairman of the Community Development Boazd, expressed a general concern about
term limits for the appointed boards saying that the Commission could instead choose to appoint
someone else if they did not think that a member was doing an adequate job. He was also concerned
about the proposed two-year term as it relates to initial appointments. New members usually require
about a year before they have enough knowledge of the City's codes and experience on the Board to
be fully effective. He thought atwo-year term for a new member would not give enough time for
the Commission to be able to fully evaluate the performance of a new member or for the City to get
adequate service given the year of training time that had been invested. The Community
Development Boazd has not yet discussed the issue because of a lack of a quorum at the last
meeting. They do plan to discuss it in their regulaz meeting on May 20~'.
Aggressive Solicitation Penalties; A question was asked at the last Commission meeting about a
staff report recommending the adoption of penalties in the City Code for aggressive solicitation.
The question was about the amount of fines/penalties for similaz behavior in the other beach cities.
Neptune Beach does not have an aggressive solicitation ordinance. The penalties in the
Jacksonville Beach ordinance aze exactly the same as those proposed for Atlantic Beach as
follows;
AGENDA ITEM #3A
MAY 27, 2003
1) For first offense, by a fine of not more than $25.00 or imprisonment of not more than
10 days or by community service of not less than 50 hours and
2) For second and subsequent offense, by a fine of not more than $500.00 or by
imprisonment of not less than 15 days nor more than 90 days or by community
service of not less than 500 hours
Sewer Conversion Policy; A question was asked at the last meeting about the required dates for
conversion to the City sewer system for those septic tank owners that have sewer service available.
The effective date for those customers that were not currently under an assessment is five years
from the date of the ordinance, which was adopted on May 22, 2000. Therefore, they will have to
convert by May 22, 2005. The date for those customers that currently have assessments is one
year after the assessments have expired. The previous report had incorrectly reported that they
also would have five years after the expiration. The Ocean Grove assessments will expire in
December 2006 meaning that they must connect to the city's sewer system by December 2007.
For Beach Avenue customers the assessments expire in May 2010 which means that they would
have to connect in May 2011 and Marsh Oaks customers have an expiration of November 2011
which would give those residents until November 2012 to connect to the city's sewer service. A
copy of the adopted ordinance is attached for your information.
Effective Dewees Avenue Widening/Pavin~ on Driveway Owned by Captain Anderson on
Beach Avenue; A report was requested at the last commission meeting on the details of the
Dewees/Beach Avenue intersection widening and paving and how that work would affect trucks
turning onto Beach Av. and running over Captain Anderson's driveway. Since the last
commission meeting, staff utilized a garbage truck going in both directions to see if the proposed
widening and paving project would be sufficient to allow an adequate turning radius for large
trucks. While the garbage truck was able to make the turn without riding over the landscaped area
of the house at 1650 Beach Avenue (Kelly Elmore), it was determined that some additional
widening on the north side of the intersection would be advisable. Consequently, about one and a
half feet of additional radius has been added to the corner prior to paving. A drawing of the old
and new street layout at this location is attached for your information.
AGENDA ITEM #3A
MAY 27, 2003
~~^~~ ORDINANCE NO. 8fl -t)Q 61
AN ORDINANCE OF THE CITY QF AT7.ANTIC BEACH, FLORIDA,
A1Vffi~TDING CHAP1`11R 22, UTILITIES, ARTICLE III, WASTEWATIIt
SYSTEM, DIV>GSION 2, USE OF PUBIC SEWERS REQUIRED, SEG. 22-74,
INSTALLATION OF TOII.ET FA~.~~ REQUIItED; COINNECTION
OF FACIL-~~ TO PUBLIC SEWER, ,SET'I'Il~TG FORTS A TIlVIE
SCIIF~ULE FOR CONNECTOON TO PUBLIC SE~'4ERS, AUTHORIZING
THE CITY TO OFFER FIl~TANCIAL INCEIVTIYF.S FUR SUCH
CONNECTIONS, PROVIDING PENALTIES FOR FAII.URE TO
CONNECT, .AND PROVIDING AN EFFECIZVE DATE.
VV$EREAS, certain areas of the City where public sewers are available still have
properties using septic tanks (OSDS: on-site sewage disposal system); and
WHF.RF.AS, certain areas of the City do not yet have public sewers available; and
WHEREAS, the City deems that the public health, safety and welfare would be best served
if all pioperdes are connected to public sewers and that use of OSDSs is eliZminaied; and
WBERF.AS, certain at~eas of the City are currently paying assess~ts for installation of
~-•--~ public sewer lines; and
WHEREAS, the City recognizes the costs associated with converting an OSDS to publvc
sewer and the bcnefit to gain property owners of offering financial assistance and incentives for
that purpose; and
WHF~t]EAS, the City is not aware of any specific health hazards ce conditions resulting
from e~sting OSDSs which ate detrimental to the public health, safety and welfare.
NOW TBI+~~ORE, BE IT ENACTED BY THE CITY COON ON
BF.HA T-F OF THE PEOPLE OF THE CITY OF ATLANTItC BEACH FLORIDA:
SECTION i. Sec. 22-74 of the Code of Ordinances of the City of Atlantic Beach, Florida,
is hereby amended to zeal as follows:
"Sec. 22.74. Iz~tallat3on a~f tam fad~ties required; coannec(~io~- of fa~d~es to
public sewer.
(a) The owners of all houses, buildings or properties used for human
~1~9~ ~PthYm~~ Win, ar other purposes, and situated within the City
are hereby required at the owner's expense to install suitable toilet facilities therein.
`,,-.,,, (b) The owners of all praperlies described in (a} above shall connect
their toilet facilities to public sewer, p~tovided the public sewer is within one
hundred (100) feet or thirty and five-tenths (30.5 meters of the property line, as
follows:
AGENDA ITEM #3A
MAY 27, 2003
(1) If new construction, then immediately.
(2) If currently under an assessment for installation of
public sewer lines (whether already paid off or still paying), connection
shall be made within one (1) year afeer expiration of the assessment.
{Assessments in Ocean Glove expire December, 2006, on Beach
Avenue in 1VIay, 2010, and in Marsh Oaks (ffk/a Section F7 in November, 2011.)
(3} If not currently under an assessment for installation
of public sewer lines, connection shall be made within five (S~ years
of the effiective date of this Ordinance.
(4) If failure of an OSDS occurs, then immediately. Failure of
an OSDS is defined in Sec. 22-90-(b), copy attac3~ed.
(c) 'lie owners of all properties descnbed in (a) above where public
sewer is not currently available, but becomes available in the future, small connect
their toilet facilities to public sewer as fellows:
(1) Within ninety (90) days after date of official notice from
the City to do so. Official notice shall be complete upon mailing said
,.~-.~ notice bo the grogerty owner at the prroperty address and at his or her last
known address, if any.
(2} If failure of an OSDS occurs, and public sewer is available,
then immediately. Failure of an OSDS is defined in Sec. 22-90(b), copy
attached.
(d) Failure of any property owner tp connect to public sewer as required
shall be unlawful and subject to all peaialties, including, but not limited to, the
followizig:
(i) General penalty as provided. in Sec. 1-11, copy attached;
(2) Prosecution before the Code Enforcement Baud;
(3) ~.lling far appropriate services retmactxve to the date
ca~nnaxian should have beat made. Tl~e amount of any such billing
shall be in accordance with City practice, in at least the amount of
minimum billing for the appropriate services.
(e) The City may, from time to time, oar financial assistance and
incentives to property awnears m encourage a more rapid ooaversian fi+om an OSDS
~ to public sewer. Any financial assurance and incentives shalt be as sec forth in a
resolution duly adopted by the City Commission.
AGENDA ITEM #3A
MAY 27, 2003
,~--~., SECTION 2. T9ie prnvisions of this Ordinance are controlling. Any parrtc of the Cods of
Ordinances which are eitl~ inconsistent or in conflict with this Qrdinance shall be contn~Iled by
this Ordinance.
SECTION 3. If any provision of this Ordinance ar the application thereof to any person or
circumstance is held invalid, the invalidity does not affect othes• provisions or applications of the
Ordman~ce which can be given effect without the invalid provision or application, and to this end
the provisions of this ~dinarue are declared se:verable:.
SON 4. This Ordinance shall take effect immediately npcm its final passage and
PASSID by the City Commission on first reading this ~ day of
2000.
PASSED by the City ConuYrission on second and final reading this .ZZ ~ day of
/~~, 2000
ATTEST:
r~-•. MAUREEN KiN~'i
City Clerk
ed as r4form and corre~ss:
ALAN C. ,ESQUIRE
City A
AGENDA ITEM #3A
MAY 27, 2003
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