03-14-96 CEB MinutesCITY OF ATLANTIC BRACH
SPECIALCODE ENFORCEMENT BOARD MINUTES
E: OF MARCH ,
, 1996
Call to order: PRESENT: Edward Martin, Chairman
Heywood Dowling, Jr.
Ken Rogosheske
Richard S. Mann
Theo Mitchelson
AND: Suzanne Green Prosecuting Attorney
Alan Jensen, Legal Counsel
Karl Grunewald, Code Enf. Officer
Trudy Lopanik, Secretary
ABSENT: Kathleen Russell (excused)
Lou Etta Waters (excused)
The meeting was called to order by Chairman Ed Martin, followed by
the Pledge to the Flag.
;- ••i� •� • • . �• - -.. • �• - JIM.�.No one wished to speak.
I I'll Iei:�iil.�
• /III �• •T. Mosesowner of property located at Lot
Ocean Breeze, in violationof; •' • 82 AND 151;
CHAPTER 12, SECTION 12-1-6 AND 12-1-7; CHAPTER 24, SECTION 24�
163(A)5; CHAPTER 21, SECTION 21-24 of the Code of the City of
Atlantic Beach in that there exists on the premises located at L
OCEAN BREEZE, ATLANTIC BEACH,FLORIDA, the following
condition(s): CHAPTER 24* THE INS• • OF OFF-SITE
DISH IS NOT PERMITTED BY ATLANTIC BEACH CODE CHAPTER 24, SECTIONS
• • • •_t 11%W,
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Mr. Martin read the case hearing procedure for Donald T. Moses and
all witnesses were sworn in.
Suzanne Green summarized the violations against the property, and
Minutes, Page 2
March 14, 1996
she indicated that some of the violations had been brought into
compliance. She indicated the antennae had been tied down and now
complied with city ordinances; the trailer had a tag and was now in
compliance. The question, she explained, was whether the satellite
dish was being used for commercial use, and whether such use
violated Chapter 24 of the code.
Karl Grunewald passed out photographs of the site. After the board
examined the photographs Mr. Grunewald summarized the events that
had occurred this far. He explained the trailer on the property
was now secured and that the trailer was also registered, and the
tag would be placed on the trailer tomorrow morning (March 15,
1996. He indicated he was satisfied Mr. Moses was in compliance
except that the matter of whether or not the dish was being used
for commercial equipment needed to be resolved.
George Worley, City Planner with the City of Atlantic Beach,
explained when the antennae was in the ground it was an accessory
structure, but when it was mounted on a vehicle it ceased to be an
accessory structure. He added the property was in compliance with
Section 24-151.
Michael Grossberg, 50 Ocean Breeze Drive, indicated he lived
directly west of the satellite dish antennae. He indicated he
disagreed with the interpretation of Mr. Worley of Chapter 24-151,
and that in his opinion Mr. Moses was in violation of the code. He
added that satellite dishes were not allowed in the covenants and
restrictions of the association where Mr. Moses resided. He added
he would not want his children playing in the area of the antennae.
Mr. Moses indicated the satellite dish was not used for commercial
purposes. He referred to a letter written by himself to Kirk
Hansen, President of Ocean Breeze Duval Association, dated February
15, 1996 (copy attached hereto and made a part hereof - Exhibit A)
and he specifically indicated paragraph 2, page 5, was not correct.
He indicated the purpose of the dish was recreational, only. He
passed to the board the original purchase receipt of the satellite
dish which indicated it was purchased by himself, personally, and
not by his law firm. With regard to the safety issue, he indicated
he would be happy to place a privacy fence around the area, and
that the reason he had not placed the fence was because he had been
in disagreement with the Association as to where to place the dish.
When asked if his dish was different than other dishes, Mr. Moses
indicated he dish was smaller than some dishes.
Minutes, Page 3
March 14, 1996
Following discussion:
Donald T. Moses was found to be in violation of the Sections
referenced above. No fine was levied against the property because
the property had been brought into compliance. If the property is
found to be in non-compliance of any of the sections referenced
above in the future, the property will be considered to be in non-
compliance from the day the violation occurred, and the violation
will be treated as a second -offense violation. The board found
that Mr. Moses was not guilty of using the satellite dish for
commercial purposes and was therefore not in violation of city
ordinances.
There being no further discussion Mr. Martin adjourned the meeting
at 8:35 p. M.
G. E. Martin, Chairman
Code Enforcement Board
A T T E S T:
Trudy Lopanik, Secretary
Code Enforcement Board
DONALD MOSES
THOMAS H. GREENE, JR.`
JEFFREY D. SOLID
OF COUNSEL
STEPHEN H. FIELDS
ADMITTED IN NEW YORK
PROCTOR IN ADMIRALTY
JOHN G. DERUSSY
ADMITTED IN FLORIDA
AND LOUISIANA
PROCTOR IN ADMIRALTY
'ALSO ADMITTED IN GEORGIA
LAW OFFICES
DONALD INOSES & ASSOCIATES
PROFESSIONAL ASSOCIATION
2222 FIRST UNION NATIONAL BANK TOWER
225 WATER STREET
JACKSONVILLE, FLORIDA 32202
VIA HAND DELIVERY & CERTIFIED MAIL
TEL 904 359 9000
FAX 904 359 9999
February 15, 1996
Mr. Kirk Hansen
Ocean Breeze Duval Association
2393 Ocean Breeze Court
Atlantic Beach, Florida 32233
RE: Satellite Dish
Dear Kirk:
TRIAL PRACTICE
LIMITED TO
MARITIME ACCIDENTS
AUTOMOBILE ACCIDENTS
PERSONALINJURY
WRONGFUL DEATH
WORKERS' COMPENSATION
I am in receipt of and thank you for your hand -delivered letter
with enclosures dated December 29, 1995, the same which via certified
mail. This letter shall serve to follow our telephone conversation on
November 28, 1995 as well as the aforementioned letters to me, Mr.
George Worley and Mr. Karl Grunewald. I was somewhat mystified
upon reading those letters and therefore thought it wise to allow a
period of contemplation before responding. Initially, I wish to address
the timing and tenor of those letters.
Your letter to Mr. Worley objects to a zoning variance that had not
yet been sought. How did you know exactly what I intended to ask for
from the Community Development Committee? Are you clairvoyant?
Or would you object to any request no matter how reasonable and
acceptable to others it might be? If your objection was based upon a
conversation you had with Mr. Worley, how did he know exactly what
my application for variance would contain before I actually submitted it?
As the "President" of our association, I would hope that you might
display more restraint in prudently evaluating the request after it is made
rather than before.
Mr. Kirk Hansen
Ocean Breeze Duval Association
February 15, 1996
Page 2
As for your job performance as Association President, allow me to
request an explanation to two other matters involving "our" association.
Last year when the association embarked upon a roadside beautification
project it is my understanding that each property owner was asked to
contribute. I was not contacted by you or any other board member. A
chance encounter with Michael Grossberg informed me of this plan.
During the conversation, Mr. Grossberg expressed impatience with you
on another project involving the securing of the access gate to the
beach. He asked me to write to you and take up the issue of association
liability which I did, also enclosing a check representing my unsolicited
contribution to the beautification fund. I requested the combination to
the lock when it was placed. Again, you did not contact me with the
combination. And again, I had to rely upon running into Mr. Grossberg
who provided me the combination. As the president, are you not vested
with the responsibility of informing us of the comings and goings of
association activities? And when a member requests the combination to
a community lock, are you not obligated to respond promptly?
Regrettably, you did not respond at all to any of my requests, not to
mention brushing aside the roadside issue.
A few weeks ago, my secretary called requesting the names and
addresses of association members. You were gracious to return her call
promptly with names. However, you did not provide her with the
addresses stating that you did not have them as you do not
communicate by mail. Shouldn't you have the addresses, Kirk? While it
might not be viewed as a responsibility, would it not be at least wise to
have them on hand in the event a crisis like a satellite dish should arise?
Worry not, however, as I now have most of the addresses and thank
you for at least trying. I have enclosed them herewith for your future
needs.
Mr. Kirk Hansen
Ocean Breeze Duval Association
February 15, 1996
Page 3
Let us recapitulate for a moment. You did not contact me about
the fund. You did not contact me about the lock. Then, you failed to
contact me, even after I asked you to. Now you have serious concerns
about my satellite dish and you certainly have not failed to contact me
after the fact. Such self-righteousness as a "community leader" wears
thinly when you consider such a track record as recited above. Is it fair
that an association president does not bother to contact me until he
does not like something I am doing? I don't think so.
As for the tenor of your letters, I can only say that if it was
neighborly cooperation and genial compromise you were looking for
you had an interesting way of putting it down on paper. Rather, I get
the idea that you and the others on your committee are more inclined to
confront me in the interest of "property value preservation." I am
unfamiliar with the protocol at IBM, but the corporation that bears my
name generally encourages compromise, even though we are lawyers
who get paid to fight for a living, every single day.
Since you broached the subject, let us break down the "property
value" issue so to adequately address your concern in perspective. As
for the term "property value preservation", I wonder if you could please
define that term for me so that it comprehensibly applies to this
situation? Can you honestly tell me that a $3,000 satellite dish on a
$300,000 oceanfront lot diminishes adjacent property value? If so, are
you able to provide me with documentation to that effect? If you are
unable to do so, would you then be willing to admit that your statement
is wrong and, accordingly, withdraw your premature objection?
What would happen to property values if, because I did not
appreciate your inaccurate and unfair characterizations of me, I was to
build a house and move a couple of "crack" families in? Or perhaps I
might move one of my 500 disabled, indigent, Caucasian- or African-
Mr. Kirk Hansen
Ocean Breeze Duval Association
February 15, 1996
Page 4
American clients in so to provide him and his extended family with
shelter during a difficult time. How would your "hard line" position
square with the property value issue then? Of course, I do not
contemplate such foolish retaliation at this time. Instead, all I am asking
for is a little, seven -and -a -half -foot dish to be temporarily left in place
pending construction, hardly the kind of thing to cause property values
to plummet. A satellite dish, Kirk, not a nuclear reactor.
In the past, did I ever concern myself with your house or your
variance requests? Your wife will tell you that when she would call me
to review the intended plans of other neighbors, my response was
always, "Bonnie, it's their property, let them put up what they want."
I regret that I have to respond to you in this way, but you have left
me little choice. You have cast me in a bad light, Neighbor. I am
compelled to set the record straight. Those letters were ill-timed,
unkind and, I think, improvident. I have as much interest in preserving
the values of our properties as you do, but I cannot allow you to malign
me and mischaracterize my actions without an exhaustive retort. I was
not unkind to you during our telephone conversation. I expressed the
desire to work things out without resorting to the denunciations I have
read and am now writing. But you apparently felt it necessary to
preempt my proffered diplomacy without even hearing me out. That
was not right.
Dr. and Mrs. van Cleve, my neighbors to the south, gave me their
blessing a long time ago. They even permitted me to run cable across
their property. John and Bill Towers, whose grandfather (Sarah van
Cleve's father) once owned this entire beach, allowed me to do the
same, no questions asked. You refused to discuss it. I think we should
discuss it, not after the dish is removed, right now.
Mr. Kirk Hansen
Ocean Breeze Duval Association
February 15, 1996
Page 5
By now, I am certain you believe that I have burned what tiny
bridge existed between us. Nevertheless, allow me an attempt to
rebuild it without resorting to anymore rancor. I wish to "clear the air"
so that all involved will know exactly what transpired.
The purpose of the dish is not entirely recreational. As a maritime
lawyer, it is helpful and important for me to have access to worldwide
events as well as specific maritime -related information available only on
a C -Band Satellite Dish. I am now plugged into channels in Tokyo
(NHK), Berlin (Deutsche Welle), Montreal (CBC), Toronto (CBC),
Mexico City (XHGC, XEIPN, XEWM, XHIMT, XHDF), Dubai (EDTV),
Rome (RAI) and London, home of Lloyd's and West of England, the
world's largest maritime shipping clubs. As you now know, I have
significant ties to South America generally and specifically to Brazil.
This month a new satellite called Brasilsat has become available,
opening windows in Rio de Janeiro, Sao Paulo, Buenos Aires and
Santiago. Additionally, I now have access to a multitude of channels in
the port cities of Seattle, San Francisco, Los Angeles, New York,
Philadelphia and Miami. Finally, hundreds of network feeds and
unscheduled feeds (wild feeds) offering pertinent information are
transmitted every month.
As I told you during our conversation, my intent was not to upset
anyone and certainly not to ignore any rule as it is written. I do not
know how you have portrayed me to the others in the neighborhood,
but it is not my intent to bother anyone.
In preparing for this project, and as part of my "due diligence", I
consulted Mike Akel, the developer of Ocean Breeze, who understood
the "Covenants and Restrictions" to not address satellite dishes. Vince
Barbera, architect and designer of your and the Pohls' residences and, as
you know, an honest and straightforward person, had no recollection of
Mr. Kirk Hansen
Ocean Breeze Duval Association
February 15, 1996
Page 6
such a restriction. Mr. Barbera further consulted Mr. Donald Ford,
Building Inspector for The City, who informed him of no code
restricting the installation of a satellite dish.
Your understanding is that there is a covenant which prohibits this
dish. At your earliest convenience, kindly favor me with a copy of the
specific provision of prohibition. I met with Mr. Worley and Mr.
Grunewald several weeks ago. Mr. Worley felt that while Mr. Ford may
have answered Mr. Barbera's inquiry correctly, the question as posed
did not include the issue of primary and ancillary structures as Mr.
Worley interprets the Code, a misunderstanding I view as innocent.
I wish to reemphasize that "due diligence" was my intent at all
times. I contacted Mssrs. Akel and Barbera right away. I then spoke
with Michael Grossberg, Ann Pohl and Bonnie Hansen before
undertaking the installation. Mr. Grossberg asked me to deliver any
plans I had drawn. He seemed to me to be non -committal, a position I
interpreted as "unopposed." Since I had no plans, none were delivered.
What he did not tell me was "No." Ann Pohl was very kind and
deferential, feeling I should be able to do as I pleased on my land. She
did recommend that I further check with you as the President of the
Architectural Review Committee, so as to not infringe upon any rules,
should any be in place. As you know, we have had difficulty reaching
each other by telephone, but I did speak with Bonnie and explained my
intentions to her. While she did not seem enthused with the idea, I did
not ascertain the outrage you feel she imparted to me. She promised to
speak to you and pass our conversation along. Please understand, that,
at that point, I thought I was speaking to these parties out of courtesy,
as it was my understanding at the time that such an installation was
permissible. Having not heard from neither Bonnie nor you for two
days, I authorized installation. Please also bear in mind that
Mr. Kirk Hansen
Ocean Breeze Duval Association
February 15, 1996
Page 7
I had not heard from you on other occasions, so I had no such
expectation in this instance either.
During our talk, I hope I allayed your impression that the
installers had received instruction from me to continue their work in the
face of your protest. I was not consulted at the time. I was not at home.
I understand that you called the police?
To the extent that I have misinterpreted any conversation
with anyone who now feels offended., I apologize. If anyone else
is upset at my actions, I also wish to extend my apology.
Accordingly, I ask for atonement from The Association for any
misunderstanding and ask for your Committee's permission to leave the
dish in place until such time as I am able to construct a dwelling as the
primary structure. Therefore, I kindly request your Committee to
reconvene and reconsider it premature decision demanding rejection of
my variance request. To this end, I am officially requesting a covenant
waiver. I further request that you and the others kindly allow me the
opportunity to meet with you during your meeting should you decide to
reconvene. Should my request be denied, I shall kindly ask for a full,
personal and adequate explanation as to any and all reasons therefore.
However, I feel confident that the situation can be ameliorated and an
harmonious solution found.
Inasmuch as the variance hearing is scheduled for Tuesday of next
week, it may be taken off the calendar. As of last week, I received
permission from Mr. Worley to place the dish on wheels, thereby
converting its classification from "structure" to a "vehicle." A copy of my
letter to him is enclosed. While this conversion will alleviate the need
for a variance, it will not alter your committee's role relative to my
waiver request.
Mr. Kirk Hansen
Ocean Breeze Duval Association
February 15, 1996
Page 8
I have expended a great sum of money on this installation, and
would very much like to keep it operational. I hope you and the others
in our neighborhood will be able to make allowance for any innocent
mistake or inadvertent misunderstanding and consequently grant me
your leave.
If anyone wishes to contact me further, I hope she will not
hesitate to do so at the above number, or at home at 249-9999. Thank
you.
Sincerely,
COPY
Donald Moses
DM/slf
Enclosures
CC: Abraham I. Bateh, Esquire
Ross T. Clark, Esquire
Alan D. Henderson, Esquire
Marisa D. Ajmo, Esquire
Edward Akel, Esquire
Mr. George Worley, II
Mr. Karl Grunewald
Mr. Michael Akel
Mr. Jeffrey Mooneyhan
Dr. and Mrs. Robert van Cleve
Mr. and Mrs. John Towers
Mr. and Mrs. William Towers
Mr. and Mrs. Amos Almand
Mr. George Carter
Mr. and Mrs. Michael Grossberg
Mr. and Mrs. David Marco
Dr. and Mrs. Robert Pohl
Mr. and Mrs. Paul Theofan
Mr. and Mrs. Larry Walshaw
All with Enclosures