06-09-97CITY OF ATLANTIC BEACH
COMMISSION MEETING -June !J, 1997
AGENDA
Call to order
Invocation and pledge to the flag
Approval of the minutes of the Regular Commission Meeting of May 27 and Special Called
Meeting of June 2, 1997
2. Recognition of Visitors:
A. Presentation by First Night organization
Unfinished Business:
A. Report by City Attorney Jensen relative to a request for a donation to deftay the cost
of having the Jacksonville Symphony Orchestra perform at a production of Westside
Story
B. Report and possible action on presentation of preliminary design of proposed Buil
Pazk improvements, by Kelly Elmore of Genesis Group
4. Consent Agenda:
A. Acknowledge receipt of monthly report from Code Enforcement and Recreation
Departments
B. Acknowledge receipt of Capital Improvement Projects Report No. 10
Action on Resolutions:
A. Resolution No. 97-17
A RESOLUTION OF THE CITY OF ATLANTIC BEACH SUPPORTING A
TWENTY-ONE DAY SALUTE TO THE FLAG OF THE UNITED STATES OF
AMERICA DURING THE PERIOD JUNE 14 THItOUGH JULY 4, 1997
B. Resolution No. 97-18
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, PROCLAID~IING JUNE 5 - 12, 1997 AS NURSE
ASSISTANTS' WEEK AND JUNE 5, 1997 AS CAREER NURSE ASSISTANTS'
DAY
C. Resolution No. 97-19
Action by the City Commission, meeting as an equalizing board, to adjust and equalize
the assessments in the Beach Avenue sewer line. installation project, and action on
Resolution No. 97-19: A RESOLUTION OF TIME CITY OF ATLANTIC BEACH
ADOPTING THE FINAL ASSESSMENT ROLL FOR A SEWER LINE ON
BEACH AVENUE, AND PROVIDING AN EFFECTIVE DATE
D. Resolution No. 97-20
Authorize the City Manager to seek the services of a consultant to rewrite the existing
Code of Ordinances and to review and make recommendations regarding the draft to
rewrite Chapter 24; action on Resolution No. 97-20: A RESOLUTION
TRANSFERRING CERTAIN FUNDS BETWEEN ACCOUNTS, to provide funding
for such consultant
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800 S]EMINOLE
ROAD, AT 7:15 PM ON MONDAY, NNE 9, 1997
PRESENT: Lyman Fletcher, Mayor
Mike Botno
John Meserve
Steve Rosenbloom,
Suzanne Shaughnessy, Commissioners
AND: Alan C. Jensen, City Attorney
Tim Jarboe, City Manager
Maureen King, City Clerk
The meeting was called to order at 7:15 p.m. by Mayor Pro Tem Rosenbloom.
The invocation was offered by Commissioner Borno, followed by the Pledge of
Allegiance to the Flag.
1. Approval of the minutes of the Regular Meeting held May 27,
1997.
Motion: Approve minutes of the Regular Meeting held May 27,
1997.
The motion carried unanimously.
Approval of the minutes of the Special Called Meeting held June 2,
1997.
Motion: Approve minutes of the Special Called Meeting held June
2, 1997.
The motion cazried unanimously.
Commissioner Shaughnessy entered the meeting at 7:22 p.m.
2. Recognition of Visitors:
A. Presentation by First Night Organization
Rosemary Fletcher, Co-Chairperson of First Night, presented the Commission
a framed, woven tapestry from the inaugural First Night celebration. Karin
^^ Clark and Nancy Bodge were acknowledged for their work and Conmrissioner
Shaughnessy, Commission Liaison to the First Night Committee, was thanked
for her work with the group.
ME OF
COMMRS.
M
O
T
I
O
N
S
E
C
O
N
D V
O
T
E
D
Y
E
S V
O
T
E
D
N
O
BORNO X X
MESERVE X X
ROSENBLOOM X
SHAUGHNESS X
FLETCHER X
BORNO X X
MESERVE X X
ROSENBLOOM X
SHAUGHNESS X
FLETCHER X
~~ Minutes Page -2-
u e ,
Commissioners Shaughnessy and Rosenbloom accepted the tapestry on behalf
of the Commission and citizens of Atlantic Beach and thanked First Night for
the beautiful work of art, which will be hung in the Commission Chambers for
all to enjoy.
An update of the second annual First Night activities was then given by Ms.
Fletcher and flyers listing activities passed out. Commissioner Shaughnessy
asked all First Night Committee volunteers and members of the Cultural Arts
Board who were present to stand up and be recognized and thanked the
volunteers for jobs well done.
Barbara Bonner of 463 Selva Lakes Circle inquired if there were nary plans to
place a deck at the handicapped ramp located at the Sea Turtle. City Manager
Jarboe stated the specially constructed wheel chairs for sand would be stored at
this location and there were no plans for a deck at this time.
Mrs. Bonner also inquired as to the status of the new lifeguard static+n and was
informed permits from the Department of Environmental Protection were
,»., needed and the height of the proposed building was being disciussed.
When the building is completed, handicapped parking and a safety rail
will be installed at the site.
Alan Potter of 374 Second Street read from a prepared document
concerning the city's recent payment of a $12,500 settlement with the
DEP (Department of Environmental Protection) as a fine stemming from
a dischazge violation during construction of the Atlantic Beach.
Wastewater Treatment Plant. The prepazed statement is attached and
made part of this official record as Attachment A.
3. Unfinished Business:
A. Report by City Attorney Jensen relative to request for a
donation to defray the cost of having the Jacksonville
Symphony Orchestra perform at a production of Westside
Story
This item was taken out of sequence and the City Attorney's report
given after Item B.
--.
B. Report and possible action on presentation of preliminary
design of proposed Bull Park improvements, by Kelly Elmore
NAME OF
COMMRS.
M
S V
Y V
N
~" Minutes Page -3-
June 9, 1997
of Genesis Group
Kelly Elmore of Genesis Group appeared before the Commission and
presented slides showing the existing Bull Park. Mr. Elmore pointed out
the barren landscape, non-descript mail center, undefined lawns and
sidewalks, the 90 degree parking along 7th Street, and spartan
playground area.
Conceptual-drawings of the park improvements were shown
incorporating ideas from the charette lead by Mr. Ed Preston acid the
Parks and Recreation Board. Some of these ideas included an improved
chiIdren's playground area with 'h court basketball, chalk walk, new
swings, and other playground structures, either city constructed or
manufactured; a unifying, palm lined east-west axis walk radiating
from a memorial circle containing the relocated memorials now scattered
throughout the park, plaza (seating area), iron gate with the park name,
shingled structures unifying the mail drop/newspaper area, and improved
~. landscaping and signage. Several slides illustrating different examples of
manufactured playground equipment were shown. Mr. Elmore indicated
the manufacturer may share the liability with the city should this type of
equipment be chosen and installed.
Mayor Fletcher arrived at 7:50 p.m.
After the presentation, a question and answer session was held..
Commissioner Rosenbloom inquired if Mr. Elmore had come up with a
price for the proposed park. Mr. Elmore stated the budget was $100,000
and he would not exceed that figure. He further stated he had no
definitive price and much of the cost depended upon the type of
playground equipment chosen for the park.
Commissioner Shaughnessy inquired regarding the ratio of cost sharing
for liability insurance between the manufacturer of playground
equipment and the city. Mr. Elmore stated he did not know the ratio
and would have to refer the matter to Finance Director Meuse for the
answer. Commissioner Shaughnessy also inquired if the project went
over budget, could certain portions be constructed and phased-in at a
later date. Mr. Elmore stated he could break out the price by different
segments of the project.
NAME OF
COMMRS.
M
S v
Y v
N
Minutes Page -4-
June 9, 1997
The slides for the various types of playground equipment were viewed
again and the prices for each type discussed.
Motion: Approve the concept of the park with emphasis on the
children's playground, send back to staff in order to have time.
to investigate the liability insurance issue and bring back to
the Commission at the nest meeting for final approval.
Dezmond Waters of 1835 Seminole Road and Chairperson of the Parks
and Recreation Board, inquired if the existing sprinkler system worked
and was told it did not. It was also mentioned that conversion of the
existing building to air to air would eliminate the wet spot. Mr. Waters
stated the park still lacked a tree canopy and needed shade trees, not
palms. He also asked Mr. Ehnore to research the official name: of the
park so the proper name could be placed on the new signs.
Commissioner Rosenbloom asked Mr. Waters if the Parks and
.^^~ Recreation Board endorsed the design. Mr. Waters and Co-Chairperson
Patricia Goelz both believed it was a good design and the Commission
should move forward with the project.
Commissioner Rosenbloom then stated he would like the style of
playground equipment to be in keeping with the ambience of the City of
Atlantic Beach and not include the primary colors in common use.
Commissioner Shaughnessy concurred.
There was no further discussion and the motion carried unanimously.
A. Report by City Attorney Jensen relative to request for a
donation. to defray the Cost of having the Jacksonville
Symphony Orchestra perform at a production of Westside
Story
The City Attorney advised it would be illegal under the city's Code of
Ordinances to give a donation to a private organization. Commissioner
Meserve stated the Commission should accept the City AttomL°y's
opinion and write a letter of regret to the City of Neptune Beach
explaining the same.
Commissioner Shaughnessy stated she was disappointed because this
NAME OF
COMMRS.
M
S V
Y V
N
BORNO X
MESERVE X X
ROSENBLOOM X
SHAUGHNESSY X
FLETCHER X X
Minutes Page -5-
June 9, 1997
would have been a chance for the City of Atlantic Beach to do
something for the youth of the area.
4. Consent Agenda:
A. Acknowledge receipt of monthly report from the Code
Enforcement and Recreation Departments
B. Acknowledge receipt of Capital Improvement Projects Report
No. 10
The consent agenda items were received and acknowledged as presented.
5. Action on Resolutions:
A. Resolution No. 97-17A
A RESOLUTION OF THE CITY OF ATLANTIC BEACH
SUPPORTING ATWENTY-ONE DAY SALUTE TO THE
~ FLAG OF THE UNITED STATES OF AMERICA DURING
THE PERIOD JUNE 14 THROUGH JULY 4,1997
Motion: Adopt Resolution No. 97-17A of the City of Atlantic
Beach supporting atwenty-one day Salute to the Flag of the
United States of America during the period of June 14 through
July 4, 1997.
Mayor Fletcher read the resolution in its entirety.
Mayor Fletcher presented the Resolution to Cecile Purcell of the Jean
Ribault Chapter of the DAR who explained the twenty-one day Salute to
the Flag program. Ms. Purcell thanked the city for its support and in
return presented the Mayor a copy of her patriotic painting of the
American Flag.
There was no discussion and the motion carried unanimously.
$. Resolution No. 97-18
A RESOLUTION OF THE CITY COMMISSION OF TIIE
'~ CITY OF ATLANTIC BEACH, FLORIDA PROCLAIMING
JUNE 5 - 12,1997 AS NURSE ASSISTANTS' WEEK AND
NAME OF
COMMRS.
M
S v
Y v
N
BoRNO x x
MESERVE X X
ROSENBLOOM X
SHAUGHNESSY X
FLETCHER X
Minutes Page -6-
June 9, 1997
JUNE 5,1997 AS CAREER NURSE ASSISTANTS' DAY
Mayor Fletcher read the resolution in its entirety.
Motion: Adopt Resolution No. 97-18 of the City Commission of
the City of Atlantic Beach, Florida proclaiming June 5-12,
1997 as Nurse Assistants' Week and June 5, 1997 as Career
Nurse Assistants' Day
Commissioner Meserve commended the work of professional Nurse
Assistants. Mayor Fletcher presented the framed resolution to four
members of the nursing assistants' profession from Fleet Landing.
There was no discussion and the motion carried unanimously.
C. Resolution No. 97-19
Action by the City Commission, meeting as an equalizing
~^^ board, to adjust and equalize the assessments in the Beach
Avenue sewer tine installation project, and action on
Resolution 97-19: A RESOLUTION OF THE CITY OF
ATLANTIC BEACH ADOPTING THE FINAL
ASSESSMENT ROLL FOR A SEWER LINE ON BEACH
AVENUE AND PROVIDING AN EFFECTIVE DATE
The Resolution was read by title only by Mayor Fletcher.
Motion: Adopt Resolution No. 97-19 adopting the final
assessment roll for a sewer line on Beach Avenue.
Acting as a member of the Equalizing Board, Commissioner Meserve
noted the non-conforming lots, as discussed during the Special Called
Meeting of June 2, 1997, had been included in the assessment roll. It
was also noted Mr. and Mrs. Morgan had sent letters concerning Lot
Beachside Replat (RE#169542-0705) agreeing to connect to the sewer
when a home is built on the lot and 1970 Beach Avenue (RE#169723-
1050) agreeing to connect to the sewer prior to selling the property.
~^-~ City Attorney Jensen stated the appropriate legal papers would be written
concerning these agreements.
NAME OF
COMMRS.
M
S V
Y V
N
BORNO X X
MESERVE X X
ROSENBLOOM X
SHAUGHNESSY X
FLETCHER X
BoRNO x
MESERVE X X
ROSENBLOOM X X
SHAUGHNESSY X
FLETCHER X
,-~.
Minutes Page -7-
June 9, 1997
Commissioner Shaughnessy inquired concerning the non-conforming lots
in the 1700 block of Beach Avenue and stated she was opposed to
placing assessments on these lots.
There were nb further comments, and the motion carried by a four to one
vote with Commissioner Shaughnessy voting nay,
D. Resolution No. 97-20
Authorize the City Manger to seek the services of a consultant
to rewrite the existing Code of Ordinances and to review and
make recommendations regarding the draft to rewrite Chapter
24, action on Resolution No. 97-20: A RESOLUTION
TRANSFERRING CERTAIN FUNDS BETWEEN
ACCOUNTS, to provide funding for such consultant
Mayor Fletcher read the resolution by title only and stated hiring a
consultant would provide for a clear and concise code and eliminate any
~ conflicts between the various sections.
City Manager Jarboe explained that he would like to hire a consultant to
review and rewrite the zoning ordinance as a first priority, followed by a
re-write of the entire code.
Motion: Authorize the City Manager to hire a consultant to
review and rewrite the zoning ordinance as first priority,
followed by a re-write of the entire Code of Ordinances, and
adopt Resolution No. 97-20 transferring $30,000 between
accounts to provide funding to hire the consultant.
Commissioner Rosenbloom inquired if the Commission would be
involved in the rewrite process of the zoning ordinance. Mayor Fletcher
stated the Commission would participate as the process moves along
with a scheduling of another workshop in the near future to set the
Commission's "vision" for the city.
6. Action on Ordinances:
,,..~ A. Ordinance No. 60-97-164: Final Reading and Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA AMENDING CHAPTER 24 OF THE CODE OF
NAM£ OF
COMMRS.
M
S v
Y v
N
BORNO X X
MESERVE X
ROSENBLOOM X X
SHAUGHNESSY X
FLETCHER X
Minutes Page -8-
June 9, 1997
ORDIlVANCES BY ADDING PLANT NURSERIES TO THE
USES BY EXCEPTION 1N SECTION 24-107; PROVIDING AN
EFFECTIVE DATE
Mayor Fletcher read the ordinance by title only, opened the public hearing and
invited comments from those present.
Motion: Adopt Ordinance No. 90-97-164 on final reading.
Jerald Kaufman of 2224 Barefoot Trace stated he owned property on the
northwest side of the property in question and was opposed to the change as it
would devalue his residential property. Mr. Kaufman further stated Tropical
Greenery was already operating on the site.
Paul Eakin, Attorney for Ruben Bennett, stated the ordinance would add
residential plarn nurseries to the uses-by-exception and would not grant an
exception to any property owner. It was pointed out the Commission could put
any conditions on any future exceptions granted and the current ordinance
,,,.,~ would not allow a plant nursery to operate as a home occupation.
Since no one else wished to speak, the Mayor declared the public hearing
closed.
Commissioner Meserve stated he had no problem with the requested use for
the property. However, the Commission needs to minimize the impact on a
neighborhood when granting the use-by-exception.
Commissioner Rosenbloom inquired as to the limitations of a residential plant
nursery as opposed to a commercial plant nursery and stated he was opposed to
the request if it meant an increase in traffic and loading and unloading of plants
in a residential area.
Considerable discussion ensued and it was pointed out the RG-2 in which Mr.
Bennett's property was located extended from the 100 Seminole Road
location east to Ocean Boulevard and in some places as far north as ]?ourth
Street. Fresently, Mr. Bennett's property is being used to store plants on site
with no retail sales taking place. It was also pointed out that the Community
Aevelopment Board makes recommendations on requests for uses-by-exception
to the Commission, however, the Commission makes the final decision on the
request.
Commissioner Rosenbloom then stated he was opposed to the change due to
the extensive area covered by the request.
NAME OF
COMMRS.
M
S v
Y v
N
BORNO X
MESERVE X X
ROSENBLOOM X
SHAUGHNESSY X X
FLETCHER X
-, Minutes Page -9-
June 9, 1997
NAME OF
COMMRS.
M
S v
Y v
N
Mayor Fletcher stated he was opposed to the request because he wished to
preserve the residential character of the city, and with 40%+ of the old core
city zoned RG-2 and RG-3, he did not want to open the door for this type of
business in those areas.
There was no more discussion and the motion was defeated by a. four to
one vote with Commissioners Borno, Rosenbloom and Shaughnessy and
Mayor Fletcher voting nay.
B. Ordinance No. 40-97-165: Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH
REWRTTING CHAPTER 24 OF THE CODE OF ORDINANCES,
ZONING AND SUBDIVISION REGULATIONS, AND
PROVIDING AN EFFECTIVE DATE
Mayor Fletcher read the ordinance by title only and stated the public hearing
would begin at the June 23, 1997 Commission Meeting.
BoRNO x x
~°`
Motion: Pass Ordinance No. 90-97-165 on first reading. MESERVE
RosENBLOOM X X
x
SHAUGHNESSY X
There W3S rio dtscussion and the motion Carried LlnaninlOUSly. FLETCHER X
7. New Business:
A. Public Hearing and action on a request for aUse-by-Exception
filed by Ted and Debra Jackrel to operate an office of a distributor
of paratransit vehicles at58 West 9th Street, on property zoned.
CG, Commercial General
Motion: Grant Use-by-Exception to Ted and Debra Jackrel to BoRNO x
operate an office of a distributor of paratransit vehicles at 58 West MESERVE x x
9th Street on property zoned CG, Commercial General subject to ROSENBLOOM X X
the recommendations of the Community Development Board and SHAUGHNESSY X
Staff (as listed in a memo dated June 4, 1997, from Community FLETCHER X
Development Director Worley attached herewith and made part of
this official record as Attachment B).
Mayor Fletcher opened the public hearing and invited comments from those
present. No one spoke and the public hearing was closed.
,,
There was no discussion and the motion carried unanimously.
~ Minutes Page -10-
7une 9, 1997
B. Award contract in the amount of $9,797.00 to Dees, Inc., for
exterior staining. and sealing of the Public Safety Building in
accordance with the specifications of Bid No. 9697-9 (Re-bid)
Motion: Award contract in the amount of $9,797.00 to Dees, Inc.,
for exterior staining and sealing of the public Safety Building in
accordance with the specifications of Bid No. 9697-9 (Re-bid).
Commissioner Meserve commented that there was a wide range of contract
prices, but he had spoken with an independent contractor who indicated the low
bid price was responsible.
There was no discussion and the motion carried unanimously.
C. Award contract in the amount of $19,000.00 to First Coast
Laundry and Cleaners for uniform cleaning for the Public Safety
Department, pursuant to the specifications of Bid No. 9697-11
(Re-bid)
Motion: Award contract in the amount of $19,000.00 to First
Coast Laundry and Cleaners for uniform cleaning for the Public
Safety Department, pursuant to the specifications of Bid No. 9697-
11(Re-bid)
There was no discussion and the motion carried unanimously.
D. Authorize the First Night Steering Committee to host a fund
raising event
Motion: Authorize the First Night Steering Committee to host a
fund raising event on July 10,1997 from 7-9:00 p.m. at the home of
one of its members.
There was no discussion and the motion carried unanimously.
8. City Manager Reports and/or Correspondence:
City Manager Jarboe informed those present a Memorial Service for staff in
honor of 7eanie Brown, a City of Atlantic Beach employee who passed away
unexpectedly last week, would be held on Tuesday, June 10, 1997 at 3:00 p.m.
^"'` in the Commission Chambers.
9. Reports and/or requests from City Commissioners, City Attorney
NAME OF
COMMRS.
M
S v
Y v
N
BoRNO x x
MESERVE X X
ROSENBLOOM X
SHAUGHNESSY X
FLETCHER X
BORNO X
MESERVE X X
ROSENBLOOM X X
SHAUGHNESSY X
FLETCHER X
BORNO X
MESERVE X
ROSENBLOOM X X
SHAUGHNESSY X
FLETCHER X X
Minutes Page -11-
June 9, 1997
and City Clerk
Commissioner Rosenbloom inquired concerning the purported IRS
investigation of the city bonds. City Manager Jarboe stated. he had given the
city's bond attorney authority to act on behalf of the city in this matter.
Fire Safety Inspector Elyse Weintraub reported the recent "Celebrity
Bagger" fundraiser held at Publix raised $1,571.00 in cash and donations.
Proceeds from the event will be used to purchase smoke detectors for those
unable to afford them. Inspector Weintraub thanked all of those who supported
and participated in the event.
Commissioner Shaughnessy reported on the Wonderwood Expressway
Meeting to be held June 16, 1997 at 2:30 p.m. on the 15th floor of City Hall
and urged everyone to attend the meeting or call the City Council Members in
support ofthe project.
In response to a statement made at the beginning of the meeting,
..., Commissioner Meserve stated the city holds no "near secret" meetings and all
meetings are properly noticed as required by law.
There being no further discussion or business to come before the Commission,
the meeting adjourned at 9:15 PM.
. ~ ~_~
aa<-~
Lyman Fletcher
Mayor/Presiding Officer
ATTEST:
kG[~LP.~~
Ma en King, CM
City Clerk
NAME OF
COMMRS.
M
S v
Y v
N
~ ~
ATTACHMENT A _
JUNE 9, 1997 COMMISSION MEETING
. _ _
__
_.
ALAN W. POTTER, SR.
374 Second Street
Atlantic Beach, Florida 32233
June 9, 1997
City Commission
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
Dear Commissioners:
The citizens of Atlantic Beach and the customers of the water and sewer utilities are the losers of the
$12,500 fine paid to the Florida Department of Environmental Protection.
At a (near secret) special meeting of the Atlantic Beach City Commission on April 21, 1997 -- a
meeting that lasted only ten minutes -- approval was voted to pay the penalty.
The $12,500 fine resulted, in my opinion, from the mismanagement of the "Davco" plant conversion
during the new 3.0 MGD wastewater treatment plant construction process.
The City of Atlantic Beach owned and operated its "Pappy Parks" plant (1.0 MGD) and its "Davco"
plant (1.0 MGD); total DEP approved capacity of 2.0 MGD.
The DEP "construction pernut" for the new 3.0 MGD wastewater treatment plant required that the
existing "Davco" facility be maintained in service until the new treatment plant was complete and
in service.
Also, the construction contract for the new treatment plant had the same "remain in service"
requirement.
Of significance, prior to the "Davco" plant shut-down, Change Order No. One, Item One was
proposed and approved. This item was intended to permit flow diversion to the "Pappy Parks" plant;
supposedly for "surge tank" purposes. The added project cost was $12,978.04.
At the (reported} request of the contractor, the consulting engineer, the public works director, and/or
the city manager authorized the early shutdown of the "Davco" plant. The result: two million
gallons of raw sewage pumped into the remaining one million gallon wastewater treatment plant.
This action violated the DEP operation permit, the DEP construction permit, the EPA NPDES permit
and the construction contract. Importantly, for a period of approximately six months, the final
effluent violated the quality standards of the operating permit and polluted the waters of Florida.
City Commission
City of Atlantic Beach
June 9, 1997
Page 2
Importantly, no change order to the construction contract was presented to the Atlantic Beach City
Commission for consideration.
Importantly, also, no DEP permit modification was requested for this major operational change.
No reasonable person (either lay person or engineer) should believe that increasing the flow on the
"Pappy Pazks" plant -- from 1.0 MGD to 2.0 MGD -- would not affect treatment performance.
In my opinion, the consulting engineer's "overview" letter of April 17, 1997, and the city manager's
letter of April 18, 1997, (when viewed against the total of available facts) are cover-up letters (by
their contents) and outright lies (by their intentional omissions.)
In my opinion, the citizens of Atlantic Beach and the customers of the water and sewer utilities have
been deceived and defrauded by those hired to properly serve them as employees and as consultants.
The City Commission is respectfully requested to seek and obtain a reimbursement of the $12,500.
from those persons who caused this wrong and the resulting DEP fine. The citizens should not be
~""'~ required to suffer the financial loss.
The City Commission is also respectfully requested to note and to reject the rationalization that a
$12,500. fine for wrongful conduct "is not really a loss to the City" because the City purportedly
saved $23,000. In my opinion, such rationalization is immoral and, if not denounced, indicates that
the Atlantic Beach city government is not only cavalier but also comtpt.
Very truly yours,
~G-ff''/~~'~
A W. Potter, Sr.
AWP/amh
_ ATTACHMENT B _
JUNE 9, 1997 COMMISSION MEETING
__
_____
~ -09- 1~
STAFF REPORT
AGENDA ITEM: Request for Use-by-Exception for Vehicle Distributor
SUBMITTED BY: George Worley II, Community Development Director ~ `t~
DATE: June 4, 1997
BACKGROUND:
The applicant operates a distributorship of vehicles designed for handicapped users.
The proposed business does not generally sell these vehicles at retail, rather they are stored
onsite and sold wholesale. The primary use of the property is proposed to be office space for
the staff, however, because of the sale of vehicles, this use requires aUse-by-Exception in
the CG district. The vehicles that are stored onsite will be stored outside of the building within
a fenced parking area. The applicant has stated that an occasional customer may visit the
site. This use appears to be less intensive than new or used automobile sales lots as
permitted in the CG district.
RECOMMENDATION:
The Community Development Board reviewed this application and recommends
approval subject to the following:
1) That there would be no lighting which interteres with adjacent residential
properties,
2) Hours of operation are limited to 8:00 AM to 6:00 PM Monday through
Saturday,
3) A fence be installed to separate the commercial and residential properties,
4) The parking lot be surtaced to minimize dust and allow proper drainage,
5) Not more than twenty (20) vehicles be stored on the property at any one time.
Staff further recommends that the exception be granted to the Applicant only and for
this location only.
ATTACHMENTS:
1) Application for Use-by-Exception
2) Minutes of the Community Development Board (draft)
REVIEWED BY CITY MANAGER: ~I
ATTACHIv1ENT
Minutes -June 9, 1997
P1yy..02-97 11 :27A
_ ~ECEOV~®
*"^ MAY 21991
Please Type or Print in Ink Application Pee 8100.00
City of Atlantic Beach
Bulid(ng and Zoning
APPLICATION FOR "U5E BY ERCF.PTIOH"
Date Filedx__J`'fU2~_r!_7 __,__________
Name and Address oS Owner or Tenant in Possession of Premises:
_ ~ev Wnd'7»yf,.ep .~mcJt~ne'~ (2coxut CanZlzu:.r~ Phone
!~`)U7 trrrc~/~c$ovrC _CHVn:T __ Morkr_~?`1f _bo0y_
~.
_~.t4r~'awu:lle Fcw 3zia5 --_ I{omet ac{i-98'.YS'
Street address and legal description pi the premises es to rhich the 'Ue
by £xoeption' 1^ requaeted~
___-~ o T 7i9~~~$9_ Q.Qcwc_Ce_e ~aea~ti.} Say, H_ Cur 7 ~-~! 9 ~sr. /~ls.,.C'e l~acL
---- -----------------------
-------------------------------
A description aS the 'Use by E$$caption" desired, which shell epeciiicall
end particularly deaariba the 4ype, ahareoter end extent oS the propoee~
'Vse by £xception't
~:sixiP,l~ioYL__of rl~'(LpT~TIT Uet~_c-I~sA UeL.~a\as w.~~ 8c__p~-5 titL-_
~C'~~eivf~4.lo-t.__BeLc«_~~ =g_Sotd_~~t~(1.:qy_wi~~-P~-.~=E'~'-~~-?3"------~
_0~6~C2_`3.~ ~e~_FcSL_5c~'F~_yneml~ens_ri'~la~_
SpeclSie reasons why the applioant Seek the request should be granted:
r.-
_(wc Lo _S w~ci s3e_'gzce _rcY_iM~!k"~'~n_'.._~'~~2..4~ ~"22Q_~t_°~"_x[scn,~U~___.
,Ds¢.c_~'css1nnall~ _~±m? ~9nJ_o~-Ficc° _G'_~i.fxT cd=cc ~xa..~rir~-iJCi1<<6cozrfu~vl,
Y _____ _ ___ _
_~nK~-~_Glecw ~us,..~ees 'rf-wr w_a.e _~~Z,hmncc~__~r?<'.s_.r.~K ~ici.~e~---
ccusi.scc' sin / in a.,S d'a /H~CIF,
D__ -------~ `-'x------------------------------------------------------
Zoning CleselSiaatlant__ C`?_______
S gnatu e S applicant/applicant`s
authors d agent or •ttornay. IS
agent or attorney, include totter
Sros applicant to thot afteot.
o^^,
~'-- ---------- ~"`-z ---
Signatu a of orner oS the property.
Applicat on asnnot be processed
without owners signature.
Applicants Do not'Sill-in beyond this point. However, be prepared to
respond to the Sollowirtg items:
May-42-97 11:27A
^~
P.03
FINDZNOS OF FACT
I --
_~
i
1. lnprawa •nd aerate to property •nd propor~d YES HO
atrootura• it adaquatr. Hrtioolar raiarrnaa 1^
wade to autvaotiva •nd padawtrian ufaty •nd
oonvanianow, tsaZfioilor and oontrol •nd aawu
in oua o2~ oatutrophai ~ ___ ___
2. Oii-street parking •nd loading Sa adagvatw.
Particular attention i• paid to the Stows Sn 1.
above and !ha aoonowio, noiu, plar• snd odor
aitaat^ of the rprala3 axwption ~n wdloininp
prapartiar end proprrtiar~ panrrally in the
diwtriot~ ~ ,__ ___
3. Locationr o1 rriuq and rarvior araar wra
corpatiblr rith rurroundinp poprrtlaw end era
eerily wowribla. _ ___ ___ .
4. Loartionr, availability and oarpatibllity oS
utllilir• •r• adequate. ~_,. ___
8. Type, dlwenrionr and aharaoter oS roreeninp
and butierlnp era adequate. ___ ___
6. Siena and prapowd extrrior lighting, rith
rKerenae to glary and Lsatllo rainy, era In
harwony end arw oorpatlbl• rith other propestira
in the dirtriot. ___ ___
7. Raquirrd yardw •od other open rpaarr ere
adequate. ___ ___
8. The use i• generally aorpatible rith ad~aoent
properties end other property in the dSrtrlot. ___ ___
COMMUNITY DEVELOPMENT BOARD REPORT AND RECOMMENDATIOMB~
ACTIONS 8Y THfi CSTY COMMISSIOMI
1
~~ ~, ~ h ~ T~y~`'(y' ~ ,~f~ 777-p,~~
s s ~,J ,~
.,
~* ry
~~ ~ ~ .
i
~ gas ~~ ~' ~ ~ ~~r~~~,s
a ~ f ~` ~' u ~'Y -.
~~ ~ {v
F,.
H
I~ ~~
', r
~ ~~ t
Z ~ ~ ' ~ ~7 Wit.{' e
,,. f' 4 ~ • ~'~y ,
-,
PRAY SHOWING SURVHY OP
:.M a n.(<t ]p.l~G[I')fIV '11• l.)11JR1C fGV';i N WCtY.: v;l: )11 )•I.U' tIV;R IN 1'nGG ]) tv I ] tlY;lG]:l'
Iti.•LK 5'ltDa:(r OIO 0.Nµ CpNIIY, 414^)pt.
`PJES7 9fh. STREET
_{__~ tea. _...
'_i°'
... 569'48'00"E •~"`+. SOAO ~z L" ^'"`
O
:IrCr f:: .. J:ML:. n:i)..~
~
1 _ __ _
::' I)I.O i' •••
~
N ~ ~
rv i~ : ,O,
~ ~r ~I
b '
1ai
^ '
z i6 n '.
: 1-i
S I
J ~ 30•~ :Y l~ ~ Q
' •
jy Ir....~.-~~ 140
~ h u+G
"'
~
• R1iJ0 pXAINIKlO ~
~
B Z ~L 0 C•K ~ y39
„r
i -__~------ ----r-------~
`I' I ,~• I
~ _____.
II
1
6p,
-- - WOYNi 1lY.I~ILO.lf.fp•1 ~`~~ -wur-'-- -- rotp•
1 tW3114 WxYW1 {WY[T. 1
1 M]11RONi [[1t100110•lWC{At
LOS i ' L O T i t1 t0i , t<1 ~T'
I {b{uYt IaSQ tr[ SUC k"+RM qN[
M [Oi {, 40<[ JI, N I!A Ili).
8.11.'0 C K' 38 l
:tY'.YIOT..X)Y &[3IN 10!0'6! Nll'l.%'W 4IF I:111LM TSN•: 'Y• (µWA CVi$1[9 300•riM {1.W0 '
PUlIf) M »]J. At CJJ) iW. IY7'y'WNLV F1TA1114' 'flJ110 IMOUNVUS M7fi NN` WWUTr•0lJ:7. 1
/4Ka3t 1700)3 0001 0 PkY)LYA A/3iL lTr 1339 P.YI Al1AW1l' DV1Q1, fJN3TA.
I 1?]OIIr CratlY iV OIlLlhY.[IR u. N)y!. 4VOA11.1 a. OON)td31, fON18 ~L'M NAMGW. iW0( '!
VJU SCIn,NTJ0.1N INU TI71.G IMVIWIX N?MY 71N7 I INVF 9WOkl'v!> 9pG IA}Tp A5/SIlT01 `
IN Ua: N17YL (:ir1PIQ1 NO 71017 11119 WW 19 A 711X. NO LDIYViI' NS•IY10N1'Hf):YI Op•yjy~p $IMM (
A1~ S1 NT PR 87a4'I.Y aEOaFyY7t1171 NE7CLN {13115 SI{9 MNT,S01 1TA70llCli. !rY'µU:Lpt. (y 'nµ~ 1
r NpgIN .t WtIJ1~•I1NTI.Y1! WOa GW'1FR {7 GIf•i AN) 1)0: npllM 11.N) TIn.C A>;iCC1At1W, '
.. ~. `~~
1
TIW bJ11Y[T NOT YAt1111R4E58 • `•..-a.,,~: +.~ "~~ ~. •. •::~? 1
OViFO YRIII µlO.VXlS:Lfl OF,'nL
OFSWYL'Y<N SWIa,O UtilVn11 DONN IV. DOATWIlIOIIT,~L.9.• '
fwt tlr..cnucwolx U,OU lLONDApCO. LAkO 9UItY EY00 FN. 0)p0
WEST 9lh STP.EET
I
I ~
I.~
F
;~
'<
The above dimensions have been obtained from the On`ner/Seller and are
deemed L•o be reliable, but should be verified independently.
Mr. Haines introduced himself to the board and stated that he desired to extend the
existing garage out in line with the front of the main pars: of the residence. Due to the
curvature of the property line at a cul-de-sac, the proposed construction will encroach the
front yard setback by three feet.
The chairman informed the applicant that he could withdraw his request and reapply
with a different plan for the board's consideration but if the board denied the variance it
would be for a one year period before he could reapply. Mr. Haines declined to do so.
After discussion, and the board determining that an alternative exists even though
not as cost effective, Mr. Frohwein moved to deny the request. Mrs. Walker seconded the
motion and the variance was unanimously denied.
VI. Application for Use-by-Exception filed by Ted and Debra Jackrel to operate.
a distributorship office for paratransit vehicles at property located at 58 West 9th Street.
Mr. Jackrel introduced himself and explained that he operates a distributorship of
vehicles designed for handicapped users. He stated that the business does not generally
sell vehicles at retail but are stored on site and sold wholesale. The principal use of the
property is to be office space for staff but ause-by-exception is required because of the
sale of vehicles. He indicated that the property adjacent and due west is the location the
completed vehicles will be stored prior to sale.
Mr. Jackrel stated that approximately fifteen vehicles would be stored at the
property and the area fenced in and no repair work would take place at the property. He
stated that at present there are five employees which may increase to six or seven but the
parking in the front of the building is adequate for their personal automobiles with six
spaces being available.
The chairman expressed concern regarding lighting and dust problems as well as
hours of operation since the property is adjacent to residentially zoned property. The
applicant expressed willingness to comply with requirements with regard to those issues.
Mr. Worley explained that the applcant would be required to comply with approprate
zoning requirements including a wall or fence separating the residential property as well
as lighting and landscape requirements.
After discussion, Mr. Wolfson moved to recommend to the City Commission that the
use-by-exception be approved subject to the following:
1. That there would be no lighting that would intertere with the residences
imediately adjacent to the property;
2. The hours for conducting business would be from 8:00 a. m. to 6:00 p.m. on
'~ weekdays and Saturdays with no business conducted on Sundays.
3. There be a fence constructed that would not be offensive to the residents
immediately adjacent to the property, i.e., a finished fence on the resident's side.
4. That the parking lot be completed allowing proper drainage and minimum
dust.
5. That there be no more than 20 vehicles stored on the property.
Mrs. Pillmore seconded the motion. Mr. Frohwein moved to amend Mr. Wolfson's motion
to include that the automobiles be stored in a fenced area and the use-by-exception be
granted solely to the applicant. Mr. Wolfson further amended his motion and Mr.
Frohwein's amendment to include removing the septic tank drain area, level the property
and include in fenced area for storage purposes. Mrs. Walker seconded the amended
motions and the board voted unanimously to recommend approval of the use-by-exception.
V. Application for Variance filed by Carlos Fraticelli and Barbara Robinson to
construct a roof over an existing nonconforming deck at property located at 230 Magnolia
Street.
Mr. Fraticelli introduced himself and stated that a screened deck was constructed
in 1991 which encroached the side yard setback line. The enclosure was permitted in
error with the encroachment showing on the approved drawings. He stated that he did not
realize a problem existed until recently when applying for a permit to place a roof over the
structure.
Barbara Robinson, co-owner of the property, introduced herself and stated that it
was not their desire to alter the structure but simply cover it with clear plastic.
After discussion, Mr. Frohwein moved to grant the variance provided that the
screened structure not be enclosed with walls in the future. Mrs. Pillmore seconded the
motion and the variance was unanimously granted.
VI. Application for Variance filed by Clinton Burbridge III to construct a 6-foot
fence on the west property tine of 270 6th Street.
Mr. Burbridge introduced himself and explained that his property is located on the
southeast corner of East Coast Drive and Sixth Street and desires to construct a 6-foot on
the that portion of his property. He stated that there is extreme traffic noises at the location
and presently has a 2-foot fence. On corner lots the secondary street front setback is 15
feet thereby reequiring fences within that area to be 4 feet or less in height. He presented
pictures of the property to the board and stated there were other fences in the area which
are in noncompliance.
The Chairman mentioned various solutions inGuding widening the road, one-way
direction and speed bumps. He stated that if a variance was granted it would create a
'"~"" dangerous line of sight situation at the intersection. He stated that the whole situation of
traffic and solutions should be studied by the City.