11-10-97CITY OF ATLANTIC BEAC:H
COMMISSION MEETING - November 10, 1997
AGENDA
Call to order
Invocation and pledge to the flag
Approval of the minutes of the Regular Commission Meetings of November 4, 1997
2. Recognition of Visitors:
Unfinished Business:
A. Discussion and possible action in connection with construction of a city greenhouse
(Mayor Shaughnessy)
B. Howell Park Review Committee report and action, if required, (Commissioner Borno)
4. Consent Agenda:
A. Acknowledge receipt of monthly reports from Building, Code Enforcement, Fire and
Recreation Departments; also report of new occupational licenses issued in October
1997 (Department Heads)
5. Action on Resolutions:
A. Resolution No. 97-41
RESOLUTION OF ESTEEM -Elyse Weintraub (Commissioner Meserve)
B. Resolution No. 97-42
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, SUPPORTING AN AMCNDMENT TO ARTICLE VIII,
SECTION 2(a) AND (c) OF THE FLORIDA CONSTITUTION (City Commission)
C. Resolution No. 97-43
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, OPPOSING
S 1256, ALSO KNOWN AS THE CTTIZENS ACCESS TO NSTICE ACT OF 1997
(Mayor Shaughnessy)
D. Resolution No. 97-44
A RESOLUTION TRANSFERRING CERTAIN MONIES BETWEEN FUNDS
(Contribution of $2,000 to Town Center Brickfest, approved by the City Commission
September 22, 1997 and $15,000 contribution to Town Center improvements
approved October 27, 1997) (City Manager)
6. Action on Ordinances:
A. Ordinance No. 80-97-60 -Public Hearing
AN ORDINANCE OF THE CITY OF AT]ANTIC .BEACH, AMENDING
CHAPTER 22, UTILTTIES, ARTICLE II, WATERWORKS SYSTEM, SEC. 22-27,
r--, CHARGES FOR WATER SERVICE, SUBSECT:fON (2), CUSTOMERS OUTSIDE
THE CITY, AND ARTICLE III, WASTEWATER SYSTEM, DIVISION 7, SEWER
Page Two AGENDA November 10, 1997
USER RATES AND CHARGES, SEC. 22-166, ESTABLISHMENT OF A
MONTHLY BASE CHARGE, SUBSECTION (t=), CUSTOMERS OUTSIDE THE
CITY, AND SEC. 22-167, SCHEDULE IMF WASTEWATER VOLUME
CHARGES, SUBSECTION (b), CUSTOMERS OUTSIDE THE CITY, TO
EXEMPT FEDERAL, STATE AND LOCAL GOVERNMENT SUBDIVISIONS
AND AGENCIES FROM PAYING OUTSIDE RATES, AND PROVIDING AN
EFFECTIVE DATE (Commissioner Meserve)
7. New Business:
A. Action on an request filed by Mr. & Mrs. Louis Keith to appeal to the City
Commission as Board of Appeals, to rule on the Building Official's interpretation of
the Standard Housing Code
B. Authorize Change Order No. 1 for addition of sewer repairs to the Saratoga/
ForrestaVBelvedere Streets Utility Improvements in the amount of $+49,170.00, and
associated time extension, and authorize the Public Works Director to sign the
Change Order (City Manager)
C. Approve 9-1-1 Agreement with the City of Jacksonvilte and authorize the Mayor to
sign the agreement (City Manager)
D. Authorize the Mayor to sign document verifying that the City of Atlantic Beach has
~ an Equal Employment Opportunity Plan in compliance with federal and state
guidelines (City Manager)
E. Approve Change Orders and authorize payment to the contractors for CDBG housing
rehabilitation (City Manager)
8. City Manager Reports and/or Correspondence:
9. Reports and/or requests from City Commissioners, City Attorney and City Clerk
A. Report relative to Mayport Waterfront Partnership (Commissioner Meserve)
Adjournment
ff any person decides to appeal any decision made by the City Commissior:. with respect to any matter considered
at any meeting, such person may need a record of the proceedings, and., for such purpose, may need to ensure
that a verbatim record of the proceedings is made, which record shall include the testimony and eyjdence upon
which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to
the City Clerk prior to the meeting. For your convenience, forms for this purpose aze available at the entrance
to the Commission Chambers.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with
disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00
PM, Friday, November 7, 1992
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEIMINOL
ROAD, AT 7:15 PM ON MONDAY, NOVEMBER 10, 1997
PRESENT: Suzanne Shaughnessy, Mayor
Richard Beaver
Mike Borno
John Meserve
Theo Mitchelson, Commissioners
AND: James Jarboe, City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerk
given by City Manager Jarboe followed by the Pledge of Allegiance to the
Flag.
1. Approval of the minutes of the Regular Meeting held
hvember 4,1997.
Motion: Approve minutes of the Regular Meeting held
November 4, 1997.
The motion carried unanimously.
2. Recognition of Visitors:
William McGee of 1831 Selva Marina Drive inquired regarding installation
of the culvert on Atlantic Boulevard and suggested that a larger culvert be
installed to eliminate blockages in that area. Mr. McGee stated the City of
Atlantic Beach needed to set an example by keeping its outflows to the north
and south in top shape; and consideration should be given to the use of
elliptical shaped pipes, as opposed to round, and installation of lift :stations
sump pumps in the Howell Park and the golf course areas.
In honor of Veterans Day, Mr. McGee presented the City with a new flag an
asked that it be flown at the Adele Grage Community Center. Mayor
Shaughnessy thanked Mr. McGee for his gift.
Ann Murphy of Media One presented a check in the amount of $5,000.00 to
be used to promote city events. Ms. Murphy explained the money 'was bein
given as part of their franchise agreement with the City and requestf;d she be
informed as to how the money will be spent because Media One maybe able
to help the City promote the event through the public access channel.
V V
O O
T T
E E
s s
M S
O E
T C
I O Y
O N E N
COMMISSIONERS N D S O
BEAVER X
BORNO X X
MESERVE X X
MITCHELSON X
SHAUGHNESSY X
d
Minutes Page -2-
,~ November 10, 1997
Ms. Murphy reported that a team of women bicycle riders were riding from
San Diego, California to Jacksonville to raise funds and promote breast cancel
awareness and the women were expected to arrive on December 3, .1997. Ms
Murphy further stated she was tentatively planning a welcoming event for the
group on or around that date at Town Center and asked if the Mayor- would
take part.
Mayor Shaughnessy, on behalf of the Commission and citizens, thandced Medi
One for the check asked that Ms. Murphy keep her informed of the welcomin
event so she could participate.
3. Unfinished Business:
A. Discussion and possible action in connection with construction of a cit
greenhouse (Mayor Shaughnessy)
Mayor Shaughnessy explained that former Mayor Fletcher who proposed
constructing a city greenhouse, was unable to attend tonight's meeting and
Mayor Shaughnessy requested that discussion be deferred until the next
meeting.
Motion: Defer Commission discussion and possible action
concerning the construction of a city greenhouse until the
November 24, 1997 Commission Meeting.
Mayor Shaughnessy gave each Commissioner a copy of a memo from Jody
Richards who operates East Coast Greenery, Inc., which is attached and made
part of this official record as Attachment A.
Mayor Shaughnessy explained that since this item was on the agenda, she
would allow public input at this time and called for comments.
Barbara Bonner stated she would like the Commission to consider using a
plot of land to grow alternative "native plants" which do not require a
greenhouse. Mrs. Bonner further stated the beach access areas on FJeventh
and Thirteenth Streets were landscaped with native plants and invited the
Commission to view the plantings.
J.P. Marchioli of 414 Sherry Drive concurred with Mrs. Bonner and stated he
did not favor a greenhouse because of the expense and on-going maintenance
involved.
ObIMISSIONERS M
O
T
I
O
N 5
E
C
O
N
D
Y
E
S
N
O
BEAVER X
BORNO X
MESERVE X X
MITCHELSON X X
SHAUGHNESSY X
Minutes Page -3-
..,.:_ November 10, 1997
There being no further comments or discussion, the motion carried
unanimously.
B. Howell Park Review Committee report and action, if required
(Commissioner Borno)
Commissioner Borno reported the Committee was hard at work and', would
have their report to the Commission by December 8, 1997.
4. Consent Agenda:
A. Acknowledge receipt of monthly reports from the Building,
Code Enforcement, Fire and Recreation Departments; also
report of new occupational licenses issued in Octobel• 1997
(Department Heads)
Motion: Receive and acknowledge Consent Agenda items as
presented.
~.
There was no discussion and the motion carried unanimously.
5. Action on Resolutions:
A. RESOLUTION NO.97-41
RESOLUTION OF ESTEEM -Elyse Weintraub
(Commissioner Meserve)
Motion: Adopt Resolution No. 97-41.
Mayor Shaughnessy read in its entirety the Resolution praisin the
accomplishments of Fire Safety Specialist Weintraub. Mayor
Shaughnessy complimented Miss Weintraub and presented her the
framed document.
Commissioner Meserve, Director of Fleet Landing, recognized Miss
Weintraub for her fire inspection service to the health care facility and
thanked her for a job well done.
,,.,, Fire Chief Ruley and Public Safety Director Thompson also
complimented Elyse on her work and wished her well in her new yob at
Coral Springs.
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
BEAVER X X
BORNO X X
MESERVE X
MITCHELSON X
SHAUGHNESSY X
BEAVER X
BORNO X X
MESERVE X X
MITCHELSON X
SHAUGHNESSY X
Minutes Page -4-
,.-. November 10, 1997
There being no further discussion, the motion carried unanimously.
B. RESOLUTION N0.97-42
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING
AN AMENDMENT TO ARTICLE VIII, SECTION :L(a) ANI
OF THE FLORIDA CONSTITUTION (City Commission)
Motion: Adopt Resolution No. 97-42.
Mayor Shaughnessy explained that the request for passage of the
Resolution to amend the State of Florida Constitution had come from the
City of Port Richey and would provide that the legislature could not
abolish a city without a referendum.
There was no discussion and the motion carried unanimously.
C. RESOLUTION N0.97-43
`'~ A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, OPPOSING 51256, ALSO KNOWN AS THE
CITIZENS ACCESS TO JUSTICE ACT OF 1997 (Mayor
Shaughnessy)
Motion: Adopt Resolution No. 97-43.
Mayor Shaughnessy explained the purpose of the Resolution was to
prevent passage of S 1256 which would facilitate litigation against local
government and undermine local zoning authority by allowing
developers to go straight to federal court after a permit denial by the
local authority, thus bypassing the local governmental entities in the
appeal process. It was also pointed out that if the legislation passed, the
city would be responsible to pay legal fees for the appellant, if they win
plus its own legal fees.
John Baillie of 1923 Beach Avenue stated he favored S 1256 and pointe
out the expenses involved in challenging current law.
City Manager Jarboe stated he liked to call the proposed legislation the
'~ "Big Developers Relief Bill" and it would take away local control by
allowing the appeal to go directly to federal court.
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
BEAVER X
BORNO X X
MESERVE X X
MITCHELSON X
SHAUGHNESSY X
BEAVER X
BORNO X X
MESERVE X X
MITCHELSON X
SHAUGHNESSY X
Minutes Page -5-
r-~ November 10, 1997
There being no further comments or discussion, the motion carried
unanimously.
D. RESOLUTION N0.97-44
A RESOLUTION TRANSFERRING CERTAIN MONIES
BETWEEN FUNDS (Contribution of $2,000.00 to Town
Center Brickfest, approved by the City Commission
September 22, 1997 and $15,000.00 contribution to T"own
Center Improvements approved October. 27, 1997)(C'ity
Manager)
Motion: Adopt Resolution No. 97-44.
City Manager Jarboe stated Resolution No. 97-44 put previous action by
the Commission into the proper documentation for transferrin€; funds.
There was no discussion and the motion carried unanimously.
6. Action on Ordinances:
A. ORDINANCE N0.80-97-60 -Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 22, UTILITIES,
ARTICLE II, WATERWORKS SYSTEM, SEC. 22-27,
CHARGES FOR WATER SERVICE, SUBSECTION (2;3,
CUSTOMERS OUTSIDE THE CITY, AND ARTICLE III,
WASTEWATER SYSTEM, DIVISION 7, SEWER USE]'~2
RATES AND CHARGES, SEC. 22-166, ESTABLISHMI?,NT
OF A MONTHLY BASE CHARGE, SUBSECTION (b),
CUSTOMERS OUTSIDE THE CITY, AND SEC. 22-167,
SCHEDULE OF WASTEWATER VOLUME CHARGES,
SUBSECTION (b), CUSTOMERS OUTSIDE THE CIT!~, TO
EXEMPT FEDERAL, STATE AND LOCAL
GOVERNMENTAL SUBDIVISIONS AND AGENCIES FROM
PAYING OUTSIDE RATES, AND PROVIDING AN
EFFECTIVE DATE. - (Commissioner Meserve)
Commissioner Meserve stated he wanted to withdraw the ordinance and defer
discussion to the Workshop Meeting on November 12, 1997.
Motion: Defer Ordinance No. 80-97-60 to the November 12, 1997
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
BEAVER X
BORNO X X
MESERVE X X
MITCHELSON X
SHAUGHNESSY X
BORNO X
MESERVE X
Minutes Page -6-
~-. November 10, 1997
Workshop Meeting for discussion only.
Mayor Shaughnessy read the ordinance by title only and opened the floor for a
Public Hearing.
Alan Potter of 374 Second Street informed the Commission that state law
allows cities to set rates and charge up to a 25% service charge for customers
outside of the city. Mr. Potter stated it does not differentiate between classes
of customers and he felt any discounts given to customers outside of the city
limits would be unfair since those people living inside the city limit;; would
have to make up the difference.
Since no one else wished to speak, the Public Hearing was declared closed.
After a brief discussion concerning the wording of the ordinance,
Commissioners Meserve and Borno withdrew the motion and second
respectively.
Motion: Deny Ordinance 80-97-60.
There being no further discussion, the motion carried unanimously.
New Business:
A. Action on a request filed by Mr. and Mrs. Louis Keith to appeal to
the City Commission as the Board of Appeals to rule on the
Building Official's interpretation of the Standard Housing Code
Building Official Don Ford stated the city adopted the Standard Housing Code
in 1989 and interpretation of the definition of "habitable room" from the code
was in question, resulting in the appeal to the Commission sitting as the Board
of Appeals. Mr. and Mrs. Keith do not believe their proposed addition was a
habitable room. Building Official Ford's memo dated November 5, 1997,
including attachments, are attached and made part of this official record as
Attachment B.
Lynn Keith of 1845 Tierra Verde Drive read a prepared statement and
presented supporting documentation indicating why they believed the
proposed sun room (enclosable porch) addition should not be considered a
habitable room. The supporting documentation is attached and made part of
this official record as Attachment C. Mrs. Keith pointed out that i f heating
was required in the room, then it would have to meet the State of Florida
Energy Code and because the proposed addition contains more than 50%
OMNIISSIONERS M
O
T
I
O
N S
F,
C
O
N
D
Y
E
S
N
O
BEAVER X
BORNO X X
MESERVE X X
MITCHELSON X
SHAUGHNESSY X
Minutes Page -7-
,,.., November 10, 1997
glass, it cannot meet the Energy Code.
Commissioner Mitchelson inquired as to the size of the room and was told it
was 352 square feet.
Commissioner Beaver inquired as to how the room would be used alld was tot
it would house a hot tub, exercise equipment and some chairs. He z.lso
inquired how the room was entered and was told it was separated from the
main house by an insulated sliding glass door.
The Commissioners then examined floor plans for the room presented by Mrs
Keith.
Much discussion ensued concerning the application of the Florida Energy Co
to the proposed addition.
Commissioner Borno asked Building Official Ford if the 50% statement was
true and Building Official Ford explained the use of insulated windows woul
allow the applicants to meet the energy requirement, however, the B:eiths did
not want to use this type of window.
Motion: Uphold Building Official Ford's interpretation of
the Standard Housing Code with regard to "habitable room" and
deny the request of Mr. and Mrs. Louis Keith of 1845 Tierra
Verde Drive.
Mayor Shaughnessy believed there was some ambiguities in The Standard
Housing Code, and questioned its intent. Mayor Shaughnessy point~,d out tha
the outside envelope of the existing insulated house had not changed and then
read Section 106.4.1 of The Standard Housing Code.
Commissioner Meserve inquired if there were any other recent additions
throughout the City which did not meet the code, and Building Official Ford
responded that there were none.
Commissioners Meserve and Borno concurred that the Building Official had
interpreted the Code the only way he could and the Commission colild not
bend the rules for the Keiths.
Commissioner Mitchelson stated he believed it was a minimal code applied t
a habitable room and agreed with Building Official Ford.
In conclusion, Mayor Shaughnessy stated it was a matter of interpretation and
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
BEAVER X
BORNO X X
MESERVE X X
MITCHELSON X
SHAUGHNESSY d
X
Minutes Page -8-
,,-, November 10, 1997
she believed that just because it had been interpreted that way in the past, two
wrongs do not make a right.
There being no further discussion, the question was called and the motion to
deny the request carried by a four to one vote with Mayor Shaughnessy voting
nay.
B. Authorize Change Order No. 1 for addition of sewer repairs to the
Saratoga/ForrestaUBelvedere Streets Utility Improvements in the
amount of +$49,170.00 and associated time extension andl authoriz
the Public Works Director to sign the Change Order
Motion: Authorize Change Order No. 1 for addition of sewer
repairs to the Saratoga/Forrestal/Belvedere Streets Utility
Improvements in the amount of +$49,170.00 and associated time
extension and authorize the Public Works Director to sign the
Change Order.
Assistant to the Public Works Director Jim Jacques explained that the
~^~ manhole had settled 1.5' vertically during the past twelve years causing
collapsed sewer mains twelve feet around the manhole.
Commissioner Borno inquired as to the cause of the collapsed sewer mains an
was informed improperly installed PVC pipe caused the problem.
Commissioner Mitchelson asked if the project would still come in under
budget after completion of the work in Change Order No. 1, and was told it
would come in under budget or at budget.
There being no further discussion, the motion carried unanimously.
C. Approve 9-1-1 Agreement with the City of Jacksonville and
authorize the Mayor to sign the agreement.
Motion: Approve 9-1-1 Agreement with the City of Jacksonville
and authorize the Mayor to sign the agreement.
Mayor Shaughnessy explained the agreement was basically the same; as in
previous years.
Commissioner Beaver inquired as to the annual percentage rate and the amo
'~' of money to be reimbursed to the city. Public Safety Director Thompson state
the rate had increased from 25% to 30% this yeaz and would reimbr~rse the ci
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
BEAVER X
BORNO X X
MESERVE X X
MITCHELSON X
SHAUGHNESSY X
BEAVER X
BORNO X X
MESERVE X X
MITCHELSON X
SHAUGHNESSY X
Minutes Page -9-
~ November 10, 1997
approximately $60,000.00.
There being no further discussion, the motion carried unanimously.
D. Authorize the Mayor to sign document verifying that the City
of Atlantic Beach has an Equal Employment Opportunit,~ Plan in
compliance with federal and state guidelines
Motion: Authorize the Mayor to sign document verifying; that the
City of Atlantic Beach has an Equal Employment OpporlCunity
Plan in compliance with federal and state guidelines.
It was explained this is a requirement to close out the Beaches Drug Task For
Grant and it verifies that the city has an Equal Employment Opportunity Plan
in compliance with federal and state guidelines.
There being no further discussion, the motion carried unanimously.
E. Approve Change Orders and authorize payment to the contractor
for CDBG housing rehabilitation
Motion: Approve Change Orders and authorize payment to the
contractors for CDBG housing rehabilitation, as recommended by
staff.
City Manager Jarboe gave background information on this item and explained
from now on the city would utilize the more restrictive purchasing procedure
of the City of Atlantic Beach which requires that change orders be approved b
the City Commission, as outlined in a memo from Community Development
Director George Worley, which is attached and made part of this official reco
as Attachment D.
There being no further discussion, the motion carried unanimously.
8. City Manager Reports and/or Correspondence:
City Manager Jarboe stated he may be making a request at the next
Commission Meeting regarding the Christmas holiday because
Christmas comes on Thursday this year.
City Manager Jarboe reminded everyone of former Mayor Fletcher's
appreciation party on November 16th and invited everyone to attend.
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
BEAVER X
BORNO X X
MESERVE X X
MITCHELSON X
SHAUGHNESSY X
BEAVER X
BORNO X X
MESERVE X X
MITCHELSON X
SHAUGHNESSY
X c
Minutes Page -10-
November 10, 1997
9. Reports and/or requests from City Commissioners, City .Attorney
and City Clerk
A. Report relative to Mayport Waterfront Partnership
Mayor Shaughnessy
Thanked Commissioner Meserve for his comprehensive report on the
Mayport Waterfront Partnership.
Introduced Daphne Schmidt, a planner with the City of Jacksonville
who has a Masters Degree in Coastal Planning and will be working
with the Partnership as the program manager.
Reported she may make additional appointments to the May~port
Waterfront Partnership at the next meeting.
Commissioner Meserve
Stated the written motion included in the Mayport Waterfront
Partnership report had been withdrawn and would be placed on the ne
Commission agenda.
Commissioner Beaver
Stated he traveled a great deal with his work and it would be easier fo
him to block off Mondays for city business. He then requested
Commission consideration of holding workshop meetings prior to
Commission Meetings or on the first and third Mondays of the month
whenever possible.
Mayor Shaughnessy
Stated she would like a Resolution of Esteem to be presented to Joam
Fletcher for her work with Town Center.
Requested that citizens interested in serving on the Mayport Waterfro
Partnership Committee contact her.
Requested that the Commissioners attending the Jean Ribault Chapter
~ of the DAR dinner contact Cecile Purcell.
Stated a Special Called Meeting would be held at 7:15 p.m., just prio
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
t
a
t
Minutes Page -11-
,.., November 10, 1997
to the Workshop Meeting on November 12, 1997, to consider the
sculpture for Bull Memorial Park.
There being no further discussion or business to come before the Commission,
the meeting adjourned at 9:02 p.m.
~. ., s ~~~ ~~ ~ ~ .~ ,e<r,
Suzanne Shaug essy
Mayor/Presiding Officer
ATTEST:
Ma ~ n n~~
City Clerk
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
L-
S
N
O
`~>~ . ,"
EAST
.COAST
~9 EENERY, INC.
- ATTACHMENT A
NOVEMBER 10, 1997 COMMISSION MEETING -
__
WHOLESALE GREENHOUSES. & NURSERY
TO: THE CITY COMMISSION
RE: GREENHOUSE CONSTRUCTION AND UPKEEP
AND PRODUCTION
THIS IS A FACT FINDING SESSION AND THE PURPOSE OF THIS
PRESENTATION IS TO,FROVIDE YOU WITH AS MANY PERTINENT
FACTS AHOUT THE GREENHOUSE INDUSTRY AS IS POSSIBILE IN
THIS SHORT SPACE.
TtiE NURSERY INDUSTRY IS VERY LABOR INTEN:iIVE AND OPERATES ON A
RELATIVELY LOW PROFIT MARGIN IN COMPARISON TO OTHER INDUSTRIES
WHICH DEMAND THE SAME Al40UNT OF LAND SPACE FOR OPERATION NEXT
TO THE RESTAURANT EUSZNESS IT IS THE R:LSKIEST ENDEAVOR ONE CACt
UNDERTAKE.
TtiE CIIRRENT PURCHASE ORDER ON FILE FOR ANNUALS FOR
TFlE C.TTY FOR TtiE WINTER SEASON IS S270.00. THE PROFIT ON TtiAT
SALE IS ABOUT $80.00. AT THAT RATE IT WILL TAKE. THE CITY ONLY 37
1/2 YEARS TO PAY FOR THEIR STRUCTURE. THIS IS HOFING THERE WILL
BE NO DISEASE OR LOSS OF ANY KIND AND THAT THERE WILL NEVER HE A
FREEZE, HURRICANE, HEAVY RAIN OR. WIND STORM.
THE CZTY OF JACKSONVILLE PURCHASES 90e OF THEIR FLOWER USE. THEY
MAINTAIN A GREENHOUSE WHICH IS CLOT MUCt{ IN USE AND CLOSED TfiEIR
OPERATION AT THE P FARM DISNEY WORLD„ THE LARGEST USER OF
ATINUALS IN FLORIDA CONTRACTS ALL OF ITS FLOWERS. THEY MAINTAIN A
CIURSERY ONLY FOR STORAGE AND PRODUCTION OF SPECIALTY ITEMS WHICH
ARE NOT COMMERCIALLY PRODUCED. SEA WORLD, ANOTHER MAJOR USER OF
ANCIUALS tiAD TO PURCHASE OVER 1 MILLION DOLLARS OF FLOWERS THIS
SFRING DUE TO TFiE FREEZE THAT HIT CENTRAL FLORIDA IN MARCH.
IN SHORT, MOST KNOWLEDGEABLE END USERS OF FLOWERS LEAVE THEIR
r"^ PRODUCTION TO THOSE WfiO ARE COMMERCIAL PRODUCERS.
1589 MAIN STREET ATLANTIC BEACH, FLORIDA 32233 TELEPHONE 904-246-3672
,..5 ~.
COST CONSIDERATIONS
1) $6,000.00 STRUCTURE. THIS. EQUALS $15.63 PER SQ.FT.
THE AVERAGE COST FOR A MEDIUM TO LARGE GP.OWER IS $8.00 TO $11.00
PER SQUARE FOOT FOR CONSTRUCTION. THE CI4°Y OF ATLANTIC BEACH HAS
BIDS AMOUNTING TO ALMOST DOUBLE WHAT IS INDUSTRTY STANDARD. THIS
IS DUE TO THE SIZE OF THE STRUCTURE.
2) INDUSTRY SALARY AVERAGES FOR A GP'.EENHOUSE MANAGER IN THE
SOUTHEASTERN UNITED STATES VARY BETWEEN $11.91 TO $17.00 PER
HOUR OR $24,772 TO 35,360 ANNUALLY. IN TEdE CITY'S CASE ONE PERSON
WILL HAVE TO MAINTAIN THE GREENHOUSE (DAILY UPKEEP), PLANT AND
GROW THE CROPS AND MAINTAIN THE CROPS IN THE LANDSCAPE WHILE
REPLANTING AT THE NURSERY FOR THE NEXT CROP. THIS DOES NOT TAKE
INTO CONSIDERATION ANY TREES OR SHRUBBERY' PLANNED FOR PRODUCTION.
INCIDENTALLY, TREE PRODUCTION TAKES ANYNiHERE FROM 4 TO 7 YEARS
AND SHRUBBERY PRODUCTION 2 TO 3 YEARS. FGR THE ANNUAL SALARY
OF A GREENHOUSE MANAGER THE CITY COULD BUY FLOWERS FOR 65.49
YEARS.
3) HEATING. 1996'S GAS SILL FOR 1 OF OUR 21,000 SQ FT RANGES
WAS $7,000.00. LAST YEAR WAS A MILD WINTER COMPARATIVELY. THIS
IS A $.34 PER SQ.FT. COST. THE CITY CAT! LOOK FOR COSTS IN THIS
RANGE.
4) POTENTIAL LOSSES. ALL NURSERIES EXPEP:IENCE LOSS. AN INDUSTRY
AVERAGE IS 5% OF PRODUCTION. IF THE CITY WERE TO LOSE ANY OF
IT'S PRODUCTION, THE COST TO OFERATE WOULD INCREASE
EXPONENTIALLY. NURSERY SUPPLIES ARE SOLD AND PURCHASED IN BULK.
A LOSS OF 20 PLANTS WOULD MEAN THE CITY HAS TO PURCHASE SEEDLINGS
OR PLUGS NOT ONLY ONCE BUT TWICE TO REPLACE So OF ITS LOSS.
THESE ITEMS REPRESENT A VERY SMALL ANAI,~YSIS OF WHAT IT COSTS TO
BUILD AND MAINTAIN A GREENHOUSE/NURSERY OPERATION. PERSONALLY, I
DO NOT THINK THE CITY IS IN A POSITION 'I'O PRIVATIZE A MINUSCULE
PORTION OF ITEMS PURCHASED PARTICULARLY NURSERY ITEMS WHICH
ARE. COMMERCIALLY .PRODUCED IN GREATER NUN4BER5 IN FLORIDA THAN IN
ANY OTHER STATE IN THE NATION.
RESPECTFULLY,
JODY RICHARDS,
. PRESIDENT
_ ATTACHMENT B
NOVEMBE'.R 10, 1997 COMMISSION MEETING
__ _ ._
__
AGENDA ITEM NO. 7~
Meeting Date: (~ _ ~~ " q7
AGENDA ITEM:
SUBMITTED BY
IIATE:
BACKGROUND:
RECOMMENDATION:
CITY OF ATLANTIC BEACH
CbTY COMMISSION-MEE"PING
STAFF REPORT
Appeal by Mr. and Mrs. Louis Keith
Board of Adjustment and Appeals
Don C. Ford ~C~
November 5, 1997
ATTACHMENTS: Memorandum to City Manager .
Standard Housing Code Section IOI.3
Standard Housing Code Section IOI.3.1
Standard Housing Code Section 106.4.1
Standard Housing Code Section 302.5
SBCCI Letter /Rvnnie Green
better from Neptune Beach
Utter from Jacksonville Beach
Chronology of Events/Keiths
REVIEWED BY CITY
MANAGER
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE (904) 247-5500
FAX (904) 247-5805
SIINCOM 852-5800
MEMORANDUM
November 5, 1997
To: Jim Jarboe, City Manager
Frnm: Don Ford,. Building Official
Re: Board of Adjustment and Appeals
The agenda for Monday, November 10, 1997 has a request from. Mr. and Mrs. Louis
Keith to appeal to the City Commission, as Board of Appeals, to rule on my
interpretation of the Standard Housing Code.
~'^ Mr. and Mrs: Louis Keith are requesting relief from the rf;quirements of the Standard
Housing Code_ IAdapted 6: t2-89) Specifically, they have stated they do not believe
the proposed room addition is a "habitable room".
In my review process. ldetermine-the. type of. structure,. the physical properties. nf. the
building and the specific parts of the minimum standard nodes that apply to the -
struct{~re.
The.proposed addition submitted.by the Keiths is an alteration of an existingstructure.
The screen porch is being enclosed, therefore, the Standard Housing Code and the
Standard. Building.Cnde were used.for the. plan review.
The Standard Housing Code is used for existing structures to ensure the minimum
facilities are in place, Le,.vkater~elentric„..heat,.eta _The_StandardHuilding_-C.ades.are
used to ensure all new construction is built to minimum ;>tandards. Section 101.3.1 of
the..Standard-Housiru3.Code"shall apply.ta all buildings or portions thereof, all
accessory structures or portions thereof located on residential, used or unused,
designedor intertdrrrltn.beused.fnr human habitation w: tlie.stotageof.materials
associated with human habitation." The key word in this section is habitation.. A
"habitable.ronm'.' as. defined in.thehousing code states "a space_in abuilding_for livjilg,
sleeping, eating or cooking. Bathrooms, toilet compartrrrents, closets, halls, storage or
utility space,.and..similar areas.are. nntcnnsidered habitable. space°_ ,Since. the. term
"sun room" is. natdescribed in.the code the building.affic~aLmust determine if the room
Jim Jarboe
Page two
November 6,.1997
is habitable or not_ To determine this. l select which type of. room is closest to the
design of the proposed room, i.e., the living, sleeping, eating, or cooking rooms
(habitable nr the bathroom, toilet compartments,. closet;;, halls,. storage,. nr utility space
(non-habitable). When comparing this room with other rooms, the closest comparison
would be a den,. family room, etc_ Based on.this conclusion the room. is-considered
habitable.
have. included the. aforementioned. code. sections. for your. perusal. I have. also
included the section of the Standard Housing Code (Sec;tion 106.4.1) concerning the
duties. nf. the Board of Adjustments. and Appeals.
Section 106.4.1 of the Standard Housing Code states the duties of the Board of
Adjustments and Appeals_ They are as follows:
1. To consider and determine appeals whenever it i:> claimed that the true intent
and meaning nf. this cede nr any of its regulations. have been. misconstrued nr wrongly
interpreted.
2_ Ta permit, in appropriate. cases where the applicaSion of the requirementaf this
Code. in the allowance of the stated time for the pertorm<ance of any action .required
hereunder would appear to cause undue hardship. on. any awnerr one nr mgre
extensions of time, not to exceed 120 days each, from the date of such decision of the
Board_ Applicationsfor additionalextensions..nf time shall be .filed with the Housing
Official not less than 30 days prior to the expiration of the current extension.
DCFlpah
Enclosures
CHAPTER 1
ADMINISTRATION
101 T1TLE AND SCOPE
101,1 Title
Provisions in the following chapters and sections shall constitute and be
known and may be cited as "The Standard Housing Code" hereinafter referred
to as "this Code".
101.2 Code Remedial
This Code is hereby declared to be remedial, and shall be construed to secure
the beneficial interests and purposes thereof which are public safety, health
and general welfare through structural strength, stability, sartitation, adequate
light and ventilation, and safety to life and property from fire and other
hazards incident to the construction, alteration, repair, removal, demolition,
use or occupancy of residential buildings and accessory stru~etures.
101:3:1' Tle`provisions of this Code shall apply to all buildings or portions
thereof, all accessory structures or portions thereof located on residential
property, used or unused, designed or intended to be used for human habitation
~ or the storage of materials associated with human habitation.
101.3.2 This Code establishes minimum standards for occupancy, and does
not replace or modify standards otherwise established for .construction,
replacement or repair of buildings except such as are contrary to the provisions.
of this Code.
101.3.3 Buildings or structures moved into or within the jurisdiction shall
comply with the requirements in the Standard Building Code for new buildings.
' `~`fi3'f "~~;~ti~€ti'1~ BtlildrOg3,,
101.4.1 Alterations, repairs or rehabilitation work may be made to any
existing building without requiring the building to comply with all the
requirements of this Code provided that the alteration, repair or rehabilitation
work conforms to the requirements of this Code for new construction. The
Housing Official shall determine, subject to appeal to the Board of Adjustments
and Appeals, the extent, if any, to which the existing building shall be made
to conform to the requirements of this Code for new construction.
101.4.2 Alterations, repairs or rehabilitation work shall not cause an existing
building to become unsafe as defined in 103.2.
101.4.3 If the occupancy classification of an existing building is changed,
the building shall be made to conform to the intent of this Code for the
new occupancy classification as established by the Housing; Official.
r"'^ 101.4.4 Repairs and alterations, not covered by the preceding paragraphs
of this section, restoring a building to its condition previous to damage or
deterioration, or altering it in conformity with the provisions of this Code
or in such manner as will not extend or increase an existing nonconformity
Standard Housing Code/®1991
302,E ak~e~tirtq F~c~Nties :;.
302.5.1 Every dwelling unit shall have heating facilities which are properly
installed, are maintained in safe and good working conditions, and are capable
of safely and adequately heating all habit~ible rooms and bathrooms in every
dwelling unit located therein to a temperature of at least 68°F (20°C) at
a distance 3 ft (914 mm) above floor level, under minimum winter conditions.
302.5.2, Where a central heating system is not provided, each dwelling unit
shall be provided with facilities whereby heating appliances may be connected.
302.5.3 Gas heaters listed for unvented use shall be permitted provided the
total input rating of the. heaters is less than 30 Btu per hour per cu ft (314
W/ m3) of room content. Such heaters shall be prohibited in bedrooms.
302.5.4 The use of any liquid fueled unvented heating appliance shall be
permitted in one and two family residences only, providing such appliance
is tested and listed by an approved laboratory according to requirements
of UL 647 (1984) and providing the fuel is stored in containers meeting
s ASTM ES-8 for kerosene containers.
302.6 Kitchen Facilities
Every dwelling unit shall contain a kitchen equipped with the following
minimum facilities:
I. Food preparation surfaces impervious to water and free of defects which
could trap food or liquid.
2. Shelving, cabinets or drawers for th~° storage of food and cooking and
eating utensils, all of which shall be maintained in good repair.
3. Freestanding or permanently installed cookstove. Portable electric
cooking equipment shall not fulfill this requirement. Portable cooking
equipment employing flame shall be prohibited.
4. Mechanical refrigeration equipment for the storage of perishable
foodstuffs.
EXCEPTION: Nothing herein shall preclude a written agreement between
an owner and tenant that the tenant will furnish mechanical refrigeration
equipment and/or a cookstove as required in this section. It shall be an
affirmative defense available to an owner charged with a violation of this
section if such an agreement exists.
302.7 Garbage Disposal Facilities
Every dwelling unit shall. have adequate garbage disposal facilities or garbage
storage containers, of a type and location approved by the applicable governing
body.
302.8 Fire Protection
A person shall not occupy as ownef-occupant nor shall let to another for
occupancy, any building or structure which does not comply with the
applicable provisions of the fire, prevention code of the applicable governing
body.
14 Standard Housing Code/®1991
106 HOUSING BOARD OF ADJUSTMENTS AND APPEALS
106.1 Appointment
106.1.1 There is hereby created by the applicable governing body a Board
to be known as the Housing Board of Adjustments and Appeals, which
shall consist of not less than three members appointed by the governing
body. The members shall be residents of the governed area. Members of
the Board shall be appointed for 3 year terms, except that on the initial
appointment, one shall be appointed for I year, one for 2 years, and one
for 3 years. Any one or more members of said Board shall be subject to
removal or replacement by the appointing authority at any time for cause
of stated charges after a public hearing before the appointing authority, and
a vacancy on said Board shall be filled by the appointing authority for the
unexpired term of such vacancy. The members of said Board shall serve
without compensation.
106.1.2 As soon as practical after their appointment, the members of the
Housing Board of Adjustments and Appeals shall meet and organize by
electing a Chairman, Vice-Chairman, and Secretary. Thereafter officers of
the Board shall be elected by the members at the first annual meeting of
the Board.
106.2 Meetings
The Board shall meet at regular intervals to be determined by the chairman
but in any event the Board shall meet within 10 days after notice of appeal
has been received. Reasonable notice of the place, time and date of such
meetings shall be given all the members of the Board and all interested parties
in each case to be heard by the Board.
106.3 Recards
Ali minutes of the Board meetings shall be public records and the secretary
of the Board shall keep all records and perform such additional duties as
the Board may deem proper.
r
106.4 Duties
106.4.1 The duties of the Housing Board of .Adjustments and Appeals shall
be:
I. To consider and determine appeals whenever it is claimed that the
true intent and meaning of this Code or any of its 'regulations have been
misconstrued or wrongly interpreted.
2. To permit, in appropriate cases where the; application of the requirement
of this Code in the allowance of the stated '•time for the performance
of any action required hereunder would appesi~ to cause undue hardship
on an owner, one or more extensions of time, not to exceed 120 days
each, from the date of such decision of the Board. Applications for
additional extensions of time shall be heard by the Board. Such requests
for additional extensions of time shall be 1~iled with the Housing Official
not less than 30 days prior to the expiration of the current extension.
11/05/97 08:24 FA% 1 205 582 7001 SBCCY B&13i.AL
X001
~G ~~~V L i.J ~~in9
~
~ Fl~V 41991 congress -
~ International
® City of Atlantic Beach Inc.
S,~'~,,;°~ Building and Zoning Preshtentand
Amarrn'e Chairman of the Board
Medd Coda ~ Larry 0ea
NOVembef 5, (997 Building Director
Starkville, Mississippi
Vise PreeitlaM
Mt. Don C. Ford, C.B.Q. Nick D'Andrea, Jr., CBO
City of Atlantic Beach o veiopmen se~n,ices
(100 $ernirwle Road Tampa, Florida
Atlantic Beach, Florida 32233-5445
Boars of Oheeicre
B
Re: 1991 Standard Housing Code Cniet of ns~clione a
d
Station 202 - Definitions Code Enforcement Division
{Habitable Room) Columbus, Georgia
Frank P. Hodge. Jr., GBO. CEAP
Director of Inspection
Dear Mt. Ford: Hilton Heaq Island, $enai Carolina
Donny Phipps, CBO
The 1901 Standard Housing Code defines a habitable room as "a space in a building ivr fiving, Director of Inspector
eating, or cooking. Bathrooms, toilet compartments, halls, storage or utility space, and similar cwumaa, south carosna
areas are not considered habitable spat:e.° Whether a room that has a solid shingled roof, oominic Sima, cBo
three wails with mostly operable gWss doors and windows, and is attached d~ a single famiry Executive Director
,.-~ hams, is to be considered a habitable room depends on the intended use o#that room. Palm Beach county, Fmdda
Tim Ward
NVe are pleased tO provide you with the opinions stated herein. it should tie noted, however, Code Enrorcement Administrator
that the ftnat interpretation is the responsibility of the local building official. yak Ridge, Tennessee
Immedute Past President
Sincerely, Jimmy T. Pollarq, CBO
BuUtllrq Official
Opelika, Alabama
q ~1
~~~~ J~ v a'v-Ai
Chief executive Officer
Ronnie K. Green William J. Tangye. PE
Associate Staff Engineer Headquarters Office
900 Montclair Roatl
RKG/aS Binningtwn, Alabama
35213.1206
205.591.1853
Fax: 205582.7001
TDD: 205599.8742
SoWhweat RegionalOlfiee
9420 Research Boulevard
Echelon OL Slide 150
Austin, Texas 78759
512-346-4150
Fax: 512-346-4227
Southeast Regional Otnea
0303 VineWntl Road, Suite P-7
Ddando, FMdda 32811
407.648-9632
Fax: 407.648-9702
(:astern Aegionat titrioe
1200 Woodruff Roeq, Suae 6.26
GreemAMe, South Carolina
29607-9443
(164.281.1006
Fax:864-281.1030
Ton tree order number: (rise) 446BCC1 • Noma papa: Mtp:/Avww.et2ei.org • Eynap: into@atwcLorp
Nov-05-97 04:44P N2ptuntx Beach Building 8 P.O1
City Of ~ e:v ~,
Neptune Beach ~ ,~,,:
116 First Street Neptune Beach, Floritla 32266-6140 •'•'<oatQ*•
(904) 270.2400 • FAX (904) 270-2417 • Suncom 852.2400
November 5, 1997
VIA FAX :247-5877
Mr. Don Ford, CBU
Buildiag Official
City ofAtlantic Beacit
800 Semtnoie Road
Atlantic Beach, FL. 32233
Dear Don,
I am writittg this letter per your rc;quest to clarify which, codes relevant to buildings and building
coastntction have been adopted by the City ot'Neptu~ beach.
,,~,* The following cvdes have been adopted and azc in effiect by the City of Neptune Bc~ch:
1) Article TI, seMion 8-26 : The Standard Building Code, t 994 edition by the SBCCI
2) Article 11I, sedioa 8-46 : `1'he Natiottal Electrical Cc+de, 1993 edition by the NFPA
3) Article iV, section 8-166 : The Standard Phunbirtg Code, 1994 edition by tire: SBCCT
4} Article V, section 8-181 : The Standard Meahanieal Code, 1994 edition by the S13CC1
5) Article Vt, section 8-206 : The Standard Uas Code, 1994 edition by the SBCCI
6} Article XI, sect~n 8-342 ;The SS1'D ! 0 - 93, 1994 edition try the SBCCI
7) Article X11, section 8-352 : T7tc CABO One and Two Family Ihvelling Code, 1992
edition by the CA130 (SBCCI
8} Section 10-1(a) :The Standard Fire Pmvention Code, 1994 edition by the SBCC!
9) Section 10-1(b) :The Life Safety Code NFPA 101, ! 98R edition by the NFPA
i hope this clears up any questions you tnay have, and if 1 can b+a of any further assistance please
do not hesitate to call.
Sincerely„
'1~L/-s
J han C. Bays, 13U
ildirtg andLotiittg UIT~ial
_. ... r. -..-_ ..a.. wz -:. ~-.. .. u.~ ...... auu v
ti~_
-~~"~`~ o7a~J~ota~it~e ~c~a~li
i~~ ELEVEN NCR'tH 7HIR0 STRE£T JACKSONVILLE BEACH. FLOti1DA 92250
MEMORANDUM
TO: Don Ford, Atlantic Beach Building Official
FROM: Jud Spence, Code F_nforcement Inspector
DATE: November b, 199?
. RE: Opinion Reversal -
On Friday, October 31, 1997, I was asked by Ma. Lynn Keith whether or not an enclosed
porch needed to meet Florida Energy Code Requirements.
Based on the information she provided me, she was told that no energy code requirements
would be made.
As a result of additional information you provided to ase end review of plans submitted to
your office, I have reversed my opinion given to Ms. Keith.
I telephoned and spoke to Ms. Keith at 9:D0 am, today, November 6, 1997, I explained
that due to insufficient information she provided, she was given an opinion that Pm now reversing
after review of more complete data. The enclosure of the porch as descnbed on the submitted
plans would require that energy code requirements be met.
,z
r ~~~
~`
~-
~~,.. ';\
i' ~ ~xr~-TI~N~ NoUSI~
_:, ._.;
~I
I -~
~ -,
~' ~ _ . ___
/lam Ma-r~}! Fx,n,!.;. r-=5:;
... ~IZ~ -
`t' '{' I1~ c.FJ.:~ <.ipi lam:.
1 '
r.~
~~
i ~ ~~
ICI =r l a,. _,
DUbR c?4(~S,
~i~HT-; 5~n~ ~ ~. ~. Vr~TI6~
__ ~
~~%L__
`f
^4.-. '~
/~L ~
Yi ' r~
~;
~~
°i
I
oN~ w:1~
EYE v~C.,
// /... ~_ ~r ILL r~
.,,,
~ ' FC ~ -- f ._ .. _..
I _ ~,; -
,.
~i /" '
~;:_ ~
\ \\. _
~-
/ ~ ~' \~~
.~i
,/ ~`
~ /~ %
T- ~ ~ / ~
~~
~i i. i
.i
i \ ~"cE7ui` TRIM t V/tNi% t{
~ P/b~2. ~.n'.:'s'
ARtN!1~C1UK/I,. SFii:+:~a~`~ ----
YIP'Cr': E.C~4?Il.n (i+KFi~L 4i~'
1~•V dF P~ t CSJriFZr~H
POV;[;~iN ~ •
vI
~~;
-~ ;
<~;I4 r(iGY! ~,d'1:!'i0f) SL%+F, NG-'t ,
~~0 nits /.~:. ~~.~ N (r
t.~ .~ l _ ~
.,
\j~~ Iz Iz
,5 ~' -- _ -~-\ 5
_ _
I _
_ .......
''~
~- I!--
~__ ==
~.w. --__-=-_ ==i _
=s-- --~`
~- ~ ~
__ ~>!
___ ._ '~M .__
e;
:~
II.4j1 EdYE AIf, 'i-N~
!'* 6.eliti NL Ii7U
~'-
-_ 5E
_
~
~ ~
_~ ~
,~
I
~
-"~ ~rl tid N I
i,
I
JI
~!
T
~;
-a 1 ~
~'
r 1
` ~
~
--- --~
.J ~ . ~ _ __,_T__.
'~ ~ l V 1
i ti 6
r 1 ~ ~ F 1il
1
U
~ ~ t _ S ~ ~
v
11 /
~~ L\~ ~._
\ `~
i ,~
~,
;~
\~
~\ '~~
'~
~,,
\ .',,
~' \\
\`i
\~, `\~.
;'
~ ~A
• ~ N.
~~-
'~'
`~
i
/i
(•
i~
~,
i
~ 3
1
I ~
,~^~
v
}
~~
~.j j
~#
~~
~~
~--
r^^^~
l
i /i
lip l%
iJ /!
,i
~,
,~ ~,,
'~:\ ~.~ .
:~. ~\\c
\. ~ it L
L,
f1 j u
-;
v~ w ~)
_ W ~ ?,~
' ~ I
.3
-~ ..
~>
^'i ~
~.
h r~
z
'.s;
J ?,
.,; ~ '~
.yv ..._
4-- ~'- ~n
"1 ~' ~~
~~
a '. L.
J a+ e,
,y~
'i
~~
~.~
~'.
~`
__..!
~1
~~ ~
~,
V
``~
1.1.1.
~,
~:~
F--
ty
1..
i~
C
V1
a
e
1.
_' ~
~ 1
~
~
~ ;}
~-
V~ i
~
V u ~ ~ `
,
C
E 1-- • i ,r
1~
1
k
`~ ' \n
Cis
J -;
V~ O
~__
v ~`~
~ ~
V '
1.
~. J
:j ~~
'~ .t
.;'}
SL.
V
*.,'
f `~,
_~.
~/.
.)
\-
il
c
~~
~-
e 'G+ a
' ~ ATTACHMENT C
NOVEMBER 10, 1997 COMMISSION MEETING
October 30, 1997
To: Atlantic Beach City Clerk
800 Seminole Road
Atlantic Beach, FL 32233-5445
Dear Sir or Madam:
On October 30, 1997 my wife and I were denied a building permit to build
a sunroom addition onto our residence at 1845 Tierra Verde Drive. Reason
given for the denial was that the sunroom as designed does not comply with
the Florida Energy Efficiency Code.
As follow-up to my conversation of October 30, 1997 with Mr. Jim Jarboe,
Atlantic'Beach City Manager, I would appreciate it if an appeal of this ruling
could be made an agenda item at the November 10th meeting of the Atlantic
Beach City Commission.
Prior to the meeting we will submit to you what we believe are pertinent
documents supporting and bearing on our appeal. In brief, however, the
situation is this: Blueprints which were drawn and submitted were for an
enclosable sunroom (all screened windows and sliding glass doors) to take
r-~, the place of an existing totally screened porch. Addition of sliding windows
and sliding glass doors was to allow the space to be closed off in the event
of rainy weather. As there was never any intent to heat or cool the space
other than by two ceiling fans (which are specifically exempted from the
Code) the room did not fall under the Energy Code.
The Atlantic Beach Building Department has advised that if any space is able
to be enclosed, it becomes a "habitable room" under their interpretation
of that term in the local Atlantic Beach Housing Code, and the space must
therefore be heated, as required by that Code.
The definition of "habitable room" in the Housing Code is as follows:
"A space in a building for living, sleeping, eating or cooking. Bathrooms,
toilet compartments, closets, halls, storage or utility space, and similar
areas aze not considered habitable space." (Emphasis added.)
The State of Florida Department of Community Affairs., Codes and Standards,
which administers the Florida Energy Code, advises .that there is no question
that the Energy Code does not apply if a room is neither heated nor cooled
by energy-using mechanical means. That, after all, is the ultimate energy
efficiency. They do say that if a municipality, by local ordinance, forces
its residents to heat an enclosable porch, however, then that energy usage
then requires the room to comply with the Energy Code.
We have spent over $650 in having blueprints drawn up for a non-heated or
cooled sunroom which we can use to house our hot tub, various exercise
( 1/
-2
equipment and plants. The room is basically an enlarged version of the same
screened porch we have enjoyed for the past twelve years, but with the added
ability to close it off during blowing rainstorms. Since the room as designed
cannot be energy efficiently heated because of having too much glass, if
we decide to continue with this project we will have to have another set
of blueprints drawn to drastically cut down on the window-space and "openness"
of the room. The whole character of the room we have enjoyed for the past
twelve years and wanted to continue to enjoy--with the mere addition of
closable windows--will change.
We believe that in Atlantic Beach, Florida, where the mean temperatore is
68°, and where a dwelling unit already has primary living spaces (living
room, bedrooms, dining room, kitchen) which are properly heated and which
its residents can retreat to during our brief periods of intense cold, that
such auxiliary living spaces as garages, sunrooms, recreation rooms and
enclosable porches should not be considered "habitable rooms" under the local
Housing Code., and therefore not be required to be energy wasteful by being
heated.
We believe that our auxiliary enclosable sunroom is no more a "habitable
room" than is our enclosable garage/workshop; and that both were intended
to fall under the "similar areas are not habitable space" portion of the
above definition in the Housing Code. We believe, in short, that there is
enough flexibility in the definition for an interpretation to be made which
utilizes common sense and good judgement.
Respectfully,
~!
Louis and Lynn Keith
1845 Tierra Verde Drive
Atlantic Beach, FL 32233-4527
P.S. As additional information, on the morning of October 31,.1997 contact
was made with the following officials in the following municipalities/
counties to see if they have also adopted the SBCC:C Housing Code and if they
interpret an enclosable porch/sunroom to be a habitable room requiring
heating. Like Atlantic Beach, all cities and counties contacted have adopted
the SBCCI Housing Code. None interpret an enclosable porch/sunroom to be
Art Barthlow
Jacksonville Building & Zoning Plan Reviewer
(Also, Jack Peeler, Bldg. Insp, Supv., of that Department)
Jud Spence
Jacksonville Beach Code Enforcement Officer
~,
_~
Tony Outland
Plan Reviewer, St. John's County (Ponte Vedra Beach, St. Augustine)
Jon Hays
Neptune Beach Building Official
All of the above individuals advised that they had no problem with our using
their names in this regard or quoting them that they and their counties/
municipalities did not interpret the SBCCI Housing Code to require that an
enclosable porch/sunroom be heated.
cc: City Manager
City Attorney
CHRONOLOGY OF EVENTS
KEITH APPLICATION FOR BUILDING PERMIT FOR SUNROOM ADDITION
Tues., 10/21/97 - Homeowner applies for permit to co~astruct sunroom addition
onto residence. States on permit application that sunroom addition will
not be heated or cooled. Professionally prepared blueprints submitted with
the application show planned installation of two ceiling fans but no systems
or components indicating future installation of heating or cooling equipment.
Wed., 10/22/97 - Homeowner is advised that Form 6000--93, part of the Florida
Energy Efficiency Code for Building Construction, must be completed before
the permit can be issued. Homeowner explains that Form 6000-93 clearly states
that it is only dealing with conditioned space, and that there is no intent
to heat or cool the enclosable sunroom, only ventilar_e it with ceiling fans,
which are exempt under the Energy Code. Mr. Ford advises that because the
existing screened porch is now being made an enclosed space, the Florida
Energy Code requires it to be heated and cooled. He explains that this is
because if the windows on the room were closed, that this would heat up the
space in the room to such an extent that the central air conditioner cooling
the rest of the house would have to work harder, thus wasting energy.
Homeowner responds that by that logic, every enclosed garage in Atlantic
Beach would have to be heated and cooled under the Energy Code. Homeowner
asks to see the Energy Code reference which states that all enclosed spaces
have to be heated and cooled. Homeowner is provided with 1 page document
which appears to be a reference from Section 553 of i:he Florida Statutes.
Thurs., 10/23/97 - As the information provided by Mr„ Ford did not appear
to reflect any requirement to heat and cool an enclosed attached sunroom,
Homeowner calls Department of Community Affairs in Tallahassee (promulgators
of the Florida Energy Code) for clarification of Enex•gy Code requirements
in connection with an enclosed sunrooom. Homeowner i.s advised that Mr. Ford
is incorrect in his interpretation; that there is no requirement in the Energy
Code that a space be heated and cooled -- that the Code is applicable only
if the space is going to be heated and cooled by separate mechanical means.
The Department advises that some Building Department:>, to cover themselves,
like to have something in writing in their files from the homeowner
specifically stating that the addition will not be heated or cooled.
Department of Community Affairs faxes 3 pages to Homeowner to document their
interpretation of the Code.
Fri., 10/24/97 - Homeowner prepares and submits letter to Building Department
advising that there is no intent to heat or cool the addition by separate
heating or cooling systems, along with 3-page fax from Dept. of Community
Affairs explaining correct interpretation of Energy Code application.
Upon turning in this information, Homeowner is now advised by Building Dept.
-2-
employee that even if the State does not require it, that there is a "local
code" requiring heating and cooling of the addition. Upon asking for a copy
of the local code, Homeowner is told it will have to be furnished by Mr.
Ford upon his return from vacation the following Tuesday.
As this is the first time any such "local code" has been mentioned in
connection with heating and cooling. the enclosed sunroom, Homeowner speaks
briefly with Mr. Jim Jarboe, City Manager, on this date, outlining the
situation and providing him also with a copy of the faxed material from the
State and the letter reiterating Homeowner's non-intention to heat or cool
the space. Mr. Jarboe was unfamiliar with the specific local code the
Building Department employee had referred to, but promised to set up a meeting
about the matter with the Homeowner, City Attorney Jensen, Mr. Ford and
himself when Mr. Ford returned from vacation the following Tuesday. Homeowner
is told he will be contacted Tuesday with the time and date of the meeting.
Tues., 10/28/97 - Homeowner, working away from his office, calls City Manager
Jarboe to find out status of meeting. Homeowner is told that he should have
received another fax from the State at his office advising that a local code
which requires heating of the addition would require compliance with the
Energy Code. City Manager Jarboe advises that he has spoken with City
Attorney Jensen about the matter, that it is up to Mr. Jensen's interpretation
of the local code, and that he would get back with Homeowner the following
day concerning when a meeting could be held.
~' Homeowner returns to office and retrieves second fax from Dept. of Community
Affairs in Tallahassee, which states that Energy Code compliance is clearly
not necessary for an unconditioned building or part thereof, but that Mr.
Ford has called and advised them that Atlantic Beach has a "local code"
requiring that the space be heated. Such required heating would mean that
energy would have to be used, which would thus make the addition have to
comply with the Energy Code. In a follow-up conversation with Mr. Randall
Talley, author of both faxes, he apologized for having to send the second
fax, stating that it simply hadn't occurred to him that any municipality
in Florida could possibly have a local ordinance requiring that a enclosed
porch/sunroom be heated; that up until Mr. Ford had called him, he had never
heard of such a thing.
After receiving the second fax, Homeowner again requests a copy of the "local
code" referred to by Building Official Don Ford. Homeowner is furnished
with page 1 and page 14 of what is referred to at the bottom of the pages
as Standard Housing Code/1991.
Wed., 10/29/97 - As the two pages of the so-called 11local code" furnished
by Mr. Ford do not mention Atlantic Beach by name, and as the section on
"Heating Facilities" (which is the section of the code Mr. Ford claims
requires that the sunroom be heated) appears to be phrased more within the
context of protecting tenants from being subjected to substandard living
conditions by landlords, Homeowner requests and is provided with the complete
text of the so-called "local code" -- which turns out to be the SBCCI Standard
-3-
Housing Code. (SBCCI = Southern Building Code Congress International, Inc.).
(As information, the SBCCI Standard Housing Code is one of ten generic codes
published by the Southern Building Code Congress International for adoption
by state or local governments. Other codes of the t~sn include Standard
Building Code, Standard Mechanical Code, Standard Plumbing Code, etc., etc.
The SBCCI Standard Housing Code states in its Preface: that its purpose is
to provide the basic minimum housing standards deemed essential for safe
and healthful living. The SBCCI states that jurisdi~:tions adopting the
generic standard codes "may make necessary additions, deletions and
amendments" in order to make the codes relevant and pertinent to the
particular locale in which they are adopted. Atlantic Beach has apparently
adopted the Housing Code--and all the other generic codes--in their entirety;
as have apparently hundreds of other cities and counties in the southeast
United States and Florida. This is not, in short, a code which is in any
way specific to Atlantic Beach.)
Since by 4:15 on 10/29 no call had been received by Mr. Jarboe concerning
a meeting date and time on this matter, Homeowner called City Attorney Jensen
to ascertain if he knew whether or not a meeting had been scheduled. Mr.
Jensen advised that the meeting had not yet been set up, but that Homeowner
would be contacted by Mr. Jarboe's office the following day with the date
and time of the meeting.
'"""" Thurs., 10/30/97 - Upon request, Homeowner is furnished with documentation
reflecting the date Atlantic Beach adopted the SBCCI Standard Housing Code
as well as documentation purportedly stating that tha: City Commission is
the body which serves as the Board of Adjustments and Appeals mentioned in
the Standard Housing Code. It is noted, however, thsst in actuality, the
Commission is never specifically named in the Resolution to be the Board
of Adjustments and Appeals for the Standard Housing Code, but only for the
Standard Building Code and the Stormwater Management Utility Ordinance --
two entirely different codes.
Homeowner asks Mr. Ford if the meeting between Mr. Jarboe, Mr. Jensen, Mr.
Ford and the Homeowner has been set up yet. Mr. Forci advises that it is
his understanding that there will be no meeting; that: Mr. Jarboe has advised
him that he and Mr. Jensen have decided that the matY.er should go before
the full City Commission..
Mr. Ford furnishes Homeowner with letter which appears to be a denial of
the requested building permit based on lack of Energy Code compliance and
outlining appeal procedures.
Mr. Jarboe calls and asks if Homeowner would like an appeal to be made an
agenda item on the November 10th Commission meeting. He advises that if
Homeowner does, a letter needs to be submitted to the City Clerk requesting
same.
Fri., 10/31/97 - Per Mr. Jarboe's instructions, letter is prepared and
-4-
submitted to City Clerk asking that our appeal of Mr. Ford`s ruling be made
an agenda item at the November 10th meeting of the Ccmmission.
Prior to delivering the appeal letter to the City Clerk, however, Homeowner
personally delivers a copy of the letter to Mr. Jarboe, in one last attempt
to resolve the matter informally. The letter outlines contacts which have
been made this very morning with the building departments of several counties
and municipalities adjacent to Atlantic Beach; including Jacksonville, Neptune
Beach, Jacksonville Beach, and St. John's County (Ponte Vedra/St. Augustine).
All building departments contacted have adopted the same SBCCI Standard
Housing Code as Atlantic Beach. None of the building departments contacted
interpret the Housing Code to mean that an enclosable porch or sunroom is
required to be heated. As several departments pointed out, the Standard
Housing Code is really intended to ensure that minimum living standards are
provided for tenants who are renting a space to live in. As several also
pointed out, were Mr. Ford's interpretation to be accepted, no aluminum
sunroom enclosures or Florida rooms--which are constructed all over
Jacksonville and the Beaches areas and all over Florida--would be allowed
to be built, since all contain too much glass to ever be able to comply with
the Energy Code (since requiring them to heat the room under the Standard
Housing Code would force them at that point to comply with the Energy Code.)
Homeowner explains to Mr. Jarboe that there is no desire to embarrass Mr.
Ford or Atlantic Beach or waste any more time than has already been expended
by airing this matter in public before the Commission; and that perhaps if
'`^ Mr. Jarboe read the appeal letter, the matter could be resolved without it
being necessary to appeal it to the full Commission. Mr. Jarboe read the
letter, said he would speak to Mr. Jensen, but still :felt the appeal needed
to be heard by the commission.
After speaking with Mr. Jarboe, Homeowner hand deliver^s a copy of the appeal
letter to City Attorney Jensen's office.
Mon., 11/3/97 - Having heard nothing further from Mr. Jarboe concerning an
informal resolution of this matter, Homeowner preparers this Chronology of
Events as supporting documentation for Homeowner's appeal.
ADDTTIONAL COMMENTS
It is noted that Homeowner has observed numerous homes throughout Atlantic
Beach that have attached enclosed porches or sunrooms which do not appear
to comply with the Housing Code and thus, by extension, the Energy Code.
Homeowner will be happy to provide specific addresses of these homes to the
Commissioners, if they so desire, for enforcement action.
Homeowner wonders how these residents were able to obtain permits for these
enclosed porches/sunrooms and Homeowner is not -- since it is physically
.~ impossible for any room which is more than 50% glass to ever be in compliance
-5-
~ with the Energy Code (if required to be heated under t:he Housing Code)!
This would appear to be why the following definition eras incorporated into
the Florida Energy Code under Section 202 DEFINITIONS:
SIIN SPACE----a totally enclosed, unconditioned space which is built
substantially of glass, attached to ttie conditioned
space of the building, and designed primarily for
winter space heating. (Emphasis added.)
The above term defines exactly what Homeowner has been attempting to obtain
a permit to build,
Mr. Ford is requiring Homeowner to heat what the State of Florida defines
as an unconditioned space. He is doing this because the generic SBCCI
Standard Housing Code states that "all habitable rooms," must be heated --
and Mr. Ford is interpreting a Florida room (or an enclosed porch, or sunroom,
or whatever term one wants to use) to be a habitable room under the Standard
Housing Code.
For Florida residents, it would seem more appropriate that "habitable room"
be interpreted in a manner more consistent with how the Florida Energy Code
defines Primary Living Area (again from Section 202 DEFINITIONS) for its
citizens:
PRIMARY LIVING AREA----a family room or great room, or a living
room if no family room or great room is present. Formal
living rooms, where a family room or great room is present,
dining rooms and kitchens are not considered primary living
areas.
In closing, Homeowner respectfully requests that in light of all the above,
building permit for Keith sunroom addition be issued without further delay
or impediment.
Louis and Lynn Keith
1845 Tierra Verde Drive
Atlantic Beach, FL 32233-4527
Phone: 247-1242
ATTACHMENT D
NOVEMBER 10, 1997 COMMISSION MEETING
STAFF REPORT f f - /O + 9
AGENDA ITEM: CDBG Rehabilitation Change orders
SUBMITTED BY: George Worley It, Communi'~'y Development Director
DATE: November 5, 1997
BACKGROUND:
During this years CDBG Housing Rehabilitation program four houses were
selected and bid out. The CDBG contract this year contains a provision that the City of
Jacksonville purchasing procedures be followed. The four houses were bid using the
City of Jacksonville's bidding procedure, but were awarded by the City of Atlantic
Beach City Commission. During the work on these houses a number of change orders
occurred, which were processed administratively by me as been done during past
contract years under the City of Jacksonville process.
Change orders are a very common element of reahabilitation work and additional
funds are retained within the line items of the CDBG budget to cover such eventualities.
The City of Jacksonville procedures focus on the line items within the budget and do
not require additional approval of changes unless the budgeted line item amount is
exceeded. During the routine processing of these change orders this past month it
came to the City Managers attention that, although we <:omplied with the procedures
identified in the CDBG contract, we were not fully in compliance with the City of Atlantic
Beach purchasing procedures which require change orders to be approved by the City
Commission. He directed that this request be placed on the agenda for action.
To avoid any such discrepancy in the future the City Manager has directed that
the more restrictive purchasing procedure be used. Thus will insure that both
procedures are complied with.
RECOMMENDATION:
The work covered by these change orders has been properly completed and
inspected by the rehabilitation inspector, the respective homeowners, and myself. Staff
requests that these change orders be approved to allow the contractors to be paid for
the additional work done.
'""' ATTACHMENTS:
1) Change orders for four houses rehabilitated.
2) Line item budget showing additions{ funds
REVIEWED BY CITY MANAGER:
GEN A {TEM NO.
r-,
_'° CHANGE ORDER
No. ~_
Date of Con4act ,jLr~y}0.1997 Date Au¢ust 20.1997
Owner Name; City of Atlantic Beach
Property Address: 1671 Francis Ave. Atlantic Beach. FL. 32233 _
Contractor Name: Custom Conshuefion By Harris _
7(10 East Union Street
Contractoc Address: Jaeksanville:Fl.32206 Phone Number 8,~ 5-8194
gescrEptlon of Work Chanee: AMOUl~ CATEGORY:
(Please Type)
These changes ere based on leaving existing tde floor in bath that is to be regrou6rd and reconditioned instead of installing
vinyl floor covering in bath.
Plumbing: Install new steel bathtub, commode,sink/
vanity and new fixtures. New items should match
dimensions of existing items as closely as possible.
(Spec. No. 28)
Soffit: Install plywood to completely seal front sotHt
and porch ceiling. Trim out as necessary.
Interior Doors: Install two brass-tone passage locks
on bedroom doors. Install a new grill on hallway
closet door and trim out.
Shelving: Build two additional shelves in reaz bed-
roomcloset and three additional shelves in front
bedroom closet.
Misc.: Instal! four new duct grills. Repair broken
window pane in living room.
$1,000.00
$ 800.00
$ 100.00
$ 200.00
$ 200.00
~S.rl
S 2}00.00
Changes and work affected hereby, ere subject to all contract stipulations and covenants. This Change Order is made a pert
of the contact dated fast abovq parties have hereunto set their signatures.
$ 122700.00 Contract Price
+or- $'t' 2,300.00 Change
$ 15,000.00 Total
OwnttApproval: <,. v / ~ Date: $'-18-97
CONTRACTOR
~Apptoval: n Date:
RehabSpeciatistAppro ¢~ Date: j(~ ZZ L
Program Adminishator Approval: Date: _
Source of Funds: $ $ $ _
Conlingeacy Owntt Contact
Copy: Owner, Contractor, Loan 51e, Technical file, Financial Institution (If contact price chmged)
Csteeories of changes•
1. Hidden damages
2. Thrre extenskn
F"^~ 3. Deletions of non-requk~ed items or unusual allowances
4. Required items that were mtved on initial kupectkrn
S. Equal subsHtuNon of materiel or alternative cure for defkkncy at same or lesser price
6. Totally unforeseen ch•curruhntea arising after commencement of work
12
CIiANCE ORDER
No. I
Date of Contract '~ -- 3 dp -~/ 7 Date '~ Cp --9 7
Owner Name: 1°t , t'f'i~ ~r-~ 0 J e r^ p ~ _
Property Address: ~ /~{ ~- O YYl cw !)n r~ /.(-N _
Contractor Name: _(_t1 C~dyyi Ct~-,., S~r'itc.-1/ok. aN ~,o
7oU E- tJN~dN ST
Contractor Address: Sa uKg nrJ u;) I ~ F I 3 D nob Phone Number, ,3 S ,3 -, 5 (~
Description of Work Change: AMOUPdT: CATEGORY:
(Please Type)
~~r- ~nTtrC ~u~,Iy R°~~" ec~-
Pap.~p~ sJP~ly r,~.rtd u>a.s~e lines
IJ l)RN.t.~ In (YIR~rt !Ja7'1~,, pp
Zn S-fQll a ~lecJ 37'e el ~u'F~
TSB, InG~vd~~ ~tl ,ve~J sJPPlY 1150 . ov U
ahb taste li'nas Rhd all,vew s~
FIX1-vres . ~e ppair Sl~~e~/'Oc-1C Qnc~ $
,,~ Cera,w,~c, 7"~lti 7"a Ina-I"~k AS elusely ks~ss~lle
Changes and work affected hereby, are subject to all contract stipulations and covenants. This Change Order is
made a part of the contract dated first above, parties have hereunto set their signatures.
s7J
$ ~~v . Contract Price
.rd
+ or - $ ~.~0 , Change
ov
$~~30, Total
Owner Approv Date:
Contract Appr 1: Date: ,~'
Rehab Specialist Approval: Date: / ~ /~~
Program Administrator Approval: Cl Date: h~~~(
Source of Funds: $ $ $
Contingency Owner Contract
Copy: Owner, Contractor, Loan file, Technical file, Financial Institution (If <gntract price changed)
Categories of changes:
1. Hidden damages
2. Time eztension
''°°^ 3. Deletions ofnon-required Items or unusual allowances
4. Required Items tbat were missed on initial inspection
5. Equal substitution of material or altemahve cure for deftciency at same or lesser price
6. Totally unforeseen circumstances arising after commencement of work
12
V'_
• No. .... ~ .~
nak orrontracl 0 ~'~ r>„(~
3 _ -~-~~ ~
(M-tzar Nano: 'ilv of 111L•+tic Hc=h ~~
°~' I4opcrly Arkheu: ~ Q~~
Contrxlor Nave:
f7~yz'RrS .~"~Y ~,
Ctnttrrxaor Addraa. - ~ ~ ~~~ Z Y _ Phone Nundrer~~~ `3
~~ lion of a~k CYexaei eJ}f¢Ijjy~~T~.GORY,
(Plexse TYM')
1. Cut Exterior Wa.I.J. for 2 Cleau out.
per .code. -0-
2:~E'ralne and Lnst;al) lloors Enr
3. Walls of QaChroon+ had Co be
re.p.l.aced, MaCeria.lsl$IG0.00,
Labor $3(10.00 500.(10
4:/ Install Shower Uoors 75.00
5. Instal.J (;UStOIn hinished Vaulty 75.00
b. Purchase and instal.-300 pieces
of the Material $96.00, Labor
{2 days @ $260.00) 356.00
7."~Touch-up Paint, Materials $30.00,
Labor $90.00 120.00
~."~u~rN~ry sa.a~
sus' ~(~ ~ 3 . a ~
~s~3y92~.00
Charges euJ work a11Lva«I herct>y, ere eubjcel to nll ~•rnrlfacl stipdabom and cu m' 4 'soli Thin Chxuge (hdtt ie xunlc a earl
of the umlrrx;l drded lire) xlxrve, ryutiex have herewdo set Iheir r'prralures. '
f Cuutrnc114ice
+or • f _._ Chmge
,~~ ~'~
<hvner Approval: _
Contreclor Appruv
Robab Specialist Approvtd: ,___
1'rugrau Athoinielrallx Approval:
f --------- r~lal
Dalc: _-_
Dae; to - ~-~ ~~.
Osle;
Dale.
Saua of Fwxle: f f _ S
~~.Canliugcxcy + ! ~ Owinof Coutrecl
Copy: (hvuc, Ctmtraclor, I.om file,'1'ecluricel file, Fiuatciel InstrluGon (Ifeantracl price Changed)
iklden damages
~~~
. TMw artfembn
J. IAekHoa o/non-royg4•td Ilema nr unusual elMwxncn -
4. Reyuked Nems That were mhrsed on InNld inspeelbn
S. Equal sublltuNon ufmaterlal or alternallve cure fur delkkney al came a keeer prke
b. Totally uafnr•eseta elrelrtrolanen arklug slier armmeneement of work
CHAYGE ORDF,R
No. ~_
Date ofCoatract 7-30-97 .Date g-?t-97
Owner Name: Citv of Atlantic Beach
Property Address: 1937 Mavoort Road
Contractor Name: Lucldn Constmctiov
214 Atlantic Boulevazd # t
Coahxtat Address: Neptune Beach. Ft. 32266 Phone Number 904-241-i 639
Description of Work Chance: AMOUNT: CATEGORY:
(Please Tvpe)
Build closet in hallway between bathroom and kitchen. ~' ~^-,-~ 5
Frame up for bi-fold doors and create closet to conceal
hot water heater and add storage space. Finish as necessary. ,
ns+~.u t~-~~f ~~~i ~~~- ~ 33.5
F~~
sLry[ •
Changes and work affected hereby, are subject to all contract stipulations and covenants. This Change Order is made a part
of the ebnaxt dated lust above, pages have hereunto set Ureic signatures.
S ~ ~;~~. Ct? Conttact Price
+ or - S ~- ~ . DO Change
S ~- p . C o total
Owner
Coatrxtor Approval:
Date: _ (~ ' 7~e' 1
Date: ~ • ZC •S l
Rehab Specialist ApprovaL• ~ ~"~ / Date: _,
Program Adminisaator Approval: ter! ~ ~ _ 'Date: _ ~ ~ • ~
Souroe of Funds: S S S
Contingency Owner Connact
Copy. Ovmer, Connector, Loaa file, Technical file, Financial Institution {If coatrxt price changed}
CateEories of chances:
1. Hidden damages
2. Time e:teasion
3. Deletion of non-requaed iteau or unusual allowanm
4. Required items that were missed on initial Inspection
5. Equal suMtitution of material or slternetive cure for deflcienry at same or lesser price
6. Totally uaforneen cireumstanea arising after commencement of work
12
CIL\\(: H: 012DM:F2
No. _
~^* Date oCConuact 7 - 3 0 - 9 7 Uate, ~"f ' 2-~J -Q
O~mcrNamc: (~ndo1 yn War1P Ranker
Property Address: 1937 Mayport Road Atlanfisr Ruch, Florida32233
Contractor Name: f.ncki n ('nnatrnrt-i nn
241 Atlantic Boulevard #1
Contractor Address: ~~ is ~~ $ ea e#t ~~iGP~~o Number 9 0 4 - 2 41 -1 6 3 9
Descri~onofWorkChan~c: AMOUNT: CATEGORY:
(Please Typc) ~ Jy
Changes and work affected hereby, are subject to all contract stipulations and covenants. This Change Order is
made a part of the contract dated first above, parties have hereunto set thetir signatures.
$1=~~'~•~' ContractPtice
+ oQ $ _g 1 S , O U Change
$~3 0~ ~• ~~ ~T/otal
Ormer Approval: (rte Date: ~ /~~t~ ~'~ ' l ~ .
Contract Approval: "~ ~i 0 Date.: "I- 7/l
Rehab Specialist Appro «~`~"~Date: , 2 9 `~
~ ~ J
Program Administrator Approval:~~ Date: ,---1~~ --
Source of Funds: $ $ _ $
Contingency Owner Contract
Copy: Owner, Contractor, Loan file, Technical file, Financial Institution I;If contract price changed)
Catedorics of chanEes:
1. Hidden damages
2. Time eafension
3. Deletions ofnon-required items or unusual allowances
~ A. Required items that were missed on initial inspection
5. Equal substiNtion of material or alternative cure for deficiency at same or lesser price
6. Totally unforeseen circumstances arising after commencement of work
12
CHANGF.ORDER
No. _.-j_
Datc of Contract 9-9.97 Date)>-9-97
Owam Name: Udie C. Brown
Property Address: 37Dudlev Street
Contractor Name: Luckin Construction
214 Atlantic Boulevard N
Contractor Address: Neptune Beach: FS. 3226b Phone Numbers-241-1639
Description of Work Change: AMOL~ CATEGORY:
(Please Type)
Install new commode and wall hung sink in new %: bath, '~ L'~2
lay vinyl tm floor and install light fixture .
Also, delete vanity unit in main bath and add new wall hung unit.
SUM
Changes and work affected hereby, are subject to all contract stipulations and covenants. This Change Order is made a part
of the contract dated first above, parties have hereunto set their signatures.
` s ~t~ ? 3 Contract Price
+or- $ Z~ 1~ (~ Change
S ~ ~ ~ `f Total
v~ Owner Approval: ~ '~' . y,
Contractor Approval:
Rehab Specialist Appro
Program Administrator Approval:
Source of Funds: S
Contingency
r--~-Date: _ (( n
----Bate.-_ 7 ~(
Date: _
s a
Owner Contract
Copy: Owne[, Contractor, Loan file, Technical filq Financial Institution (If contraM price changed)
Cateeorks of chanees:
1. Hidden damages
2. Time extension
3. I)ektions of non-required items or unusual allowances
4. Required Items that were missed on initial impaction
5. Equal substitution of material or alternative cure for deficienry at same or lesser price
6. Totally unforeseen ch•cumstaoces arising after commencement of work
12
E8
No.
Data °[Com"a -,~i~-a8-r--38 9 7
Drte_ ~-a~-97
OwmcNeme: Udie C. Hrown
p,~ty~„: 37 Dudley Street Atlantic Seach, F1. 32233
CoatnctorNaau: Luckin Construction
297 Atlantic Boulevard $7
ContractorAddreae: ffNumbez 241-1639
IkKr(pNon e(~Ork Ch<+!ac;
tl+lea.e Tvoel
~Qjr~•, CATEGORY:
~~ =a,~s
~~' t(o96
~ s ~ iS~
aua^y. S
CyaaYm and wodt affootod Lereby, am subjcot to all coaaau stipulatiaaa aad wvmaatt. This Change Otdet is
made a pert of tha ooahnot dated Ent abova, petGea Lave Letamto xt Uieit eignatums.
d
S I ~ ~G Q~~U t tractPrioe
1 6~~
. ~ot- S ~_ Change
~~JJ S `~ 3 To ~.
t')wrrrApp:oval: ~ li Dab: _~
Contact Approval: _ ~~~~Date: _
Rehab Spooialiat °' - ' bete: _ ~ ~~f:
pro&on+Adminsu*tarAP[~'~~~%~l De~o:,~
Sauee°ofFiads: ~9 ~ S' S
. Contixtgeti'cy "': ~ . • Oivna Coatnct
Copy. tT~mcr. Coatraotor, I.oca file. TecLoical file, Finenoiel Ltetitutioa tlf coatract pricy ehonged)
C._asetke Of ehanser•
LL
2TLwezteoeloa
3. UelatSaae otms•mgWmd Items oruayewt albwatacee
1.lte9ulred items tLat west mLucd m InMal 4upaetba
3. l.que! euDegtatloo of taattrlat or s7ktnatlve cum foe dellcknry at eatae or leaser ptke
fi. TataYy aofoteeoea e4aruoatattca arisfne after commmoemmt of wont
FG_
12
•.._ ~
® Ins~Fa.fl ~dd~..s z4,ooa »ru Nr~-~1•
W~v~clow u,n.+ In Li.~ny P.~om. Add
YL°~ep},•cie .
v oRn~g
130.
Date of Contract T~~ z~r~o 9 7
Date_~- y
OwnerNamc: Udie C. Brown
PropcrtyAddress: 37 Dudley Street Atlantic Beach, F1. 32233
Contractor Name: Luckin Construction
241 Atlantic Boulevard #1
Contractor Address: A[3e~-kune l~eaelt-, Fl 32P~~Numlrx 241 -1 639
Aescription of Work Chanac: AMOiJNT: CATEGORY:
(Please Type)
~ nsi~t(( new ~~ ~'(' Page) ~ Sso. o0
stmf
$ ~a
Changes and work alTcctcd hereby, are subject to all contract stipulations and covenants. This Change Order is
made a part of the contract dated first above, parties have hereunto set ihev signatures.
$ `;~( 7~ C ~ ~ Contract Price
+or- $ F>5V • pU Change
$ ~~ ~OTota(
Owner ADOroval: ~~/~
Contract Approval:
Rehab Specialist
Program Administrator
Date:
Date: _ ~- ~ ,,/ ~~9~ ~
Date: _1
Date:
Source of Funds:. $ $ $
Contingency Owner Contract
Copy: Owner, Contractor, Loan file, Technical file, Financial Institution (If contract price changed)
~eEories of chars .Les:
1. Hidden damages
2. Time extension
'~' 3. Dektions ofnon-required items or unusual allowances
4. Required items Uwt were missed on initial inspection
S. Equal substitution of material or alternative cure for defidcncy at same or lesser prke
ti. Totally unforeseen circumstances arising after rnmmencement of eork
l2
ATTACHMENT 8
Page 2
Line Itemization
S.A.1. Waaes and Salaries
Part-time Recreation Coordinator $ 8,500.00
Part-time Donner CDC Office Manager 5,000.00
I.A.2. Frinae Benefits
FICA and Withholdings .,
Part-time Recreation Coordinator $ 945.1>0
Part-time Donner CDC Office Manager 555.00
y,. A.3. Consultant/Contract Services
Part-time Rehabilitation Inspector $ 5,000.00
for Donner Rehabilitation
Total S 5,000.0_
T.A.7. Utili t<es & TelgP}yone
Electric ($120.00/mo x 12 mos) $ 1,440.00
Telephone ($130.00/mo x 12 mcs) 1,560.00
L B.1. Consultant/Contract Services
Donner CDC 0£f ice Rehabilitation $ 8,000.00
Upgrade Baseball Field in Donner Park 20,000.00
`Rehab minimum ofd houses ~ 95,034.88
Sidewalk Construction 10,000.00
'~ Total S 133,034.00_
T B 3 Cnnnliea
Office Supplies for Donner. CDC $ 1,000.00