05-29-90 v CITY OF ATLANTIC BEACH
REGULAR MEETING TUESDAY, MAY 29, 1990
AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of the minutes of the regular meeting of May 14, 1990
2. Recognition of visitors:
3. Appearances:
A. Request for funding of summer activities (John Seroya)
B. Larry Shealy, president Fletcher High School 12th Man Club
requesting a tax exempt deductible contribution for the 12th Man
Club
4. Old Business:
A. Application for Use by Exception by Timothy Seyda and C&S Bank
for on premise consumption of alcoholic beverages at 461 Atlantic
Boulevard
B. Application for Use by Exception for restaurant in a Commercial
Limited Zoning District by Vincent Akra
5. Action on Resolutions:
A. Resolution #90-7 commissioning of the USS Monterey
6. Action on Ordinances:
A. Final reading and public hearing of Ordinance #57-90-16 amending
section 2-51 to provide for the removal of the Chief of Police by
the Director of Public Safety
B. Final reading and public hearing of Ordinance #95-90-46 amending
Section 18-1 to define the term "Hawker", amending Section 18-2
to add subparagraph (4) prohibiting hawking; amending section
18-21 to add additional exceptions
C. Final reading and public hearing of Ordinance #95-90-47 to
provide for tree conservation, permits, tree inspection reports,
site alterations, removal and maintenance of trees
7. New Business:
A. Appointment to Public Nuisance Board to fill unexpired term of
Jack Brooks
B. Discussion and related action relative to lease of Cannon copy
machine (Joan LaVake, Purchasing Agent)
C. Proposal, discussion and related action to combine lots located
at Beach Avenue and Ocean Grove Drive, Mark Kredell, San Marco
Properties (Alan Jensen) ((Removed per Mr. Kredell on May 25, 1990))
D. Discussion and related action to parking adjacent to Island Club
Condominiums
E. Status report by Connelly & Wicker to include access to Frances
Street area, paving Main Street and Levy Road, drainage on Edgar
and Lewis Street etc
F. Change order #15 in the amount of $4,277.00 relative to
relocating water mains in Section H (Wm. Howell, Project Manager)
G. Request for funding to help defray cost for commissioning of the
USS Monterey
8. City Manager reports and/or correspondence:
9. Mayor to call on City Commissioners, City Attorney and City Clerk:
Adjournment
. MINUTES OF THE REGULAR MEETING OF THE MANTIC IC BE I CITY CCM- V V
MISSION HELD AT CITY HALL ON TUESDAY, MAY 29, 1990 AT 7:15 PM O 0
T T
PRESENT: William I. Gulliford, Jr. , Mayor E E
Robert B. Cook, Sr. D D
Glenn A. Edwards
Adelaide R. Tucker, and
John W. Weldon, Commissioners M S
O E
AND: Kim D. Leinbach, City Manager T C
Alan C. Jensen, City Attorney I 0 Y
Maureen King, City Clerk NAME OF ONEN
COMMRS. N D S 0
The meeting was called to order by Mayor Gulliford. The
invocation, offered by Commissioner Cook, was followed by the
pledge to the flag.
1. Approval of the minutes of the regular meeting of May 14, 1990
Cook x
Motion: Approve minutes of the regular meeting of May 14, Edwards x x
1990 Tucker x x
Weldon x
No discussion before the vote. The motion carried unanimously. Gulliford x
2. Recognition of visitors
John Seroyer, 1821 Kings Way, Neptune Beach, reported that
thirty-six of the children who play baseball with Atlantic Beach
Little League had been selected to go to State Tournaments. He
said the children would be selling advertising space on the
programs as a method of raising money to fund these trips. Since
they will be representing Atlantic Beach he solicited the support
of the city and its citizens in this venture. After brief
discussion of the matter it was agreed if space permitted, an
article would be included in the current edition of the city's
newsletter.
* * * * * * * * * * * *
Brian Johnson, General Manager of Waste Management of Jacksonville,
reported to the City regarding further recycling opportunities he
felt might be introduced to Atlantic Beach. In an effort to expand
the recycling program he offered to place a drop-off container
within the city for "corrugated." The Mayor explained "corrugated"
would include grocery bags as well as other paper products. An
open-top roll-off container was suggested as being the simplest
method. Alternatively, Waste Management could install a compactor,
but this would require a city employee to monitor and operate the
machine. Depending on the amount of materials collected, the city
may need to purchase a baler.
Cook x
Motion: Authorize Waste Management to install an open-top Edwards x x
roll-off container at a location to be selected by Tucker x x
the City of Atlantic Beach Weldon x
Gulliford x
No discussion before the vote. The motion carried unanimously.
PAGE TWO V V
MINUTES NAME OF
MAY 29, 1990 COMMRS. M S Y N
3. Appearances:
A. Request for funding of summer activities (John Seroyer)
Mr. Seroyer briefly outlined the proposed summer program which
is planned for children between the ages of 9 and 15. The program
would be based at Fletcher Junior High School and facilities would
be provided by them. The cost to the children would be $10.00 per
week and the funds sought would be for such items as some sports
equipment and consumable items as well as field trips. At the last
meeting he had indicated the funds would be administered by
Fletcher Jr. High School and he said he wished to advise the funds
would be administered by Fletcher Jr. High School Boosters. Cook x x
Edwards x
Notion: Authorize contribution of $500.00 toward summer Tucker x
recreational activities Weldon x x
Gulliford x
Brief discussion ensued regarding prioratizing expenditures and
budgeting funds for such contributions in the future. The question
was called and the motion carried unanimously.
B. Tarry Shealy, President of Fletcher High School 12th Man Club
requesting a tax exert contribution for said club
Since Mr. Shealy was not in the audience to respond to questions
relative to the club's activities, no action was taken on this
matter.
Itan 7D was taken out of sequence and acted upon at this time.
7D. Discussion and related action to parking adjacent to Island
Club Condominiums
Mayor Gulliford explained that the Island Club Condominiums had
been converted from apartments to condominiums in 1979 and at that
time it had been pointed out that Tenth Street was a public street
and parking spaces could not be reserved for owners of the
condominium units. He said the city had received complaints that
residents have been experiencing difficulty finding parking spaces
on weekends. Three options had been suggested, namely continue to
recognize the parking area as public property and allow parking on
a first come first served basis, negotiate a lease agreement for
exclusive use of the parking by the condominium owners, or declare
the property as surplus and offer it for sale to the condominium
owners. However, it was pointed out the City Attorney should be
consulted regarding the legality of these options.
Dezmohd Waters, 1835 Seminole Road, spoke in opposition to leasing
or selling this public property. It was determined there were ten
condominium units and six parking units on Island Club property and
about twenty public parking spaces in the vicinity.
PAGE THREE V V
MINUTES NAME OF
MAY 29, 1990 COMMRS. MSYN
Residents of Tenth Street and Seminole Road who were under the.
impression there was a proposal to sell the Tenth Street beach
. access and public parking area presented a petition opposing such a
proposal. Copy of said proposal is attached hereto and made a part
hereof. Many of the residents in the vicinity of the area under
discussion were in attendance and voiced their opposition to
eliminating any public parking spaces. It was also pointed out
there were six parking spaces on the west side of Island Club which
were privately owned and were currently being leased to residents
in the-area.
Commissioner Cook inquired whether there was any space on the east
side of the building which could be used for parking and it was
determined there was not enough roam for vehicles to access that
area.
After a full discussion of the matter Commissioner Weldon said it
was his opinion the city had no authority to lease or sell a public
right-of-way. He felt the only option available was for the area
to continue to be used for public parking. While the other
Commissioners understood the problem the Island Club residents were
experiencing, they agreed with Commissioner Weldon.
4. Old Business:
A. Application for Use by Exception by Timothy Seyda and C&S Bank
for on premise consumption of alcoholic beverages at 461 Atlantic
Boulevard
Mayor Gulliford opened the floor for a public hearing and invited
comments from the audience. Since no one spoke for or against the
matter the Mayor declared the public hearing closed.
Motion: Deny exception for exception for on-premise Cook x
consumption of alcoholic beverages at 461 Atlantic Edwards x x
Boulevard in accordance with the recommendation of Tucker x
the Community Development Board Weldon x x
Gulliford x
No discussion before the vote. The motion carried unanimously.
B. Application for Use by Exception for restaurant in a
Commercial Limited zoning district by Vincent Akra
Mayor Gulliford opened the floor for a public hearing and invited
comments from the audience. Since no one spoke for or against the
matter the Mayor declared the public hearing closed. Cook x x
Edwards x x
Motion: Grant exception to Vincent Akra for a restaurant at Tucker x
1221-1261 Mayport Road Weldon x
Gulliford x
No discussion before the vote. The motion carried unanimously.
5. Action on Resolutions
A. Resolution No. 90-7 welcoming USS Monterey upon commissioning
PAGE FOUR V V
MINUTES NAME OF
MAY 29, 1990 COMMRS. M S Y N
Mayor Gulliford presented in full, in writing, Resolution No. 90-7,
welcoming the officers and men assigned to the USS Monterey, along
with their families. Cook x x
Edwards x
Hbtion: Approve adoption of Resolution No. 90-7 Tucker x x
Weldon x
No discussion before the vote. The motion carried unanimously. Gulliford x
B. Resolution No. 90-8
Mayor Gulliford presented in full, in writing Resolution No. 90-8
wishing Sybil Fix, Florida Times-Union reporter, success in the
future as she leaves Atlantic Beach to cover a different area of
the City of Jacksonville. Cook x
Edwards x
Motion: Approve adoption of Resolution No. 90-8 Tucker x x
Weldon x x
No discussion before the vote. The motion carried unanimously. Gulliford x ,
6. Action on Ordinances:
A. Ordinance No. 57-90-16 - Public Hearing
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
MANTIC BEACH, AMENDING CHAPTER 2, ADMINISTRATION, AMENDING
SECTION 2-51 TO PROVIDE FOR THE REMOVAL OF THE CHIEF OF POLICE BY
THE DIRECTOR OF PUBLIC SAFETY, PROVIDING AND EFFECTIVE DATE
Mayor Gulliford introduced in full, in writing Ordinance No.
57-90-16 on final reading. Said ordinance was posted in accordance
with Charter requirements. The Mayor opened the floor for a public
hearing and invited comments from the audience. Since no one spoke
for or against the ordinance the Mayor declared the public hearing
closed. Cook x x
Edwards x
Motion: Approve passage of Ordinance No. 57-90-16 on final Tucker x x
reading Weldon x
Gulliford x
No discussion before the vote. The motion carried unanimously.
B. Ordinance No. 95-90-46 - Public Hearing
AN ORDINANCE E AME DING THE CODE OF ORDINANCES OF THE CITY OF
MANTIC BEACH, AMENDING CHAPTER 18, SOLICITORS, AMENDING SECTION
18-1 TO DEFINE THE TERM "HAWKER"; AMENDING SECTION 18-2 TO ADD
SUBPARAGRAPH (4) PROHIBITING HAWKING; AMENDING SECTION 18-21 TO ADD
ADDITIONAL EXCEPTIONS; PROVIDING AN EFFECTIVE DATE
Mayor Gulliford introduced in full, in writing Ordinance No.
57-90'-16 on final reading. Said ordinance was posted in accordance
with Charter requirements. The Mayor opened the floor for a public
hearing and invited comments from the audience. Since no one spoke
for or against the ordinance the Mayor declared the public hearing
closed.
. PAGE FIVE V V
MINUTES NAME OF
PAGE FIVE COMM. MSYN
Cook x
Edwards x
Motion: Approve passage of Ordinance No. 95-90-46 on final Tucker x x
reading Weldon x x
Gulliford x
No discussion before the vote. The motion carried unanimously.
C. Ordinance No. 95-90-47 - Public Hearing
AN ORDINANCE AMENDING THE CODE OF OR)INANCES OF THE CITY OF
ATIAE TIC BEACH, AMENDING CHAP'T'ER 23, V'1'ATION, BY AMENDING
ARTICLE II, TREES, TO PROVIDE FORTHEE PROTECTION, TO PROVIDE FORA
'rBEE NATION BOARD, TO PROVIDE FOR PERMITS, 'THEE INSPECTION
REPORTS, SITE ALTERATIONS,' REMOVAL AND MAINTENANCE OF TREES, AND
PROVIDING AN EFFECTIVE DATE
Mayor Gulliford introduced in full, in writing Ordinance No.
95-90-47 on final reading. Said ordinance was posted in accordance
with Charter requirements. The Mayor opened the floor for a public
hearing and invited comments from the audience.
Dezmond Waters, 1835 Seminole Road, spoke of the benefits of the
trees and encouraged the passage of the ordinance which would help
to protect the environment and enhance the quality of life in
Atlantic Beach. Others who spoke in favor of the ordinance
included Barbara Hopson, 760 Sherry Drive; Carolyn Woods, 395
Poinsettia Court, member of the Tree Conservation Board and
Beautification Committee; and Lyman Fletcher, member of
Beautification Committee.
Discussion ensued regarding the rights of property owners vs. the
city's right to establish regulations to protect the environment
for future generations, and specifically, whether trees on private,
developed, property should be exempted from the requirements of the
ordinance.
Ron Amerman, 315 Fifth Street, said the ordinance was very
restrictive and some parts, such as the standards determined by the
board, were somewhat vague. Others who felt the ordinance was too
restrictive included Peggy Cornelius, 10 Tenth Street; Dorothy
Kerber, 365 First Street; Johnny Tucker, 42 Eleventh Street, who
also expressed concern over the increase in the cost of building a
home because of the requirement for a tree survey; and Louis
MacDonell, 1535 Selva Marina Drive, who also was concerned about the
increased cost involved for the home builder and said he resented
the infringement on private property rights and was opposed to the
ordinance in its present form.
After everyone had had an opportunity to address the matter, the
Mayor declared the public hearing closed.
Commissioner Tucker inquired into the restriction against storing
any kind of material or equipment within the drip line of a tree.
She said she felt in many instances this was impractical. She also
PAGE SIX V V
MINUTES NAME OF
MAY 29, 1990 COMMRS. M S Y N
-- -
questioned the requirement that the board would recommend the size
and species of trees to be used as replacements for trees which had
. been removed.
Mayor Gulliford said he agreed with Commissioner Tucker's comments
and expressed concern about how areas of the ordinance which were
somewhat vague might be interpreted by a future board. He said he
hoped some middle ground could be found so the ordinance would be
as fair as possible to all involved. He said he did not want the
ordinance to become an unnecessary burden on either developers,
home owners, or the city officials. Commissioner Cook said while
he did not oppose requiring homeowners to obtain permits for tree
removal, he felt the ordinance was too restrictive and a more
workable compromise needed to be reached.
Commissioner Weldon said he felt the ordinance was too bureaucratic
and he felt the existing ordinance which was passed in January
should be given an appropriate trial period after which it could be
modified as necessary. After a full discussion, Commissioner
Tucker made the following motion:
Motion: Defer action for 30 days (Meeting of July 9, 1990) Cook x x
and in the interim schedule meeting between City Edwards x
Commission, Beautification Committee, and Tree Tucker x x
Conservation Board for the purpose of further Weldon x
discussions Gulliford x
No further discussion. The motion carried with a 4 - 1 vote with
Commissioner Weldon voting Nay.
7. New Business:
A. Appointment to Public Nuisance Board to fill unexpired term of
Jack Brooks
Mayor Gulliford asked the Commissioners and Police Chief Thompson
if they had any names they wished to place in nomination. Chief
Thompson said since that board worked closely with the Police
Department he was reluctant to be involved in the selection of
board members. After brief discussion the Mayor offered the name
of P.J. Wetherhold for consideration but said he did not know if
she would be willing to serve. Cook x
Edwards X
Motion: Appoint P.J. Wetherhold to the Public Nuisance Tucker x x
Control Board, subject to her acceptance Weldon x x
Gulliford x
No discussion before the vote. The motion carried unanimously.
B. Discussion and related action relative to lease of Cannon copy
machine
The City Manager said the city was in need of a good copy machine.
He said extensive research had been done and the city had a good
PAGE SEVEN V V
MINUTES NAME OF
MAY 29, 1990 COMMRS. M S Y N
proposal from Delta Business Systems on the purchase of a Canon
copier. Commissioner Tucker asked whether a lease agreement had
. been considered and the Finance Director answered in the
affirmative. He said comparison of the figures had shown the
purchase to be the better deal. After discussion the Finance
Director was directed to use funds from the Commission's
contingency fund for the purchase of the copy machine. Cook x
Edwards x x
Motion: Accept the recommendation of the City Manager and Tucker x
purchase Cannon copier frau Delta Business Systems Weldon x x
Gulliford x
No discussion before the vote. The motion carried unanimously.
C. Proposal, discussion and related action to combine lots
located at Beach Avenue and Ocean Grove Drive by Mark Kredell of
San Marco Properties
Item withdrawn.
D. Discussion and related action to parking adjacent to Island
Club Condominiums
This item was acted upon earlier in the evening.
E. Status report by Connelly and Wicker to include access to
Francis Street area, paving of Main Street and Levy Road
William P. Snellings, of Connelly and Wicker reported on the
following projects his firm is currently working on for the City of
Atlantic Beach:
Paving of Main Street: Design work 100% complete, plans submitted
to utility company for their comments. Some minor details to
be worked out with engineers for Section H project.
Paving of Levy Road: Design work 85% complete. Signals have been
approved by DOT. He said the plans will include a right-turn
lane onto Mayport Road, and also improved signalling for
traffic turning left.
Expansion to parking area in Russell Park: Plans complete. Need
to apply for Water Management District permit.
Beach Avenue extension: Mr. Snellings said he has the plans and
permit but this project has been put on hold.
Culvert on Seminole Road: This was completed before Seminole Road
was paved but the project called for additional work and he is
still working on plans.
Extension of Donner Road to Sandpiper: This project has proved to
be more complicated than anticipated because of existing
utility lines which were not laid deep enough to tolerate the
traffic flaw. They are looking for alternate routes which
would be acceptable. The City Manager was asked to provide
Mr. Snellings with information regarding other property the
city plans to acquire in that area.
PAGE EIGHT V V
MINUTES NAME OF
MAY 29, 1990 COMMAS. MSYN
Jordan Street: Mr. Snellings said he had spoken with Rev.
Kennerley and he felt an agreement could be worked out
regarding granting some right-of-way to the city in return for
paving of the street.
Access road and necessary drainage at entrance to Jordan Park: Mr.
Snellings said he has submitted a proposal to the city and is
awaiting a response.
Edgar Street drainage: Design complete and plans should be
complete in the very near future. DOT permit will be
required.
Commissioner Weldon asked Mr. Snellings if he would provide a brief
description and current status of each of these projects. Mr.
Snellings agreed to provide this information.
F. Change Order No. 15 in the amount of $4,277 relative to
relocating water mains in Section H
The City Manager reported the engineers had advised of several
areas where there were conflicts with existing water mains. He
said it would not be practical for city forces to do this work and
requested approval of the change order for the contractor to
relocate the water mains. Cook x
Edwards x x
Motion: Approve Change Order No. 15 in the amount of Tucker x
$4,277.00 for relocation of water mains in Section H Weldon x x
Gulliford x
No discussion before the vote. The motion carried unanimously.
G. Request for funding to help defray cost for commissioning of
the USS Monterey
Mayor Gulliford said the commissioning of the USS Monterey is
expected to cost in excess of $200,000 which cannot be funded by
the U.S. Navy. A large portion of these funds will be donated by
the business community and will be funded through the Navy League
at the Beaches. He said this is a once in a lifetime event and the
City of Atlantic Beach had been asked to support the event in the
amount of $2,500. Cook x x
Edwards x
Motion: Approve donation in the amount of $2,500 toward the Tucker x x
activities in connection with the commissioning of Weldon x
the USS Monterey Gulliford x
In discussion before the vote, Commissioner Weldon said he felt
this was outside the scope of the city's responsibility and, in his
opinion, could not be justified. Commissioner Cook said the U.S.
Navy was very important to the city's economy and the commissioning
of this ship was probably the most significant event in the history
of the naval station. The question was called and the motion
carried on a 4 - 1 vote with Commissioner Weldon voting Nay.
PAGE NINE V V
MINUTES NAME OF
MAY 29, 1990 COMMRS. M S Y N
8. City Manager reports and/or correspondence:
. The City Manager said he would provide a written report on the
recent conference of the Florida City and County Management
Association in the near future.
The City Attorney reported:
- An Order of Taking had been signed that afternoon in
connection with eminent domain proceedings on property in
Section H which was required for a lift station.
- He had received a query from the Building Department regarding
an oceanfront lot at the north end of the private road north
of 20th Street. He said the owner proposed to sell a portion
of the lot and wanted to know if it could be treated as a
double frontage lot and that each portion of the lot could be
build on independently. Commissioner Cook said present zoning
would allow seven dwelling units and it would appear to be in
the city's best interests to allow the division of the lot in
order to reduce the number of units which would be built. He
inquired into the possibility of an agreement whereby the city
would allow the lot to be divided provided the owners would
agree to build only a single-family dwelling on each lot.
After a full discussion of the matter it was apparent if the
owner decided to proceed with the sale of a portion of the
property he would be doing so at his own risk.
- He had met with Mr. Blackard regarding the 16th Street
overpass and had discussed alternatives, including relocating
the walkway so it would be farther from the back of his house.
Mr. Jensen said the only other options were to either remove
the walkway completely or continue with the litigation. It
was the general opinion no reasonable agreement could be made
with Mr. Blackard and the City Attorney was authorized to
proceed with litigation.
Mayor Gulliford requested the city purchase a new flag for the
Public Safety building.
- The Mayor also reported he had received a letter from Mr.
Chandler regarding the proposed street renumbering and he said
before any changes were made some of those comments should be
addressed. The City Manager said the City Commission would be
advised of the total plan of action before any changes are
made.
The Mayor also provided the City Clerk with a copy of a letter
from Louis B. MacDonell advising that he intended to relocate
the Selva Linkside sign to its previously permitted location
on the northwest corner of 11th Street and Seminole Road.
- The Mayor said he had been contacted by the City Clerk in
connection with presenting employees with service pins and
PAGE TEN V V
MINUTES NAME OF
MAY 29, 1990 COMMRS. M S Y N
asked for the opinions of the City Commission, to which all
voiced approval.
There being no further business to come before the City commission,
the Mayor declared the meeting adjourned at 10:10 PM.
I
A v A
it iam I. Gulliferd, J-.
Mayor
ATT E S T: V
))/AC
Maureen King, City Clerk
FI No 9TH STREET- .
10111 Vie, the Residents and Property Owners of 10th street and Seminole Rd at
10th street, Atlantic Beach, hereby OPPOSE the slle of the BEACH ACCESS
and PUJl3LIC PARKING of said street to Condominium Owners.
1 . The Condominium Owners have parking in the back of their building
and use the Public Access as well.
2. It will drastically DECREASE the value of our properties if we are
denied access to the bench.
3. As beach property owners we pay HIGH TAXES compared to the residences
back of Pic S Save for example.
4. It would diminish the quality of life of the people on this street,
mothers taking their s,rrall children to the beach, teenagers enjoying
surfing, our ,d people who take their evening stroll on the beach etc. . .
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We, the Residents and Property Owners of 10th street and Seminole Rd at
41, 10th street, Atlantic Beach, hereby OPPOSE the sale of the BEACH ACCESS
and PUBLIC PARKING of said street to Condominium Owners.
1 . The Condominium Owners have parking in the back of their building
and use the Public Access as well.
2. It will drastically DECREASE the value of our properties if we are
denied access to the beach.
3. As beach property owners we pay HIGH TAXES compared to the residences
back of Pic E Save for example.
4. It would diminish the quality of life of the people on this street,
mothers taking their small children to the beach, teenagers enjoying
surfing, our old people who take their evening stroll on the beach etc. . .
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