08-11-75 v CITY OF ATLANTIC BEACH, FLORIDA
AGENDA
August 11, 1975
1. Call to Order
2. Invocation
3. Approval of the Minutes of July 28, 1975
4. Recognition of Visitors
5. Correspondence
A. Miss Susan Henley Re: Fletcher Senio High Ad
B. Jack Taylor Re: Football Program
6. Commission Consideration
A. Frances Letizia - Assurance of Zoning pending State
approval
B. Mrs. Mildred Degrave - Petition for Day Care in home
C. John Contois - Fletcher High School Band
D. Resolution #75-10 - Budget
E. Resolution #75-11 - 201 Facilities Plan
F. Resolution #75-12 - Appointment of two representatives
to the Technical Advisory Committee
G. Committee Report - Street Ends
7. City Clerk
8 . Chief of Police
9. Director of Public Works
10. City Manager
11. Commissioners
12 . Mayor
13. Adjourn
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION
HELD AT THE CITY HALL ON MONDAY, AUGUST 11, 1975, AT 8: 00 P . M.
PRESENT: William S . Howell, Mayor-Commissioner
L. W. Minton, Jr.
Robert R. Rosborough, II
F. W. Fogg
Robert B. Cook, Sr.
AND R. C. Vogel, City Manager
Oliver C. Ball, City Attorney
Gloria June Knight, City Clerk
ABSENT: None
The meeting was called to order by Mayor-Commissioner, Mr. Howell.
The invocation was given by Commissioner Minton, followed by the
pledge to the flag .
The minutes of the meeting of July 28, 1975 were approved as written
upon a motion by Commissioner Fogg, seconded by Commissioner Cook
and carried.
Miss Susan Henley Re: Fletcher Senior High Ad
Fletcher High School requested that the City of Atlantic Beach place
an ad in the annual yearbook. It was moved by Commissioner Cook,
seconded by Commissioner Minton and carried that the City of
Atlantic Beach place an ad in the Fletcher High School yearbook
to be taken from account 209 Advertising .
Jack Taylor Re: Football Program
This is a request from Fletcher High School Football Program for an
ad in the amount of $60.00. It was moved by Commissioner Minton,
seconded by Commissioner Cook and carried that an ad be placed in
the Football Program in the amount of $60.00 to be taken from
Account 209 Advertising.
Frances Letizia - Assurance of Zoning Pending State Approval
Mr. Vogel stated that Mrs. Letizia requested that the city commiss-
ion give her a letter committing the commission to a zoning change
in order for her to obtain an alcoholic beverage license. Mayor
Howell stated that it was his understanding that the State law
provides that a restaurant must serve at least 150 people and have
2500 square feet of dining area in order to comply with the issuing
of a beverage license.
MINUTES
AUGUST 11, 1975
PAGE TWO
He then asked if Mrs. Letizia had ample parking at her location?
Mr. Vogel stated that he had calculated the lot size and that Mrs.
Letizia would be able to comply with the off-street parking.
Mayor Howell stated that the city commission could not commit the
city to a zoning change without an ordinance and a public hearing.
It was moved by Commissioner Cook, seconded by Commissioner Ros-
borough and carried to instruct the City Attorney to prepare the
necessary ordinance to change the zoning to be presented at the
next meeting of the city commission.
Mr. Ball clarified this motion by stating that this is assurance
of absolutely nothing. The city commission is under no obligation
to vote for passage of the ordinance. It will be presented three
times and a public hearing will be held.
Mrs. Mildred DeGrave - Petition for Day Care in Home
Mayor Howell stated that a petition was received from Mrs. DeGrave
requesting permission to keep children in her home during the day.
Mrs. DeGrave stated that she would like to keep three children in
her home. At this time, Mayor Howell asked if there was anyone in
the audience who wished to speak for or against this request.
Mr. Rudolph Thorworth, 449 Sailfish Drive, adjacent to the property,
objected to the nursery on grounds that the area is strictly a
residential area and not a business neighborhood.
Chris Jones, 315 15th Street, Jacksonville Beach stated that he r
daughter, Felicia, is presently staying with Mrs. DeGrave and she
is pleased with the care her daughter is receiving.
Dorothy McGreta stated that she would like to speak on behalf of
her grand daughter, Felicia. She stated that the care she received
from Mrs. DeGrave was much better than a large nursery. She has
been there a little over a year and they have taken good care of
her.
Commissioner Fogg stated that he would like to direct a question
to Mr. Thorworth. Are you objecting to the licensing of this because
the children bother you or is it just because you don 't want to see
it grow into something larger that would really bother you?
MINUTES
AUGUST 11, 1975
PAGE THREE
Mr. Thorwcrth stated that his objections were based on many reasons
that he did not care to discuss. Commissioner Fogg stated that his
question was whether or not the children bothered him? Mr. Thor-
worth stated that the children did not bother him. Commissioner
Rosborough asked Mr. Thorwcrth how long he had lived at 449 Sailfish?
Mr. Thorwcrth replied that he had lived there since 1969. Com-
missioner Rosborough stated that if Mrs. DeGrave ' s has been keeping
children for four year, it appears to him that he should have ob-
jected sooner. Mr. Thorworth stated that his daughter had called
the Child Abuse Center and reported the DeGraves. He stated that
he did not think they were fit parents.
Chief Stucki stated that there are several agencies that govern
nurseries and day care centers . He is not quite sure which type
permit Mrs. DeGrave ' s desires. If Mrs . DeGrave ' s is talking about
individuals paying her for a service of baby sitting for a period
of time then she must be approved by the local law enforcement
agency in the community. Nothing has crossed his desk in regard
to her application. The home must be checked for fire protection
and a background investigation must be made.
Mr. Vogel stated that the only thing the city commission is doing
tonight is approving the zoning . As to the operation of the center,
the city has no control over that. This approval comes under the
Health Department, Hotel and Restaurant and/or HUD in Jacksonville .
Chief Stucki stated that when Mrs. DeGraves applies to any one of
these agencies they in turn contact him for a background investi-
gation. He determines whether or not there is anything that might
be detrimental to the individual being in charge of supervising
children.
Commissioner Rosbrough moved that the request he approved subject
to the necessary state and/or county agents that become involved,
plus the fire and police approval. Commissioner Minton amended the
motion to include that a report must be sent to the city commission
as to whether or not it passed or defaulted. The motion was
seconded by Commissioner Minton and carried.
george Contois - Fletcher High School Band
Mr. George Contois, _:25 Amberjack, stated that he is presently the
president of the Fletcher High School Band. He stated that the
band has been invited to go to Spain. The bands problem is a lack
of funds for the trip. The students are working in order to pro-
vide some of the funds for this trip. He requested that the City
of Atlantic Beach help in anyway that they can.
MINUTES
AUGUST 11, 1975
PAGE FOUR
Mr. Contois stated that he had appeared before the councils
at Neptune Beach and Jacksonville Beach with the same request.
Commissioner Minton asked if he could be more specific as to what
he wanted the city commission to take action on. Mayor Howell
stated that in talking with the other coucils did Mr, Contois pre-
sent them with a specific amount? Mrs . Contois replied that the
amount of money was not specified. Commissioner Minton stated that
after he determined what the band wanted from the City of Atlantic
Beach, as far as money is concerned, then the commission could take
action on this request. The city commission will support you 100%
but at this time the budget is being prepared and the commission
has no way of knowing how much they can afford, if any, for this
project. Commissioner Minton suggest that Mr. Contois contact
the city manager and talk with him while he is in the process of
preparing the budget. Between the two of you, maybe a figure can
be ascertained. When a figure is reached, then the city commission
will take action on this request.
Resolution No. 75-10 Budget Change
Mayor Howell presented Resolution No. 75-10 transferring money from
Account No. 2501 to Account No. 0041-3 , Commissioner Rosborough
moved that Resolution No. 75-10 be adopted. The motion was
seconded by Commissioner Minton and carried. Copy of said resolu-
tion is attached hereto and made a part hereof.
Resolution Noo 75-11 - 201 Facilities
Mayor Howell presented Resolution No. 75-11 authorizing the City of
Atlantic Beach to cooperate with the other municipalities located
within the Duval beaches 201 planning area in the participation with
the federal government or the appropriate agency thereof, in a
201 facilities plan under P .L. 92-500. It was moved by Commissioner
Rosborough, seconded by Commissioner Fogg and carried to adopt
Resolution Noo 75-li. Copy of said resolution is attached hereto
and made a part hereof,
Resolution Noo 75-12 - 201 Technical Advisory Board
Mayor Howell presented Resolution No. 75-12 authorizing the appoint-
ment of two representatives of the City of Atlantic Beach to the
201 Technical Advisory Board. It was moved by Commissioner Cook,
seconded by Commissioner Rosborough and carried that Resolution No.
75-12 be adopted. Copy of said resolution is attached hereto and
made a part hereof,
MINUTES
AUGUST 11, 1975
PAGE FIVE
Committee Report - Street Ends
Mr. Sperry Lee, attorney representing the estate of Martha Wood,
11th Street and Beach Avenue, stated that the City of Atlantic Beach
is clearly in violation of state law by tearing up and removing any
kind of vegetation within 50 feet of the sea wall . This violation
has occurred at 11th Street and Oceanfront,
Mayor Howell stated that basically he knew what Mr. Lee was talking
about but the city commission has any number of problems with
street ends. The city has those people who live on Oceanfront
who do not want anything touched and then the Corps of Engineers
tells the City of Atlantic Beach to provide parking on oceanfront
and have as many accesses as possible. To that the city is
not to touch any of the vegetation is totally out of the question.
Mr. Hilliard stated that the only thing the public works department
did was to take back property that people had taken from the city.
Commissioner Rosborough stated that the street ends look good and
that 11th Street is a vast improvement .
Mr. Tucker and Mr. Bull volunteered to maintain the area if the
asphalt is removed. Mr. Tucker objected to the increase in the
number of children on skateboards and all night campers.
Commissioner Fogg commented that in his opinion 11th Street looks
better than the other street ends . He stated that he was sure that
it is much easier to maintain. If Mr. Bull plans to take over the
area he would be the first one to suggest to the commission that
they give Mr. Bull the authority to design a more adequate park
facility on 11th Street.
After discussion, Commissioner Fogg moved, seconded by Commissioner
Rosborough and carried that Mr. Bull present a plan to the commission
of what he would like to do with this property in the way of re-
storing his ecological view and maintain it without compensation
from the city.
Several other street ends were discussed. Mrs. Gene Nordan, Beach
Avenue, asked about plans for 12th Street. Mr. Vogel stated that
12th Street will remain pretty much as is. Mr. Bill Adams wanted
to know when something would be done on Sixth Street . He wanted
Sixth Street cleared and asphalt put down. Mayor Howell stated that
the only information he could give Mr. Adams was that something
would be done to every street end.
MINUTES
AUGUST 11, 1975
PAGE SIX
Bid Openings - Rear Load Containers
Hydraulic Equipment Systems & Fabr. , Inc. Hialeah, Florida
20 units F.O.B. Atlantic Beach $5, 500.00
National Compactor, Jacksonville, Florida - No Bid
There were no other bids received.
It was moved by Commissioner Rosborough, seconded by Commissioner
Cook and carried that the bid be awarded to Hydraulic Equipment
Systems & Fabr. , Inc. in the amount of $5,500.00 to be taken
from the capital account.
Director of Public Works
Mr. Hilliard reported that he had not been successful in getting
Pic & Save to clean up the outside of the building. It was moved
by Commissioner Minton, seconded by Commissioner Cook to instruct
the City Attorney to take the necessary legal action to get the
outside of the store cleaned up.
Commissioner Rosborough stated that Mr. Hilliard should be com-
plimented on the way he had done the street ends.
Mayor Howell reported that a problem existed along Saratoga Circle
and Forestal Circle. The people that live along these streets pre
throwing trash and garbage over the fence. Mr. Hilliard stated
that his men are unable to get in there and mow because of the
trash. Mayor Howell instructed the City Attorney to notify the
owner of the property on the northside of the fence instructing him
to mow and clean up his property.
There being no further business Mayor Howell dee - =- he meet ' •
adjourned.
(Seal) % lifig A
oil i 'S . Howell
ATTEST Mayor-Commissioner
Gloria June Knight
City Clerk
RESOLUTION NO, 75-10
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, that
The following budget transfers and changes to be made
in the 1974-75 Budget:
ACCOUNT INCREASE DECREASE
Account No. 2501 Federal
Revenue Sharing $72, 500
Dank Account No. 0041-3
Atlantic Beach City
Federal Revenue Sharing
Trust Fund $72, 500
TOTAL INCREASE AND DECREASE $72, 500 $72, 500
* * * * * * * * * *
Passed by the City Commission on August 11, 1975
ATTEST:
Uforia J e Knight
City Clerk
RESOLUTION NO. 75-11
A RESOLUTION AUTHORIZING THE CITY OF ATLANTIC
BEACH, FLORIDA TO COOPERATE WITH THE OTHER
MUNICIPALITIES LOCATED WITHIN THE DUVAL BEACHES
201 PLANNING AREA IN THE PARTICIPATION WITH THE
FEDERAL GOVERNMENT OR THE APPROPRIATE AGENCY
THEREOF, IN A 201 FACILITIES PLAN UNDER P. L. 92-500.
WHEREAS the State of Florida, Department of Environmental Regulation
under P. L. 92-500 has designated as a 201 Facilities Planning Area that area
known as the Duval Beaches 201 Planning Area; and
WHEREAS the Duval Beaches 201 Planning Area is comprised of that
area bounded on the North by the St. Johns River, on the West by the Intracoastal
Waterway, on the South by the Duval/St. Johns County Line and on the East by
the Atlantic Ocean of which the City of Atlantic Beach is a part thereof; and,
WHEREAS the City of Atlantic Beach has been notified by the
State of Florida, Department of Environmental Regulation that it is in the best
interests of its citizens for the City of Atlantic Beach, Florida to participate in
a 201 Facilities Plan for sewage treatment and disposal for the Duval Beaches
201 Planning Area;
NOW THEREFORE, BE IT RESOLVED by the City Commission of the
City of Atlantic Beach, Florida that the City of Atlantic Beach, Florida does
hereby approve of and agrees to cooperate with the other municipalities located
within the Duval Beaches 201 Planning Area in the participation with the Federal
government, or the appropriate agency thereof, in a 201 Facilities Plan for
the treatment and disposal of sewage in the Duval Beaches 201 Planning Area.
I HEREBY CERTIFY that the foregoing is a true and exact copy of
Resolution No. 75::-// adopted by the City Commission of the City of Atlantic
Beach, Florida on the //pay of g,(,/ , 1975.
(Seal) ATTEST:
i
. #
‘ /
Gloria Ju-e Knight, Ci :�% Clerk
•
RESOLUTION NO. 75-12
A RESOLUTION AUTHORIZING THE APPOINTMENT OF TWO
REPRESENTATIVES OF THE CITY OF ATLANTIC BEACH,
FLORIDA TO THE 201 TECHNICAL ADVISORY BOARD (TAC)
IN CONNECTION WITH THE DEVELOPMENT OF A 201
FACILITIES PLAN FOR THE TREATMENT AND DISPOSAL
OF SEWAGE IN THE DUVAL BEACHES 201 PLANNING AREA.
WHEREAS the City Commission of the City of Atlantic Beach, Florida
has adopted Resolution No. 75-12 which provides for the City of Atlantic
Beach, Florida to cooperate with the other municipalities located within the
Duval Beaches 201 Planning Area in the development of a 201 Facilities Plan
under P. L. 92-500; and,
WHEREAS it has been determined that the formation of a 201 Technical
Advisory Committee (TAC), composed of two representatives from each of the
municipalities located within the Duval Beaches 201 Planning Area, is necessary
to represent and provide liaison between the communities and the Engineers in
the preparation and submission of an application for Federal Assistance for
planning grant funds under P. L. 92-500, and further, to aid, guide and assist
the Engineersin the development and preparation of the 201 Facilities Plan;
NOW THEREFORE, BE IT RESOLVED by the City Commission of the
City of Atlantic Beach, Florida that the Mayor of the City of Atlantic Beach,
Florida be and is hereby authorized to appoint two representatives of the City
of Atlantic Beach, Florida to the 201 Technical Advisory Board (TAC); said
appointments to be subject to the approval of the City Commission of the City
of Atlantic Beach, Florida.
I HEREBY CERTIFY that the foregoing is a true and exact copy of
•..
Resolution No. 75-12 adopted by the City Commission of the City of Atlantic
Beach, Florida on the 11th day of August , 1975.
(Seal) ATTEST:
)4f-C97/‹4729W.,%-.,A/0/e/&l
Gloria Ju e Knight, Clerk