04-11-66 v CITY OF ATLANTIC BEACH
COMMISSION MEETING
4-11-66
AGENDA
1 . Call to Order.
2. Invocation.
3 . Approval of Minutes, March 28, 1966.
4. Recognition of Visitors.
5. Reports:
(a) Motor Scooters.
(b) Committee Re - Outside City Fire Aid.
(c) Committee on Avery & Wilson Insurance premium.
6. Public Hearing:
(a) "Sign Ordinance" - 2nd and final reading.
7 . Correspondence:
(a) Request to operate Nursery - Hungerfords.
8. Approval Invoice:
(a) McNeill Insurance Agency - Insurance Premium.
9. Approval Specifications and Call for Bids - Street
Re-surfacing.
10. Fire and Police Chief.
11. City Manager.
12 . Commissioners.
13. Adjourn.
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD AT THE CITY HALL ON MONDAY, APRIL 11,
1966 AT 8: 00 P. M.
Present:
William S. Howell, Mayor-Commissioner
Donald L. Goodling (Late)
Louis C. Holloway, Jr.
John W. Weldon, Commissioners
and
Frank Thompson, City Attorney
A. J. Craig, City Manager
Adele S. Grage, City Clerk
Absent: W. J. Parks, Jr. , Commissioner
The meeting was called to order by Mayor-Commissioner, Mr.
Howell.
The Invocation was given by Commissioner Weldon.
The minutes of March 28, 1966 were approved as written upon
motion of Mr. Weldon, seconded by Mr. Holloway and carried.
Mayor Howell recognized visitors present and called for any
business from the floor not on the Agenda.
Mr. and Mrs. H. Shaffer advised they bought three ducks last
year at Easter for their children and understand recently there
have been complaints registered. Chief Vogel advised them to
come to this meeting. They advised they are not raising ducks -
but just keeping them as pets for the children. They are kept
in fenced back yard and feathers swept up twice a day. The
complaints are about the noise and feathers - however, no
formal complaint has been registered, and the complainants
were not present. Mr. Weldon moved that no action be taken
until formal complaint is filed, seconded by Mr. Holloway and
carried.
Chief Vogel introduced our two new patrolmen, Robert G. Brentnell
and Shirley Causey.
A report was presented from the Committee on request by J & J
American Service Station for license to rent motor scooters;
copy of report is attached hereto and made a part hereof. They
recommend approval of request subject to their carrying adequate
insurance coverage and the conditions as listed on report, which
are the same as those required on motor bikes. There was
discussion in which it was brought out that Jacksonville Beach
had approved for motor bikes, and that we will require mufflers.
Following discussion Mr. Weldon moved that the recommendation
of the Committee be approved, seconded by Mr. Holloway, and the
Minutes 4-11-66 Page #2
vote was:
Aye: Howell
Nay; Holloway, Weldon
Absent: Goodling, Parks
Whereupon Mr. Howell declared the motion not carried.
Chief Vogel gave an oral report for the Committee relative to
outside City Fire Aid, advising that from past experience the
City will gain more than it would lose by mutual aid. He
advised we give to and receive aid from Jacksonville Beach,
Neptune Beach, the County, and NAS Mayport. The Committee
recommends we continue status quo. In the Discussion it was
brought out that immediate aid received by us recently from
Neptune Beach on a brush fire helped us save some 12 to 15
houses which were endangered. Mr. Weldon thinks recommendation
of Committee good business judgment and therefore moved that we
continue to do as recommended but keep check for a three month
period as to number of times we are called on and number of
times we call on other municipalities and bring up again at end
of 90 days, seconded by Mr . Holloway and carried.
Mr. Craig reported for Committee on Avery and Wilson bill for
premium due on insurance policies cancelled by the City as of
April 1st. He advised they are entitled to the short term
rate as provided by law and terms of the policies and he
recommended the bill be paid. A letter was read from Avery and
Wilson advising they had secured short term cancellation from
Lloyd's of London which will reduce the invoice by $227 .50, or
a net of $3, 159. 16 . Mr. Weldon advised multiplying by 4 makes
it outrageous and he would never agree to pay it - could not
conscientiously vote to pay it. Mr. Howell advised it is 35%
which is short term rate. Mr. Holloway moved that Avery and
Wilson be paid the net amount of $3, 159. 16 which is on short
rate term. Mr. Goodling arrived, and the Commission moved on to
other business while Mr. Goodling reviewed the matter. It was
then brought under consideration again. Mr. Weldon stated there
were extenuating circumstances - that the Resolution covering
Insurance Committee was not followed and no recommendation sub-
mitted to Commission in October and that first thing heard in
connection with insurance was premium notice and policies
presented at first meeting in January 1966 . He favors dis-
cussing matter again with Agents. Mr. Goodling asked if short
term rate was ironclad and Mr. Weldon stated it was not - Mr.
Goodling inquired if it was at discretion of companies - Mr.
Howell advised it was not, that any policy will state that if
Minutes 4-11-66 Page #3
cancelled by insured will be cancelled short rate. There was
further discussion of taking up with the Insurance Company,
following which Mr. Holloway re-stated his motion to pay the
bill as amended in the amount of $3, 159. 16, seconded by Mr.
Goodling and the vote was:
Aye: Holloway, Howell
Nay: Goodling, Weldon
Absent: Parks
Whereupon Mr. Howell declared the motion not carried.
Mr. Weldon then moved that we pay 1/4 pro-rata and the Agency be
further approached about waiver of short rate, seconded by Mr.
Goodling. After discussion Mr. Howell put the question and the
motion carried.
Sign Ordinance #60-66-1 was presented for 2nd and final reading.
Mr. Holloway moved that Section III-A on Page 3 be amended to per-
mit billboards under certain conditions in business and industrial
areas. Mr. Goodling inquired as to effect of amendment on Public
Hearing and was advised it would have to be reset for next meet-
ing. Mr. Goodling seconded the motion - Mr. Weldon stated that
a number of people have come to participate in Public Hearing
and would like to go ahead with same. Mr. Howell thinks can
stretch rules and will be glad to hear from anyone. Mr. Harcourt
Bull spoke against the Ordinance stating he knows the Ordinance
was prepared with idea of making Atlantic Beach a better place to
live. He stated this Ordinance changed not only building code
but also Zoning Ordinance and License Ordinance. He does not feel
Ordinance is in proper form and should be referred to City Attorney
for complete re-writing. Thinks modeled after Sarasota Ordinance
which was thrown out by Supreme Court. Chapter 23 of Southern
Standard Building Code, which this Ordinance repeals, has very
good structural requirements, but there are almost no structural
requirements in this Ordinance. Does not feel it has been edited
and thought out sufficiently to become law, and dont believe
officers of City can administer.
Mr. Stynchcomb advised he did not know Sarasota had a code, that
places like St. Petersburg, Delray Beach and Leesburg were models.
That the proposed Ordinance has been kicked around for more than
six months and has been available for reading and study. He feels
it is a good Ordinance - easily administered - does not work hard-
ship on a:-yone that does business in City of Atlantic Beach. He
stated that actually the amendment was proposed by one of the sign
companies - that he had sat with one of their representatives and
tried to tell them there is time for some action - he asked them
not to raise objection to passage of Ordinance and he assured them
Minutes 4-11-66 Page #4
that he would meet with them and ask the Commission to
appoint a member to go over the amendment and if acceptable
to the people he would work wholeheartedly as there was two
years before required removal.
Mr. Weldon presented a petition which he requested be read and
stated it was signed by 116 individuals. Mr. Stynchcomb advised
credit for work on the petition goes to Mrs. Mabel Marvin and
Mrs. Charles McKay. Mr. Howell read the petition. Mr. Goodling
suggested that discussion should be in minutes, and called for
question on the motion. The vote was:
Aye: Holloway, Howell
Nay: Goodling, Weldon
Absent: Parks
Whereupon Mr. Howell declared the motion not carried.
Sign Ordinance #60-66-1 was then read in full and the meeting
opened for Public Hearing. Notice of Public Hearing was posted
in line with Charter requirements. Mr. Alan Potter of the
Planning Board advised this Ordinance was developed in interest
of Atlantic Beach and prepared after study of similar Ordinances
in cities of Florida - that Ordinance was not intended as
punitive. He introduced Mrs. E. F. Smithers of Ponte Vedra Beach,
President of Ribault Garden Club, who spoke on beautification.
He also introduced Mrs. Herbert Moller, North Atlantic Beach,
past President of Ribault Club, who endorsed removal of signs,
and Mrs. Paul Dixon of Atlantic Beach, President of Atlantic
Beach Garden Circle. Mrs. Josephine Blondheim commended the
Planning Board and would go along with their recommendations.
Mr. LaMar Dean and other representatives of his Company spoke
against the Ordinance as it now reads, its eliminating billboards
entirely and questioning the 50# per sq. ft. wind pressure, as
they are only interested in areas zoned business.
Mr. Glover Weiss asked would sign like "Chateau" be illegal under
terms of Ordinance and was advised yes.
Mr . Craig spoke on Ordinance as citizen who has had experience
as City Manager. He feels our building code has better control
of sign construction in the Chapter which this Ordinance
repeals; also the list of fees are amply covered in our present
Building Code; it puts determination for signs on City Manager
where in the past was allowed only by City Commission - thinks
it is responsibility of City Commission. The Sign Ordinance
in general is good but matters covered by the Southern Standard
Building Code should not be changed.
Minutes 4-11-66 Page #5
Mr . Stynchcomb advised the 50# wind pressure was picked from other
ocean front cities.
Mr. Bull spoke again stating City Attorney should re-write.
A representative of Daley Outdoor Sign Company said they
have azaleas planted at their billboards to beautify and that
they would also like to sit with Planning Board before
Ordinance is passed.
Mr. Otis Carr again advised it would mean a hardship to him as
his income is small and the rent for the signs is needed.
It was brought out in discussion that the Ordinance has not
been referred to City Attorney and he has not read it. Following
further discussion Mr. Howell declared the Public Hearing closed.
Mr. Weldon stated he has been through Ordinance any number of
times, that it has been bandied about since last October. He
does not suggest it is a perfect Ordinance and would be willing
to consider any reasonable amendments, but it has been given run
around long enough and he would like to see it passed.
Mr. Holloway advised that at first hearing no one was represented
but sign companies and he thinks we have to consider all facets and
that was reason for his motion this evening. Mr. Goodling would
concur with some of Mr. Weldon 's comments and feels at moment we
definitely need something like this - we will keep improving
but think should have something upon which we can improve.
Mr. Howell again questioned the legality of Section VIII covering
removal at owner 's cost of non-conforming signs which have been
permitted by the City - does not see where man in good faith puts
up sign and now within two years, at own cost, must take down.
Also places like the Chateau Restaurant cannot have sign on
Atlantic Boulevard directing people to his place of business.
There are pros and cons-basically pretty good Ordinance, but
thinks there are some things that badly need correcting. There
was further discussion following which Mr . Goodling moved passage
of Ordinance on second and final reading, seconded by Mr. Weldon.
Mr. Holloway asked Mr. Thompson if, after hearing discussion,
there was anything that would specifically prohibit from passing
Ordinance. Mr. Thompson advised he doesn 't know of anything that
would prohibit - not familiar with Ordinance - but certainly
can pass it.
•
Minutes 4-11-66 Page #6
The question was then put and the vote was:
Aye: Goodling, Holloway, Weldon
Nay: Howell
Absent: Parks
Whereupon the Mayor declared the motion carried and Ordinance
#60-66-1 passed on 2nd and final reading.
A request was presented from Mr. & Mrs. P. C. Hungerford to
operate a day nursery in Royal Palms sub-division. Their
purchasing of the property for their home will depend on per-
mission to operate the Nursery. The matter was discussed,
following which Mr. Goodling moved it be handled in same manner
as the last request - that City Manager make same thorough
investigation and report recommendations at next meeting, seconded
by Mr. Weldon. Mr. Craig is to make sure abutting property
owners are contacted for opinion. The question was put and the
motion carried.
Invoice was presented from McNeill Insurance Agency in the
amount of $6, 134.75 to cover premiums to January 1st, 1967 . It
was determined that it would be best to pay in full now than on
5 months installment with service charge. Mr. Goodling therefore
moved that invoice be paid in full, seconded by Mr. Weldon and
carried.
Mr. Craig presented specifications and "Call for Bids" for re-
surfacing certain streets. He explained the specifications and
locations in detail following which Mr. Goodling moved that the
specifications be approved and "Call for Bids" to be received
April 25th, 1966 at 8000 P. M. , seconded by Mr. Holloway and
carried.
Chief Vogel presented copies of Court Dockets for April 4th and
11th, 1966 . He advised he is putting people on notice that
speeders are going to be given tickets and fined - Beach traffic
is pretty well cut off now which is good due to condition of
the Beach - there were quite a few cars trapped on the Beach
last week.
Mr . Craig advised the opening of Little League season has been
postponed to April 22nd. He suggested that the dedication of
the Jack Russell Memorial Park be tentatively set for that date.
As to Recreation Director, Mr. Craig reaffirmed the application
of John Albright and he is pleased to advise he has been
employed. Mr. Weldon inquired if Mr. Craig has talked to Mr.
Albright and is completely satisfied. Mr. Craig advised "yes".
Mr. Craig advised he has very good application for female
assistant director to work with the girls and has opened
Minutes 4-11-66 Page #7
negotiations for a part-time employee at Donner playground. He
plans to get bleachers built at Donner playground next week.
Mr. Craig advised he has plans for a Motel in Donner S/D on
Richardson Lane - questionable as to whether accessible to public
travel. The plans have been approved by Hotel and Restaurant
Commission even though in violation of State Statutes as to
number of units. Mr. Thompson advised they could have approved
plans and not know where to be located. Mr. Craig has not
received application for permit and would 'not consider until
Commission considers. The matter was referred to the City
Manager to confer with the City Attorney and make recommendations.
Mr . Craig advised that the need of the new apartments for garbage
containers brings out that budget is not set up to handle. We
can purchase in quantities of 6 or more at reduction of $17 .00
each or net of S285.00 each. The matter was discussed including
insufficient quarterly charge made to user for these containers.
Mr . Goodling moved the matter be referred to a Committee to
report back recommendations, seconded by Mr. Weldon. It was
suggested approach apartment owners with idea of purchasing own
containers thus saving quarterly container charge. The question
was put and the motion carried. Mr. Howell appointed Mr. Goodling,
Mr. Craig and himself as Committee.
Mr. Goodling advised he will talk to Mr. Craig later relative to
Life Guards.
Mr. Howell requested Commissioners to remain after meeting for an
executive session.
There being no further business Mr. Howell declared the meeting
adjourned.
(IAttest: lfr q
11
Wil i S. ow-11, Mayor-
, Commissioner
OF
Adele S. Grage, City Cle
(WY Of. . .
AteantiC Beads--TevackApril 11, 1966
COMMITTEE REPORT
The Committee appointed by the Mayor at Commission meeting of March
28, 1966, to consider the application of Mr. Aubrey Lanigan for
license to rent Lambretta Motor Scooters, has reviewed that request
and has studied the possible results of issuance of such license.
The Committee has ascertained that the insurance firm named by the
applicant is licensed to do business in the State of Florida.
However, the amount of insurance coverage indicated on Certificate
of Insurance is deemed inadequate.
In view of the great probability that Scooters of this type will
be operated within this City and, in order that we may exercise
control thereof, the Committee recommends that license be issued to
Mr. Lanigan in accordance with his request, but subject to the
following stipulations:
1. Insurance Coverage to be in following amounts:
$100, 000.00 - $300,000.00 Liability
20, 000.00 Bodily Injury
20,000.00 Property Damage
Full Coverage for Collision .
2. Each and every Scooter shall have governor installed with
maximum attainable speed to be 30 miles per hour.
3. Each and every Scooter shall have muffler installed.
4. Amount of advance deposit to be made by renter of Scooter
to be clearly noted on rental form; and any charge for
repair of damage to Scooter while operated by the renter
also to be clearly noted thereon.
5. Rental records to be serially numbered and to be avail-
able for inspection at any time by City Manager or a
Police officer of this City.
7,"
A!' J. Craig
eN/G7---(2
R. C. Vogel
COMMITTEE
XERC IXERO 11 ERO
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