03-17-87 v MINUTES OF THE COMMUNITY DEVELOPMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
March 17, 1987
CITY HALL
Present : W. Gregg McCaulie, Chairman
L. B. MacDonell, Vice Chairman
Samuel T. Howie
Ruth Gregg
Frank Delaney
Donald Tappin
John Bass
And: Richard C. Fellows, City Manager
Claude L. Mullis, City Attorney
Rene' Angers, Recording Secretary
And: John Merritt
Lawrence R. Bowers
William M. Pennell
Peter Johnson and Hugh Carrithers
Robert E. Killey
The meeting was called to order at 7:00 p. m. Chairman McCaulie
asked for a motion on the amended minutes of the meeting of
February 17, 1987. Mr. Howie motioned to approve the amended
minutes as presented. Mr. Bass seconded the motion, which
carried unanimously.
MISCELLANEOUS BUSINESS
A. Presentation by Gee & Jensen - Comprehensive Plan
Melody Linger and Janice Fleet, representatives from Gee &
Jensen, gave the board a brief presentation concerning the role
of the Community Development Board in the updating of the
Comprehensive Plan. They stated that they would be present at
each meeting of the Community Development Board to update the
members on their progress and to answer questions.
B. Amending PUD Ordinance - Item was withdrawn from agenda
NEW BUSINESS
A. Planned Unit Development - Selva Linkside
W. Gregg McCaulie and Louis B. MacDonell declared conflicts of
interest and abstained from voting.
John A. Merritt, 632 Magnolia Street, Neptune Beach, presented
the amended layout of the proposed Selva Linkside development.
Ruth Gregg asked if the new plan provided sidewalks. Mr. Merritt
replied that there would be one side walk on Eleventh Street
Henry Gartland, 1140 Seminole Road asked if the area along the
lagoon was no longer included in the development and whether the
developers were still negotiating for city owned land.
Mr. Merritt replied that the area along the lagoon was no longer
included in the plan and that they were no longer asking to swap
land with the city.
Ralph Kingsley, 1445 Seminole Road, did not think the development
would be detrimental to the area and was in favor of the project.
Other points discussed included; retaining ponds encroaching the
Selva Marina Golf Course, the right of ways across city owned
property, the impact of additional traffic to the area, the size
of recreation area provided in relation to density, the need for
additional buffering adjacent to the wastewater treatment plant
and the public works yard.
After discussion, Mr. Howie motioned to recommend approval of the
Planned Unit Development. Mr. Bass seconded the motion, which
carried three to two. Bass, Howie and Gregg voted yes; Delaney
and Tappin voted no; MacDonell and McCaulie abstained.
B. Planned Unit Development - Seminole Shores South
Item had been withdrawn from the agenda prior to the meeting.
*
C. Variance of Rear Yard Requirements on a Pie-shaped Lot -
Lawrence R. Bowers; Lot 37, Oceanwalk Unit IV
Lawrence Bowers, 1133 Hamlet Court, Neptune Beach, and Bill
Ebert, architectural advisor for Oceanwalk, presented the plans
to the board. The rear yards ranged from 15' and 16' at the
closest points to approximately 45' at the farthest point. They
stated that the plan had been designed according to City of
Jacksonville zoning regulations which states pie-shaped and
corner lots have no rear yard, only side yards. They stated that
Jacksonville had issued permits in Oceanwalk, prior to Jan. 1,
1987, with similar setbacks on pie-shaped lots and that there
were approximately two other lots that may have the same problem.
They added that they had spent considerable time and money
designing the house and felt the house could not be re-arranged
on the lot to meet the requirements and retain architectural
integrity.
There being no discussion from the audience, Mr. MacDonell
motioned to approve the variance as requested, due to the
considerable amount of time and money that had been spent
designing the house to Jacksonville regulations. Mr. Howie
seconded the motion. A point of order came from Mr. Delaney in
that he felt the shape of the lot caused a hardship to the
applicants.
After discussion, Chairman McCaulie read aloud the Findings of
Fact. Each item was answered favorably by the board members. The
vote was called. The motion to approve the variance carried
unanimously.
*
D. Variance of Side Yard Requirements in a Commercial General
District - William M. Pennell; Lot 6, Block 38, Section H
Mr. Pennell, 1309 Neptune Grove, Neptune Beach, stated that he
had demolished a derelict structure that existed on the lot when
he purchased it, leaving a concrete slab 14. 4' from the east side
property line and 7. 3' from the west side property line. He
stated that he had assumed the zoning provided for 7. 5' side
yards and he did not become aware of the 10' requirement until he
applied for a building permit. He added that a similar variance
has been granted to the property directly behind this lot. He
asked for permission to construct his new building on the
existing slab.
There being no one else to speak on the application, Mr. Tappin
motioned to approve the request for variance. Mr. Howie seconded
the motion. Chairman McCaulie read aloud the Findings of Fact.
Each item was answered favorably by the board members. The vote
was called. The motion to approve the variance carried
unanimously.
*
E. Variance of Side Yard Requirements for a Detached Structure -
L. Peter Johnson; Part of Lot 5, Block 16, Daniel & Hackett
Replat, 659 Ocean Boulevard
Mr. Johnson, 1747 Seminole Road, stated that he has a sales
contract contingent upon being able to construct the carport as
indicated. The carport would be detached, 1 '8" from the side
property line, and would be open underneath. Ruth Gregg asked
why they couldn't construct the carport closer to the house and
provide the necessary 5' side yard. Mr. Johnson replied that
moving the structure closer to the house would cut off the light
supply from the side windows.
Mr. Ronald Brugh, 645 Ocean Boulevard, stated that at one time
there was a garage for the house but that it had been converted
into living area. He stated that he was very much opposed to the
variance.
There being no further discussion, Mr. Howie motioned to approve
the variance. Chairman McCaulie seconded the motion and read
aloud the Findings of Fact. There was no agreement by the board
members on items no. 3 and no. 10. The vote was called. The
motion failed, five to two. Members Howie and McCaulie voted
yes. Members Gregg, MacDonell, Delaney, Tappin and Bass voted
no.
F. Variance of Side Yard Requirements in RS-2 Zoning District -
Robert E. Killey; Lot 26, & E. 15' of Lot 28, Block 8,
Subdivision "A", 361 Sixth Street
Mr. Killey stated that he has plans to add a new dining room and
to enlarge the kitchen of his existing house. He stated that
they would like to continue the existing wall on the east side of
the house but that it is presently 6. 0' from the side property
line, leaving only 13. 4 ' total side yards rather than the
required 15. 0' . He added that the addition could be jogged-in to
meet the 15. 0' requirement, but that it would not be as
aesthetically pleasing and it would cost an additional two
thousand dollars.
After a brief discussion, Mr. MacDonell motioned to approve the
request. Mr. Howie seconded the motion. Chairman McCaulie read
aloud the Findings of Fact. There was no agreement by the board
members on items no. 1 and no. 4. The vote was called. The motion
to approve the variance carried six to one, Chairman McCaulie
voted no.
FURTHER MISCELLANEOUS BUSINESS
A. Variance from the Septic Tank Moratorium - Beaches Memorial
Gardens
The board was in receipt of written request for relief from the
septic tank moritorium from Chester Adams, manager of Beaches
Memorial Gardens, located on Main Street in Section H. The
letter indicated that they plan to construct an office on their
approximate 30 acres within the next thirty days. The closest
public sewer is located approximately 1, 200 feet away.
Mr. MacDonell motioned to recommend approval of the request.
Mrs. Gregg seconded the motion which carried unanimously.
Mr. Bass abstained due to a conflict of interest.
There being no further business before the board, Mr. Howie
motioned to adjourn. Ruth Gregg seconded the motion which
carried unanimously. The meeting Was adjourned at 9:24 p. m.
W M ie, Chairman
•
FORM 8B MEMORANDUM OF VOTING CONFLICT FOF
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME NAME 01 BOARD, COUNCIL,COMMISSION, AUTHORITY,OR COMMITTEE
COMMUNITY DEVELOPMENT BOARD
? tin �Y
M ; ADDRESS THE THE BOARD,COUNCIL,COMMISSION, AUTHORITY,OR COMMITTEE ON
7/ 5
/ J a C� lW'HICH I SERVE IS A UNIT OF:
'� Dr- J( CIIY 1 . COUNTY . ' OTHER LOCAL AGENCY
CITY COUNTY ///��`
NAME OF POLITICAL SUBDIVISION:
f/am/1 L Le ,e 0 r 14 � � CITY OF ATLANTIC BEACH
DA E ON WHICH VOTE OCCURRED MY POSITION IS:
/ 7 -
J ELECTIVE X. APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
u should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form should be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
DACG I
•
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes.
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, i h ` 1 h ny B O S S _ , hereby disclose that on 3 - / 7 _ , 19 g 7
(a) A measure came or will come before my agency which (check one)
inured to my special private gain; or / J
/inured to the special gain of 8-e a G/(e S MC 1 or c,a r o'/
e/l S , by whom I am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
S ewe( A ao k q -)
3/2 v/ S 7 _ N ff�.ivi
Dat Filed ,'nature
1111111111111
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
FORM 4 MEMORANDUM OF VOTING CONFLICT
LAST NAME-FIRST NAME-MIDDLE NAME
VI9C DCA/ELL LOUIS /3Ayi THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
AILING ADDRESS
535 Sc'L✓R/lJrMiNy �2icl� (]'CITY 0 COUNTY 0 OTHER LOCAL AGENCY 0 STATE
CITY COUNTY
4' NT7L
C/'p_ L"
� Al NAME OF POLITICAL SUBDIVISION OR STATE AGENCY
DATE ON WHICH VOTE OCCURRED
4/.t2c,i / 7 / y b� (1/7y o7C-.9 rc4A1Tic D ?9cti
NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
eiP// i4J//ryDc .2- 9 i27L-4 T,tic 2
WHO MUST FILE FORM 4
This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee,
whether state or local,and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of
interest.
As the voting conflict requirements for public officers at the local level differ from the requirements for state officers,this form is divided
into two parts: PART A is for use by persons serving on local boards(municipal,county,special tax districts,etc.), while PART B is
prescribed for all other boards, i.e., those at the state level.
PART C of the form contains instructions as to when and where this form must be filed.
PART A
VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS
[Required by Section 112.3143(3), Florida Statutes (Supp. 1984).]
The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM
VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from
knowingly voting in his official capacity upon any measure which inures to the special gain of any principal(other than a government
agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained.
In any such case a local public officer must disclose the conflict:
(a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is
abstaining from voting;and
(b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below.
NOTE:Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357,
Florida Statutes(Supp. 1984),or officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from
voting. In such cases, however, the oral and written disclosure of this part must be made.
1, the undersigned local public officer, hereby disclose that on /1/42Ci" / 719
(a) I abstained from voting on a matter which(check one):
inured to my special private gain; or
inured to the special gain of , by whom I am retained.
•
(b) The measure on which I abstained and the nature of my interest in the measure is as follows:
APPLJc, 7/CXf /9/L P. v:22 ze,-.A.e"v6' O.tf L,9,vj2 ' i<,-'0 j, A s
-57el 1//4 L,AvidsiI .I f,//l .9 31.5% PfRTNe- , 1A1 771E PFJR3-"e7-„SN,p
j<J4406 Zc( .9 5 i'SEL i,/r4 L/AIi<.S'/L
23 /e7 ,6 '
Date Filed Signature
Please see PART C for instructions on when and where to file this form.
PART B
VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS
[Required by Section 112.3143(2), Florida Statutes(Supp. 1984).]
Each state public officer is permitted to vote in his official capacity on any matter. However,any state officer who votes in his official
capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required
to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs.
I, the undersigned officer of a state agency, hereby disclose that on_ , 19 •
(a) I voted on a matter which(check one):
inured to my special private gain; or
inured to the special gain of , by whom I am retainec
(b) The measure on which I voted and the nature of my interest in the measure is as follows:
Date Filed Signature
IPlease see PART C below for instructions on when and where to file this form. I
PART C
FILING INSTRUCTIONS
This memorandum must be filed within fifteen(15)days following the meeting during which the voting conflict occurred with the person
responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes.This form need not
be filed merely to indicate the absence of a voting conflict.
NOTICE:UNDER PROVISIONS OF FLORIDA STATUTES§I12.317(1983),A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY
BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT,
DEMOTION,REDUCTION IN SALARY,REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED 55,000.
FORM 4 MEMORANDUM OF VOTING CONFLICT
LAST NAME-FIRST NAME-MIDDLE NAME
McCAUL I E, W. GREGG THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON
_ WHICH I SERVE ISA UNIT OF:
AILING ADDRESS
394 11th Street iN CITY 0 COUNTY 0 OTHER LOCAL AGENCY O STATE
CITY COUNTY
Atlantic Beach Duval NAME OF POLITICAL SUBDIVISION OR STATE AGENCY
DATE ON WHICH VOTE OCCURRED
March 17 , 1987 City of Atlantic Beach, Florida
NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Community Development Board
WHO MUST FILE FORM 4
This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee,
whether state or local,and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of
interest.
As the voting conflict requirements for public officers at the local level differ from the requirements for state officers,this form is divided
into two parts: PART A is for use by persons serving on local boards(municipal,county,special tax districts,etc.),while PART B is
prescribed for all other boards, i.e., those at the state level.
PART C of the form contains instructions as to when and where this form must be filed.
PART A
VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS
[Required by Section 112.3143(3), Florida Statutes (Supp. 1984).]
The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM
VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from
knowingly voting in his official capacity upon any measure which inures to the special gain of any principal(other than a government
agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained.
In any such case a local public officer must disclose the conflict:
(a) PRIOR 10 7'1I E V0 l'L BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is
abstaining from voting;and
(b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below.
NOTE:Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357,
Florida Statutes(Supp. 1984),or officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from
voting. In such cases, however, the oral and written disclosure of this part must be made.
I, the undersigned local public officer, hereby disclose that on March 17 , 19 87
(a) I abstained from voting on a matter which(check one):
inured to my special private gain; or
X inured to the special gain of William Ar z i e ,by whom I am retained.
(b)The measure on which I abstained and the nature of my interest in the measure is as follows:
I have in the past and anticipate that in the future I will
perform legal services for Mr. Arzie.
March 30, 1987 '
Date Filed Si: 44
Please see PART C for instructions on when and where to file this form.
PART B
VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS
[Required by Section 112.3143(2), Florida Statutes(Supp. 1984).]
Each state public officer is permitted to vote in his official capacity on any matter. However,any state officer who votes in his official
capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required
to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs.
I, the undersigned officer of a state agency, hereby disclose that on , !9
(a) I voted on a matter which(check one):
inured to my special private gain; or
inured to the special gain of , by whom I am retain
(b) The measure on which 1 voted and the nature of my interest in the measure is as follows:
Date Filed Signature
IPlease see PART C below for instructions on when and where to file this form.
PART C
FILING INSTRUCTIONS
This memorandum must be filed within fifteen(15)days following the meeting during which the voting conflict occurred with the person
responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes.This form need not
be filed merely to indicate the absence of a voting conflict.
NOTICE:UNDER PROVISIONS OF FLORIDA STATUTES¢112.317(1983),A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY
BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT,
DEMOTION,REDUCTION IN SALARY,REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED$5,000.