Loading...
12-12-88 v CITY OF ATLANTIC BEACH REGULAR MEETING DECEMBER 12, 1988 AGENDA Call to Order Invocation and pledge to the flag 1. Action by the City Commission to elect a Mayor pro tem to act in the absence of the Mayor with a term to end on Tuesday, November 7, 1989 2. Approval of the minutes of the Regular Meeting of November 28, and Special Meetings of November 30 and December 5 3. Recognition of visitors 4. Appearances: A. Mr. David Hodges of R.I.D.-Jax. to discuss the organizations crusade against driving under the influence B. Mr. Robert Martin of the YMCA to discuss with the City Commis- sion proposals for the Y summer program in Russell Park and the possible use of the current City Hall building for our future Senior Citizen Center, etc. 6. Committee Reports A. Commissioner Glenn Edwards, Chairman of the Awards Committee with recommendations relative to bids on a roll-on/roll-off tank for use in connection with the disposition with Buccaneer sewer sludge B. Discussion regarding the feasibility of advertising under the Consultants Competitive Negotiations Act to select engineering services to prepare plans and specifications for construction of a regional sewer plant 7. Action by the City Commission to make appointments to two seats on the Code Enforcement Board for three year terms ending September 30, 1991 8. Further discussion relative to a feasibility study on a World Class Swim Center to be funded jointly by the City of Atlantic Beach and the City of Neptune Beach from convention development tax funds 9. Action on Exceptions: A. Public hearing on an Application for Exception filed by Johnny Crouch at 80 Doris Street asking for permission to have a contractors office in his home (The Community Development board has approved this application with the provision that there be no signs, no advertising and no increase in traffic) 10. Action on Resolutions: A. Resolution No. 88-26 Introduction and adoption of a Resolution authorizing the addition of the name of Maureen King, City Clerk as a co- signer on City checks B. Resolution No. 88-23 Introduction and adoption of a Resolution authorizing the City Attorney to prepare the necessary documents to initiate condem- nation proceedings on property in Section H where the City plans a regional park 11. Action on Ordinances: A. Ordinance No. 90-88-137 Introduction and first reading of an Ordinance amending the Ordinance Code of the City of Atlantic Beach to provide for the manner of calculating the height of fences and setting of a public hearing for January 9, 1989 B. Ordinance No. 60-88-5 Introduction and first reading of an Ordinance amending the Ordinance Code of the City of Atlantic Beach to provide for a better definition of directional signs and to provide for the use of open house real estate signs and setting of a public hearing for January 9, 1989 C. Ordinance No. 5-88-20 Public hearing and final reading of an Ordinance amending the Rules of Order for the City Commission to provide for a con- sent agenda D. Ordinance No. 80-88-37 Final public hearing and adoption of an Ordinance authorizing the acquisition of the Atlantic Utility System in Oak Harbor 12. Miscellaneous business 13. Mayor to call on City Commissioners, City Attorney, City Manager, and City Clerk for reports and/or requests Adjournment MINUTES OF THE REGULARMEETING OF THE MANTIC BEACH CITY COM- MISSION HELD AT CITY HALL ON MEMBER 12, 1988 AT 7:15 PM. V V RESENT: William I. Gulliford, Jr. , Mayor/Commissioner O O Robert B. Cook, Sr. T T Glenn A. Edwards E E Adelaide R. Tucker D D Alan C. Jensen, Commissioners M S AND: Richard C. Fellows, City Manager O E Claude L. Mullis, City Attorney T C Maureen King, City Clerk I O Y NAME OF ONEN COMMRS. N D S 0 The meeting was called to order by Mayor Gulliford. The invoca- tion, offered by Commissioner Cook, was followed by the pledge to the flag. Before dealing with agenda items the Mayor asked Commissioner Jensen, since he was the only Commissioner not previously contacted in this regard, if rescheduling the regular meeting of January 9, 1989, to January 11, 1989, would present any problems. Commissioner Jensen stated he had no problem with this and the next regular meeting of the City Comission was scheduled for January 11. 1989 at 7:15 PM. 1. Action by the City Ccnmission to elect a Mayor pro tem to act n the absence of the Mayor, with a term to end on Tuesday, November 1, 1989. Motion: Elect Ccnmissioner Cook to fill the vacancy of Mayor Cook pro tern Edwards x Jensen x x No discussion before the vote. The motion carried unanimously. Tucker x x Gulliford x 2. Approval of the minutes of the Regular Meeting of November 28. and Special Meetings of November 30, and December 5, 1989. Motion: Minutes of the regular meeting of November 28, 1988 be Cook x approved as submitted Edwards x x Jensen x No discussion before the vote. The motion carried unanimously. Tucker x x Gulliford x Motion: Minutes of the special meeting of November 30, 1988 be Cook x x approved as submitted Edwards x x Jensen x No discussion before the vote. The motion carried unanimously. Tucker x Gulliford x Motion: Minutes of the special meeting of December 5, 1988 be Cook x approved as submitted Edwards x x Jensen x Tucker x x No discussion before the vote. Notion carried unanimously. Gulliford x PAGE TWO MINUTES V V DECEMBER 12, 1988 NAME OF COMMRS. MSYN 3. Recognition of visitors Mr. Robert Vincent, 1130 Seminole Road submitted for the record a letter from Donna Ross of Donna Ross Real Estate, Inc. . in which she stated that in 1986 she had applied for a permit to install a directional sign on the corner of Eleventh Street and Seminole Road in connection with the Selva Lakes project, the location of the Selva Linkside sign now at issue. She alleges she was told the issuance of such a permit would not be in accordance with the City Ordinance. Mr. Vincent also presented a letter from the law firm of Hand, Carithers, Showalter and Mercier which states, in their opinion, the Selva Linkside sign is not in accordance with the City's Ordinance. Mr. Vincent stated it is his desire to have this issue resolved as quickly and amicably as possible. Mr. Peter Rumple, of Clements, Rumple, Goodwin, D'Avi, architects for the proposed new City Hall, said his firm has had an opportunity to examine the contents of the suggestion box and found the comments to be varied; some well thought out, good suggestions and some not so nice. Mayor Gulliford stated an advertisement will be placed in the Beaches Leader advising the public that the architect's model is on display in City Hall in an effort to give the public an oppor- tunity for input. Mr. Rumple said his firm can address all the -uestions raised and the Mayor suggested he do so in writing and uYanit these to the City Manager and a planning meeting will be scheduled at a future date. 4. Appearances A. Mr. David Hodges of R.I.D.-Jax. to discuss the organization's crusade against driving under the influence. Mr. Hodges stated he was a founder of the group Remove Intoxicated Drivers - Jacksonville. He quoted statistics relative to the number of drunk drivers arrested and accidents involving drunk drivers in Atlantic Beach, and the chances of being involved in an accident involving a drunk driver. Of 50,000 traffic deaths in the U.S. annually, approximately 26,000 involve drunk drivers. He quoted the success rate of the current penalties provided by the Florida law by removal of the driver's license, D.U.I. school, and fines. He stressed the importance of stepping up enforcement of the current laws and challenged the Atlantic Beach Police Department to strive for one DUI arrest per officer per week for 1989. B. Mr. Robert Martin of the Y?(A to discuss with the City Commission proposals for the Y simmer program at Russell Park and the possible use of the current City Hall building for a future Senior Citizen Center, etc. Mr. Martin introduced Ivan Browning, Chairman of the Board of the rlington and Beaches Family YMCA, who addressed the Commission. Cdr. Browning stated the YMCA had recently received $30,000.00 PAGE THREE MINUTES V V DECEMBER 12, 1988 NAME OF COMMRS. MSYN recreational bond money from the Jacksonville District Three Community Council and outlined a proposal to use this money to install a modular building at Russell Park. The purpose of this building would be to provide a location for the YMCA Summer day camp and to expand recreational programs offered to the community. The building would house the Atlantic Beach Parks and Recreation Director, eliminating the $2,400.00 annual rental on the current Recreation office. In response to questions relative to liability, Mr. Martin stated the YMCA carries $1,000,000 in liability insurance. The Commission was generally in favor of the proposal and the City Manager was instructed to follow through on this and do whatever research was necessary and present this to the Commission for review, hopefully at the meeting of January 11, 1989. Mr. Browning also presented a proposal to the Commission relative to to use of the existing City Hall when the new City Hall becomes a reality. The YMCA would propose to establish a multi-use facility for senior citizen activities, a day care center, and possibly a museum. Mayor Gulliford stated he felt the proposal was interesting but was somewhat premature since the new City Hall would not be completed until approximately 1990, but that this was a proposal a future Commission would, no doubt, wish to consider. Committee Reports Commissioner Glenn Edwards, Chairman of the Awards Committee with recommendations relative to bids on a roll-on/roll-off tank for use in connection with the disposition of Buccaneer sewer sludge Commissioner Edwards reported three bids had been received and the committee recommended awarding the bid to the lowest and best bidder, Key Houston, Division of Jacksonville Shipyards, Inc. , in the amount of $29,498.00. Tabulation of bids is attached hereto and made a part hereof. Cook x Motion: Award bid to Key Houston, Div. of Jacksonville Edwards x x Shipyards Jensen x x Tucker x No discussion before the vote. The motion carried unanimously. Gulliford x B. Discussion regarding the feasibility of advertising under the Consultants Competitive Negotiation Act to select engineering services to prepare plans and specifications for construction of a regional sewer plant. The City Manager reported the City had received a print-out from the engineering firm of Smith and Gillespie estimating the build-out population for Atlantic Beach and he felt the City now needs to consider going out under the Consultants Competitive Negotiation Act to negotiate engineering services in connection with developing glans and specifications for a regional plant if this is the wish of she Commission. After brief discussion the City Manager was PAGE FOUR MINUTES V V DECEMBER 12, 1988 NAME OF COMMRS. MSYN authorized to prepare the necessary advertisement and proceed with the project and report back. The City Manager reported the death of Peter Johnson had left the Professional Services Evaluation Committee with only two members and the Mayor indicated he would appoint a third member to fill the vacancy. 7. Action by the City Commission to make appointments to two seats on the Code Enforcement Board for three-year terms ending September 30, 1991. Mayor Gulliford announced there were two vacancies on the Code Enforcement Board, the terms of Mattie Freeman and Fred Mills having expired. Mattie Freeman had been nominated for re-appointment and Haywood Dowling had been nominated to fill the seat vacated by Fred Mills and the Mayor asked if there were any other names the Commission wished to offer in nomination. There being none, the Mayor appointed Ms. Freeman and Mr. Dowling to the Code Enforcement Board with terms of office to run through September 30, 1991. 8. Further discussion relative to a feasibility study on a world-class swim center to be funded jointly by the City of Atlantic Beach and the City of Neptune Beach from Convention Development Tax funds. he City Manager reported he had contacted the cities of Neptune Beach and Jacksonville relative to participating in a feasibility study on a world-class swim center and that Neptune Beach would par- ticipate in the study to the extent of $6,000 and Jacksonville is not interested. The price of the study has been negotiated to $15,500 and the City Manager requested directions from the Commission as to how to proceed. Discussion ensued with questions raised as to where in Atlantic Beach or Neptune Beach such a facility would be located, the direct benefit to Atlantic Beach, and how to handle the additional traffic this facility would generate. While it was the general feeling such a facility would be a valuable attraction, it was felt that Atlantic Beach and Neptune Beach would be the least likely locations since neither city had much suitable land left to be developed. The Mayor asked if anyone wished to make a motion to authorize expenditure of $9,500 to fund the feasibility study. The subject died for lack of a motion. 9. Action on Exceptions: A. Public hearing on an application for exception filed by Johnny Crouch, 80 Dora Street, asking for permission to have a contractor's office in his home. Mayor Gulliford opened for floor for a public hearing on the ,pplication for exception and invited comments from the audience. tis no one spoke for or against the application, the Mayor declared the public hearing closed. PAGE FIVE MINUTES V V DECEMBER 12, 1988 NAME OF COMMRS. MSYN Notion: Approve the application for exception by Johnny Crouch to operate a contractor's office in his home Cook x x Brief discussion ensued whereupon it was requested that the subject Edwards x of home occupations be an agenda item at the next Commission Jensen x x meeting. The question was called and the motion carried with a Tucker x four to one vote with Commissioner Edwards voting nay. Gulliford x 10. Action on Resolutions: A. Resolution No. 88-26 Mayor Gulliford presented in full, in writing Resolution No. 88-26, a Resolution authorizing the addition of the name of Maureen King, City Clerk, as co-signer on City Checks. Cook x x Edwards x Notion: Approve passage of Resolution No. 88-26 Jensen x Tucker x x No discussion before the vote. The motion carried unanimously. Gulliford x B. Resolution No. 88-23 Mayor Gulliford presented in full, in writing Resolution No. 88-23, a Resolution authorizing the City Attorney to prepare the necessary 'ocuments to initiate condemnation proceedings on property in ection H where the City plans a regional park. Notion: Approve passage of Resolution No. 88-23 Mr. Blake, owner of Lots 1 through 6 of Block 91, spoke at length of his love and attachment to his Section H property. He stated he has a home which he is currently occupying and is in the process of building his dream home on his land and questioned whether his property was essential to the development of the park. He expressed some concerns about the suitability of the proposed site for a regional park, and made reference to the potential traffic problems and the possible damage to the nearby marshlands. He pleaded with the Commission to consider the issue from his point of view and exclude his property from the area under consideration. Mr. Tresca, owner of the rest of the property being considered under this Resolution, was also in the audience and Mayor Gulliford asked if he wished to speak to the issue. Mr. Tresca declined. Amended Notion: Strike "Lots 1 through 6 of block 91" Liman the Cook x x property description in Section 1 of the Resolution Edwards x and approve passage of Resolution as amended Jensen x Pucker x x The question was called and after a roll-call vote the motion Gulliford x carried on a three to two vote. Commissioners Edwards and Jensen roted nay. PAGE SIX MINUTES V V DECEMBER 12, 1988 NAME OF COMMAS. M S Y N 11. Action on Ordinances A. Ordinance No. 90-88-137 - First reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24, ARTICLE III, DIVISION 7, SECTION 24-157 (a) ESTABLISHING A METHOD FOR MEASURING HEIGHT OF FACES AND {ALIS, AND PROVIDING AN EFFECTIVE DATE. Mayor Gulliford presented in full, in writing, Ordinance No. 90-88-137 on first reading. Cook x Edwards x x Notion: Passage of Ordinance No. 90-88-137 on first reading Jensen x Tucker x x No discussion before the vote. Motion carried unanimously. Gulliford x Mayor Gulliford set the public hearing for January 11, 1989 B. Ordinance No. 60-88-5 - First Reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 17, ARTICLE 1, SECTION 17-1, SUBPARAGRAPH (6) TO PROVIDE FOR OFF-PREMISE REAL ESTATE SIGNS DURING AN OPEN ROUSE; AMENDING SUBPARAGRAPH 11 TO MORE PRDCISRF,Y DEFINE THE TYPES OF DIRECTIONAL SIGNS EXEMPTED FROM OPERATION OF THE CHAPTER; PROVIDING AN EFFECTIVE DATE. -ayor Gulliford presented Ordinance No. 60-88-5 in full, in writing n first reading. Cook x x Nation: Passage of Ordinance No. 60-88-5 on first reading Edwards x x Jensen x During discussion before the vote Commissioner Jensen requested the Tucker x directional Selva Linkside sign at the intersection of Seminole Road Gulliford x and Eleventh Street be an agenda item at the meeting of January 11, 1989. The motion carried with a four to one vote. Commissioner Jensen voted nay. C. Ordinance No. 5-88-20 - Public Hearing AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATf AETTC BEACH, AMENDING CHAPTER 2, ARTICLE II, SECTION 2-19, RULE 7 TO PROVIDE FOR A CONSENT AGENDA; PROVIDING AN EFFECTIVE DATE. Mayor Gulliford presented in full, in writing Ordinance No. 5-88-20 on second and 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. As no one spoke for or against the Ordinance, the Mayor declared the public hearing closed. Cook x x Edwards x Motion: Passage of Ordinance No. 5-88-20 on final reading Jensen x Tucker x x No discussion before. The motion carried unanimously. Gulliford x PAGE SEVEN MINUTES V V DECEMBER 12, 1988 NAME OF COMMAS. MSYN D. Ordinance No. 80-88-37 - Continued Public Hearing. AN ORDINANCE ACCEPTING THE OF r ER OF ATLANTIC UTILITIES OF INC. TO SELL (SIN OF THE ASSETS OF THE OAK HARBOR WATER AND SEWER SYSTEM TO THE CITY FOR THE PURPOSE OF ACQUIRING THE OAK HARBOR WATER AND SEWER SYSTEM OWNED AND OPERATED BY ATLANTIC UTILITIES OF JACKSONVILLE, INC., DESCRIBED IN SAID OFFER FOR THE PURCHASE PRICE SET FORTH IN THE ATTACH AGREEMENT OF PURCHASE AND SALE; ESTABLISHING THE OAK HARBOR WATER AND SEWER DISTRICT OF THE CITY WITHIN WHICH THE CITY WILL PROVIDE WATER AND SEWER SERVICES THROUGH THE SYSTEM PURCHASED; AITIHORIZING THE ISSUANC_'E OF OAK HARBOR WATER AND SEWER DISTRICT REVENUE BIDS FOR PAPP OF THE PURCHASE PRICE OF THE ASSETS; AITTIXORIZING PANT OF THE BONS FROM THE NET REVENUES AND AVAILABLE IMPACT FEES OF THE UTILITY SYSTEM SERVING OAK HARBOR WMR AND SEWER DISTRICT; AUTHORIZING AND DIRECTING CERTAIN OFFICERS OF THE CITY TO EXECUTE THE AGREEMENT OF PURCHASE AND SALE; AND OTHER DOGS, AND TARE CERTAIN ACTION IN CONNECTION THEREWITH; IMPOSING A CAPITAL FACILITIES ACQUISITION CHARGE UPON CURRENT CUSTOMERS OF THE ACQUIRED FACILITIES; AND PROVIDING AN EFFECTIVE DATE. Mayor Gulliford presented in full, in writing Ordinance No. 80-88-37. Said Ordinance had been posted in accordance with Charter requirements. The Mayor announced the public hearing had been held t the meeting of November 14, 1988, with action to be taken at the eeting of December 12, 1988. The Mayor invited further comments from the audience. As no one wished to speak for or against the Ordinance, the Mayor declared the public hearing closed. Cook x x Motion: Approve passage of Ordinance No. 80-88-37 on final Edwards x x reading Jensen x Tucker x No discussion before the vote. The motion carried unanimously. Gulliford x 12. Miscellaneous Business The Mayor presented in full, in writing Resolutions 88-28 and 88-29, authorizing the execution of documents to borrow $2,300,000 and $1,400,000 respectively, from the Gulf Breeze, Florida, Local Government Loan Pool Program to finance certain capital improvements in Section H. The City Attorney explained time was an important factor since the interest rates were variable rates and must be fixed in by January 4, 1989, or it would necessitate starting anew. Since the materials were quite voluminous and the Commission had not had an opportunity to examine the documents, it was decided to hold a Special Called Meeting on Tuesday, December 20, 1988, at 6:30 PM for the purpose of taking action on Resolutions 88-28 and 88-29. Mayor Gulliford declared the last half of the day, Friday, December 23, 1988, a holiday for the employees of the City of Atlantic Beach. PAGE EIGHT MINUTES V11110 V DECEMBER 12, 1988 NAME OF COMMAS. MSYN The City Attorney announced Ms. Stewart Steeg has been requested to prepare appraisals of the two lots adjacent to Howell Park which were the subject of discussion at a previous meeting, with a view to a potential exchange of properties. The City Manager announced the Ordinance which Commissioner Cook requested relative to closing off the north end of Selva Marina Drive will be prepared and ready for introduction at the meeting of January 11, 1989. Mayor Gulliford announced there is some potential state funding available and he would like to see the formation of a Safe Neighbor- hood Task Force which would benefit the citizens of Atlantic Beach. The City Manager was requested to divide the City into zones and attempt to establish a task force with representation from each zone. The Mayor also said in the near future he would like to appoint a Beautification Committee composed of citizens, the three major areas to be targeted for study being the Sign Ordinance, the litter problem, and other beautification projects. There being no further business to come before the Commission, the •yor declared the meeting adjourned. (A) VYV" t Williai t I. Gulliford, r. Mayor/Presiding Office, ATTEST: Maureen King, City erk TABULATION Airs CITY OF Date of Opening Dec,..,,,,,er 9, 1988 FOR ONE (1) 6,000-GAL. ROLL-ON ATLANTIC BEACH ' ROLL-OFF TANK Department Sanitation FLORIDA th wilift IP BESCO, INC. KEY HOUSTON DIV. ENVIRONMENTAL BID NUMBER 8889-3 JACKSONVILLE SHIP- RECOVERY GROUP YARDS, INC. ;T" Brief Descriptior. Unit Price _ bct. Pric CUnit Price►Zct. Price J!� ! •._Ext. Price 't Pricepct.. .Pri - UriitP_ ' o► 1. One (1) 6,000-gal. stainless f steel, or approved equally acceptable material, Roll-on/ Roll-off tank . TOTAL BID ON TANK $37,357 $29,498 $30,640 _ TIME TO DELLVER i 3-4 wks. 6-8 wks. 1 • r f • , s r 4 (pmts: Amount Budgeted $18,500 HAND, CARITHERS, SHOWALTER & MERCIER PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW 1020 FIRST UNION TOWER 200 WEST FORSYTH STREET JACK G. HAND, JR. JACKSONVILLE, FLORIDA 32202 TELEPHONE HUGH A. CARITHERS, JR. 19041 356-1533 RUSSELL H. SHOWALTER, JR. FAX LEE F. MERCIER December 9, 1988 19041 634-1267 TIMOTHY P. KELLY Mr. Robert J. Vincent 1130 Seminole Road Atlantic Beach, Florida 32233 Re: Selva Linkside Sign at Northwest Corner of Seminole Road and Eleventh Street, Atlantic Beach, Florida Dear Mr. Vincent: You have asked our firm to provide you with a completely neutral , unbiased opinion as to the legality of the referenced sign. In preparing this letter in response to your request, I have examined Chapter 17 of the Code of Ordinances of the City of Atlantic Beach, relating to signs and advertising structures. I have also made an on-site inspection of the sign itself and of the Selva Linkside subdivision. Because this sign is located on a City right-of-way, it would generally be prohibited by Chapter 17 of the Code unless it meets one of the exemptions from operation of the Code- as contained in Section 17-1. The only portion of that Section which I find could conceivably be applicable is Subsection 11. (You had asked me if Subsection 15, relating to signs posted on public service benches, might be applicable. I can find no conceivable application of that Subsection, since no bench exists on the corner of Seminole Road and Eleventh Street) . The relevant portion of Subsection 11 states: (11) Directional signs of any religious, charitable, fraternal or civic organizations or business establishments operated within the city, having a meeting place, clubhouse or other site within the city for the purpose of indicating the place where such clubhouse, meeting place or site is located in the city. If the sign in question were a directional sign under the foregoing Subsection, it would have been lawfully erected. For the following reasons, though, it is our unequivocal opinion that this Selva Linkside sign does not fall within the defined exception. Mr. Robert J. Vincent December 9, 1988 Page 2 In the first place, the sign must be one for a religious, charitable, fraternal or civic organization or business establishment before it falls within the exception. Selva Linkside is obviously a housing development, and thus not a religious, charitable, fraternal or civic organization. Our examination, then, must focus on whether it is a business establishment. The most basic legal principal upon which ordinances are interpreted holds that where the ordinance is plain and unambiguous, it must be given a literal interpretation. The definition of a business establishment as contained in the Random House Dictionary of the English Language, Second Edition, Unabridged, is "a place of business, together with its employees, merchandise, equipment, etc." The definition given by Webster' s Third New International Dictionary (Unabridged) is "a more or less fixed and usually sizeable place of business, together with all the things that are an essential part of it (as grounds, furniture, fixtures, retinue, employees) . " Selva Linkside itself does not fit the foregoing definitions, because it is simply a housing development, without any fixed place for doing business with employees, equipment, etc. Thus, it is obvious that the Selva Linkside sign in question is not allowed by the Code. Beyond the foregoing, a common sense reading of Subsection 11 indicates that directional signs must relate to a place where meetings may be held in order to receive an exemption. If this interpretation were not placed on the Subsection, it could be interpreted as allowing any directional sign to any business establishment, such as a store or restaurant, in any right-of-way. We do not believe that the City of Atlantic Beach meant by the enactment of Section 17-1(11) to allow, for instance, signs pointing to restaurants or stores in the median of Atlantic Boulevard. Again, then, because Selva Linkside does not have any established meeting place at its location, it does not fall within the purview of the exception contained in Subsection 11. It is also significant that Section 17-1 does contain specific exceptions for two kinds of signs related to housing subdivisions. Subsection 6 allows the existence of one real estate sign advertising a sale, rental or lease of any premises on which it is maintained. Subsection 14 allows the existence of signs erected at entrances to subdivisions or new developments. The sign in question, however, does not fall into either of the foregoing exceptions, because it is not erected at the entrance of the subdivision, nor on the premises of the subdivision. Mr. Robert J. Vincent December 9, 1988 Page 3 The reason the last two cited exceptions are significant is because the City Commission, in enacting the exceptions, clearly considered what kinds of exceptions should exist for housing developments. In doing so, they did not provide an exception which relates to the sign in question. It is another basic legal principal of interpretation that when an ordinance, on its face, addresses a topic but only makes certain provisions concerning it, that all other provi- sions were meant to have been excluded. Here, the City Commission specifically addressed exceptions for signs relating to subdivisions, but it did not provide an exception for off-site signs in city rights-of-way. This is another indica- tion that the Selva Linkside sign in question here does not comply with the Code. Thank you for this opportunity to be of service to you in this matter. I would welcome any further questions which you or anyone may direct to me on this subject. Sincerely, ��i I (1L ' Hugh 41 Carithers, Jr. HAC/lbs (LBS#60-VINCENTLT1-3) • • DONNA ROSS REAL ESTATE, INC. Di imm1112 3rd Street, Neptune Beach, FL 32233, (904) 246-4862 December 9, 1988 Mr. Robert Vincent 1130 Seminole Road Atlantic Beach, Fl. 32233 Dear Mr. Vincent: I have followed with interest the reports of the dispute regarding the sign for Selva Linkside. As you know, my real estate company was in charge of sales at Selva Lakes when it opened in the spring of 1986. At that time the Plaza St. entrance to the subdivision had not been opened and the only access was via 11th St. We were having quite a problem with prospective purchasers and other Realtors being able to easily find our location. 0 I was already familiar with the sign ordinance in Atlantic Beach but due to this problem I inquired at the City about the possibility of installing some sort of identifying or direction sign on Seminole Road and was told that the ordinance would not allow any type of sign other than the portable, small "open house" signs that could be placed on private property (with the owner's permission) . They did agree to install the city street sign on the existing post that says "Selva Lakes Circle 1 bik. West". As far as I know, the language in the ordinance is exactly the same as it was when my request for a sign in that same location was denied. ?....____ Very truly yours, na W. Ross