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