06-23-86 v AGENDA
CITY OF ATLANTIC BEACH
June 23, 1986
Call to Order
Invocation and Pledge to the flag
1. Approval of the regular meeting of June 9, 1986, and the special
meeting of June 16, 1986
2. Receipt of bids for resurfacing of a number of streets in Atlantic
Beach
3. Action on Ordinances:
A. Ordinance No. 95-86-29
Public hearing and final reading of an Ordinance amending the
Ordinance Code of Atlantic Beach, Florida; prohibiting animals
on the beach between May 1 and October 1 of each year, provid-
ing penalties
4. Action on a proposal by planners, Gee and Jenson, on preparation of
an evaluation report and priority schedule in regards to the new
Florida Growth Management plan in the amount of $2,200.00
5. Action by the City Commission to accept for maintenance the
Westside force main in the Buccaneer Water and Sewer District
6. Action by the City Commission to accept for maintenance a portion
of Camelia Street 300 feet north of West Ninth Street
7. Discussion by the City Commission on lifting of the Resolution
establishing a sewer moratorium for connections outside the City
limits
8. Action by the City Commission to approve a change order on the dune
overwalk project increasing the amount of the contract by
$14,621.80
9 Action on Ordinances:
A. Ordinance No. 90-86-106
Continuation of public hearing and final reading of an Ordi-
nance proposing to rezone a parcel of land located south of
Cornell Lane from RG-2 to RG-3
(Advisory Planning Board recommends approval)
B. Ordinance No. 80-86-31
Public hearing and final reading of an Ordinance amending the
Ordinance Code of the City of Atlantic Beach, Florida, to
provide surcharges on sewer use fees for restaurants, laun-
dries, car-washes and master metered commercial accounts
C. Ordinance No. 90-86-104
Public hearing and final reading of an Ordinance amending the
Zoning Ordinance to provide florists, lawn-care services, and
pest control services as permitted uses in CG districts;
providing a use by exception for mini-warehouses and motels in
a CG district
10. Action by the City Commission to approve Budget Adjustment No. 86-6
to provide funds for the purchase of a tractor for the Sewer
Department
11. Report by Mayor Howell on the Florida League of Cities loan program
12. Miscellaneous
Adjournment
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD AT CITY HALL ON JUNE 23, 1986 AT 7:15 P.M. V V
O O
T T
PRESENT: William S. Howell, Mayor-Commissioner E E
Robert B. Cook, Sr. D D
Glenn A. Edwards
William I. Gulliford, Jr. M S
John W. Morris, Jr. , Commissioners O E
AND: Richard C. Fellows, City Manager T C
Claude L. Mullis, City Attorney I 0 Y
Adelaide R. Tucker, City Clerk NAME OF ONEN
COMMRS. N D S 0
The meeting was called to order by Mayor Howell. The invocation,offered
by Commissioner Cook was followed by the pledge to the flag.
1. Approval of the minutes of the regular meeting of June 9, 1986
Commissioner Morris reported an error on page five. Under Action on Ordi-
nance #95-86-29, Mayor Howell's name and vote was not reflected.
Motion: Approve the minutes of the regular meeting of June 9,1986 Cook x
as corrected. Edwards x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
* * .. * * * * * * * * .. * * * * * ,. * * * * * * * Howell x
Approval of the minutes of the special meeting of June 16, 1986
Motion: Approve the minutes of the special meeting of June 16,1986 Cook x
as submitted. Edwards x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x x
* * * ., * * * * * * * * * * * * * ;; * * * * * Howell x
2. Receipt of bids for resurfacing of a number of streets in Atlantic
Beach
The following bids were received and opened:
1. Duval Asphalt Products, Inc. ,Jacksonville $104,235.00
Bid Bond Federal Insurance Co.
2. Lillard Group, Inc. , Jacksonville $ 90,160.00
Bid Bond Seaboard Surety Co.
Bid tabulation is attached hereto and made a part hereof.
is * * * * * ., * * * * * .. .. * * * * * * * * * * * * * ..
Motion: Refer bids to Committee to report back at the next meeting. Cook x
Edwards x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Mayor Morris x x
Howell appointed Commissioner Cook, Mr. Fellows, and Mr.Claudie Hogans Howell x
to serve on the Committee.
* * * * * * * * * .. * * .. * * * * * ;: * * * * * * * * * *
PAGE TWO V V
MINUTES NAME OF
JUNE 23, 1986 COMMRS. M S Y N
3. Ordinance No. 95-86-29 Public Hearing and second and final reading
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC
BEACH, FLORIDA; AMENDING CHAPTER 5, ARTICLE I, TO CREATE SECTION
5-8, WHICH SAID SECTION SHALL PROHIBIT ANIMALS ON BEACH BETWEEN
MAY 1st AND OCTOBER 1st OF EACH YEAR; AMENDING CHAPTER 4, ARTICLE
1, TO CREATE SECTION 4-9 PROHIBITING ANIMALS ON THE BEACH DURING
CERTAIN TIMES OF THE YEAR; PROVIDING AN EFFECTIVE DATE.
Mayor Howell presented in full, in writing Ordinance No. 95-86-29 on
second and final reading. Said Ordinance was posted in line with Charter
requirements. He announced it was his understanding there was going
to be an amendment presented by one of the Commissioners and asked
for the amendment to be presented first.
Amendment 1.to the motion: Amend Section 5-8 and 4-9 of Ordinance
No. 95-86-29 by inserting the words "between the hours of Morris x
9:a.m. to 5:00 p.m." immediately following the words Gulliford x
"during the period May 1st through October 1st".
Commissioner Morris explained that would allow dogs on the beach
twelve months of the year, but prohibit them from being on the beach
during the peak people times between 9:00 a.m. and 5:00 p.m. during the
zot summer months when most of our residents were on the beach. He said
ne had talked to the City Manager and Chief of Police to arrive at a
solution in the form of a compromise to offer the public to try to
accommodate not only the people, but the dogs as well. "He said I don't
think Atlantic Beach has to be exactly like the rest of the beach cities
down here. I think we can, we have good citizens that are responsible,
that can, and will keep their animals under control". He recognized the
problem of the mess on the beach, but felt that was possibly some of t1e
city's fault in not cleaning up the mess. He presented a tool he referred
to as a "pooper-scooper" to the City Manager and the Director of Public
Works in hopes they will put them out at the street ends and at the trash
cans so folks can clean up the defecation. He also proposed that seeirg
eye and guide dogs were not subject to the amendment. During discussior
before the vote, Commissioner Gulliford noted he could appreciate what
Commissioner Morris was trying to achieve, but said "I think the biggest
problem we confront is not so much how we write these Ordinances and
what is contained therein, but a matter that this is a reaction to some
extent to the fact we have not enforced a leash law that has been on
the books for some time and a lot of people have been victimized and I
don't know whether that is the proper way to approach it. I think first
and foremost we have to determine enforcement."
The question was called and the motion carried with a three to two Cook x
vote. Mayor Howell and Commissioner Edwards voted nay. Edwards x
Gulliford x
Morris x
* * ,. * sc ;; * „ * * * * * * * * * * * * * * * * Howell x
Amendment 2. to the motion: There will be a fine of $25.00 for a Morris x
first offense with a $50.00 fine for a second offense Gulliford x
within thirty days.
PAGE THREE V V
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JUNE 23, 1986 COMMRS. MSYN
3. Public Hearing - Ordinance No. 95-86-29 continued
Mr. Mullis suggested each occurrence should a separate offense. Commis-
sioner Morris changed the motion to $25.00 for the first offense and
$50.00 on subsequent offenses thereafter. Commissioner Gulliford seconded
the motion.
During discussion, Commissioner Gulliford commented that dogs don't under-
stand fines. He added they also had a problem the motion did not address-
the residents outside of the community that take advantage of our beaches
and also had a serious problem with dogs that roam not only on the beaches,
but also the community. He felt the best way to get to the dog owner was
to impound the dog. He suggested the license fee be raised to $5.00 and
require dogs in Atlantic Beach on leashes too, to have a license. Com-
missioner Gulliford suggested the city hire a full-time person to control
dogs and use the extra license fees to help defray the cost.
Mayor Howell agreed if that was the route the Commission wanted to go, fine,
but then there needed to be other amendments that certainly no one could
object to. He said "Let's put some teeth in it. If you are found on the
beach violating the law, the fine will be not $25.00, but $50.00. It's
only those who don't obey the law that will be fined anyway." He said
the city had tried to sell dog licenses at $2.00 each for years, but up
until the prior Friday, the city had sold a total of 42 licenses to 30
People, and since Friday 6 had purchased licenses. When you talk about
..nforcement, it goes a little bit deeper than enforcement, because the
problem originally raised its head back when the people of this state
voted out municipal courts, and now tickets have to go to the county
court which will take a long time to ever get before the county judge."
Mayor Howell said that was the real problem in trying to enforce the
law.
Commissioner Morris withdrew his motion for $25.00 fine and Commissioner
Gulliford withdrew his second.
Substitute motion: There will be a $50.00 fine for each and every Cook x
offense. Edwards x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x x
* * ;; * * * * * * * * * ., * ;: * >; :: ;; ;: * * Howell x
Mayor Howell explained, for the benefit of the audience, the Ordinance
as amended prohibited dogs on the beach from May 1st to October 1st
between the hours of 9:00 a.m. and 5:00 p.m. and anyone convicted of
violating the Ordinance would be subject to a fine of $50.00 on each
offense. He asked for a motion for another amendment that the Ordinance
should take effect July 1, 1986.
Cook x
Amendment to the motion: Change the effective date to July 1,1986. Edwards x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
* * * * * * * * * * * * * .. * * * * * * * * * * .. * * * Howell x
PAGE FOUR V V
MINUTES NAME OF
JUNE 23, 1986 COMMRS. M S Y N
Ordinance No.95-86-29 - continued
Amendment to the Motion: Exclude the operation of the Ordinance in Cook x
so far as seeing eye dogs are concerned. Edwards x x
Gulliford x
No discussion before the vote. Motion carried unanimously. Morris x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Mayor Howell then opened the floor for a Public Hearing and invited
comments from the audience of approximately 110 people. Mrs. Betty
Eilers, 369 Third St. asked the Commission to ban dogs twelve (12)
months of the year from the beach due to the health hazard. She
presented the Commission a petition banning dogs from the beach that
was signed by fifty-one (51) residents of Atlantic Beach. The petition
is attached hereto and made a part hereof. Those present agreeing with
her were:Jerry James, 164 Magnolia St. , Barbara Bonner, 463 Selva Lakes
Circle, Ron Mcnare, 248-11th St. , Mrs.Childers, 824 Sherry Drive, and
Richard White, 373 6th St. Those wishing to keep dogs on the beach but
want the city to enforce the present leash law were:Jean Holmes, 10 10th
St. ,Michael Sheklin, 351 1st, Margaret Morton, 490 Sherry Dr, Donna
Martin,288 E. Coast Dr. , Cathy Pappas, 146 Ocean Blvd. , George Bull, Jr. ,
47-11th St, Betsy Wilkinson, 303 1st St, and Emily Anderson, East Coast Dr.
Warren Childers, 824 Sherry and Don Pridgen, 1303 Ocean said the problem
gas simply a matter of courtesy and the owners should clean up the mess
as they did.
As no one else spoke for or against the Ordinance, the Mayor declared
the Public Hearing closed.
Motion: Passage of Ordinance No. 95-86-29 as amended. Morris x
Gulliford x
Commissioner Cook offered a statement prepared the day before. Copy of
which is attached hereto and made a part hereof. He coiimiented he had
voted for both amendments which could possibly work, but he still felt
the present Ordinance as written but reduce the penalty, would be much
better. He added he could live with the Ordinance as amended. Following
discussion, the question was called and the motion failed with a vote
of three to two against the motion. Mayor Howell commented it was un-
fortunate the Ordinance was up for consideration. He said "certainly,
this is not the answer, we have tried this very same thing before and
that didn't work either. This is an exercise in futility. I can assure
you starting July 1, 1986 you are going to see some strict enforce-
ment, so pass the word to the wise, because we are going to enforce
it. At the next meeting of the Commission, I am going to introduce
some legislation to provide that anyone allowing their dog to defecate
on public property will be subject to a fine if they don't clean it up.
He suggested another possible amendment to close the beach from Atlantic
Blvd. to 7th St. to dogs from May until October 1st, and leave it open
north of 7th. Then in October, close the beach north of 7th and open
open it from 7th to Atlantic Blvd. At least it would provide less of an
area to provide the strict enforcement."
PAGE FIVE V V
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JUNE 23, 1986 COMMRS. MSYN
Ordinance No.95-86-29 - continued
Following discussion, the question was called and the motion failed Cook x
with a three to two vote. Mayor Howell, Commissioners Cook and Edwards x
Edwards voted nay. Gulliford x
Morris x
* ** * * * * * * * * * * * * * * * * * * ;e ;e * * * * * * * Howell x
Commissioner Cook requested the City Attorney prepare an amendment
to the present leash law changing the punishment so the police officer
can feel comfortable enforcing the law. Mayor Howell added the amend-
ment should also include making the violation of animals defecating
on public property also an offense, unless the owner cleans it up.
Commissioner Cook included dog owners should carry a pooper-scooper.
The Mayor called for a five minute recess.
Mayor Howell called the meeting back to order at 8:35 p.m. All Commis-
sioners were present.
4. Action on a proposal by planners, Gee and Jenson, on preparation of
an evaluation report and priority schedule in regards to the new
Florida Growth Management plan in the amount of $2,200.00
.s requested by the Commission during the meeting of April 28, 1986,
Ar. James English, Vice President of Gee and Jenson Engineers-Architects
offered a letter agreement between their firm and the City of Atlantic
Beach outlining the scope of services for a preliminary evaluation of
the Atlantic Beach Comprehensive Plan per rule 9J-5 Criteria. The firm
offered to do a report that would evaluate how the city stands as of
now, and which would include some scheduling priorities the city would
need to address regarding complying with the Growth Management Plan,
and provide cost estimates for ultimately updating the comprehensive
plan.
Motion: Authorize the firm of Gee and Jenson Engineers-Architects Gulliford x
to prepare an evaluation report and priority schedule in Edwards x
regards to the new Florida Growth Management plan in
the amount of $2,200.00.
During discussion before the vote, Commissioner Morris asked to have
other firms to offer proposals before a decision was made.
Substitute Motion: Table action in order to allow other firms Morris x
to come forward and offer scope of services for such an
important study.
The substitute motion failed for lack of a second.
Cook x
The question was called on the original motion and the motion carried Edwards x
with a four to one vote. Commissioner Morris voted nay. Gulliford x
Morris x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * ;: * * Howell x
PAGE SIX V V
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JUNE 23, 1986 COMMRS. MSYN
5. Action by the City Commission to accept for maintenance the Westside
force main in the Buccaneer Water and Sewer District
The City Manager reported he had received all the necessary documentation
in regards to the matter: maintenance bond for one year in the full amoint
of the improvements, and certification from the engineers. The work has
been completed and the project has been paid for.
Motion: Accept for maintenance the Westside force main in the Cook x
Buccaneer water and sewer district. Edwards x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
6.Action by the City Couuiiission to accept for maintenance a portion of
Camelia St. 300 feet north of West Ninth St.
Mr. Fellows reported the road was opened by a developer in accordance
with city specifications, and had been inspected and approved by the
appropriate authorities of the city.
Motion: Accept for maintenance a portion of Camelia St. 300 feet Cook x
north of West Ninth St. Edwards x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
* * * * * * * * * * * * * * * * ;; * * * * * * * * * * * * * * * Howell x
7. Discussion by the City Commission on lifting of the Resolution
establishing a sewer moratorium for connections outside the City limits
The Mayor explained the city had imposed a sewer moratorium for hook-up3
outside the city in the early 70's. That condition no longer existed ani
suggested the moratorium be lifted.
Motion: The policy previously adopted re sewer moratorium be Cook x x
rescinded. The proper steps be taken to allow the issuing Edwards x
of permits for sewer hook-ups outside the city without Gulliford x
coming before the Commission. Morris x x
Howell x
Commissioner Gulliford asked if figures were available on what excess
capacity we have, less those projects either under way or projected in
the next year. Mr. Braid responded there may be some excess capacity at
the moment, but when the modifications of the plant took affect, prob-
ably August 1st, they would be back to 1,000,000 daily. Once the modifi-
cations were complete and they stop some of the inflow infiltration, Mr.
Braid estimated we would have approximately 500,000 gallons per day
excess. Commissioner Gulliford asked realistically, how long would that
provide for our needs. Mr. Braid said that would depend on how fast
Section H developed. Commissioner Gulliford expressed a desire, if the
motion passed, for the Commission to put some kind of limitation when
our excess reaches 200,000 or 250,000. The Commission could talk about
it at that point so they would not get themselves in a trap. The questiDn
was called and the motion carried unanimously.
PAGE SEVEN V V
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JUNE 23, 1986 COMMRS. MSYN
8. Action by the City Commission to approve a change order on the dune
overwalk project increasing the amount of the contract by $14,621.80.
Mr. Fellows explained there was a change in the amount. Correct amount
of increase of the contract was $14,281.80. The big cost in the change
was the fact the disabled ramps as designed and bid on stopped short
42 feet and the other one 32 feet. They were made to remove the ramps,
section by section in stormy weather.
Motion: Approve the change order on the dune overwalk project Cook x x
increasing the amount of the contract by $14,281.80. Edwards x x
Gulliford x
No discussion before the vote. Motion carried unanimously. Morris x
Howell x
9. Action on Ordinances:
A. Continued Public Hearing and final reading on Ordinance 90-86-106
Mayor Howell continued discussion on rezoning conditionally.
The City Attorney explained that some confusion may have existed on
rezoning conditionally. The Attorneys had advised the Advisory Planning
3oard that it was to be condominiums and would be under the condominium
covenants as required by State law. He acknowledged receipt of a signed
copy of a document, which could be recorded, stating they will put those
provisions in the condominium covenants that are approved by the state.
Mr. Mullis added if they did not construct the condominiums, he was
authorized to record the document in the Public Records of Duval County
setting forth the same conditions of covenants running with the land.
The Mayor opened the floor for the continued Public Hearing and invited
comments from the audience. Mr. Marcus Prom, 1398 Main spoke on behalf
of his father, George Prom. He advised the Commission the conditions set
forth by the Advisory Planning Board and the Commission were going to
be made part of the condominium by-laws reported to the State. As no one
else spoke for or against the Ordinance, the Mayor declared the Public
Hearing closed.
Motion: Passage of Ordinance No. 90-86-106 on second and final Cook x
reading. Edwards x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
* * * * * * * * ;; * * * * * * * ;: * .. •„ * * ., * * .. Howell x
B. ORDINANCE NO. 80-86-31 Final Reading and Public Hearing
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH;
AMENDING CHAPTER 22, ARTICLE III, DIVISION 7, SECTION 22-166, SUBPARAGRAPH
(a) , TO PROVIDE COMMERCIAL USER FEES FOR RESTAURANTS, LAUNDRIES, CAR
WASHES, AND MASTER METERED COMMERCIAL ACCOUNTS; AMENDING SECTION 22-167
TO PROVIDE A SURCHARGE PER ONE THOUSAND (1,000) GALLONS FOR RESTAURANTS,
LAUNDRIES, AND CAR WASH CONNECTIONS; PROVIDING AN EFFECTIVE DATE.
PAGE EIGHT V V
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JUNE 23, 1986 COMMRS. MS Y N
Action on Ordinances - continued - #80-86-31
Mayor Howell presented in full, in writing Ordinance No. 80-86-31 on
second and final reading. Said Ordinance was posted in line with Charter
requirements. He 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.
Motion: Passage of Ordinance No. 80-86-31 on second and final Cook x
Edwards x x
Gulliford x
No discussion before the vote. Motion carried unanimously. Morris x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
C. ORDINANCE NO. 90-86-104 Second and Final Reading - Public Hearing
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 24, SECTION 24-104, TO PROVIDE FOR HOME
OCCUPATIONS AS A USE BY EXCEPTION EXCEPT WHERE OTHERWISE PROHIBITED BY
COVENANTS AND RESTRICTIONS; AMENDING SECTION 24-111, SUB-PARAGRAPH (b)
(1) TO PROVIDE FLORIST INCLUDING SILKS AS A PERMITTED USE IN A COMMERCIAL
GENERAL DISTRICT; AMENDING SECTION 24-111,SUBPARAGRAPH (b) (2) TO PROVIDE
LAWN CARE SERVICE, PEST CONTROL COMPANIES AND SIMILAR USES AS PERMITTED
USES UNDER SERVICE ESTABLISHMENTS; AMENDING CHAPTER 24-111 SUB-PARAGRAPH
:c) (7) TO PROVIDE FOR THE USE OF MINI-WAREHOUSES BY EXCEPTION; AMENDING
JECTION 24-111 SUBPARAGRAPH (c) (8) TO PROVIDE FOR MOTELS AS A USE BY
EXCEPTION; PROVIDING AN EFFECTIVE DATE.
Mayor Howell presented in full, in writing Ordinance No. 90-86-104 on
second and final reading. Said Ordinance was posted in line with Charter
requirements. He 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.
Motion: Passage of Ordinance No. 90-86-104 on second and final Cook x
reading. Edwards x
During discussion, Commissioner Morris asked the City Attorney if the
title addressed too many points. Mr. Mullis responded the title was
proper as it all related to zoning. Commissioner Morris referred to
the Advisory Planning Board's concern over lawn care and pest control
being permitted under Service Establishments. Because of the chemicals
they use the Board felt those businesses should be under Use By except-
ion to control locations of that type of business. The Board also wanted
to point out they had purposely left out mini-warehouses in CG zoning
and had put them in ILW where they felt mini-warehouses were more
appropriate. Commissioner Morris asked if they were dealing with grand-
fathered situations in the Ordinance. Mayor Howell said yes, as far as
mini-warehouses were concerned. The ones on Atlantic Blvd. had been there
for many years and were all constructed according to the then zoning. Also
on the west side of Mayport Rd. those mini-warehouses were constructed
under proper zoning. Mayor Howell said he understood the Advisory Planning
Board's concerns, but to take a use that was all properly built according
to Code,and built as a special use type of buildings, and make it illegal
PAGE NINE V V
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JUNE 23, 1986 COMMRS. MSYN
Action on Ordinances - continued - Ordinance #90-86-104
it doesn't seem right. Commissioner Morris agreed. He asked why the
Advisory Planning Board was questioning those particular problems. Mr.
Fellows said they expressed the concern about the lawn care as they felt
there might be some lawn mowers, etc. stored outside, and they felt the
chemicals for pest control were a hazard. Mr. Fellows said the Board had
no recommendation, they just expressed their concerns for the discussion
of the Commission. Commissioner Morris asked the Fire Chief if he had any
problems with the Board's concerns. The Fire Chief said yes, there was a
hazard possibility. The Mayor reminded them all mini-warehouses were for
dead storage only. Commissioner Cook noted the mini-warehouses under
Commercial CG would still be a Use by Exception and have to be approved
by the Commission before construction.
Following discussion, the question was called and the mo_ion carried Cook x
unanimously. Edwards x
Gulliford x
Morris x
:e * * * * * * * * * ;t :t t * :t ;: ;e * * ;e Howell x
10. Action by the City Commission to approve Budget Adjustment No.86-6
to provide funds for the purchase of a tractor for the Sewer Dept.
Ir. Fellows explained he had anticipated the municipal loan would be
closed by then, but it had not. The tractor they were using at the sewer
plant had just about collapsed and it was urgent the Commission approve
a budget amendment to allow them to use money from retained earnings to
pay for the tractor and reimburse those funds to retained earnings after
the loan is closed on July 9th.
Mayor Howell presented in full, in writing Resolution No. 86-10, a
Resolution transferring certain monies between funds.
Motion: Passage of Resolution No. 86-10. Cook x
Edwards x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
* * * * * .. * k * * ;; * * * * * * * ;: * .. * * ;e * * * * ;; Howell x
11. Report by Mayor Howell on the Florida League of Cities Loan Program
Mayor Howell reported there was a tentative closing of the loan on the
Municipal Loan Program for July 9, 1986. Prior to that, the city will
need to have the necessary papers, etc. approved before the necessary
officials could sign. The Commission would not have a regular meeting
before July 14, 1986, so a Special Call Meeting would have to be held
for the purpose of approving the final papers and authorizing the
necessary officials to sign, assuming July 9th closing date held.
12.Miscellaneous
Mr. Mullis informed the Commission the law had been amended now to re-
quire that the Planning and Zoning Boards and Board of Adjustment should
be consolidated. He will provide more details later on the matter.
PAGE TEN V V
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JUNE 23, 1986 COMMRS. M S Y N
Miscellaneous - continued
Mr.Mullis said the Board may be substantially reduced in size.
Commissioner Cook asked the City Manager for details on item 5 of the
Advisory Planning Board's report. They recommended an Ordinance be
created to regulate auto/truck service garages by requiring opaque
fencing 8' high around the property and also making it necessary for all
repairs to be done inside an enclosed building. Mr. Fellows explained
one of the members of the Board had obtained several Ordinances from
other communities and discussed with the Board members as to how they
handled auto/truck garages. The end result of the discussion was to
encourage the Commission to adopt an Ordinance to require auto/truck
service garages to operate with proper type of visual buffering so
they would try to do all their work in an enclosed building and/or
put up some type of opaque fencing.
Commissioner Cook asked Mayor Howell to amend his statement "Beginning
on July 1st there were going to be strict enforcement of the animal
Ordinance". He asked the Mayor to wait until the fines were amended
so they did not have to make arrests that would send people to jail.
Mayor Howell said he was confident all the citizens were going to
obey the laws.
commissioner Edwards reported they were facing a severe problem in some
parts of Royal Palms such as junk cars in the yards, windows broken,
doors off, and lawns in bad shape. Mr. Fellows advised those signed
complaints he and Mrs. Tucker had received were turned over to the Code
Enforcement Officer, and letters had been sent out to the offenders.
He also said if the officials of the city saw a violation of the law
that was absolutely flagrant, the city would take action without taking
a complaint. Mayor Howell commented the city could not control esthetics.
Discussion followed. Mr. Fellows suggested they attempt to get a group
from Royal Palms to form a Community Association and they could set up
meetings in the park, etc. The Committee could go around to the houses
and try to instill some pride of ownership in the neighborhood. Un-
fortunately, a large percentage of the houses are rental properties.
The City Attorney commented there were laws on the books that could
be enforced. Discussion followed on using the Code Enforcement Board.
Commissioner Morris asked the Chief of Police about unpaid parking tickets.
The Chief said 80% of the unpaid tickets were from out of town. Mr.
Mullis commented the State of Fla. does not have a law for enforcement
such as a centralized system where all tickets are reported and you
cannot renew your driver's license with an outstanding parking ticket.
Some of the cities are beginning to establish a lock and block system
or the tow-a-way system. No action taken.
Cook x x
Motion: Request the City Manager to appoint an Animal Control Edwards x
Officer as provided in Chapter 4, Article I, Sec.4-1 of Gulliford x x
the Code of The City of Atlantic Beach. Morris x
Following discussion, the question was called and the motion carried Howell x
unanimously.
PAGE ELEVEN V V
MINUTES NAME OF
JUNE 23, 1986 COMMRS. MSYN
f 1
Miscellaneous - continued
As a matter of information, Mayor Howell announced the final results of
the Sun Times poll on the dog ordinance. There were 32 for the leash law;
16 votes for letting dogs run loose, and 55 votes to ban dogs from the
beach.
There being no other business to come before the Commission, the Mayor
declared the meeting adjourned at 9:30 p.m.
Wi liam . Howell
Mayor/Presiding Officer
ATTEST:
Adelaide R. Tucker
;ity Clerk
Statement by Commissioner Robert B. Cook, June 23, 1986, Atlantic Beach, Florida
Law is basically an agreement of compromise between two or more individuals setting
forth rules whereby these individuals can co-exist peacefully. By its very nature
law is a restriction on the freedom of the individual. This does not mean, however,
that one individual should be completely restricted so as to allow complete freedom
for another individual. Remember the watchword -- compromise.
We are gathered here tonight to consider passage of an ordinance which bans animals
from the beach between May 1 and October 1 of any calendar year. Does the idea be-
hind this ordinance assume that animals will cease functioning during this period?
Don't you believe it. They will continue to run, exercise, urinate, and defecate -
only now all these activities will be moved up to our streets and yards. CAn the
ordinance, as written, be enforced by our own law enforcement officers? Will it be,
if passed?
Perhaps we need to approach the problem much as the problem of smoking in public
places has been handled; that is, designate certain areas as open to animals which
are on leashes and under control and other areas as closed to animals altogether.
This was presented to me in a facetious manner but perhaps it is a viable compromise.
Any ordinance passed should be enforceable by our own law enforcement officers or it
should not be passed. Unenforceable law, especially one which many consider to be
unjust, is often violated, making a mockery of law in general and most certainly
lowering citizens' respect for it.
Personally, I feel that the present law is adequate - if it is enforced! It does
not eliminate the problems of animal waste on the beach but it does require responsi-
bility by the animal owners in proscribing their activities. A comparable responsi-
bility for their children by parents and a watchful eye by all adults would eliminate
most of the problem and the beach could be enjoyed by all.
In a simple democracy rule is simply by the majority, no matter how oppressive it
might be. In a republic the rights of the minority are considered to be as sacred
as those of the majority. Thank God we live in a republic.