09-13-71 v V
CITY OF ATLANTIC BEACH
AGENDA
September 13,, 1971
1. Call to order.
2. Invocation.
3 . Approval of Minutes of August 23, 1971 and August 26, 1971.
4. Recognition of Visitors.
5. Correspondence.
6. Bid Opening: Sanitary Sewer Extensions - East Coast Drive.
7. Connie Daniels: Day Nursery.
8. Raymond Dagley: Junk Car Operations.
9. C. S. Perry: Resolution Nuisance Ordinance.
10. Chief of Police.
11. Public Works Superintendent.
12. City Clerk.
13. City Manager.
14. Commissioners.
15. Mayor.
16. Adjourn.
•
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION
HELD AT THE CITY HALL ON MONDAY, SEPTEMBER 13, 1971 AT 8 :00 P. M.
Present: William S. Howell, Mayor-Commissioner
t . J. Longo
L. W. Minton, Jr.
R. R. Rosborough
M. Marvin, Commissioners
and
R. C. Vogel, City Manager
Oliver Ball, City Attorney
Adele S . Grage, City Clerk
The meeting was called :.o order by the Mayor-Commissioner, Mr.
Howell.
The invocation was given by Commissioner Minton, follwed by the
salute to the Flag.
The minutes of August 23, 1971 meeting were approved as written and
moved by Mr. Longo, seconded by Mr. Rosborough, and passed.
The minutes of the special meeting of August 26, 1971 were approved as
written upon motion of Mr. Rosborough, seconded by Mr. Minton.
Mr. Howell recognized visitors and called for any business from the
floor not on the agenda. Mr. Murray Cabe of 379 Ahern Street
appeared and stated that he was there in regards to Rolands Red Barn
on Atlantic Boulevard, and the excessive smoke, soot, and odor
coming therefrom. He further stated that there were several large
property owners and motel owners in the audience who were also up-
set about the situation. Mayor Howell stated a letter had been re-
ceived from the Carleton Motel owners relating to this subject.
He suggested that the City Manager be directed to get in touch with
the Environmental Control of the City of Jacksonville on this matter
and forward a letter to Mr. Roland Blalock advising him of the situation
and report back to the Commission at the next regular meeting. City
Manager Vogel stated that he would do so and that when this pit was
built Mr. Blalock had guaranteed that there would be no polluting
effect on the neighborhood. A further complaint was received that
the restroom facilities were not being used to full extent late it
night and the backyard was being used. Mayor Howell asked Police
Chief Stucki to check on this matter.
Bids were received on Sanitary Sewer Extension on East Coast Drive
between 12th and 15th Streets as follows :
Porters Welding and Iron Works - $4,143.85
Jax Utilities - $4,984.00
Universal Environmental Control - $4,697.00
It was moved by Mr. Longo, seconded by Mr. Minton, and carried, that
the bids be referred to Committee for study and to report back at the
Minutes 9/13/71 m Page 2
next meeting of the Commission. Mayor Howell appointed Mr. Minton,
Mr. Marvin, and City Manager Vogel as the Committee.
Mrs . Connie Daniels appeared in behalf of her petition to operate a
Day Nursery at 420 Whiting Lane. She stated she would like to limit
it to five children other than her own small youngster and that -he
had been in contact with the proper health authorities who had in-
formed her that she would have to get City Commission permission first
and then come to them for the further steps to be taken. Following
discussion it was moved by Mr. Rosborough, seconded by Mr. Marvin,
and carried , that Mrs . Daniels be permitted to operate a day nursery
at this address and at these hours of 7 :30 A. M. to 5 :30 P . M. with
a maximum number of six children assuming that she has the permission
of the Welfare and State Board of Health.
Mr. Raymond Dagley appeared on behalf of the junkyard car operation
he operates in Atlantic Beach, on Blocks 111, 112 , 113, and 142 ,
Section H, City Manager Vogel had written to Mr. Dagley and informed
him that he was in violation of City Ordinances and that complaints
had been received from owners of property in that neighborhood re-
garding appearances and damage being done. It was pointed out that
he had operated the junkyard for some 20 years and never been licenced
to do so. Mr. George T. Hall appeared to testify against Mr. Dagley's
operation and that when he had returned home from Oregon cars were
found to be parked on his property as well as on City property in
that area. Mr. Dagley appeared in his behalf and stated that the cars
were coming in at a faster rate than they could be taken care of or
picked up and that his was the only and last one of its kind in
the Beach area. He pointed out that it would be a detriment to the
beaches area to do away with the last junkyard of its kind in the
area. He further stated that cars had been pulled into him from
the City of Atlantic Beach as well as from the other Beach cities.
Mr Longo asked Mr. Dagley if he owned property and he pointed out
that he owned 21 lots in the City of Atlantic Beach. Mr. Ernest
Porter stated that he had known Mr. Dagley for some time and that the
operation was an asset to the beach what with number of cars being
abandoned as junk daily in the beaches . Mr. Doug Speed stated that
he, too, had known Mr. Dagley and he testified for his character and
the good he had done the community in his work with the boys of the
Boy Scouts and Cub Scouts , etc . , in the City. He further stated
that he could not see voting a man out of business and giving him no
other way of making a livelihood. It was moved by Mr. Minton,
seconded by Mr. Marvin, that the Ordinances presently in force as of
right now be enforced and that Mr. Dagley was illegally operating the
junkyard on City land, and that appropriate action be taken at this
time. Following further discussion, a substitute motion was made by
Mr. Longo, seconded by Mr. Rosborough, and passed that Mr. Dagley
eliminate the further receiving of any cars and to eliminate all
vehicles on his property now with the greatest amount of haste not
to exceed 12 months . It was then moved by Mr. Minton, seconded by Mr.
Longo, and carried , that the City Commission look into this matter
Minutes 9/13/71 - Page 3
further and that a committee be formed to look into the matter at
the earliest possible time to benefit Mr. Dagley and the City and
to see if something could possibly be worked out to have cars re-
moved from the streets of the City and hauled to a shred or other out-
let, and that no junkyards be allowed to operate in Atlantic Beach.
A committee was set by Mayor Howell consisting of Mr. Marvin, Mr.
Minton, and City Manager Vogel.
Mayor Howell presented Resolution 71-21 to enforce the Nuisance
Ordinance regarding Mr. C. S. Perry, and the unsightly and unsanitary
conditions on Lots 1 - 7, Block 34, Section H. City Manager Vogel
commented that Mr. Perry had been served with a preliminary notice
and he would like to see it corrected within 14 days as stated in
the resolution. Following discussion, it was moved by Mr. Longo,
seconded by Mr. Minton and carried, that the resolution be passed.
Copy of Resolution #71-21 is attached hereto and made a part hereof.
Mr. Rosborough stated that he wanted to commend Mr. Vogel, Mr.
Hilliard and Chief Police Stucki for installing the signs around
the school areas.
Mr. Longo asked if something could be done to have the owners of
Pleasant Acres improve their parking lot and to clean up the area.
Director of Public Works, Dick Hilliard, commented that he and his
crew had been in that Area just that day and took out six truck
loads of debris. It was ascertained that since it was a private
parking lot, the owners could not be forced to pave it.
Mayor Howell commented that he has been in contact with Mr. Ray
Bailey, Atlantic Beach School Principal and the school coordinator.
Whether or not the program being formulated in the schools now of
having them open daily, 12 months out of the year to give special
instructions and afternoon recreational programs will depend on their
success by the cooperation of all and he asked that $1,500.00 be
transferred from Park Improvements which has to do with recreation
into Community School Program. He stated that the Federal Government
is coming up with some funds as well as the City of Jacksonville
and the School Board. It was moved by Mr . Minton, seconded by Mr.
Rosborough, and carried, that Resolution #71-20 be passed to transfer
$1500.00 from Park Improvement into Community School Program. Copy
of Resolution #71-20 is attached hereto and made a part hereof.
There being no further business, Mayor Howell declared the meeting
adjourned at 9:15 P. M.
Respectfully sub tte* ,
l
AtL st•
A . Ali,
LLcUL-Qc' ' )4J) 2
Adele S. Grage, City lerk 44(,'460111t1
i ' ,�"' Howe -.
Mayor Commissioner
7 CITY OF, . .
Beath-UG4i4a
■ „,,„.,,,,..,,esi „.(7,,„rd „,., ,,„...„,.,_a,...,___,,,,_•
RESOLUTION NO. 71-20
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, DUVAL COUNTY, FLORIDA, That:
The following transfers and changes be made in the 1971 Budget:
ACCOUNT INCREASE DECREASE
PARKS & RECREATION
906 - Community School Program $1, 500.00
9-1012 - Parks Improvements $1, 500.00
TOTAL INCREASES & DECREASES $1, 500.00 $1, 500.00
* * * * * * * * * * * * * * * *
Passed by the City Commission on September 13, 1971.
Attest: 1
occeiLic_ 4
(Y .
/
Adele S. Grage, City Cler
RESOLUTION NO. 71-21
A RESOLUTION LEVYING AND IMPOSING SPECIAL CONDITIONS
FOR THE REMOVAL, SUPPRESSION OR ABATEMENT OF A DANGEROUS
UNSAFE, DILAPIDATED OR UNSANITARY STRUCTURE, PURSUANT TO
THE PROVISIONS OF ORDINANCE NO. 25-67-6 OF THE CITY OF
ATLANTIC BEACH, FLORIDA, AGAINST THAT CERTAIN PROPERTY
THAT IS HEREBY DECLARED TO BE A PUBLIC NUISANCE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA,
SECTION 1. It is hereby ascertained, determined and declared that
the certain structure, occurrence or condition upon that certain
property described as :
Lot 1 to 7 Block 34 Section H
Known as 660 Mayport Road, At7antir Reach, Florid
(Street Address)
Owner Charles S . Perry
to be a dangtrous, unsafe, dilapidated and/or an unsanitary
structure, occurrence or condition as described and specified to
the owners and interested parties by written notice heretofore
served, pursuant to the provisions of Ordinance No. 25-67-6.
SECTION 2. That the aforesaid conditions constitute a public
nuisance.
SECTION 3. The City Manager, or his duly authorized agent, is
hereby ordered to:
remove debris, junked building materials . and unsightly
and unsanitary materials
SECTION 4. The City Manager, or his duly authorized agent, shall
cause a true copy of this Resolution to be posted upon the premises
and a true copy delivered or mailed to the owner and interested
parties.
SECTION 5. This Resolution shall take effect immediately upon its
passage.
* * * * * * * *
Adopted by the City Commission of the City of Atlantic Beach,
Florida, on the 13 day of September 19 7
(20(Leja 1/1K
(SEAL) City Clerk
NOTICE RESPECTING
DANGEROUS, UNSAFE, DILAPIDATED
OR UNSANITARY STRUCTURES
Delivered by Hand to:
Charles S . Perry
660 Mayport Road
Atlantic Beach, Fla. 32233
TO The Owner, Occupant or Custodian of:
LOT Lots 1 to 7 BLOCK 34 - Section H
KNOWN AS : 660 Mayport Road, Atlantic Beach, Fla.
ATLANTIC BEACH, FLORIDA.
NOTICE is hereby given that the building or structure
situated upon the above described property has become structurally
dangerous, unsafe, dilapidated or unsanitary in the following
respects, to wit. Debris, junked building materials, and
unsightly and unsanitary materials.
and has been allowed and permitted to remain in such dangerous,
unsafe, dilapidated or unsanitary condition contrary to, and in
violation of, the provisions of Ordinance No. 25-67-6 of the
City of Atlantic Beach, Florida;
That it is the opinion of the undersigned that the above
mentioned prohibited act or condition should be removed, suppressed
and abated by the tearing down and removal of all of those por-
tions of the above described property which are detailed above
as being in a dangerous, unsafe and dilapidated condition, or
such other appropriate action as may be necessary to relieve the
unsanitary, or other condition complained of and that the
estimated cost thereof is the sum of $ 200.00 ,and that the
proportion of such cost to be borne by the City of Atlantic Beach
is the sum of $ 50.00 , represented by the furnishing of
equipment, engineering and other services and facilities, and the
proportion of such cost to be borne by the owner or occupant of
the above described property is the sum of $ 150. 00
That the City Commission of the City of Atlantic Beach,
Florida, will meet on the 13th day of September , 19 71,
at the hour of £3 :00 P. M. in the City Hall of said City, to
• permit any owner, occupant, or other person interested in the
above described property, to present to the City Commission
-1-
1' 4
-2-
any objections which he, she, or they may have or assert to the
removal, suppression or abatement of the above described pro-
hibited act or condition, or to the assessment of the cost
thereof as hereinafter provided;
That unless such prohibited act or condition has
been effectively removed, abated or suppressed on or before the
time of aforesaid meeting, the City Commission may order the same
forthwith removed, suppressed or abated in such manner as the
City Commission may determine, and assess the cost of so doing,
or such proportion thereof as it may deem equitable and just,
against the owner or occupant of said prmperty, and provide that
the City, in order to enforce collection of such proportion of
said costs as is net borne by the City, shall have and assert a
special assessment, together with interest and all costs of
collection, including reasonable attorney' s fees and any such
owner, occupant, or person otherwise interested therein, who
shall not at such meeting present in writing to the City
Commission his, her, or their objections to the proposed removal,
suppression or abatement, or levy of special assessment to finance
and defray the cost thereof, shall be deemed to have consented
thereto.
Dated this 7th day Of September , 1971.
Pr/
City Manager, Atl nti Beach, Florida
ATTEST:
ade_et,
City Clerk, Atlantic Beach, lorida
111