11-01-77 v CITY OF ATLANTIC BEACH, FLORIDA
AGENDA
November 1, 1977
RETIRING COMMISSION
1. Call to Order
2. Approval of Minutes of October 24, 1977
3. Correspondence
A. George Bull re Selva Marina Units 10 and 11
B. Mr. Parks re Selva Marina Unit 9
4. Unfinished Business
A. Continued Public Hearing - Lee Ross re P.U.D. - Lots 2-4-6
Block 9 Atlantic Beach Subdivision
B. Lit Champ Store - Seminole Road and Sturdivant - Mr. Bennett
C. E.D.A. Project Audit Proposal - Mayor Howell
5. Comments - Commissioners and Mayor Commissioner
6. Adjourn
NEW COMMISSION
1. Oath of Office
2. Call to Order
3. Invocation
4. Commission Consideration
A. Recognition of services of Commissioner Cook - Resolution 77-13
B. Plan for Water System; Sea Garden Condominium, North Atlantic Beach
5. Commissioners
6. Mayor
7. Adjourn
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH
CITY COMMISSION HELD AT THE CITY HALL ON NOVEMBER 1,
1977, AT 8:00 P.M. V V
0 0
PRESENT: William S. Howell, Mayor-Commissioner T T
Robert B. Cook, Sr. E E
Alan C. Jensen D D
James E. Mhoon
L. W. Minton, Jr. , Commissioners
M S
AND: R. C. Vogel, City Manager 0 E
Oliver C. Ball, City Attorney T C
Adelaide R. Tucker, City Clerk I 0 Y
NAME OF ONEN
COMMRS . N D S 0
The meeting was called to order by Mayor Commissioner, Mr. Howell. The
invocation, which was offered by Commissioner Minton, was followed by
the pledge to the flag.
Approval of the Minutes of October 24, 1977. Cook x
Jensen x x
Motion: The Minutes of the Regular City Commission Mhoon x x
Meeting of October 24, 1977, be approved Minton x
as submitted. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * *
Correspondence
A. George Bull re Selva Marina Units 10 and 11, combined with
Mr. Parks re Selva Marina Unit 9
Mayor Howell recognized Mr. Walter Parks, City Engineer, who commented
that the correspondence received from Mr. George Bull re Selva Marina
Units 10 and 11 pertained, in fact, to Unit 9. Mr. Parks expressed the
opinion that the paving and drainage and sanitary sewers on Saturiba
Drive from Sea Oats Drive west to Selva Marina Drive were the main
problems at the present time. Unit 10 has already been accepted by the
Commission and Mr. Parks further stated he had prepared preliminary
plans for water and sewer in Unit 11, but the plans have not been
finalized. Mauor Howell inferred that Mr. Bull was requesting acceptance
of streets in the area in question. Mr. Parks replied the median of
Saturiba Drive was not completed and the alignment of one lane to by-pass
a tree precludes him from recommending acceptance of the street by the
Commission. Mr. Bull commented the grass had not been planted due to
the growing season. He also advised the Commission he would not be
responsible to the community for removal of trees, and suggested the City
could remove the trees if it so desired. Mayor Howell noted that the
City could decide not to accept the street, and suggested the matter
concerning the Selva Marina discussion be passed over until a special Cook x
call meeting could be held to consider all units involved. Jensen x
Mhoon x x
Motion: Pass the Selva Marina subject over and call Minton x x
a special meeting to discuss all problems Howell x
concerning Selva Marina Units 9, 10, and 11.
* * * * * * * * * * * * * * * * * * * * * * * * * * *
Page Two V V
Minutes Names of
November 1, 1977 Commrs. M S Y N
.-- --L-.' . l
The chair recognized Mr. George Bull, Sr. , who stated he was not sure
if he could officially make a complaint about an item not on the
agenda. He observed that he had a complaint concerning a house at
373 - 12th Street, Atlantic Beach, owned by Mr. Henry Bitzer, and
further declared that in his opinion the property was a nuisance
and a disgrace to the community. Mayor Howell thanked Mr. Bull for
the information, and commented that although the matter was not on
the agenda, the Commission would take note of it.
Unfinished Business
A. Continued Public Hearing - Lee Ross re P. U. D.
The chair announced a continued Public Hearing was in session for a
five-unit apartment building on Lots 2, 4, and 6 owned by Mr. D. Lee
Ross. Mr. George Bull, Jr. , was recognized and presented a re-designed
parking area plan requested by the Commission on October 24, 1977.
The latter requested permission to represent Mr. Ross (as the project
architect) and reminded the Commission the original plan submitted
complies with all City zoning requirements. Mrs. Wilfur of 312 - 8th
Street spoke against Plan #1, citing air pollution as the major
problem. Mr. Wilfur advised the Commission that, although he did
not object to the parking in Plan #2, he wished to express his
opposition to both plans. As no one else spoke for or against, Mayor
Howell declared the Public Hearing closed. Mayor Howell explained to
the Commission that it had two plans before it, both of which meet
all the requirements of existing ordinances; that Plan #1 had been
before the Planning Board and had been approved; that Plan #2 had
not, to his knowledge, been presented to the Planning Board. At this
point, Mr. Bull interjected his wish to withdraw Plan #2, leaving
only Plan #1 to the consideration of the Commission. Commissioner
Cook expressed his opinion that since the plan as proposed meets every
requirement of existing ordinances, and that no law or restriction
whatsoever had been violated, the Commission did not have the right
or authority to deny Mr. Ross his prerogative to utilize his plan for
the just use of his property. Commissioner Mhoon remarked that he
was in total agreement with Commissioner Cook and that to deny the Cook x x
plan could possibly leave the City open to a lawsuit which, he felt, Jensen x
the City would certainly lose. Minton x x
Mhoon x
Motion: Acceptance of Plan #1 as proposed. Howell x
* * * * * * * * * * * * * * * * * * * * * * *
8. Lil Champ Store - Seminole Road and Sturdivant - Mr. Bennett
Mr. Reuben Bennett submitted proposed plans for a Lil Champ Store
to be located on the southeast corner of Sturdivant and Seminole Road.
Mr. Bennett answered questions from the Commissioners regarding
parking area, setback requirements, etc. , to ascertain whether or
not the plans were in compliance with the City Code. The City
Manager told the Commission that he would study the plans to assure
compliance.
Page Three V V
Minutes Names of
November 1, 1977 Commrs. M S Y N
- s •
B. Lil Champ Store - Continued Cook x
Jensen x
Motion: Plans be approved subject to report from Minton x x
City Manager that they meet all require- Mhoon x x
ments of the City Code. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * *
C. E.D.A. Project Audit Proposal - Mayor Howell
Mayor Howell presented a proposal from Tyson, Fancher and White,
explaining that this proposal was approved, basically, in the initial
grant and the initial approval of the entire budget, and that
Commission concurrence was necessary in order to submit the proposal
to E.D.A. for approval. Cook x
Jensen x x
Motion: That the E.D.A. Project audit proposal Minton x x
from Tyson, Fancher and White, CPA 's, Mhoon x
in the amount of $5,000 be approved. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * *
The Chair recognized Mr. Robert Price of the Florida Times-Union, who
introduced Mr. Robin Clark, the replacement for Mr. Mike Anderson as
Times Union reporter for the Beach. The Commission welcomed Mr.
Clark.
Mayor Howell recognized Commissioner Mhoon, who stated that it had
been a pleasure to serve for the past two years with Commissioner
Cook whom he had found to be a leader, very informed and intelligent,
and who had devoted his talents tirelessly to Atlantic Beach.
Commissioner Minton expressed his agreement and added that Commissionkr
Cook would be missed. Commissioner Jensen noted that it had been
very informative and educational sitting alongside Commissioner Cook.
Mayor Howell commented that it had been, unquestionably, a very great
pleasure over the past four years to serve with Mr. Cook and expressed
his regret to see him leave. He addressed Commissioner Cook,
informing him that his leadership and wisdom had contributed
considerably to the City of Atlantic Beach. Commissioner Cook thanked
the Commissioners, advising that he would like to leave them with one
thought; that probably the most dangerous evil in this country today
is the growth of big government and its insidious intrusion on every
facet of our lives, which has been accomplished by means of federal
aid. As his closing remarks, Commissioner Cook chose to read a
paragraph from a magazine which he felt expressed his feelings:
"HOW AN ESKIMO KILLED A WOLF: A Parable About Federal Aid - First,
the Eskimo hones his hunting knife to a razor sharpness, testing it
on the hair of his arm. Then he coats the knife with blood, which
he allows to freeze. He adds another layer of blood, and another,
until the blade is concealed by frozen blood. The wolf scents the
blood with his sensitive nose, finds the fresh frozen blood and
begins to lick it. He licks more and more feverishly until the keen
edge is bare. In the Arctic night, his craving for blood has become
Page Four V V
Minutes Names of
November 1, 1977 Commrs. M S Y N
-- _ _ , •
Commissioner Cook - Continued
so great that he doesn 't notice the sting of the naked blade on his
tongue, nor does he recognize the instant at which his insatiable
thirst begins to be satisfied by his own warm blood. His carniverous
appetite craves more, more. As he becomes weaker, he licks more
frantically on the blade, and when the grey dawn breaks over the
northern wastes, the great North American wolf lies dead. "
Commissioner Cook added it had been a pleasure serving with all the
Commissioners, that he would miss them, and that he felt he had a
very capable successor whom he wished good luck.
There being no further business to be brought before the Old
Commission, the Mayor declared the meeting adjourned.
,• ' Xtd
William S. Howell, Mayo - Commissioner
(SEAL)
Attest:
ael-da is I i L) f le,f,riev,c_.
Adelaide R. Tucker, City Clerk
•
November 8, 1977
City Commissioners of Atlantic Beach
City Hall
716 Ocean Blvd.
Atlantic Beach, Fl 32233
Commission Members:
At one time in my life I was a member of a service providing
consulting firm. During that period I was exposed to various
situations as they related to community type government.
I realize there are many informal meetings that are necessary
prior to the actual formalizing of the decision, whatever that
might be, at the public meeting.
With regard to the public meeting of the City Commission on
10/25/77. Part of that meeting was to hold a public hearing to
see if plans for a certain building site were acceptable. No fewer
than six persons stood, spoke their reasons for opposing the plan
as drawn. The reasons were for safety, health, noise pollution
etc. At that time you saw fit to ask the developer to revise his
plan A and postponed your decision for a week until 11 /1 /77. At
the 11 /1 /77 meeting the reasons for objecting to the development
were again restated to you. Plan B was acceptable to the commiss-
ion. A vote was then called for on Plan A or B. Before such a
vote had been taken, I believe Mr. Bull, Jr. withdrew plan B, leav-
ing plan A the only plan to vote on. The commission did by a voice
vote accept plan A. This action would seem to me to be irregular.
When the call or motion for a vote was held I held my hand up for
recognition from the chair, none was given.
After the voice vote of approval was recorded two members of
the commission expressed their displeasure at being cast in the
role of the developers pocket. - understand their concern. That
does not alter the fact that the City Commission had ample imput
from several residents as to their opposition. The position taken
by the City Commission was to ignore this and take action favorable
to the developer.
The question in my mind is twofold and I would appreciate a
letter of answer.
Page 2
November 7, 1977
What good does it do to come to the public meetings such as
this, when apparently the decisions have been made before hand?
The other question I have is what motivates a man to be a com-
missioner? Is it a desire to capitalize, or have an inside in-
terest on whats going on in the community, or is it an honest
desire to serve the residents of Atlantic Beach.
I submit those are difficult questions to answer, but the
events of the past three weeks have certainly developed my
curiosity.
Sincerely,
( d 41)11,
Harold N. Wilfur
P. 0 . Box 626
Atlantic Beach, Fl 32233
HNW: sw
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH
CITY COMMISSION HELD AT THE CITY HALL ON NOVEMBER 1,
1977 AT 8:00 P.M. V V
0 0
'RESENT: William S. Howell, Mayor-Commissioner T T
Alan C. Jensen E E
James E. Mhoon D D
L. W. Minton, Jr.
Catherine G. Van Ness, Commissioners
M S
AND: R. C. Vogel, City Manager 0 E
Oliver C. Ball, City Attorney T C
Adelaide R. Tucker, City Clerk I 0 y
NAME OF ONEN
COMMRS . N D S 0
The Oaths of Office were administered by Adelaide R. Tucker, City Clerk.
The meeting was called to order by Mayor Commissioner, Mr. Howell.
Commission Consideration
A. Recognition of Services of Commissioner Cook - Resolution 77-13
Mayor Howell read and presented to Commissioner Cook a plaque of Jensen x
Resolution 77-13 commending him for outstanding service to the community Minton x x
luring his term of office. Mhoon x x
Van Ness x
Motion: Adoption of Resolution 77-13 Howell x
* * * * * * * * * * * * * * * * * * * * * * * *
B. Plan for Water System; Sea Garden Condominium, North Atlantic Beach
The City Manager advised that Mr. Parks had been submitting plans for
the connection to the City system; that several months ago, the developer
had been told that the City would furnish water to the complex when it
became available, and that Mr. Parks could now enlighten the Commission
on the availability of water. Mr. Parks stated that a review of the
minutes several months ago would reveal that the Commission did,
conditionally, grant approval to Sea Garden Condominium (15 in number)
being connected to the City water system at the developer 's expense,
provided water was available at the time the connection was desired.
Mr. Parks recommended the Commission approve the hook-up, as water was
now available. Mayor Howell inquired if the water line met with the
necessary requirements of the City and Mr. Parks replied in the affirma-
tive. Mr. Parks was questioned in regards to the water meters and the
latter advised that the customer desired one meter for the cluster of
condominiums at the expense of the Condominium Association. Responding
to Mayor Howell 's query about the location of the meter, Mr. Parks
indicated it would be set within the limits of the right-of-way of
Seminole Road, and adjacent to the property line. The Mayor asked Mr.
Pastore if he was aware of the downstream pollution control charge and
the fixture charge which would be assessed each unit, plus the meter fee.
,Mayor Howell outlined the City's policy on water hook-ups, i.e. ,
Page Two V V
Minutes Names of
November 1, 1977 Commr's. MS Y N
8. Plan for Water System, Sea Garden Condominium - Continued
Mr. Pastore will pay for the water line and turn it over to the City
at no charge. The Mayor also pointed out that the water line becomes
the property of the City to handle as desired, and at no time in the Jensen x x
future could Mr. Pastore recover any charges. Minton x x
Mhoon x
Motion: Approve hook-up under conditions fully Van Ness x
outlined to Mr. Pastore Howell x
* * * * * * * * * * * * * * * * * * * * * * *
Mr. Vogel announced that after the agenda was prepared, Mr. Steckla,
Project Coordinator for the City's E.D.A. Project, had advised him
that approval of a change order was needed for the paving and drainage
of Saltair Subdivision, and suggested Mr. Parks submit details.
Mr. Parks noted that unanticipated changes must be made on Sturdivant
Drive in the amount of $7, 986.08. He further stated that after
consulting with Mr. Hilliard, Director of Public Works, it was his
opinion the City could accomplish a portion of the work (amounting to
$2, 561). Total estimated cost of the change order would be approxi-
mately $9,000 to $10,000 which included changes discussed at the last
'ommission meeting. Jensen x
Minton x x
Motion: Approve recommendation of Mr. Parks for Mhoon x x
a change order on the E.D.A. Project in Van Ness x
the amount of $9,000 to $10,000. Howell x
* * * * * * * * * * * * * * * * * * * * * * * *
Mr. Vogel remarked that an error had been made in computing Mr. A. C. Jensen x
Rees ' increase and requested the Commission 's approval to increase his Minton x x
salary to the correct amount. Mhoon x x
Van Ness x
Motion: Approve salary change for A. C. Rees Howell x
* * * * * * * * * * * * * * * * * * * * * * * *
Mr. Vogel apprised the Commission that he was in receipt of an offer
from R. K. Johnson E Company for the redemption of 35 Utility bonds
that extend through 3/1/1980. Mayor Howell suggested the item be
passed until the next meeting to give the Commission time to study the Jensen x
purchase in detail. Mhoon x x
Minton x x
Motion: Pass the offer of redemption of 35 Utility Van Ness x
bonds over until the next meeting. Howell x
* * * * * * * * * * * * * * * * * * * * * * * *
I,
CITY OF
& 8Cads - Rai&
Ac
"":" 716 OCEAN BOULEVARD—DRAWER 25
_ ATL NTIC BEACH, FLORIDA 32233
November 9, 1977
Hr. Harold N. Wi l fur
P. 0. Box 626
Atlantic Beach, Florida 32233
Dear Hr. Wilfur:
I am in receipt of your letter of November 8, 1977, concerning the
recent action taken at the City Commission meeting of November 1, 1977,
as it pertained to the P.U.D. application of Mr. D. Lee Ross for the
construction of a 5-unit apartment building on Lots 2, 4, and 6, Block
9, Atlantic Beach Subdivision.
I cannot comment on the "informal meetings" you refer to, as all
meetings of the City Commission whether in regular session, special
session, or as a committee of the whole are held in the City Hall and
are open to the public. As you know, this particular plan was sent to
the Planning Board of the City as is required by the P.U.D. Ordinance.
The Planning Board reported back to the City Commission favorably with
the comments that the plan, did not violate any existing ordinance of
the City of Atlantic Beach, including set backs, design, and density.
You are correct in your statement that at the meeting of October 24, 1977,
not October 25, 1977, the City Commission, after a public hearing, requested
Hr. Ross to take another look at his plan to determine if it could be
changed without detriment to himself and yet try to overcome some of the
objections that had been voiced. At the meeting of November 1, 1977,
Hr. Ross did submit another plan and stat:'d that he did not feel it was an
improvement, and then through his architect, Mr. George Bull, Jr., withdrew
that plan. Your statement that the plan was acceptable to the City
Commission is actually not quite correct inasmuch as the City Commission
never did vote on Plan B, and, tl'ere;ore, the question as to its accepta-
bility remains unanswered. As was stated on several occasions during
both public hearings and by the Planning Board, nothing in Mr. Ross '
original plan violated any ordinance of the City of Atlantic Beach. The
only reason that the plans were presented under P.U.D. was simply that
the ordinance requires that any plan for a dwelling containing three or
more units must be presented under planned unit development. The City
Commission is not anointed with some special oil that gives it the right
to refute a plan that meets every existing ordinance. From a legal stand-
WILLIAM S HOWELL JAMES E. MHOON ALAN C. JENSEN L. W. MINTON. JR ROBERT B COOK, SR
Mayor-Commissioner Commissioner Commissioner Commissioner Commissioner
R C VOGEL OLIVER C. BALL MRS. ADELAIDE R. TUCKER CARL STUCKI RICHARD HILLIARD
City Manager City Attorney City Clerk-Treasurer-Comptroller Chief of Police Director of Public Works
and Fire Department
UP
Page 2
Mr. Harold N. Wi l fur
November 9, 1977
point, the City Attorney informed me that no court of competent
jurisdiction would have upheld a turn down of Mr. Ross' original plan
in that it did not violate any ordinance and the property was properly
zoned for multi-family dwellings.
As to why I did not recognize you following the public hearing, the
answer is very simple. The public hearing was closed, and the matter
was then before the City Commission for discussion. Everyone in the
audience was given ample opportunity to voice their opinions and every-
one was asked if they had any further comments before the public hearing
was closed. Following the cloying of a public hearing, no further
comments are accepted.
Circumstances alone depend on the good it does someone to attend a
meeting of the City Commission. It is impossible for the City Commission
to stop a man from doing something that is in fact perfectly legal.
When there is a questionable area under consideration, the City Commission
has always sought the opinions of the citizens.
As to why a person runs for office in Atlantic Beach, I think that would
have to be asked of each person who has ever sought the office. Having
served in public office in Atlantic Beach for over 18 years, I have seen
the City more than triple in size and maintain the lowest tax structure
and utility rates of any other City in Duval County and most other Florida
cities. I think that speaks well for the City over these many years.
I have forwarded copies of your letter to the other members of the City
Commission.
Ver truAe_ ► • ,
V / I
Will am . Howel
Mayor •
WSH:jh
cc: City Commissioners
Page Three V V
Minutes Names of
November 1, 1977 Commr s. M S Y N
--
Commissioner Jensen commented he was looking forward to at least two
years of sitting beside Mrs. Van Ness, and the other Commissioners
also welcomed her to the Council. Mrs. Van Ness remarked she was
happy to be on the council and looked forward to working with the
other Commissioners.
There being no further business, Mayor Howell declared that the
meeting be adjourned.
William S. 'owe 1, Mayo Commissioner
(SEAL)
ATTEST:
Adelaide R. Tucker, City Clerk