09-12-77 v AGENDA
CITY OF ATLANTIC BEACH, FLORIDA
September 12, 1977
Call to Order
Invocation and Pledge to Flag
1. Approval of the minutes of August 22, 1977
Approval of the mintues of August 29, 1977
2. Recognition of Visitors
3. Correspondence
A. George Bull, Sr. Re; Saturiba Drive
B. Barry L. Z,isser Re; Sewer and Water service.
4. Report of the City Manager
5. Unfinished Business
A. George Bull, Jr. Re; Lot 2-4-6 Bk 9 Atlantic Beach S/D.
Application for P.U.D.
B. Instrument Maintenance Contract by Fischer & Porter $3,270.00,
1 year, parks and labor.
C. Public Hearing P.U.D. , 2nd Street and Beach Avenue, owners
Mr. & Mrs. Edward B. Then.
6. Report of the Committees
7. Action of Resolutions
8. Action on Ordinances
A. Ordinance No. 90-77-70, third and final reading, Public Hearing.
B. Ordinance No. 90-77-71, to amend chapter 28-14 (a).
C. Ordinance No. 20-77-32, Budget 1977-1978, second reading.
9. Miscellaneous Business
A. Approval of poll workers for October 4, 1977, Municipal election.
10. Adjourn
Copies to Advisory Planning Board Members
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD AT THE CITY HALL ON
SEPTEMBER 12, 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
MS
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 was given by Commissioner Minton
followed by the pledge to the flag.
Approval of the minutes of August 22 , 1977
Cook . x
Motion: The minutes of the regular City Commission Jensen x x
meeting of August 22 , 1977, be approved as Mhoon x
submitted. Minton x x
* * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Approval of the minutes of August 29, 1977
Cook x
Motion: The minutes of the Special Called Meeting of Jensen x x
August 29, 1977,be approved as submitted. Mhoon x
Minton x x
* * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Recognition of Visitors
The chair recognized Mr. J. A. Nedeau, 105 W. 6th Street, wh
stated that he was unable to obtain a long standing refund
from the City on overpayments of utilities of rental propert ,
in the amount of $28. 00 that Mr. Nedeau' s tenants had failed
to pay. The Mayor requested the City Attorney render an
opinion. Mr. Ball recommended the money be refunded to
Mr. Nedeau due to the possibility of a computer error in the
January change-over.
Cook x
Motion: Accept Mr. Ball ' s recommendation to refund Jensen x
$28. 00 to Mr. J. A. Nedeau, for overpayment Mhoon x x
of utility bills. Minton x x
* * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Correspondence
A. George Bull, Sr. , Re Saturiba Drive
Mayor Howell acknowledged receipt of a letter from Mr. Georg,
PAGE TWO V V
MINUTES Names of
SEPTEMBER 12 , ' 77 Commrs . MS Y N
Correspondence - continued
Bull, Sr. , requesting the City accept Saturiba Drive for
maintenance . The chair inquired if Mr. Parks would care
to comment on the request. Mr. Parks asserted that the
Commission had appointed him the Engineer of Record for
construction of the paving and drainage on Saturiba Dr.
which is included in the plans for Selva Marina Unit 9.
He added that he had not been aware of this request, and
at this time he would not recommend acceptance by the
City of Saturiba Drive.
B. Barry L. Zisser Re Sewer and Water Service
Mayor Howell advised the Commission of correspondence
received from Mr. Zisser regarding discussions of purchase
of Oak Harbor water facilities . As the City auditor,
Mr. L . Tyson, is studying this matter, Mr. Ball recommend-
ed the letter be filed for future reference .
Cook x x
Motion: Letter from Mr. Barry L. Zisser be filed Jensen x
for record. Mhoon x
Minton x x
* * * * * * * * * * * * * * * * * * * * * * * * Howell x
Report of the City Manager
Mr. Vogel informed the Commission of receipt of a letter
from Mr. Walter Parks, City Engineer, in which the latter
recommends the City accept water and sewer lines in Selva
Marina Unit 9 except the water and sewer lines on Saturiba
Drive between Selva Marina Drive and Sea Oats Drive.
Motion: The water and sewer lines in Selva Marina Cook x
Unit 9 be accepted by the City for mainte- Jensen x
nance, except the lines on Saturiba Drive Mhoon x x
between Selva Marina and Sea Oats Drives, Minton x x
as stated by the City Engineer. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * *
Unfinished Business
A. George Bull, Jr. , Re; Lots 2 , 4, 6 Blk 9 Atlantic Beach
The chair recognized Mr. Bull, who remarked that he
represented Mr. & Mrs . Lee Ross , owners of lots 2, 4, and
6, Blk 9, in Atlantic Beach. Mr. Bull requested permissicn
for the Ross ' s to construct five additional units to the
rear of the existing two story apartment building under
PUD. Mr. Bull added zoning was proper for this addition. Cook x
Jensen x x
Motion: Application for Planned Unit Development on Mhoon
Lots 2 ,4, and 6, Blk 9, be approved for PUD and Minton x
referred to the Advisory Planning Board. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * *
PAGE THREE V V
MINUTES Names of
SEPTEMBER 12, 1977 Commrs . MS Y N
Unfinished Business - continued
B . Instrument Maintenance Contract
Mr. Vogel commented that a proposed total instrument
maintenance program, including programmed preventive
maintenance, emergency service, parts, and supplies and
accessories for all types of instrumentation, had been
received from Fischer Porter (annual cost of $3, 270. 00) .
Cook x
Motion: Refer the Fischer Porter proposal to Mr. Jensen x x
Walter J. Parks, City Engineer, for study Mhoon x
and submission of a report at the next Minton x x
meeting. Howell x
* * * * * * * * * * * * * * * * * * * * * * * *
C. Public Hearing P.U.D. ; 2nd St. and Beach Avenue
Mayor Howell declared the meeting in session for a public
hearing, which was duly advertised according to charter
requirements, for a proposed apartment house, which would
be constructed under Planned Unit Development. The chair
recognized Mr. John Andresen, who represented the owners,
Mr. & Mrs . Edward B. Then, to answer questions the audience
might have. Since no one spoke for or against, Mayor Howell
declared the public hearing closed. Mayor Howell queried
Mr. Andresen to determine if the plans contained any
violations of set-back restrictions. The latter answered
in the negative, and explained that the PUD application
was being submitted because five units would be located
on the 75 ' lot instead of the existing two. Mayor Howell
opined that within PUD ' s limited constraints, one stair-
way might be within one foot to the property line, but he
specified that he did not wish to establish a precedent
by approving zoning violations notwithstanding application,
under the Ordinance. Commission agreed. Commissioner
Cook suggested that although the application was under
PUD, the Commission request the owners to abide by the
existing set-back lines and other restrictions .
Cook x
Motion: Continue the public hearing at the next Jensen x x
meeting with applicants re-submitting plans Mhoon x
with any required changes . Minton x x
* * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Action on Ordinances
A. Ordinance No. 90-77-70, third and final reading, Public
Hearing
AN ORDINANCE AMENDING SECTION 8, CHAPTER 28 OF THE -ATLANTIC
BEACH CITY CODE ENTITLED "ZONING", BY PROVIDING AN EXCEP-
TION TO THE PERMITTED USE THEREIN PROVIDING AN EFFECTIVE
DATE.
PAGE FOUR V V
MINUTES Names of
SEPTEMBER 12, 1977 Commrs . MS Y N
Action on Ordinances - continued
Ordinance No. 90-77-70 was presented in full, in writing,
and read on third and final reading by Mayor Howell . Said
Ordinance was posted in line with charter requirements.
Mayor Howell advised the audience of a signed petition
of objection, and receipt of a letter from Lewis Realty
which stated that the owners did not wish to rent the
house for use as a day care center. Mayor Howell then
opened the meeting for a public hearing. As no one spoke
for or against, the Mayor declared the public hearing
closed. Cook x
Jensen x x
Motion: Move that Ordinance No. 90-77-70 not be Mhoon x
passed. Minton x x
* * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Ordinance No. 90-77-71, to amend chapter 28-14 (a) .
AN ORDINANCE TO AMEND CHAPTER 18-14- (a) OF THE CODE OF
THE CITY OF ATLANTIC BEACH, FLORIDA. , ENTITLED "ZONING" .
Said Ordinance was presented in full, in writing, and read
by title only, on first reading, by Mayor Howell .
Cook x x
Motion: Ordinance 90-77-71 be passed on first Jensen x x
reading, by title only. Mhoon x
Minton x
* * * * * * * * * * * * * * * * * * * * * * * * Howell x
Ordinance No. 20-77-32 , Budget 1977-78, second reading.
AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF ATLANTIC
BEACH, FLORIDA, FOR THE FISCAL YEAR 1977-78 AND APPROPRIAT-
ING MONEY TO PROVIDE FOR THE DEBTS AND EXPENSES OF THE CITY
OF ATLANTIC BEACH AS THEREIN SHOWN.
Said Ordinance was presented in full, in writing, and
read by title only, on second reading, by Mayor Howell .
Cook x x
Motion: Ordinance No.20-77-32 be passed on second Jensen x x
reading, by title only. Mhoon x
Minton x
* * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Miscellaneous Business
Approval of poll workers for October 4, 1977, Municipal
election.
The City Clerk requested the Commission' s approval of the
submitted list of poll workers for precincts OIL and OIK
for the Municipal Election on October 4, 1977. All workers
have been approved by Mr. Nearing, Supervisor of Elections .
PAGE FIVE V V
MINUTES Names of
SEPTEMBER 12 , 1977 Commrs . MS Y N
Miscellaneous Business - continued
Cook x x
Motion: Poll workers as submitted by the City Clerk Jensen
be accepted. Mhoon x
Minton x x
* * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Mr. Parks was requested by Mayor Howell to give an opinior.
on letter from B . B . McCormick & Sons, Inc. concerning
the missing 8" valve at Selva Marina and Saturiba Drives .
The letter stated their Mr. LeNoble remembers installing
the valve as shown on their as-built drawings . Mayor
Howell asserted he was in favor of instructing B. B.
McCormick & Sons, Inc . to find the 8" valve, and recom-
mended that Mr . Parks pursue this matter and report back
at the next meeting. Commission agreed.
Mayor Howell advised the Commission of receipt of a copy
of a letter to Mrs . Mary Ligus from Pic N' Save Drug Co. ,
Inc. in which they acknowledged her complaint of finding
two adult comic books in the Atlantic Beach store. Pic
N' Save advised their distributing company to remove the
particular books immediately and to remove the books from
distribution.
Tuesday, October 13 , 1977, at 7 : 30 P .M. was set for a
Budget Workshop Meeting, and the public was invited to
attend.
There being no further business, Ma r Howe 1 declared
that the meeting be adjourned.
i
?1; (j4Y
William Howell
(SEAL) Mayor-Commissioner
ATTEST:
Adelaide R. Tucker
City Clerk