07-11-77 v AGENDA
CITY OF ATLANTIC BEACH, FLORIDA
July 11, 1977
Call to Order
Invocation and Pledge to Flag
1. Approval of the minutes of June 27, 1977
2. Recognition of Visitors
3. Correspondence
A. Jul Ann Siakel re addition to 55 - 10th Street
B. George Bull, Jr. , re Board of Adjustments
C. Florida Department of Transportation re Maintenance Agreement for
Signalization - Mayport Road and Plaza
D. Department of Natural Resources re State Grant Donner Park
4. Report of City Manager
5. Unfinished Business
A. Bid Opening - Air-conditioning - Police and Fire Departments
B. David W. Cole, Sr. re New Building - Mayport Road
C. William Noe re 329 - 11th Street
D. Underground Electric Service for Saltair Section 3
E. George Bull, Sr. , Public Hearing, Selva Marina Unit 11
6. Report of Committees
7. Action on Resolutions
8. Action on Ordinances
A. Ordinance 55-77-16 - Third and Final Reading - Public Hearing
B. Ordinance 95-77-17 - Second Reading
9. Miscellaneous Business
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
JULY 11, 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 Jensen D D
James E. Mhoon, Commissioners
AND: R. C. Vogel, City Manager M S
Oliver C. Ball, City Attorney O E
Adelaide R. Tucker, City Clerk T C
I 0 Y
ABSENT: L. W. Minton, Jr. , Commissioner 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 Cook
followed by the pledge to the flag.
Approval of the minutes of June 27, 1977
Cook x x
Motion: The minutes of the Regular City Commission Jensen x
Meeting of June 27, 1977 be approved as Mhoon x x
submitted Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * *
Recognition of Visitors
Mayor Howell recognized Mr. Lowell Wood, Coordinator for
the Atlantic Beach Community School, who introduced Mr.
William Trotter, a CETA employee. Mr. Wood presented a
painting of the City Commission Meeting held in 1966, which
was a work by Mr. Trotter, to the City Commission in behalf
of the Atlantic Beach Community School . Mayor Howell ex-
pressed thanks for the painting in behalf of the Commission.
Correspondence
A. Jul Ann Siakel re addition to 55 10th Street
Mrs. Siakel requested the Commission' s approval for a variance
to construct a two-car garage on the west side of the property.
She stated all the requirements of the Board of Adjustment
had been met, including acquiring a list of neighbors who
stated they had no objections. As the Board of Adjustment
have only two members because of resignations, Mrs. Siakel
felt the proper course of action would be to request per-
mission from the Commission for the variance of two feet.
The Mayor asked Mr. George Bull, Jr. , one of the two remain-
ing members for his opinion. Mr. Bull stated that since Mrs.
Siakel had presented the aforementioned list, he felt the
Board would have approved the variance, particularly in view
of fact that adjacent property being located almost to the
property line. Mayor Howell asked for the City Attorney' s
opinion, and Mr. Ball stated that inasmuch as the Board of
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PAGE TWO V V
MINUTES Names of
JULY 11, 1977 Commrs . MS Y N
A. Jul Ann Siakel - continued
Adjustment is not in being, the matter could be passed
on an emergency vote provided the vote be unanimous.
Cook x
Motion: Grant permission for a two ft. backyard Jensen x x
variance to construct a two car garage Mhoon x x
* * * * * * * * * * * * * * * * * * * * * * * * * Howell x
B. George Bull, Jr. , re Board of Adjustment
•
Mayor Howell read a letter of resignation from Mr. John
Onstott, member of the Board of Adjustment, effective
June 28, 1977. Mayor Howell stated that two members re-
main on the Board.
Mayor Howell recognized Mr. George Bull, Jr. , who stated '
he had several items to present to the Commission: that
Mr. Onstott and Mr. Tinsley had resigned for two reasons,
i .e . , the new financial disclosure law that did not pass;
tat they felt the Board of Adjustment was acting on •
situations which did not necessarily fall within the pur-
view of the Board; and that both members have expressed
the desire to return to the Board if the responsibilities
:ould be limited only to what the charter defines as the
Board of Adjustment ' s responsibility. Mr. Bull also stated
Mr. Tinsley, the Board ' s secretary had requested the City .
to furnisha secretary and use of the recording machine
for their meetings . The Commission agreed to the proposals.
Mayor Howell suggested the Commission hold a special
meeting soon and to draft an Ordinance to delineate the •
Board. of Adjustment ' s authorities. Commission agreed.
C. Florida Department of Transportation re Maintenance
Agreement for Signalization - Mayport Road and Plaza
•
Mr. Vogel- presented an agreement to the Commission from the
Florida Department of Transportation with the request that
the City sign the agreement to maintain a traffic light at
Mayport Rd. after installation by the state. After a
short discussion on the matter, Mayor Howell suggested this
item be passed over until a later date. Commission agreed.
D. Department of Natural Resources re State Grant -
Donner Park
Mr. Vogel requested this item be passed over until Mr. •
Robert Goll could be present. Commission agreed.
PAGE THREE V V
MINUTES Names of
JULY 11, 1977 Commrs. MS Y N
Report of City Manager
Mr. Vogel requested permission to call for bids on an
analytical balance unit for the sewer plant laboratory.
He stated the item is needed to maintain accuracy of
reports required by EPA. Commission agreed.
The City Manager also requested permission for an emergence
purchase of an air-conditioning unit to replace the exist-
ing one in the laboratory ( in the amount of $750 . 00) .
Motion: Approve the purchase on an emergency measure , Cook x x
of an air-conditioning unit, in the amount Jensen x
of $750 . 00, for the sewer plant laboratory. Mhoon x x
* * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Mr. Vogel reported to the Commission that Mr. Lowell Wood,
Community School Coordinator, had overspent his $1, 950
budget for equipment and supplies . The City Manager
recommended the Commission approve transfer of the remain-
ing $2 , 550 in the Recreational Program budget to the
Community School budget. Commissioner Mhoon moved for
approval . Commissioner Jensen objected stating he did not
feel the Recreational Program budget should suffer because
of the over-spending. Commissioner Mhoon ' s motion died
for lack of a second.
Second Motion: Transfer $600 .00 to the Community Cook x x
School budget from the Recreational Jensen x x
Program Budget. Commissioner Mhoon Mhoon X
objected. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * *
Unfinished Business
A. Bid Opening - Air-conditioning - Police and Fire Depts .
The following bids were received and opened:
Huxham Air Conditioning - two heat pumps:
1 . Heat pump $1, 852 . 98
minus trade-in 300.00
$1, 552 . 98
2 . 2nd Heat pump 935. 00 $2 , 487 . 98
City to furnish all labor, duct work, etc.
* * * * * * * * * * * * * * * * *
N & L Air-Conditioning - total job including
heat pumps, duct work, electrical , etc. $4, 594 . 82
PAGE FOUR V V
MINUTES Names of
JULY 11 , 1977 Commrs. MS Y N
Bid opening - continued
The Mayor suggested that the bids be turned over to
committee . Cook x x
Jensen x x
Motion: Bids go to committee Mhoon x
* * * * * * * * * * * * * * * * * * * * * * * Howell x
Mayor Howell appointed Commissioner Mhoon to chair the
committee with Chief Stucki and Richard Hilliard as members .
E . David W. Cole, Sr. re New Building Mayport Rd.
Mr. Vogel stated Mr. Cole requested the item be passed
over to the next meeting. Commission agreed.
C. William Noe re 329 11th Street
Mayor Howell recognized Mr. William Noe , who stated he
was present to request a report from the City Commission
as to what had been accomplished in regards to the
construction of a secondary dwelling at 329 11th Street.
Mayor Howell stated the owner ' s attorney had advised him
that the latter was filing suit on Monday to appeal the
decision of the City Commission and the Board of Adjust-
ment which would not permit them a variance to use the
dwelling as living quarters .
D. Underground Electric Service for Saltair Section 3
Mayor Howell stated he was against using overhead electrical
service, but at this time, the Commission could only
authorize Mr. Vogel to instruct JEA to proceed with
designs for overhead service due to many problems involved
in providing for underground service .
E . George Bull, Sr. , Public Hearing, Selva Marina Unit 11
The Mayor stated that a legal notice had been published
for a Public Hearing. He then declared the Commission
in session for a Public Hearing on Selva Marina Unit 11
under PUD, and stated Mr. George Bull was present to
answer questions .
Mr. Bull stated the objectionable Commercial area had been
removed from the plat and covenants and restrictions . He
added that the development plan contemplates that the land
will not be denuded and the streets will not be dedicated,
but the City will be provided with a utility easement,
and Unit 11 will pave and maintain all streets . The deep
sewer line will extend to the north boundary of Unit 11
to provide future extensions. There are no other changes
PAGE FIVE V V
MINUTES Names of
JULY 11, 1977 Commrs . MS Y N
Unfinished Business - continued - Public Hearing
in plans from the one submitted previously. Mr. Bull
advised that he had not submitted the plans to Mr. Parks
as he had not received a lay-out approval . He added that
the utility system for Unit 9 was designed for future
extension. Mayor Howell questioned if there was any
difference in the previous lay-out with the exception of
deleting the commercial strip. Mr. Bull stated the strip
remains in PUD zoning and cannot be used without approval
by the City Commission, and that only the 10 lots require
approval of the Commission under PUD. Since no one else
spoke for or against, Mayor Howell declared the public
hearing closed.
Cook x x
Motion: Approval of the plat of Selva Marina Unit Jensen x x
11 as submitted Mhoon x
* * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Motion: Approval of the covenants and restrictions Cook x x
of Selva Marina Unit 11 for single family Jensen x x
dwellings only Mhoon x
* * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Report of Committees - Mr. Parks
Mr. Parks stated that Charles F .Smith & Son, a contractor
for the EDA project, had made a request for retainage
reduction from 10% to 5%. He stated that since the
specifications and EDA guidelines do not permit such reduction, '
disapproval of the request was recommended. After a short
discussion, the following motion was made:
Cook x
Motion: The retainage not be reduced for Charles F. Jensen x x
Smith & Son, Inc . Mhoon x x
* * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Mayor Howell requested comments from Mr. Parks concerning
a letter received from Dickerson, Inc. , in regards to muck
removal on Magnolia . Mr. Parks stated investigation of
the site revealed muck in the amount of about 600 yards
requires removal at a Dickerson quoted price of $3 . 14 per
cubic yard. The question was raised as to where the
responsibility lies and Mr. Parks indicated that since this
was a quasi-zone, EDA should be called for approval of a
change order should the Commission desire to go this route .
Commissioner Mhoon stated he did not feel the Commission
should make a decision at this time concerning liability
for removal of the muck. Mayor Howell suggested the
Commission go into special session after Mr. Parks consulted
with Mr. Russell , of EDA. Commission agreed.
PAGE SIX V V
MINUTES Names of
JULY 11, 1977 Commrs. MS Y N
11118.----- --. .. --- -`- --•
Action on Ordinances
A. Ordinance 55-77-16 - Third and Final Reading - Public
Hearing
AN ORDINANCE AMENDING "TRASH AND RUBBISH OF THE CODE OF
ORDINANCES OF THE CITY OF ATLANTIC BEACH, FLORIDA"
Said Ordinance 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
then declared the meeting in session for a public hearing.
Mr. Bull inquired about Commission intentions in case a
contractor or citizen did not comply with the Ordinance.
Mayor Howell stated the City will remove the item and
assess the property. As no one else spoke for or against,
Mayor Howell declared the public hearing closed.
Cook x x
Motion: Said Ordinance 55-77-16 be passed on third Jensen x
and final reading. Mhoon x x
* * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
B. Ordinance 95-77-17 - Second Reading
AN ORDINANCE AMENDING CHAPTER 14, SECTION 14.4, OF THE
CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, FLORIDA
PROHIBITING THE SALE, DISTRIBUTION, EXHIBITION, OR
ADVERTISING FOR DISTRIBUTION OF OBSCENE MATTER AND
PENALTIES THEREFOR
Said Ordinance was presented in full , in writing, and read
by title only, on second reading by Mayor Howell .
Cook x x
Motion: Said Ordinance be passed on second reading, Jensen x
by title only. Mhoon x x
* * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
There being no further business, Mayor Howell declared
that the meeting be adjourned. <
Id 1' ilA ,
(SEAL) ' Wild a S . Ho ell
Mayor-Commissioner
ATTEST: nn
Adelaide R. Tucker
City Clerk