06-13-77 v •
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CITY OF ATLANTIC BEACH
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June 13, 1977
Call to Order
. Invocation and Pledge to Flag •
1 . Approval of the minutes of May 23 , 1977
2 . Recognition of Visitors
3 . Correspondence
4 . Report of City Manager
5. Unfinished Business
A. Selva Marina Units 10-11 Public Hearing P.U.D.
B . Underground Electric Service for Saltair Section 3
Approximately 149 lots @ $150 ea.
C. Fred Mills; Seaspray Subdivision Entrance Design
D. Agreement; Beaches Council on Aging
6. Report of Committees
A. 911 Emergency Dialing System - Mayor Howell
7 . Action on Resolutions
8. Action on Ordinances
A. Ordinance 33-77-4 Election Code - Third Reading - Public Hearing
B. Ordinance 55-77-15 Trash & Rubbish - Third Reading - Public Hearing _
C. Ordinance 95-77-16 Animals & Fowl - Third Reading _. Public Hearing
9. Miscellaneous Business
A. Pic N' Save Addition To Front of. Building
10. Adjourn
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Copies to Planning Board Members -
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD AT THE CITY HALL ON
JUNE 13, 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 was given by Commissioner Cook
followed by the pledge to the flag.
Approval of the minutes of May 23, 1977
Cook x
Motion: The minutes of the Regular City Commission Jensen x x
Meeting of May 23 , 1977, be approved as Mhoon x x
submitted. Minton x
* * * * * * * * * * * * * * * * * * * * * * * * Howell x
Recognition of Visitors
Mrs . Gregg, 905 Sailfish Drive, was recognized by Mayor
Howell . Mrs . Gregg expressed her thanks to the Mayor for
receipt of a letter from the Florida Department of Trans-
portation concerning a signal light at Mayport Rd. and Plaza .
A traffic study had indicated that signalization is warrant-
ed and that a proposal for its ' installation will be placed
in the 1977-78 budget.
The Mayor recognized Mr. George Bull, who stated he was
representing Mrs . Henry on the 11th street dispute concern-
ing an unauthorized structure, indicated that it was his
understanding someone had moved into the storage room over
the week-end. The Mayor questioned Mr. Paul Steckla as to
the occupancy and the latter replied that no one was living
there on Friday. Mr. Vogel stated the Commission could not
depend on hearsay and that absolute proof of someone living
there is required before action could be taken.
Correspondence
Mayor Howell read two letters of resignation from members
of the Board of Adjustment, i.e. , Mr. C. T. Tinsley, Secre-
tary, and Mr. James H. Burton. Mr. Tinsley' s resignation
was predicated on the proposed Florida financial disclosure
law, while Mr. Burton' s letter cited business pressures .
PAGE TWO V V
MINUTES Names of
JUNE 13, 1977 Commrs. MS Y N
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Correspondence - continued
Motion: The City Commission regretfully accept Cook x x
the resignation of Mr. C. T. Tinsley, Jensen x
Secretary of the Board of Adjustment, Mhoon x x
effective June 10, 1977 Minton x
* * * * * * * * * * * * * * * * * * * * * * Howell x
Mr. Ball, City Attorney, suggested a copy of the letter
of resignation be sent to the governor, by telegram, with
Mr. Tinsley' s permission.
Motion: The City Commission regretfully accept Cook x x
the resignation of Mr. James H. Burton, Jensen x
member of the Board of Adjustment, Mhoon x x
effective June 13 , 1977 Minton x
* * * * * * * * * * * * * * * * * * * * * * Howell x
Mr. Ball, City Attorney, suggested a copy of the letter of
resignation be sent to the governor, by telegram, with
Mr. Burton' s permission.
Unfinished Business
A. Selva Marina Units 10 and 11 Public Hearing PUD
Mayor Howell advised the attendance that a public hear-
ing on Selva Marina Unit 10 and Unit 11, under PUD, was
in session after being duly advertised as required.
Subsequent to discussion by the Commissioners and
concerned residents, it was decided each unit should
be discussed separately. Mr. Bull, the developer,
utilizing proposed plans, briefed the Commission with
respect to land usage concerning Unit 10 .
Mr. Floyd Yeager, 1663 Sea Oats Drive, inquired if Unit
10 contained a commercial area . Mr. Bull replied in the
negative, and stated that such a use was proposed in
Unit 11 . Mr. Ralph Kingsley, 1445 Seminole Rd. , inquire
if the subdivision would be a desert such as Unit 9.
Mr. Bull pointed out that landscaping would prevail as
in other Units . Since no one else spoke for or against,
Mayor Howell declared the public hearing closed.
Cook x x
Motion: Approve plans and covenants and restric Jensen x
tions of Selva Marina Unit No. 10 Mhoon x
Minton x x
* * * * * * * * * * * * * * * * * * * * * * * Howell x
Mayor Howell declared the meeting in session for a publi
hearing on Selva Marina Unit No. 11. Mr. Bull elaborate
on the location, composition, and use of the tract. Afte
a lengthy discussion by Mr. Floyd Yeager, Mr. A. J. Long -
PAGE THREE V V
MINUTES Names of
JUNE 13 , 1977 Commrs. MS Y N
•Selva Marina Units 10 and 11 Public Hearing PUD - continued
Mr. Ralph Kingsley, several unidentified residents, and
Mr. Bull concerning use of a portion of the Unit as a
commercial area, the latter stated he felt that rejection
of such use would be discriminatory, as the City of
Jacksonville may issue a permit on the East of Seminole
for a commercial strip.
Mayor Howell asked for a show of hands of residents
opposed to the commercial part, and in response
practically all hands were raised. The Mayor also asked
for a show of hands in support of the proposal , and none
were raised. Mayor Howell then declared the public
hearing closed.
Cook x
Motion: Selva Marina Unit No. 11 be refused Jensen x x
in to-to. Mhoon x x
Minton x
* * * * * * * * * * * * * * * * * * * * * * Howell x
B. Underground Electric Service for Saltair Section 3
Mayor Howell stated he would like to pass the item on to
the next meeting as information required to formulate a
decision had not been received from JEA.
C. Fred Mills: Seaspray Subdivision Entrance Design
4
Mr. Mills presented a plot plan of Seaspray Subdivision ,
showing entrances at Plaza, Sailfish and Belvedere, and
Seaspray Avenue. He displayed drawings of proposed
entrance ways proposed for construction, and stated he
would maintain the three areas.
Cook x
Motion: Approve Seaspray Subdivision Entrance Jensen x
Design with the understanding Mr. Mills Mhoon x x
will maintain same. Minton x a x
* * * * * * * * * * * * * * * * * * * * * * * Howell x
D. Agreement; Beaches Council On Aging
Mayor Howell read a Letter of Agreement between the
Beaches Council on Aging, Inc. , and The City of Atlantic
Beach, Florida, stating that the Council desires to
deposit the sum of $2, 303 .42 with the City to pay for
fuel , lubricants, and minor repairs connected with the
operation of a bus . The City will furnish such materials
and service at cost on a monthly basis .
Cook x x
Motion: Approval of the agreement between the Jensen x
Beaches Council on Aging, Inc . , and The Mhoon x x
City of Atlantic Beach, with the Mayor Minton x
being authorized to endorse, by signature, Howell x
such support.
PAGE FOUR V V
MINUTES Names of
JUNE 13, 1977 Commrs. MS Y N
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Report of Committees
A. 911 Emergency Dialing System - Mayor Howell
Mayor Howell stated the Beaches would be filing for the
system on June 14, 1977 . He added that he would need
authority to sign the grant application letter on behalf
of the City showing our intent to comply with the State lftw
upon receipt of the grant.
Cook x x
Motion: Authorize the Mayor to sign the application Jensen x
letter on behalf of the City of Atlantic Mhoon x
Beach for the 911 Emergency Dialing System Minton x x
* * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Action on Ordinances
A. Ordinance 33-77-4 Election Code - Third Reading -
Public Hearing
AN ORDINANCE AMENDING ARTICLE IX OF THE ATLANTIC BEACH
CITY CHARTER (CHAPTER 57-1126, LAWS OF FLORIDA) BEING
LABELED "ELECTIONS" , PROVIDING AN EFFECTIVE DATE.
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 . As no one spoke for or against, Mayor
Howell declared the public hearing closed. The Mayor I
suggested one correction be made: "The petition of each ti
person nominated to be a member of the City Commission
shall be preserved by the City Clerk until the expiration
of the term of office for which he has been nominated"
should read the candidate has been nominated.
Cook x
Motion: Said Ordinance 33-77-4 be passed on third Jensen x x
and final reading with one correction. Mhoon x x
Minton x
* * * * * * * * * * * * * * * * * * * * * * * * * Howell x
B . Ordinance 55-77-15 Trash & Rubbish - Third Reading -
Public Hearing
AN ORDINANCE AMENDING "TRASH AND RUBBISH OF THE CODE OF
ORDINANCES OF THE CITY OF ATLANTIC BEACH, FLORIDA"
Commissioner Mhoon stated that after careful evaluation,
he would like to withdraw Ordinance 55-77-15 and submit
a new streamlined version.
PAGE FIVE V V
MINUTES Names of
JUNE 13 , 1977 Commrs . MS Y N
Action on Ordinance - Continued
Cook x
Motion: Move that Ordinance 55-77-15 amending Trash Jensen x
and Rubbish of the Code of Ordinances of the Mhoon x x
City of Atlantic Beach, Florida be withdrawn. Minton x x
* * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Commissioner Mhoon stated he would like to introduce a
new Ordinance at this time.
Ordinance 55-77-16 - AMENDING CHAPTER 18, ARTICLE 1,
SECTION 18-2 OF THE CODE OF ORDINANCES OF THE CITY OF
ATLANTIC BEACH, FLORIDA .
Said Ordinance was presented in full, in writing, and
read by title only, on first reading by Mayor Howell .
Cook x
Motion: Waive the rules and said Ordinance be passed Jensen x x
on first reading, by title only. Mhoon x x
Minton x
* * * * * * * * * * * * * * * * * * * * * * * * * Howell x
C. Ordinance 95-77-16 Animals & Fowl - Third Reading -
Public Hearing
AN ORDINANCE AMENDING CHAPTER "ANIMALS AND FOWL" 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. There was a lengthy discussion concern-
ing who would enforce this Ordinance, definition of j
vicious dogs, length of leashes for dogs and cats, and
what should be amended. Mrs . Reid proposed the Commissiob
consider allowing dogs and cats to run unleashed on the
beach from 6: 00 to 8: 00 A.M. as very few people were up
at that time of day, and the Mayor explained this had
been tried last year but it did not work,as Jacksonville
Animal Control must be depended upon entirely. Commissioner
Mhoon received a round of applause on the Ordinance as
a whole with amendments of 5-1 , 5-3, 5-5, 5-7, 5-8, 5-11,
5-17 licenses due July 1 instead of October 1 , 5-18, 5-19
5-26 - strike and insert Jacksonville Animal Control.
Mayor Howell then declared the public hearing closed.
Motion: Said Ordinance 95-77-16 be passed on third Cook x
and final reading as amended. The chair Jensen x
ruled that the amendments are not sufficient Mhoon x x
to change the meaning of the Ordinance and Minton x x
therefore it is quite in order. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * *
PAGE SIX V V
MINUTES Names of
JUNE 13, 1977 Commrs . MS Y N
Miscellaneous Business
A. Pic N' Save Addition to front of building
Mr. Vogel introduced Mr. Thomas H. Perdue, Architect for
Pic N ' Save, who stated the firm would like Commission
approval to add approximately 25 feet to the front of the
existing building and to redo the parking area by increas-
ing its size and replacing some light poles. A short
discussion ensued concerning traffic problems .
Cook x x
Motion: Approve addition to front of the Pic N' Save Jensen x x
structure. Mhoon
Minton x
* * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Mayor Howell stated the $50, 000 grant which was applied
for to enhance Donner Park has been approved in the
amount of $32 , 395.
The Mayor suggested the Commission peruse a letter
received during the meeting (from Mr. Bill Noe) with the
view of discussing it at the next meeting.
Mr. Ball informed the citizens of three new pending bills:
1) The sunshine bill on the Governor ' s desk, which per-
tains to attorneys and clients meeting in secret would
definitely not cause the City of Atlantic Beach Commission
or the City Attorney to abuse the law should it be signed.
2) A new insurance law wherein cities are limited on
liability on court matters, false arrests, accidents, etc. ,
indicates that cities will be limited to the amount of
liability involved, thus reducing premiums. 3) Financial
disclosure law-Mr. Ball urged the Commissioners not to
resign until further consideration.
There being no further business, Mayor 4.wel • -clared that
the meeting be adjourned.
I1
(SEAL) Wil i•=m S . Howe -1
Mayor-Commissioner
ATTEST
Adelaide R. Tucker
City Clerk