05-23-77 v CITY OF ATLANTIC BEACH, FLORIDA
May 23, 1977
Call to Order
Invocation and Pledge to Flag
1. Approval of the minutes of May 9, 1977
2. Recognition of Visitors
3. Correspondence
A. George Bull re Ordinances 80-77-16 and 80-77-17.
4. Report of City Manager
5. Unfinished Business Commissioner
A. Recommendation of Planning Board - Selva Marina Units 10 and 11 - Jensen
6. Report of Committees
7. Action on Resolutions
8. Action on Ordinances
A. Ordinance 80-77-16 Sewer Connection Charge - Third Reading - Public Hearing
B. Ordinance 80-77-17 Water Supply Charge - Third Reading - Public Hearing
C. Chapter 18 Refuse, Garbage and Weeds Amendment - Commissioner Mhoon -
Second Reading
D. Chapter 4 Animal and Fowl Ordinance Amendment - Commissioner Mhoon -
Second Reading
E. Ordinance on Election Code, Ordinance No. 33-77-4, Second Reading
9. Miscellaneous Business
10. Adjourn
Copies to Planning Board Members
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD AT THE CITY HALL ON
MAY 23 , 1977 AT 8: 00 P.M. V V
O O
PRESENT: William S . Howell, Mayor-Commissioner T T
Alan C . Jensen E E
L . W. Minton, Jr. , Commissioners D D
AND: R. C. Vogel , City Manager
Oliver C. Ball, City Attorney M S
Adelaide R. Tucker, City Clerk O E
T C
ABSENT: Robert B. Cook, Sr. I O Y
James E. Mhoon, Commissioners 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 May 9, 1977
Motion: The minutes of the Regular City Jensen x x
Commission Meeting of May 9, 1977 , Minton x x
be approved as submitted. Howell x
* * * * * * * * * * * * * * * * * * * * * *
Recognition of Visitors
The chair recognized Mr. George Bull, 1800 Selva Marina Dr. ,
who stated he was representing Mrs. Ruth Henry, 315 11th St „
who desired to make an official complaint to the Commission
concerning removal of a stop work order from a construction
site on 329 11th St. , thus allowing the contractor to con-
tinue work on a building. Mr. Bull stated, in his opinion,
that the structure is a violation of the zoning code and is
an architectural monstrosity. Mayor Howell stated this
item would be brought up in item 6 - Report of Committees .
Mayor Howell recognized Mr. Albert Waters, who stated he and
a number of residents were upset over mini-warehouses and
other business establishments encroaching on the residential_
area in Donner ' s Subdivision along Mayport Road. Mayor
Howell explained that entire section was rezoned business
in 1959, and should all the property owners in that particu-
lar area sign a petition requesting that their property be
re-zoned to Residential A, B, or C, the City Commission
would certainly act on it. The Mayor also pointed out there
was an open house at City Hall in April held by Mr. Joe Bell,
Bell and Associates, to obtain input for the City' s Compre-
hensive Plan, and that only 25 citizens attended. He stated
Mr . Bell would again be here on the third Tuesday of July
to discuss zoning and suggested the citizens appear at that
time to evince their desires . The Mayor indicated that
State statutes prohibit re-zoning property without the
owners consent.
PAGE TWO
MINUTES V V
MAY 23, 1977 Names of
Commrs. MS YN
Recognition of Visitors - continued
The chair recognized Mrs . Katherine Davis who stated she
was also there to discuss the 11th St. property.
Mr. Wayne Benhart, 735 Plaza, was recognized by Mayor
Howell . Mr. Benhart requested Commission approval to
develop a park area for a C. B. Club, a non-profit orga-
nization, in Section H, Lots 1, 2, 3 ,4, 5, and 6, which he
owns . Mayor Howell suggested to Mr. Benhart that he con-
fer with the City Attorney after the meeting, and that
Mr. Ball would notify him the following day if his request
satisfies zoning requirements .
Report of the City Manager
Mr. Vogel stated he had received a quotation from Marine
Industrial Equipment Co. , in the amount of $1, 904. 65, for
an auxiliary engine for the compactor on a garbage truck.
He recommended the Commission approve purchase as the old
unit is not repairable.
Motion: Approve purchase of auxiliary engine Jensen x x
for the compactor on a garbage truck Minton xi x
in the amount of $1, 904. 65 from Marine Howell x
Industrial Equipment.
* * * * * * * * * * * * * * * * * * * * * *
Mr. Vogel also stated underground electrical service in
the Saltair Section 3 Subdivision will cost $150 per lot.
Mayor Howell questioned Mr. Ball as to how this should be
assessed. Mr. Ball stated the assessment should be call
a tie-in fee and that the City work in concert with JEA.
The Mayor suggested that the City Attorney draw up the
necessary ordinance for presentation at the next meeting.;
Motion: Instruct the City Attorney to prepare Jensen x x
an Ordinance for underground electrical Minton x x
assessment on lots in the Siltair Howell x
Section 3 .
* * * * * * * * * * * * * * * * * * * * * * *
Mr . Vogel stated he had received a letter from Mr. Parks,
City Engineer, concerning the chlorinator for the water
plant and requested the latter to give an opinion on its
replacement. Mr. Parks stated the present chlorinator
was purchased around 1963 and has been troublesome since
its installation. He recommended that the machine be re-
placed with one manufactired by Wallace & Tiernan Company,
who formerly furnished chlorinators for the City, thus
the City would have the same machines in both water plants,
along with interchangeable parts and better service.
PAGE THREE
MINUTES V V
MAY 23 , 1977 Names of
Commrs. MS YN
Report of City Manager - continued
Mayor Howell suggested the rules be waived and purchase
be authorized on an emergency basis .
Motion: The rules be waived and authorize the Jensen x x
City Manager to purchase a Wallace & Minton x x
Tiernan chlorinator for the water plant Howell x
in the amount of $5, 400 from Acct. 1652
* * * * * * * * * * * * * * * * * * * * * * *
Unfinished Business
A. Recommendation of Planning Board - Selva Marina Units
19 and 11
Mayor. Howell called on Commissioner Jensen for a report
on the Advisory Planning Board meeting on May 17, 1977 .
Commissioner Jensen stated the Board had no reservations
whatsoever for Units 10 and 11, with one exception: a
strip on the West side of Seminole Rd. , North of 19th St.
consisting of 3 or 4 lots which Mr. Bull proposes to use
as a commercial strip, i .e . , convenience store, laundro-
mat, and perhaps office space. He stated that the Board
was concerned about the Commission ' s control of this
commercial strip, even under PUD, and thus took no
official action on approving or disapproving the propos-
ed plan for commercial use. Mr. Bull indicated it was
his understanding that Commissioner Jensen was basically
correct, and then presented a corrected covenant and ,
restrictions on Units 10 and 11 . The revision concerned
removal of trees. Due to failure of proper advertising,
the Public Hearing will be held on June 13 , 1977 . Mr.
Bull also stated he would like to petition for an assess-
ment of $150 per lot for underground electrical service.
Report of Committees- Commissioner Jensen
Commissioner Jensen stated it was his understanding an
inquiry was made to the Mayor about construction on 11th
Street on property owned by Mr. Max Brantley, and previous-
ly owned by Mrs . Newfang . Mr. Steckla had informed the
Commission at the May 9th meeting that he had placed a
stop work order on the property inasmuch as the construc-
tion was not consonant with that authorized by the build-
ing permit. Commissioner Jensen stated he had discussed
the matter with the City Attorney and all interested
parties, and that the stop work order was removed when
Mr. Brantley was informed that he would be allowed to
proceed with construction at his own risk and in accord
with the permit that had been issued. The owners were
also informed that the premises is zoned as a single
family residence unless changed by the City. Mrs . Katherine
Davis inquired if the building permit was applied for as
PAGE FOUR V V
MINUTES Names of
MAY 23, 1977 Commrs . MS Y N
Report of Committees - Commissioner Jensen - continued
a storage space and the Mayor answered in the affirmative.
Mrs. Davis asked Commissioner Jensen what further action
would be taken by the City if two families would occupy
the premises . Commissioner Jensen stated it was his
impression that the individuals were all members of one
family. A lengthy discussion ensued concerning objections
to the construction by Mr. George Bull, Mr. George Bull,
Jr. , Katherine Davis, and Mr. Howard O. Davis. Mr. Bull,
Jr. inquired as to the procedure of filing the matter as
a complaint to the Board of Adjustments . Mr. Vogel stat-
ed he should be the official presenting the complaint
and would do so at the Board of Adjustments meeting on
May 24, 1977 at 7: 00 P.M. Mayor Howell reiterated that
a letter was being prepared by the City Attorney to the
owners pointing out very clearly the zoning of the
premises in question.
Action on Ordinances
A. Ordinance 80-77-16 - Sewer Connection Charge - Third
Reading - Public Hearing
AN ORDINANCE, AMENDING, ADDING TO AND REPEALING PARTS
THERETO OF CHAPTER 19, CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, ENTITLED "SEWERS AND SEWAGE DISPOSAL" ; ESTABLISH-
ING RESIDENTIAL AND COMMERCIAL SEWER AND SEWER DISPOSAL
CONNECTION CHARGES ; PROVIDING FOR THE INVESTMENT OF FUNDS;
REPEALING ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE DATE.
Said Ordinance was presented in full, in writing, and rea.
on third and final reading by Mayor Howell . Said Ordina e
was posted in line with charter requirements. Mayor
Howell then declared the meeting in session for a public
hearing. Mr. George Bull was recognized by the chair an.
stated he had mailed a letter of objections to the
Commission on May 19, 1977, for their perusal , and state.
for the record that he strongly objects to the extra bur. -ns
placed on developers . Mayor Howell stated that the City
is working now within the confines of the 201 planning
program to attempt to solve a problem under Federal Man-
date, and that every City in the State of Florida is
faced with considerable expense in the future in regards
to managing sewer plant effluent. Mayor Howell further
stated that it would take several millions of dollars to
correct the situation. Mr. Bull questioned the possibil ' y
of building his own sewer system and was advised that th=
City would have no objections . After a lengthy discussiw
on the needs and demands of developers, Mayor Howell
declared the public hearing closed. The Mayor suggested
the vote be delayed until after the Public Hearing on
PAGE FIVE V V
MINUTES Names of
MAY 23, 1977 Commrs. MS Y N
Ordinance 80-77-16 - continued
Ordinance 80-77-17 as both ordinances are closely related.
B. Ordinance 80-77-17 - Water Supply Charge - Public
Hearing - Third Reading
AN ORDINANCE, AMENDING CHAPTER 27, CODE OF THE CITY OF
ATLANTIC BEACH, FLORIDA, ENTITLED "WATER SUPPLY" ; ESTABLISH-
ING RESIDENTIAL AND COMMERCIAL WATER SUPPLY CHARGES ;
PROVIDING FOR THE INVESTMENT OF FUNDS ; REPEALING ORDINANCES
AND RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
Said Ordinance was presented in full, in writing, and read
on third and final reading by Mayor Howell . Said Ordi-
nance was posted in line with charter requirements. Mayor
Howell then declared the meeting in session for a public
hearing. Mr. Bull stated his letter of May 19th also
applied to his objections of the water Ordinance, i.e. ,
that Section 1 of subject ordinance should contain the
fixture units assigned by the existing City Plumbing Code,
so that the charge per fixture unit cannot surreptitious)
be changed by amending the plumbing code. As no one else
spoke for or against, Mayor Howell declared the public
hearing closed.
Motion: Said Ordinance 80-77-16 be passed on Jensen / x x
third and final reading. Minton x x
* * * * * * * * * * * * * * * * * * * * * * * Howell x
Motion: Said Ordinance 80-77-17 be passed on Jensen x x
third and final reading. Minton x x
* * * * * * * * * * * * * * * * * * * * * * * Howell x
C. Ordinance 55-77-15 - Trash and Rubbish
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 by title only, on second reading by Mayor Howell .
Motion: Said Ordinance be adopted on second Jensen x x
reading, by title only. Minton x x
Public Hearing to be held on June 13, 1977 Howell x
* * * * * * * * * * * * * * * * * * * * * *
PAGE SIX V V
MINUTES Names of
MAY 23, 1977 Commrs . MS Y N
0
Action on Ordinances - continued
D. Ordinance 95-77-16 - Animals and Fowl
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 by title only, on second reading by Mayor Howell.
Motion: Said Ordinance be adopted on second Jensen x x
reading, by title only. Minton x x
Howell x
Public Hearing to be held on June 13 , 1977
* * * * * * * * * * * * * * * * * * * * * *
Mr. Bull stated he had prepared copies of a substitute
for the Animals and Fowl Ordinance and hoped the Commiss ' .n
would consider it before the public hearing on June 13th.
E. Ordinance No. 33-77-4 - Election Code
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, by title only, on second reading by Mayor Howell.
Motion: Said Ordinance be adopted on second Jensen a x x
reading, by title only. Minton x x
Public Hearing to be held on June 13, 1977 Howell x
* * * * * * * * * * * * * * * * * * * * *
Miscellaneous Business
Mayor Howell stated the City of Jacksonville is moving
ahead on their 911 emergency dialing system, and inasmuch
as a grant is now available to the State of Florida, the
Mayor suggested that the City adopt a resolution to
express the intent of the City to pursue the installation
of the necessary equipment in cooperation with the City
of Neptune Beach and the City of Jacksonville Beach to
set up a 911 emergency dialing center that would handle
all emergency calls for all the beaches area, subject to
the necessary approval of the grant from the State of
Florida .
PAGE SEVEN V V
MINUTES Names of
MAY 23, 1977 Commrs . MS Y N
Miscellaneous Business - continued
Motion: By Resolution 77-6, the City of Atlantic Jensen x x
Beach, subject to grant approval from Minton x x
the State of Florida, proceed with their Howell x
intent to install the 911 emergency dial-
ing center.
* * * * * * * * * * * * * * * * * * * * * * *
Copy of Resolution #77-6 is attached hereto and made a
part hereof.
Mayor Howell stated he had received a letter from HUD
regarding the grant for the construction of the sidewalks
on Mayport Rd. from Atlantic Blvd. north to Church Rd. ,
and from Mayport Rd. , easterly to Seminole Rd. He
opined that the City is about 99% assured of being awarded
the grant.
Mr. Vogel stated he had received a telephone call from
Mr. Oscar Rawls, City Engineer for Jacksonville, who
stated negotiations were being made with the contractor
for the movement of sand on the beach and inquired if the
City of Atlantic Beach was prepared to install the out-
falls. Mr. Vogel recommended the Commission authorize
Mr. Parks to alter the plans to extend the drainfield
beyond the rocks . Commission agreed.
There being no further business, Mayor Ho ell declared
the meeting adjourned. /
/A.4041.-AALAL .4 A
(SEAL) ill°am S . Howell
Mayor-Commissioner
ATTEST:
Adelaide R. Tucker
City Clerk
RESOLUTION NO. 77-6
A RESOLUTION AUTHORIZING THE FILING OF
AN LEAA GRANT APPLICATION FOR THE IM-
PLEMENTATION OF A 911 EMERGENCY TELE-
PHONE SYSTEM FOR THE BEACHES AREA.
WHEREAS, the City Commission of the City of Atlantic Beach, after thorough
consideration of the problems and available data, has hereby determined that
the project described below is in the best interest of the general public:
BEACHES 911 IMPLEMENTATION PROJECT; and
- WHEREAS, under the terms of Public Law 90-351, the United States of America
has authorized the Law Enforcement Assistance Administration, through the
Florida Governor's Council on Criminal Justice, to make Federal Grants to
assist local governments in the improvement of criminal justice; and
WHEREAS, the Applicant, the City of Atlantic Beach, Florida, considered
such Act and the Applicant considers it to be in the public interest and to its
benefit to file an application under said Act and to authorize other action in
connection therewith.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF •
ATLANTIC BEACH, FLORIDA, THIS TWENTY-THIRD DAY OF MAY, 1977, AS FOLLOWS:
SECTION 1. That the project generally described above is in the best
interests of the City of Atlantic_ Beach and the general public.
SECTION 2. That Lt. John H. English, Jacksonville Beach Police Department,
be hereby authorized to file on behalf of the Applicant an application in the
form prescribed by the Florida Governor's Council on Criminal Justice in con-
formity with said Act, for a grant to be made to the Applicant to assist in
defraying the cost of the project generally described above.
•
SECTION 3. That if such grant be made, the City of Atlantic Beach shall
provide or make necessary arrangements' to provide its share of such funds and/or
in-kind contributions in addition to the grants as may be required by the Act
• to defray the cost of the project generally described above.
SECTION 4. That said Lt. John H. English, Jacksonville Beach Police
Department, is hereby authorized to furnish such information and take such
other action as may be necessary to enable the Applicant to qualify for said
grant.
SECTION 5. That the Official designated in the preceding paragraph is
hereby designated as the authorized representative of the Applicant for the
purpose of furnishing to the Florida Governor's Council on Criminal Justice
such information, data, and documents pertaining to the application for said
grant as may be required and otherwise to act as the authorized representative
of the Applicant in connection with this application.
•
SECTION 6. That certified copies of this resolution shall be included
as part of the application for said grant to be submitted to the Florida Governor's
Council on Criminal Justice.
SECTION 7. That if such grant be made, the Applicant or Official designated
in paragraph 4 above shall maintain such records necessary and furnish such
information, data and documents as required by the Florida Governor's Council
on Criminal Justice to support the implementation of the project generally
described above.
SECTION 8. That the Mayor is authorized to sign on behalf of the City a
letter to the State of Florida, Division of Communications, indicating the
City's intent to implement the 911 Emergency Telephone System in the Beaches Area.
SECTION 9. That this resolution shall take effect immediately upon its
adoption.
PASSED BY THE CITY COMMISSION ON May 23, 1977
•
•
ATTEST: •
•
(2det'a4 L€—J le
2.
(SEAL) Adelaide R. Tucker, City Clerk
May 24, 1977
I CERTIFY THIS TO BE A TRUE AND CORRECT COPY OF RESOLUTION 77-6
PASSED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA
ON MAY 23, 1977.
G 2f'a-Lef
Adelaide R. Tucker, City Clerk