06-14-76 v CITY OF ATLANTIC BEACH, FLORIDA
AGENDA
June 14 , 1976
Call to Order
Invocation and Pledge to Flag
1 . Approval of the minutes of May 24 , 1976
Approval of the minutes of the Special Called Meeting June 7 ,
1976
2 . Recognition of Visitors
3 . Correspondence
4 . Report of City Manager
5 . Unfinished Business of Preceding Meeting
A. Steps to Beach on 10 ' drainage easement approximately
150 ° North of 7th Street
B. Donner Park; Cost estimate report for repairs and
improvements
C . Call for bids for water meters
6. Report of Committees
A. Animal Control - Commissioner Mhoon
B. Mini-Computer - Commissioner Mhoon and Commissioner Jensen
7 . Action on Resolutions
A. Resolution #76-5 - Fund Transfer
8. Action on Ordinances
A. Ordinance #80-76-14 - Water Rates - Third and Final Reading ;
Public Hearing
B. Ordinance #65-76-1 - Street Abandonment - Second Reading
9. Miscellaneous Business
A. Place by the Sea; Request for PUD - David H. Fort
10. Adjourn
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD AT THE CITY HALL
ON MONDAY, JUNE 14, 1976 AT 8:00 P.M.
PRESENT: William S. Howell, Mayor-Commissioner
Robert B. Cook
Alan C. Jensen
L. W. Minton, Jr. , Commissioners
AND: Robert C. Vogel, City Manager
Oliver C. Ball, City Attorney
Adelaide R. Tucker, City Clerk
ABSENT: James E. Mhoon, Commissioner - Out Ill
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.
The minutes of the meeting of May 24, 1976 were approved as written
upon a motion by Commissioner Jensen, seconded by Commissioner
Minton and carried.
The minutes of the special called meeting of June 7 , 1976 were
approved as written upon a motion by Commissioner Jensen, seconded
by Commissioner Minton and carried.
The Mayor called for visitors in the audience that had anything to
bring up that was not on the agenda. Mr. George Bull, Sr. obtained
the floor and gave a lengthy talk on the City ' s participation and
cooperation of maintaining liaison with the Architectural Control
Committee of the various units of Selva Marina Subdivision. He
related that there had been several instances of the City issuing
permits for a fence and several auxiliary buildings in the recent
past that were in conflict with the deed restrictions and did not
have approval of the Arthitectural Control Committee. Mr. Bull
pointed out that the property owners with a 51% vote could take
over the Architectural Control Committee and change the covenants
and restrictions as deemed necessary by the said committee.
The Mayor pointed out that the City did not have at this time, nor
in the past, legal authority to enforce covenants of a deed restric-
tion, and if anyone presented plans that were in compliance with
the City ' s building code and insisted that they not be required to
seek approval of any Architectural Control Committee, then the City
had no alternative but to issue the permit and that it was solely
the responsibility of the property owners and their appointed
committees to police and enforce the subdivision restrictions and,
if necessary, to pursue the enforcement in a court of competent
jurisdiction.
Page Two
Minutes
June 14, 1976
The Mayor again emphasized that the Constitution of the
State of Florida and the Charter of The City of Atlantic
Beach does not allow a duly elected governmental body to
delegate their duties and responsibilities to anyone that
is not part of the government .
-after much discussion, it was decided that the building
department would advise Selva Marina property owners of
the deed restrictions before issuance of a permit and if
approval-of-the Architectural Control Committee was not
received, a notice would be typed on the permit stating
that said property owner could be subject to a suit by the
property owners of Selva Marina Subdivision.
City Manager ' s Report,
Mayor Howell stated that the Commissioners received a copy
of the City Manager' s report and no discussion followed
on the items in the report.
Steps to Beach on 10'.1:,brainaSe Easement Approximately 150'
North of 7th Street,
Mayor Howell stated that due to the installation of the
French drains on 7th Street it would be an exercise in
futility to install steps to the beach due to the fact
that they would have to be torn down in September when
the Beach Renourishment Program was started.
Donner Park
Mr. Vogel stated that he received a price on a pre-
fabricated building for Donner Park and stated that he
wanted to verify the price with the manufacturer. He
also stated that he had several electrical contractors
working on the lighting bids and hoped that a complete
cost estimate would be ready by the next regular meeting .
Mayor Howell stated that if the price estimates came in
prior to the next meeting, a special meeting would be
called for the purpose of taking action on funding and
implementing the proposed work schedule.
Call for Bids for Water Meters
Mr. Vogel proposed that bids be sent out for all types of
water meters for a one year supply. Upon a motion by
Commissioner Cook and seconded by Commissioner Jensen,
approval was given to call for bids on water meters .
Page Three
Minutes
June 14, 197E
Public Hearina - PUD Selva Marina Unit #9
It was necessary due to the fact that the Public Hearing
was not on the agenda, that 4/5 ' s of the Commission vote
on the Public Hearing . Commissioner Cook made a motion to
have a Public Hearing on Selva Marina Unit #9 - Planned
Unit Development. The motion was seconded by Commissioner
Minton and carried unanimously.
Mr. Bull presented a topographic survey of the proposed
area and cited his reasoning for requested PUD in lieu of
complying with the Sub-division Ordinance. Planned Unit
Development will allow for development of land by achiev-
ing natural replenishment of the aquifer instead of curbs,
gutters and storm sewers that would drain fresh water into
the streams, rivers and ocean. The development of the in-
stallation of water and sewer lines will be accomplished
by the same method of previous developments as well as
underground electric and telephone eauipment .
The Mayor then opened the meeting for a Public Hearing
and stated that anyone wishing to speakfor or against
approval could do so. Mr. Allen Ray of Park Terrace East
raised the question of stripping the land and the Mayor
referred this question to Mr. Bull. Mr. Bull stated that
there was little if any salvageable vegetation and the topo-
graphy of the land was such that in order to achieve
continuity it will be necessary to cut the high spots and
fill the low spots to adapt the land for proper development.
He assured everyone that if at all possible any trees of
value would be saved. There being no further discussion
for or against the unit, the Mayor declared that the Public
Hearing be closed. It was moved by Commissioner Cook that
the concept for Selva Marina Unit #9 be approved under
Planned Unit Development and so far as possible a determina-
tion will be made concerning restrictions that may be in-
corporated in the Planned Unit Development. The motion
was seconded by Commissioner Minton and approved unanimously.
Animal Control - Commissioner Mhoon
Mayor Howell stated that Commissioner Mhoon was out ill and
the report would be passed over to the next regular meeting.
Mini-Computer - Commissioners Mhoon and Jensen
The Committee ' s report recommended the purchase of the
Burroughs L-8941 at a cost of $21, 387 .00. Commissioner
Minton made the motion to accept the Committee ' s report
Page Four
Minutes
June 14, 1976
and purchase the Burroughs L-8941 as recommended subject
to passage of Resolution #p76-5 , The motion was seconded
by Commissioner Jensen and carried.
Resolution #76-5
Resolution #76-5 was presented in full, in writing and
read by Mayor Howell. A motion was made by Commissioner
Minton that said resolution be passed. The motion was
seconded by Commissioner Jensen and carried.
Ordinance #80-76-14
Ordinance #80-76-14 was read in full by Mayor Howell on
third and final reading and the meeting opened for a
Public Hearing. There being no discussion for or against
said Ordinance, the Mayor declared the Public Hearing
closed. A motion was made by Commissioner Cook to pass
said Ordinance on third and final reading with a Public
Hearing. The motion was seconded by Commissioner Jensen
and carried unanimously,
Ordinance #65-76-1
Ordinance #65-76-1 was read by Mayor Howell on second
reading by title only. Commissioner Jensen made a motion
to pass said Ordinance on second reading by title only.
The-motion was seconded by Commissioner Minton and passed .
Public Hearing will be held on June 28, 1976.
Place By The Sea - Request For PUD - David H. Fort
The request for Planned Unit Development at Place Ey The
Sea Apartments was referred to the Advisory Planning Board.
The request will be brought up at the Commission meeting
after the Planning Board has made a decision.
A discussion was held on transferring the General Fund
from the Southeast First National Beach Bank to the Ocean
State Dank. No action was taken and a motion was made
by Commissioner Minton, seconded by Commissioner Jensen
to consider this transfer at the next meeting.
There being no further business, - yor H. '-, y declar-d
that the meeting be adjourned.
if
0 , , /
S . Howell, Ma= •r
(SEAL)
ATTEST
a ' 2,c
Adelaide R. Tucker
City Clerk
RESOLUTION #76-5
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, DUVAL COUNTY, FLORIDA, that
The following budget transfers and changes to be made in the
1975-76 Budget :
ACCOUNT INCREASE
DECREASE
2-1000 - Administration $21 , 327 .
1051 - Fund Balance
$21 , 327 .
TOTAL
$21 , 327 . $21 , 327
* * * * * * * * * * * *
Passed by the City Commission on June 14
1976
ATTEST :
(SEAL)
Adelaide R. Tucker
City Clerk