04-24-78 v }
AGENDA
CITY OF ATLANTIC BEACH, FLORIDA
April 24, 1978
Call to Order
•
Invocation and Pledge to Flag
1. Approval of the minutes of April 10, 1978
2. Recognition of Visitors
3. Budget Report and Resolution #78-8 - Approving restatement of the
Budget of the City of Atlantic Beach
4. Correspondence
A. Joseph L. Evans - re water hook-up - Ocean Grove
5. Advisory Planning Board
A. Chairman John F. Andresen - Report of Planning Board of PUD application
of Mr. Tom Collier
6. City Manager 's Report
7. Unfinished Business
A. Walter J. Parks, Jr. , re Selva Marina -
George Bull, Sr. , re Water and Sewerage Facilities - Selva Marina S/D
B. Donner Park - Final Acceptance and Final Payments
C. Public Hearing - P.U.D. - Lot 9, Block 9, Atlantic Beach Subdivision
D. Bid Opening - Police Cars
8. Report of Committees
9. Action on Resolutions
A. See Item 3 above
10. Action on Ordinances
A. Ordinance No. 34-78-1 - Amending Ordinance No. 34-69-1 - To
raise the minimum electrical permit fee from the present $2.00
to $5.00 - Second Reading
11. Miscellaneous Business
A. Robert A. Goll - HUD Block Grant - Public Hearing
B. Mel Cohen - Lot 1, Blk 25, Sec. H (160 Mayport Road) re Zoning Variance
12. Adjourn
Copies to Advisory Planning Board
MINUTES OF THE REGULAR COMMISSION
MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD AT THE CITY HALL ON
APRIL 24 , 1978 AT 8 : 00 P.M. V V
O O
PRESENT: William S. Howell, Mayor-Commissioner E E
E E
Alan C. Jensen D D
James E. Mhoon
L. W. Minton, Jr.
Catherine Van Ness, Commissioners MS
AND: Bill M. Davis, Acting City Manager T C
T C
Oliver C. Ball, City Attorney
I 0 Y
Cynthia H. Hutchinson, Acting Clerk NAME OF ONEN
ABSENT: Adelaide R. Tucker, City Clerk COMMRS . N D S 0
The meeting was called to order by Mayor Howell. The
invocation, offered by Commissioner Minton, was followed
by the pledge to the flag.
Approval of the Minutes of April 10, 1978
Motion: The minutes of the regular Commission meeting
of April 10, 1978, be approved as written. Howell X
Jensen X X
Mhoon X
Minton X
* * * * * * * * * * * * * * * *
Van Ness X X
Recognition of Visitors
The Chair recognized Mrs. Gregg, 905 Sailfish Drive, who
inquired as to why the sidewalks were being placed on the
south side of Plaza Road instead of the north side where there
are few obstructions . Mr. Bill Davis, Acting City Manager,
explained that the engineering plans had been drawn up to -
install the sidewalks on the south side of Plaza Road and
the east side of Mayport Road. Mayor Howell injected that
several public hearings had been held on the location of
the sidewalks and the City was now committed on the location.
Dolores Reinikainen of 765 Redfin Drive was recognized by
the Mayor. She questioned the width of the easement in front
of her house if sidewalks were installed on Redfin Drive in
the future. She stated she had been told the easement was
15 feet and wondered if it would be changed to 20 feet.
Mayor Howell stated the width of the easement would not be
changed, but he was not sure of the exact measurement on
Redfin Drive. Mayor Howell suggested that Mrs. Reinikainen
look at the plat of Royal Palms.
2 .
MINUTES
V V
PAGE TWO Names of
APRIL 24, 1978 Commrs . MS Y N
--- - , ,
Budget Report and Resolution #78-8
Mayor Howell presented and read in full a proposed
resolution restating the Budget of the City of Atlantic
Beach.
Mayor Howell explained to the audience that the proposed
resolution did not change the bottom line figure of the
Budget, but it did change some of the line items to be
in accord with the new Uniform Accounting System as
required by the State.
Commissioner Jensen asked Mr. Lynton Tyson, City Auditor
if the new Budget included the transfers that had
previously been made by the Commission. Mr. Tyson stated
that the resolution only restated the original Budget
and that all adjustments would be made by another
resolution at a later date.
Motion: Passage of said Resolution. Copy of Howell X
Resolution #78-8 is attached hereto and Jensen X
made a part hereof. Mhoon X X
Minton X
* * * * * * * * * * * * * * * * Van Ness X X
Correspondence
Joseph L. Evans - Re: Water Hook-up, Ocean Grove
Mr. Joseph L. Evans of 76 17th Street, Ocean Grove
Subdivision, requested city water at the above address .
Mayor Howell stated that the new water plant has been
completed and the moratorium has now been lifted outside
the City. He also pointed out that the request was
conditional upon the owner paying all tap and hook-up
charges .
Motion: Mr. Joseph L. Evans be granted City water Howell X
hook-up at 76 17th Street with the Jensen X
condition that he pay the tap fee and Mhoon X X
water connection charge, and any other Minton X X
charges that may be incurred to comply Van Ness X
with his request.
* * * * * * * * * * * * * * * * * * *
Advisory Planning Board
Report of PUD Application of Mr. Tom Collier
Mayor Howell presented and read the Planning Board' s
report recommending approval of a Planned Unit Develop-
ment application of Mr. Tom Collier for construction of
3 .
MINUTES V V
PAGE THREE Names of
APRIL 24, 1978 Commrs. MS Y N
a beach house on the North 30 ' of Lot 20, Club Manor.
Mayor Howell stated that the Commission could now deny
or approve a Public Hearing be held on the matter. A
motion was made by Commissioner Mhoon to hold a Public
Hearing on May 22 ,1978 , and seconded by Commissioner
Minton. Commissioner Jensen stated he would have to
abstain from voting due to a conflict of interest,
completed form 4 Memo of Voting Conflict is attached
hereto and made a part hereof.
Mayor Howell declared that a roll call vote be taken
to clarify the record. The following votes were cast:
Commissioner Van Ness Yes
Commissioner Mhoon Yes
Commissioner Minton Yes
Mayor Howell Yes
A Public Hearing was set for May 22 , 1978 at 8 : 00 P.M.
for the purpose of considering a Planned Unit Development
application for the North 30 ' of Lot 20 , Club Manor.
* * * * * * * * * * * * * * * *
City Manager ' s Report
Mr. Bill M. Davis, Acting City Manager presented and
read in full his submitted report. The following
items were considered by the Commission:
1. Request for the formation of two committees :
A. To review the proposed system of hardware
for accountability of the budget and revenues
of the City and;
B. To provide adequate security of the financial
records of the City.
Motion: To provide a committee to review both Howell X
requests with Bill M. Davis , Acting Jensen X
City Manager. Mhoon X X
Minton X X
* * * * * * * * * * * * * * * * * * * * * Van Ness X
2 . Authorize payment in the amount of $980 . 00 to Hersey
Products for repairs to meters utilized by the City.
Motion: To approve payment to Hersey Products in Howell X
the amount of $980 . 00 on an emergency pur- Jensen X
chase basis . Mhoon X X
Minton X
Van Ness X X
4 .
MINUTES V V
PAGE FOUR Names of
APRIL 24, 1978 Commrs . MS Y N
3. Authorize payment in the amount of $700 . 00 to
Gabriel, Roeder, Smith and Company for actuarial
services for the period Jan. 1, 1978 through
Dec. 31, 1978 .
Motion: To approve payment to Gabriel , Roeder, Howell X
Smith and Company in the amount of $700 . 00 Jensen X X
for actuarial services . Mhoon X X
Minton X
* * * * * * * * * * * * * * * Van Ness X
4 . Authorize payment in the amount of $551. 13 to Moore
Business Forms for payroll checks .
Motion: To approve payment to Moore Business Forms Howell X
in the amount of $551 . 13 for payroll checks Jensen X X
Mhoon X X
Minton X
* * * * * * * * * * * * * * * * * * * * Van Ness X
5. Authorize payment to Mr. R. A. Goll for preparation
of a final application for a Coastal Plains Regional
Commission Grant for the construction of three
storm water outfalls at Atlantic Beach in the
amount of $500 . 00
Motion: To approve payment to Mr. R. A. Goll in the Howell X
amount of $500 . 00 for the final application Jensen i X
for the construction of three storm water Mhoon iX X
outfalls at Atlantic Beach. Minton X X
Van Ness X
* * * * * * * * * * * * * * * * * * *
Mr. Bill M. Davis pointed out to the Commission that he
had been informed by Mr. Oscar Rawls that the Beach
Restoration would be started on May 1 , 1978 . He explained
that there was a timetable involved and requested permission
to call for bids on the Storm Sewers . Mayor Howell queried
as to whether a ninety day awarding time could be obtained
due to the fact that the city was in the process of
acquiring Federal funding for the project. Mr. Davis
stated that he was confident a successful bid could be
obtained with a ninety day awarding period.
Motion: Authorize Mr. Bill Davis , Acting City Howell X
Manager, to call for bids for storm sewers . Jensen X
Mhoon X X
Minton X X
* * * * * * * * * * * * * * * * * * Van Ness X
5 .
MINUTES V V
PAGE FIVE Names of
APRIL 24, 197BCommrs. MS Y N
• -
Unfinished Business
A. Walter J. Parks, Jr. - Re : Selva Marina and;
George Bull, Sr. - Re: Selva Marina
Mr. Walter J. Parks presented and read in full a letter
to Mr. Bill M. Davis , Acting City Manager, dated
April 24 , 1978 . The letter referred to the Water Dis-
tribution System Extensions and Sanitary Sewage
Facilities in Selva Marina Subdivision Unit 10 . Mr.
Parks submitted two sets of plans showing the corrected
water and sewer lines . Mr. Parks stated he had approved
the corrected plans, but the regulatory agencies had not
yet approved them. Mr. Potter was recognized by the
Chair and asked if the City would have any objections
to providing provisions in the plans for on-site auxiliaity
power in the case of a power failure. Mr. Parks affirmed
the consideration. Mayor Howell asked Mr. Potter if the
developers intended for the City to take over the
maintenance and operations of the lift stations . Mr.
Potter replied that it was his intention that the City
take over the water and sewer lines, and the lift
stations for ownership and maintenance upon completion.
Mr. George Bull, Jr. asked for approval to submit
the preliminary plans for Selva Marina Units 10A, 10B,
and 12 for Planned Unit Development. Mayor Howell
replied in the affirmative, but suggested that Mr.
Bull ' s engineer and the City' s engineer get together
and work out the final details for the water and sewage ,
facilities and report back at a later date.
After discussion the following motion was made :
Motion: To accept the preliminary plans for Selva Howell X
Marina Units 10A, 10B, and 12 including Jensen X X
water and sewer facilities for Planned Unit Mhoon X X
Development for the Advisory Planning Minton X
Board' s review and recommendations . Van Ness X
* * * * * * * * * * * * * * * * * * * * * *
6 .
MINUTES V V
PAGE SIX Names of
APRIL 24, 1978 Commrs . MS Y N
• _____ _. __. - ___ r_ .® -_ l
B. Donner Park - Final Acceptance and Final Payments
Mr. Bill M. Davis requested that the Commission approve
the final payment to Griner-Woodruff, Inc . for the
Donner Park project. Mr. Davis explained that Mr. Bob
Goll had reviewed the final application from the company
and found everything to be in order.
Motion: To accept the work of Griner-Woodruff , Inc . Howell X
and authorize final payment and to accept Jensen X
Donner Park. Mhoon X X
Minton X X
* * * * * * * * * * * * * * * * * * Van Ness X
C. Public Hearing - P.U.D. Lot 9 , Block 9 Atlantic
Beach Subdivision
Mr. Joseph Tierney was recognized by Mayor Howell . Mr.
Tierney presented a drawing of the off-street parking
which had been questioned earlier . Mr. Tierney assured
the Commission that ample off-street parking was being
provided. Mayor Howell opened the meeting for a Public
Hearing on the application for Planned Unit Development
for Lot 9, Block 9 , Atlantic Beach Subdivision. There
being no comments from the audience for or against
said application, Mayor Howell closed the Public Hearing
Motion: To approve the plans with the off-street Howell X
parking addendum, attached hereto and Jensen X
made a part thereof, for P.U.D. , Lot 9 , Mhoon X X
Block 9 , Atlantic Beach Subdivision. Minton X X
Van Ness X
* * * * * * * * * * * * * * * * * * * * * * * * *
D. Bid Opening - Police Cars (3)
The following bids were received and opened:
Lee Chevrolet $14 , 890 . 00 net with trade-in
Coggin Pontiac 15, 034 . 00 net with trade-in
Platt Pontiac 15, 572 . 85 net with trade-in
Mr. Davis suggested that Chief Stucki and Lynton Tyson
study the bids and report at the end of the meeting.
There being no objections , the bids were turned over
to Chief Stucki and Lynton Tyson for their review and
recommendation.
7 .
MINUTES V V
PAGE SEVEN Names of
APRIL 24, 1978 Commrs. MS Y N
Action on Ordinances
Ordinance No. 34-78-1 - An Ordinance Amending the
Ordinance Code Part II , Chapter 7 , Section 9 (i, k, 1)
of the City of Atlantic Beach regulating the installation,
use, maintenance and repairs of Electrical wiring,
apparatus or equipment for light, heat and power, in the
City of Atlantic Beach, Florida, and establishing permit
and inspection fees and inspection procedure.
Ordinance No. 34-78-1 was presented in full, in writing,
and read by title only on second reading .
Motion: Said Ordinance No. 34-78-1 be passed on Howell X
second reading by title only. Jensen X
Mhoon X X
Minton X X
* * * * * * * * * * * * * * * Van Ness X
Miscellaneous Business
A. Robert A. Goll - HUD Block Grant - Public Hearing
Mr. Goll was recognized by the chair and stated there
had apparently been some confusion on the Donner Park
acceptance and final payments , in that Bivins Electric
Company had not been included in the motion. He
pointed out that Bivins had completed their contract
and final payment was in order.
Motion: To accept the work of Bivins Electric Co. Howell X
for Donner Park and authorize final payment. Jensen X
Mhoon X X
Minton X
* * * * * * * * * * * * * * * * * Van Ness X X
Mayor Howell recognized Mr. Bob Goll for the public
hearing on the HUD Block Grant. Mr. Goll explained
to the audience that HUD was accepting applications for
community improvements to begin in the near future . He
also stated that HUD had changed the Block Grant Program
this year, in that they were accepting applications for
a three (3) year comprehensive grant program for smaller
communities. Mr. Goll explained that the grant program
could include funding for housing rehabilitation, loans
and grants, and public facilities such as a Community
Center. He said the two available areas for funding
were 1) The west side of Mayport Road , North of Levy
Road and south of Church Road and;
2) The east side of Mayport Road, North of Plaza
Road and south of Church Road.
8 .
MINUTES V V
APRIL 24, 1978Names of
Commrs . MS YN
moo- _ --- _,_ -._♦ - i
Mr. Goll recommended that the City make application for
the comprehensive grant program and include the following:
1 . General clean-up of the area
2 . Housing rehabilitation loan and grant program
3. Re-application for a Community Center
4 . Expansion of utilities and general road
construction for the subject area
The Mayor opened the meeting for a Public Hearing. There
was much input from the audience on the Block Grant,
below are some of the comments :
Doris Williams- 174 Jackson Road asked if the grant
would include low income home inprovement loans . Mr.
Goll replied that it would include low interest loans
to rehabilitate low income housing.
Dolores Griffin of 2041 Cecil Road inquired into the
available areas of funding and Mr. Goll stated they were
the east and west side of Mayport Road, north of Levy
Road on the west side, north of Plaza Road on the east
side and both areas south of Church Road.
Willie E. Davis of 780 Bonita Road asked how the grant
applications were awarded. Mr . Goll replied that HUD
requires certain criteria which includes population of
the city, the number of low housing units in the area
requested for funding and the number of minorities in th-
specified area.
After lengthy discussion, the Mayor closed the Public
Hearing and the following motion was made :
Motion: To pursue the application of the grant Howell X
as per Mr. Goll ' s recommendations and the Jensen X X
contract with Mr. Goll be approved and the Mhoon X
Mayor be authorized to sign the contract. Minton X
Van Ness X X
* * * * * * * * * * * * * * * * * * * * * * *
The question was raised regarding the preliminary
engineering plans for the HUD Block Grant. Mr. Goll
explained that his contract was only for pre-application
of the grant and did not include preliminary engineering
ees .
Motion: To incorporate into the original motion Howell X
authorization for preliminary engineering Jensen X X
costs . Mhoon X
Minton X
Van Ness X X
9.
MINUTES V V
APRIL 24, 1978 Names of
Commrs . MS YN
A Public Hearing was scheduled for May 8 , 1978 for a
final update on the HUD Block Grant Application.
* * * * * * * * * * * * * * * * * *
B. Mel Cohen - Lot 1, Block 25, Section H - Variance
Mr. Cohen asked that Lot 1 , Block 25, Section H otherwis:
known as 160 Mayport Road be approved for a zoning
variance for the purpose of selling beer and wine only.
He stated that the previous owner sold beer and wine
incidental to the sale of food as per the current zoning
of the property.
The City Attorney, Oliver C. Ball , injected that the Cit
had no provisions for a zoning variance and that perhaps
Mr. Cohen was requesting a Re-zoning of the property fro
Business A to Business B. Mr. Ball explained that this
involved drafting an Ordinance and having a Public
Hearing.
After lengthy discussion, the Mayor asked if a motion
was on the floor to authorize the City Attorney to draw
up an Ordinance to be presented at the next City Com-
mission meeting for the purpose of Re-zoning Lot 1,
Block 25, Section H from Business A to Business B to
allow for the sale of beer and wine only. No motion
was heard.
Report on Bid Opening - Police Patrol Cars (3)
Chief Stucki and Lynton Tyson reported that the bid
of Coggin Pontiac at $15 , 034 . 00 be accepted. There
being no objection to the above recommendation, the
following motion was heard:
Motion: To accept the bid of Coggin Pontiac Howell X
at $15, 034 . 00 for three (3) Police Patrol Jensen X
Cars and to transfer the amount of $4 , 000 . Mhoon X X
from Account 999-Unappropriated Cash Minton X
Reserves to Account 805-Police Cars . Van Ness X X
* * * * * * * * * * * * * * * * * * * * * *
10 .
MINUTES V V
APRIL 24, 1978 Names of
Commrs . MS YN
Mayor Howell suggested that the Commission move to
set a dead line of either May 15 , or May 31, 1978 , for the
further acceptance of any applications for the job of
City Manager. Mayor Howell stated that at the dead line,
the City Commission would be appointed as a Committee
as a Whole, with a committee chairperson appointed by
the Mayor to review and/or interview any of the applicants .
Motion: To set a dead line of May 15 , 1978 at Howell X
5 : 00 p.m. for acceptance of any applications Jensen X
for the job of City Manager. Mhoon X
Minton X X
Van Ness X X
Commissioner Van Ness was appointed committee chairperson
by Mayor Howell .
* * * * * * * * * * * * * * * * * *
There being no further business, the Mayor declared the
meeting be adjourned.
William S . Howell, Mayor
ATTEST:
bnthia H. Hutchinson, Acting Clerk
DATE ON WHICH VOTE OCCURRED:
r'IRM 4 MEMORANDUM OF VOTING CONFLICT April 24 8
PART A
Name: Jensen Alan C. Telephone: (904) 24C—0824
(LAST) (FIRST) (MIDDLE) (A/C) (NUMBER)
Address: 310 Fifth Street Atlantic Beach 32233 Duval
(STREET) (CITY) (ZIP CODE) (COUNTY)
PART B
Agency is a unit of [check one] : ( ) State of Florida; (x ) County, City or other Political Subdivision;
Name of Agency: City of Atlantic Beach
Position held in Agency: City Commissioner
PART C
MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by § 112.3143, F.S., /975]
If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest
which inures to your special private gain or the special private gain of any principal by whom you are retained, please
disclose the nature of your interest below.
1. Description of the matter upon which you voted in your official capacity: Declared a conflict
cif interest and did not vote on: application of Thomas Collier for
Q . U. D. zoning on oceanfront lot in Atlantic Beach.
2. Description of the personal, private, or professional interest you have in the above matter which inures to you special
private gain or the special private gain of any principal by whom you are retained:
Professional interest in that Thomas Collier is a client of my law
firm, and my law partner, Gene Moss, represented Mr. Collier before the
Planning Board of Atlantic Beach concerning his P. U. D. application described
above.
Person or principal to whom the special gain described above will inure:
a. ( ) Yourself b. ( ) Principal by whom you are retained:
(NAME)
PART D
FILING INSTRUCTIONS
This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred
with the person responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meet-
ing minutes. This form need not be filed merely to indicate the absence of a voting conflict. Florida law permit's but does
not require you to abstain from voting when a conflict of interest arises; whether you abstain or not, however, the con-
flict must be disclosed pursuant to the requirements described above.
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RESOLUTION ##78-8
A RESOLUTION RE-STATING THE BUDGET OF THE CITY
OF ATLANTIC BEACH, FLORIDA, EFFECTIVE APRIL 24,
1978
WHEREAS, the initial budget prepared and Approved by the City
Commission of Atlantic Beach, Florida, incorporated within its boundaries
certain revenue receipts and certain appropriations that were inadequately
stated and identified to accord with normally accepted governmental budget
principals, and
WHEREAS, the presently constituted budget does not appear to meet
the requirements of Sections 42 and 53 of the Charter of the City of Atlantic
Beach insofar as it does not adequately display detail by organizational
unit, character and detail, object of expenditure, and does not contain
an adequate outline of the proposed financial policies of the City, as well
as the important features of the budgetary plan,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF ATLANTIC BEACH, FLORIDA:
That the following re-stated budgetary plan and its detail of
expenditure be approved for the balance of the ensuing fiscal year.
Passed by the City Commission on April 24 1978.
ATTEST:
acee-4.t &i4c2. lia
Adelaide R. Tucker, City Clerk
(SEAL)