08-09-93 v CITY OF ATLANTIC BEACH
REGULAR MEETING OF THE CITY COMMISSION, AUGUST 9, 1993, 7:15 PM
AGENDA
Call to Order
Invocation and pledge to the flag
1 . Approval of the minutes of the regular meeting of July 26,
1993, Special Called Meeting of July 28, 1993, and Special
Called Meeting of August 2, 1993
2. Recognition of Visitors:
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF
THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED
FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY.
SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN
PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS.
3. Consent Agenda:
A. Usage report of Adele Grage Community Center for July
B. Approval to invite bids to purchase an articulating boom
mower with tractor (Bob Kosoy, Public Works Dir. )
C. Authorize purchase of automatic defibrillator under Bid
No. 9293-25 from Laerdal Medical at a cost of $6, 197 . 80
D. Approval of a request to draft an ordinance to amend
Section 6-35( a) and (b) and Section 6-57( a) of the city
code to allow homeowners to take out electrical and
plumbing permits for work on their own homes (Don Ford,
Building Official )
4. Ordinances:
A. Final reading and public hearing of Ordinance No.
95-93-59 to provide a procedure for obtaining a variance
from the provisions of Chapters 1 - 23 of the city code
B. Final reading and public hearing of Ordinance No.
28-93-3 to submit a proposed new City Charter to the
electors of Atlantic Beach for adoption or rejection at
the municipal election on October 5, 1993
C. Introduction and first reading of Ordinance No. 90-93-161
to rezone six lots on the north side of Cornell Lane from
RS-2 to RG-3
D. Introduction and first reading of Ordinance No. 33-93-6
authorizing a non-binding question regarding the creation
of Ocean County be placed on the ballot for the municipal
election on October 5, 1993
5. City Manager Reports and/or correspondence:
6. Mayor to call on City Commissioners, City Attorney and City
Clerk
Adjournment
CITY OF ATLANTIC BEACH
REGULAR MEETING OF THE CITY COMMISSION, AUGUST 9, 1993, 7:15 PM
AGENDA
Call to Order
Invocation and pledge to the flag
1. Approval of the minutes of the regular meeting of July 26,
1993, Special Called Meeting of July 28, 1993, and Special
Called Meeting of August 2, 1993
2. Recognition of Visitors:
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF
THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED
FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY.
SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN
PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS.
3. Consent Agenda:
A. Usage report of Adele Grage Community Center for July
B. Approval to invite bids to purchase an articulating boom
mower with tractor (Bob Kosoy, Public Works Dir. )
C. Authorize purchase of automatic defibrillator under Bid
No. 9293-25 from Laerdal Medical at a cost of $6, 197.80
D. Approval of a request to draft an ordinance to amend
Section 6-35(a) and (b) and Section 6-57(a) of the city
code to allow homeowners to take out electrical and
plumbing permits for work on their own homes (Don Ford,
Building Official )
4. Ordinances:
A. Final reading and public hearing of Ordinance No.
95-93-59 to provide a procedure for obtaining a variance
from the provisions of Chapters 1 - 23 of the city code
B. Final reading and public hearing of Ordinance No.
28-93-3 to submit a proposed new City Charter to the
electors of Atlantic Beach for adoption or rejection at
the municipal election on October 5, 1993
C. Introduction and first reading of Ordinance No. 90-93-161
to rezone six lots on the north side of Cornell Lane from
RS-2 to RG-3
D. Introduction and first reading of Ordinance No. 33-93-6
authorizing a non-binding question regarding the creation
of Ocean County be placed on the ballot for the municipal
election on October 5, 1993
5. City Manager Reports and/or correspondence:
6. Mayor to call on City Commissioners, City Attorney and City
Clerk
Adjournment
MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY V V
COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT O O
7 : 15 PM ON MONDAY, AUGUST 9 , 1993 T T
E E
PRESENT: Glenn A. Edwards, Mayor Pro-Tem D D
Lyman T. Fletcher
Adelaide R. Tucker, and
J. Dezmond Waters , III , Commissioners M S
O E
AND: Kim D. Leinbach, City Manager T C
Alan C. Jensen, City Attorney I 0 Y
Maureen King, City Clerk NAME OF ONEN
ABSENT: William I . Gulliford, Jr. , Mayor COMMRS. N D S 0
(cxci .rd ahnr.nr-c) --�
The meeting was called to order by Mayor Pro Tem Glenn
Edwards. The invocation, offered by Commissioner
Fletcher, was followed by the pledge to the flag.
1 . Approval of the minutes of the regular meeting of
July 26, 1993 . Edwards x
Fletcher x
Motion: Approve minutes of the regular meeting of Tucker x x
July 26, 1993 Waters x x
No discussion before the vote. The motion carried
unanimously.
Approval of the minutes of the Special Called
Meeting of July 28 , 1993 .
Edwards x
Motion: Approve minutes of the special Fletcher x x
called meeting of July 28 , 1993 Tucker x x
No discussion before the vote. The motion carried Waters x
unanimously.
Approval of the minutes of the Special Called
Meeting of August 2 , 1993 .
Edwards x
Motion: Approve minutes of the special Fletcher x x
called meeting of August 2 , 1993. Tucker x x
No discussion before the vote . The motion carried Waters x
unainously.
2 . Recognition of Visitors:
Louis McDonald requested that Item 4C , first reading
of Ordinance No . 90-63-161 to rezone six lots on the
north side of Cornell Lane from RS-2 to RG-3 , be
withdrawn from the agenda and action taken at the next
meeting of August 23 , 1993 . Mayor Pro Tem Glenn
Edwards agreed to postpone action on Ordinance No. 90-
63-161 until August 23 , 1993 .
William Kirkpatrick, 95 Saratoga Circle South, Villas ,
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Page 2 NAME OF
August 9, 1993 COMMAS. MSYN
presented a petition from property owners in Atlantic
Villas , Saratoga Circle indicating their objection to
any rezoning or the construction of any HUD housing
from North Cornell Lane, Mayport Road West to Aquatic
Drive East and to Atlantic Boulevard South (Petition
' attached herewith and made a part hereto) . The
Commission accepted the petition and explained the
public hearing relative to this matter, Ordinance No.
90-93--161 , would be held September 27 , 1993 .
3 . Consent Agenda:
A. Usage report of Adele Grage Community Center for
July
B. Approval to invite bids to purchase an articulating
boom mower with tractor
C. Authorize purchase of automatic defibrillator under
Bid No. 9293-25 from Laerdal Medical at a cost of
$6 , 197 . 80
D. Approval of a request to draft an ordinance to
amend Section 6-35 (a) and (b) and Section 6-57 (a)
of the city code to allow homeowners to take out
electrical and plumbing permits for work on their
own homes
Commissioner Waters requested Items A and C be
withdrawn from the Consent Agenda. Edwards x
Fletcher x x
Motion: Approve passage of Consent Agenda Tucker x
items B and D Waters x x
No discussion before the vote. The motion carried
unanimously.
C. Authorize purchase of automatic defibrillator under
Bid No. 9293-25 from Laerdal Medical at a cost of
$6, 197 .80
Commissioner Waters asked Fire Chief Ron Williams to
explain why the bid was awarded to Laerdal Medical when
Laerdal did not appear on the bid mailing list. Chief
Williams explained Advanced Medical & Pharmaceutical
Suppliers , Ormond Beach, was the supplier of Laerdal
Medical, and that the two companies were actually one
in the same. Edwards x
Fletcher r. x
Motion: Approve passage of Consent Agenda Tucker x x
Item C Waters a
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Page 3 NAME OF
August 9 , 1993 COMMRS. MSYN
The question was called and the motion carried
unanimously.
Commissioner Waters explained he mistakenly asked that
Item A be removed from the Consent Agenda, when he
actually wished to discuss Item B. It was decided to
reconsider the vote on Item B, and to discuss the
matter. Edwards x
Fletcher x x
Motion: Reconsider vote on Consent Agenda Tucker x
Item B Waters x x
B. Approval to invite bids to purchase an articulating
boom mower with tractor
Commissioner Waters felt the articulating boom mower
with tractor would not be able to mow banks of ditches,
specifically between Plaza and Cavalla Road. He felt
the City continued to buy equipment that would not do
the job for the entire City, and that work still would
have to be done by hand. Bob Kosoy, Public Works
Director, explained the equipment would eliminate a lot
of manual labor, and that it would clean 80% to 90% of
the city' s ditches.
Commissioner Fletcher questioned whether gas tax money
could be legitimately used to purchase the equipment.
Alan Jensen, City Attorney, responded since the
equipment would be utilized to maintain streets and
highways and roadside mowing, gas tax money could be
used.
Commissioner Waters felt training of employees to use
the equipment should be included in the bid, and Mr.
Kosoy agreed this could be included in specifications
when bidding. Kim Leinbach, City Manager, felt
specifications should also include service at a nearby
location within a reasonable amount of time.
Edwards x
Motion: Approve passage of Consent Agenda Fletcher x
Items A and B Tucker x
Waters x x
No discussion before the vote. The motion carried
unanimously.
4. Ordinances:
A. Ordinance #95-93-59 - Public Hearing
•
•
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Page 4 NAME OF
August 9 , 1993 COMMRS. MSYN
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 1 , GENERAL PROVISIONS, BY ADDING NEW
SECTION 1-12, TO PROVIDE A PROCEDURE FOR OBTAINING A
CODE VARIANCE, AND PROVIDING AN EFFECTIVE DATE.
Mayor Pro Tem Edwards presented in full, in writing,
Ordinance #95-93-59, said ordinance having been posted
in accordance with Charter requirements. He opened the
floor for a public hearing and invited comments from
the audience.
George James indicated his wife owned "On the
Boulevard" and constantly experienced problems with
dumping of trash, debris, and loud noise in front of
her establishment. The problem, Mr. James felt, was
attributed to the constant granting of variances by the
city. He felt the City should adhere to its Code and
laws.
Since no one wished to speak further the Mayor Pro Tem
:losed the Public Hearing.
David Thompson, Police Chief, felt the passing of the
ordinance would make enforcement of the city' s laws
difficult or impossible and would broaden the scope of
responsibility of the Community Development Board
beyond the intent of the ordinance establishing the
board.
George Worley, City Planner, felt the ordinance took
authority from the Commission and gave it to the
Community Development Board.
Commissioner Waters asked George Worley to come up
with a proposed ordinance that speaks specifically to
dimensional qualities , only, such as number of seats,
and distances between establishments .
Commissioner Fletcher indicated he was opposed to the
ordinance in its entirety. He felt the city' s laws
should be respected and that specific laws could be
modified through formal channels.
Edwards x
Fletcher x x
Motion: Defeat Ordinance No. 95-93-59 on Tucker x
final reading Waters x x
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Page 5 NAME OF
August 9, 1993 COMMRS. MSYN
The question was called and the motion was unanimously
approved.
B. Ordinance #28-93-3 - Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
SUBMITTING TO THE ELECTORS OF ATLANTIC BEACH A NEW
CHARTER WHICH AMENDS AND REPEALS ALL FORMER CHARTER
PROVISIONS; PLACING THE NEW CHARTER BEFORE A VOTE OF
THE ELECTORS OF ATLANTIC BEACH AT THE NEXT MUNICIPAL
ELECTION; PROVIDING FOR THE CONTINUANCE OF THE FORM OF
GOVERNMENT, CITY COMMISSION, CITY MANAGER, CITY CLERK,
CITY ATTORNEY, DEPARTMENT OF PUBLIC SAFETY, BUDGET,
DEPARTMENT OF FINANCE, ELECTIONS, FRANCHISES, TAX
ADMINISTRATION, ZONING, MUNICIPAL BORROWING, SUITS
AGAINST THE CITY, AND GENERAL AND MISCELLANEOUS
PROVISIONS; PROVIDING THE FORM OF BALLOT; AND PROVIDING
AN EFFECTIVE DATE.
Mayor Pro Tem Edwards presented in full, in writing,
dinance #28-93-3 , said ordinance having been posted
accordance with Charter requirements. He opened the
floor for a public hearing and invited comments from
the audience.
William Ryszykow, 535 Royal Palm Drive, felt the
position of Deputy City Manager should not be included
in the Charter, as he felt once the position was added
to the Charter it would always be part of the city
government. It was explained although the position of
Deputy City Manager was included in the Charter, this
would only be an option that would be available in the
future, should the Commission wish to provide funding.
Since no one wished to speak further the Mayor Pro Tem
closed the public hearing. Edwards
Fletcher x
Motion: Defer action on Ordinance #28-93-3 Tucker x
until the meeting of August 23, 1993 , when Waters
the full Commission would be present
Commissioner Fletcher felt it would be beneficial to
peruse the proposed Charter further, make changes , and
use the meeting of August 23 , 1993 for final action.
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Page 6 NAME OF
August 9, 1993 COMMRS. MSYN
Amended Motion: Reopen public hearing to Edwards x
allow the Commission to peruse the Charter Fletcher x x
further and make suggestions or changes by Tucker x
vote, with the changes being incorporated Waters x x
into a revised edition of the proposed
charter, with the final vote to be taken at
the meeting of August 23 , 1993, following
the continued public hearing
The question was called on the amended motion and the
vote resulted 3-1 with Commissioner Edwards voting nay.
Commissioner Tucker announced Ray Salman was in the
hospital and thus the changes that were made would not
have his input.
With reference to Article I , Commission Fletcher asked
why powers of the city were not enumerated, to which it
was explained powers of the city commission were listed
under Sec. 9, Powers.
With reference to Article 2 , Sec. 14 , Induction of city
commission into office; meetings of city commission,
Commissioner Fletcher indicated his desire to
incorporate language contained in the existing city
charter which provided that after each general election
the newly elected city commissioners shall assume the
duties of office at meeting of the city commission held
at 8 : 00 p. m. the first Tuesday in November.
Commissioner Fletcher suggested maintaining the
existing language and holding a special meeting for
the induction of new city commissioners, rather than
having the induction at a regular meeting.
Motion: With reference to Article 2 , Sec. Edwards x
14, Induction of city commission into office; Fletcher x x
meetings of city commission, change first Tucker x x
sentence to read as follows: "After each Waters x
general election, the newly elected city
commissioners shall assume the duties of
office at a meeting of the city commission
held at 8 : 00 p. m. the first Tuesday in
November. "
Following discussion the question was called and the
Tote resulted in 2-2 with Commissioners Edwards and
Waters voting nay. The motion failed.
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Page 7 NAME OF
August 9 , 1993 COMMRS. MSYN
Commissioner Waters referred to Section 9 , Powers, and
suggested language should be included to allow the
Commission to deal with issues that speak to equity,
rectification, or hardship. Commissioner Fletcher felt
the commission should not have the power to vary from
an ordinance, without amending that particular
ordinance. There was no decision at this time.
Commissioner Fletcher expressed concern regarding
language relative to the removal of the City Manager
and the City Clerk. He questioned why language
contained in the existing charter setting forth a
procedure for due process was left out. Alan Jensen
replied the procedure for due process would be set
forth in resolution form which would be approved by the
commission. Commissioner Fletcher felt some protection
for the offices of City Clerk and City Manager should
be contained in the Charter. He indicated the
Commission in the future could elect not to have a
contract for one of the positions.
ith reference to Article VI Department of Public
Safety, Sec . 33 , it was suggested that the chapter
of the city code indicating appointments and
responsibilities should be included.
With reference to Section 40 , Elections: Primary, it
was discovered there could be a lapse of two weeks
without officers , and it was suggested the installation
of new commissioners should be held the first Tuesday
in November. Commissioner Fletcher referred to Section
14 of the existing Charter and it was decided to
incorporate the language in the first sentence into
Section 14 of the proposed Charter, so that it would
conform with Section 40 , Elections.
Edwards x
Motion: Change language contained in Sec. 14 Fletcher x x
of the proposed Charter, Induction of city Tucker x
commission into office; meetings of the city Waters x x
commission, to read as follows: "After each
general election, the newly elected city
commissioners shall assume the duties of
office at a meeting of the city commission
held at 8 : 00 p. m. the first Tuesday in
November. " (This is the language contained
in existing charter, Sec. 14 Induction of
city commission into office; meetings of the
city commission. )
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Page 8 NAME OF
August 9, 1993 COMMRS. MSYN
The question was called and the vote resulted in 3-1
with Commissioner Edwards voting nay. The motion
carried.
With reference to Sec. 62 , Removal of officers and
employees, it was felt the intent of the language was
not clear and it was agreed to clarify the language so
that the chain of command would be more clearly
defined. The commission indicated their desire to
clearly define that the authority to remove an employee
was the responsibility of the city manager.
With reference to Sec. 66 , Personal interest, which
speaks to conflict of interest in the sale of land, it
was discussed whether to amend this to include
spouses of employees. Kim Leinbach referred to federal
grants and he felt this matter should be researched by
himself and George Worley to insure the wording was in
proper order to be eligible for federal and state
grants and funds . Alan Jensen explained the issue to
- e considered was whether an employee received a
ersonal financial gain. Alan Jensen was asked to
examine the State Statute and to give his opinion if it
would be proper to include spouses of employees.
With reference to Sec. 70, Publishing, a discussion
ensued relative to reinserting this section that had
previously been deleted. Alan Jensen advised this
matter was covered by state statute . After discussion,
it was decided to remove Sec. 70 , Publishing, because
it was not mentioned elsewhere in the Charter.
C. Ordinance #90-93-161 - First Reading (this was
withdrawn from the agenda)
D. Ordinance #33-93-6 - First Reading
Mayor Pro Tem Edwards presented in full, in writing,
ordinance #33-93-6.
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
PLACING ON THE BALLOT AT THE NEXT GENERAL ELECTION A
NON-BINDING STRAW BALLOT REGARDING THE CREATION OF
"OCEAN COUNTY" ; PROVIDING THE FORM OF BALLOT; AND
PROVIDING AN EFFECTIVE DATE.
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Page 9 NAME OF
August 9 , 1993 COMMRS. MSYN
Motion: Approve passage of Ordinance Edwards x
#33-93-6 on its first reading and set public Fletcher x
hearing for August 23 , 1993 Tucker x x
Waters .. x
No discussion before the vote. The motion carried
unanimously.
5 . City Manager Reports and/or Correspondence:
George Worley asked the Commission to authorize
entering into an agreement with Gerard Vermey in the
amount of $1 ,500 .to build restrooms in Jordon Park
Mr. Worley explained this was part of Community
Development Block Grant (CDBG) funds.
Motion: Authorize entering into contract Edwards x
with Architect Gerard Vermey in the amount of Fletcher x x
$1 ,500 to proceed with a design to build Tucker x
restrooms in Jordon Park , subject to review Waters x x
of City Attorney
:the question was called and the motion carried
unanimously.
Commissioner Fletcher asked Mr. Worley to provide a
schedule of expenditures of CDBG funds.
Harry McNally, Utility Plant Division Director, asked
the Commission to authorize the expenditure of
approximately $30, 000 to repair a deteriorated 6" force
main in the Buccaneer Division that ran under a creek
on AlA and was part of the Oak Harbor system. It was
indicated funds would be derived from restricted funds.
Motion: Approve going out to bid to have 6" Edwards x
sewer pipe repaired in the Buccaneer Fletcher
Division, and to use restricted funds to pay Tucker x x
for the repairs Waters x
The question was called and the vote resulted in all
ayes.
Fire Chief Ron Williams asked the Commission for
permission to purchase firefighter gear in the amount
of $7 , 210 . 17 . He indicated money was set aside in the
budget and the gear would be purchased on the city of
Jacksonville contract bid which would save $100 per
outfit.
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Page 10 NAME OF
August 9 , 1993 COMMRS. MSYN
Motion: Authorize the expenditure of Edwards x
$7, 210 . 17 for the purchase of firefighter Fletcher x x
gear Tucker x
Waters x x
The question was called and the vote resulted in all
ayes.
Police Chief David Thompson reported some time ago a
house located at 1598 Frances Avenue had been
confiscated because drugs were sold there. He
indicated an arrangement was made to sell the property
to the Community Development Corporation (CDC) for
$3 ,000. He reported the CDC could move two or three
homes that the city had already given to the
Corporation onto the property.
Commissioner Waters indicated his desire to set millage
rate at a regularly scheduled Monday meeting.
It was announced budget budget meetings would be held
ugust 10th and August 24th, 1993 .
There being no further business t - meeting adjourned
at 9 : 15 p. m.
1 /
Wi liam I . Gu i . Jr.
Mayor/Presiding ► licer
ATTES T:
Mau j
en King, C'ty C rk
PETITION AGAINST RE-ZONING AND/OR
CONSTRUCTION OF ANY HUD HOUSING
SINGLE DWELLING, PATIO OR MULTIPLE
APARTMENT HOUSING AS DESCRIBED IN
APPLICATION FOR RE-ZONING BY LOUIS
B. MACDONELL OF APRIL 30, 1993, OR
BY ANY OTHER PERSON OR PERSONS.
The property owners in Atlantic Villas, Saratoga Circle,
Atlantic Beach, Florida do hereby strongly object to any re-zoning
or the construction of any HUD housing from North Cornell Lane,
Mayport Road West to Aquatic Drive East and to Atlantic Boulevard
South.
As property owners we are already subjected to a high noise,
crime and traffic area from existing low income housing in the
aforementioned area.
We have a right as tax payers, and particularly residents of
Atlantic Beach who own their own homes, not to be subjected to
anymore of the undesirable elements that already exist in this area
of Atlantic Beach.
Your concern should not be with a developer who is here today
and gone tomorrow then leaves a mess for your police officers to
contend with and an eye sore for everyone to see coming into and
out of Atlantic Beach.
We, the homeowners of Saratoga Circle, already have our share
in our back yards. Please allow another area of our fine city to
share.
Thank you.
BY MY SIGNATURE APPEARING BELOW, I certify that I am a property
owner on Saratoga Circle, Atlantic Beach, Florida and strongly
support this petition.
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