04-26-82 v AGENDA
CITY OF ATLANTIC BEACH, FLORIDA
April 26, 1982
Call to Order
Invocation and Pledge to Flag
1. Approval of the Minutes of April 12, 1982
2. Recognition of Visitors
3. Correspondence
A. From Department of Environmental Regulation re City of Atlantic Beach
STP-FL0023914 - Operation & Maintenance and Compliance Sampling
Inspections
B. From HUD re Compliance Monitoring - Community Development Block Grant
C. From Robert Hall re Coast Electric Company - Commercial Building Permit
4. Advisory Planning Board
A. Meeting of April 20, 1982, re Proposed Zoning Ordinance
5. City Manager's Report
A. Item #1 - Request by Forrest Thomas to Construct Commercial Building
in a Business B Zone
B. Item #2 - Request by Leigh Broward to Construct Storage Building for
Stor-Park-Systems
C. Item #3 - 1981 Crime Statistics
D. Item #4 - Acceptance of Improvements for Selva Marina Gardens and
Authorization to Proceed with the Planned Unit Development
E. Item #5 - Authorization to Disburse $1,285.00 to Ind Mar Machine Works
F. Item #6 - Authorization to Purchase Portable Radios Through State Contract
G. Item #7 - Authorization to Disburse $3,256.36 to Hersey Products, Inc. ,
for Commercial Water Meter Testing and Repair
H. Item #8 - Housing Rehabilitation Case 81-12
6. New Business
7. Unfinished Business
A. Further Consideration of New City Clerk
8. Report of Committees
9. Action on Resolutions
A. Resolution No. 82-7 - 1958 Sewer Bond Coupons
B. Resolution No. 82-8 - 1971 Sewer Bond Coupons
10. Action on Ordinances
A. Ordinance No. 5-82-8 - An Ordinance Amending the City Charter re
Appointment of City Treasurer/Comptroller - Third and Final Reading -
Public Hearing
B. Ordinance No. 80-82-21 - An Ordinance Amending Ordinance No. 80-81-19
to be Known as the "Water Conservation Ordinance" - Third and Final
Reading - Public Hearing
C. Ordinance No. 95-82-25 - An Ordinance Prohibiting the Use of Surfboards
in the Surf Adjacent to the Beach Unless Such Surfboard is Fastened
to a Tether - Third and Final Reading - Public Hearing
11. Miscellaneous Business
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19_ AT1TfTTRN
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY V V
COMMISSION HELD AT THE CITY HALL ON APRIL 26, 1982 AT 8:00 PM 0 0
T T
PRESENT: Robert B. Persons, Jr. , Mayor-Commissioner E E
William I. Gulliford, Jr. D D
Alan Jensen
Preben Johansen
Catherine G. Van Ness, Commissioners M S
O E
AND: A. William Moss, City Manager T C
Oliver C. Ball, City Attorney I 0 Y
Adelaide R. Tucker, City Clerk NAME OF ONEN
COMMRS . N D S 0
The meeting was called to order by Mayor Persons. The invocation,
offered by Commissioner Van Ness, was followed by the pledge to the flag.
Approval of the Minutes of April 12, 1982
Gulliforc x x
Motion: The minutes of the regular Commission meeting of April 12, 1982 Jensen x
be approved as submitted. Johansen x x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * persons x
Recognition of Visitors
The Chair recognized Mr. Charles R. Casella, 360 8th Street. Mr. Casella
requested that the City repair his broken sidewalk in front of his house,
as it is a potential hazard. The City Manager stated that he would in-
vestigate the matter and advise Mr. Casella as soon as possible.
Correspondence
A. From Department of Environmental Regulation re City of Atlantic Beach
STP-FLO023914-Operation & Maintenance & Compliance Sampling Inspections
Mr. Moss summarized the letter concerning the operation and maintenance
of the city's sewer plant. The letter stated that the plant is not opera-
ting the way it is supposed to and has an insufficient number of certified
operators on duty for the required number of hours. As stated in Chapter
17-19.08, Florida Administrative Code (FAC) , for "B" plant as defined in
Chapter 17-6. 12, FAC, the compositing period for this plant is 16 hours.
A lack of certified operators prevents the collection of samples for the
entire 16-hour period. Mr. Moss stated that he would respond to the
letter.
B. From HUD re Compliance Monitoring-Community Development Block Grant
The City Manager explained that the letter was primarily for information
purposes regarding the status of monitoring and inspection of the city's
Block Grant Program and expressed the opinion that the report was com-
plimentary.
C. From Robert Hall re Coast Electric Company-Commercial Building Permit.•
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PAGE TWO V V
MNames of
MINUTES
APRIL 26, 1982 Commrs. M S Y N
Correspondence - continued - #C
Mr. Robert Hall, Coast Electric Company submitted a request for a
zoning clarification of his property in Section H, Lot 5,Block 38,
which is zoned Business "A". He desires to construct a commercial
building to be used for electrical service repairs on automobiles,
primarily repairing and rebuilding automobile alternators, generators
and starters. The Ordinance states no outside vehicle repair work,
stored parts, bodies or junk allowed, and Mr. Jack Bennett,131 Belvedere
representing Mr. Hall, assured the Commission all work would be done
inside the building. Mr. Bennett was instructed to submit the plans
for the City Manager's perusal before placing the application on the
agenda.
Advisory Planning Board
Mr. John Andresen, Chairman of the Advisory Planning Board reported
that the next meeting has been scheduled for Thursday, May 6, 1982
at 7:30 p.m. and hoped to receive some input by mail from comments the
audience made at the last meeting. He added that the Board is planning
to reconsider some of the items discussed at the last meeting before
the proposed zoning Ordinance is passed on to the Commission. Com-
missioner Johansen asked how long the terms of office of the Board
were extended and Mayor Persons responded until July 1, 1982. Com-
missioner Van Ness expressed the opinion that the proposed Ordinance
could conceivably be presented to the Commission within one month.
But, there was some concern among all the Commissioners if the Ordi-
nance could be passed on or before July 1st. Mayor Persons stated that
the members' service on the Board could be extended again if necessary.
The Commission unanimously agreed.
City Manager's Report
A. Item#1 - Request by Forrest Thomas to construct commercial building
in a Business B Zone
Mr. Moss requested permission to issue a permit to Forrest Thomas
to construct a commercial building on lot 5,Block 16, Donners Sub-
division, which is zoned Business B. The City Manager stated that he
had reviewed the plans, and they meet all the requirements of the Cito
Code.
Motion: Authorize the City Manager to issue a permit to Forrest Gulliford x x
Thomas to construct a commercial building on Lot 5, Block Jensen x
16, Donner Subdivision, to be used as a welding and repair Johansen x x
business. Van Ness x
Persons -
Before the vote, Commissioner Van Ness reminded Mr. Thomas that his
building is going to be in an area where the zoning may change,
and that he should be well advised that if 51% of the structure was
destroyed, it would not be grandfathered in and he would not be allow-
ed to rebuild. Mr. Thomas replied that he had understood that at the
last meeting. Commissioner Van Ness added that she simply wanted it
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PAGE THREE V V
MINUTES Names of
APRIL 26, 1982 Commrs. M S Y N
y
City Manager's Report - continued #1
on the record, so that the Commission knows that you understand that
it is one of those circumstances that we really can't do anything aboLt
right now. The question was called and the motion carried with four
ayes. Mayor Persons abstained from voting.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
B. Item #2-Request by Leigh Broward to construct storage building
for Stor-Park-Systems
Mr. Leigh Broward requested permission to construct an additional
storage building at the present Stor-Park-Systems site on Levy Road,
which is presently zoned "Industrial". There was some indication in
his application that the structure would be used as a paint building
for automotive painting. Discussion followed on uses permitted in
the industrial area. Commissioner Jensen expressed the opinion that
the building as presented meets with the city's code requirements for
the area and Mr. Broward should be allowed the permit to construct.
The tenant of the building will have to obtain an occupational license
and if the use does not comply with the city's zoning ordinance, then
the prospective tenant will be unable to obtain an occupational license.
Commissioner Gulliford agreed,but stated that the intent is to local-
ize any type of industrial usage, and he saw no real problem in paint-
ing and spraying there.
Gulliford x x
Motion: Approve the request by Mr. Leigh Broward to construct an Jensen x
additional storage building at Stor-Park-Systems, Levy Road, Johansen x x
with the understanding that no prior approval for an occupa- Van Ness X
tional license is granted at this time. Persons x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
C. Item #3- 1981 Crime Statistics
Mr. Moss presented a report that was based on statistics provided
by the Florida Department of Law Enforcement for the year 1981. He
stated that it should be noted that Atlantic Beach has among the high-
est arrest records of any community of its size- in the State of Fla. ,
and also has among the lowest number of police personnel per 1,000
population. We have on the street 2.03 officers per 1,000 in comparison
to St. Pete with 3.61 per 1,000. Fernandina Beach has 2.72 per 1,000,
and St. Augustine has 2.51 officers per 1,000. Mayor Persons opined ttat
one of the most significant parts of the analysis is the section that
states that statewide crime increased in all categories, but overall,
the index crimes decreased 5.0% in Atlantic Beach in 1981. He commended
the Chief and his entire department.
D. Item #4-Acceptance of Improvements for Selva Marina Garden and
Authorization to Proceed with the Planned Unit Development
Mr. Moss presented a three page summary report summarizing actions
at the last meeting and events that have occurred since the meeting.
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MINUTES Names of
APRIL 26, 1982 Commrs. M S Y N
•
City Manager's Report - continued #4
The report stated that the City Engineer has reviewed the proposed
modifications submitted by the two contractors building in that area,
and has determined that the proposed improvements are acceptable.
Greenville & Meuse, oneof the contractors, has submitted a Cashier's
check to the City of Atlantic Beach in the amount of $2,500 to be uses
as an escrow to assure that the improvements will be made, and an
escrow agreement between the two builders and the City of Atlantic
Beach has been prepared. The Escrow agreement assures that the Construc-
tion and installation of the sanitary sewer collection system and the
water distribution system will be in accordance with the specifica-
tions as approved by the City Engineer. Because of the escrow agree-
ment the City Manager recommended that the improvements for Selva
Marina Garden be accepted. (For future reference, a copy of the City
Manager's report is attached hereto and made a part hereof).
Motion: The City Manager be authorized to execute the Escrow Agree- Gulliford x x
ment with the builders to assure construction of the improve- Jensen x
ments are made in accordance with specifications as approvec Johansen x x
by the City Engineer, and that such improvements be dedicated Van Ness x
to the City upon completion and final inspection. Persons x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mayor Persons stated that the second issue was the City Manager's
recommendation that the Selva Marina Garden Planned Unit Development
be permitted to continue in accordance with the method in which it
has progressed providing it does not significantly deviate from the
covenants and restrictions and the patio home concept. Commissioner
Van Ness asked for a clarification of what a patio home concept is,
as what has been built is totally opposite of what was presented to
the Commission two years ago.A lengthy discussion followed on if the
development is in accordance with that proposed by the developer and
the builders during the public hearing stages of the Planned Unit
Development, and if not, what course the Commission should follow.
The City Attorney was asked for an opinion on the motion Commissioner
Gulliford made to ask the developer to amend his PUD and upon receipt
of application to amend, the city would again begin to issue building
permits for the continued construction in the development. The motior
was seconded by Commissioner Johansen. Mr. Ball answered that you are
only interpreting what has happened in the past. Mr. Moss objected
to the motion,as now, you have to go through several owners, rather
than just the developer if the Commission should request an amendment
to the PUD. Commissioner Gulliford withdrew his motion. Mr. Ball
suggested that any motion that went along with Mr. Moss's recommendation
would be considered as an interpretation of what has occurred in the
past, and considering the horse is gone on the already developed homes ,
that you would be interpreting that the action of the Commission two
years ago left a leeway whether it is zero lot lines or it could be oTen.
Commissioner Gulliford then moved for the following:
Motion: Accept that as an interpretation of what the Commission did two
years ago with the concept that they approved in that area.
What they are doing is within the parameters of what the
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PAGE FIVE V V
MINUTES Names of
APRIL 26, 1982 Commrs. M S Y N
City Manager's Report - continued #4
Continued Gulliford x x
Motion: Commission felt like would be acceptable usage by their Jensen X
Johansen x x
vote two years ago. Van Ness X
Persons x
During discussion before the question, Commissioner Jensen stated that
he could not vote for the motion, because that was not what happened
two years ago. The question was called and the motion carried with
Commissioners Gulliford, Johansen, and Mayor Persons voting aye and
Commissioners Jensen and Van Ness voting no.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
E. Item #5 - Authorization to disburse $1,285.00 to Ind Mar Machine Works
The City Manager requested authorization to disburse $1,285.00 to Ind
Mar Machine Works for the emergency repair of a blower motor for the
wastewater treatment plant.
Motion: Authorize the City Manager to disburse $1,285.00 to Ind Mar Gulliford x x
Machine Works for the emergency repair of a blower motor Jensen x
for the wastewater treatment plant. Johansen x x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
F. Item #6-Authorization to purchase portable radios through the
State Contract
Mr. Moss stated that the amount of $3,292 has been budgeted in the
Revenue Sharing account to purchase three portable radios for the
Public Safety Department. He requested permission to purchase three
portable radios from Motorola through State Contract #725-52-82-1
for $2,973.00.
Motion: Authorize the City Manager to purchase three portable radios Gulliford x
from Motorola Communications through the State Contract Jensen x x
for $2,973.00, to be charged to the Revenue Sharing acct. Johansen x
Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
G. Item #7-Authorization to disburse $3,256.36 to Hersey Products, Inc.
for commercial water meter testing and repairs
The City Manager requested authorization to disburse $3,256.36 to
Hersey Products, Inc. for their annual testing and repairs on
commercial water meters. The repairs included the larger compound
water meters serving such areas as Sevilla, Atlantic Arms, Sea Turtle
Inn, etc.
Motion: Authorize the City Manager to disburse $3,256.36 to Hersey Gulliford x x
Products, Inc. for water inspection and repairs to the Jensen x
city's commercial Hersey meters. Johansen x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Van Ness x
Persons x
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PAGE SIX V V
MINUTES Names of
APRIL 26, 1982 Commrs. M S Y-N
-- A, ,
City Manager's Report - continued
H. Item #8 - Housing Rehabilitation Case 81-12
Mr. Moss read a letter from Mr. Larry Stokely, Community Development
Administrator requesting Commission approval to accept the low bid
of $16,228.00 (five bids were received) on housing rehabilitation
case #81-12. The city's cost estimate was $14,767.50. GullifordJensen
x
Motion: Approve the low bid of $16,228.00 for housing rehabilitation Johansen x x x
case #81-12. Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
New Business
Commissioner Johansen suggested that the Commission seriously consider
the problems that the newly passed parking Ordinance are creating,
and perhaps consider amending the Ordinance. Discussion followed.
No action was taken.
* * * * * * * * * * * * * * * * * *
Commissioner Gulliford asked that the City Manager determine if it
would be feasible for the city to own their own electric distribution
system, and secondly, to pursue the source of wholesale power through
either some type of agreement with Florida Power and Light, or with
Jacksonville Beach, or to acquire a small portion of the St. Johns
Power Project, providing they are really going to realize a substantial
savings which they are projecting with the coal-fired power. Mr. Moss
agreed to write letters to the proper authorities and report back.
* * * * * * * * * * * * * * * * * *
Unfinished Business
A. Further Consideration of New City Clerk
Mayor Persons announced that the screening committee had submitted
two names for the Commission to interview. They are Karen M. Gallagher
and Edna Mae Lutes. The Commission decided to hold a Special Call
Meeting on Monday, May 3, 1982 beginning at 7:30 p.m. to interview
the applicants.
Action on Resolutions
A. Resolution No. 82-7 - 1958 Sewer Bond Coupons
Mayor Persons presented and read in full Resolution No. 82-7, a
Resolution redeeming 1958 General Obligation Sewer Bonds and coupons.
Gulliford x x
Motion: Passage of said Resolution. Copy of Resolution No. 82-7 Jensen x
is attached hereto and made a part hereof. Johansen x x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
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PAGE SEVEN V V
MINUTES Names of
APRIL 26, 1982 Commrs. MS Y N
Action on Resolutions - continued
B.Resolution No. 82-8 - 1971 Sewer Bond Coupons
Mayor Persons presented and read in full Resolution No. 82-8, a
Resolution redeeming 1971 Sewer Bond interest coupons.
Gulliford x x
Motion: Passage of said Resolution. Copy of Resolution No. 82-8 Jensen x
is attached hereto and made a part hereof. Johansen x x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
Action on Ordinances
A. Ordinance No. 5-82-8 - Third and Final Reading-Public Hearing
AN ORDINANCE AMENDING SECTION THIRTY-TWO (32) AND SECTION THIRTY-FOUR
(34) OF ARTICLE IV OF THE ATLANTIC BEACH CITY CHARTER (CHAPTER 57-1126,
LAWS OF FLORIDA, AS AMENDED) . ENTITLED "CITY COMPTROLLER" AND "CITY
TREASURER";PROVIDING AN EFFECTIVE DATE.
Said Ordinance was presented in full, in writing, and read on third
and final reading by Mayor Persons. Said Ordinance was posted in
line with charter requirements. After the reading, the Mayor declar-
ed the meeting open for a Public Hearing. As no one spoke for or
against, the Mayor declared the Public Hearing closed.
Gulliford x
Motion: Said Ordinance No. 5-82-8 be passed on third and final Jensen x x
reading. Johansen x
Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
B. Ordinance No. 80-82-21 - Third and Final Reading - Public Hearing
AN ORDINANCE AMENDING ORDINANCE NO. 80-81-19 AN EMERGENCY ORDINANCE
TO PROHIBIT OR CURTAIL NON-ESSENTIAL USES OF WATER AND TO CONSERVE
AVAILABLE WATER RESOURCES DURING A DECLARED WATER SHORTAGE AND WATER
SHORTAGE EMERGENCY.
Said Ordinance was presented in full, in writing, and read on third
and final reading by Mayor Persons. Said Ordinance was posted in
line with charter requirements. After the reading, the Mayor declared
the meeting open for a Public Hearing. The City Manager noted, for
the benefit of the audience, that under Section 1 "this ordinance
shall be effective only during a water shortage as declared to exist
by the St. Johns River Water Management District". He suggested that
"after due public notice by the City Manager"be added after the word
District. It was explained to the audience that the St. Johns River
Water Management District mandates when water usage shall be reduced
by 15%. The Chair recognized Mrs. Dorothy Kerber, 2nd St. who express-
ed the opinion that some citizens may not be aware that the State may
increase our millage from . 1210 mills to support the St. Johns River
Water Management District to some 2 or 3 or maybe 5 mills thus making
making them more powerful and demanding. She added that it is another
layer between the Legislature and our local elected officials.
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MINUTES Names of
APRIL 26, 1982 Commrs. M S Y N
Action on Ordinances - continued - #80-82-21
As no one else spoke for or against the Ordinance, the Mayor declared
the Public Hearing closed.
Motion: Said Ordinance No. 80-82-21 be amended to read: Section 1. Gulliford x x
The prohibition or curtailment of certain non-essential uses Jensen x
of water shall be restricted or curtailed as set forth by Johansen x x
this ordinance and shall be effective only during a water Van Ness x
shortage as declared to exist by the St. Johns River Water Persons x
Management District, after due public notice by the City
Manager.
* * * * * * * * * * * * * * * Gulliford x
Motion: Said Ordinance No. 80-82-21 be passed on third and final Jensen x
reading, as amended. Johansen x x
Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
C. Ordinance No. 95-82-25-Third and Final Reading - Public Hearing
AN ORDINANCE PROHIBITING THE USE OF SURFBOARDS IN THE SURF ADJACENT
TO THE BEACH UNLESS SUCH SURFBOARD IS FASTENED TO A TETHER
Said Ordinance was presented in full, in writing, and read on third
and final reading by the City Manager. Said Ordinance was posted in
line with charter requirements. After the reading, the Mayor declar-
ed the meeting open for a Public Hearing. As no one spoke for or
against, the Mayor declared the Public Hearing closed. Commissioner
Johansen asked who is going to enforce the Ordinance. Chief Stucki
was asked by Commissioner Jensen if signs could be posted on the
lifeguard chairs that said "no surfing within 100 yards of the life-
guard stand". The Chief said yes, that his crew had been operating
in this manner for the past few years, but without the Ordinance.
Gulliford x x
Motion: Said Ordinance No. 95-82-25 be passed on third and final Jensen x
reading as written. Johansen x x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
Miscellaneous Business
A discussion was held on the travel expenses to be incurred by Mrs.
Lutes to come from Illinois. Commissioner Johansen moved the following:
Motion: Authorize the payment of expenses incurred by Mrs. Lutes Gulliford x x
to travel from Illinois for an interview for the position Jensen x
of City Clerk. Johansen x x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
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PAGE NINE
1 V V
MINUTES Names of
APRIL 26, 1982 Commrs . MS Y N
_ _Y .-*
Miscellaneous Business - continued
Mayor Persons stated that he would like to commend the Chief and the
Police Department for their excellent report regarding the crimes
going down, and added that is indicative of the fact that they are
doing a good job. Commission agreed.
There being no further business, the Mayor declared the meeting
adjourned.
(SEAL) 44/2/
Robert B. sons, Jr.
Mayor-Commissioner
ATTEST:
Adelaide R. Tucker
City Clerk
AB 1325