07-26-82 v AGENDA
• CITY OF ATLANTIC BEACH, FLORIDA
July 26, 1982
Call to Order
Invocation and Pledge to Flag
1. Approval of the Minutes of July 12, 1982
2. Recognition of Visitors
3. Correspondence
4. Advisory Planning Board
5. City Manager's Report
A. Item #1 - Proposed 1982-83 Operating and Capital Improvements Budget
B. Item #2 - Proposed Sewer Rate Increase
C. Item #3 - Budget Report for Third Quarter Ending June 30, 1982
D. Item #4 - Erosion Control Program Grant - DNR
E. Item #5 - Award of Contract for New Public Works Building
F. Item #6 - Authorization to Permit TRECO, Inc. , to Record Selva Tierra Plat
G. Item #7 - Recodification of the Code of the City of Atlantic Beach
6. New Business
A. Appointment of City Commissioner
7. Unfinished Business
A. Public Hearing - PUD Application - Mr. George Bull - Selva Marina Garden Two
8. Report of Committees
A. Sewer Plant Committee
9. Action on Resolutions
A. Resolution No. 82-14 - Commending Adelaide R. Tucker
10. Action on Ordinances
A. Ordinance No. 90-82-74 - Amending Chapter 28 of the Ordinance Code of
the City of Atlantic Beach, the Same Being the Zoning Ordinance -
Third and Final Reading - Public Hearing Continued
B. Ordinance No. 25-82-1 - Adopting the Standard Mechanical Code -
Third and Final Reading - Public Hearing
C. Ordinance No. 34-82-1 - Amending Chapter 7 of the Code of Ordinances
of the City of Atlantic Beach, Florida, the Same Being the Chapter
Regulating Electricity - Third and Final Reading - Public Hearing
D. Ordinance No. 36-82-1 - Amending Chapter 17 of the Code of Ordinances
of the City of Atlantic Beach, the Same Being an Ordinance Regulating
Plumbing - Third and Final Reading - Public Hearing
E. Ordinance No. 90-82-73 - An Ordinance Amending Section 3-3 of the
Ordinance Code of the City of Atlantic Beach, the Same Being the
Ordinance Regulating Alcoholic Beverages and Locations Where Sales are
Permitted (To Be Presented by the City Attorney)
11. Miscellaneous Business
A. Notice of Proposed Use Hearing to be Held August 2, 1982 -
Federal Revenue Sharing Funds
12. ADJOURN
Corrected 8/23/82 to reflect "Yes" and "NO" of the "Voted" Column
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD AT THE CITY HALL V V
ON JULY 26, 1982 0 0
T T
PRESENT: Robert B. Persons, Jr. , Mayor-Commissioner E E
William I. Gulliford, Jr. D D
Preben Johansen
Catherine G. Van Ness, Commissioners
M S
AND: A. William Moss, City Manager 0 E
Alan Jensen, City Attorney T C
Pat Whitney, City Clerk I 0 Y
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 July 12, 1982
Motion: The minutes of the regular Commission Meeting of July 12, 1982 Gulliford x x
be approved as submitted. Johansen x x
Van Ness x
************************************************************************* Persons x
" 'visory Planning Board
Commissioner Van Ness informed the Commission that the Advisory Planning
Board would be meeting sometime next week, however, a date had not
been set, but she would advise of time and date later.
*************************************************************************
City Manager's Report
A. Item #1 - Proposed 1982-83 Operating and Capital Improvements Budget
The City Manager submitted to the Commission a 1982-83 budget draft.
The budget draft is intended to be substantially similar to the tentative
budget which will be reviewed in the workship session scheduled for
August 9th and the first public hearing scheduled for August 30th.
The City Manager reported on July 1, 1982, the Property Appraiser provided
to the City of Atlantic Beach the "Certification of Taxable Value" for real
and personal property. Excluding new construction, the total taxable
value of property is $98,245,295. This is a three million dollar reduction
from the previous year. The value of new construction, however, doubled
over the previous year to $7,653,524. The total assessed value after currert
deletions, therefore, is $104,371,909.
MINUTES V V
PAGE 2 Names of
JULY 26, 1982 Commrs. M S Y N
City Manager's Report - Item #1 - Continued
Having been furnished the "taxable value", the City is required to
furnish to the Property Appraiser by July 30th the proposed millage
for the first public hearing which is scheduled for August 30, 1982.
The Property Appraiser will furnish a letter to all taxpayers
before the public hearing indicating the proposed millage under
consideration. The revised "Trim Bill" adopted this year allows
municipalities to reduce the millage up to the final adoption of
the budget. The millage rate, however, may not be increased above
the amount provided to the Property Appraiser unless all property
owners are furnished a personal letter by the Property Appraiser,
at the expense of the City, advising of the change in millage.
As a matter of practicality, the millage established by July 30 wil_ ,
in fact, be the maximum millage. Since all property owners will
be advised of the proposed millage, it is advisable to establish
a millage rate which will approximate the final millage.
The City Manager suggested four ad valorem tax options to the
Commission, however, he recommended that Option 4 be adopted.
Option 4 read as follows:
Sewer Debt Service reimbursement, Telephone Utility Replacement
Tax, and additional Property Tax Relief.
The City Manager stated that under Option 4, the total operating
millage will be reduced to $2.3645, a 36.6% reduction in operating
millage from the current year. Operating millage plus a required
debt service levy of $.5855/$1,000 with a $25,000 homestead exemption
will pay a total property tax of $73.73 to the City of Atlantic Beach.
Homeowners and renters with telephones will have a 10% municipal
tax added to the local service charge portion of their phone bill.
The average local service charge is $11.05. The utility tax
would be $1.10 per month. The telephone utility tax is levied
by most area municipalities.
Option 4 should afford Atlantic Beach residents the lowest property
taxes in this region and provide necessary funds for operational
expenses and capital improvements while maintaining a fiscally
sound position.
The City Manager summerized the budget draft by informing the
City Commission of the following:
1. Total revenue to the General Fund is expected to increase
by 4.3% from the current year and by 33% from FY 1980-81.
Excluding an extra Electric Franchise Payment received in
FY 1981-82, the revenue will increase by 12% in FY 1982-83.
2. Total estimated expenses in the General Fund, excluding
Capital Improvements, are proposed to increase by 10.82%
from the FY 1981-82 budgeted expenditures. (6.2% without
$30,000 reserve for contingency and capital equipment. )
Corrected 8/23/82 to reflect "Yes" and "NO" of the "Voted" Column
. y
MINUTES V V
PAGE 3 Names of
July 26, 1982 Commrs. M S Y N
City Manager's Report - Item #1 - Continued
3. Total personnel salaries in the General Fund will increase by
5.99% from the FY 1981-82.
4. Total personnel salaries in the Sanitation Fund will decrease
by 11.4% from the FY 1981-82 budget.
5. A rough draft of a proposed five-year capital improvements
program is submitted for consideration. However, it had
to be modified at the last minute because of the bids that
were received on the Public Works Building. It will be
refined before the next meeting. The program provides for
the allocation of funds for public works improvements as well
as for known significant capital equipment expenditures.
6. The financial position of the General Fund is good.
7. The financial position of the Sanitation Fund is not good.
The contribution from the General Fund is projected to be
$50,000. Were it not for the Double Taxation settlement
which will refund to Atlantic Beach $72,000 in paid landfill
fees, the contribution from the General Fund would be over
$120,000, the equivalent of over 1 mill ad valorem tax.
At least $255,000 in equipment will be needed within the
next 5 years.
A lenghty discussion ensued over the different options with respect
to cutting or increasing property taxes. However, Mayor Persons
pointed out that by going with Option 4, the City is not laying
all the burden on the property owner. It's being distributed
among those using the services.
Mr. Moss requested the Commission give him some indication
of which way they would like him to indicate to the Property
Appraiser what the millage rate would be for this year.
Commissioner Gulliford then moved the following:
Gulliford x x
Motion: The City pursue what was proposed in Option 4 with a Johansen x
revised millage rate of 2.95 which includes a debt Van Ness x x
service, which reflects a millage reduction of 36.6%. Persons x
B. Item #2 - Proposed Sewer Rate Increase
The City Manager reported that the City Commission has been
provided a copy of the Engineer's Report on Sewer Rate Increases
prepared for Atlantic Beach by Robert Bates & Associates, Inc. ,
Consulting Engineers. This extensive report made a number of
recommendations and offered to the City a number of alternatives.
The City's Sewer Plant Committee has met twice on this matter and
the City Comission has discussed it at a couple of meetings.
Cprrectd 8/23/82 to reflect "Yes" and "No" of the "Voted" Column
MINUTES V V
PAGE 4 Names of
JULY 26, 1982 Commrs. MS Y N
City Manager's Report - Item #2 - Continued
On July 21st, the Sewer Plant Committee again met to review
the alternatives provided in the report. The Committee unanimously
recommended that the engineer's recommendations be accepted.
The City Manager then read the nine recommendations.
Gulliford x x
Motion: To accept the recommendations and prepare the necessary Johansen x x
ordinances. Van Ness x
Persons x
C. Item #3 - Budget Report For Third Quarter Ending June 30, 1982
The City Manager attached for the Commissioners' information the
Budget Report for period ending June 30, 1982. The City Manager
recommended that the City Commission receive the Budget Report
at least on a quarterly basis.
D. Item #4 - Erosion Control Program Grant - DNR
The City Manager reported on a memorandum prepared by Larry
Stokely outlining a 1983/84 and 1984/85 Erosion Control Program
Grant, Department of Natural Resources, Division of Beaches and
Stores. Funding year, if approved, appears to be FY84. Atlantic
Beach is targeted to benefit in this grant in the amount of
$126,492.00. It appears construction design and implementation
would be carried out by the City of Jacksonville. As of this
date the project has not been funded. A local match of at
least 25% is required, although the match can be in-kind services.
If the City decides to proceed, the grant application must be
submitted to the Department of Natural Resources no later than
August 10, 1982 and requires a resolution from the City Commission
approving the form which would have to be obtained at the
regularly scheduled meeting of August 9, 1982.
Gulliford x
Motion: Authorize City Manager to proceed with the grant Johansen x x
application. Van Ness x x
Persons x
E. Item #5 - Award of Contract for New Public Works Building
The City Manager reported on the bids for the new Public Works
Building. The low base bid was submitted by Argo & Associates in
the amount of $354,816. The base bid excludes several desirable
alternatives, including paving around the building which if added
in would exceed another $100,000.
This base bid significantly exceeds the engineer estimate provided
last year.
Corrected 8/23/82 to reflect "Yes" and "No" of the "Voted" Column
MINUTES
PAGE 5 V V
JULY 26, 1982 Names of
Commrs. M S Y N
City Manager's Report - Item #5 - Continued
Because the eight bids appear to be very competitive, the question
is whether to change the specifications and rebid or accept what
we received with grace and try to work our finances around it.
It put the City in a state of depression for a couple of days
when we first received the bids, but as it turns out, it looks
like we will be in a position to fund the building, which for
a city of this size is a fairly good accomplishment.
The City Manager stated that the City is looking at a building
that should provide a good service for over 30 years, and on that
basis he suggusted the City award the contract on the building.
However, Mr. Moss requested approval from the Commission to
negotiate downward a bit on some of the hydraulic lift equipment
that he feels we cannot justify spending $17,000 on. There are
also some office areas that he felt could be cut back on also.
Mr. Moss expressed the opinion that the bid could be cut by
$17,000 to $20,000.
Commissioner Johansen requested the opinion of the City Engineer.
Mr. Parks stated that what Mr. Moss had mentioned was basically
correct, in so far as the facility provided will provide better
and improved service. In that regard, the only additional
feature that we have provided space for is an area identified
on the plans as the employee lounge, otherwise, there really
isn't that much more space other than what was provided for in
the past.
Commissioner Johansen asked Mr. Parks if the employee lounge
is what caused the bid to exceed $100,000 over the estimated amount.
Mr. Parks stated that what he was attempting to say was that
they had not provided additional space for any features except
the employee lounge.
Gulliford x
Motion: Pursue the recommendation, appointing a Committee made-up Johansen x
of two Commissioners plus the City Manager to meet with the Van Ness
contractor to see if the Committee could negotiate the price Persons
down and move in the direction of the low bidder.
Ammended Motion: Suggest that the City Commission have the Gulliford x x
right to final review after the negotiations Johansen x
take place. Van Ness x x
Persons x
Mayor Persons appointed Commissions Gulliford and Johansen
as the Committee to negotiate on the Public Works Building.
Corrected 8/23/82 to reflect "Yes" and "No" of the "Voted" Column
MINUTES V V
PAGE 6
JULY 26, 1982 Names of
Commr s. MS YN
-
City Manager's Report - Continued
F. Item #6 - Authorization to Permit TRECO, Inc. , to Record
Selva Tierra Plat
The City Manager reported on a PUD zone area previously
created by the City Commission north of Saturiba Dr. between
Sea Oats Drive and Live Oak Lane.
TRECO has submitted a letter requesting that the City of Atlantic
Beach grant them permission to record the plat for Selva Tierra.
In that the subdivision may not be totally completed at the time
Atlantic Beach signs the plat, TRECO would submit to Atlantic Beach
a cost estimate to complete the subdivision according to the plans
and specifications and would execute a plat bond secured by letter
of credit in the amount of the cost estimate to guarantee the
completion of the subdivision.
Section 23-11 of the City Code provides for an application form
for approval of plat. TRECO, Inc. , has submitted such an application.
The City Manager and the City Engineer have reviewed the proposed
plat and have determined that the plat is consistent with the
PUD application.
Gulliford x
MOTION: That the Mayor be authorized to execute the plat subject Johansen x x
to either the completion of the project or upon submittal Van Ness x x
of appropriate plat bond secured by letter of credit. Persons x
G. Item #7 - Recodification of the Code of the City of Atlantic
Beach
The City Manager reported that it has been a number of years
since the City's code has been recodified. Additionally, it
has been at least three years since the code has been updated
to include new ordinances.
The City Manager investigated several companies and decided
upon the Municipal Code Corporation, which is a law publisher
specializing in ordinance codification. The firm has codified
nearly all ordinances for municipal and county governments in the
State of Florida including Jacksnville, Jacksonville Beach,
and Neptune Beach. They have submitted a proposal to recodify
the City's code for the amount of $7,500.
A proposed agreement with the Municipal Code Corp. has been
reviewed by the City Attorney, and he concurs there is a significan:
need to recodify the City's code; and that the agreement appears Gulliford x
to be acceptable. Johansen x x
Van Ness x x
Motion: That the City Manager be authorized to execute the Persons
the agreement with Municipal Code Corporation.
MINUTES V V
PAGE 7 Name s o f
JULY 26, 1982 Commrs. M S Y N
City Manager's Report Item #7 - Continued
The Commission unanimously agreed that the update and revision
is long past due.
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Action on Ordinances
A. Ordinance No. 90-82-74 - Amending Chapter 28 of the Ordinance
Code of the City of Atlantic Beach, the Same Being the Zoning
Ordinance- Fourth and Final Reading and Public Hearing Continued
From Commission Meeting on July 12, 1982.
Mayor Persons stated he was going to take the Chair's prerogative
and take an order of business out of the listed order on the
agenda - that being the action on the Zoning Ordinance. The
Mayor stated he was doing so to accommodate the large number of
residents that were attending the meeting basically for the
rezoning.
The Mayor then declared the public hearing reopened.
The Chair recognized Mr. George Bull, 1810 Sevilla Blvd.
Mr. Bull presented the Commission with a copy of his attorney's
opinion relative to the adoption of the code. Mr. Bull expressed
his concern over the changes in the zoning that are effected by
the map; and also, whether or not the method of advertising for
notifing the owners, particularly the ones in Jacksonville, has
been adequate. Mr. Bull stated he had heard from a number of
landowners who did not get the notice from the postings and the
ad in The Beaches Leader. He stated there are a lot of property
owners who are not residents of Atlantic Beach who are unaware
of the changes the new zoning ordinance is going to achieve.
He expressed the opinion that these people who brought land under
the existing conditions at that time should be notified. He
stated that the State Statutes which require notification by
registered mail should be adhered to.
Mr. Bull urged the Commission to defer adopting the new zoning
code, particularly if they agreed with Mr. Skeels letter stating
the ordinance and code must be read in full. Mr. Bull stated
there would be a challenge if the Commission did not read it
in full.
Mayor Persons asked the City Attorney if he has had a chance to
read Mr. Skeels comments and whether the code has to be read
verbatim or if the Commission can do it the way they had proposed
to do it. He also asked if the City had to send certified letters
to every landowner who owns property in the City.
MINUTES
PAGE 8 V V
JULY 26, 1982 Names of
Commr s. MS YN
Action on Ordinance No. 90-82-74 - Continued
Mr. Jensen acknowledged that he had received a copy of Mr. Skeels
letter. Mr. Jensen asserted that the procedure for adopting
ordinances, especially when it involves more than 5 percent
of the total land area, would be governed by State Statute 166.041.
That State Statute provides that the ordinance may be read in full
or may be read by title only. So, as far as the statutory require-
ments on the zoning ordinance, which effects more than 5 percent
of the total land area of the City of Atlantic Beach, we have
exceeded the minimum requirements of the statute because we've
read more than by title only. The language is permissive, it
says it may be read in full - it's not necessary that it be
read in full under that statute.
Mr. Jensen stated the ordinance has been available at City Hall
for some time and has been made available to the public. There
have been hearings, this is the fourth time it has come up for
Public Hearing. It has also had hearings at the Advisory Planning
Board Meetings. It is incorporated by reference into the
ordinance that is proposed. This is done all the time when the
ordinances are to lenghty and would be a real burden to read
in full.
The following residents were present to voice their opinion
on the zoning changes, and are listed as follows:
Bert Roundtree - 640 Dutton Dr.
Opposed to property presently zoned for mobile homes changing to
single family only. Would like to see a provision for an exception
in the ordinance.
Norma Roundtree - 640 Dutton Dr.
Would like zoning in her area to include mobile homes.
John Leslie - 1400 Mayport Rd.
Stated he was not aware until this week of changes in code,
and that from reading the ordinance it was unclear to him
what is being changed in the code.
Steven Fouraker - 6th St.
Requested the Mayor to read Mr. Skeels letter to the public.
(Letter is attached)
As no one spoke further for or against, the Mayor delcared
the Public Hearing closed.
The City Manager read the following suggested modifications
Corrected 8/23/82 to reflect "Yes" and "No" of the "Voted" Column
.
MINUTES V V
PAGE 9 Names of
JULY 26, 1982 Commrs. M S Y N
- -- - ---->®-®-
Action on Ordinance No. 90-82-74 Continued
to the zoning text and map:
1. Change map to show OR for cemetery. Change text to reflect
same. Cemetery plot plan/map attached to zoning map. (North
of Levy Rd. )
2. Government buildings and facilities have been shown as a
permitted use in all districts. Government use defined. Pg.2-1=.
3. Add: Page 43 (a) Accessory Buildings, rear or side.
4. Deleted part of paragraph on Pg. 2-24. Yard, Front. "On
corner lots, the front yard shall be considered as parallel
to the street upon which the lot has its least dimension."
5. New District. RG-1A 75' frontage (if desired). Same as
RG-1 except the lot or site area: 7500 square feet, 75 lot
width & 100 lot depth.
6. Pg. 3-42 (d) Delete: "subject to the following limitations:"
and (1) & (2) . Private garages and carports.
7. Page 3-50, 11. Add "No more than one (1) commercial vehicle
of less than 18,500 GVU shall be permitted;"
Gulliford x
Motion: To accept modifications and changes with the exception Johansen x
of number five. Van Ness x x
Persons x
The Commission then discussed the rezoning on change number five
and the following motion was made:
Motion: Gulliford x x
Rezone the area east of Camellia St. for construction of duplexes Johansen X
or townhouses while the area west of Camellia to the marshes Van Ness x
designated for single family units only. Persons x x
The motion passed with 3 ayes and 1 no - with Commissioner Johansen
dissenting.
Commissioner Johansen opposed the zoning of the property
north of Camellia and east of Main St. where it changes from
RD to RG-1. He then moved the following:
Motion: To rezone the property north of Camellia and Johansen x
east of Main St. for mobile homes.
The Motion died for lack of a second.
Motion: Said Ordinance No. 90-82-74 - Amending Chapter 28 of Gulliford x x
the Ordinance Code of the City of Atlantic Beach, the Johansen x
Same Being the Zoning Ordinance be passed as amended. Persons x
The mut-ion passed with 3 ayes and 1 no - with Commissioner Van Ness x x
Johansen dissenting.
Corrected 8/23/82 to reflect "Yes" and "No" of the "Voted" Column
MINUTES
PAGE 10 V V
JULY 26, 1982 Names of
Commr s. M S Y N
Action on Resolutions
Resolution No. 82-14 - Commending Adelaide R. Tucker
Mayor Persons read and presented to Adelaide Tucker a plaque of
Resolution No. 82-14 commending Mrs. Tucker for her years of
faithful service. Mayor Persons stated the only regrets the
Commission has in passing the Resolution is that the Commission
cannot say thank herin stronger language.
Motion: Passage of said Resolution. Copy of Resolution No. 82-14 Gulliford x x
is attached hereto and made a part hereof. Johansen x
Van Ness x x
Commissioner Gulliford's motion, seconded by Commissioner Van Ness, Persons x
carried unanimously. Mrs. Tucker expressed her appreciation to
the Commission for the plaque, and added that she wanted to thank
the Commission and the citizens for giving her the privilege of
serving as City Clerk. She stated it had been a lot of laughs
and a few tears, but she has enjoyed every minute of it.
***************************************************************
Unfinished Business
A. Public Hearing - PUD Application - Mr. George Bull - Selva
Marina Garden Two
The Mayor declared the meeting open for a Public Hearing.
The Chair recognized Steven Fouraker who stated he would like
to see the developer of Selva offer some of the wooded land
to the City for preservation.
There being no further comments from the public, the Mayor
declared the Public Hearing closed.
Commissioner Johansen moved the following:
Motion: Approve the PUD as presented. ,'ohansen x
Commissioner Gulliford amended that motion with the following:
Amended Motion: Approve the PUD with a six foot easement on Gulliford x
Seminole Rd. for future use by the City to
construct a pathway.
The motion as amended died for lack of a second.
Commission Johansen presented the following motion:
Motion: Accept PUD on the passed experience the City has had Johansen x
with the fine development in the area without deviating
by asking for an easement that might not be needed.
The motion died for lack of a second.
Corrected 8/23/82 to reflect "Yes" and "No" of the "Voted" Column
MINUTES
PAGE 11 V V
JULY 26, 1982 Names of
Commr s. M S Y N
Unfinished Business - Continued
Commissioner Van Ness objected to the PUD and pointed out that
the Commission never approved the type housing that was built
in Selva Marina Gardens.
Commissioner Van Ness also opposed the concept of building were
you end-up with homes that cover the entire lot. She stated
when built too close together it presents a fire hazard to the
center units, and is no different than a row housacommunity.
The Mayor asked the City Manager if he felt there would be any
difficulty in getting fire equipment to the center units.
The City Manager stated he felt that the units are accessible
by the equipment.
Mr. Bull asserted that what .was or wasn't approved in Selva
Marina Gardens is past history, and that he has requested
approval for this particular concept in Selva Marina Gardens II.
He also stated he would revise that part of the restriction
to state that the buffer zone can be used as a public pathway.
Motion: Accept the PUD with the modification that a six foot Gulliford x x
easement be provided for possible future construction Johansen x
of a sidewalk. Van Ness x
The Motion passed with a 3-1 vote, with Commissioner Van Ness Persons x x
dissenting.
*******************************************************************
Action on Ordinances - Continued
B. Ordinance No. 25-82-15+- Adopting the Standard Mechanical Code -
Third and Final Reading - Public Hearing
Said Ordinance was presented in full, in writing, and read on
third and final reading by the Mayor. Said Ordinance was posted
in line with charter requirements. After the reading, the Mayor
declared 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. 25-82-15Adopting the Stardard Mechanical Johansen x
Code be passed on third and final reading as written. Van Ness x x
Persons x
Corrected 8/23/82 to reflect "Yes" and "No" of the "Voted" Column
, •.
MINUTES V V
PAGE 12 Names o f
JULY 26, 1982 Commrs. M S Y N
V
C. Ordinance No. 34-82-4 - Amending Chapter 7 of the Code of
Ordinances of the City of Atlantic Beach, Fla. , the Same Being
the Chapter Regulating Electricity - Third and Final Reading-
Public Hearing
Said Ordinance was presented in full, in writing, and read on
third and final reading by the Mayor. Said Ordinance was posted
in line with charter requirements. After the reading, the Mayor
declared the meeting open for a Public Hearing. As no one spoke
for or against, the Mayor declared the Public Hearing closed.
Gulliford x x
Motion: Said Ordinance No. 34-82-1 be passed on third and final Johansen x x
reading as written. Van Ness x
Persons x
D. Ordinance No. 36-82-1 - Amending Chapter 17 of the Code of
Ordinances of the City of Atlantic Beach, the Same being an
Ordinance Regulating Plumbing - Third and Final Reading -
Public Hearing
Said Ordinance was presented in full, in writing, and read on
third and final reading by the Mayor. Said Ordinance was posted
in line with charter requirements. After the reading, the Mayor
declared 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. 36-82-1 be passed on third and final Johansen x x
reading as written. Van Ness x
Persons x
E. Ordinance No. 90-82-73 - An Ordinance Amending Section 3-3 of
the Ordinance Code of the City of Atlantic Beach, the Same
Being the Ordinance Regulating Alcoholic Beverages and Locations
Where Sales are Permitted.
Motion: Adopt the amendment to the ordinance as an emergency. Gulliford x
Commissioner Johansen moved to add the following amendment to
Commissioner Gulliford's motion:
Amended Motion: Adopt the amendment to the ordinance as an Gulliford x
emergency and change it to read 150 seats to Johansen x x
comply with state ordinances. Van Ness x x
Persons x
Said Ordinance was presented in full, in writing, and read on
first reading, by title only, by Mayor Persons.
Motion: Said Ordinance No. 90-82-73 be passed as amended as an Gulliford x x
emergency on first reading. Johansen x
Van Ness x x
Persons x
Said Ordinance was presented in full, in writing, and read on
second reading, by title only, by Mayor Persons. Gulliford x x
ohansen x
Motion: Said Ordinance No. 90-82-73 be passed as amended as an Van Ness x x
porCnnc
emergency on second reading. x
Corrected 8/23/82 of reflect "Yes" and "No" of the "Voted" Column
.. 11
MINUTES V V
PAGE 13 Names of
JULY 26, 1982 Commrs. M S Y N
Action on Ordinance No. 90-82-73 - Continued
Said Ordinance was presented in full, in writing, and read on
third and final reading on an emergency basis by the Mayor.
After the reading, the Mayor declared 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. 90-82-73 be passed as amended as an Johansen x
emergency on third and final reading. Van Ness x x
****************************************************************** Persons x
New Business
Appointment of City Commissioner
Mayor persons reported to the Commission that they had received
an application from Claire McCreary and a letter from John Morris
applying for the unexpired term of former Commissioner Alan Jensen,
Seat 3.
Commissioner Gulliford stated the Charter is very vague about
a method by which we select a Commissioner. It does state 15
days which says we have to do something tonight. It doesn't
say anything about how the Commission is to do it other than
it is to be appointed by a vote of not less than three Commissioners.
We didn't really set any guidelines, but the Commission has given
it a great deal of thought and there are certainly a number of
good people to consider out there. Because we're circumventing
normal process, which is election and decision by the populace,
maybe our responsibility isa little better defined in that it's
my idea that we need to seek someone who will basically a clear
thinker and respond appropriately to the problems and situations
in Atlantic Beach, and for that reason I would propose a gentlemen
that has been mentioned who has lived in several locations in
Atlantic Beach. He was a very active member of the Beaches
Study Committee. He is the Vice President of a large paper concern
in Jacksonville. He has indicated by letter his willingness to
serve. I did invite him to join us this evening. Gulliford x x
Johansen x x
Motion: To propose Mr. John Morris to fill the unexpired term Van Ness x x
of Commissioner Jensen's seat.
Persons x
Commissioner Johansen stated he would like to present a substitute
motion. He stated, we have a lady in Atlantic Beach who also has
shown a very big interest in the civic affairs of the community.
She has run for office. I really want you all to bear with me and
forget elections from past history as far as election is concerned.
She has asked to be appointed to this seat, and I think if you
look back on the history of Atlantic Beach - and I've lived here
for 30 years. For the first 10 of those, there was never any -
body on the City Commission before that, that lived west of Ocean
Blvd. or much north. Until Selva Marina was developed,
there has not been anybody that has lived west of Ocean Blvd.
MINUTES
PAGE 14 V V
JULY 26, 1982 Names of
Commrs. M S Y N
•
New Business - Continued
or not in Selva Marina. I think we have a great populace living
in Saltair, Royal Palms, and Mayport Rd. , and I think we owe it
to them if we have an interested citizen from that area, and one
that has certainly shown an interest in our civic, our baseball,
our children, and everything else. Forget again, that maybe there
was an election dispute. That may turnout to be an advantage in
the end because it'll be a different seat. We owe it to them
to consider someone from that area.
Substitute Motion: Move Claire McCreary for Seat 3. Johansen x
Substitute motion failed for lack of a second.
Mayor Persons informed the Commission that he had checked into
the background of Mr. Morris, and discussed his qualifications
and suitability for the task with a number of community leaders
and people that are active in the community . The Mayor reported
that he has received nothing but positive input and unqualified
statements that he would do an excellent job, and give it more
than the minimal time that it would require. He would take it
from a viewpoint participant instead of just a participant.
The Mayor expressed that those are his feelings on the matter.
Commissioner Johansen wished to inform Mr. Morris that he did
not suggest another person because he had any personal reasons
againest Mr. Morris, but that he had a very deep feeling for
the great number of people that live in the area other than
Selva Marina and Ocean Blvd. . He expressed he would vote yes
on the motion for Mr. Morris.
Mayor Persons wanted to point out that he was not saying no to
Clair, because he has no feelings that she wouldn't do the job .
However, from checking with the community, I think I'm voicing
the desires of the community.
Commissioner Gulliford wished to close the comments by stating that
his support for Mr. Morris was not an anti-vote towards anybody.
It was a sincere belief a good job with respect to the consideration
of regions in the community. I don't think that it is on our
list of priorities as far as considerations. I think a regional
consideration should be determined by the individual in any
given areas commitment to run for office and then by the voters,
and I really think that it's not necessarily a foremost consideration
for us in appointing someone. That is simply why I proposed
Mr. Morris,and did not consider that to be a major factor.
„ CQ;rwted 8/23/82 to reflect "Yes” and "No" of the "Voted" Column
MINUTES t
PAGE 15 V V
JULY 26, 1982 Names of
Commrs. M S Y N
_......... ___..41., a i..
New Business - Continued
The Chair recognized Mr. Morris who expressed his appreciation for
the vote of confidence by the Commission. He also stated he
considered it a vote of confidence that there wasn't much said
from the gallery.
Mr. Morris went on to say he considers every square inch of
Atlantic Beach to be his responsibility to look after - not
any particular region or area. Mr. Morris pladged to the
Commission and the audiance that he would do his best to continue
Atlantic Beach as a good place to live.
Mr. Morris was then given the oath of office by the City Clerk.
*****************************************************************
Miscellaneous Business
A. Notice of Proposed Use Hearing to be Held August 2, 1982 -
Federal Revenue Sharing Funds.
The State and Local Fiscal Assistance Act of 1972, as amended,
requires that a public hearing be held by the governmental official
having responsibility for development of the budget to receive
citizen comments regarding possible uses of the City's Revenue
Sharing Funds.
The City Manager reported that he will conduct a Proposed Use
Hearing in the City Commission Chambers, at 7:00 p.m. ,
on August 2, 1982. He stated the public will be given the
opportunity to make oral and written suggestions regarding possible
uses of revenue sharing funds.
**********************************************•*******************
Commissioner Van Ness expressed concern over the fact that the
Advisory Planning Board members were scheduled to pass away
when the Zoning Ordinance was passed. She stated that the
Commission needed to take action on it to enable the Advisory
Planning Board to have a meeting next week.
Gulliford x x
Motion: Board extend Mr. Andresen's term for 30 days from the Johansen x x
date the Zoning Ordinance is passed. Van Ness x
******************************************************************* Persons x
There being no further business, the Ma or .ec a -d th• meeting
adjourned.
Seal) '
ITE' Robert B. P- -.ons, Jr.
,� Mayor - Commissioner
'at Whit ey
City Clerk