08-23-04 v
MINUTES
REGULAR CITY COMMISSION MEETING
AUGUST 23, 2004
CITY HALL, 800 SEMINOLE ROAD
Attendance
Call to Order/Pledge
Approval of Minutes
1N ATTENDANCE:
Mayor John Meserve
Mayor Pro Tem Richard Beaver
Commissioner Sylvia N. Simmons
Commissioner J. Dezmond Waters III
City Manager Jim Hanson
City Clerk Maureen King
City Attorney Alan C. Jensen
ABSENT:
Commissioner Paul B. Parsons
Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation
given by the Mayor, was followed by the Pledge of Allegiance to the Flag.
1. Approval of the Minutes of the Regular Meeting of
August 9, 2004
Courtesy of the Floor
Motion: Approve Minutes of the Regular Meeting of August 9, 2004 as
presented.
Moved by Waters, seconded by Simmons
Votes:
Aye: 4 -Beaver, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
2. Courtesy of the Floor to Visitors
Former Commissioner Mike Borno of 223 Oceanforest Drive North
inquired if the property owners at Island Condominiums (Item 3A) had
contacted the Cloisters Condominium concerning leasing parking spaces
from them. He also inquired if the Johnston Island rezoning was covered
under Ordinance 31-04-04. The Mayor responded that Johnston Island was
not covered under that ordinance.
Sandy Forsyth of 2345 Seminole Reach Court opposed the leasing of
parking spaces to the residents of Island Club Condominiums (Item 3A).
He believed the leasing of the spaces at the proposed rate of $300 per year
could result in legal issues with other residents of the city who might want
to lease spaces at the same rate. Mr. Forsyth stated he had written the
Mayor and offered to lease the ten spaces at double the proposed rate. Mr.
August 23, 2004 REGULAR COMMISSION MEETING Page 2
Forsyth stated that he needed more information concerning Item 8A before
commenting and inquired concerning the status of the Skate Park.
Jim Shepherd of 22520ceanwalk Drive West urged the Commission to
take no action on Item 8A until the development plan for the property was
known and could be reviewed by the public.
Mayor Meserve commented that no plans had been presented to the city.
He indicated that the developer had not "threatened" the city, and at the last
meeting it was only mentioned how the property could be developed under
the City of Jacksonville zoning regulations.
Gretchen Hoss of 2361 Oceanwalk Drive West requested that public
hearings be scheduled relative to Item 8A.
Steve Litton of 1913 Selva Marina Drive opposed annexation of the
property (Item 8A) due to increased traffic. He also expressed concern for
what effect development of the property would have on the wetlands and
drainage in his area since the property drains into the wetlands on the west
side of Selva Marina Drive. He believed the Mayport area needed the
economic opportunity afforded by the proposed development more than the
City of Atlantic Beach.
Mary Lee Heaton of 1601 Selva Marina Drive also opposed the
annexation of the property due to increased traffic. She indicated that her
area was a neighborhood community with pedestrians, bicyclists and
skateboarders regularly using the street. She believed development would
bring truck traffic and dirt to her neighborhood.
Peter Sapia of 1655 Selva Marina Drive stated he needed the facts and
figures relative to the proposed development before deciding if he was for
or against the project. He believed the Commission's decision should be
based on facts not on the wishes of a minority who attend the meetings. He
urged the Commissioners to consider all of the facts before making any
decision.
Michael Sheklin of 1985 Brista De Mar Circle stated that his experience
with the developer of the proposed project, (Item 8A) was unfavorable, and
he was opposed to the development.
Sharon Scholl of 2049 Selva Marina Drive read an excerpt from
Ordinance No. 65-88-18 which closed a portion of Old Sherry Drive, and
inquired if the closed street was given to the adjacent property owners.
Ms. Scholl also provided copies of a USGS map showing the southeast
portion of the property to be wetlands and also provided photographs of the
August 23, 2004 REGULAR COMMISSION MEETING Page 3
'"" property. She believed the city should not make any decisions regarding the
property until the St. Johns River Water Management District (SJRWMD)
made their determination concerning the wetlands.
Vivian Timmerman of 1830 Sevilla Boulevard, representing the Sevilla
Condominium owners' association, stated they were opposed to the
development.
Doug Speed of 1207 Seminole Road stated he was opposed to the
extension of the road and development because of the increased traffic and
the potential to create acut-through to Mayport Road. He recounted that
when Fleet Landing was proposed, he was against that project and thought
that the rear entrance from Fleet Landing, which is located on Selva Marina
Drive, was supposed to be used only as an emergency exit. He indicated
that the residents now use the exit on a regular basis and it was often used
for deliveries. Mr. Speed believed the Commissioners should not even
consider the project.
Harold Brodeur of 1965 Sevilla Boulevard West stated he would like to
have more details on the proposed development, such as the number of
houses, etc. He also expressed concern regarding increased traffic.
A~'"` Jodi Theophelis of 457 Snapping Turtle West stated that her property
abutted the proposed development and given the choice she would prefer an
upscale residential development.
Thomas Grant of 1909 Selva Marina Drive stated that he bought his
property in a quiet residential neighborhood to raise a family and he would
like it to stay that way. Mr. Grant indicated that people already speed on
Selva Marina Drive and the development would bring increased traffic to
the area.
Mayor Meserve explained the annexation process and stated that at the
present, there was no access from the property into Atlantic Beach. He
further stated that the property could not be landlocked and the developer
would have to get access to the property from either Mayport Road or the
City of Atlantic Beach. The Mayor further stated that it was his
understanding that ten of the twenty-seven acres were buildable and the
property was zoned at twenty units per acre, which could be applied against
the entire parcel. He indicated that if the developer wanted to make a
presentation to the Commission, a public hearing would be held at that time
to answer questions. He indicated that the Commission had to consider
what would be best for the entire city and he assured those present that the
meeting would be well noticed and held at another location, if needed.
~,""`.
August 23, 2004 REGULAR COMMISSION MEETING Page 4
Mayor Meserve called atwo-minute recess and reconvened the meeting at
8:00 p.m.
Special Recognition
Mayor Meserve read a Resolution from the Florida Association of City
Clerks (FACC) honoring Maureen King for her years of service as City
Clerk.
Resolution No. 04-08
A RESOLUTION OF THE CITY COMMISSION OF ATLANTIC
BEACH, FLORIDA, HONORING MAUREEN KING FOR HER
YEARS OF SERVICE AS THE EXECUTIVE SECRETARY AND
ADMINISTRATIVE ASSISTANT TO THE CITY MANAGER AND
AS THE CITY CLERK FOR THE CITY AND CITIZENS OF
ATLANTIC BEACH
Motion: Adopt Resolution No. 04-08.
Mayor Meserve read the resolution and commended City Clerk King for the
responsible, professional and courteous manner she always conducted the
business of her office. The Mayor presented Mrs. King the framed
resolution and an engraved clock in appreciation for her work.
Mrs. King expressed gratitude for the honors and stated it was a privilege to
serve as City Clerk. She urged the Commissioners to select a replacement
for her position who would consider the position of City Clerk not just a
job, but also a career.
Moved by Beaver, seconded by Simmons
Votes:
Aye: 4 -Beaver, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting
A. Action on Resolution No. 04-07 approving the lease of parking
space agreement for owners of Island Club Condominiums
Commissioner Waters suggested that action on this item be postponed to the
next meeting since Commissioner Parsons was absent and Mr. Curry of the
Island Club Condominiums homeowners association was unable to attend
the meeting.
August 23 2004 REGULAR COMMISSION MEETING Page 5
Motion: Defer action on Resolution No. 04-07 until the September 13,
2004 Regular Commission Meeting.
Moved by Waters, seconded by Simmons
Votes:
Aye: 4 -Beaver, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
B. City Manager's Follow-up Report
City Manager Hanson summarized his written report. A copy of the report
is attached and made part of this official record as Attachment A.
In response to Mr. Speed's comments, Mayor Meserve stated that when
Fleet Landing was being developed, it was stated that Fleet Landing would
not be a cut through for traffic between Mayport Road and the Selva Marina
area. He indicated that it had always been intended that residents, as well as
police and fire vehicles would use the Selva Marina Drive entrance.
Consent Agenda 4. Consent Agenda
Commissioners Beaver and Waters requested that Agenda Items 4A and 4E
respectively, be removed from the Consent Agenda for discussion.
B. Award a contract to Walding Co. in the amount of $107,723.00
for drainage improvements at George and Dudly Streets (CDBG
project -Bid No. 0304-10) (City Manager)
C. Extend the contract with Brooks and Limbaugh Electric Co.,
Inc. for Electrical Troubleshooting and Repair for one
additional year at the current contract prices (Bid No. 0203-21)
(City Manager)
D. Extend the contract with Equitas Sewer Services, Inc. for Sewer
Cleaning and televising for one additional year at the current
contract prices (Bid No. 0203-14)(City Manager)
F. Award the contract to Control Design, Inc. for Lift Station
SCADA in the amount of $90,810.50 (City Manager)
Motion: Approve Consent Agenda Items B, C, D and F as presented.
Moved by Waters, seconded by Simmons
Votes:
Aye: 4 -Beaver, Simmons, Waters, Meserve
Nay: 0
.., MOTION CARRIED
August 23, 2004 REGULAR COMMISSION MEETING Page 6
A. Acknowledge receipt of the Monthly Financial Report and
Building Activity Report for the month of July (City Manager)
Commissioner Beaver complimented Finance Director VanLiere and staff
for the well-written, monthly financial report. He believed the report would
very useful for keeping the Commissioners and citizens informed on the
financial status of the city.
Motion: Approve Consent Agenda Item A as presented.
Moved by Beaver, seconded by Waters
Votes:
Aye: 4 -Beaver, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
E. Reject the sole bid received for Headworks Improvements at
Wastewater Plan #2 (Bid No. 0304-9)
Commissioner Waters inquired if staff thought that rebidding the project
would result in a lower price.
Utility Director Kaluzniak explained the project and indicated that two
contractors had prequalified, but only one had bid on the project. She
indicated that the cost would not be known until the project was rebid. City
Manager Hanson stated that the current bid price was too much for this type
of project.
Motion: Approve Consent Agenda Item E as recommended.
Moved by Waters, seconded by Simmons
Votes:
Aye: 4 -Beaver, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
None.
Resolutions 6. Action on Resolutions
A. Resolution No. 04-09
A RESOLUTION OF THE CITY OF ATLANTIC BEACH
AUTHORIZING THE MAYOR TO EXECUTE A MAINTENANCE
,,~ CONTRACT BETWEEN THE CITY OF ATLANTIC BEACH AND
August 23 2004 REGULAR COMMISSION MEETING Page 7
THE FLORIDA DEPARTMENT OF TRANSPORTATION, AND
PROVIDING AN EFFECTIVE DATE
Motion: Approve Resolution No. 04-09.
Commissioner Simmons inquired if the Florida Department of
Transportation (FDOT) was responsible for maintenance of the grassy strip
between the sidewalk and curb on Atlantic Boulevard. She indicated that
the grass in that area had been replaced but looked dead.
Public Works Director Carper stated that the FDOT was responsible and he
had been informed that the grass would come back. He indicated that the
FDOT would replace any sod that died.
Moved by Beaver, seconded by Simmons
Votes:
Aye: 4 -Beaver, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 31-04-04 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
AMENDING THE 1990 COMPREHENSIVE PLAN AND THE 2005
FUTURE LAND USE MAP, AS ADOPTED BY ORDINANCE 95-90-
48, AS AMENDED, SAID ORDINANCE ADOPTING EVALUATION
AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE
GOALS, OBJECTIVES AND POLICIES (GOPS) OF THE
COMPREHENSIVE PLAN; ESTABLISHING THE 2005 - 2015
FUTURE LAND USE MAP; PROVIDING FOR INTENT;
AUTHORITY; FINDINGS OF FACT; FINDINGS OF
CONSISTENCY; SEVERABILITY AND AN EFFECTIVE DATE.
(Second reading and Adoption Public Hearing scheduled for September
13, 2004)
Mayor Meserve read the ordinance by title only and stated that the final
reading and public hearing for the ordinance would be September 13, 2004.
Commissioner Waters inquired concerning the map and Community
Development Director Doerr stated that the map previously given to the
Commissioners could be used and they would receive a final map at the next
meeting.
Mayor Meserve inquired concerning a small sliver-like parcel designated
•., Conservation lands near Fleet Landing. Community Development Director
Doerr indicated that it would be changed to medium density residential.
August 23 2004 REGULAR COMMISSION MEETING Page 8
Motion: Approve Ordinance No. 31-04-04 on first reading.
Moved by Waters, seconded by Simmons
Votes:
Aye: 4 -Beaver, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
B. Ordinance No. 65-04-33 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE
NUMBER 65-03-32, CHAPTER 19, STREETS, SIDEWALKS AND
OTHER PUBLIC PLACES AS SET FORTH WITHIN THE CODE OF
ORDINANCES SPECIFICALLY SECTION 19-1, INTERSECTIONS:
SIGHT DISTANCE REQUIREMENTS AND SAFETY ZONES,
PROVIDING FOR RECORDATION AND PROVIDING AN
EFFECTIVE DATE
Mayor Meserve read the ordinance by title only and stated that the final
reading and public hearing for the ordinance would be September 13, 2004.
Commissioner Beaver commented that currently there were numerous
properties that did not comply with the intersection sight distance
requirements of the ordinance and he inquired as to how it would be
monitored.
Community Development Director Doerr indicated that the requirements
would be monitored through the site plan review and permitting processes.
Motion: Approve Ordinance No. 65-04-33 on first reading.
Moved by Simmons, seconded by Waters
Votes:
Aye: 4 -Beaver, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
C. Ordinance No. 75-04-16 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 21,
TRAFFIC AND MOTOR VEHICLES, AS SET FORTH WITHIN THE
CODE OF ORDINANCES, AND ADOPTING ORDINANCE 75-04-16
PROVIDING FOR RECORDATION AND PROVIDING AN
EFFECTIVE DATE
August 23 2004 REGULAR COMMISSION MEETING Page 9
"` Mayor Meserve read the ordinance by title only and stated that the final
reading and public hearing for the ordinance would be September 13, 2004.
Motion: Approve Ordinance No. 75-04-16 on first reading.
Commissioner Waters inquired concerning prohibiting overnight parking of
vehicles in public parks. City Manager Hanson responded that it was
covered in current ordinances.
Moved by Simmons, seconded by Waters
Votes:
Aye: 4 -Beaver, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
8. Miscellaneous Business
A. Discussion and possible action related to proposed development
site within the City of Jacksonville, which is contiguous to the
City of Atlantic Beach (north of the Fleet Landing PUD and
west of the Ocean Walk PUD)
This item was taken out of sequence and discussed earlier in the meeting.
No action was taken.
Commissioner Beaver suggested staff investigate land locked property,
drainage and wetlands, and what the City of Jacksonville zoning would
allow to be built on the property.
B. Authorize the City Manager to serve as interim City Clerk until
a new City Clerk is appointed
Motion: Authorize the City Manager to serve as interim City Clerk
until a new City Clerk is appointed.
Mayor Meserve briefly explained the request and indicated the City
Commission would take an active roll in the selection of the new City
Clerk.
Moved by Beaver, seconded by Waters
Votes:
Aye: 4 -Beaver, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
~s-... 9. City Manager
August 23 2004 REGULAR COMMISSION MEETING Pace 10
A. City Manager's Report
City Manager Hanson commented on each item of his written report. A
copy of the report is attached and made part of this official record as
Attachment B.
City Manager Hanson also reported that the palm tree located in front of
Al's Pizza, which was damaged during a recent storm, would be replaced as
soon as one could be obtained.
Hurricane Charley
Chief Thompson reported that he had accompanied five Atlantic Beach
police officers on a trip to Wachula in Hardee County in response to the
mutual aid request from counties in southwest Florida hard hit by the
hurricane. Chief Thompson displayed photographs of the devastation and
commented on the hardships facing the residents.
Mayor Meserve inquired if there was a central clearinghouse to find out
what items were needed. Chief Thompson believed the American Red
Cross was the best agency to contact for distribution of needed items. He
also suggested contacting the Emergency Operation Center for more
information.
City Manager Hanson also commented on the following:
• Johnston Island development should be back on the agenda for the
September 13th meeting.
• The city will soon be able to accept credit card payments for utility
payments.
• Reminded the Commissioners that the reception honoring the city's
volunteers would be held at 6:30 p.m. on Thursday, August 26th at the
Sea Turtle Inn.
Reports/Requests 10. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
City Attorney
City Attorney Jensen stated that he had worked with City Clerk King for
more than sixteen years and would greatly miss her presence in the office.
He extended his best wishes for a happy retirement.
Aueust 23 2004 REGULAR COMMISSION MEETING Page 11
City Clerk King
City Clerk King read, with humor, a list of the top ten things she would
miss from her days serving as City Clerk.
Commissioner Beaver
• Reported on the damage he witnessed in Central and South Florida
caused by Hurricane Charley and reminded everyone to take evacuation
orders seriously.
• Commended Maureen King for her work as City Clerk.
Commissioner Simmons
• Commented that the palm tree that fell down in front of Al's Pizza was
hit by a car earlier in the year and inquired if the accident contributed to
its demise.
• Stated that she had worked with City Clerk King as a Community
Activist, a Candidate and as a Commissioner, and thanked her for all of
~ her wisdom, expertise and assistance with the paperwork when she was
a candidate.
Mayor Meserve
• Inquired on grading the city's emergency preparedness efforts during
Hurricane Charley and requested Chief Thompson's comments. Chief
Thompson replied that good decisions were made, but the city also got
lucky in that the storm shifted to the southeast. He indicated that
Department Heads would be meeting during the week to discuss what
worked and what could have been done better.
Chief Thompson indicated that he had contacted the local EOC and
encouraged them to go South Florida to find out what worked as far as
coordination. He indicated that his personal time spent in Wachula
provided a learning experience for what worked and did not work.
Mayor Meserve inquired if recovery operations could be planned. Chief
Thompson responded that there was a plan, but the city must remain
flexible and be able to adjust and adapt as the recovery progresses.
Commissioner Beaver commented that tree clearing and reinstalling
power lines were priorities and these efforts were coordinated through
the local EOC.
August 23, 2004 REGULAR COMMISSION MEETING Page 12
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 9:15 p.m. ~~
ayor/Presiding Officer
ATTEST:
Jilt` Hanson
,interim Municipal Clerk
ATTACHMENT A
AUGUST 23, 2004 COMMISSION MEETING
August 16, 2004
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: J' Hanson
City Manage
SUBJECT: Follow-up eport
Sign at Amoco/BP Station; corner of Plaza and Maynort Road; On October 13, 2003, the
City Commission denied a request for a waiver from the city sign regulations to allow for a face
replacement on the Amoco sign and the addition of a new logo cabinet sign at the gas station at
the corner of Mayport Road and Plaza Drive. The gas station owners placed a banner over the
. top of the freestanding Amoco sign which does not comply with City rules. The city has received
several complaints on the sign in recent months. The owners of the gas station, Giant
Jacksonville LLC, has now been notified that, if the sign is not brought into compliance with the
city code within 30 days, they will be brought before the Code Enforcement Board which could
levy fines up to $500 per day.
Tree Trimming for Electrical Clearance on Sherry Drive; Complaints were received at the
last commission meeting about the tree trimming that had recently been done by JEA's
subcontractor while working along Sherry Drive. The complaints included excessive trimming
that may not have been needed, improper trimming that may have damaged the trees
unnecessarily and improper removal of the waste. A letter was sent to the JEA forester in charge
of the operation. A copy of that letter has already been forwarded to the City Commission.
ATTACFIMENT B
AUGUST 23, 2004 COMMISSION MEETING
August 16, 2004
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Hans
City Manager
SUBJECT: City Mana er's Report
Hurricane Charley; Atlantic Beach was extremely fortunate that the winds, rain and tides that
resulted from Hurricane Charley in the southern and central parts of the state did not hit our city
as hard. Only minimal damages were reported and no injuries were found. One of the date
palms in Town Center was broken by the winds and quickly removed by city crews. There were
several other small trees down on private property across the city. The only building damage
found was on Sylvan Street where a tree had fallen on a shed.
In preparation for the storm, city crews had boarded up the City Hall and Commission
Chambers, removed trashcans and banners from the Town Center area, secured lifeguard chairs
and taken numerous other precautions. Several employees were on duty at the time the hurricane
hit Friday night and Saturday morning and many others were on standby ready to be called in if
needed.
Five Atlantic Beach police officers are planning to respond to the mutual aid request for help
from counties in South Florida but, as of the time of this writing, had not yet been notified of
their assignments. We can expect most of our costs to respond to mutual aid requests to be
reimbursed through FEMA.
Sidewalks and Bike Paths; Several proposed sidewalk and bike path additions were listed as
optional projects in the proposed fiscal year 2005 budget. City Commissioners had several
questions about the location of existing sidewalks and proposed bike paths in Atlantic Beach and
comments were received that a master plan prioritizing the need for new sidewalks should be
prepared prior to making decisions on the list proposed. To answer your questions about existing
and proposed sidewalks and bike paths, attached are three drawings that show these in Atlantic
Beach. These are printed on three separate sheets because, if reduced to fit on one, they would
not be legible.
Budget Workshops; The third budget workshop to consider the proposed fiscal year 2005
Atlantic Beach budget has been scheduled for Monday evening, August 30th at 5:00 pm in the
City Commission Chambers. Alight supper will be provided and the meeting should take two to
three hours. If an additional budget workshop is needed, we should consider having it on the
`' evening of Wednesday, September lit or Thursday, September 2°d
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CITY OF ATLANTIC BEACH
CITY CLERK SELECTION COMMITTEE
AUGUST 12, 2004
The City Clerk Selection Committee was called to order at 2:00 P.M. Those members in attendance
were City Manager Jim Hanson, City Clerk Maureen King and Human Resource Manager George
Foster. Selection Committee member Commissioner Richard Beaver was not present.
The background on filling the City Clerk's position was discussed. It was pointed out that the City
Commission was advised on July 12th that the current City Clerk would be retiring effective August
31, 2004. After review, the City Commission requested that the City advertise for a new City Clerk
and appointed a Selection Committee to prescreen applicants and make recommendations to the City
Commission.
The City Clerk position was advertised from July 15, 2004 through August 11, 2004 at a starting
salary range of $36,317 to $47,798, depending on qualifications. During this period, 79 applications
were received.
The Human Resource Manager George Foster reviewed the 79 applications and placed them into two
categories with 14 applications in one category and 65 applications in a second category. A1179
applications were then provided to City Clerk Maureen King who placed an additional 5 applications
in one category and retained 60 applications in a second category. The 19 applications were then
scored by Human Resource Manager George Foster and City Clerk Maureen King using a point
system with a natural break point resulting after the top 4 applicants and another break point after the
top 8 applicants.
After discussion, the Selection Committee elected to interview the top 4 applicants.
There being no other business, the meeting was adjourned at 3:00 p.m..
Ji
Committee Chairperson
Minutes taken and prepared by George Foster, Human Resource Manager, 247-5890