06-12-89 v MINUTES OF THE MEETING OF THE COMMITTEE OF THE TALE HELD AT CITY HALL,
ATLANTIC BEACH, ON JUNE 12, 1989 FOR THE PURPOSE OF DISCUSSIONS RELATIVE
TO THE SELECTION OF AMEN' CITY IMININGER
The meeting was called to order at 9:40 PM by Mayor Gulliford. Present,
in addition to the Mayor, were Commissioners Cook, Edwards, Jensen and
Tucker. Also present were City Manager Fellows and City Clerk King.
The Mayor confirmed that everyone had received copies of the resumes of
the five finalists and one alternate. He asked the Commissioners to
suggest questions which would be sent to each applicant by express mail.
The City Manager reported that Kim Leinbach from Green Cove Springs, was
also a finalist with the City of St. Augustine in their search for a new
City Manager and it was suggested an interview be scheduled with Mr.
Leinbach as soon as possible.
The question of travel expenses was discussed and it was agreed by the
committee the city should reimburse the applicants for travel expenses.
It was pointed out Mr. Royle in Alaska was planning to visit Florida and
the City Manager was asked to telephone him and see if an interview could
be schedule to coincide with his visit here rather than have the expense
of an additional trip.
In the meantime, the City Manager would follow through with the
questionnaire and the Commission would plan to meet again as interviews
were scheduled.
There being no further discussion, the mayor declared the meeting
adjourned.
LATEST:
i f'1-t_1<2_-i J l L
Maureen King, City Clerk 0
CITY OF ATLANTIC BEACH
410 REGULAR MEETING MONDAY, JUNE 12, 1989
AGENDA
Call to Order
Invocation and Pledge to the Flag
1. Approval of the minutes of the regular meeting of May 22, 1989
2. Recognition of Visitors
3. Consent Agenda:
A. City Commission action to acknowledge the Florida League of
Cities Annual Convention will be held this year in Jacksonville,
Florida in the Prime Osborn Convention Center in October
B. Acknowledge letter from Neil Perry, Sheriff of St. Johns County,
to Chief David Thompson commending the work of David Archer,.
resulting in the arrest of a homicide suspect
C. Acknowledge receipt of an opinion from Claude Mullis relative to
the Kredell property of the southwest corner of Beach Avenue and
• 18th Street
D. Grant authority for the City Manager to execute a grant award in
the amount of $11,500 for a Used Oil Recycling Center
E. Grant authority to execute audit engagement letter with Purvis
Gray and Company in the amount of $14,000 for the fiscal year
1989 audit
F. Acknowledge receipt of letter and copy of Jacksonville Ordinance
increasing the fine for unauthorized parking in handicapped
parking spaces to $250
G. Acknowledge receipt of letter from Mayor Hazouri relative to
Beach Renourishment in Atlantic Beach
H. Acknowledge receipt of $155,000 from the City of a Jacksonville
for use in the development of the Citys' Regional Park in
Section H and the acquisition of a modular building for the YMCA
and the Citys' Parks and Recreation Department in Russell Park
I. Acknowledge receipt of letter addressed to Captain John
Mitchell, Commanding Officer Naval Station Mayport, relative to
the Sea Cadet training program in this area
J. Authority for the 1989 Sea Walk beginning at 8:30 a.m. on July
• 27, 1989 at the Sea Turtle in Atlantic Beach
4. Appearances:
A. Nick Nicholson of the Jacksonville Beach Chamber of Commerce
will make a presentation regarding a World Class Swim Center
5. Committee Reports:
A. Commissioner Glenn Edwards, Chairman of the Awards Committee,
with recommendations of the Committee relative to the purchase
of a new dump truck for the Public Works Department
B. Commissioner Glenn Edwards, Chairman of the Awards Committee,
with a report and recommendations relative to the acquisition of
a modular building to be utilized for offices for the YMCA and
the Citys' Parks and Recreation Department in Russell Park
C. Commissioner Adelaide Tucker, Chairman of the City Manager
Evaluation Committee, with a report on the Committees' findings
on the applications received for City Manager
6. Old Business:
A. Approval to execute lease with Atlantic Mobile Home Village for
an acre of property off Mayport Road to be used as a recreation
area
7. New Business:
A. Action on a request by the developer of Ocean Terrace for an
amendment to his proposal to reduce density from 14 lots to 12
lots
B. Discussion by the City Commission on a proposal from the
principals of the former Buccaneer Service Company to reduce the
rate of interest from 9% to 7 3/4% and reduce the term of the
bonds from 15 years to 13 years on the purchase Buccaneer
Utility and the offer to lease to the City for one dollar a
year, the old Buccaneer Service Company building on Assisi Lane
C. Discussion by the City Commission on the desirability of
considering a proposal from Roberts Mt. Pisgah Church to
purchase a tract of land on Church Road adjacent to Donner Park
measuring some 145' x 180' for $10,000
8. Action on Ordinances:
A. Ordinance #25-89-21 public hearing and final reading of an
Ordinance amending the Ordinance Code of the City of Atlantic
Beach, Florida to adopt the Minimum Housing Code
B. Ordinance #25-89-22 public hearing and final reading of an
Ordinance amending the Ordinance Code of the City of Atlantic
Beach, Florida to adopt Southern Standard Building Code current
edition with revisions
C. Ordinance #95-89-40 public hearing and final reading of an
Ordinance establishing a Public Nuisance Control Board
D. Ordinance #80-89-41 public hearing and final reading of an
Ordinance amending Ordinance #80-88-37 relative to the
remarketing of the Oak Harbor Water and Sewer Bonds
E. Ordinance # introduction and first reading of an Ordinance
proposing to rezone lots along the Atlantic Ocean between 18th
Street and 19th Street from RG2 to RG1 and referral to the
Community Development Board for reccommendations
9. Miscellaneous Business:
10. City Manager Reports:
11. Mayor to call on City Commissioners, city Attorney, City Clerk for
reports and/or requests
Adjournment
MINUTES OF THE REGULAR MEETING OF THE ATIAETIC BEACH CITY COM
MISSION HELD AT CITY HALL ON JUNE 12, 1989, AT 7:15 PM V V
O O
2RESENT: William I. Gulliford, Jr. , Mayor/Commissioner T T
Robert B. Cook, Sr. E E
Glenn A. Edwards D D
Alan C. Jensen, and
Adelaide R. Tucker, Commissioners
M S
AND: Richard C. Fellows, City Manager 0 E
Claude L. Mullis, City Attorney T C
Maureen King, City Clerk I 0 Y
NAME OF ONEN
COMMRS. N D S 0
The meeting was called to order by Mayor Gullitord. The '
invocation, offered by Commissioner Cook, was followed by the
pledge to the flag.
1. Approval of the minutes of the regular meeting of May 22,
1989.
Cook x
Notion: Approve minutes of the regular meeting of May 22, Edwards x x
1989 Jensen x
Tucker x x
No discussion before the vote. The motion carried unanimously. Gulliford x
2. Recognition of Visitors:
Iichael Besancon, 1070 Ocean Boulevard, addressed the Commission
on behalf of the residents from Tenth to Fifteenth Street relative
to speeding on Ocean Boulevard. They presented a petition with
twenty-eight signatures requesting the installation of stop signs
at 11th, 12th, 13th, 14th and 15th Streets. He said the 25 MPH
speed limited which is posted was adequate, however, in his
opinion, it was not being adequately enforced. Others who
expressed support of the petition were Sandy Bell, 1175 East Coast,
Gail Cooper, 1178 Ocean Boulevard, and Connie Besancon, 1070 Ocean
Boulevard.
Lt. VanderWal said studies had been done on the traffic in this
area and while a problem existed, it was not found to be as severe
as the residents indicated. Additional officers were being trained
in the use of radar equipment.
Dezmond Waters, 1835 Seminole Road, said he felt stop signs would
not solve the problem and although speeding was a problem,
especially on Seminole Road, any more than one additional stop sign
was unthinkable and would not be supported by the North Beaches
Association.
Mayor Gulliford asked that the police department look into this
matter again and requested the city manager to report back at the
next meeting.
* * * * * * * * * *
PAGE TWO V V
MINUTES NAME OF
JUNE 12, 1989 COMMRS. MSYN
Mary White, 310 Skate Road, addressed the commission on behalf of
the residents of Skate Road area relative to the drainage ditch
which runs behind their homes. She presented a petition from the
residents along with pictures showing the neglected and overgrown
condition of the ditch. She said the residents have problems with
snakes, rodents, and mosquitos and stressed the need for urgent
action.
The city manager reported the city expended about $25,000 recently
to have that ditch, along with others, evaluated from an engineer-
ing standpoint relative to closing it in. The cost was estimated
in the neighborhood of $400,000 and there was a question as to
whether the St. Johns River Water Management District would allow
this ditch to be closed in because of the press for allowing storm
water to seep into the soil. He reported this ditch had been
cleaned within the last year and the city had a contract for
regular spraying, however, he acknowledged that a problem existed.
Mayor Gulliford said he would personally get with the city manager
and look at the ditch and come up with a way to effectively clean
it. However, no commitment could be made to close it in, but in
the meantime the city is awaiting the engineering report relative
to the city-wide drainage system.
* * * * * * * * * *
Jody Ford, Chairman of the Beautification Committee, said the
committee had been concentrating their efforts on having illegal
signs removed. She requested the guidance of the commission
relative to the procedure to be taken when letters requesting the
removal of the signs had been ignored.
Mr. Fellows responded that the city had tried to work with people
as much as possible and get them to obey the law but said it was
impossible to enforce the letter of the law, but rather, that the
city tried to enforce the spirit of the law. He indicated the
complaints had been turned over to the Code Enforcement Officer but
that due process would take time.
Mayor Gulliford said he felt the city should establish a timetable
for handling complaints of this nature so the Beautification
Committee would have some idea when the violation would be
corrected. It was further suggested that violators should be
given a schedule of fines and penalties.
* * * * * * * * * *
Jim Wheatley, 2008 Selva Madera Court reported he had constructed
an 8-ft. fence. When he had been informed the fence exceeded the
"eight permitted by city code he removed the fence and rebuilt it
�n a burm and had been further informed he was still in violation.
He had since then cut the height of the fence down considerably and
was told in places his fence exceeds allowed height by some seven
PAGE THREE V V
MINUTES NAME OF
JUNE 12, 1989 COMMRS. MSYN
inches. He asked the commission for direction in light of the fact
he had been issued a permit to construct the fence.
Mayor Gulliford requested Mr. Wheatley to fully document the events
which had transpired. The city manager said he felt Mr. Wheatley
needed to comply with the instructions of the code enforcement
officer. A part of the fence had been cut down and was now in
compliance and if Mr. Wheatley would follow the directions of the
Code Enforcement Officer, the situation would be resolved.
Mayor Gulliford said this was a matter the Code Enforcement Board
should resolve. Mr. Wheatley said he felt his fence was built in
accordance with the design and specification for which the permit
had been issued, however, the Code Enforcement Officer did not
concur. Mr. Wheatley was advised he could appeal the decision of
the Code Enforcement Officer to the Community Development Board.
3. Consent Agenda:
A. City Commission action to acknowledge the Florida League of
Cities Annual Convention will be held this year in
Jacksonville, Florida, in the Prime Osborn Convention Center
in October
J. Acknowledge letter from Neil Perry, Sheriff of St. Johns
County, to Chief David meson commending the work of David
Archer resulting in the arrest of a homicide suspect
C. Acknowledge receipt of an opinion fran Claude Mullis relative
to the Kredell property on the southwest corner of Beach
Avenue and 18th Street
D. Grant authority for the City Manager to execute a grant award
in the amount of $11,500 for a used oil recycling center
E. Grant authority to execute audit engagement letter with Purvis
Gray and Company in the amount of $14,000 for the fiscal year
1989 audit
F. Acknowledge receipt of letter and copy of Jacksonville
Ordinance increasing the fine for unauthorized parking in
handicapped parking spaces to $250
G. Acknowledge receipt of letter from Mayor Hazouri relative to
beach renourishment in Atlantic Beach
H. Acknowledge receipt of $155,000 fi.au the City of Jacksonville
for use in the development of the city's reyional park in
Section H and the acquisition of a modular building for the
PICA and the city's Parks and Recreation Department in Russell
Park
PAGE FOUR V V
MINUTES NAME OF
JUNE 12, 1989 COMMRS. MSYN
I. Acknowledge receipt of letter addressed to Captain John
Mitchell, Commanding Officer, Naval Station, Mayport, relative
to the Sea C'adPt Training Piuyi am in this area
J. Authority for the 1989 Sea Walk beginning at 8:30 AM on July
27, 1989 at the Sea Turtle in Atlantic Beach
On inquiry as to whether anyone in the audience wished to address
any Consent Agenda item, Don Wolfson, 1725 Beach Avenue, directed
the attention of the Commission to Item G. Mr. Wolfson said he was
opposed to the proposal of the Army Corps of Engineers to dump
"clean river bottom sand" from the St. Johns River on Atlantic
Beach. When this had been done some years ago the material dumped
included shredded tires, cans, glass, garbage, and silt and
although it had been buried in a trench, over a period of time this
material washed to the surface and became a hazard on the beach.
Although the beach has been eroded, the sand is now white and clean
and it would be Mr. Wolfson's wish if the beach cannot be
renourished with clean ocean sand, that it be left as is. He
pointed out the beaches at Neptune and Jacksonville beach were
scheduled to be renourished with ocean sand. He requested the
Commission to protest the plan as currently proposed.
Mayor Gulliford pointed out the Consent Agenda simply acknowledged
receipt of the letter and was not an indication of approval of the
plan. He requested Commissioner Edwards to check into this matter
and report back at the next meeting. Cook x x
Edwards x x
Motion: Approve passage of the Consent Agenda as presented Jensen x
TUccker x
No discussion before the vote. The motion carried unanimously. Gulliford x
4. Appearances:
A. Nick Nicholson of the Jacksonville Beach Chanter of Commerce
will make a presentation regarding a World Class Swim Center
Nick Nicholson, Chairman of the Community Development Committee of
the Beaches Chamber of Commerce, requested the City of Atlantic
Beach to fund all or a portion of a feasibility study upon which
could be based funding, management, and where the facility could be
located, etc. , of such a complex. He said the Chamber felt this
facility would benefit the youth, the elderly, the business
community and the medical profession for use in therapy and
research, and suggested the city consider using its bed tax
revenues to fund the study, and further suggested the city consider
volunteering to act as the administrator for the feasibility study.
Toni Bonfili, vice chairman of the Community Development Committee
pf the Chamber passed out handouts and highlighted the uses of
similar facility in another area.
PAGE FIVE V V
MINUTES NAME OF
JUNE 12, 1989 COMMRS. MSYN
Bill Dorsey, Chairman of the Jacksonville Sports and Entertainment
Commission, and a resident of Atlantic Beach, said the Commission
is responsible for bringing major events to the Jacksonville area,
and outlined the type of events he felt would be attracted to such
a facility. He said he had visited Indianapolis and presented a
drawing of a similar facility in that area which featured a diving
pool, a competition pool, and an instructional pool which could
also be used for exercise or therapy.
Discussion ensued relative to other possible uses for the bed tax
revenues and doubt was expressed as to whether a parcel of land was
available in Atlantic Beach which would be large enough to
accommodate such a facility. In the meantime, the city manager was
requested to compile any available information relative to the bed
tax for further discussion at the next meeting.
5. Committee Reports:
A. Commissioner Glenn Edwards, Chairman of the Awards Committee
with recommendations of the committee relative to the purchase
of a new dump truck for the public works department
Commissioner Edwards reported three bids had been received and
ifter review by the committee, it was decided the bid of Mike
)avidson Ford of Jacksonville met all the specifications and was
recommended as the lowest and best bid.
Cook x
Motion: Award bid for the purchase of a new dump truck to Edwards x x
Mike Davidson Ford at a cost of $22,387.46 Jensen x
Tucker x x
No discussion before the vote. The motion carried unanimously. Gul.liford x
B. Commissioner Glenn Edwards, Chairman of the Awards Committee,
with a report and recommendations relative to the acquisition
of a modular building to be utilized for offices for the YMCA
and the city's Parks and Recreation Department at Russell Park
Commissioner Edwards reported four bids had been received for a
modular office building for Russell Park. The committee reviewed
the background of the bidders and it appeared the lowest and best
bid was that of Gelco Space of Jacksonville.
Cook x
Motion: Award bid for the purchase of a modular office Edwards x x
building to Gelco Space of Jacksonville in the Jensen x
amount of $28,829 Pucker x x
Gulliford x
In brief discussion before the vote it was pointed this building
was being purchased with monies received from the City of
Jacksonville for recreation purposes. $30,000 had been allocated
=or this purchase and the savings would remain in the fund for
recreational purposes.
PAGE SIX V V
MINUTES NAME OF
JUNE 12, 1989 COMMRS. MSYN
C. Commissioner Adelaide Tucker, Chairman of the City Manager
Evaluation Committee, with a report on the committee's
findings on the applications received for City Manager
Commissioner Tucker reported the committee had met twice and had
evaluated approximately one hundred applications. A point system
was established to grade applicants on education, experience,
professionalism and location. The City Manager had checked the
backgrounds of those short-listed and the committee presented the
names of five finalists and one alternate. She explained due to
the provisions of the City Charter William S. Howell had not been
included in the finalists.
Commissioner Cook asked that the City Attorney be instructed to
draw whatever ordinance was necessary to allow Mr. Howell's name to
be added to the list of finalists. The City Attorney said the
Commission could act as a whole to add whoever it desired to any
list and Commissioner Cook asked that Mr. Howell's name be added to
the list. Mayor Gulliford explained the Commission was empowered
to consider any additional name, however, the Charter, as it
stands, precludes Mr. Howell from serving and an amendment to the
Charter would be required in order to consider his application.
Cook x x
Motion: Instruct City Attorney to draw whatever ordinances Edwards x
have to be drawn so it would allow Mr. Howell's name Jensen x
to be added to the list Tucker x x
Culliford x
In further discussion, Commissioner Jensen asked whether the
amendment to the Charter could be done in time to meet the
retirement date of the current City Manager and whether this would
have any impact on the committee's recommendation. Commissioner
Tucker pointed out an ordinance amending the Charter required a
30-day advertising period. Mr. Mullis added that under the Home
Rule Powers Act, changing or abolishing departments could be done
by unanimous vote of the body, or an emergency ordinance could be
passed by two-thirds vote. Commissioner Jensen said he had a
problem with changing the rules for anyone. Commissioner Edwards
said while he supported Billy Howell, he felt changing the Charter
may present additional problems later.
Mayor Gulliford read a prepared statement, a copy of which is
attached hereto.
The question was called and on roll call vote the motion failed on
a 3 - 2 vote with Commissioners Cook and Tucker voting in favor and
Commissioners Edwards and Jensen and Mayor Gulliford voting against
the motion.
Mayor Gulliford called a brief workshop meeting following the
::omnission meeting for the purpose of discussing procedure for
interviewing the finalists.
PAGE SEVEN V V
MINUTES NAME OF
JUNE 12, 1989 COMMRS. MSYN
6 Old Business:
A. Approval to execute lease with Atlantic Mobile Home Village
for an acre of property off Mayport Road to be used as a
recreation area
The City Manager explained the lease had already been approved
contingent upon Atlantic Mobile Home Village providing insurance
with the City of Atlantic Beach as additionally insured. The city
had subsequently received the insurance documents.
Cook x
Motion: Authorize entering into agreanent with Atlantic Edwards x x
Mobile home Village for lease of property as Jensen x x
requested Tucker x
Gulliford x
No discussion before the vote. The motion carried unanimously.
7. New Business:
A. Action on a request by the developer of Ocean Terrace for an
amendment nt to his proposal to reduce density faun 14 lots to 12
lots
The City Attorney explained changes were not requested in the
:ovenants and restrictions or the quality of the development. The
only request was to reduce the number of buildable lots from
fourteen to twelve and Mr. Akel had provided the City Manager with
copies of the revised plat.
Cook x x
Notion: Approve reduction flan 14 to 12 lots and approve Edwards x x
amended plat Jensen x
Tucker x
In discussion before the vote, Commissioner Jensen asked whether GUlliford x
this was similar to amending a PUD and whether this action should
be done by ordinance. The City Attorney explained the quality of
the development had already been approved by ordinance, this action
was to approve the revised plat. The question was called and the
motion carried unanimously.
B. Discussion by the City Commission on a proposal frau the
principals of the former Buccaneer Service Company to reduce
the rate of interest from 9% to 7 3/4% and reduce the teen of
the bonds frau fifteen to thirteen years on the purchase of
Buccaneer Utility and the offer to lease to the city for one
dollar a year, the old Buccaneer Service Campany building on
Assisi Lane
This item was withdrawn from the agenda
Discussion by the City Commission on the desirability of
considering a proposal from Roberts Mt. Pisgah Church to
purchase a tract of land on Church Road adjacent to Donner
Park measuring same 145' x 180' for $10,000
PAGE EIGHT V V
MINUTES NAME OF
JUNE 12, 1989 COMMRS. M S Y N
The City Manager explained the additional land would provide access
to the park from a main thoroughfare but it was his opinion the
property should be appraised before a decision was made. It was
the general feeling of the Commission this would represent a worth
while purchase for the city and the City Manager was instructed to
proceed with the appraisal and report back at the next meeting.
8. Action on Ordinances:
A. Ordinance No. 25-89-21 - Public Hearing
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC
BEACH, AMENDING CHAPTER 6, ADOPTING A M7NTMIM HOUSING CODE, AND
PROVIDING AN EFFECTIVE DATE
Mayor Gulliford presented in full, in writing, Ordinance No.
25-89-21 on second and final reading. Said ordinance was posted in
accordance with Charter requirements. The Mayor opened the floor
for a public hearing and invited comments from the audience. Since •
no one spoke for or against the ordinance, the mayor declared the
public hearing closed.
Cook x
Notion: Approve passage of Ordinance No. 25-89-21 on final Edwards x x
reading Jensen x x
Tucker x
&) discussion before the vote. The motion carried unanimously. Gulliford x
B. Ordinance No. 25-89-22 - Public Hearing
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF =ANTIC
BEACH, AMENDING CHAPTER 6, ADOPTING THE SOUTHERN STANDARD BUILDING
CODE CURRENT EDITION, AND PROVIDING AN EFFECTIVE DATE.
Mayor Gulliford presented in full, in writing, Ordinance No.
25-89-22 on second and final reading. Said ordinance was posted in
accordance with Charter requirements. The Mayor opened the floor
for a public hearing and invited comments from the audience. Since
no one spoke for or against the ordinance, the Mayor declared the
public hearing closed.
Cook x
Notion: Approve passage of Ordinance No. 25-89-22 on final Jensen x
reading Edwards x x
Tucker x x
No discussion before the vote. The motion carried unanimously. Gulliford x
C. Ordinance No. 95-89-40 - Public Hearing
AN ORDINANCE ESTABLISHING A PUBLIC NUISANCE CONTROL BOARD AND
PROVIDING AN EFFECTIVE DATE
Mayor Gulliford presented in full, in writing, Ordinance No.
95-89-40 on second and final reading. Said ordinance was posted in
accordance with Charter requirements. The Mayor opened the floor
for a public hearing and invited comments from the audience. Since
no one spoke for or against the ordinance, the Mayor declared the
public hearing closed.
PAGE NINE V V
MINUTES NAME OF
JUNE 12, 1989 COMMRS. M S Y N
Cook x
Notion: Approve passage of Ordinance no. 95-89-40 on final Edwards x x
reading Jensen x x
Tucker x
No discussion before the vote. The motion carried unanimously. Gulliford x
D. Ordinance No. 80-89-41 - Public Hearing
AN ORDINANCE AMENDING ORDINANCE NO. 80-88-37, RELATING TO THE OAK
HARBOR WATER AND SEWER DISTRICT AND OAK HARBOR WATER AND SEWER
DISTRICT REVENUE BONDS; PROVIDING FOR AUTHORIZED DENOMINATIONS AND
TRANSFERS OF BLINDS; AMENDING TIMES FOR PAYMENT AND REDEMPTION OF
BONDS INCREASING DEBT SERVICE COVERAGE REQUIREMENTS; INCLUDING A
COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON AD VALOREM
REVENUES FOR PAYMENT OF THE BONDS; APPOINTING A SUCCESSOR PAYING
AGENT AND REGISTRAR; APPROVING A REOFFERING CIRCULAR AND
REMARKETING OF THE BONDS; AND PROVIDING AN EFFECTIVE DATE
Mayor Gulliford presented in full, in writing, Ordinance No.
80-89-41 on second and final reading. Said ordinance was posted in
accordance with Charter requirements. The Mayor opened the floor
for a public hearing and invited comments from the audience. Since
no one spoke for or against the ordinance, the Mayor declared the
public hearing closed.
Notion: Approve passage of Ordinance No. 80-89-41 on final Edwards x
reading Jensen x
In discussion before the vote, Commissioner Jensen asked for
clarification relative to the use of non-ad valorem revenues. Dan
Livermore of Livermore, Klein and Lott, said the city would expect
to pay from those sources, however, it would not be necessary to
pledge those revenues. He explained the underwriters for the bonds
had requested this change in order to make the bonds more easily
marketable. The City Attorney explained the city had entered into
a marketing agreement, based on the assumption this would not cost
the city any additional revenues. Mr. Livermore pointed out all
the changes other than the non-ad valorem revenue change, had
already been agreed to at the time of the closing. However, he
said the city was not obligated to agree to the non-ad valorem
revenue change.
Further discussion followed during which reservations were
expressed relative to committing the non-ad valorem revenues and
Commissioner Jensen amended his motion as follows:
Cook x
AMENDED MOTION: Delete all reference to commitments to pay Edwards x x
frau non-ad valorem revenues and approve passage of Jensen x x
Ordinance No. 80-89-41 as amended Tucker x
Gulliford x
40 further discussion. The motion carried unanimously.
PAGE TEN V V
MINUTES NAME OF
JUNE 12, 1989 COMMRS. M S Y N
E. Ordinance No. 90-89-144 - First Reading
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC
BEACH, FLORIDA; AMENDING CHAPTER 24, THE COMPREHENSIVE ZONING
ORDINANCE AND LAND DEVELOPMENT CODE BY AMENDING THE OFFICIAL ZONING
MAP m REZONE LOTS 41, 42, 45, 46, 47, 48, 54, 59, AND 60, NORTH
ATLANTIC BEACH UNIT NO. 2 FROM RG2 RESIDENTIAL GENERAL MULTIPLE
FAMILY TO RG1 RESIDENTIAL GENERAL '1W) FAMILY, AND PROVIDING AN
EFFECTIVE DATE
Mayor Gulliford presented in full, in writing, Ordinance No.
90-89-144 on first reading.
Cook x x
Notion: Approve passage of Ordinance No. 90-89-144 on first Edwards x
reading and refer to Cb m unity Development Board Jensen x x
Tucker x
No discussion before the vote. The motion carried unanimously. Gulliford x
9. Miscellaneous Business:
10. City Manager Reports:
The City Manager reported the Buccaneer District had experienced a
sewage spill of about 20,000 gallons on Wonderwood Road on June 1,
.989, and city employees had been assisted in the clean-up
operation by Environmental Recovery personnel. He said the problem
had been resolved and requested authority to pay the Environmental
Recovery invoice in the amount of $6,127.15 on an emergency basis. Cook x
Edwards x x
Notion Authorize payment of Environmental Recovery invoice Jensen x x
Tucker x
No further discussion. The motion carried unanimously. Gulliford x
11. Mayor to call on City C b missioners, City Attorney, City Clerk
for reports and/or requests
The City Attorney reported Mr. Blackard had gotten a temporary
restraining order enjoining the City of Atlantic Beach from
proceeding any further with the construction of the Sixteenth
Street beach access steps. He said he felt the judge was probably
not aware that Mr. Blackard had given an easement over the property
where the steps are being constructed. The case had subsequently
been reassigned to the original division in the circuit court which
had rendered the final judgement giving the city a five-foot
easement for access, and he felt the matter would be quickly
resolved and the work would be completed.
Cb missioner Cook inquired about the legality of a a 6-foot fence
on Ocean Boulevard. The City Manager reported the fence had been
rected without a permit and the property owner had been notified
)f the violation and if it is not corrected, this would be a matter
for the Code Enforcement Board to handle.
PAGE ELEVEN V V
MINUTES NAME OF
JUNE 12, 1989 COMMRS. MSYN
He also pointed out an item in a National League of Cities
publication which reported the senate had refused to fund the war
on drugs and that cities throughout the country had been requesting
that the amount of $820 million be restored to the budget to fund
this effort. He requested a letter be sent to our state senators
strongly supporting the other cities in their position.
Commissioner Edwards reported the question of the unfunded state
mandates will be on the 1990 ballot and requested that every effort
be made to inform the public on this matter.
He also said the city needed to proceed with plans for the
consolidation of the Atlantic Beach and Buccaneer plants. The City
Manager said data provided by the recently installed flow meters
indicated the city is not in a crisis situation. However, several
large capital improvements would soon be needed in the Buccaneer
plant and he felt the city should proceed with developing plans and
specifications for the consolidation and advertise under the
Consultants Competitive Negotiation Act.
There being no further business to come before the Commission, the
Mayor declared the meeting adjourned at 9:30 PM.
t
Wi ar+r I. liford, J
Mayor/Presiding Officer
A'fi'EST:
1
Maur-en King, City Jerk
This is not a consideration for or against an individual. I
supported Billy Howell when he was in office; I supported him when
he ran for the Legislature and I ' ll call your attention to the fact
that that was even though I was a Republican.
In 1957 the present Charter of the City was ratified by the
citizens. In the Charter there were restrictions which we are all
aware of - that someone who had served on the City Commission was
prohibited from holding the office of City Manager for a period of
one year after they left office. It ' s not that the direction of
this clause is not without precedence because Federal Law mandates
the same limitation on elected and appointed officials. Obviously,
the intent is to prevent the job of City Manager from becoming
politicized.
First and foremost, the City Manager must be politically neutral.
By design, the Charter creates a balance between the political body
on one side and a professional objective administrator on the
other. It is difficult for me to believe that the appointment of
the former Mayor to this position would not be without political
impact. I have already heard it from people in Atlantic Beach and
elsewhere who have made statements to that effect. The perception
is there. It seems at best, a change in the Charter would be
viewed as a product of familiarity and friendship or a reward for
prior services rendered, particularly in the comparative light of
the experience and educational backgrounds of highly qualified
candidates recommended by the search committee. Perhaps the author
of this section of the Charter was aware of the possibility of a
situation like this and attempted to help those who would follow.
People don' t normally do things without a reason, particularly, in
something as sacred to a city as its Charter. Would a change of
this section of the Charter benefit one individual and consequent
friendships or do you sincerely believe that such a change would
better serve the city and its people. I believe the former, but if
you think the latter, it should be discussed and studied without
the pressure of a favorite son applying for this job. As Alan
said, or I think indicated, the change in the law should stand on
its own merit and not be motivated by consideration for one
individual. On the second question, that of qualifications, as the
City Attorney has alluded to, the Charter is very specific and it
states the City Manager shall be chosen by the City Commission
solely, a very important word, solely on the basis of his executive
and administrative qualifications with special reference to his
experience in or knowledge of accepted practice and respect for the
duties of his office. Accepted practice comes with experience in
the specific job and academic pursuit in this specialized field.
The Charter directs us to seek a City Manager that is experienced
and educated in the position we are filling. Having been a Mayor
for a long time is not enough. In fact, the longer one spends in
political office the more difficult it becomes to keep the politics
out of his or her deliberations. What executive and administrative
experience has Billy Howell gained from being Mayor? I would
suggest very little, for again, the Charter prohibits the Mayor
form functioning in an administrative capacity and I trust he
abided by that Charter. Also, I see nothing in Billy Howell ' s
resume that indicates experience in the day to day management of
ninety plus people in the private sector or anywhere else. After
this dissertation, I am sure there are those who will say that I
just don' t like Billy Howell. That' s a very simplistic explanation
of my position and is clearly not the case. My argument is that
like and dislike has absolutely nothing to do with the matter at
hand. The true consideration is an objective philosophy about a
form of government and how it should be run. I, as well as each of
you, am charged to support and defend that form of government, even
at the cost of a loss of friendship and being the target of
criticism. Billy Howell created this issue knowing full well that
he would compete against highly skilled, educated and experienced
professionals and acceptance of his application and subsequent
appointment as city manager would violate the charter as it stands.
I am sorry, I cannot in good conscience support a Charter change
or vote in favor of that direction. I learned much from Billy
Howell and I saw him do good things for the city. Do you follow
your heart or do your follow your mind? I have heard people who
support Billy say they could pack this chamber; I have heard people
who oppose his appointment say they could pack this chamber. I
don' t doubt either side. Doesn' t that give you a great deal of
concern about the politicizing of the job and the polarization of
our citizens where there should be none of either.
--``'
'
i.
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June 2, 1989
"We the undersigned residents of Ocean Blvd north of - Tenth
Street in Atlantic Beach, petition the City Council of Atlantic
Beach to install "STOP" signs on Ocean Blvd at 11th, 12th, 13th,
14th, & 15th. "
�.—
NAME ADDRESS . IGNATURE f #
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