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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. = �_ 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 # Carts7.61s.g..,-_7E / __ 0�g��^�y��-__ + ' J -�___-!_ ������ ' OL-nt-43 Lat-44 ' MA __ _ Wyk w ele/PPS A2, 0 ". ~0 g 11 ('-#3 ~ � � �� /41-re 049(.4c.).. 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