Loading...
07-24-89 v Amended to correct Ordinance No. on Item 6B CITY OF MANTIC BEACH REGULAR MEE. ING, 143 D Y JULY 24, 1989 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of July 10, 1989 2. Recognition of visitors 3. Consent Agenda: A. Acknowledge report of actions of Community Development Board B. Action by the City Commission to approve the recommendation of the Beautification Committee to appoint Mr. Carl Walker as Beautification Coordinator C. Introduction and adoption of Resolution No. 89-39 authorizing a budget adjustment to provide budget for a beautification committee coordinator D. Introduction and adoption of Resolution No. 89-37 to add Kim D. Leinbach and delete Richard C. Fellows as an approved signer of city checks E. Introduction and adoption of Resolution No. 89-38 authorizing a budget adjustment to provide additional budget for the City Attorney for the remainder of the fiscal year 4. New Business: A. Action by the City Commission to accept for maintenance the cul-de-sacs in the Selva Lakes subdivision B. Action on a request by James T. Davis for a variance from the septic tank moratorium on Lots 5 and 6, Block 40, Section H (Community Development Board recommends approval) C. Discussion relative to the home occupation ordinance as it relates to service type businesses using residences as a base of operation D. Action on request by the City Clerk for authorization to hire part time help for records management E. Authorization to execute Change Order No. 2 in connection with the Sewage Lift Station Wetwell Rehabilitation Project and amending the engineers contract for an increase of $6,000 from $15,000 to $21,000 CO rn• Ui L.J. • 0 • II rpt hi 1 g (nC, 0o 1-1:10 11 �c � 00 8 corn 0110 H" - n n K n (D H- F"i II I O (D a ' 1 i- (Y.' p-11 VI iv it g r�� v 0 Q 0o � � Va) Pi � � � hip h �O a 5 (D0., N Cl •O 0 • x O U 0 F-'0- I-i C� AEj I .41 i O N �R R� rn ) O o O (I) hi C D N rI (D N 0 F o I S I A/ r• ui ct N £ ,..1.1-,. .. ko p P I H- co rt Q ct I F'• U] Cl A� W �C O W IfiW 00 N lO F' F 00 O N ft Ii rt 0 p, 0 �o I O ct P 10 I-h Cl (D El U1 co Ftp F1-1 rn 4 In '•C 4 N Cl) Fi O to Fi J1 H Lo(D 4 N O 1 rt En 5 .. fD .. O. rt< I 1-1- I i FE'• frh ' (i) H- SNP 8Hi g " 5 (D5 5 oma ~- a of N 0' o �' �c � I-8 cn � m H fi� CD (D (D � a $' 4 a4 rAto i r"' o $ a. 5' °, 5 w n "o rt a m r�r' FC i� �i o �i W �t ° A� ° N O -11L) (D ri, P m (D N rt 0 ° y �h A� Clg 1-.1 cn 1--. i Cl H- I- a Ci (D o tr' H- Cl D (D N r N rt n 1-h � rn a R, rr (D (n rt (D O n rr I� o (n `DR rPrt ~ °, art 0 QA) (CD) 6' �• Cl ~ w °, a, hi n w 'TS 11 � 0 a rt. OCD c a s H - Cl �c m rr H n r�r� °Eli rh H F•mo w �r›tr 1-1 rn � n N H- Pp (�Dr0 5- rh °, O PrOt4 h . o w0 o (DEnk< n °, � MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM- MISSION HEW AT CITY HALL ON JULY 24, 1989, AT 7:15 PM V V O O PRESENT: William I. Gulliford, Mayor/Commissioner T T Robert B. Cook, Sr. E E Glenn A. Edwards D D Alan C. Jensen Adelaide R. Tucker, Commissioners M S O E AND: Kim D. Leinbach, City Manager T C Claude L. Mullis, City Attorney I O Y Maureen King, City Clerk NAME OF ONEN COMMRS. N D S 0 The meeting was called to order by Mayor Gulliford. The invocation, offered by Commissioner Cook, was followed by the pledge to the flag. 1. Approval of the minutes of the regular meeting of July 10, 1989 Cook x Motion: Approve minutes of the regular meeting of July 10, Edwards x x 1989 Jensen x Tucker x x No discussion before the vote. The motion carried unanimously. Gulliford x 2. Recognition of visitors: ]esley E. Bassett, 393 Royal Palm Drive, read a letter he had received from the Code Enforcement Officer, Rene' Angers, indicating he was in violation of city codes in that he had been operating a church from his home which was in a residentially zoned district. Mr. Bassett read a prepared statement in defense of the Christian activities which he said he did not feel were in violation of any city ordinances. The City Attorney pointed out according to the city code, a church could be operated in an RS-1 zoned district if a Use by Exception had been granted. Commissioner Jensen read the definition of "church" from the city code and after further discussion Mr. Bassett was asked to contact the City Manager since the Code Enforcement Officer answers to the City Manager and it was his responsibility to administer the laws of the city. * * * * * * * * * * Sandy Bell, 1175 East Coast Drive, requested the installation of a stop sign at Twelfth Street and East Coast Drive. This was referred to the Police Chief who was asked to respond at the next meeting. * * * * * * * * * * Kathleen Russell, 2117 Beach Avenue, said she had been mistaken in thinking that variances approved by the Community Development Board sere passed to the City Commission for final action. She extended apologies to the City Commission and City Clerk that she had indicated these items had been omitted from a previous agenda. PAGE TWO V V MINUTES NAME OF JULY 24, 1989 COMMRS. M S Y N At this time Mayor Gulliford officially recognized and welcomed the new City Manager, Mr. Kim Leinbach, and said he looked forward to working with him. * * * * * * * * * * 3. Consent Agenda: A. Acknowledge report of actions of Community Development Board B. Action by the City commission to approve the recommendation of the Beautification Committee to appoint Mr. Carl Walker as Beautification Coordinator C. Introduction and adoption of Resolution No. 89-39 authorizing a budget adjustment to provide budget for a Beautification Committee Coordinator D. Introduction and adoption of Resolution No. 89-37 to add Rim D. Leinbach and delete Richard C. Fellows as an approved signer of city checks E. Introduction and adoption of Resolution No. 89-38 authorizing a budget adjustment to provide additional budget for the City Attorney for the remainder of the fiscal year Cook x Edward x x Notion: Approve passage of the Consent Agenda Jensen x Tucker x x No discussion before the vote. The motion carried unanimously. Gulliford x 4. New Business: A. Action by the City Commission to accept for maintenance the cul-de-sacs in the Selva Lakes subdivision Cook x Notion: Accept for maintenance the cul-de-sacs in the Selva Edwards x x Lakes subdivision Jensen x Tucker x x No discussion before the vote. The motion carried unanimously. Gulliford x B. Action on a request by James T. Davis for a variance frau the septic tank moratorium on Lots 5 and 6, Block 40, Section H Cook x Notion: Grant variance from the septic tank moratorium on Edwards x x Lots 5 and 6, Block 40, Section H, upon condition Jensen x x owner agrees to hook to the public sewer when it Tucker x becomes available Gulliford x Commissioner Tucker inquired whether variances were granted on iardship basis only and Mayor Gulliford responded this had not been the case in the past. No further discussion. The motion carried unanimously. PAGE THREE V V MINUTES NAME OF JULY 24, 1989 COMMRS. MSYN C. Discussion relative to the home occupation ordinance as it relates to service type businesses using residences as a base of operation The City Clerk reported she had received several requests from individuals engaged in service occupations such as painters, window cleaners, etc. , who, typically, kept their tools and materials in a truck and stored no materials at home, and where no work was carried out at the residence. The home occupation ordinance as currently written did not address such occupations and she said she and Commissioner Tucker had met and suggested some minor amendments which could be made to the ordinance to permit this type activity. Some discussion followed relative to including other occupations such as carpenters and other similar occupations and it was the general consensus the proposed amendments should be made and the ordinance brought before the Commission at its next meeting for first reading. The City Manager suggested the possibility of listing occupations which are prohibited rather than listing occupations permitted and Commissioner Tucker said she would meet with the City Manager on the matter. D. Action on request by the City Clerk for authorization to hire part time help for records management The City Clerk reported the records in the vault were in urgent need of organization and purging and requested authorization to use monies which had been budgeted for other purposes to hire part time help. Cook x Notion: Authorize City Clerk to hire part time help as Edwards x x requested Jensen x Tucker x x No discussion before the vote. The motion carried unanimously. GUlliford x * * * * * * * * * * At this time Mayor Gulliford pointed out the minutes of the mooting of the Committee of the Whole had not been approved and asked for a motion to approve. Cook x x Notion: Approve minutes of the meeting of the Committee of Edwards x the Whole of July 10, 1989 Jensen x Tucker x x No discussion before the vote. The motion carried unanimously. GUlliford x * * * * * * * * * * 4ayor Gulliford reported he had received letters from Senator Bob Graham relative to funding for anti-drug programs and a letter from Jack Pate opposing the proliferation of 4-way stop signs along the PAGE FOUR V V MINUTES NAME OF JULY 24, 1989 COMMRS. M S Y N city's major thoroughfares. He asked that copies of these letters be rendered to all Commissioners. He said he had also received a letter from Rev. Lewis Neal indicating he would be unable to serve on the Public Nuisance Control Board. He asked the Commissioners to give some thought to the matter and if possible, find another person from the same area of town who would be willing to serve on this board. * * * * * * * * * * E. Authorization to execute Change Order No. 2 in connection with the Sewage Lift Station Wetwell Rehabilitation Project and amending the engineers contract for an increase of $6,000 frau $15,000 to $21,000 Commissioner Edwards said he had been informed the paint on the lift stations has started to peel and he requested Smith and Gillespie Engineers check into this. Mr. Doug Leyton of Smith and Gillespie said the problem had been discovered just last week and his firm has sent samples to the manufacturer in Cleveland and they will not know what the problem is until they receive that report. The contract would not be closed out at this time. In the meantime he requested the city authorize the change order which was for the replacement of the pipes and an increase in the engineering fee. Cook x Motion: Approve Change Order No. 2 on the Sewage Lift Station Edwards x x Wetwell Rehabilitation project to provide for pipe Jensen x replacement and an increase of $6,000 in engineering Tucker x x fees Gulliford x On inquiry from Commissioner Cook, Mr. Leyton pointed out the fee had been based on the estimated amount of time to complete the contract. However, the contractor took longer than anticipated when the $15,000 figure for engineering fees had been agreed upon, and the engineers now requested an increase in fees to cover the balance of the contract. * * * * * * * * * * Mayor Gulliford requested action on the Stormwater Utility be further deferred and that the City Manager bring the matter back to the Commission when he has had an opportunity to familiarize himself with the project. This was agreed to by the Commission. * * * * * * * * * * 5. Committee Reports A. Commissioner Edwards, Chairman of the Awards Committee, with report and recommendations relative to bids received for the Oak Harbor Wastewater Interconnect PAGE FIVE V V MINUTES NAME OF JULY 24, 1989 COMMRS. M S Y N Commissioner Edwards reported three bids had been received. Upon review and examination of the bids, the engineers, Bessent, Hammack and Ruckman, recommended award to MGA Construction Company. He said the Finance Director indicated monies were available for the project. Cook x Motion: Accept the recommendation of the engineers and award Edwards x x bid to M(a Construction Company in the amount of Jensen x x $129,697 Tucker x GUlliford x No discussion before the vote. The motion carried unanimously. B. Commissioner Edwards with report and recommendations relative to bids received for the installation of 600 linear feet of 8-inch water main frau the Oak Harbor water plant to the Otter Run subdivision Commissioner Edwards reported six bids had been received. Upon review and examination of the bids the Awards Committee unanimously recommended award to MGA. Cook x Notion: Award bid for installation of 600 feet of 8-inch Edwards x x water main to MCS Construction of Jacksonville Jensen x x Tucker x 40 discussion before the vote. The motion carried unanimously. GUlliford x C. Commissioner Jensen with report relative to City Attorney contract negotiations Commissioner Jensen reported he and Mr. Mullis had had several meetings. In a memorandum dated July 17, 1989, copies of which were distributed to each Commissioner, Mr. Mullis presented a proposal for a retainer of $50,000 and outlined the duties covered by this retainer; an allowance of $3,000 for travel, conferences, training, books, dues and memberships; additional services would be compensated at an hourly rate of $125. Commissioner Jensen said with the current expenses the city had been incurring along with the proposal, he felt the cost was too high. Mr. Mullis responded that the proposal was open for discussion and further negotiations. Commissioner Tucker said she had been weighing the matter for a long time and had discussed bills for legal services with the Finance Director. It was her feeling the city could not afford such high legal expenses and made the following motion: "I move to terminate the existing agreement with our City Zucker x attorney, effective immariiately, draft a proposed new agreement, and Jensen x seek regimes." The notion was seconded by Commissioner Jensen. PAGE SIX V V MINUTES NAME OF JULY 24, 1989 COMMRS. MSYN Commissioner Cook agreed the City Attorney's fees had been high but said he felt the city had received first class service. Mr. Mullis said his intent was to include in the retainer all services except for tax exempt financing and litigation. All litigation matters would be discussed and presented to the City Commission. He said all litigation in the last two years had been done at the direction of the City Commission. So far this fiscal year litigation costs had amounted to $36,000. Mr. Mullis said it was not his intention to take advantage of the city and if the costs could be reduced and the quality of service maintained, he would be glad to work with anyone. He pointed out in the Twentieth Street litigation the City of Atlantic Beach had paid approximately $23,000. The court awarded the attorneys $27,900; the court awarded to the property owners over $9,000 in appraisers fees and court costs. The city's appraiser's fees and court costs amounted to approximately $3,600. Commissioner Jensen pointed out the present agreement with the City Attorney was for an hourly rate of $75.00 while amounts up to $160.00 per hour, which did not appear to have been authorized,had been charged. He said the City Attorney's bills to the city did not have a breakdown of the hours spent or the hourly rate. Mr. Mullis responded all his bills had been sent to and approved by the City Manager. He indicated each year at budget time he had asked the Mayor and City Manager if any item needed to be discussed with the City Commission. Mr. Mullis reported he had met with Mayor Gulliford and Mr. Hugh Carrithers before the Commission meeting and he felt the major problem perceived by the Mayor was Mr. Mullis' representation of Neptune Beach, which had originally been taken on a temporary basis. He felt further problems had arisen from the handling of the FOP lease, and wished to clarify that nothing in the lease referred to the City of Neptune Beach retaining the contents of the building. Commissioner Edwards said he felt there was a problem with the city ordinance as it relates to the City Attorney. Mayor Gulliford responded he felt the problem was not with the city ordinances, but with the rather vague letter of agreement with the City Attorney. He said the city had been billed for services which he felt should have been covered by the retainer; however, the letter of agreement was not specific about what the retainer covered. Mayor Gulliford said as far as the conflict of interest with Mr. Mullis' representation of Neptune Beach was concerned, situations could arise which could present difficulties with having the same attorney serving both communities. He said he felt Mr. Mullis may be a victim to some extent where the question of fees was concerned since there was no written agreement regarding fees. PAGE SEVEN V V MINUTES NAME OF JULY 24, 1989 COMMRS. M S Y N Mr. Mullis said he would be agreeable to working with the city to draft an comprehensive agreement but he would not sign a contract which did not meet his approval. At 8:25 PM, the Mayor called a five minute recess to give the Commissioners an opportunity to read Mr. Mullis' manorandiin, which had just been copied and distributed at the beginning of this discussion. The meeting reconvened at 8:30 and discussion continued. Commissioner Edwards suggested every effort be made to draft an agreement which would be very specific. Mayor Gulliford suggested, regardless of any action taken at this meeting, he hoped this would be done. Mr. Mullis said he felt the City Charter applied to the City Attorney as it did to the City Manager with reference to termination. Mayor Gulliford read the portion of the Charter regarding termination of a City Manager and pointed out the same condition applied to boards, Commission, and agencies, but that there were no references to any other officers. The question was raised as to whether the City Attorney was an agency of the city or whether he is employed by the City Commission at will. The Mayor confirmed with the Finance Director that $36,890 had been paid this fiscal year for litigation and the total advance to date had been $81,854, with the difference of $44,964 being for all other city business, including court costs. It was pointed out this figure also included an amount of $2,600 for health insurance premiums. Mr. Mullis pointed out he had negotiated payment to the city of $50,000 representing insurance premiums paid on casualty and fire insurance levied by the city and collected by the state, which the state had been wrongfully withholding. The Mayor pointed out the state was also holding back monies due this year. Further discussion ensued relative to fees paid for bond issues, including $25,000 on Gulf Breeze Bonds for Section H; Flcct Landing in the neighborhood of $26,000, less costs paid to the city; and Atlantic Utilities at approximately $16,000. These monies were paid directly by bond counsels but were revenues derived from his position as City Attorney. The Mayor said he felt from an accounting perspective, this money should probably have flowed through the city before being paid to the city attorney. Mr. Mullis pointed out that would not be standard procedure. Commissioner Tucker said her research had indicated the agreement with the City Attorney was for an hourly rate of $75.00 and questioned by what authority the city was being charged $100.00 per hour. Mr. Mullis said the former Mayor and former City Manager were •APN buTgon aaxons aauoTssTuuno3 ugTM Ogen auo oq ano3 P U0 paTaaPo uoTgow auq pup paTTPo SPM uoTgsanb aus •papaq aq oq AgTungaoddo UP goacgns am ssaappP og gSTM oqM suazTgTo OATS o; buTapaq oTTgnd P og buoTP passed aq pinus O°upuTpao aqq gTa3 aq pTPs pao3TTTn0 aoApw '1Tp3 SPM STgq TT03 au papuodsaa Noe0 aauOTSSTuauo3 pup UOT4PUTtuT.IOSTp SP peATOOJed uaaq ApPe.TP ppq gpgM UOSJODM qou pTnoM sTgg JT paNSP uasuar IeUOTsSTUIuOO •O°UPUTpao Aq pabupgo aq pine° pup uoTgpagsTuTwpy aapun Ounoo pTnaM sTgg pasTApp Aeuaoggy ATM auq pup aagargq eqq og guauipuatup UP aq pin°M sp.]; aaggagM paaTnbuT uasuar I8UOTSSTUIID3 •AouagsTsuo° apTAoad pTnoM aouPUTpao slug 3o abpsspd gTa3 au aagapu0 eqq unoa3 panounaa uaaq qou ppq uoTsTAoad auq aouTs pTPs Noo0 aauoTssTunuDO •Aauzoggz AgTO pup 'NaaTO 'aoApw am. 'aidoad aaagg gsuTPbP agpuTwTaosTp pTnoM aOupuTpao pasodoad aus •panounaa aq pinus Iabpuw ATTO SP anaas og AATTTgTSTTe s1toAPys eqq og x pao3TTTf eAT1PTaa aagapg0 eqq UT uoTsTAoad eqq gga3 aus •AaogPUTwTaOsTp SPM x amptly aoupuTpao am gTa3 eqs pTPs aallons aauoTssTuuno3 'uoTssn°STp buTanQ x uasuar X x spaempa 686T 1,T 4sn6til fuTaeog oTTTO103 qas puu bUTppeI x x Noo0 gsaT3 u0 TZ-68-S '0N apueuTpao 3o abussud anoadd1 :uo qo. •buTppaa gsaT3 UC TZ-68-5 '0N aouuuTp.IO 'buT1T.IM uT 'TTn3 uT paquasaad pao3TTTnO aoLew HAM I RAIJ.ML TI NV 9NII IAOZId *ESL dO NOILVZILM NELLIV 11VaA MO NIILLIM 110 WCL Ulan anan i Aazawi A.L.13 'NETIO W1 J SV dNSNINOddV ifala IEINOISS114433 AJ I3 ANV ONILISEICHI 2IIUZIO NV buTrieela gsITd - TZ-68-S 'ON 3DNV IIQIO 'V :soauuuTpaO uo uoil -9 •pagpuTwaaq uaaq ppq Aauzoggy AgTO GIP ugTM dTgsuoTgPTaa alp 'pagsTxa Mou guaunaaabP ou aouTs snsUesuo° TPaauab eqq SPM gT puP Aauaoggy AgTO al-14 buTgPUTwaaq qupaw osTp ;opaque° eqq buTquuTwaaq aaggagi pup ssaooad anp ao uoTgPoT]Tgou AUP og paTgTqua SPM aq ;To; uoTssTuuloJ auq aaggaqM paxsp sTTTnW 'aW x p103TTTR0 x amptly ampAPN burgon spa mpa aauo rsszuunp x uasuar gg.TM 'agon auo og ano3 P u0 pOTa1 O uoTlan 'agOA TTS-TTOI u0 xPT2M x Noo0 •Aauaoggy AkTO am. uT OouapT3uoo 3o buTuaxpae P 'bUTUana sTgg uoTgPsaanuoo aqq woa3 peATaoaad aq 'AgTO eqq 103 qol pooh P auop ppq sTTTnw 'IW gia3 Oq OTTqM PTPs pao3TTTn0 aoAPw •Obupgo sTgg ;o aaPMP sum 'aaneMoq 'saauoTssTuuno3 am ;o auoN '00'00'$ 3o abapgo ATanoq sTq oq paaabp ppq pup 3o aapMP ggoq N A S Yd 'SUNNNNOO 686T 'VZ AMC 30 3NNVN s�,InNIW A A J.HDI3 3`Yd PAGE NINE V V MINUTES NAME OF JULY 24, 1989 COMMRS. M S Y N B. ORDINANCE NO. 40-89-15 - Public Hearing AN ORDINANCE AUTHORIZING EXECUTION OF AGREEMENT OF FRANCHISE TO PEOPLES GAS SYSTEM, INC. WITHIN THE CITY LIMITS FORA FIVE YEAR PERIOD, STATING TSS AND CONDITIONS THEREOF, PROVIDING AN EFFECTIVE DATE Mayor Gulliford presented in full, in writing, Ordinance No. 40-89-15 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. Scott Hansen of Peoples Gas, referred to the amendments allowing the city to audit the records of Peoples Gas, and reducing the franchise fee for the second five year term from 7% to a maximum of 6%. He said there was no problem with their books being open for audit by the city, but he said the officers of their corporation were unwilling to enter into a franchise agreement for a 7% franchise fee. He said his firm has 207 franchise agreements within the state, none of which is over 6%. Since no one else wished to speak for or against the ordinance, the Mayor declared the public hearing closed. The Mayor asked if the Commission would agree to reducing the fee to 5% and deferring action to the next meeting to give the City Manager an opportunity to study the agreement and make recommendations. Brief discussion ensued relative to easements and insurance and Mr. Hansen explained his company had no plans for expanding the system. The existing easements ran mostly along streets and no additional easements were anticipated. When work is done on the gas lines, all efforts would be made to return the area to its former condition. Cook x x Notion: Approve amendments and defer action until the meeting Edward x of August 14, 1989 Jensen x Tucker x x No further discussion. The motion carried unanimously. Gulliford x C. ORDINANCE NO. 60-89-6 - Public Hearing AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 17, ARTICLE I, SECTION 17-1(6) PROVIDING FOR 32 SQUARE FOOT REAL ESTATE ADVERTISING SIGNS IN ALL ZONING DISTRICTS CY1 IER THAN RESIDENTIAL Mayor Gulliford presented in full, in writing, Ordinance No. 60-89-6 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. Dorothy Kerber, 365 First Street, said she felt this was much too large and since no one else spoke for or against the ordinance, the Mayor declared the public hearing closed. PAGE TEN V V MINUTES NAME OF JULY 24, 1989 COMMRS. M S Y N Notion: Approve passage of Ordinance No. 60-89-6 on final Cook x reading The motion died for lack of a second. D. ORDINANCE NO. 90-89-144 - Acknowledge action of Camimity Development Board and set for public hearing Mayor Gulliford presented in full, in writing, Ordinance No. 90-89-144. Cook x Notion: Accept recommendation of the Cama pity Development Edwards x Board and set for public hearing August 28, 1989 Jensen x x Tucker x x No discussion before the vote. The motion carried unanimously. Culliford x 7. Miscellaneous Business: None 8. City Manager Reports: None 9. Mayor to call on City Commissioners, City Attorney and City Clerk for reports and/or requests Mr. Mullis said he regretted he would not have the opportunity to work with Mr. Leinbach. He felt the action taken this evening was precipitated by matters which occurred over a period of time • involving internal investigations in both Neptune Beach and Atlantic Beach. He said some of the Commissioners should have disqualified themselves from voting. Mayor Gulliford scheduled a special meeting for Monday, July 31, 1989, to discuss revenues and for discussions on hiring a new City Attorney. He said a search committee of citizens, attorneys, and possibly one Commissioner could be selected to conduct the search and also to make recommendations with regard to an agreement. Councilman Rick Sauls of Neptune Beach said he wished to clarify any questions the Commission may have regarding the lease of the FOP lodge building. Mayor Gulliford said when the matter was discussed at the last Commission meeting, none of the Atlantic Beach officials had seen the lease but had heard from many sources that the City of Neptune Beach had intended to keep the contents of the building, and felt that some of the comments had been attributed to Neptune Beach employees. Mr. Sauls pointed out nothing in the lease referred to the contents of the building and it was suggested Neptune Beach may wish to clarify this point since this appeared to be the general perception on the street. PAGE ELEVEN V V MINUTES NAME OF JULY 24, 1989 COMMRS. M S Y N There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 9:25 PM. it iak . Gullifor Mayor/Presiding Offi er A1'1'EST: Maureen King, Cit 4 a\%C\ I, T1'esley Bassett , of 393 Royal Palm Drive have been found in violation of the Atlantic Beach City Code for operating a church from my home. This is not true , as I intend to show. I do have two gatherings in my home per week for the purpose of Christian fellowship. The people who come to my home come as individuals, and are free and sovereign citizens . Te come together to worship God, Pray, study the Bible , and engage in evangelism, in short , for Christian fellowship. But we do not corse together as an organization or an insti- tution. There is no organization that meets in my home. Our fellowhip is not a religious organization, a non- profit organization, a corporation or incorporated body, or any other kind of organization. We do not engage in any kind of business. There is no staff, there are no salaries paid to anyone. There is no charter or articles of incorp- oration, or even a doctrinal statement. This gathering consists primarily of my friends or friends of my friends who come to my home for Christian ,purposes. :'fie do not disturb the peace , park on the neighbors ' lawns , or on the street . Yet I have been instructed to cease immediately from any church related activities on my property. As I have demonstrated, there is no church that is being operated on or from my property. However, if I were a member of a church, according to this order, I would not be allowed to conduct a home prayer meeting or Bible study consisting of some of the members of my church on my property. 2 This decision, rendered by the Code Enforcement Board, is in violation of the Constitutionally guaranteed rights of the citizens . It may appear at first to be a violation of First Amendment rights , however it is not , because the Congress has not abridged any rights . However it is a violation of the Ninth and Tenth Amendments . The Tenth Amendment to the ,,onstitution states that the powers that are not delegated to the Federal Government by the Constitution, or the powers not prohibited by the Constitution to the States , are reserved to the States respectively, or to the people. The right to peacefully gather together and worship God after the dictates of indi- vidual conscience is a right obviously retained by the people, since States as States do not engage in worshipping God. The Ninth Amendment states , "The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. " Therefore it is a vimlation of the Ninth and Tenth Amend- ments to deny or disparage the right of the people as indi- viduals to assemble in an orderly and peaceful fashion, even in a private residence for a Christian purpose, or for any other lawful purpose ; or to deny the right of a private citi- zen from holding such gatherings . Because the gatherings in my home are not meetings of a corporation or organization, but of individual citizens in the home of an individual citizen, we are guaranteed the right to peaceful and orderly assembly for whatever lawful 3 purpose it may be in my home or in the home of anyone else. Also home fellowship groups sponsored by a church or com- prised of members of a church are protected for the same reasons. Having a Christian meeting in my home is no more in violation of the law than if I had a card Fame in my home once a week, or if I had friends over for dinner on a regular basis , or had people over one night a week to discuss pol- itics or some other subject , etc. . No level of government under the Constitution has the right to dictate to a free and sovereign citizen whose home he or she may visit, or when, or how often, or how long, or for what purpose or reason. Nor :.ay it dictate to a sovereign citizen whom he or she may have in his or her own private residence to visit , or when, or how often, or how long, or for what reason or purpose , provided that person or those persons are themselves lawful persons . I therefore appeal to the Government of the City of Atlantic Beach to recognize that I am in violation of no law by having individuals in my home on a regular basis for Christian fellowship and worship. Nor is any citizen in violation of the Code by having home fellowship meetings or home prayer meetings or any other lawful function which is not in itself a church, though it may be related to a church. 4 Furthermore , according to the document I received by certified mail advising me that I have been found guilty of violating the City Code, an official decision was rendered against me by the Code Enforcement Board, or by els . Angers , the Code Enforcement Officer, or both. (The document reads , "We have found you to be in violation . . . .") This decision was rendered, I believe , on the basis of hearsay evidence because it states, "We have reason to believe you are operating a church from your home . . . . " And it was rendered against me without me being informed that such a judgement was pending, and without me having an opportunity to speak for myself. This , I believe, is a breach of due process of law, and is most certainly a breach of good faith between the Citizenry and the Atlantic Beach City Government . I therefore request : 1. That Ms . Angers and whoever else was involved in rendering this decision receive no less than a written and verbal reprimand , and that the written reprimand be per- manently placed in the appropriate personnel file (s ) . 2. That a written apology should be made to me by Ns . Angers and others who may be involved , for rendering this wrong decision in a wrongful manner against a law abiding citizen. Finally, I wish to receive a written statement of the City Council 's decision on this appeal. Thank you. Wesley E. Bas e t 7/24/$9 S ° CITY OF FOR Water Main Installation- ATLANTIC ATLANTIC BEACH Oak Harbor FL D-ARC Gruhn May, BID NLBER 8889-22 Jacksonville Inc. Jax Uti: Jacksonville Jackson, Brief Description Unit Price'Dct. Pric t Pri �Jni Price mit Prim m Install 600' of C-900 or DR 18 8,930 6,870 8" PVC water main in specified --I , area of Oak Harbor. Must meet or exceed `City of Jacksonville specs for water main install- ation. v r 4 P ... 40MA e • • ' . 4 , • Comments: mount Budgeted moat _ CITY OF ATLANTIC BEACH SPECIAL IAL CALIF MEETING, MaiDAY JULY 31, 1989, 7:15 PM AGENDA Call to order 1. Discussion on condemnation of property in Section H for Regional Park 2. Action by the Commission to appoint an interim city attorney 3. Appointment of a committee to develop procedures for retaining new city attorney, and drafting duties of same 4. Budget discussion relative to the general fund and revenues 5. Any other business Adjournment