10-25-89 v CITY OF ATLANTIC BEACH
SPIAL MEETING OCTOBER 25, 1989
ACS
Call to order
1. Action by the City Commission to select new City Attorney
2. Any other business
Adjournment
MINUTES OF THE SPECIAL CALLED MEETING OF THE ATLANTIC BEACH CITY COMMISSION
HELD AT CITY HALL ON OCTOBER 25, 1989 AT 7:15 PM
The meeting was called to order by Mayor Gulliford. Present in addition to
the Mayor were Commissioners Cook, Edwards, Jensen and Tucker. Also present
were City Manager Leinbach and Acting City Clerk Moore.
1. Action by the City Commission to select new City Attorney
Commissioner Jensen at this time excused himself from the meeting.
Commissioner Cook questioned the procedure in selecting the City Attorney,
Mayor Gulliford stated there has to be a vote rather than rating each
candidate. The attorneys' fees were discussed and Mayor Gulliford felt that
due to higher fees and little municipal experience, Taylor, Day & Rio's firm
should be out of contention.
Commissioner Cook stated his objection to Commissioner Jensen becoming the
City Attorney due to the fact that he had previously resigned as the City
Attorney to move to Indiana; and he thought it was inappropriate for the
person who led the charge to oust the previous City Attorney to run for the
position. Commissioner Edwards stated he felt the City should have an
independent attorney who was not on the City Commission; and Commissioner
Jensen moved to Indiana and was not working in the State of Florida
continuously for ten years. Mr. Arnold stated that as long as Commissioner
Jensen kept his license and paid his dues, he was a continuously active
member of the Florida bar. Commissioner Tucker said she felt the City
Manager needed a City Attorney who had some type of municipal experience.
Discussion continued relative to the experience of the candidates in
municipal law. Mr. Arnold stated he had checked with all three candidates
and they were all qualified individuals however he feltthe appointment
should go to someone who has handled problems of a small municipality.
At this time Mayor Gulliford made a brief statement as to what the objective
of the City Commission was and that was to vote for a city attorney and keep
the best interest of the City in mind.
Mr. Arnold asked to be excused to attend another meeting in Jacksonville
Beach. He did state before leaving that in the event of a deadlock on the
vote, if Commissioner Jensen declared a conflict, under state law if he is
present at the meeting, he has to vote.
Further discussion ensued as to the necessity of a City Attorney, the fees
of each candidate and their qualifications.
Commissioner Tucker moved to appoint Alan Jensen as City Attorney
at $18,000 a year retainer and $75.00 an hour litigation fee. The
motion was seconded by Mayor Gulliford.
No discussion before the vote. On a roll-call vote,the motion was a 2-2
deadlock with Commissioners Cook and Edwards voting Nay, and Commissioner
Tucker and Mayor Gulliford voting Aye.
PARAGRAPH THREE SHOWS CORRECTION. SEE MINUTES OF NOVEMBER 7, 1989 MEETING.
PAGE TWO
MINUTES OF SPECIAL COMMISSION MEETING
OCTOBER 25, 1989
Commissioner Cook moved to appoint Howard L. Dale with the Law
firm of Dale and Bald as City Attorney. The motion was seconded
by Commissioner Edwards.
No discussion before the vote. On a roll-call vote,the motion was a 2-2
deadlock with Commissioners Cook and Edwards voting Aye, and Commissioner
Tucker and Mayor Gulliford voting Nay.
Mayor Gulliford stated if Commissioner Jensen would like to vote he would
call a special meeting and give him the opportunity to do so. (At this time
the Mayor adjourned and then reopened the meeting to discuss
advertising) .Commissioner Cook asked the Mayor to pass a resolution
authorizing the City Clerk to readvertise if Commissioner Jensen decides not
to vote. Mayor Gulliford stated you did not need a resolution but rather
authorize the City Clerk to advertise. City Manager Leinbach asked whether
the qualification would change from the last advertisement. Commissioner
Cook suggested the Mayor appoint another committee to review applicants.
Mayor Gulliford stated he thought the committee members were very capable
but he had no problems with appointing a new committee. Mayor Gulliford
instructed the City Manager to make contact with Commissioner Jensen as to
voting and depending on the outcome of that conversation contact Mr. Ron
Della Porta to reconvene the committee as to whether they would like to
change the advertisement, the City would readvertise.
2. Any other business
There being no further business, the Mayor declared the meeting adjourned at
8:45 PM.
(Since Commissioner Jensen had not left the building, but was awaiting the
outcome of the vote, it was decided to reconvene the meeting)
The Mayor reopened the meeting at 8:50 PM with Commissioner Jensen in
attendance. Mayor Gulliford stated the Commission voted on two of the
applicants with the vote deadlocked on both votes.
Commissioner Jensen stated he would like the opportunity to review the
applicants resume and their proposals. After he reviewed the application of
Howard Dale, he stated that Mr. Dale was a real estate lawyer. He heard the
objections against him becoming City Attorney from Commissioners Cook and
Edwards. Commissioner Jensen replied that he respected both Commissioners
Cook and Edwards opinions. He stated he was not looking at the City of
Atlantic Beach the way other law firms may look at it, he felt the City
Attorneys position was a public service and his charges were based on a love
for the City.
Commissioner Tucker moved to appoint Alan Jensen as the City
Attorney at a fee of $18,000 per year retainer and $75.00 an hour
for litigation. The motion was seconded by Mayor Gulliford
PAGE THREE
MINUTES OF THE SPECIAL COMMISSION MEETING
OCTOBER 25, 1989
Commissioner Cook raised the question during discussion if Commissioner
Jensen had declared a conflict. Mayor Gulliford stated Commissioner Jensen
would declare a conflict at the time he votes.
No discussion before the vote. On a roll-call vote,the motion carried on a
three to two vote with Commissioners Cook and Edwards voting Nay and
Commissioner Tucker and Jensen and Mayor Gulliford voting Aye. Commission
Jensen declared a conflict but felt according to state law he must still
vote.
Mayor Gulliford informed Commissioner Jensen he would have to resign his
position as commissioner within 15 days.
There being no further business to come before t - ommission, the Mayor
declared the meeting adjourned at 9:10 p.m.
A //A 4
William I. Gulliford, : �
Mayor
/C a .1
Karen S. Moore
Acting City Clerk