07-28-86 v AGENDA
CITY OF ATLANTIC BEACH
July 28, 1986
Call to Order
Invocation and Pledge to the Flag
1. Approval of the minutes of the regular meeting of July 14, 1986
2. Recognition of visitors
3. Commissioner Morris with a report from the committee appointed to
evaluate the bids on playground equipment for Russell Park
4. Mayor Howell with a report from the committee appointed to evaluate
bids on new lighting for the tennis courts in Russell Park
5. Action by the City Commission on approval of preliminary plat for
Snug Harbor, a replat of Blocks 189, 190, and 191, Section H
6. Action by the City Commission to set a proposed millage rate for
the budget year commencing October 1 , 1986, and setting a public
hearing on the adoption of a tentative budget and proposed millage
for Tuesday, September 2, 1986, at 7:15 PM at City Hall
7. Action on Resolutions:
Resolution 86-12 authorizing transfer of contingency funds to Parks
and Recreation for partially funding the playground equipment and
tennis court lighting at Russell Park and for the refurbishing of
Howell Park. Authorizing increase in expenditures in the Buccaneer
Water District, reflecting the allocation of revenues and expendi-
tures from 19% to 33% for water, and providing for the transfer of
$35,000.00 from Buccaneer Sewer to Buccaneer Water for deferring
the costs involved in construction of the water system improvements
to the Navy off-base housing project, as well as $13,000.00 for new
meters for the Buccaneer district.
8. Action on Ordinances:
A. Ordinance 90-86-108
Introduction of an Ordinance amending the Zoning Ordinance to
provide for cabinet shops as a use by exception in Commercial
General Districts and setting a public hearing for August 11,
1986
B. Ordinance 90-86-109
Introduction and first reading of an Ordinance authorizing the
rezoning of Lots 1 and 2, Block 70, Section H, from RG-1
Residential General to CG Commercial General for a cabinet
shop and setting a public hearing for August 11, 1986
C. Ordinance 25-86-18
Introduction of an Ordinance proposing to change the effective
date on the Coastal Code from March 1, 1986 to January 1,
1987, and setting a public hearing for August 11, 1986
D. Ordinance 95-86-30
Public hearing and final reading of an Ordinance relative to
registration of dogs and cats, and fees and penalties for
various acts perpetrated by said dogs and cats
10. Action by the City Commission to acknowledge receipt of an applica-
tion for a use by exception for a home occupation in Selva Marina,
and setting of a public hearing for August 11, 1986
11. Action by the City Commission to acknowledge receipt of an applica-
tion for use by exception for mini warehouses in a Commercial
General district off Atlantic Boulevard, and setting of a public
hearing for August 11, 1986
12. Miscellaneous
13. Adjournment
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD AT CITY HALL ON JULY 28, 1986 AT 7 :15 P.M. V V
O O
T T
PRESENT: William S. Howell, Mayor-Commissioner E E
Robert B. Cook, Sr. D D
Glenn A. Edwards
William I. Gulliford, Jr.
John W. Morris, Jr. , Commissioners M S
O E
AND: Richard C. Fellows, City Manager T C
Claude L. Mullis, City Attorney I 0 Y
Adelaide R. Tucker, City Clerk NAME OF ONEN
COMMRS. N D S 0
The meeting was called to order by Mayor Howell. 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 14, 1986
Motion: Approve the minutes of the regular meeting of July 14, 1986 Cook x
as submitted. Edwards x x
Gulliford x
No discussion before the vote. Motion carried unanimously. Morris x x
* * * * * * * * * * * * * * * * * * * * * ;: * * * * * * * * * * Howell x
2. Recognition of Visitors
Ar. Ronald Brew, representing Teril Watson, 645 Ocean Blvd. asked for
Commission help to have a water meter installed in front of their house.
Her water meter is located on Beach Avenue and for the past 26 years,off
and on, the water bills have reflected excessive water usage which they
felt was not correct. City Hall had informed Ms. Watson they would re-
place the meter for $500. but he felt after paying excessive water bills
for the past 26 years the city should move the meter. Mr. Fellows said
one of the main problems in moving the meter was the main line was on
the west side of Ocean Blvd. and the city would have to cut the street
or jack under so that was the reason for the cost estimate. Mayor Howell
suggested they use the existing lines and move the meter west onto their
property. Mr. William McGee suggested the city install two meters for a
few months and see if one leaked. Mr. Brew said he would contact Mr.
Fellows again.
3. Commissioner Morris with a report from the committee appointed to
evaluate the. bids on playground equipment for Russell Park
Commissioner Morris reported the Committee met on Tuesday, July 22,1986
and following a full discussion on the relative merits of each of the
companies bidding, recommended award be given to the lowest bidder,
Hunter-Knepshield of Louisville, Ky. in the amount of $10,021.33, less
a $600. deduct for purchasing all of the equipment at once. They were
also protected by bid bonds. The specifications required the equipment
be placed on site at Russell Park. Commissioner Morris added Hunter-
Knepshield had also offered a liability policy on the equipment that the
other bidders had not offered.
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3.Committee Report on playground equipment - continued
Motion: Award the bid for playground equipment to Hunter-Knepshield Cook x
of Louisville, Kentucky for the amount of $10,021.33, less Edwards x x
$600.00 for purchasing all the equipment at one time. Gulliford x
Morris x x
No discussion before the vote. Motion carried unanimously. Howell x
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4. Mayor Howell with a report from the committee appointed to evaluate
bids on new lighting for the tennis courts in Russell Park
Mayor Howell reported the Committee met to evaluate bids on new lighting
for the tennis courts in Russell Park, and also discussed the possibility
of installing a meter, but they agreed it would only step up vandalism.
He advised if the Commission wanted to put in new lighting, the Committee
recommended the bid be awarded to Des Jardins's Electrical Service,
Orange Park in the amount of $11,595.00. Mayor Howell added if the bid
was awarded, $1,616.00 would have to be transferred from General Govern-
ment Contingency, required because of shortfalls. $20,000 was budgeted
for playground equipment and lights for the tennis courts, and the two
bids would total $21,616.00.
Motion: Award the bid for new lighting for the tennis courts in Cook x
Russell Park to Des Jardin's Electrical Service, Orange Edwards x
Park in the amount of $11,595.00. $1 ,616.00 to be trans- Gulliford x x
ferred from General Government Contingency. Morris x
Howell x x
No discussion before the vote. Motion carried unanimously.
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5. Action by the City Commission on approval of preliminary plat for
Snug Harbor, a replat of Blocks 189, 190, and 191, Section H
Motion: Forward the preliminary plat for Snug Harbor, a replat of Cook x
Blocks 189, 190, and 191, Section H to the Advisory Edwards x x
Planning Board for their recommendations. Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
• * * * * * * * * * * * * * * * * * * * ;e * * * * * * * * * * * Howell x
6. Action by the City Commission to set a proposed millage rate for
the budget year commencing October 1, 1986, and setting a Public Hear-
ing on the adoption of a tentative budget and proposed millage.
Mayor Howell advised, for the benefit of the audience, the recommendation
of the millage that the City Manager would propose was a recommendation
on the budget that was coming to the City Commission. It did not mean
that would be the millage. What Mr. Fellows was proposing was the
maximum millage the City could levy. He expressed the opinion the final
millage would be less than the proposed millage.
4r. Fellows explained the budget had been prepared with the roll-back
rate in place. However, in order to fund some additional Public Safety
personnel, he asked the City Commission to give consideration to levyirg
an additional 3/10 of a mill to pay for additional police and fire
protection. The roll back was 1.889 and the increase would be 2. 189.
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JULY 28, 1986 COMMRS. MSYN
6. Action to set proposed millage rate - continued
Motion: Adopt the tentative millage rate for 1986-87 at the roll- Gulliford x
back of 1.889.
The motion died for lack of a second.
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Motion: Adopt the tentative millage rate for 1986-87 at 1.9535. Morris x
Commissioner Morris said he hoped to work down toward Cominissioner
Gulliford's proposed rate. The motion died for lack of a second.
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Motion: Adopt the tentative millage rate for 1986-87 at 2. 189. Cook x
Edwards x
During discussion before the vote, Commissioner Gulliford clearly
stated he would vote against the motion. He said "increased taxes
promote unnecessary government expansion. You need to establish a
limit and then determine your priorities." Commissioner Morris also
stated he would vote against the motion and said "there were too many
feathers on the turkey. Budgets are like turkeys. They're made to
varve up".
Mayor Howell agreed with both Commissioners, but said "right at this
moment we are looking down the throat of a new sewer plant that had
just commenced, and also a million dollar loan the city was ready to
close on." He urged adoption of the proposed rate to protect the city in
"the highly unlikely event" that the budget could not be cut. He told the
City Manager he had better look at 1.889 maximum, but he did not want to
close the door in the event of some wild stretch of the imagination that
Mr. Fellows might have a perfect budget, such as he had never seen in his
26 years in city government.
Commissioner Gulliford asked Mr. Fellows how much unrestricted funds
would be carried over, and he said approximately 1.2 million in the
General Fund. He added, in so far as new personnel was concerned and
specifically and particularly Public Safety personnel, the use of un-
restricted cash carry forward was not the way to fund additional full-time
police personnel. These departments and their services are traditionally
funded from taxes and the recommended 3/10 of a mill increase is targeted
specifically for the purpose of funding the salaries of two additional
police officers and the part-time paid volunteers. Commissioner Gulliford
commented he did not feel Mr. Fellows needed to increase the millage
necessarily for additional fire and police protection. He generally agreed
with the fact they probably needed some additional people.
:ommissioner Cook agreed the millage proposed was way too high, but
if his motion was adopted, they could sit down with the proposed budget
and cut to get the figure down where it belonged.
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JULY 28, 1986 COMMRS. MSYN
6. Proposed millage rate - continued
The question was called and the motion carried with a three to two Cook x x
vote. Commissioners Gulliford and Morris voted nay. Edwards x x
Mayor Howell called for a Special Meeting for September 2, 1986 at Gulliford x
7: 15 p.m. for the purpose of holding a Public Hearing for the adopt- Morris x
ion of the tentative budget and then the millage. Howell x
* * * * * * ;: * * * * * * * * * * * * * * * s; * * * * * * *
7. Action on Resolutions: Resolution No. 86-12
Mayor Howell presented in full, in writing Resolution No. 86-12, a
Resolution transferring certain monies between funds, authorizing the
transfer of contingency funds to Parks and Recreation for partially
funding the playground equipment and tennis court lighting at Russell
Park and for the refurbishing of Howell Park. Authorizing increase in
expenditures in the Buccaneer Water District, reflecting the allocation
of revenues and expenditures from 19% to 33% for water, and providing
for the transfer of $35,000.00 from Buccaneer Sewer to Buccaneer Water
for deferring the costs involved in construction of the water system
improvements to the Navy off-base housing project, as well as $13,000.
for new meters for the Buccaneer district.
Motion: Passage of Resolution No. 86-12. Cook x
Edwards x x
Copy of Resolution 86-12 attached hereto and made a part Gulliford x x
hereof. No discussion before the vote. Motion carried Morris x
unanimously. Howell x
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8. Action on Ordinances:
A. Ordinance 90-86-108 - First Reading
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 24, ARTICLE III, DIVISION 5, SECTION 24-111,
SUBPARAGRAPH (c) TO PROVIDE CABINET SHOPS AS ALLOWABLE BY EXCEPTION;
PROVIDING AN EFFECTIVE DATE.
Mayor Howell presented Ordinance No. 90-86-108 in full, in writing on
first reading.
Cook x
Motion: Passage of Ordinance No. 90-86-108 on first reading. Edwards x x
Gulliford x
No discussion before the vote. Motion carried unanimously. Mayor Morris x x
Howell set the Public Hearing for September 8, 1986. Howell x
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B. Ordinance No. 90-86-109 - First Reading
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA; AMENDING THE LAND DEVELOPMENT CODE AND THE OFFICIAL ZONING MAY
OF THE CITY OF ATLANTIC BEACH, FLORIDA TO REZONE LAND OWNED BY AMERICAN
ALLOYS AND REFRACTORIES CO. , AND DESCRIBED AS LOTS 1 & 2,BLK 70,Sec. H;
FROM RG1 TO CG AND PROVIDING AN EFFECTIVE DATE.
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JULY 28, 1986 COMMRS. MS Y N
Action on Ordinances - continued
Mayor Howell presented Ordinance No. 90-86-109 in full, in writing, on
first reading.
Cook x x
Motion: Passage of Ordinance No. 90-86-109 on first reading. Edwards x x
Gulliford x
During discussion before the vote, Mr. Fellows stated the Advisory Morris x
Planning Board had recommended approval. The question was called and Howell x
the motion carried unanimously. Mayor Howell set the Public Hearing
for August 11, 1986.
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C. Ordinance No. 25-86-18 - First Reading
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA; AMENDING ORDINANCE NO. 25-86-17 KNOWN AS THE "COASTAL CODE";
AMENDING SECTION 2 OF SAID ORDINANCE TO PROVIDE AN EFFECTIVE DATE OF
JANUARY 1, 1987; PROVIDING AN EFFECTIVE DATE.
Mayor Howell presented Ordinance No. 25-86-18 in full, in writing,
on first reading.
Motion: Passage of Ordinance No. 25-86-18 on first reading. Cook x
Edwards x x
Gulliford x x
Following discussion, the question was called and the motion carried Morris x
unanimously. Mayor Howell set the Public Hearing for August 11, 1986. Howell x
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D. Ordinance No. 95-86-30 - Second and Final Reading-Public Hearing
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA; AMENDING CHAPTER 4, ARTICLE II, TO REWRITE SECTION 24-22 IN ITS
ENTIRETY; AMENDING SECTION 4-23 AND SECTION 4-24 TO PROVIDE ANIMALS
PLACED IN SHELTERS MUST BE HELD FOR A MINIMUM OF THREE DAYS WITH EXCEPT-
IONS FOR RELEASE SOONER; AMENDING SECTION 4-26 TO CREATE SUBPARAGRAPH
(c) PROVIDING THE OWNER OF ANY DOG OR CAT FOUND DEFECATING UPON ANY
PUBLIC PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF ATLANTIC BEACH
SHALL BE FINED IN ACCORDANCE WITH THE TERMS OF THIS ARTICLE UNLESS SAID
DEFECATION IS IMMEDIATELY CLEANED UP BY SAID OWNER; CREATING SECTION
4-30 TO PROVIDE CITATIONS AND PENALTIES; PROVIDING AN EFFECTIVE DATE.
Mayor Howell presented in full, in writing Ordinance No. 95-86-30 on
second and final reading. Said Ordinance was posted in line with Charter
requirements. He opened the floor for a Public Hearing and invited
comments from the audience. Marge Angelo, 387 6th St. asked if dog
owners were required to have both Duval County and Atlantic Beach tags.
The City Attorney will check on the requirements and report back. She
ilso asked if the city had any future plans for their own shelter. The
layor said no, that was part of the double taxation agreement with the
City of Jacksonville. He suggested she call Councilman Forrest Boone
to see if he could help on obtaining a local shelter at the beaches.
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8. Action on Ordinances - continued -Dogs No.95-86-30
Mrs. Dorothy Kerber, 365 1st St. said cats were just as much trouble as
the dogs. She asked if the Animal Control Officer would be ticketing the
cat owners also if they were not on a leash. Mayor Howell said that was
a good question. No one responded to Mrs. Kerber's question. Paula Lemano,
199 Beach, Barbara Bonner, 426 Selva Lakes Circle, Ken Heindel, 440 Ocean
Blvd, and Ruth Gregg, 905 Sailfish Drive were for passage of the Ordi-
nance. Jo Ann and Bob Martin, 280 E. Coast Drive were against passage
of the Ordinance. Mrs.Martin complemented Commissioner Cook on his com-
ments made at the last hearing on dogs. She said they felt the dog owners
had already compromised,and the proposed Ordinance was pure harassment to
them. Mr.McGee, 1831 Selva Marina noted "when you pass a law, you have to
enforce it or it doesn't mean anything." He asked how many licenses had
been issued compared to the number of dogs and was the city enforcing
that law. He warned the Commission to be careful as he felt they were
looking at a set of problems that were a lot more than just saying "let's
go ahead and clean up after our dogs". Mayor Howell told him as of July
6, 1986 the city now has a full time animal control officer who has iss ed
more than 50 citations. Also, license tag sales have picked up. He said
they intended to enforce the law. Ruth Gregg, 905 Sailfish Dr. said there
were 7 dogs on her street running loose that do not get rabies shots. As
no one else spoke for or against, the Mayor closed the Public Hearing.
Motion: Passage of Ordinance No. 95-86-30 on second and final Cook x
reading. Edwards x
Commissioner Morris asked how long the city had been holding animals
the control officer had picked up. Mr.Fellows said the three picked up
were released almost immediately. Dogs picked up are held until the
animal control people from Jacksonville pick them up which was once
daily. Commissioner Cook said he would vote for the Ordinance, but felt
they were being punished because of the results of the prior Ordinance.
He said he had owned a dog since he was a small boy and played and
wrestled with them all of his life, but had never had a case of impetigo,
ringworm or any other kind of skin eruption because of it. He also felt
it was incumbent on the parents of children to control the children as
much as they want us to control our dogs, and he also felt harassed anc.
it was an undue punishment. He concluded by saying he would vote for the
Ordinance, because out of strict courtesy, he could not argue against
picking up dog defecation off of the neighbor's lawn.
Commissioner Gulliford observed unfortunately like the character in the
ugly American, Commissioner Cook would get it from his prospective and
not necessarily what happened with other people. Objectively, he said
the young lady that referred to the problems with dogs was referring to
those dogs owned by irresponsible people, just as the children he re-
ferred to, and when you let your dogs run loose, obviously they will get
into things that can transmit diseases. He agreed they were taking a
punitive action because people were irresponsible, but one wrong did not
correct another wrong, and he felt they should address the human waste
on the beach also.
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JULY 28, 1986 COMMRS. MSYN
Action on Ordinances - continued - Dogs
Commissioner Gulliford objected to the fine of $50.00 for each offense.
He suggested some consideration be given first offenders that at least
the individual could be called and warned. Mr. Fellows advised the Judge
that heard the cases suggested the city follow the Administrative Order
he had issued which was: 1st offense - $25.00; 2nd offense - $40.00, 3rd
offense - $75.00, and the 4th offense was a mandatory court appearance.
The Judge also suggested the Ordinance, relative to the violtion, be
changed to read "violations shall be punishable by a fine of not more
than $500.00 and then the sentencing procedures would be up to the Judge.
Discussion followed. Chief Thompson advised the fine structure was in
lieu of a court appearance. According to Mr. Taylor with Animal Control,
it was possible for the Judge to find someone guilty, yet waive the fine.
Substitute Motion: Passage of Ordinance No. 95-86-30 on second and Gulliford x
final reading with the following amendments: Morris x
Amend the Ordinance to change Section 4-30(b) to
read: "Violations of this article shall be punishable by a
fine of $25.00 for the 1st offense; $40.00 for the 2nd
offense, and $75.00 for the 3rd and subsequent offenses."
Amend Section 4-22 (b) page 2, line 2, to read "Tags will
also be available at City Hall and may be issued to those
persons having rabies inoculation certificates issued by
licensed veterinarians."
Section 4-22(b) add "Registration fees received at the
offices of veterinarians participating shall be divided
equally with the city."
Amend Sec. 4-26 (c) such defecation or damage is immediately
removed and/or repaired to the satisfaction of the city.
Strike the words "to the satisfaction of the city".
The Chair declared the substitute motion was not a substantial change Cook x
and therefore could be acted on for final reading that night. The Edwards x
question was called and the substitute motion carried with a four to Gulliford x
one vote. Commissioner Cook voted nay. Morris x
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10 Action by the City Commission to acknowledge receipt of an applica-
tion for a use by exception for a home occupation in Selva Marina, and
setting a Public Hearing.
The question of whether home occupations were allowed in Selva Marina
covenants and restrictions was discussed at length. Mayor Howell acknow-
ledged receipt of the application and set the Public Hearing for August
ll, 1986.
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11. Action by the City Commission to acknowledge receipt of an
application for use by exception for mini warehouses in a Commercial
General district off Atlantic Blvd. and setting a Public Hearing
Mayor Howell acknowledged receipt of the application and set the
Public Hearing for August 11, 1986.
12 Miscellaneous
Mr. Bob Hill of Bessent, Hammack, & Ruckman offered their estimated
construction design costs for each of the three areas of the Master Plan
for providing city services in Section H. He briefly outlined what they
planned to do. Tentative schedule was to begin on August 1,1986. He
asked for guidance when the Commission desired them to commence.
Following discussion on financing $178,000.00 for construction design
and contingency costs, the Commission agreed to hold a Workshop meeting
on Monday, August 4, 1986 at 7:00 p.m.
Commissioner Morris commented there had been a lot of talk about the
mess of human and animal on the beach and asked if anyone had ever in-
vited State sanitary and County health people here to inspect just how
safe/unsafe the beach was. Mayor Howell said no, but until just recently
the beach was washed twice daily with the ocean. Commissioner Morris
offered for future thinking the point that as the city grows and our need
for recreation grows, the greatest park and recreational facility we
Lad was the beach. He asked if it could be possible to place the beach
under a Park and Recreation Department within the city and give it the
proper clean-up as the city does Russell and Donner parks, and possibly
give us some advantages to grant monies for recreation. Mayor Howell
reminded him of the last renourishment when the sand fences were put
in and the sea oats planted which now prohibits the Jacksonville beach
cleaner machine from being used when it was not broken. He felt the
basic point was getting the people to cooperate. He suggested trash
cans be placed on the beach again at all street ends.
Commissioner Gulliford said relative to the dog ordinance just passed,
he felt the city did not sufficiently inform new citizens on rules and
regulations of our city. He suggested someone draft a sheet of our
regulations to be passed out or mailed to all new residents. Mr. Fellows
said they have just recently added to their information sheet relative
to dogs, and he would mail these out if the Commission desired. No action.
Mayor Howell acknowledged receipt of a letter from Dept of Community
Affairs concerning a disaster redevelopment contract. The City Attorney
advised the Couu«ission to go under contractual agreement.
Motion: Move for the city to go under contractual agreement and Cook x
authorize the Mayor to execute the contract. Edwards x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x x
;; * ° * Howell
Chere being no other business to come before the Cow- issi.n, the Mayor
ieclared the meeting adjourned at 9:25 p.m.
ATTEST: " ! 41/ '-owell
Adelaide Tucker,City Clerk Mayor/Presiding Officer