07-23-90 Public Nuisance Control Board AgendaCITY OF ATLANTIC BEACH
PUBLIC NUISANCE CONTROL BOARD
MONDAY, JULY 23, 1990
3:00 PM
AGENDA
Call to order
1. Designation of temporary Chairman and Vice - Chairman of the Public
Nuisance Control Board to be recommended for appointment by the
City Commission
2. Approval of minutes of the meeting of January 15, 1990
3. Presentation of evidence regarding a complaint against the Voo Swar
Restaurant and Lounge, 51 Robert Street, Atlantic Beach
4. Any other business
Pte`
Adjournment
2233 Seminole Road - No. 8
Atlantic Beach, FL 32233
August 13, 1990
TO: THE MEMBERS OF THE PUBLIC NUISANCE CONTROL BOARD:
The recording of the closing minutes of the final hearing on
the Voo -Swar complaint shows that, besides the 2 -1 vote against
finding the Voo -Swar to be a public nuisance, there was unanimous
agreement on a motion that the Board discuss ways to help Mr. Davis
eliminate any illegal drug or other problems "in the interest of
our total community."As chairman, I asked for specific
recommendations. Several of those present voiced ideas. For
instance, Mr. Miley suggested that Mr. Davis be given a greater
role in any group formed to eliminate drug problems in the area
surrounding the Voo -Swar. Chief Thompson and Mr. Jacobson appeared
to agree that some recommendations should be made to the City
Commission through Mayor Gulliford. Mr. Jensen stated it would be
appropriate for the Board to render a report to the Mayor and City
Commission and to make recommendations. There was further general
elk discussion of a meeting to be held, with Mr. Davis and Chief
Thompson to be present or represented, to formulate recommendations
to be made to the Mayor. There was no formal motion on this
suggestion. In the absence of objection, however, and in view of
the general discussion, we may be justified in reaching a consensus
that recommendations indeed should be made to the Mayor, possibly
concerning a task force or ad hoc committee.
On the other hand, in retrospect, and notwithstanding the
discussion at the conclusion of the hearing, if the Board now
considers that it performed its basic function in its finding of
fact concerning the nuisance and needs to play no further role in
the matter, we can make that decision at a meeting, modify our
report to the Mayor accordingly, and the remainder of this letter
can pretty well be ignored. That might be a viable alternative.
If not, as a starting point for discussion, I am attaching a
rough draft of a letter we might consider to be sent to the Mayor.
It might be appropriate if we should meet at a mutually convenient
hour to consider any changes you may wish to make in this draft.
Under the Sunshine Law, I do not believe we should discuss it
privately, either face -to -face or on the telephone. Also, if there
is any objection to proceeding in the manner outlined above, such
can be voiced at the meeting. I cannot imagine that all the
parties involved would agree that the draft in toto is acceptable,
but if anyone feels that way, please notify Ms. Maureen King, the
City Clerk.
Page Two August 13, 1990
Assuming a meeting is desired, please contact Ms. King as to
the times you will be available so that she can arrange a meeting
at City Hall, preferably within the next two weeks, the earlier the
better. I believe Mr. Jensen, Chief Thompson and Mr. Davis and
his attorney if Mr. Davis wishes) should be invited to be present
if they so desire.
As I state in the draft, I don't believe we should presume to
tell the City Commission how the task force or committee should be
constituted, but we could make suggestions if solicited. If we are
called upon for suggestions, we could consider recommending, for
instance, in addition to a member of the Commission, the Chief of
Police or his designee; a member of the Public Nuisance Control
Board;a member of the clergy, preferably from the black
community; possibly two lay citizens to be designated by the
Commission, and possibly Mr. Jacobson, in view of his familiarity
with and expertise in the problem under discussion. That would be
a seven - member group; any larger group might be unwieldy.
Thank you for your prompt attention to these matters.
ZSincerelyyours,
J. C. Green, Int rim Chairman
Public Nuisance Control Board
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cc: Alan C. Jensen, Esq.
Chief David Thompson
Mr. Earnest Davis
Samuel Jacobson, Esq.
Ms. Maureen King
DRAFT
2233 Seminole Road - No. 8
Atlantic Beach, FL 32233
Date
Hon. William I. Gulliford, Mayor
City of Atlantic Beach
P. O. Box 25
Atlantic Beach, FL 32233
Dear Mayor Gulliford:
At the conclusion of its recent hearing on a complaint by
Police Chief David Thompson that the Voo -Swar Restaurant and
Lounge, 51 Robert Street, is a public nuisance under the provisions
of Sections 2.161-2.170 of the City Code, the Public Nuisance
Control Board voted 2 -1 not to declare this establishment a public
nuisance.
The majority felt that the preponderance of the evidence
failed to conclusively show that the Voo -Swar premises had been
used on more than two occasions as the site of unlawful sale or
delivery of controlled substances, as set forth in the ordinance.
In addition to that issue, Chief Thompson's firm position was that
the Voo -Swar is a magnet for drug dealers and neighborhood
violence, at least in the vicinity of the establishment, and that
Mr. Earnest Davis, as proprietor, should assume greater
responsibility for whatever occurs in the immediate vicinity of the
Voo -Swar. On the other hand, the Board notes the contention of Mr.
Davis (with which the majority of the Board basically agrees) that
he has taken substantial measures, including the expense of hiring
security guards, to keep drug deals and other forms of crime from
taking place on his premises, and that it is the basic
responsibility of the Police Department to deal with any type of
illegal activity that occurs in the vicinity of the Voo -Swar.
In addition to the finding that the Voo -Swar does not
constitute a public nuisance, and in view of the various issues and
conflicting views produced at the hearing, the Public Nuisance
Control Board agreed in principle and it appears that Chief
Thompson and Sam Jacobson, attorney for Mr. Davis, also agree) that
recommendations should be made to the City Commission leading to
cooperative efforts to deal with illegal drugs in the community in
which the Voo -Swar is located. In the Commission's discretion,
that effort could be extended throughout the city.)
Page Two Date
The foregoing considered, the Public Nuisance Control Board
hereby recommends that the City Commission of Atlantic Beach
consider the appointment of a task force or ad hoc committee to
study the drug problem under discussion here and to report its
finding and recommendations, if any, to the Commission. The Board
feels that the study should include, but not necessarily be limited
to, the following subjects:
Comparative responsibilities of the Police Department on
the one hand, and Mr. Davis and other owners of business
establishments on the other hand, for taking preventive measures
against illegal drug dealings and other misdeed's in the immediate
vicinity of the establishments.
What is the proper role, if any, of lay community groups
crime watch, religious organizations, etc.) in assisting the
Police Department, owners of business establishments, and any other
involved agencies in fighting the drug trade.
The need, if any, of additional resources being made
available to the Atlantic Beach Police Department for the fight
against illegal drugs, and possibly other forms of crime.
The need and /or desirability, if any, of other law
enforcement agencies cooperating with the Atlantic Beach Police
Department in the war on illegal drugs within Atlantic Beach. This
would include the possibility of increased participation by the
Sheriff's Office of the City of Jacksonville, particularly in view
of the substantial tax revenues made available to the City of
Jacksonville by residents of Atlantic Beach for general purposes,
above and beyond the contributions of those citizens to the City of
Atlantic Beach.
What, if anything, can be done to increase representation
of minorities on the City of Atlantic Beach police force, assuming
that is desirable.
The Public Nuisance Control Board is concerned, as we are sure
the City Commission is concerned, with all ramifications of the
illegal drug problem. Extensive testimony and argument in the Voo-
Swar case indicates that there are complexities in this situation
having to do with sociological issues and race relations.
Accordingly, we feel that the black community needs to have
significant representation on any group you may decide to designate
to deal with the problem. The Board will not attempt to dictate
the makeup of the task force to the City Commission. We feel,
however, that if the Commission desires, to give the task force
e more weight, and provide the Commission with more input into the
process as well as feedback opportunity, the Commission might
low
Page Three Date
consider designating one of its own members as a member of the task
force. The Board does have some ideas concerning the makeup of an
effective task force, and we will be happy to share our thoughts
with the Commission if that is desired.
Should you or any other member of the City Commission have any
questions concerning this report, please do not hesitate to call on
us.
Sincerely,
J. C. Green
Interim Chairman
Public Nuisance Control Board
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