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01-23-95 v 4 4 ATLANTIC BEACH CITY COMMISSION JANUARY 23, 1995 AGENDA Call to Order Invocation and pledge to the flag 1 . Approval of the minutes of the Regular meeting of December 12, and Special Called Meetings of December 19, 1994 and January 17, 1995. 2. Recognition of Visitors a. Introduction of new employees b. Presentation of 1993/94 audit report (Kim Leinbach) c. Discussion and subsequent action relative to fence on city right-of-way at 1850 Ocean Grove Drive (George Worley, Don Ford) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. 3. Consent Agenda: a. Acknowledge receipt of Code Enforcement activity report for the month of December b. Acknowledge receipt of Building Department activity report for the month of December c. Acknowledge receipt of Adele Grage Community Center usage report for the month of December d. Acknowledge receipt of financial report for the three- month period ending December 31, 1994 e. Accept the bid of Kimmins Recycling for demolition of seven houses as specified in Bid No. 9495-6 4. Committee/Board Reports: a. Report from Recreation Advisory Board 5. Action of Resolutions: a. Adoption of Resolution No. 95-3 in memory of Oliver Ball b. Adoption of Resolution No. 95-1 recognizing GATX Logistics, Inc. for their contribution of materials, time and talent in the construction of a Habitat home c. Adoption of Resolution No. 95-2 authorizing various budget adjustments (Ann Meuse) 0110 d. Adoption of Resolution No. 95-4 instructing staff to research the feasibility of developing a dog run in Johansen Park (Commissioner Weiss) ** Amended to add Agenda Item 7a(iv) Page Two AGENDA January 23, 1995 e. Adoption of Resolution No. 95-5 instructing staff to establish procedures to develop a flat rate for solid waste collection fees (Commissioner Weiss) f. Adoption of Resolution No. 95-6 instructing staff to establish a procedure for the reduction of solid waste collection fees (Commissioner Weiss) g. Adoption of Resolution No. 95-7 instructing staff to establish a procedure for the return of certain ad valorem taxes (Commissioner Weiss) 6. Action of Ordinances: a. Public Hearing and final reading of Ordinance No. 55-94- 28 rewriting Chapter 16 of the City Code to provide for a franchise for the collection of solid waste in Atlantic Beach (Kim Leinbach) b. Introduction and first reading of Ordinance No. 25-95-26 amending Chapter 6 of the City code to adopt the 1993 National Electrical Code 7. New Business: a. Board Appointments: ( i ) Two seats on Pension Board of Trustees (Terms expired 12/31/94) (ii ) Two seats on Tree Conservation Board (Current terms expire 1/31/95 ) ( iii ) One seat on Community Development Board to fill unexpired term (Term expires 12/31/95) **( iv) One seat on Recreation Advisory Board to fill unexpired term (Term expires 10-1-98 ) b. Approve purchase of new Ford F-150 pickup truck at State Contract price, for the Public Works Department (Bob Kosoy) c. Approve purchase of 1995 Jeep Cherokee at State Contract price, for the Fire Chief (Chief Ruley) d. Accept the proposal of Ponte Vedra National Bank for financing the Lease Purchase of vehicles and equipment (Ann Meuse) e. Authorize execution of Community Development Block Grant contract for FY 1994/95 (George Worley) f. Approve ratification of contract between the City and Fraternal Order of Police, Lodge No. 107 (Capt. Campbell ) g. Discussion of proposed amendments to utility ordinance (Ann Meuse) h. Approve contract with Ellis & Associates, Inc. for Materials Testing Services i. Authorize execution of contract with Waste Management Inc. for the collection of solid waste in Atlantic Beach ( Jim Jarboe) 8. City Manager Reports and/or Correspondence: Page Three AGENDA January 23, 1995 9 . Reports and/or requests from City Commissioners, City Attorney and City Clerk: a. Report and subsequent action relative to appointment of a Property Study Committee (Commissioner Shaughnessy) Adjournment If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person who wishes to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. Forms are available at the entrance to the Commission Chambers for your convenience. MINUTES OF THE REGU_LARCALLED MEETING OF ATLANTIC BEACH CITY V V COMMISSION HELD ON MONDAY, JANUARY 23, 1995 O O T T PRESENT: Lyman T. Fletcher, Mayor E E Steven M. Rosenbloom D D Suzanne Shaughnessy J. Dezmond Waters, III, and Robert G. Weiss, Commissioners M S O E AND: Kim D. Leinbach, City Manager T C Alan C. Jensen, City Attorney I 0 Y Maureen King, City Clerk NAMEOF ONEN COMMRS. NDSO The meeting was called to order by Mayor Fletcher. The —• • invocation was followed by the pledge to the flag. Item 5a was taken out of sequence and acted upon. 5a. Resolution No. 95-3 - Recognizing Oliver Ball Mayor Fletcher presented in full, in writing, Resolution No. 95-3 recognizing Oliver Ball, a former City Attorney. ROSENBLOOM X SHAUGHNESSY X Motion: Approve passage of Resolution No. 95-3 WATERS X X WEISS X x No discussion before the vote. The motion carried ?ELTCHER X unanimously. Mayor Fletcher presented the resolution in plaque form to the family of Oliver Ball. Item 5b was taken out of sequence and acted upon. 5b. Resolution No. 95-1 - Recognizing GATX Logistics, Inc. Mayor Fletcher presented in full, in writing, Resolution No. 95-1 recognizing the involvement of GATX Logistics, Inc. in the construction of a Habitat house in Atlantic Beach. ROSENBLOOM X Motion: Approve passage of Resolution No. 95-1 SHAUGHNESEY X WATERS X X No discussion before the vote. The motion carried WEISS X X unanimously. FLETCHER X Mayor Fletcher presented the resolution in plaque form to a representative of GATX Logistics, Inc. 1. Approval of the minutes of the Regular meeting of December 12, 1994, and Special Called meetings of ROSENBLOOM X December 19, 1994 and January 17, 1995 SHAUGHNESSY X X Motion: Approve minutes of the regular meeting of WATERS X X December 12, 1994 WEISS X FLETCHER X No discussion before the vote. The motion carried unanimously. • Minutes, Page 2 January 23, 1995 V V NAME OF COMMRS. MS Y N ROSENBLOOM X Motion: Approve minutes of the Special Called Meeting S HAUGHNE SSY :. X X of December 19, 1994 HATERS X X %'EISS X No discussion before the vote. The motion carried FLETCHER X unanimously. ROSENBLOOM X SHAUGHNESSY X X Motion: Approve minutes of the Special Called Meeting HATERS X X of January 17, 1995 ttiEISS X Commissioner Weiss referred the motion to reappoint Bob FLETCHER X Frohwein to the Community Development Board and he indicated he did not second the motion, but that Commissioner Shaughnessy seconded the motion and he requested that the minutes be corrected to reflect the correct second to the motion. The question was called and the motion carried unanimously. 2. Recognition of Visitors: a. Introduction of new employees Kim Leinbach, City Manager, introduced Allen Sowder, Parks Department Division Director. Captain Campbell of the Atlantic Beach Police Department introduced Angela Key, Emergency Communications Officer. Kim Leinbach, City Manager, introduced introduced John Ruley, Fire Chief. b. Presentation of 1993/94 audit report Kim Leinbach presented a financial report for fiscal year 1993/94. He summarized major accomplishments that had been achieved by the City. He introduced Joe Welch, of Purvis Gray & Company, the City's auditors. Mr. Welch introduced Matt Leary of the Ocala Office. Mr. Welch indicated the financial situation of the city was good, all problems previously identified had been resolved, and there were no negative comments relative to the audit. The Commission commended Ann Meuse for the work she had accomplished to resolve past problems. Item 7f was taken out of sequence and acted upon 7f. Approve ratification of contract between the City and Fraternal Order of Police, Lodge No. 107 Kim Leinbach thanked everyone who had been involved in negotiations. He indicated it had been three years since the last contract, and he asked Captain Campbell to speak to the matter. Captain Campbell, thanked Vic Raynor, Atlantic Minutes, Page 3 January 23, 1995 V V NAME OF Beach F.O.P. Representative and the State F.O.P. COMMRS. MSYN Represeuiaiive for being available and making it possible for the parties to reach an agreement. ROSENBLOOM X Motion: Authorize execution of contract between the SHAUGHNESSY X X City and Fraternal Order of Police, Lodge No. 107 WATERS X X WEISS X No discussion before the vote. The motion carried FLETCHER X unanimously. c. Discussion and subsequent action relative to fence on city right-of-way at 1850 ocean Grove Drive Dan Arlington, owner of 1850 Ocean Grove Drive, felt the corner of the property in question was unique because it faced a parking lot. He explained that he put up a fence to stop people from driving on his property. Commissioner Shaughnessy asked Mr. Arlington if he was aware he was placing the fence in the city's right-of-way, to which Mr. Arlington indicated he was aware he was placing the fence in the city's right-of-way, but that he thought he was making an improvement to the property. It was determined that Mr. Arlington did not obtain a permit when erecting the fence. ROSENBLOOM X X SHAUGHNESSY X Motion: Direct the City Manager to work with staff to WATERS X X find an equitable solution WEISS X :FLETCHER X Following discussion, the question was called and the vote resulted in 2-3 with Commissioners Shaughnessy and Weiss, and Mayor Fletcher voting nay. The motion failed. A discussion ensued regarding the possibility of the placement of landscaping in lieu of the fence. The original motion was brought back on the floor for reconsideration. ROSENBLOOM X SHAUGHNESSY X Motion: Direct the City Manager to work with staff to WATERS X find an equitable solution WEISS X FLETCHER X Following discussion, the question was called and the vote resulted in 4-1 with Commissioner Weiss voting nay. The motion carried. 3. Consent Agenda: a. Acknowledge receipt of Code Enforcement activity report for the month of December b. Acknowledge receipt of Building Department activity report for the month of December c. Acknowledge receipt of Adele Grage Community Center usage report for the month of December Minutes, Page 4 January 23, 1995 V V NAME OF _ COMMAS. MSYN three-month period ending December 31, 1994 e. Accept the bid of Kimmins Recycling for demolition of seven houses as specified in Bid No. 9495-6 Commissioner Weiss requested that items b and c be removed from the consent agenda and Commissioner Waters requested that item e be removed from the Consent Agenda. b. Acknowledge receipt of Building Department activity report for the month of December Commissioner Weiss commented on the growth in the community which was indicated in the Building Department activity report for the month of November. c. Acknowledge receipt of Adele Grage Community Center usage report for the month of December Commissioner Weiss indicated he would like information included on the monthly report indicating the number of occurrences that were held during the month. e. Accept the bid of Kimmins Recycling for demolition of seven houses as specified in Bid No. 9495-6 Commissioner Waters commended the work performed by Kimmins Recycling. The Consent Agenda was unamimously approved. 4. Committee/Board Reports: a. Report from Recreation Advisory Board Cindy Corey gave a report which summarized activities and future plans of the Recreation Advisory Board. 5. Action of Resolutions: a. Resolution No. 93-3 (this was acted upon earlier in the agenda b. Resolution No. 95-1 (this was acted upon earlier in the agenda c. Resolution No. 95-2 - authorizing various budget adjustments Mayor Fletcher presented in full, in writing, Resolution No. 95-2. ROSENBLOOM X Motion: Approve passage of Resolution No. 95-2 SHAUGHNESSY X X W,ATFRS X X WEISS X FLETCHER X Minutes, Page 5 • January 23, 1995 V V NAME OF COMMRS. MSYN Following brief discussion, the question was called and the motion carried unanimously. d. Resolution No. 95-4 - A RESOLUTION OF THE CITY OF ATLANTIC BEACH, ESTABLISHING A PROCEDURE FOR THE DESIGNATION AND USE OF A PORTION OF JOHANSEN PARK AS AN AREA DOGS MAY RUN OFF LEASH, AND ADDING ENABLING LANGUAGE TO MUNICIPAL CODE CHAPTER 4, ARTICLE II Mayor Fletcher presented in full, in writing, Resolution No. 95-4. ROSENBLOOM SHAUGHNESSY X Motion: Approve passage of Resolution 95-4 W ATE RS WEISS X A discussion ensued concerning whether a dog run would be FLETCHER practical. Commissioner Weiss indicated this had worked well in other cities and that the Animal Control Officer felt a dog park would be successful. Commissioner Waters felt the matter should be discussed at an upcoming charette. ROSENBLOOM X Substitute Motion: Defer until after charette SHAUGHNESSY X X WATERS X X WEISS X The question was called and the vote resulted in 3-2 with FLETCHER X Commissioners Rosenbloom and Weiss voting nay. The motion carried. e. Resolution No. 95-5 - A RESOLUTION OF THE CITY OF ATLANTIC BEACH ESTABLISHING A PROCEDURE FOR THE CALCULATION AND USE OF A FLAT RATE FOR SOLID WASTE COLLECTION FEES f. Resolution No. 95-6 - A RESOLUTION OF THE CITY OF ATLANTIC BEACH ESTABLISHING A PROCEDURE FOR REDUCTION OF SOLID WASTE COLLECTION FEES Commissioner Weiss indicated that he had prepared the Resolutions prior to the completion of Ordinance No. 55-94-28, and since the intent of the proposed resolutions hand been addressed through the contract with Waste Management, he asked that the proposed resolutions be withdrawn from the agenda. g. Resolution No. 95-7 - A RESOLUTION OF THE CITY OF ATLANTIC BEACH ESTABLISHING PROCEDURES FOR THE RETURN OF CERTAIN AD VALOREM TAXES Mayor Fletcher presented in full, in writing, Resolution No. ROSENBLOOM 95-7. SHAUGHNESSY', Motion: Approve passage of Resolution No. 95-7 WATERS WEISS X Motion died for lack of a second. FLETCHER 6. Action of Ordinances: Minutes, Page 6 • January 23, 1995 V V NAME OF COMMAS. MSYN a. Ordinance No. 55-94-28 - Public Hearing AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, REWRITING IN ITS ENTIRETY CHAPTER 16, SOLID WASTE, AND PROVIDING AN EFJ!lCTIVE DATE Mayor Fletcher presented, in full, in writing, Ordinance No. 55-94-82, said ordinance having been posted in accordance with Charter requirements. He opened the floor for a public hearing and invited comments from the audience. J. P. Marchioli, 414 Sherry Drive, felt citizens were not given the opportunity to speak to ordinances when the language was being prepared. Mayor Fletcher explained the procedure by which public hearings were conducted was set by the code of the city. Since no one wished to speak further the Mayor closed the public hearing. ROSENBLOOM X X Motion: Approve passage of Ordinance No. 55-94-28 S 3AUGHNESSY X on final reading WATERS X X WEISS X Commissioner Waters questioned why rates were placed in the F:�ETCHE R X ordinance. He felt rates should be adopted by resolution. Kim Leinbach explained rates reflected a 15 percent reduction in cost for residential service, and that commercial rates were competitive. Commissioner Shaughnessy referred to Section 16.3a and 16.11, and felt the language should specifically indicate that it would not be necessary to place large items or items that were of an odd size in closed container. Staff was instructed to address Commissioner Shaughnessy's concerns by placing amended language in the ordinance. The question was called and the motion carried unanimously. b. Ordinance No. 25-95-26 - First Reading Mayor Fletcher presented in full, in writing, Ordinance No. 25-95-26. AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING SECTION 6-31 OF THE CODE OF ORDINANCES, TO ADOPT THE NATIONAL ELECTRICAL CODE, 1993 EDITION, AND PROVIDING AN EFFECTIVE DATE ROSENBLOOM X Motion: Approve passage of Ordinance No. 25-95-26 on NESSY X WATERSTERS X X first reading and set public hearing for February 13, WBI SS X X 1995 FLETCHER X Page 7 January 23, 1995 V V NAME OF Under discussion, Don Ford explained the disconnect switch COMMAS. MSYN that was referred to in the ordinance was required for new homes, only. Rocky Russell asked why it took until 1995 to incorporate the changes into the code, when the changes were adopted in 1993. Don Ford explained the 1993 Code was not reviewed by the State until 1994 and was not received by the Building Department until November, 1994. The question was called and the motion carried unanimously. Mayor Fletcher called a five minute recess at 9:45 p. m. 7. New Business: a. Board Appointments: (i) Two seats on pension Board of Trustees Mayor Fletcher nominated John Fletcher to be reappointed to the Pension Board of Trustees. ROSENBLOOM X X O Motion: Reappoint John Fletcher to serve on the HAUGHNESSY X AV Pension Board of Trustees ATERS X EISS X X _LETCHER X No discussion before the vote. The motion carried unanimously. Mayor Fletcher nominated Chip Tousey to serve on the Pension Board of Trustees. ROSENBLOOM X X SHAUGHNESSY X Motion: Appoint Chip Tousey to serve on the Pension WATERS X X Board of Trustees WE I S S X FLETCHER X No discussion before the vote. The motion carried unanimously. (ii) Two seats on Tree Conservation Board Mayor Fletcher nominated Mae Jones to be reappointed to the Tree Conservation Board. ROSENBLOOM X Motion: Reappoint Mae Jones to a further three—year SHAUGHNESSY X X term on the Tree Conservation Board WATERS X WEISS X X No discussion before the vote. The motion carried FLETCHER X unanimously. Mayor Fletcher nominated Hope Van Nortwick to be reappointed to the Tree Conservation Board. ROSENBLOOM X X Motion: Reappoint Hope Van Nortwick to a further SHAUGHNESSY X X three—year term on the Tree Conservation Board WATERS X WEISS X FLETCHER X No discussion before the vote. The motion carried f Minutes, Page 8 January 23, 1995 V V NAME OF COMMRS. MSYN unanimously. (iii) One seat on Community Development Board to fill unexpired term. Mayor Fletcher indicated his desire to defer this appointment until the meeting of January 30, 1995 which was a scheduled Impasse Hearing. Commissioner Weiss asked Mayor Fletcher to consider Eric Sherline for this appointment. (iv) One seat on Recreation Advisory Board to fill unexpired term Mayor Fletcher nominated Patricia Bell to serve on the Recreation Advisory Board. ROSENBLOOM X X SHAUGHNESSY X X Motion: Appoint Patricia Bell to serve the unexpired RATERS X term of Beth Robertson on the Recreation Advisory REI SS X Board. FLETCHER X No discussion before the vote. The motion carried unanimously. b. Approve purchase of new Ford F-150 pickup truck at State Contract price, for the public Works Department ROSENBLOOM X Motion: Defer until further review of capitalSHAUGNATERSESSY X improvement projects WATERS X X WEISS X Under discussion, it was explained this item had been =LETCHE R X X budgeted. Whereas Mayor Fletcher was hesitant to spend money on a pickup truck when perhaps another truck could be used, some Commissioners felt that since the truck could be purchased at a cheaper price and it had been budgeted that authorization should be given to purchase the truck. Bob Kosoy explained the new vehicle would replace one of two vehicles which were worn out and would not pass emissions testing. Both vehicles had high mileage. The question was called and vote resulted in 2-3 with Commissioners Rosenbloom, Shaughnessy and Weiss voting nay. The motion failed. ROSENBLOOM X X SHAUGHNESSY X X Motion: Authorize state contract purchase in the WATERS X amount of $13,564.00 of new Ford F-150 Pickup for Public Works WEISS X FLETCHER X The question was called and the vote resulted in 3-2 with Commissioner Waters and Mayor Fletcher voting nay. The motion carried. c. Approve purchase of 1995 Jeep Cherokee at State Contract price, for the Fire Chief Minutes, Page 9 January 23, 1995 V V NAME OF COMMRS. MSYN —•u ey, ire ie , recommen.e. t at the city purchase a Jeep Cherokee 4-Door 4x2 and he explained the intended use of the vehicle. He explained the vehicle was on the state bid and the estimated cost would be $16,485.00. He indicated there was additional money in the budget for a replacement of the Fire Marshal's vehicle, however, it was the intent of the Fire Department not to replace that vehicle at this time and to make do with an existing city vehicle. Kim Leinbach felt the the purchase was justified because of its proposed use in the Fire Department. IOSENBLOOM X HAUGHNESSY X X Motion: Approve purchase of Jeep Cherokee 4-Door 4x2 SNEERS X X at approximately $16,485 ViEI SS X FLETCHER X After brief discussion the question was called and the motion carried unanimously. d. Accept the proposal of Ponte Vedra National Bank for financing the Lease Purchase of vehicles and equipment Ann Meuse, Finance Director, recommended approval to arrange financing of lease purchase of city vehicles and equipment with Ponte Vedra National Bank at 5.6% for a 36 month lease. ROSENBLOOM X X Motion: Approval of financing of lease purchase of SHAUGHNESSY X vehicles and equipment with Ponte Vedra National Bank WATERS X at 5.6Z for a 36 month lease WEISS X X FLETCHER X No discussion before the vote. The motion carried unanimously. e. Authorize execution of Community Development Block Grant contract for FY 1994-95 Motion: Approve execution of the 1994/1995 Community ROSENBLOOM X Development Block Grant contract S3AUGHNESSY X X WATERS X George Worley, Community Development Director, presented the WEISS X X final revised contract for the 1994-95 budget year. FLETCHER X Commissioner Waters referred to the extension of Donner Road and felt paving the road might perhaps encourage speeding. The question was called and the motion carried unanimously. f. Approve ratification of contract between the City and Fraternal Order of Police, Lodge No. 107 (this was acted upon earlier in the agenda) g. Discussion of proposed amendments to utility ordinance Ann Meuse explained the purpose of the proposed language was to clear up ambiguities and inconsistencies in the wording of the existing ordinance. The changes proposed would not make any changes to the rates charged to customers, but were • Minutes, Page 10 • January 23, 1995 V V NAME OF COMMRS. MSYN necessary to resolve confusing terminology and conflicting classifications which made the interpretation of the ordinance extremely difficult. She indicated this item was on the agenda for information purposes, only, and the proposed ordinance would be brought up at the next workshop session. The Commission accept the report of Ann Meuse. Commissioner Waters left the meeting at 10:40 p. m. h. Approve contract with Ellis & Associates, Inc. for Materials Testing Services Bob Kosoy explained that in preparation for the upcoming expansion of the Atlantic Beach Wastewater Treatment Plant and the Buccaneer Assisi Lane Water Treatment Plant, a Request for proposals (RFP) was made to furnish Construction Materials Testing Services for these projects. The firm would be hired directly by the City rather than by the Contractor on both of these upcoming projects. It was recommended by Staff that approval be granted to enter into a contract for Testing Services with Ellis & Associates, Inc. , at an estimated total cost of $8,000.00. ROSENBLOOM X X SHAUGHNESSY X Motion: Approval to enter into a contract for Testing WEISS X X Services with Ellis & Associates, Inc., at an estimated FLETCHER X total cost of $8,000.00 Following brief discussion, the question was called and the motion carried unanimously. i. Authorize execution of contract with Waste Management Inc. for the collection of solid waste in Atlantic Beach Jim Jarboe, Deputy City Manager, gave an overview of the contract between the City and Waste Management, Inc. for the collection of solid waste in Atlantic Beach. He indicated the contract provided the same level of services that was presently provided by the city. He suggested that the Mayor execute the document so that the city would be able to move forward rapidly. Under discussion, it was explained some commercial businesses could have a pickup at 4:30 a. m. and that residential pickup would begin at approximately 7:00 a. m. It was explained senior citizens and disabled people would be allowed to have garbage picked up at the back door. ROSENBLOOM X X SHAUGHNESSY X X Motion: Authorize Mayor to execute contract when it WEISS X has been finalized to his satisfaction FLETCHER X Following brief discussion the question was called and the motion carried unanimously. Mayor Fletcher indicated he would like to have the final • Minutes, Page 11 January 23, 1995 V V NAME OF COMMAS. MSYN draft of the contract to be distributed to the Commission. During discussion, it was explained the City Attorney had examined the language and that Neptune Beach and Jacksonville Beach used the same agreements as the proposed agreement under discussion. Item 9a was taken out of sequence and acted upon. 9a Report and subsequent action relative to appointment of a Property Study Committee Commissioner Shaughnessy explained in December, 1994 she was appointed by the Mayor to form a Property Study Committee. She indicated she had asked Mike Borno to act as Chairman of the Committee and that she had appointed eight people to serve on the committee, as follows: Susan Lewis, Jane Witzka, Theo Mitchelson, Peter Sapia, Tim Reed, Fred DeSapio, John Meserve, and Roger Kjar. She indicated the committee would be named the "Code Enforcement Review Committee." This will be a working committee and Mr. Borno will set the rules, she explained. Meetings would last not longer than one hour and members would be asked to take assignments and come back to the next meeting with a report. She invited other people to come and observe and assist the committee. The goal of the committee would be to come back to the commission with a recommendation. She indicated the committee would determine if any problems existed with reference to code enforcement procedures, indicate problems, review and compare legislative solutions used by other cities to solve problems in similar areas, and list solutions which clearly existed in the city's own code of ordinances. She indicated the committee would give additional recommendations by July 1, 1995 Mayor Fletcher accepted Commissioner Shaughnessy's report and he appointed the committee, as recommended. Commissioner Weiss felt problems had not been identified. He felt the city had a few problems but that the Code Enforcement Board was capable of handling the problems using the procedures that were in place. Commissioner Shaughnessy explained the board would determine if there was a problem with rental property and owner occupied property. She indicated it was the intent of the Board to assist the Code Enforcement Board, and if it was determined there were no problems the matter would be dropped. 8. City Manager Reports and/or Correspondence: Kim Leinbach reported the Police Department had found the utilization of pepper spray was an effective means of subduing unruly people. • Minutes, Page 12 January 23, 1995 V V NAME OF COMMRS. MSYN 9. Reports and/or requests from City Commissioners, City Attorney and City Clerk: a. Report and subsequent action relative to appointment of a property Study Committee (this was acted upon earlier in the agenda) Commissioner Rosenbloom urged Commissioners to work together for the good of the city. Commissioner Shaughnessy congratulated Carl Walker, Beautification Coordinator, on Arbor Day activities. Bob Castro, 412 Ocean Boulevard, spoke concerning the new Code Enforcement Review Committee. He felt Atlantic Beach had a lot to be proud of, and indicated he strongly felt that Code Enforcement was an infringement on property owner rights. He felt that the free market controlled the upkeep of neighborhoods. Mayor Fletcher indicated there would be a workshop session Monday, February 6, 1995 at 4:30 p. m. , and a Fire Impasse Hearing on Monday, January 30, 1995. He indicated he would be absent for the February 13, 1995 regular Commission meeting. Mayor Fletcher indicated there would be a Teen Council meeting January 24, 1995. Commissioner Shaughnessy commented on a newspaper article that indicated Atlantic Beach was being excluded from the Interlocal Study. She asked the Mayor to contact John DeVault regarding this matter. Marjorie Dunson complained of a stormwater problem at Ocean Boulevard and E. Coast Drive. Kim Leinbach agreed to meet Ms. Dunson regarding the matter. There being no further business the Mayor adjourned the meeting at 11:45 p. m. "rman T. Fletcher Mayor/Presiding Officer ATTES T: i AI Mau een King I City Clerk