03-23-92 v CITY OF ATLANTIC BEACH
REGULAR MEETING OF THE CITY COMMISSION, MARCH 23, 1992, 7:15 P.M.
AGENDA
Call to Order
Invocation and pledge to the flag
1. Approval of the minutes of the regular meeting of March 9, 1992,
and special called meeting of March 11, 1992
2. Recognition of Visitors:
3. Old Business:
A. Report on ownership of streets in the Selva Marina area
B. Discussion and related action regarding request to waive of
impact fees for Beaches Habitat (Mayor Gulliford)
4. Committee Reports:
A. Water & Sewer Committee report (Commissioner Fletcher)
B. Fleet Landing report (Public Works Director Robert Kosoy)
5. Ordinances:
A. Second reading and public hearing of Ordinance #55-92-26
regarding solid waste and Resolution #92-7 establishing the
number of days for solid waste collection
B. First reading of Ordinance #5-92-22 raising threshold for bids
from $2,500 to $5,000 for enterprise funds
C. First reading of Ordinance #45-92-10 to add a classification
and set a fee for micro brewery
D. First reading of Ordinance #65-92-21 renaming W. 12th Street as
a continuation of Plaza
E. First reading of Ordinance #57-92-18 relating to rotation wrecker
call list
6. New Business:
A. Short list of attorneys for Code Enforcement Board (City
Attorney Alan Jensen)
B. Recommendation for draft ordinance relating to garage sales (City
Manager Kim Leinbach)
C. Public hearing relative to reserved parking spaces regarding
Residential Parking Sticker Program (City Manager Kim Leinbach)
D. Report regarding City Commission reviewing City Code and updating
same (Commissioner Fletcher)
7. City Manager Reports and/or Correspondence:
A. Discussion and related action regarding Fire Marshall position
8. Mayor to call on City Commissioners, City Attorney and City Clerk:
Adjournment
MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY V V
COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 O O
PM ON MONDAY, MARCH 23, 1992 T T
E E
PRESENT: William I . Gulliford, Jr. , Mayor D D
Glenn A. Edwards
Lyman T. Fletcher
Adelaide R. Tucker, and M S
J. Dezmond Waters, III, Commissioners O E
T C
AND: Kim D. Leinbach, City Manager I O Y
Alan C. Jensen, City Attorney NAME OF ONEN
Maureen King, City Clerk COMMRS. N D S 0
The meeting was called to order by Mayor Gulliford. The
invocation, offered by Commissioner Fletcher, was
followed by the pledge to the flag.
1. Approval of the minutes of the regular meeting of
March 9, 1992 and special called meeting of March
11, 1992 .
Edwards x x
Motion: Approve minutes of the regular meeting of Fletcher x
March 9, 1992. Tucker x x
Waters x
In discussion before the vote, Commissioner Edwards Gulliford x
requested a correction of the vote of the motion
directing the City Manager to draft an ordinance
regulating garage sales, page one; vote should indicate
all ayes. Also, on page four, vote of motion to deny
request to have a trailer on Sea Turtle parking lot
should indicate a vote of aye by Commissioner Tucker.
The minutes were unanimously approved as corrected.
Edwards x x
Motion: Approve minutes of the special called Fletcher x
meeting of March 11, 1992. Tucker x x
Waters x
No discussion before the vote. The motion carried Gullifor. x
unanimously.
Commissioner Waters referred to Wednesday meetings that
were set for himself and Commissioner Fletcher to meet
with the City Manager concerning the budget process. He
indicated the meetings have been changed from 4:00 p. m.
to 3:00 p. m. every Wednesday in the City Hall.
2. Recognition of visitors:
Jim Lucas, Oceanwalk, thanked the Commission for the
outstanding efforts that were made to put in the sidewalk
on Seminole Road.
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3. Old Business:
A. Report on ownership of streets in the Selva Marina
area
City Attorney Alan Jensen reported he received
correspondence from the Chief of Police and the Director
of Public Works regarding an evaluation that was done
relative to streets and units in Selva Marina. He
indicated the evaluation was done by England and Thims in
1983, and he indicated he also received maps of the
property and a maintenance agreement, signed by the
original developer of the property. The documents
revealed Units 10 through 12, which included basically
everything north of Saturiba Drive and west of Selva
Tierra, were all private streets. When the streets were
platted, the City Attorney explained, they were retained
for the sole and exclusive property of the developer,
which is Sevilla Development Corporation.
The City Attorney reported there is nothing in the city
records which would support the city had ever accepted or
owned the streets. With reference to Selva Marina Drive,
north of Saturiba, there is no evidence in the city that
reflects this is a county street.
In order to determine the actual ownership of the
streets, the City Attorney explained, a title search
would have to be done by a title company, but he
indicated he felt very confident that, except for Selva
Marina Drive, north of Saturiba, all the other streets
are privately owned. He explained the city had all
rights on these streets, other than ownership, that it
would normally have on any municipal street. He
explained the streets were not accepted for maintenance
and they were not dedicated to the city because they were
not built to city specifications. He explained the
construction and width of the streets, the turning
radius, the intersection, and the failure to remove
certain trees so that fire equipment could get through,
all contributed to the streets not being built to city
specifications.
Commissioner Edwards indicated he felt it would be
another burden on the city to take on the maintenance of
the streets, as they are not built to specifications.
It was determined the developer had a maintenance
agreement with B.B. McCormick to maintain the streets;
however, it expired three years ago.
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Ken Rogosheske, Sevilla Condominiums, stated before
George Bull passed away he indicated the streets were
dedicated to the County. Alan Jensen replied according
to the plats, the streets were not dedicated to the
county.
Stan Jones, Seminole Road, indicated he thought the money
to maintain streets in Selva Marina should come from gas
tax money, to which the Mayor replied the city could not
use gas tax money to maintain streets that the city does
not own.
William McGee, 1831 Selva Marina Drive, indicated Selva
Marina residents pay taxes like everyone else in the city
and, thus, gas tax should be used to repair the streets.
Commissioner Waters indicated he thought the only thing
the city could do would be to repair pot holes. He felt
this was a unique and attractive area. He added the city
could adopt a long range policy over a ten year period.
Alan Potter indicated Mr. Bull intended to give the
streets to homeowners when the McCormick agreement
expired. He indicated it was the plan of Mr. Bull to
create as part of each plat a homeowners association, and
it was the intention of Mr. Bull to transfer ownership of
the streets to the homeowners association for the purpose
of maintaining the streets. Mr. Potter urged the city to
look for a document indicating the streets were dedicated
to the homeowners.
A discussion ensued regarding the possibility of the
streets being dedicated to the county some time during
the early 1930' s.
Edwards x
Motion: Refer the question to the City Fletcher xTuc
x
Manager and the City Attorney to explore some Waters x x
of the points made from the floor and talk to Waters x
the developer Gulliford x
John Sale, 1791 Selva Marina Drive, indicated he felt the
people in this area are entitled to a safe place to live,
and the maintenance of streets by the city, to which the
Mayor replied the situation will be looked into by the
city.
Commissioner Waters indicated several streets in the area
are beautiful. He felt homeowners knew when they bought
the property what the condition of the streets were. He
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added the city presently fixed pot holes and maintained
the streets so that fire trucks and garbage trucks were
able to get through the neighborhood.
The question was called and the motion carried
unanimously.
B. Discussion and related action regarding request to
waive impact fees for Beaches Habitat
Mayor Gulliford introduced Peggy O ' Neill, President of
Beaches Habitat. He explained Beaches Habitat was
concerned because the impact fees they paid on the first
house they built amounted to $1, 738. Beaches Habitat
planned to build two more houses and they were requesting
that the city waive the impact fees. Peggy O'Neill
introduced John Bass. Mr. Bass thanked everyone who
helped on a recent Habitat work day, and he explained the
goals of Habitat.
The Mayor asked George Worley, Community Development
Coordinator, if Community Development Grant money could
be applied to this situation. It was determined the city
had a contract with Jacksonville HUD that specified
certain work the city hoped to accomplish, but that it
was not uncommon to re-address the matter and possibly
amend the contract.
A discussion ensued concerning having the impact fee
spread over a five year period for the homeowner, to
which Peggy O' Neill replied this would be an extreme
hardship for the homeowner.
The Mayor asked George Worley to look into this and
determine if the wording in the HUD contract could be
amended to enable the city to allocate $1, 738 to Beaches
Habitat. The Mayor asked that this be an agenda item for
the next Commission meeting.
5. Committee Reports:
A. Water and Sewer Committee report
Commissioner Fletcher briefly outlined the Water and
Sewer Committee Report and indicated he would be happy to
answer questions. Since there were no questions the
report was accepted and a copy of the complete report is
attached hereto and made a part hereof.
B. Fleet Landing report
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City Manager Kim Leinbach reported a meeting was held
between representatives of Haskell Company, Greg
Cristovich from Selva Marina Country Club, Alan Potter,
and Bob Kosoy, Public Works Director, concerning the
status of drainage problems at Fleet Landing. The City
Manager reported there was an agreed upon plan to relieve
the drainage problem. The Army Corps of Engineers and
St. Johns Water Management District considered the
changes as minor. The DER, however, is considering it
may require a full review which could hold up the
process. The City Manager suggested lobbying the DER to
encourage them to approve the modifications as soon as
possible.
Alan Potter gave a report concerning the meeting and he
indicated after the work is completed the situation would
be the same as it was before Haskell came on the scene.
5. Ordinances:
A. Ordinance #55-92-26 - Public Hearing
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF ATLANTIC BEACH, REWRITING IN ITS ENTIRETY CHAPTER 16,
REFUSE AND GARBAGE, AND PROVIDING AN EFFECTIVE DATE
Mayor Gulliford presented in full, in writing, ordinance
No. 75-92-9, said ordinance having been posted in
accordance with Charter requirements. He opened the
floor for a public hearing and invited comments from the
audience.
John Weldon indicated he thought the ordinance was
difficult to read. The Mayor introduced Theresa Todd,
Chairman of the Solid Waste Committee, and he indicated
Ms. Todd would explain the language contained in the new
ordinance. Ms. Todd explained the old language was
indicated by a dark background and the new language was
underlined. She answered questions from the audience and
from the Commissioners regarding the work the Committee
had done to come up with the proposed ordinance.
The proposed ordinance would increase the cost of solid
waste collection from $36 per quarter to $48 per quarter
for single-family curbside pickup.
A proposed resolution would be introduced in conjunction
with the solid waste ordinance that would reduce service
from six days per week pickup to two days per week each
for garbage and yard trash collection, and one day for
recycling.
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A long discussion ensued, and changes and additions were
suggested and agreed upon relative to both residential
and commercial garbage pickup.
Edwards x
Motion: Defer final action and continue the public Fletcher x x
hearing at the next meeting. Refer the ordinance Tucker x
back to the Solid Waste Committee with the Waters x x
assistance of the City Manager and City Attorney Gulliford x
The Commission indicated their desire to have the
ordinance prepared in its clean form, without old
language indicated by a dark background.
The question was called and the motion carried
unanimously.
Edwards x
Motion: Defer action on Resolution 92-7 Fletcher x x
(establishing the number of days for solid waste Tucker x x
collection) Waters x
Gulliford x
No discussion before the vote. The motion carried
unanimously.
The Mayor thanked Theresa Todd and the members of the
Solid Waste Committee for their hard work in the
preparation of the ordinance.
B. Ordinance No. 5-92-22 - First Reading
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2,
ADMINISTRATION, ARTICLE VII, FINANCE, DIVISION 2,
PURCHASING, AMENDING SECTION 2-331, BIDS - WHEN REQUIRED,
TO PROVIDE THAT FORMAL BIDS SHALL BE REQUIRED FOR
PURCHASES OF SUPPLIES OR SERVICES FROM ENTERPRISE FUNDS
IN EXCESS OF $5, 000, AND PROVIDING AN EFFECTIVE DATE
Mayor Gulliford presented in full, in writing, Ordinance
No. 5-92-22 on first reading. Edwards x
Fletcher x x
Motion: Approve passage of Ordinance No. 5-92-22 Tucker x x
on first reading and set for public hearing on Waters x
April 13, 1992 Gulliford x
No discussion before the vote. The motion carried
unanimously.
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C. Ordinance No. 45-92-10 - First Reading
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 20,
TAXATION, ARTICLE III, OCCUPATIONAL LICENSE TAX, SECTION
20-59, SCHEDULE OF FEES, TO ADD A CLASSIFICATION AND SET
A FEE FOR MICRO BREWERY, AND PROVIDING AN EFFECTIVE DATE
Mayor Gulliford presented in full, in writing, Ordinance
No. 45-92-10 on first reading.
Edwards x
Motion: Approve passage of Ordinance No. 45-92-10 Fletcher x x
on first reading and set for public hearing on Tucker x x
April 13, 1992 Waters x
Gulliford x
No discussion before the vote. The motion carried
unanimously.
D. First reading of Ordinance 65-92-21 renaming W.
12th Street as a continuation of Plaza
The City Attorney reported since there already was an
existing street named W. Plaza Street it was not possible
to rename W. 12th Street as a continuation of Plaza.
The City Manager explained what was now W. 12th Street
was to be renamed W. Plaza; however, in research it was
found there was an existing W. Plaza which is located
near Carnation Street, Section H.
The Mayor asked staff to research further to determine if
W. Plaza Street was being utilized. If it was not being
utilized, it was suggested W. Plaza Street be
eliminated, and it would then be possible to rename W.
12th Street.
E. First reading of Ordinance 57-92-18 relating to
rotation wrecker call list
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, ESTABLISHING
A ROTATING WRECKER CALL LIST, SETTING FORTH CERTAIN
REQUIREMENTS FOR WRECKER SERVICES, PROVIDING AN EFFECTIVE
DATE.
Mayor Gulliford presented in full, in writing, Ordinance
57-92-18 on first reading.
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Motion: Approve passage of Ordinance No. 57- Edwards x x
92-18 on its first reading and set public Fletcher x
hearing for April 13, 1992 Tucker x
Waters x x
No discussion before the vote. Motion carried Gulliford x
unanimously.
6. New Business:
A. Short list of attorneys for Code Enforcement Board
The City Attorney presented a recommendation of three
candidates for the Commission to interview for the
position of Code Enforcement Attorney: Suzanne Green,
Mark Arnold, and Jim Allen. It was determined the
interviews will be conducted prior to the next City
Commission meeting, Monday, April 13, 1992, at 5:30 p. m.
B. Recommendation for draft ordinance relating to
garage sales
The City Manager recommended the City Attorney draft an
ordinance based upon several provisions as set forth in
his memorandum dated March 23, 1992, copy attached. The
Mayor indicated he does not feel the adoption of this
ordinance is in the city' s best interest. Commissioner
Waters indicated he felt garage sales were an unregulated
business in the city. A discussion ensued concerning the
possibility of regulating garage sales, as well as the
possibility of having to obtain an occupational license
to have a garage sale. Commissioner Fletcher reminded
everyone that complaints had been received on only one
abuser in the entire city. He indicated he would be in
favor of regulating garage sales through the occupation
license system. Commissioner Tucker agreed.
The Mayor asked City Clerk Maureen King to investigate
the possibility of having garage sales regulated by the
occupational license system.
C. Public hearing relative to reserved parking spaces
regarding Residential Parking Sticker Program
The Mayor referred to a recommendation from the City
Manager for designation of parking spaces and he briefly
explained to the audience the streets that were involved
( 18th and 19th Streets) . The Mayor opened the floor for
a public hearing.
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Barbara Bonner, 463 Selva Lakes Circle, suggested opening
up rights-of-way at beach accesses to create some new
spaces. The City Manager indicated the city was
continuing to study the feasibility of opening street
ends. He reported the city would be conducting a study
and this would be used by city staff to recommend
additional residents-only parking spaces.
Commissioner Edwards referred to the old A&P parking lot
and suggested contacting the person who owned the
property with the intent of the city running a shuttle
back and forth to the beach, with the help of
Jacksonville. The Mayor indicated the city had contacted
JTA concerning this.
John Baillie encouraged the Commission to adopt a policy
of reopening rights-of-way so that additional parking is
available to those who wish to use the beach.
There being no further comments from the floor the Mayor
declared the public hearing closed. Edwards x x
Motion: Authorize the designation of Resident Fletcher x
Only Parking Sticker spaces on the 18th and Tucker x
19th Street parking areas as recommended by Waters x x
staff Gulliford x
No discussion before the vote. Motion carried
unanimously.
Commissioner Waters suggested reserving parking spaces
next to the Sea Turtle parking lot, along Ocean
Boulevard, for Atlantic Beach residents, and also the
north side of the Community Center parking lot. The
Mayor agreed with Commissioner Waters and he asked the
City Manager and staff to give a recommendation
concerning the aforementioned proposed spaces, as well as
any other spaces that could be utilized.
D. Report regarding the Committee reviewing City Code
and updating same
Commissioner Fletcher indicated a meeting was held
concerning the zoning code review. An agenda was decided
upon and a meeting will be held every Wednesday, 4: 00 p.
m. in the Conference Room of the City Hall . This will be
a public meeting and public, press, and Commissioners are
invited.
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NAME OF
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7. Discussion and related action regarding Fire
Marshall position
The City Manager stated there is a need in the community
for the establishment of a Fire Marshall. The City
Manager asked the Commission for authorization to create
the position of Fire Marshall, and he distributed a
review of the duties of this position. The City Manager
recommended Chief Rew for the position of Fire Marshall.
He indicated he would fill the position of Fire Chief,
should Chief Rew be appointed to the position of Fire
Marshall. Edwards x
Fletcher x x
Motion: Defer until the next City Commission Tucker x x
meeting Waters x
Gulliford x
Commissioner Fletcher indicated he had just received the
information concerning this matter and he was not
prepared to vote tonight.
The question was called and the motion was defeated by a
vote of 2 - 3 with Commissioners Edwards, Waters, and
Mayor Gulliford voting Nay.
Edwards x
Motion: Approve the recommendation of the Fletcher
Tuc
City Manager to establish the position of Fire Waters
Marshall Waters x
Gulliford
Commissioner Fletcher asked for a point of clarification:
he inquired if the recommendation was simply to create
the position, to which the City Manager responded the
recommendation he made in his memorandum was to create
the position subject to delineating the funds within the
current fiscal year. Commissioner Fletcher asked, if the
position was created, would it be with the understanding
that it would be funded for the balance of the year, to
which the City Manager replied that was correct.
Edwards x
Substitute motion: Create the position but Fletcher x x
defer action on funding of the position Tucker x x
Waters x
Commissioner Fletcher indicated the amount of $32,000 was Gulliford x
being discussed for this position and he thought the
commission should have information as to how the position
would be funded. He indicated he was not opposed to the
concept of creating the position but he indicated he did
not understand the urgency that was involved. He added
he would like to know how the position was going to be
funded, what impact it would have on overall salaries,
and where the money was coming from.
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PAGE ELEVEN V V
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The Mayor indicated the City Manager' s proposal indicated
"subsequent to identification of adequate funding within
the current fiscal year budget. " The Mayor stated there
is a limitation on the funding.
The question was called and the motion carried with a
vote of 3 - 2 with Commissioner Edwards and Mayor
Gulliford voting Nay. .
Commissioner Tucker indicated that if an agenda item is
not included in the material on Friday, the Commission is
not obligated to take action.
Commissioner Fletcher asked if it would be possible to
receive agenda packets earlier than Friday evening. This
was discussed, and the City Manager indicated his
willingness to try to get packets out earlier. He
explained that there was a cut off day on Wednesday to
get items to the City Manager' s office, prior to sending
out the agenda on Friday. He indicated that he also had
a short period of time to go over agenda items in order
to get them out by Friday. No decision was reached
concerning this matter.
Commissioner Fletcher would like the request for the
authorization of the plans for the Town Center Project to
be placed on the next Commission agenda. He indicated
the Commission would be requested to approve the plans
and dedicate the right-of-ways according to the plans.
Commissioner Waters indicated he attended the last
Community Development Board Meeting and he pointed out
what he felt was a discrepancy in the process of granting
variances. He suggested that clarifications may be
necessary when granting variances in PUD neighborhoods.
Commissioner Waters indicated he would like to have a
short synopsis of what transpired at board meetings held
during each month. A discussion ensued and it was decided
that minutes of board meetings were available.
Commissioner Waters indicated he would like minutes of
all board meetings placed in his mailbox at the City
Hall.
Commissioner Waters gave a report concerning the Royal
Palms area and he said he had received indications that
residents of Royal Palms feel intimidated and, thus, do
not wish to become involved in code enforcement. He
indicated he will pursue in the work with the Royal Palms
Committee.
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The Mayor indicated he felt the pension request of the 1
employees should be addressed and he requested that this
matter be placed on the agenda for the next meeting. The
City Manager indicated the city had not heard from the
actuary, and the Mayor indicated the actuary should be
giving the City a report soon. The Mayor would like
this to be a city commission agenda item at the next
meeting, or as soon as possible.
There being no further business the meeting adjourned at
10:45 p. m.
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li A. ` 1 I „yaw..
i iam I . t 7 iford ,
Mayor/Presiding Ofa : .
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Maure-n King, Ci y ,Clock
AB 1249
CITY OF
iikieutrie 'earl - 76vruda
1200 SANDPIPER LANE
ATLANTIC BEACH,FLORIDA 32233-4381
`11 TELEPHONE(904)247-5834
4 , 1 FAX(904)247-5843
March 18, 1992
MEMORANDUM
TO: Kim D. Leinbach/City Manager
FROM: Robert S. Kosoy/Director of Public Works {ZSK(')+3
RE: WATER AND SEWER COMMITTEE REPORT #14
On March 12, 1992 Commissioner Lyman Fletcher, Ernie Beadle,
Tim Townsend, Harry McNally and Bob Kosoy met to discuss
current water and sewer concerns and projects. A brief
summary follows:
1. Buccaneer Wastewater Treatment Plant Expansion (Surge
Tank)
A Pre-Final walk through was held on March 5, 1992. A
preliminary punch list was compiled and subsequently was
mailed to the Contractor. A major problem now is with
the overloading of the screens and the broken conveyor
belts. Harry McNally recommended a manual trough. Bob
Kosoy will prepare a letter to the Engineer urging
completion of the project in accordance with the
specifications.
2. Atlantic Beach Water Treatment Plant #1 and #2
Improvements
Bids were opened on March 11, 1992 with WPC the apparent
low bidder at $1, 185, 575. 00. Other bidders were Ortega
Industrial, Meadors Construction, Cole, and Perry-McCall.
The bid analysis will be performed by Gee & Jenson and
reference checks and recommendations will be prepared by
City of Atlantic Beach staff.
•
3. Inspection at AB WTP #1 & #2
Bob Kosoy discussed the need for consultant inspection
for either the AB WTP #1 & #2 project or for the 8-10
other capital projects. It was recommended that requests
for proposals for Resident Observation be obtained from
several Engineers. The Committee could evaluate the
feasibility after receipt of the proposals.
4. Sea Turtle Inn Water Bill
Mr. Barry Adeeb, owner of the Sea Turtle Inn, requested
at the March 9, 1992 Commission Meeting that he be given
consideration for staggering his payments in order to
mitigate the effect of the increased water rates. This
Committee recommends that Mr. Adeeb submits information
on what his volume changes are, explore conservation
methods particularly in the laundry and kitchen areas and
perhaps the City of Atlantic Beach could bill monthly.
5. Draft Letter of Response to Mike Burton and Associates
Ray Salman submitted a draft letter of response to Mike
Burton and Associates. Attached is a copy of the draft
with additional comments/changes made by this Committee.
6. Memo to Customers Regarding Next Water Bill
Alan Potter drafted a memo explaining the water and sewer
charges in accordance with the new water and sewer rate
increases. The Committee agreed that a memo of this
nature should be transmitted to the Water Department so
that all Customers can receive a copy with their bill.
Since bills are mailed out on postcards, a separate
mailing will be necessary.
7. Capital Improvement Fee Ordinance
Figures for Buccaneer and Atlantic Beach watermeter
installations have been tabulated. The Committee
recommends that pricing similar to Jacksonville Beach's
be incorporated into the City Atlantic Beach 's proposed
ordinance. A draft ordinance will be prepared for the
Committee's final review.
•
8. Impact Fees Paid By Tiffany by the Sea
Ashco has requested that they be refunded impact fees
based on the fact that they built 26 units and paid for
130 units. See Walter West 's letter received February
14, 1992 by City of Atlantic Beach . Tim Townsend
advised that the developer received consideration during
the planning stages for citing the Sea Gardens Lift
Station at its current location. In addition, zoning
restrictions required the downsizing of the development.
Ashco's request will require further review to determine
if any monies are due to the developer.
9. Chlorine Contact Facility
The Committee recommends acceptance of Jim Lucas's
proposal to design the Chlorine Contact Facility at
Buccaneer Wastewater Treatment Plant now that he has
submitted his letter dated March 12, 1992.
RSK/tb
cc: Commissioner Fletcher
Alan Potter/Consultant
Harry E. McNally/Utility Plant Division Director
Tim N. Townsend/Utility Plant Division Director
Ernie Beadle/Assistant to PW Director
Dr. Ray Salman
File - WSCR
DRAFT
Dear Mr . Burton:
Your letter of February 20 , 1992 suggesting a negotiated
settlement of $7 , 317 as final compensation for expenses " . . .
above and beyond the original contract amount . " of the agreement
accepted by Burton & Associates , as stipulated in your acceptance
letter of August 28 . 1990 . has been given careful review and con-
sideration.
We find that invoices received from Burton & Associates
referencing completion of work done on the several phases of the
contract agreement other than Phase IVp were received and paid in a
porrurrfo
timely manner . All were within the limits specified in the agree-
ment . Thereafter , invoices were received with dates beginning
8-15-9 y-r -1 refer ito work on Phase IV, and in each case ,
y
addressed expenses of increasing significant magnitude beyond
those agreed upon and authorized under the contract . As a matter
of fact , the "final " invoice for $21 , 492 represented an aggregate
amount of contract 2 . 23 times the original agreement , which of
course was never authorized either orally or in writing .
r eti '
• -2-
Conversely , your letter of February 20 , 1992 addressed , at
u, least in part , extra expenses incurred for work on other phases of
to
the project and states that the expenses beyond contract resulted
from " . . . work performed [ wast necessitated by. . . " City staff and
administrators .
21 .‘
We find your . : termination of responsibility for incurring
kexpenses for Phase IV mor - than 100% over contract limitations ,
unacceptable . If you had any easor�%to project even modest excess
irp needs , this should have been ca U eto the attention of the City
/f
Administration for discussion/and con- ideration of written
0 '
approval at the earliest p ssible date . aving failed to do so as
4,,
required by contract , w ile continuing to ac umulate what we .
consider to be extra rdinary expenses beyond o agreed upon upper
limit , was certain y imprudent , at least
•
Regrettably , our -xaminatio' of your suggestion that we
accept a negotiated settlemen • with you that is 41% in
excess of the stipulated itten agreement leads us to conclude
that such is not in th:. best interest - of the people we serve. In
-3-
reaching this conclusion we •onsid, red the terms of our agreement
with you , the product and sery c; s received under the contract ,
•
and the unapproved nature of the cos ' over-ride .
Sincerely ,
yoz/ cud/ ,sabov;4 do
UDibr " dv C.. 5 _pct f " cos-s �e, ��d 'Gci /a ar ceS ' 1 mitre'c/
labor cos#3 and a Por 74,41 off' a✓c.^`i e4I costs z com/O/Cfc
&IIth games, aahhovi's1 "se e tii wi// review" _
your ref oes , f7owG✓e ?�S
re vieu) .1// 6e con s/Area/ a fa r;75 ' de- 5 ehcv^red
t: - 17 � - v
BURTON &
ASSOCIATES
February 20, 1992
The Honorable Mayor,
City Commission and Staff
City of Atlantic Beach
P. 0. Box 25
Atlantic Beach, FL 32233
Dear Commissioners:
I have received Mr. Kim Leinbach's letter of January 16, 1992, informing me of the City
Commission's decision not to authorize payment for services provided by Burton & Associates
which were necessary to complete the Water and Sewer Rate Study, but which were above and
beyond the original contract amount.
I want to make it clear that Burton & Associates never anticipated that the City would
pay those additional charges in full. As discussed with Commissioner Fletcher and the City's
Finance Director at the time the final invoice was issued to the City, we anticipated negotiating
a settlement that was fair and equitable to both the City and to Burton & Associates.
It is also important for you to understand that the primary reason that the cost of the
project exceeded the contract amount was the requirement to 1) re-do work based upon revised
data provided to us by the City's consulting engineer and data processing consultant including
a revision of the Capital Improvement Program requirements from the original approximately
$12 million, as determined by Gee &Jensen, Inc., to the current Capital Improvement Program
requirements of approximately $3.5 million as subsequently provided by the City's Water and
Sewer Committee, 2) accomplish recalculations necessary to evaluate and accommodate
adjustments to the rate methodology based upon input from Mr. Alan Potter and 3) respond to
specific requests by Commissioner Fletcher to meet with him to review the recommendations
presented in our Final Report, review the alternative recommendations presented by Mr. Potter
and validate and verify the simplified rate structure approach presented by Mr. Potter.
We proceeded with the work, which was in excess of the contract amount, based upon
the premise that Burton & Associates had made a commitment to complete the Rate Study, we
would complete it as cost effectively as possible and although the contract was a time and
expenses based contract, we would be more than willing to negotiate a fair and equitable sharing
of the additional costs with the City. I believe the fact that we were willing to complete the
project with no assurances that the City would compensate us for our total additional costs 1)
2457 South Third Street • Costa Verde Plaza • Jacksonville Beach, Florida 32250 • 904/247-0787
- ,.
•
Honorable Mayor,
City Commission and Staff
February 20, 1992
Page 2
ensured completion of the project as cost effectively as possible and 2) demonstrated our good
faith regarding our commitment to the City.
We understand your decision not to pay the full amount. However, we would like to
propose an agreeable, fair and equitable settlement that is fair to both the City and Burton &
Associates.
Approximately 2/3 of the amount in question represents direct labor costs, indirect labor
costs and portion of overhead costs. All of these costs were "out-of-pocket" costs, in that they
were cash expenditures by Burton & Associates incurred to meet our contractual obligations to
the City, and they excluded profit and a portion of indirect overhead costs. We propose that a
fair settlement to this matter would be for the City and Burton & Associates to share only this
portion of the project costs equally. Therefore, we respectfully request compensation in the
amount of $7,317 which represents 1/3 of the total additional project costs and covers only a
portion of our actual out-of-pocket labor costs for the additional work performed.
It should be re-emphasized that virtually all of the work performed was necessitated by
1) the fact that we were provided data by others (under contract to the City) which was
incorrect, requiring substantial re-work on our part and 2) the requirement to respond to specific
requests of Commissioner Fletcher.
We look forward to your favorable consideration of this settlement proposal. If you have
any questions do not hesitate to call me at 247-0787.
Very truly yours,
Michael E. Burton
President
MB/kr
cc: City Manager
City Finance Director
City Attorney
City Clerk
J. Cvc44
Design & Consulting Engineers
James M. Lucas, P.E. Randall S. Wilder, P.E.
March 12, 1992
Mr . Robert S . Kosoy, P. E.
Director of Public Works
1200 Sandpiper Lane
Atlantic Beach, FL 32233-4381
Subject : Proposal for Chlorine Contact Facility
Buccaneer Wastewater Treatment Plant
Dear Mr . Kosoy:
In our letter of February 24 , 1992 , we expressed our desire
to perform the services as stated in your RFP for $9 , 800 . 00 with
the proviso that the existing piping plan be furnished to us in
digital format for use in our computers . We have received a copy
of the Boatwright survey on disk that satisfies this requirement .
We , therefore , agree on the price quoted in our letter .
Again , we appreciate the opportunity of submitting our
proposal to you. We would be more than happy to sit down and
discuss this with you at any time .
Sincerely,
J . LUC,kS & ASSOCIATES , INC.
Ja s M. Lucas , P. E.
President
8411 Baymeadows Way, Suite 1 •Jacksonville, FL 32256
904-636-9844
i A J. tv.64 & ,.loCittet, 1 l
0C.
Design & Consulting Engineers
James M. Lucas, P.E. Randall S.Wilder, P.E.
February 24, 1992
Mr. Robert S. Kosoy, Y.E.
Director of Public Works
1200 Sandpiper Lane
Atlantic Beach, FL 32233-4381
Subject: Proposal for Chlorine Contact Facility
Buccaneer Wastewater Treatment Plant
Dear Mr. Kosoy:
We are in receipt of your February 12, 1992 letter
concerning the subject project. In our response to your request,
we had pointed out the need for a master plan for the wastewater
treatment plant to preliminarily locate and to take into account
ultimate facilities. It was our intention to include these so
that the location of these new facilities requested in your RFP
would "fit in" with future considerations for expansion. It is
our understanding that this master plan will not be included in
this RFP at this time. Our fee is based on the following:
1) Design of a chlorine contact and sulfur dioxide chamber
located at the existing sludge drying bed
2) Design of automatic feed chlorine and sulfur dioxide
systems.
3) Design of ton handling facility for both the chlorine
and sulfur dioxide cylinders including the necessary
load cells and indicators.
4) The conversion of the existing contact chamber to a
digester for additional sludge capacity.
5) The interconnecting piping between the existing
treatment units and the new chlorine contact tank along
with the chlorine and sulfur dioxide solution piping.
6) Our scope of work also includes installation of the
necessary instrumentation required to control the
amount of chlorine and sulfur dioxide.
It is our intent to relocate the flow meter into the
operator's building along with the residual analyses and
recorders necessary under DER rules.
8411 Baymeadows Way, Suite 1 •Jacksonville, FL 32256
904-636-9844
Mr. Robert Kosoy
February 24 , 1992
Page - 2
We propose to prepare the plans and specifications and
permits for review and bidding for the lump sum price of
$9,800.00. This fee is based on receiving the existing piping
plan from Gee & Jensen in digital format to be used in our
AutoCAD system. It is also based on receiving plans of the
City's ton cylinder system used at Buccaneer Water Plant #3 to be
used as a guide for standardization. The basis of our price is
to provide the City with a reasonable cost in preparing these
plans and minimizing the cost of duplicating as-built information
wherever possible. Receiving the piping plans in digital form is
important for completion of the project within the scope of this
proposal. Our fee does not include any costs for permit fees or
surveying.
Again, we appreciate the opportunity of submitting our
proposal to you. We would be more than happy to sit down and
discuss this with you at any time.
Sincerely,
J. L - •S & ASSOCIATES, INC.
c-G_
J. es M. Lucas, P.E.
President