06-24-85 v AGENDA
1110
CITY OF ATLANTIC BEACH
June 24, 1985
Call to Order
Invocation and Pledge to Flag
1. Approval of the Minutes of Regular Meeting of June 10, 1985
2. Recognition of Visitors
3. New Business
A. City Commission to negotiate with auditors for the performance
of the City financial audit for the fiscal year ending
September 30, 1985.
B. Report of Commissioner Catherine Van Ness on the Tennis Court
Committee with recommendations on the construction and
reconstruction of two tennis courts.
C. Receipt of proposals for the operation and maintenance of the
Buccaneer Water and Sewer District.
D. Action by the City Commission on proposals from firms
interested in providing a job classification and pay plan for
the City of Atlantic Beach.
E. Action by the City Commission to approve a change in zoning
10 atlas to correct a printing error on Cornell Lane.
F. Action by the City Commission to approve a resolution
implementing terms of an interlocal agreement for distribution
of possible gas tax funds.
G. Action by the City Commission to authorize the purchase of
tangible personal property from the Buccaneer Management
Partnership for the use of the Buccaneer Water and Sewer
District.
H. Commission action to grant authority for the advertising of
bids for the construction and reconstruction of sidewalks on
the east side of Ocean Boulevard from Atlantic Boulevard to
7th Street, and sidewalk repairs on East Coast Drive from 7th
Street toward 10th Streeth.
I. Action by the City Commission to approve Change Order No. 1
on the relocation of water mains and installation of fire
hydrants on Mayport Road.
J. Action by the City Commission on a request from the Navy
Department in Charleston to provide 400,000 gallons of water
per day for offbase Navy housing from the Buccaneer Water
and Sewer District.
K. Discussion by the City Commission on advisability of
seeking proposals for an architectural evaluation of
the Public Safety building.
4. Action on Resolutions
111) A. Adoption of a resolution authorizing the Mayor and Clerk to
execute the State Bond Loan Agareement for $1 .5 million
dollars.
4. Action on Resolutions (Cont'd)
B. Introduction of a resolution by Commissioner Van Ness
relative to dress requirements during the summer time
at City Commission meetings.
5. Action on Ordinances
A. Introduction of an ordinance rezoning property owned by
Bull Brothers Ltd. on Mayport Road from Open Rural to
Planned Unit Development and from RG-2 to a Planned Unit
Development, and setting of a public hearing for
July 8, 1985.
B. Introduction of an ordinance rezoning Mayport Corridor.
6. Miscellaneous Business
ADJOURN
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM-
MISSION HELD AT THE CITY HALL ON JUNE 24, 1985 AT 7:15 P.M. V V
O O
PRESENT: William S. Howell, Mayor-Commissioner T T
Robert B. Cook, Sr. E E
William I. Gulliford, Jr. D D
John W. Morris, Jr.
Catherine G. Van Ness, Commissioners M S
AND: Richard C. Fellows, City Manager 0 E
Claude L. Mullis, City Attorney T C
Adelaide R. Tucker, City Clerk I O Y
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.
Approval of the Minutes of the Regular Meeting of June 10, 1985
Motion: The minutes of the regular Commission Meeting of Cook x
June 10, 1985 be approved as presented. Gulliford x x
Morris x
No discussion before the vote. Motion carried unanimously. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Recognition of Visitors
The Mayor recognized Mrs. Ruth Gregg, 905 Sailfish Drive, who asked if
Donner Road was supposed to be a dead-end road. The Mayor answered in
the affirmative. Mrs. Gregg said the reason she asked was there had
been speeders and drag-racing through that area on a regular basis late-
ly. Secondly, she brought to the attention of the Commission a complaint
that the city had ignored three calls to cut the weeds on the Donner Rd.
fenced perimeter. As a third request, Mrs. Gregg asked if there would
be a possibility of erecting NO PARKING signs along the entire fenced
line in that area due to the fact on "Ladies Night" at the local bars,
cars park all along the fenced area. The Mayor assured her the city
would look into all three complaints.
Mr. Alt, Beach Avenue, addressed the Commission in regard to the dete-
rioration of the steps on the ramp accesses to the beach. The Mayor
explained the city only recently discovered the application for permit
to build the crossovers was never submitted to the Department of
Natural Resources. It should have been sent months ago. Mr. Fellows
submitted the application within the last week, and the Mayor, City
Attorney, and City Manager will be going to Tallahassee next week to
attempt to walk the permit through DNR for approval. Funding by the
State has been approved but will not be available to the city until
July 1, 1985.
Mrs. Della Koenig, 780 Redfin Drive was the next visitor to be acknow-
ledged. She read a letter she planned to send to the local newspaper,
Secretary of the Navy, and Mr. Casper Weinberger in regards to our
traffic problems along the Mayport Road strip, heading north to the U.S.
Naval Facility. The letter recommended the re-opening of Seminole Road
to help ease the flow of traffic to and from the base. She cited the
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JUNE 24, 1985 COMMRS. M S Y N
Recognition of Visitors - continued
following problems relating to poor traffic flow and safety problems:
1. Continued growth in Atlantic Beach, and most especially in
the Royal Palms subdivision, was creating severe traffic problem.
2. An accident on the Mayport Road strip affects traffic in the
tri-city area of the beaches and as far away as Girvin Road.
Residents along Plaza, Royal Palms Drive and Sailfish Drive
cannot get out of their driveways due to the traffic, and you
cannot get across Penman Road or Atlantic Blvd. ,so forget about
trying to reach Beach Blvd. or any other main artery.
3. There are no sidewalks on Sailfish or Royal Palms Drives for
the children who walk to school.
4. A traffic light is needed at the intersection of Plaza, Sherry
Drive, and Seminole Road (five-way stop sign is there. Location
is in front of the city Fire/Police Station.)
The Mayor thanked Mrs. Koenig for her comments. (Copy of her letter is
attached hereto and made a part hereof) .
New Business
A. City Commission to negotiate with auditors for the performance of
the City financial audit for the fiscal year ending September 30, 1985.
Mayor Howell explained the firms ranked one, two, and three at the last
meeting had been invited to enter into negotiations with the city. The
number one firm, Coopers & Lybrand was represented by Mike Andrew, the
managing partner of the Jacksonville office and he introduced their
staff members present. Mayor Howell asked if they were chosen to do the
audit for the City of Atlantic Beach, and later were offered they were
offered the job by Neptune, Jacksonville Beach, or Baldwin, would they
accept those positions. Mr. Andrew said if the City of Atlantic Beach
did not want them to, they would not accept the offers. They are not
presently the auditors for any of the above mentioned cities, or the
City of Jacksonville. He added that Ramie Vantz, proposed in-charge
accountant would be replaced as she had recently married and retired.
Their proposed fee offered was as follows:
1st yr. 2nd yr. 3rd yr.
General $11,000 11,500 12,000 (not incl.Special Compliance)
Compliance 1,500 1,500 1,500
$12,500 13,000 13,500
Any special undesignated work would be prepared at an average rate of
$50.00 per hour. During negotiations the firm advised they were covered
by professional liability, errors & omission, etc. insurance.
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JUNE 24, 1985 COMMRS. MSYN
New Business - continued (A)
Following negotiations, the following motion was made by Commissioner
Morris:
Motion: Move to terminate negotiations with Coopers & Lybrand Cook x
in compliance with the Statutes. Gulliford x x
Morris x x
No discussion before the vote. Motion carried unanimously. Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
The number two firm, Deloitte Haskings & Sells was invited to
negotiate. Mr. Jim Scheuer announced since their last conversation with
the city they had been appointed auditors for the cities of St. Peters-
burg, Palm Beach County, and the City of Sebastian.
Their proposed fee offered was as follows:
1st yr. 2nd yr. 3rd yr.
General $10,000 11,000 12,000
Compliance Included Included Included
Increase based on CPI, but not to exceed 10%.
any special undesignated work would be prepared at an average rate of
$75.00 per hour. Above stated fee included all departments, including
Buccaneer, and any required compliance grants. Mayor Howell commented
the city presently had a grant from EPA on the sewer plant, and a grant
from DER on the sewer outfall line. The compliance work on that would
not be required until FY 85-86, and he asked if those grants would be
included in the proposed fees. Mr. Scheuer replied all existing grants
would be included in the proposed fee, regardless of the FY they came
due. Any new grant next year would be negotiated. All work under the
sewer bond program would also be included. Mr. Scheuer also advised
they were covered by professional liability, errors & omission, etc.
insurance. Following negotiations, Commissioner Gulliford moved for the
following:
Motion: The City enter into an agreement with Deloitte Haskings & Gulliford x
Sells on a one year basis. Morris x
During discussion, Commissioner Morris expressed the opinion the city
would not have any problem with the firm in the second and third years,
and suggested an option on the second and third years.
Amended Motion: The City enter into an agreement with Deloitte Gulliford x
Haskings & Sells on a one year basis for an amount of Morris x
$10,000, with an option on the second year for $11,000.
During discussion, Mayor Howell expressed the opinion they should
terminate negotiations and give the other firm an opportunity also. Cook x
Following discussion, the question was called and the Mayor requested Gulliford x
a roll call vote. Commissioners Gulliford, Morris, and Van Ness voted Morris x
aye, and Commissioner Cook and Mayor Howell voted no. Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
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New Business - continued
Mr. Scheuer suggested, since he would be working for the Commission, to
meet with them and go over their audit plan before the audit, during
the audit and a final meeting. The City Attorney requested the firm
address a proposal to the Mayor and members of the City Commission
setting forth all the services to be performed, plus the fee. The City
Manager will set the meeting times after receipt of the proposal.
B. Report of Commissioner Catherine Van Ness on the Tennis Court Com-
mittee with recommendations on the construction and reconstruction of
two tennis courts.
Commissioner Van Ness reported the Committee met and reviewed the bids.
It was recommended by the Committee that the city award the contract
to Sport Courts, Inc. for $23,710. The amount of $18,000 was budgeted.
Balance of $5,710 to be transferred out of contingencies. Commissioner
Van Ness also suggested the parking area around City Hall be increased
during the time the equipment would be here paving the tennis courts.
Motion: The City Commission accept the recommendation of the Com- Cook x
mittee and award the contract for tennis courts to Sport Gulliford x x
Courts, Inc. for $23,710, and appropriate approximately Morris x
$5,710 from contingency. Van Ness x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
C. Receipt of proposals for the operation and maintenance of the
Buccaneer Water and Sewer District.
The following bids were received and opened:
GW Service Corp. , Bryn Mawr, Pa. $400,000
Bid Bond INA Addendum-Deduct 4,300
Date: 8/1/85 thru 7/30/86
Jax Utilities Management $241,490
Cashiers Check - $13,675 in lieu of bond
No deduct
Public Service Group of St. Augustine $320,740
Cashiers Check - $18,000 in lieu of bond
Addendum-Deduct 2,700
Motion:Defer to Committee to report back at the next meeting. Cook x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
Van Ness x x
4ayor Howell appointed Commissioner Gulliford, Chairman, and the
City Manager,and City Attorney to serve on the Couuuittee, subject to
all other Commissioners being advised of the Committee meeting.
•
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New Business - continued
D. Action by the City Commission on proposals from firms interested in
providing a job classification and pay plan for the City of Atlantic Beach
The City Manager reported that each Commissioner had received the pro-
posals of the two firms, George Cody & Assoc of Cocoa & Lakeland, and
one from Long & Associates of Ft. Lauderdale.
Long & Associates: $3,900
Cody $4,000
Both firms agreed that they would have the plan in place, the job des-
criptions written, and the classification system completed no later tha-i
August 16, 1985.
Motion: Award the study to provide a job classification and pay Cook x
plan to Long & Associates, of Ft.Lauderdale for an amount Gulliford x
of $3,900.
During discussion, Commissioner Morris asked if the item was budgeted.
Mr. Fellows replied in the negative. Commissioner Morris asked what in-
dicated the need for the service. The City Manager said the absence of
up-to-date job descriptions; a number of duties being performed by
workers who are working outside of a particular classification, and the
pay plan the city is presently using had only two steps and has no
flexibility to reward employees for merit. Commissioner Morris suggestei
the item be deferred until the next meeting.
Amended Motion: Award the study to provide a job classification and Cook x x
pay plan to Long & Associates of Ft.Lauderdale for an amount Gulliford x x
of $3,900. The fee to come out of contingency. Morris x
Van Ness x
No discussion before the vote. Amended motion carried unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
E. Action by the City Commission to approve a change in zoning atlas
to correct a printing error on Cornell Lane.
Due to a scrivener's error, the City map indicated half of a 100' lot
on the north side of Cornell Lane as zoned Residential Single Family
while the other half was zoned commercial. Mayor Howell asked for a
motion to correct the map to show Residential Single Family for the
entire 100' lot.
Motion: Move to correct the zoning map of the City of Atlantic Cook x
Beach. Gulliford x x
Morris x
No discussion before the vote. Motion carried unanimously. Van Ness x x
Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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New Business - continued -
F. Action by the City Commission to approve a Resolution implementing
terms of an interlocal agreement for distribution of possible gas tax
funds
Mayor Howell commented that several years ago the three beaches,Baldwin,
and the City of Jacksonville signed an interlocal agreement on the
distribution of a possible one-cent gas tax. The distribution would be
based on a population basis. Imposition of the gas tax at that time was
never passed. The City of Jacksonville recently asked the beaches to
update the interlocal agreement as the new law would allow them to im-
pose up to 6per gallon on gas for a period of 30 years. If approved
we would be assured of receiving the city's share. If the city did not
endorse the interlocal agreement, the Atlantic Beach share would be
held in escrow until that time when the agreement is negotiated satis-
factorily by both parties.
Motion: Authorize entering into an interlocal agreement with the Cook x
City of Jacksonville, City of Jacksonville Beach, Neptune Gulliford x
Beach, and Baldwin if and when the City of Jacksonville
passes the Ordinance imposing the gas tax.
Commissioner Gulliford said he met today with Messrs. Basford, Cook,
Carter, and all the At Large except Mr. Smith. One of the items dis-
cussed was the interlocal agreement. Commissioner Gulliford expressed
the opinion the city should enter into the agreement, and added that
all counties around us have passed it. The trend today is for projects Cook x
to be funded at the local level instead of State or Federal. Following Gulliford x
discussion, the question was called and the motion carried unanimously. Morris x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
G. Action by the City Commission to authorize the purchase of tangible
personal property from the Buccaneer Management Partnership for the use,
of the Buccaneer Water and Sewer District.
Mr. Fellows reported that each Commissioner had received copies of the
proposal on Buccaneer Management tangible personal property. He and
staff had evaluated the needs of the equipment and felt the city could
use it. The purchase would measurably assist him in the budget process
next year as he already had some indication that some of the items were
already needed. He recommended the Commission consider very strongly
the purchase of the property on the terms that had been provided by
Messrs. Braid and Strayve through the Buccaneer Management Partnership.
Value of the property as appraised by Gee & Jenson was $37,657.45,
Discount offer of 15% - ($5,648.62) , net offer to city-$32,008.83.
Commissioner Van Ness expressed the opinion the Commission had agreed
during discussion of the purchase the personal property was not needed
by the city. Mr. Fellows said the Administration had not really had an
opportunity to evaluate that particular aspect, and therefore felt this
would be the appropriate time to discuss it. Commissioner Morris asked
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New Business - continued
about the need for the 1985 Chev. Celebrity Wagon which was about one-
third (1/3) of the total price of the personal property. Mr. Fellows
answered in the affirmative, and said the car that Mr. Widdows now drives
was almost ready for retirement, and they planned to make some trade-
arounds, etc. so they would need an additional automobile. It would wind
up somewhere within the city structure. Commissioner Morris agreed, and
said he was sure the wagon would end up in the city structure - he had
never seen one sit around that someone didn't manage to get in and use.
His main concern was the price of $9,826.77.
Motion: Move to defer the item until the next meeting. Gulliford x
Morris x
Commissioner Gulliford suggested the item be deferred. One important
consideration was they were going to possibly meet with the low and
second low bidders and also have the Committee meeting. He noted on page
2 of the proposal the offer shall remain valid until August 1, 1985.
Mayor Howell pointed out if the city should end up purchasing the pro-
perty, it would not come from funds of the city. The purchase would
come from funds of Buccaneer. Commissioner Morris asked where they
would get funds when the city had to loan them money. The Mayor said
they did not have to pay for the property until August 1st and funds
would start coming in to Buccaneer as far as the City of Atlantic
Beach was concerned as of July 1. Mr. Fellows pointed out when the
purchase agreement was signed, Buccaneer agreed to let the city use
the equipment, etc. through June 30th. After June 30, 1985, he felt
Buccaneer Management would be looking for some kind of a lease arrange-
ment, etc. mainly on the vehicles their personnel used. Commissioner
Gulliford asked the City Manager to negotiate until the next meeting.
If not, maybe fill in with one or two from the city until the next Cook x
meeting. The City Manager said he would handle it. The question Gulliford x
was called and the motion carried unanimously. Morris x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
H. Commission action to grant authority for the advertising of bids
for the construction and reconstruction of sidewalks on the east side
of Ocean Boulevard from Atlantic Boulevard to 7th Street, and side-
walk repairs on East Coast Drive from 7th Street toward 10th Street.
Mayor Howell said the City Manager planned to use inhouse labor and
only asked authority to advertise for bids on concrete, forms, etc.
There was no objection from the Commission. Commissioner Gulliford
asked if the City Manager anticipated any leftover funds in contin-
gency that the city might set up a priority for additional sidewalks.
The City Manager said yes, sidewalks were budgeted for Atlantic Blvd.
for approximately $9,000. The State currently had that under advise-
ment, and he felt they will do that. Commissioner Gulliford asked him
to report at the next meeting locations the City Manager considered
priorities as to sidewalks.
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JUNE 24, 1985 COMMRS. M S Y N
New Business - continued
I. Action by the City Commission to approve Change Order No. 1 on the
relocation of water mains and installation of fire hydrants on Mayport Rd.
Mr. Fellows explained the relocation of water mains on Mayport Road was
completed, and the work amounted to an additional $10,000. It had been
set up sometime prior to January 1,1985 when the work was being laid out.
Since they did not know exactly what they would have to do, the decision
was made to wait and make any change order at completion.
Motion: Approve Change Order No. 1 on the relocation of water mains Cook x
and installation of fire hydrants on Mayport Road in the Gulliford x x
amount of $10,000. Morris x
Van Ness x x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
J. Action by The City Commission on a request from the Navy Department
in Charleston to provide 400,000 gallons of water per day for offbase
Navy housing from the Buccaneer Water and Sewer District.
The City Manager reported he had asked the Buccaneer Water & Sewer
District to examine the request and they had determined the Water & Sewer
District had the capacity to serve the Navy. They had prepared documen-
tation relative to the impact fees which would amount to $85,000. Mini-
mum water service fees for the 400 units would be $2,264.63 per quarter,
and 6720 per thousand for excess. The Navy would be required to extend
250' PVC to connect up to the existing line of Buccaneer. Mayor Howell
noted Buccaneer was also currently serving that area with sewer.
Motion: Approve the hook-up for offbase Navy housing to provide Cook x x
400,000 gallons of water per day, subject to entering Gulliford x
into the proper contract with the government. Morris x
Van Ness x x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
K. Discussion by the City Commission on advisability of seeking proposals
for an architectural evaluation of the Public Safety building.
The City Manager said it was his understanding from both Police Chief
Thompson and Fire Chief Royal that two other times during the term of the
previous City Manager certain deficiencies in the Public Safety Building
were pointed out, and his letter made the third consecutive year.
Deficiencies included a possible hazard for the firemen headquartered
in the top floor of the building. Mr. Fellows also noted the facility is
not in compliance with the National Electric Code. He questioned whether
any more money should be put into the building until further evaluation
was made. Mrs. Kerber, First St. reminded the Commission of the discussion
about two years ago as to whether they would put an addition on City Hall
or build a new Municipal building to house the Police and Fire Departments
and City Hall. They knew then the water was pouring in underneath the
windows and through the concrete blocks, and they had a difficult time
keeping papers dry with a hard rain, but the former City Manager chose to
put an addition on City Hall in lieu of a new Municipal Building.
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JUNE 24, 1985 COMMRS. MSYN
New Business - continued
The Commission agreed to authorize the City Manager to solicit proposals
for architectural services to evaluate the structure and the electrical ,
heating, ventilating, air conditioning, and plumbing facilities, and
suggest if the city should: a.) leave it as it stands, b.) renovate, or
c.) tear the building down and rebuild.
Action on Resolutions
A. Resolution NO. 85-15
Mayor Howell presented in full, in writing, Resolution No. 85-15, a
Resolution authorizing the Mayor and Clerk to execute the State Bond Loan
Agreement for $1.5 million dollars.
Motion: Move for passage of Resolution 85-15. Cook x x
Gulliford x x
Morris x
The City Attorney pointed out on page 47 of the interlocal agreement Van Ness x
the principal amount of the loan is $1,500,000. The amount to be de- Howell x
posited in construction fund is $1,294,276.77. The reason for that,
is in paragraph D, they are taking out of the bond proceeds the suf-
ficient amount of money to put in the reserve account in advance -
$177,723.23. Division of Bond finance fees will be $28,000. Mr. Mullis
said the City would have to execute the Escrow Agreement and it has
to be with a bank with assests of over $50,000,000, and the State has
required the city have that money this week deposited in the escrow
account and be in DER's hand prior to July 1, 1985.
Motion: The Mayor and Finance Director be authorized to execute Cook x x
the escrow agreement. Gulliford x x
Morris x
Mr. Mullis said the interest earned on the escrow account would go Van Ness x
to replenish the reserve account if the balance is below $177,723.23. Howell x
If the balance is more, they will reduce the annual interest payment by
that amount.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
B. Resolution No.85-16
Commissioner Van Ness presented in full, in writing, Resolution No.85-15,
a Resolution encouraging attendance at City Commission meetings, and
encouraging a more informal dress code during the summer months for men
and women.
Motion: Move for passage of Resolution No. 85-16. Cook x
Gulliford x
Morris x x
No discussion before the vote. Motion Carried unanimously. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
PAGE TEN V V
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JUNE 24, 1985 COMMRS. MSYN
Action on Ordinances
A. No. 90-85-94. AN ORDINANCE ZONING PROPERTY HEREIN DESCRIBED OWNED BY
HARCOURT BULL, WILLIAM BULL, JANE BULL, FROM OR TO PUD AND RG-2 TO PUD,
AS DEFINED UNDER THE ZONING CODE OF THE CITY OF ATLANTIC BEACH, PROVID-
ING AN EFFECTIVE DATE.
Mayor Howell presented the Ordinance in full, in writing, on first
reading.
Motion: Move for passage of Ordinance No.90-85-94 on first reading. Cook x
Van Ness x
Mayor Howell commented the Ordinance should also indicate the other
owner/s of the center section.
Amended Motion: Move for passage of Ordinance No. 90-85-94 on first Cook x x
reading, subject to correcting the Ordinance by adding the Gulliford x
owner/s of the center section in the appropriate places. Morris x
Van Ness x x
Mayor Howell set the Public Hearing for July 8, 1985. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
B. No. 90-85-93 AN ORDINANCE AMENDING CHAPTER 24 OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING THE
ZONING ATLAS OF PROPERTIES ALONG MAYPORT ROAD FROM ATLANTIC BOULEVARD
TO THE NORTH CITY LIMITS TO PROVIDE A MORE SUITABLE LAND USE CONSISTENT
WITH THE CITY OF ATLANTIC BEACH COMPREHENSIVE PLAN; PROVIDING AN EFFEC-
TIVE DATE.
Said Ordinance was presented in full, in writing by Mayor Howell on
first reading.
Motion: Move for passage of Ordinance No. 90-85-93 on first reading. Cook x
Gulliford x x
Morris x
A map showing the proposed zoning was displayed for the benefit of Van Ness x x
the Commission and audience. Commissioner Morris emphasized it was Howell x
strictly a proposal by the Advisory Planning Board after months of
study. Mayor Howell noted he had previously mentioned there were
covenants and restrictions on some of the property that was proposed
to be rezoned from Residential to Commercial Limited, and felt it was
not a good idea to rezone when you were faced with deed restrictions.
The question was called and the motion carried unanimously. Mayor
Howell set the Public Hearing for August 12, 1985.
* * * * * * * * * * * * * * * * * * * * * * * * * * * ;: * * *
Miscellaneous Business
Commissioner Gulliford asked about the status of Section H. Mr. Fellows
said he had furnished each Commissioner a copy of the roads closed as
requested by Commissioner Cook, and Mr. Mullis had furnished copies of
his legal research on the matter of special assessments. Mayor Howell
PAGE ELEVEN V V
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JUNE 24, 1985 COMMRS. MSYN
Miscellaneous Business - continued
commented on, during discussion of financing, one approach which would
not obligate the city to any extent. Financing of new roads, water and
sewer improvements could be furnished by the sale of bonds. Assessments
on the property owners would be pledged to repayment of the bonds
Repayment could be financed over a period of ten years. Mayor Howell is
on the State Committee for the Florida Pooled Loan Program and today
attended an all day meeting. He did not feel the city would be interest-
ed in their program, but will advise later. Commissioner Gulliford said
it was most important to move ahead in Section H before it developed in
a manner they would not like.
Mr. Mullis advised the Commission the next steps would be to retain a
financial advisor of an underwriting firm, and an engineering firm
to make the study which would comply with the law and follow Chapter
170 FS.
Motion: Move to ask the City Manager and City Attorney to draft a Cook x
schedule of steps to be presented at the next meeting by Gulliford x
which we would proceed with that type of financing and
development of the area, and recommend the procedures
accordingly.
Commissioner Morris said he would like some consideration given to
perhaps some Commercial Limited beltline type arrangement as it
might relieve some of the necessity to come out on Mayport Road
to shop, and also might give some incentive to a larger tax base.
He suggested that be addressed during the final reading of the Ordi-
nance on the proposed rezoning of Mayport Road to be held on August
12, 1985.
Commissioner Gulliford withdrew his motion and Commissioner Cook with-
drew his second. Commissioner Gulliford presented in full, in writing,
Resolution 85-17, A Resolution to proceed with the development and
making improvements in the area known as Section H.
Motion: Move for passage of Resolution 85-17. Cook x
Gulliford x x
Van Ness x x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mayor Howell advised the city had recently received title to the property
the city purchased last year right next to the sew-r plant.
There being no other business to come before the fi.mmission, the Mayor
declared the meeting adjourned.
(SEAL)
William S. Howell
ATTEST:�� L� Mayor/Presiding Officer
aieAdelaide Tucker,City Clerk
EXCERPTS FROM MINUTES OF JUNE 24, 1985
Negotiations with Deloitte Haskings & Sells
Howell: The procedure that we are following is we have talked to Coopers &
Lybrand and we have broken off negotiations with them, which doesn't
necessarily mean anything at this point. I think we will get into
that. . .
Mullis: You did that in compliance with the Statutes.
Howell: Do you have any opening statements?
Auditor: Since we made our presentation last time, we have been appointed the
Jim auditors for the City of St. Petersburg, Palm Beach County, and the
Scheuer City of Sebastian. I am the partner in charge of the Jacksonville
office. This is Susan Tripp, Susan is one of our senior auditors.
At what point did you sever negotiation with Coopers & Lybrand?
Howell: Laughter by all That's a good question.
Cook: We don't like this whole procedure.
Howell: We certainly don't.
Scheuer: It is an unusual procedure. . .Fla. is an unusual State.
Howell: I don't think it is the state, I think it is some gentlemen in the
Legislature.
Scheuer: Yes, in commercial companies it is even worse because at that point
you evaluate a firm, you negotiate with them, and if you are unable to
reach a satisfactory agreement, you terminate negotiations and you
can't go back to that firm for one year. At least with the government
you can select three and if you get down to the bottom and you want to
negotiate you can go back to the first one.
We are very interested in expanding our government practices in
Florida, and we are hungry and we will do just a heck of a job.
Gulliford: Well, why don't you give us a price then.
Howell: Would you like to quote us a price?
Scheuer: Well. . . Certainly. We would like to start negotiating a price. We will
propose that we will do the audit for the City of Atlantic Beach for
this year for $10,000.
Howell: If a three year contract were given, can you give us a figure for next
year and the following year.
Scheuer: Sure. Our fee for the next years would not exceed any inflationary
rate, whatever that would be, whatever inflation would come to. Say at
most, 10%, so I would say it would be $10,000, $11,000, and $12,000
at max. If it went to 6%, we would go to $10,600.
PAGE TWO
6/24/85
Howell: Now, does that, does your figure include all necessary work for all
departments, etc. of the city.
Scheuer: That's an indication how hungry we are. You know, adding the Buccaneer
utilities of course is going to add some audit services, and that is
all included in the $10,000.
Howell: What about compliance work on the Federal grants? You are including
that?
Van Ness: That's included.
Scheuer: Also a certificate of compliance. We'll help you achieve that at no
additional charge.
Gulliford: If we came to you as a Commission several months from now and said
look, we've got a little project that we think we need your services
would you be in a position where you could quote an hourly fee.
Scheuer: Yes, then we wouldn't have to go through negotiations process.
Gulliford: Right, can you quote that now?
Scheuer: Yeah, our fees range somewhere around $75.00 per hour.
Gulliford: You are saying somewhere around is $75.00 firm or is. . .
Scheuer: Well, let me. .interrupted by Gulliford.
Gulliford: Somewhere could be $50.00, $35.00
Howell: $10.00. laughter by all. .
Scheuer: Our range is. . . .we have a separate billing for each of our levels.
Office Manager, senior staff and it averages out somewhere around that
$75.00 per hour, but we'd certainly be willing to quote you a rate of
$75.00 per hour. It depends on how many people and what level you put
on and sometimes if you can leverage it down, you can do as much as we
can and have as many staff people whose rates are somewhat lower than
$75.00. If you top in, I would say $75.00 at least.
Cook: What kind of index are you tying this raise to every year?
Scheuer: Well, CPI, and we are not
Cook: You got a cap on it of $1 ,000 no matter what.
Gulliford: O.K. you are saying to whatthe CPI, but not to exceed $1,000 or
10%.
Scheuer: $1,000 is close enough. We go ???.
Morris: I'm not nearly as curious as I was.
PAGE THREE
6/24/85
Howell: Well, you are telling us that the figures you are giving us now for
fiscal 84/85 includes all departments, including Buccaneer and any
required compliance grants. And then next year, fiscal 85/86 it would
be a max of $11,000.
Scheuer: yeah,no, depending on one thing. If you go out and get some brand new
projects. . . .interrupted by Howell
Howell: Supposing we took, I mean suppose we got another Federal Grant next
year, so we have some compliance work on that, then my question is how
are we going to handle that, are we going to hourly basis or how are
we going to handle it.
Scheuer: What we'll do there is take a look at it, give you our estimate of
what that additional time is going to take and we'll negotiate a fee.
And we'll negotiate a satisfactory fee. In the last two years we've
been in Fla we've added over 250 clients and it is very very rare
that we don't negotiate a satisfactory fee.
Howell: And of course if we didn't we could go elsewhere to look for that
particular factor.
Scheuer: You won't have to.
Morris: Sounds good to me.
Howell: O.K.
Mullis to Gulliford: Their auditors that would be involved in this. . . .
Gulliford: Does the cities or the governmental bodies that you just mentioned
that you picked up since your presentation Inaudible
Scheuer: Yes, the City of St. Petersburg, Palm Beach County, and the City of
Sebastian.
Three people talking at the same time. Inaudible.
Gulliford: Are you doing anything for Tallahassee?
Scheuer: Not at this point. We have a proposal for some Legislative work.
Mullis: He means the city of. . . .
Scheuer: No, we don't.
Gulliford: Do they separate their utilities.
Mullis: Haskins & Sells, for years and years I know, did the combined billing
for all the utilities in the City of Tallahassee.
Howell: Let me get to one thing here, I'm a little bit confused. We presently
have a grant from EPA on the sewer plant, and we have a grant from DER
on the sewer outfall line. Actually, the compliance work on that, I
PAGE FOUR
6/24/85
Howell: don't see how it could possibly be required until fiscal 85/86.
Scheuer: What is the date of the grant?
Fellows: Most of it may be paid during 85/86.
Howell: Well, that's what I'm saying. That looks to me like that's going to
come into the next year, but yet I've tried to get in my mind is that
included. . .are those grants that we have now included. . . .interrupted
by Scheuer.
Scheuer: The grants that are existing right now that you have now are included
in the $10,000, 11,000, $12,000 totals.
Howell: O.K. regardless of what fiscal year they come in.
Scheuer: Any additional grants that come in, then we will just chat about
them.
Mullis: And the sewer bond program, anything that we are required to do on
that included in that?
Scheuer: Yes, sir.
Howell: Those grants that we have been awarded now and even though the
compliance work may not actually come up until next fiscal year
that's included and it's only those grants that we get beyond today.
Scheuer: I will have to look at the grants to see exactly what the compliance
require you to do. If there is a grant existing right now. .I'm not
sure exactly which ones and receiving those monies, whatever
compliance work is necessary in the next three years will be included
in those totals.
Cook: Do you carry insurance. I assume you do, I just want to hear you say
it.
Scheuer: Yes, sir.
Howell: Other questions? Van Ness, Morris, Cook, Gulliford? Does the Chair
hear a motion?
Gulliford: I'd move that we enter into an agreement with Deloitte Haskings &
Sells but on a one year basis until we've had a little experience. .
I'm hesitant to commit to three years.
Morris: I'll second the motion. In discussion I'd like to say that I don't
think that you would find any problem with them in the second and
third year. They're a heavy hit firm, a lot of resources and man
power. . .
Van Ness: I don't either.
PAGE FIVE
6/24/85
Gulliford: I have no doubts about that and I'll go into the thing positively
and let them prove it for a year and then this time next year if
we want to negotiate a three year contract they are the logical
one to negotitate with and they have convinced us that they can
do a great job.
Morris: What about an option on the second year?
Scheuer: That would save you the problem of lengthening this proposal
process.
Gulliford: Well, I thought we could do that, even if we entered into a one
year contract, that we had the right under the law to continue
to negotiate with the existing. .We don't??
Mullis: Yes.
Morris: Isn't that $11,000?
Gulliford: Sure, if you want, I'll amend my motion to so state.
Morris: I'll amend the second.
Howell: You've heard the motion and a second. Any discussion.
Personally, I'm going to vote no, not . . .it has nothing to do
with you'all, please understand me, but we listened to the first
firm and we sort of decided that we didn't like this whole
process, and that we should try to go on and break off with the
first one and I thought it was sort of anticipated we would break
off with the second and give everybody an opportunity. I have
nothing against you, don't misunderstand me.
Scheuer: Is there a problem with the fee?
Howell: No, sir. The problem is the process over which we have no
control. Please understand it's sorta of a principal thing, it
has nothing to do with your competence or reputation or anything
of that nature. Nothing to do with it.
Scheuer: inaudible - all talking at the same time.
Is there a problem with the fee??97?7?9
Morris: Nobody's going to stop you from trimming that figure.
Gulliford: Mr. Mayor, I respect your position, I'm sympathetic to it. I'm
going to vote for the motion. The reason for which is a consider-
ation of his fee relative to what we have paid in the prior year
and while my curiosity is still there as Mr. Morris appropriately
put a few moments ago, it has waned to some degree and I think
the intent of it unfortunately is such that I don't know that we
can continue to play games. I'm afraid that I have to vote for
it. I agree with you, I don't like the system, I don't like the
way it's being done. I'd be very curious to hear what the other. .
•
PAGE SIX
6/24/85
Gulliford: firm. . . .interrupted by Cook.
Cook: Be curious and vote against it like I'm going to do. I think the
other firm should be heard too.
Gulliford: I think we are stretching it now, though, and there is. . .
Cook: Stretching what?
Gulliford: If we are stretching it then we go beyond to the third person because
the intent of the thing is to go through steps until you find one that
you think the fee is satisfactory and the service is satisfactory. We
have reached, in my mind, that point using last year's firm and last
year's fee as a bench mark. I wish it was different, but unfortunately
that's the way it is, and I don't think the intent of that Legislation
is to allow some type of competitive negotiations which is what it is
intended to. . . .
Cook: Why not??
Gulliford: Well, I am not a Legislator. Somebody had a dadgum good lobbyist. The
CPA's did and that's what we have to work with.
Cook: I don't understand it and don't want to.
Howell: Any other discussion. Ready for the question? Let's poll by roll call.
Clerk: Commissioner Cook - NO
Commissioner Gulliford - AYE
Commissioner Morris - AYE
Commissioner Van Ness - AYE
Mayor Howell - NO
Howell: Well, Ladies and Gentlemen, you have been hired for one year for sure.
Scheuer: Thank you very much. We know we have been hired by the City Council
and not the Manager.
Howell: That is correct. You work for the City Commission.
Scheuer: The City Commission. .I didn't know whether you appointed an audit
committee or would you like us to deal with you directly or how???
Morris: Us.
Scheuer: All five of you in a group?
Van Ness: Yes.
Howell: You deal with the whole bunch.
Morris: You're looking at it.
Scheuer: What We like to do as our general approach is we come in and do some
preliminary planning on your audit, meet with you and go over our
audit plan all talking at the same time. Inaudible.
PAGE SEVEN
6/24/85
Howell: If you will advise the City Manager, we can schedule you, preferably
at regular meetings for discussions before the audit, during the
audit, and upon completion.
Morris: There's also a clause in there about a little roadside work that you
do in and around the city. Laughter by all. . . .inaudible.
Mullis: The first thing you need to do is address a proposal to the Mayor and
members of the City Commission setting forth all the services you will
perform, plus your fee and then. . . .interrupted by Scheuer
Scheuer: I was going to ask do we give you a letter of our understanding of
the services or you can write me a contract and I will sign it. How-
ever you feel best.
Mullis: We prefer you to put it in writing. If that's alright with the Commis-
sion. Let them do it.
Howell: Fine with me.
Scheuer: O.K. Thank you very much.
Morris: Thank you.
Van Ness: Thank you very much.
End of negotiations with Deloitte Haskings & Sells.
• - For officers of the Company, it is prohibited to claim as reimbursable
expense any salary regardless of time devoted to this contract. This
also includes expense of maintaining an office for such officers and
any costs related to the cost of the officers vehicles. These costs will
be absorbed in the management fee.
✓ Cost of audit by independent CPA firm designated by the City.
- Legal costs related to Company. Legal costs related to performance under
contract are reimbursable subject to restrictions and limitations in the
management agreement.
- Cost of maintaining a meter test shop.
- The contractor is providing operating capital to fund operations and
maintenance and normal renewal & replacement. The cost of this capital
is included in the management fee.
- The City will not reimburse for inventory but will reimburse when such
materials used or installed. The City will specify type of water meters
required for expansion and replacement.
- Such inventory as the contractor deems required to meet the terms of
the contract will be acquired and warehoused at contractor expense.
Between materials, repair parts, meters, boxes and equipment, City
estimates an investment in the range of $100, 000.
- After all of the above costs, a reasonable profit.
- Refer to schedule B.
METHOD OF REIMBURSEMENT
- Routine operations and maintenance, depreciation and management fee will
be reimbursed based on monthly report.
- After approval by the City, renewal & replacement, extensions and meter
installations due to development and major casualties outside the scope of
the budget will be reimbursed by individual invoices.
- Invoices to be fully documented and to include actual costs of labor,
materials, contract services, and use of vehicles and equipment not on
approved depreciation schedule.
- As contractor is providing initial capital, if total of an individual
job is anticipated to exceed $5,000 periodic draws are permitted.
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RESOLUTION NO. 85-15
WHEREAS, the City of Atlantic Beach proposes improvements to its
wastewater treatment system, and
WHEREAS, under the provisions of state law the City has applied for
participation in the State Bond Loan Program, and
WHEREAS, state bonds in the amount of $1,500,000 have been sold and
deposited for the use of Atlantic Beach for the stated improvements, and
WHEREAS, it is necessary for the City to enter into a loan
agreement for the use of said funds,
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City
of Atlantic Beach, Florida:
Section 1. That the Mayor and City Clerk be and they hereby are
authorized to execute a loan agreement with the Division of Bond
Finance, State of Florida, the proceeds of which will be used to
partially fund pollution control and abatement facilities for the City
of Atlantic Beach, Florida.
Section 2. A certified copy of this resolution shall be
furnished to the State of Florida Division of Bond Finance.
Introduced and passed in regular session assembled this 24th day of
June 1985.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
0 l
2
Willia'. . lig ell, Mayor, residing Officer
Approved as to Form
and Correctness:
/°1r
j CERTIFICATION
I certify this to be a true and correct
laude Mul�is, City •rney
copy of the :ecord io my office.
WITNESSETH my hand and c;ficial seal
(SEAL) of the City of Atantic _cis f�icrida,
this the,25 d;y of
ATTEST: 19 •
w� City Clerk
Adelaide R. Tucker, City Clerk
RESOLUTION NO. 85-16
WHEREAS, the City Commission of the City of Atlantic Beach meets
the second and fourth Mondays of each month, and
WHEREAS, during the summer months the temperature and humidity are
somewhat high, and
WHEREAS, in order to encourage attendance at the City Commission
meetings during the period of the summer months, a more informal dress
code would be in order.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF ATLANTIC BEACH, FLORIDA:
Section 1. To encourage attendance at City Commission meetings
of Atlantic Beach and to provide more comfort for the City Commissioners
and those in the audience, the City encourages a more informal dress
code during the summer months for men and women.
Section 2. This resolution shall become effective upon its
adoption.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Introduced and passed in regular session assembled this 24th day of June
1985. .
//r4;10.111°..."' di
-‘-/ / A i ,
William S. Howell, Mayor, Presiding Officer
Approved as to Form
and Correctness:
/ ,
laude L. Mullis, City Attorney
(SEAL) CERTIFICATION
certify this to be a true and correct
copy of the record in my office.
ATTEST: WITNESSETH my hand and official seal
of the City of Atlantic Ge.c,
„ Fl:rids,.
/JLC _ , e ,2e-,-ciez-c- this the 5 a y of
Adelaide R. Tucker, CMC 19
City Clerk
ity CL:rk
RESOLUTION NO. 85-17
A RESOLUTION TO PROCEED WITH THE DEVELOPMENT
AND MAKING IMPROVEMENTS IN THE AREA KNOWN AS
SECTION H, ATLANTIC BEACH, FLORIDA
WHEREAS, the City Commission recognizes the need to move quickly
with the provision of services in that area known as SECTION H, and to
provide for orderly future development of the same area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF ATLANTIC BEACH, FLORIDA that the City of Atlantic Beach intends to
proceed with the development of that area known as SECTION H with the
pursuit of the appropriate bond financing necessary to quickly provide
services to be paid from special assessments of the property therein;
BE IT FURTHER RESOLVED that the City Manager and City Attorney be
directed to develop a schedule, procedures, and methods to implement
this as soon as possible.
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Introduced and passed in regular session assembled this 24th day of
June, 1985.
///
William . Howell
Mayor/Presiding Officer
Approved as to Form
and Correctness:
/L. . --
1 ude L. Mullis
CERT4710ATiON
City Attorney I certify this to be a true and correct
copy of the record in my offico.
WITNESSETH my hand and official seal
ATTEST: of the City of Atlantic Beach, Florida,
/� / this the -6----day of Gr U
aG�.c'.r'G �/� jti<c/%?�c� 19 s-S
Adelaide R. Tucker,CMC �, City Clerk
City Clerk