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10-15-90 v CITY OF ATLANTIC BEACH SPECIAL COMMISSION MEETING MONDAY, OCTOBER 15, 1990, 7:30 P.M. Call to order 1. Marlene Brown, Comptroller of Pic N' Save, requests the late fee for said company be removed from the Occupational License for FY October 1990. Also requesting that in the future, for proof of date received for non-timely licenses filed, the mailing envelope should be saved by the City Clerk's Office. 2. Noe, Eakin & Foody, attorneys for Ira Bratcher requests the City Commission direct the contractor of Section H to work in another area of said project while St. Johns River Water Management District considers a proposal submitted to same for consideration. (Paul Eakin, attorney) 3. Financial advisor's report and consideration to proceed: 1. acceptance of Burton & Associates report, Sept. 26, 1990 2. refunding certain current debt 3. approving suggested finance team 4. Phase III & IV of contract with Burton & Associates 4. Any other business Adjournment MINUTES OF THE SPECIAL MEETING OF ATLANTIC BEACH CITY COMMISSION HELD AT 7:30 PM ON MONDAY, OCTOBER 15, 1990, IN CITY HALL, ATLANTIC BEACH The meeting was called to order by Mayor Gulliford. Present in addition to the Mayor were Commissioners Cook, Edwards, Tucker and Weldon. Also present were City Manager Leinbach, Finance Director Royal and City Clerk King. At the request of the Mayor, Item 2 was taken out of sequence and acted upon first. 2. Noe, Eakin and Foody, attorneys for Ira Bratcher, requesting the City Commission to direct the contractor of the Section H project to work in another area of project while St. Johns River Water Management District considers a proposal submitted to same for consideration. Attorney Paul Eakin stated that the Bratcher family lives on Tenth Street. They own twelve lots on Tenth Street and six lots on Ninth Street, as well as some lots on Camelia Street. Mr. Eakin said water and sewer lines had been installed on Ninth and Tenth Streets some years ago by Mr. Bratcher and approved by the city. In order to dig the ditches as proposed by the project, some of the water and sewer lines would have to be taken up. Mr. Eakin explained that Mr. Bratcher was proposing an alternate plan to install curb and gutters instead of ditches along his properties. He realized this plan would have to be approved by the St. Johns River Water Management District and he requested the City Commission to instruct the contractor to work in another area of the project in order to allow the engineer time to prepare the plans and review of same by the Water District. Mr. Eakin assured the City Commission that this review by the Water District would not cause a delay in the overall construction of the Section H project. Commissioner Tucker pointed out that Mr. Bratcher owned property on only the north side of Ninth Street and she inquired how the installation of curb and gutter on the north side of the street would affect the overall drainage in the area. Buck Snellings of the engineering firm of Connelly and Wicker, said he had been working on the proposal to eliminate the roadside ditches on Tenth Street and felt there was enough property to create the same volume of ditches along the easterly right-of-way on Orchid Street. He had not had an opportunity, however, to closely review the Ninth Street proposal. Billy Howell, Section H Project Manager, said in the planning stages of the Section H project the city held several public hearings and a cost of $31.84 per front foot was established. Mr. Eakin reported Mr. Bratcher received a quote of $4.00 per foot for curb and gutter and based on the information he had received, he felt curb and gutter could be cheaper than digging ditches and would save the city the time of having to dig up and relocate the utilities on Ninth and Tenth Streets. Page Two Minutes of Special Commission Meeting October 15, 1990 Bill Layton, Director of Land Development Engineering with Bessent, Hammack & Ruckman, the engineers for the Section H project, the "V" bottom ditches were bid at $3.00 per foot which was lower than the bid Mr. Bratcher had apparently received for curb and gutter. Mr. Layton referred to the ditch which was proposed on Orchid Street to compensate for the elimination of ditches on Ninth and Tenth Streets. He indicated that this ditch would be about one foot deep and could hold water for thirty-six hours if required, which, in his opinion, would saturate and cause damage to the sub grade of the street. For this reason all the ditches were designed to be below the grade of the street. Commissioner Weldon asked what further steps they would consider taking in the event the Water District did not approve the proposed plans and Mr. Eakin indicated he had not discussed alternate plans with Mr. Bratcher. City Engineer Bob Kosoy, said he had had indications the review of the plans by the Water District could take up to ninety days. He also pointed out that this project had been bid out and awarded to Barco and that regardless of additional quotes, parts of the project could not be contracted out to another contractor. Billy Howell said the time frame was important because the project was already running behind schedule and further delays would result in penalties to the contractor. A further consideration would be that if the contractor had anticipated being finished using certain equipment and could otherwise move this equipment to another job, having to keep this equipment on the site would result in additional expense to the contractor. He felt Mr. Bratcher needed to be willing to pay the additional cost, if any, which resulted from his redesign. Mr. Eakin, however, said since it was impossible to know what costs would be involved he would not expect Mr. Bratcher to "sign a blank check." Mayor Gulliford also said he felt the matter of the utility lines on Ninth and Tenth Streets needed to be researched to see that they were properly permitted and accepted by the city. Commissioner Cook inquired who would be responsible if additional expenses should be incurred. Mayor Gulliford responded that the motion provided that no additional expense could be incurred for the city and in the event no one else was willing to pay, the deal would be off. Commissioner Weldon inquired whether, in the event the Water District approved the proposal, the city would have the authority to reject it. The City Attorney pointed out no approval was being granted this evening. Mr. Bratcher was just being given thirty days to pursue the alternate plan. As with all changes to the original plan, it would then have to come back to the City Commission in the form of a Change Order for final approval. Page Three Minutes of Special Commission Meeting October 15, 1990 After a complete discussion of the matter Commissioner Weldon moved to grant Mr. Bratcher's request for additional time to pursue alternative drainage plans provided plans are submitted to the city and Bill Layton of Bessent, Hammack & Ruckman, and the St. Johns River Water Management District no later than fifteen days from this date and that resolution would take no longer than thirty days from this date, subject to agreement by the contractor, and provided this would result in no additional cost to the city. The motion was seconded by Commissioner Tucker. Mr. Howell asked for clarification as to where work on the project was to be stopped and it was determined work would be stopped on both sides of the street on Tenth Street, the north side of Ninth Street, and in front of Mr. Bratcher's property on Camelia Street. The question was called and was unanimously approved on roll call vote. Before proceeding to other agenda items, Mayor Gulliford afforded others in the audience an opportunity to bring questions or concerns before the Commission. Jane Bennett and Ms. Bryant presented pictures to demonstrate the depth of the of the ditches on Camelia. Mr. Howell explained the depth of the ditches was measured from the crown of the road. Some of the properties were built up and where property was two feet above the road grade, a two foot ditch was actually four feet below the elevation of the property. He said they were aware of the problem and were attempting to resolve the matter. Ms. Bennett also presented a petition from the residents of Camelia Street to the Commission expressing concern about the safety hazard the ditches presented and asking that the city do something to alleviate the problem. Mr. Leyton was asked to review the problem areas and report back to the City Commission at the meeting of November 12, 1990. Ms. Bennett said she had been authorized to speak on behalf of Joseph Williamson who owned property on Jasmine Street. She reported he would be willing to sell two lots for use as a retention pond. However, it was felt the property was designated as wetlands and could not be used for this purpose. A resident of West Fourth Street inquired why some streets had curb and gutters and others had ditches. Billy Howell explained decisions regarding the drainage were made during the public hearing process. In response to a question from another resident, he explained the different types of drains and reminded the residents no assessments were made for streets or drainage as the city was paying for this. Judy Causey, 276 Camelia Street, complained of the retention ditch in front of her home which she was told would be twelve feet wide and Mr. Leyton was asked to check into this. Page Four Minutes of Special Commission Meeting October 15, 1990 A question was also raised about the maintenance of the ditches and the expense involved. Mayor Gulliford reported that at this time the city did not own the proper equipment but may have to consider purchasing such equipment. At this time Mayor Gulliford called a five minute recess. Mayor Gulliford reconvened the meeting and directed attention to Item No. 1 on the agenda. 1. Marlene Brown, Comptroller of Pic N' Save, requests the late fee for said company be removed from the Occupational License for FY 90/91, also requesting that in future, for proof of date received for non-timely licenses filed, the mailing envelope should be saved by the City Clerk's office. Mayor Gulliford confirmed that each Commissioner had received a letter from Pic N' Save requesting that the delinquent penalty on their occupational license renewal be waived. Ms. Brown indicated that the payment had been mailed on time but the Post Office had been 'tardy in their delivery. Commissioner Cook moved to waive the delinquent fee. The motion was seconded by Commissioner Edwards. Discussion ensued regarding whether payment should be received by the due date or whether a postmark by the due date would be considered timely payment. Since the envelope had not been retained there was no way to determine when Pic N' Save had mailed the payment. The question was called and the motion carried on a 4 - 1 vote with Commissioner Tucker voting Nay. In further discussion it was determined a policy should be established to determine whether "payment" meant that the city must have receipt of payment or whether a postmark by the due date would be acceptable. After further discussion it was decided to put this matter on the agenda for the next regular meeting when a policy would be established. 3. Financial advisor's report and consideration to proceed: a. acceptance of Burton and Associates report, September 26, 1990 b. refunding certain current debt c. approving suggested finance team d. Phase III and IV of contract with Burton and Associates Mike Burton of Burton and Associates introduced Mike Kuhn of the firm of A.G. Edwards & Sons. Mr. Burton presented a letter with recommendations and reviewed this material in detail with the City Commission. He explained that refunding the existing water and sewer debt would result in savings to the City in the neighborhood of $52,000. He recommended refunding these issues, not only for the savings but to facilitate the issuance of new money debt by allowing the city to pledge the total Page Five Minutes of Special Commission Meeting October 15, 1990 system revenues to any new money debt issues. He explained the savings which could be realized by phasing water and sewer capital improvements at a maximum cost of $5 million per year 1991 through 1993 as opposed to one $15 million issue, and the benefits of moving ahead with the first refunding issue before the end of this year. James Gollahon, Vice President of A.G. Edwards & Sons, reviewed the city's outstanding debt on each of the Buccaneer, Oak Harbor and City systems. Proposed refunding would be at a lower interest rate and would combine the three water and sewer systems as one issue which would be split into three parts to allow for comparisons with the current funding. Mr. Gollahon also provided an exhibit illustrating the benefits of issuing three $5 million bond issues over 1991, 1992, and 1993 versus issuing one $15 million bond issue in 1991 which, he said, would allow the city to take advantage of the arbitrage rebate exemption available to small borrowers. He suggested spreading the total financing for new money and refunding over thirty years to level out the debt service. This would allow the city to pay for the new improvements over the expected life of the sewer plant. The city could pay the bonds off early if it so desired but not before the first call date which would probably be eight years. A typical penalty for paying off the debt early would be about 2% in the eighth year, 1% in the ninth year, and no prepayment penalty after the tenth year. Mr. Gollahon explained in some detail "window refunding" whereby the refunding debt could be extended to twenty or thirty years and the new debt of later issues would fill in the one to twenty year window. This would reduce the interest expense and, even with the new borrowings, would minimize the annual cash flow which directly impacts the rate structure for future revenues. Commissioner Weldon asked Mr. Burton to what year he would recommend moving the refunding. Mr. Burton responded the refunding would go out probably in years twenty to thirty and the new money to expand the system would be in the years one to twenty, thus lessening the total payments. Commissioner Weldon referred to Mr. Burton's letter of October 15 and inquired what funds would be used to pay the refunding debt if total system revenues would be used to pay off new money debt. Mr. Burton explained at some length how this would work and said a rate increase would probably be necessary to generate sufficient revenues to cover the additional debt. He said by pledging total system revenues, the city would be able to get better terms on a new loan. Commissioner Edwards inquired what kind of rate increase might be necessary and Mr. Burton said that would be the first task of the rate study. Page Six Minutes of Special Commission Meeting October 15, 1990 Commissioner Cook asked why the City Commission could not have been kept informed of progress being made by the financial advisors since they were authorized to proceed with the work. The City Manager responded that it had taken until now to review the city's current debt service and come up with the recommendations now being presented. The Mayor pointed out in the Buccaneer or Oak Harbor issues, the city had not had any input in the selection of the any of the financing team and he asked Finance Director Royal to provide each Commissioner with a copy of the charges involved in those issues. Mr. Gollahon said their objective would be to clean up the old debt so the city could borrow new money at reasonable rates and allow the city to move forward with the improvements to the system. Mr. Burton said at this time they were seeking authorization to proceed with Phases III and IV of their contract. The bond counsel, underwriters, engineers and auditors needed to be selected and authorized to proceed. Mr. Burton said their report on Phases III and IV would be submitted to the city before they would be asked to approve the issuance of the bonds. Commissioner Weldon moved to authorize Burton and Associates to proceed with Phases III and IV of their proposal dated July 24, 1990. The motion was not seconded and discussion continued. Discussion ensued and Mayor Gulliford said he felt Phase IV should be completed before Phase III was undertaken and Mr. Burton said both phases needed to proceed simultaneously. Under Phase III, in the event no bonds were issued there would be no payment due Burton and Associates for that phase of the agreement. Mayor Gulliford said he wished to confirm that work would commence under Phase III once authorization was given, but payment would be limited to $3,000 to cover incidental expenses in the event no bonds were issued. Mr. Burton said the other members of the financing team, which would include bond counsel, underwriter, engineer and auditor, needed to be selected. The engineer's report would be required to be in the official statement to the bond buyer to verify that the sewer system will be able to operate to support the revenues. The other members of the financing team would only be paid for their services when and if the bond issue closed. Public Services Director Bob Kosoy and Community Development Director Tom Bowles presented a draft of projected capital improvements based on future needs. Tom Bowles spoke to the matter and said the list of improvements had been compiled in cooperation with Harry McNally and Tim Townsend and it was the opinion of the staff that items A through G were essential and needed to be undertaken immediately. He estimated the improvements would cost in the neighborhood of $10.6 million. Commissioner Tucker moved to authorize Burton & Associates to move ahead with Phase IV at a cost not to exceed $17,900 and Phase III at a cost Page Seven Minutes of Special Commission Meeting October 15, 1990 not to exceed $3,000 with the condition a report on Phase IV be presented to the City Commission on November 12. The motion was seconded by Commissioner Weldon and on roll call vote, was unanimously approved. The City Manager asked how the City Commission wished to proceed to select the financing team. Mr. Gollahon said they were representing the city in the capacity of financial advisor and would not act as underwriter but had made recommendations in that regard. Mayor Gulliford inquired whether the city was bound by the Consultants Competitive Negotiation Act or any other criteria in the selection of the finance team and the City Attorney responded that he was not aware of any such provision. Mayor Gulliford referred to Mr. Gollahon's letter of October 5 and pointed out that in his opinion the fee quoted by Gee & Jenson was very high. Mr. Burton said the engineer's report would include a certain amount of project definition and the fact two bond issues were involved he felt the fee may be reasonable. After further discussion the Commissioner Weldon moved to authorize the City Manager to analyze the proposals and negotiate agreements with the various firms on the finance team and present recommendations at the next meeting of the City Commission. The motion was seconded by Commissioner Cook and was unanimously approved. Before adjourning the meeting Mayor Gulliford said he had personally seen the deplorable condition of the vacant lot adjacent to the Royal Palm Theatre and asked that the Code Enforcement Officer be directed to notify the owners and if necessary, have city crews clean the lot and place a lien against the property. Commissioner Cook reported that Louis MacDonell had complained to him about "For Sale" signs being placed on city property all over town. The City Manager was instructed to check into this and see that the law is being enforced equally for all. There being no further discussion, the Ma or declared the meeting adjourned at 10:20 PM. A AA/OA/ASI Wi liam I. Gul ifor. Mayor/Presiding Of . ATTE ST: 7d7b,c024--,,/ /4,1„:„, 7 Maureen King, City Cl4k OCTOBER 11 , 1990 WE THE HOMEOWNER ' S OF ATLANTIC BEACH, WHICH LIVE ON CAMELIA STREET, T E T _-_-_ _= ..�__---,�..�_.._.�...^--_ _— -. __;. _ _.! --- .�-=-•==��3 P I ION TO THE CITY COUNCIL AND THE MAYOR OF ATLANTIC BEACH ABOUT THE DITCHES THAT ARE BEING INSTALLED IN OUR STREET. AS TAX PAYERS IN SECTION "H" , WE DEMAND THAT THE IMPROVEMENTS TO OUR COMMUNITY ARE NOT TO OUR SATISFACTION. WE HAVE BEEN ADVISED THAT THEIR IS ANOTHER ALTER- NATIVE TO THIS PROBLEM. WE DO UNDERSTAND THE ENVIRONMENTAL REG- LATIONS THAT THE CITY IS HAVING TO DEAL WITH. WE ARE PLEASED WITH THE HARD WORK AND THE EXPENSE THAT THE CITY IS DOING SUCH A GOOD JOB ON THE REDEVELOPMENT OF THIS AREA. BUT WE WERE NOT AWARE OF THE DECISIONS THAT WERE MADE BY THE CITY COUNCIL AND BY THE MAYOR OF OUR SECTION OF THIS DEVELOPMENT MADE ON OUR STREET. WE ARE OBJECTING WITH THE DEVELOPMENTS MADE TO OUR STREET. WE ARE ASKING THE COUNCIL AND MAYOR TO CONSIDER CHANGING THESE DITCHES ON OUR STREET. WE ARE CONCERNED WITH THE SAFTEY OF OUR CHILDREN AND GRANDCHILDREN, AS YOU WELL KNOW, NO MATTER HOW MUCH SUPERVISION, CHILDREN WILL PLAY IN THESE DITCHES, AND WE ARE SPEAKING ABOUT FOUR FOOT DITCHES . WE HAVE SIGNED THIS PETITION UNDER OUR OWN FREE WILL AND KNOW THIS CAN BE RESOLVED WITH THE HELP OF OUR MAYOR AND CITY COUNCIL TO BETTER OUR COMMUNITY AND POTENTIAL HOMEOWNERS OF ATLANTIC BEACH, FLORIDA. / Atceh :Pr '114. ' i.1 . ��. -�•.V=(,. r I Alic w�