12-10-90 v CITY OF ATLANTIC BEACH
REGULAR MEETING MONDAY, DECEMBER 10, 1990
AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of the minutes of the regular meeting of November 26,
1990
2. Recognition of visitors:
3. Old Business:
A. General discussion of Beach Avenue water and sewer improvements
(Andy May, G&J rep.)
4. Consent Agenda:
A. Discussion and related action requesting approval to increase
Change Order #1 for the new city hall in the amount of $3,231
(Tom McNett, - Clements, Rumple, Goodwin rep.)
B. Discussion and related action relative to the contract with the
City of Jacksonville relative to the Community Development Block
Grant (Stan Reigger)
C. Request to carry over leave to 1991 (Maureen King, City Clerk)
5. Committee Reports:
A. Report and recommendation relative to Bid #9091-1 - Renovation
of Wastewater Plant and Storage Tank (Commissioner Edwards)
B. Report and recommendation relative to Bid #9091-2 - Housing
Rehabilitation (Commissioner Weldon)
6. Action on Ordinances:
A. Public hearing and final reading of Ordinance #15-90-6 relative
to water and sewer revenue bonds (Robert Freeman, City's Bond
Counsel - Squire, Sanders and Dempsey)
B. Introduction and first reading of Ordinance #95-90-48 relative
to adopting a Comprehensive Plan for the City of Atlantic Beach
7. New Business:
A. Public hearing relative to Ordinance #80-90-43 regarding
Stormwater Management Utility (Jim Scholl, CH2M Hill)
B. Public hearing relative to Ordinance #80-90-44 regarding
Stormwater Management Utility Fees (Jim Scholl, Ch2M Hill)
C. Public hearing for Use by Exception for an alcoholic beverage
license for Amoco
D. Public hearing for Use by Exception to construct a telephone
tower at 251 Levy Road, filed by Peter and Delia Rodriguez
E. Public hearing for Use by Exception for automotive/truck service
garage at 10-20 Donner Road, filed by Fred Lewis
F. Report on DeWees Crossover (Robert Kosoy, Public Services Dir.)
8. City Manager reports and/or correspondence:
9. Mayor to call on City Commissioners, City Attorney and City Clerk:
Adjournment
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM—
MISSION HELD IN CITY HALL AT 7:15 PM ON MONDAY, DECEMBER 10, 1990 V V
O O
PRESENT: William I. Gulliford, Jr. , Mayor T T
Robert B. Cook E E
Glenn A. Edwards D D
John W. Weldon, Commissioners
AND: Kim D. Leinbach, City Manager M S
Alan C. Jensen, City Attorney 0 E
Maureen King, City Clerk T C
I O Y
ABSENT: Adelaide R. Tucker (Excused) NAME OF ONEN
COMMRS. N D S 0
The meeting was called to order by Mayor Gulliford. The
invocation, offered by Commissioner Cook, was followed by the
pledge to the flag.
1. Approval of the minutes of the regular meeting of November 26,
1990
Cook x
Motion: Approve minutes of the regular meeting of November Edwards x x
26, 1990 Weldon x x
Gulliford x
In discussion before the vote, Commissioner Weldon requested that
his vote on the motion to authorize a half day holiday on Christmas
Eve be corrected to reflect agreement with the motion. The
question was called and the minutes were approved as corrected.
2. Recognition of visitors:
Kathleen Russell, 2117 Beach Avenue, requested permission for
guests at a function at her home on December 16, 1990, to park on
Twentieth Street and Seminole Road. After brief discussion,
approval was granted so long as driveways were not blocked. She
also inquired into the status of acquiring deeds for the north end
of Beach Avenue and City Attorney Jensen said he would report be
prepared to report on this at the meeting of December 13, 1990.
Terry Holt, 724 East Coast Drive, complained of bicyclists not
wearing reflective clothing or having lights on their bicycles. He
also complained of large trucks using East Coast Drive and
requested better street lighting. It was pointed out state law
requires lights on bicycles at night and the Police Chief said they
had worked with children to promote bike safety. The City Manager
was requested to look into the possibility of prohibiting trucks on
East Coast Drive.
Jim Pitts, 8089 Hunters Grove Road, developer for Mallard Cove,
Otter Run and Marsh Oaks, said he was planning a fourth project in
the Buccaneer District which he projected would be ready to hook up
by September 1991. He said he had received a letter from the city
in September 1989 which indicated sewer service would be available.
Since that time he has been told that capacity is not available.
He explained the need for his proposed project and asked whether it
PAGE TWO V V
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DECEMBER 10, 1990 COMMRS. MSYN
would be possible to install a package plant or divert some of the
flow from the Buccaneer plant to Atlantic Beach plant. The City
Manager explained the package plant at Sea Gardens, which is
projected to be on line by June 1991, would help but that
additional capacity would be needed.
Alan Potter, 374 Second Street, said that with the addition of a
surge tank and aeration equipment the capacity of the present tank
could be increased to handle in excess of 1.3 MGD. He explained
that a surge tank would equalize the flow over a 24-hour period.
He felt the addition would be a simple matter and would cost
approximately $250,000. Mr. Potter invited city personnel to visit
his Blanding or Kingsley plants both of which were successfully
using surge tanks. The general consensus was for city personnel to
visit Mr. Potter's plants and proceed as quickly as possible.
Mayor Gulliford told Mr. Pitts he would try to report back to him
on the matter by January 1.
Rosalee Bryant, 162 Camelia Street, said residents of Camelia
Street, between West First and West Third Streets, had been told
they could pay to have culverts instead of swales on their
properties in Section H. She indicated three property owners
wished to do so and asked permission to pay this amount in
installments. Mayor Gulliford said he planned to report later in
the evening on a meeting with Section H residents and this matter
would be discussed further at that time.
3. Old Business:
A. General discussion on proposed Beach Avenue water and sewer
improvements
Andy May of Gee & Jenson Engineers, reported they had met with city
personnel and had finalized cost estimates for the project. The
project has been submitted to HRS and DER for permitting review.
He presented preliminary assessments of $50.00 per front foot for
water, $79.00 per front foot for sewer and $2.00 per front foot for
fire protection for the area north of Eighteenth Street. Mr. May
explained the assessments were considerably higher than those in
the Section H area because of infringement onto the right-of-way by
property owners and the resurfacing which would be required. Mayor
Gulliford suggested the city consider paying for the repaving and
assess the property owners for only the water and sewer lines, as
was done in Section H. After further discussion it was the general
consensus a special meeting should be scheduled to meet with
property owners on this matter.
4. Consent Agenda:
A. Approval of Change Order No. 1 representing an increase in the
amount of $3,231 in the contract for construction of anew
City Hall
PAGE THREE V V
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DECEMBER 10, 1990 COMMAS. MSYN
B. Approval of aunt to Contract No. 5692-3 with the City of
Jacksonville relative to C mmnity Development Grant
C. Approval for City Clerk to carry over unused leave balance to
1991
With Reference to Iter 4B, Stan Reigger explained this was a
continuation of an existing contract and would provide for an
additional $98,100.00 of which 80% would go toward rehabilitation
of homes. Cook x
Edwards x
Notion: Approve passage of Consent Agenda Weldon x
Gulliford x
No discussion before the vote. The motion carried unanimously.
5. Committee Reports:
A. Report and recommendation relative to Bid No. 9091-1:
Renovation of Wastewater Plant and Storage Tank
Commissioner Edwards reported seven bids had been received and upon
review of the bids, it was the recommendation of the Awards
Committee the bid of Eagle Tank Service of Daytona Beach be
accepted.
Notion: Accept the bid of Eagle Tank Service of Daytona Cook x
Beach for renovation of wastewater plant and water Edwards x x
storage tank in the amount of $31,999, in accordance Weldon x x
with the specifications of Bid No. 9091-1 Gulliford x
In discussion before the vote Commissioner Weldon inquired
regarding the large range in prices bid but Commissioner Edwards
said he could offer no explanation. The motion carried unanimously.
B. Report and recommendation relative to Bid No. 9091-2: Housing
rehabilitation
Commissioner Weldon reported five bids were received for the
rehabilitation of three houses. After review of the bids it was
the recommendation the bid of Staco Construction be accepted for
the rehabilitation of the Williams home at 25 Donner Road, and the
Cross home at 151 Ardella Road, and that the bid of Trump
Constructors be accepted for rehabilitation of the Peterson home at
76 Ardella Road.
Motion: Accept the bid of Staco Construction in the amount Cook x x
of $28,094.00 for rehabilitation of homes at 25 Edwards x
Donner Road and 151 Ardella Road, and the bid of Weldon x x
Trump Constructors in the amount of $20,350.00 for Gulliford x
rehabilitation of a home at 76 Ardella Road
No discussion before the vote. The motion carried unanimously.
PAGE FOUR V V
MINUTES NAME OF
DECEMBER 10, 1990 COMMRS. MSYN
6. Action on Ordinances:
Ordinance No. 15-90-6 - Public Dearing
AN ORDINANCE OF THE CITY OF MANTIC BEACH, FLORIDA, PROVIDING FOR
THE REFUNDING OF CERTAIN OUTSTANDING REVENUE OBLIGATIONS OF THE
CITY; PROVIDING FOR THE ISSUANCE OF WATER AND SEWER REFUNDING
REVENUE BONDS, SERIES 1990, OF THE CITY TO FINANCE THE COST
THEREOF; PROVIDING FUR THE PAYMENT OF SUCH BONDS; PROVIDING FOR THE
RIGHTS, SECURITY AND REMEDIES OF THE REGISTERED OWNERS OF SUCH
BONDS; AND PROVIDING AN EFFECTIVE DATE
Mayor Gulliford presented in full, in writing, Ordinance No.
15-90-6 on final reading, said ordinance having been posted in
accordance with Charter requirements. He opened the floor for a
public hearing and invited comments from the audience.
Alan W. Potter, 374 Second Street, Atlantic Beach, spoke in
opposition to the proposed refunding and presented in support of
that position a memorandum dated December 7, 1990, to the Mayor and
City Commission, along with supporting documents totalling 74
pages. Mr. Potter explained at some length his concerns itemized
on page two of the memo. Memorandum dated December 7, 1990, is
attached hereto and made a part hereof.
Mr. Potter questioned whether some of the improvements to the
Buccaneer plant, referenced D-13 in the aforementioned documents,
were necessary. He also referred to the new money issues proposed
for 1991 and 1992 and expressed the opinion the 7,000 utility
customers would not be able to bear such a financial burden. He
also referred to the proposal to add a new water well in the
Buccaneer water distribution system and said that while there may
be some small amount of drawdown at the existing wells there was no
need for an additional well.
Mr. Potter also pointed out that when the city purchased the
Buccaneer system, a commitment was made to the citizens that no
money from the Atlantic Beach system would ever go to support
Buccaneer. For this reason also, he felt the three outstanding
bond issues should not be consolidated.
Mayor Gulliford expressed concerns about the money the city had
spent for studies which were not then utilized.
Robert Freeman of Squire, Sanders & Dempsey summarized the
proceedings to date regarding the refinancing and outlined the
proposed timetable for the refinancing. He said he was unable to
respond to Mr. Potter's comments regarding whether certain capital
improvements were necessary and Bill Armentrout from Gee & Jenson
Engineers, was not in attendance to speak to this. He presented a
written response to those points raised by Mr. Potter which related
to his area of expertise. Copy of said document is attached hereto
and made a part hereof.
PAGE FIVE V V
MINUTES NAME OF
DECEMBER 10, 1990 COMMRS. MSYN
Mike Burton said upon review of the city's outstanding debt it had
been their recommendation the city refinance the Oak Harbor,
Buccaneer, and State of Florida bonds. He said current interest
rates were low so it would be to the city's advantage to refinance
at this time. It was his opinion that by refinancing and spreading
the payments over a thirty year period the refinancing would not,
in essence, cost the city anything, and the city would be in a
position to meet its debt by levying only a small utility rate
increase next year. Mr. Burton presented a utility rate analysis,
copy of which is attached hereto.
After a full discussion on the matter, Mayor Gulliford suggested
the public hearing be continued at the special meeting on Thursday,
December 13, 1990. The City Commission concurred in this
suggestion.
At this time Mayor Gulliford called on Tom McNett of Clements,
Rumpel, Goodwin for a status report on the construction of the new
City Hall.
Mr. McNett reported that it appeared that work on the
administration building was on schedule but that the construction
of the Commission Chambers was about two months behind schedule.
He said the contractor had indicated that he will be able to able
to get back on schedule and complete the project on time.
Commissioner Weldon inquired why computer cables were being laid
between the new buildings and the police station and it was
explained that this was planned for future use and that it was more
economical to do this work in the construction stage of the
building.
B. Ordinance No. 95-90-48 - First Reading
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
ATLANTIC BEACH, ADOPTING A COMPREHENSIVE PLAN IN ACCORDANCE WITH
THE PROVISIONS OF CHAPTER 163, PART II, OF THE LAWS OF THE STATE OF
FLORIDA, PROVIDING AN EFFECTIVE DATE.
Mayor Gulliford introduced Ordinance No. 95-90-48 in full, in
writing on first reading.
Motion: Approve passage of Ordinance No. 95-90-48 on first Cook x
reading and set for public hearing on Thursday, Edwards x x
December 13, 1990 Weldon x x
Gulliford x
No discussion before the vote. The motion carried on a 3 - 1 vote
with Commissioner Cook voting nay.
Commissioner Edwards reported the Northeast Florida League of
Cities has scheduled a meeting on Wednesday, December 12, 1990,
regarding Comprehensive Plans and were seeking input regarding
aspects or elements of the plans to which the cities are most
opposed. He requested the City Commissioners to pass their
comments to him before that date.
PAGE SIX V V
MINUTES NAME OF
DECEMBER 10, 1990 COMMRS. MSYN
7. New Business:
Ordinance No. 80-90-43 - Public Hearing
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
ATLANTIC BEACH, AMENDING CHAPTER 22, UTILITIES, ADDING NEW ARPICL,E
IV TO ESTABLISH A S'IOIMMTER MANAGEMENT UTILITY PROGRAM TO PROVIDE
GENERAL PROVISIONS, DEFINE THE CUSTCMER BASE, CREATE AN ENTERPRISE
FUND, PROVIDE FOR BILLING AND COLLECTION, DEFINE SEVERABILITY,
PROVIDING AN EFFECTIVE DATE
Mayor Gulliford presented Ordinance No. 80-90-43 in full, in
writing, said ordinance having been posted in accordance with
Charter requirements. The Mayor opened the floor for a public
hearing and invited comments from the audience.
W.J. Ryszykow, 535 Royal Palms Drive, said taxes were being raised
from the federal to the local level and felt that an addition
charge of even $3.00 per month would be a hardship, especially for
people on a fixed income. Deloris Reinikainen inquired whether
revenues could be used for other purposes or whether they would be
used solely for drainage purposes. Mayor Gulliford explained the
revenues would be restricted to drainage related matters only.
Others expressing opposition to the matter were Ken Scudder, 388
Eleventh Street, and Della Koenig, 780 Redfin Drive. Alan Potter,
374 Second Street, advised that Florida Statutes Chapter 403
provides that any entity may discharge into the waters of Florida
so long as the water being discharged is not of a quality less than
that of the receiving stream. He suggested the city start testing
water samples in an attempt to verify that the city is not
discharging pollutants greater than the receiving stream. If this
could be ascertained, it would appear the city would not need to do
anything.
Mayor Gulliford pointed out that the city needed to develop a
master drainage plan and provide better maintenance on drainage
ditches.
At the Mayor's suggestion, it was agreed to continue the public
hearing at the special meeting on Thursday, December 13, 1990.
B. Ordinance No. 80-90-44 - Public hearing
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
ATLANTIC BEACH, AMENDING CHAPTER 22, UTILITIES, ADDING UNDER
ARTICLE IV A SECTION TO ESTABLISH STORWITER MANAGEMENT UTILITY
RATES, TO PROVIDE GENERAL PROVISIONS, DEFINE Fri: CATEGORIES,
ESTABLISH A _PIE SCHEDULE,E, SFa' ENFORCEMENT AND PENALTY PROCEDURES,
ESTABLISH AN APPEAL PISS, DEFINE SEVERABILITY, AND PROVIDING AN
EFFECTIVE DATE
Mayor Gulliford presented Ordinance No. 80-90-44 in full, in
writing on final reading, said ordinance having been posted in
accordance with Charter requirements. The Mayor opened the floor
for a public hearing and invited comments from the audience W.J.
PAGE SEVEN V V
MINU'T'ES NAME OF
DECEMBER 10, 1990 COMMRS. MSYN
Ryszykow said he wished to confirm that businesses such as Pic N
Save would also be required to pay the utility fee and Mayor
Gulliford clarified that business would pay the fee but it could be
claimed as a business expense.
It was agreed to continue the public hearing on this ordinance
until Thursday, December 13, 1990.
C. Public hearing on a Use by Exception filed by Amoco Oil for
the sale of beer and wine at 1211 Mayport Road
Mayor Gulliford reported that the Community Development Board had
considered the matter and had recommended approval. He opened the
floor for a public hearing and invited comments from the audience.
Charles Mann, 323 Arlington Road, represented Amoco Oil. He said
the company had overlooked a previous zoning change and were
seeking the exception to compete with other like businesses in the
area. There being no further comments from the audience the Mayor
declared the public hearing closed.
Motion: Grant approval for use by exception to allow the Cook x x
sale of beer and wine at the Armco station at 1211 Edwards x x
Mayport Road Weldon x
Gulliford x
No discussion before the vote. The motion carried unanimously.
D. Public hearing on Use by Exception filed by Peter and Delia
Rodriguez to construct a telephone tower at 251 Levy Road
Mayor Gulliford reported that the Community Development Board had
considered the matter and had recommended approval provided
approval was also granted by the Navy at Mayport. He opened the
floor for a public hearing and invited comments from the audience.
David Edwards of the law firm of Mahoney, Adams & Criser spoke on
behalf of Peter and Delia Rodriguez and BellSouth Mobility. He
said the tower would improve the quality of reception on cellular
telephones and felt it would be compatible with other businesses in
the area. He also had contacted same of the neighboring residents
and had received no objections.
Cook x x
Motion: Grant Use by Exception to Peter and Delia Rodriguez Edwards x x
to construct a telephone tower at 251 Levy Road Weldon x
Gulliford x
No discussion before the vote. The motion carried unanimously.
E. Public hearing on Use by Exception filed by Fred Lewis for
automotive repair at 10-20 Donner Road
Mayor Gulliford presented the matter to be considered and the City
Manager introduced George Worley, new Community Development
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PAGE NINE V V
MINUTES NAME OF
DECEMBER 10, 1990 COMMRS. MSYN
8. City Manager reports and/or correspondence:
The City Manager reported he was working with the Parks and
Recreation Director to develop a master plan for Donner Park. This
plan will be presented to the City Commission and Community
Development Board at a later date.
The City Manager also reported he and Don Ford had been advised by
electrical contractors of some ambiguities in the electrical fee
structure. Some revisions will be presented to the City Commission
for review at a future date.
Catmissioner Weldon thanked Alan Potter for the time he had spent
compiling the data regarding the city's proposed refinancing and
future capital improvements.
Mayor Culliford reported on the Christmas tree lighting activities
and said the evening was a huge success.
Mayor Gulliford presented Resolution No. 90-21 thanking Karen Moore
for her contributions to the city during her three years of
employment and wishing her good fortune as she moves to Alabama.
Cook x x
Notion: Approve passage of Resolution No. 90-21 Edwards x x
Weldon x
No discussion before the vote. The motion carried unanimously. Gulliford x
Mayor Gulliford reported on a recent meeting which had been held
with Section H residents. He said they had agreed to investigate
the possibility of changing the direction of the flow of the
drainage ditches on a two block portion of Camelia Street to a
southerly direction to the existing retention area or to create a
new pond for this purpose. Residents on Camelia Street could then
culvert their entire front property line and, in view of the
Christmas season, he asked the City Commission to consider
deferment of payments. Cook x x
Edwards x x
Motion: Authorize payments to be deferred until 90 days Weldon x
after installation of culverts Gulliford x
No discussion before the vote. The motion carried unanimously.
There being no further business to come .- ore th- City Commission,
the Mayor declared the meeting .djourne• at 10:50
I
William Gul
if,
Mayor/Presiding
ATTEST:
Maureen King, Cite
•
(
MEMORANDUM
TO: Mayor and City Commission
City of Atlantic Beach, Florida
FROM: Robert 0. Freemen
Squire, Sanders & Dempsey
DATE: December 10 , 1990
RE: City of Atlantic Beach, Florida Water and Sewer
Refunding Revenue Bonds , Series 1990
Correspondence of Mr. Alan W. Potter, Sr. regarding same
We would like to respond to certain concerns and
opinions raised by Mr. Alan W. Potter, Sr . in his letter to the
City dated December 7 , 1990 .
In reference to the numbered statements set forth on
page 2 of Mr. Potter ' s letter:
1 . The City is not required under any existing
provision of the City' s current bond issues to refund the
outstanding debt. The City is permitted to advance refund the
outstanding issues if it so desires .
2 . As to whether the debt service is being adequately
handled by existing revenues , we defer to the rate study prepared
by the City' s financial advisor. The three bond issues
outstanding require the City to maintain rates sufficient to
operate and maintain the respective systems as well as provide a
certain coverage of debt service. The Buccaneer Bond ordinance
requires a 110% coverage. The Oak Harbor Bond ordinance requires
a 120% coverage. The loan from the State of Florida requires a
133% coverage. The City is required to satisfy each rate test
separately for each bond issue. The proposed refunding bond
ordinance requires a 110% coverage based on combined net
revenues .
3 . As to the existence of "critical issues , " we would
defer to the City ' s financial advisor and consulting engineer .
From a federal tax law standpoint, the issuance of the refunding
bonds in calender year 1990 would prevent loss of the City ' s
"small issuer" status for calender 1991 with respect to the
payment of arbitrage rebate to the United States Treasury if the
City issues additional bonds in 1991 .
4 . Three parity bond issues could be issued under the
three separate ordinances to finance improvements to the
respective systems . This would involve three separate sets of
issuance expenses , tripling the cost to the City. Under the
refunding bond ordinance the City could consolidate its bond
issuance by issuing one series of bonds to finance improvements
for all three systems .
5 . The City would still incur costs associated with the
rate study for each of the three systems if the refunded bonds
are not issued .
6 . The existing bond issues , as well as the refunding
bond ordinance, require rates sufficient for the operation and
maintenance of the City' s systems .
7 . No "unjust reward" will be given to any existing
bondholder. The payment of the redemption premium on the State
Loan is required for redemption on the first allowable call date
and is an industry standard which compensates the holder of a
bond being redeemed early for the loss of tax exempt interest to
the original maturity. There is no premium to be paid the
holders of the Buccaneer Bonds or the Oak Harbor Bonds .
8 . The existing bond ordinance does not require the City
to issue any additional bonds . The determination of the need for
capital improvements and the method of financing such
improvements rests with the Commission.
9 . As determined by the City ' s financial advisor, the
City would be required to institute a greater rate increase if
the existing bonds and covenants related thereto remain in place.
In reference to the numbered items on Reference (C) of
Mr. Potter' s letter:
la. We defer to the City' s Finance Director.
lb. See 2 . above.
lc. The City would use revenues to pay for the cost of
three separate rate studies for the three separate systems .
Under the refunding bonds ordinance, only one rate study is
necessary.
- 2 -
•
t • '
,fir..,e. & �y
2a. The proposed principal amount of the refunding
bonds will not exceed $5 ,000 ,000 . The actual principal amount
issued will be less than $5 ,000 ,000 .
2b. The increase in debt will depend upon the actual
amount of bonds issued . Likewise the debt service savings will
depend on the interest rates available on the sale date.
2c. The increase in outstanding principal amount will
be attributable to the cost of issuance. The increase in
principal amount is factored into the debt service savings
estimates .
2d . The City should consider the overall savings as
well as the advantages (or disadvantages ) of the combined revenue
pledge to determine if the refunding is of benefit to the City
and its residents .
3a. The "costs of sale" are required to be presented to
the Commission prior to sale. The Underwriter is required to
disclose his costs .
3b. We have no knowledge as to the financial
arrangement of any party other than our firm.
3c. We defer to the City ' s financial advisor regarding
these fees .
3d . All costs of issuance are generally paid by the
issuer.
3e. Printed bonds will be available for closing barring
any unforeseen printing delay. We have no information on what
the transfer cost, if any, would be.
The Debt Service Reserve Requirement is based on maximum
debt service, not outstanding principal amount.
4 . If the refunding bond ordinance is not enacted, the
City may have to issue three separate issues of parity bonds in
order to finance improvements . The City could issue a
subordinate bond issue using the combined surplus revenues . The
City' s financial advisor could address the interest rate
implications of subordinate issues .
5 . We have not reviewed the referenced document.
6 . We do not understand Mr. Potter ' s concerns . The Oak
Harbor Bonds and the Buccaneer Bonds will be redeemed at par on
the first allowable redemption date under the existing documents .
- 3 -
1
ALAN W . POTTER , SR .
374 Second Street
Atlantic Beach , FL 32233
CERTIFIED MAIL RECEIPT NO . P 411 435 618
RETURN RECEIPT REQUESTED
December 7 , 1990
City of Atlantic Beach
Atlantic Beach City Hall
716 Ocean Boulevard
Atlantic Beach , Florida 32233
ATTN: Mr . William Gulliford , Jr. ,
Mayor - Commissioner
Ms Adelaide Tucker, Commissioner
Mr. Robert Cook , Commissioner
Mr. Glenn Edwards , Commissioner
Mr. John Weldon , Commissioner
Subject : Proposed $5 , 000 , 000 . 00 City of Atlantic Beach, Florida
Water and Sewer Refunding Revenue Bonds , Series 1990
Ref: (A) Resolution No . 90-19
(Adopted November 26 , 1990 )
(B) Ordinance No . 15-90-6
(Introduced November 26 , 1990)
(C) Arguments in Opposition to the Refunding
Revenue Bonds (Attached)
(D) Schedule of Public Documents Reviewed (Attached)
Dear Atlantic Beach Commissioners:
Your consideration of factual data concerning Subject Bond Issue ,
referenced Resolution , and referenced Ordinance is respectfully
requested .
Also , for your consideration , I have set forth in Reference (C) ,
attached , specific arguments in opposition to the proposed bond
issue .
Additionally, your review of the several documents listed in
reference (D) is requested .
i
MiiiMIMI
i
t
$ iii City of Atlantic Beach
December 7 , 1990
Page 2
^ A summary of my concerns and opinions is:
11,111 1 . The existing bond issues are "in place" and do not
require refunding .
i
1 2. Debt service is being adequately handled by existing
revenues .
' 1
MIIMMi 3 . No "critical issues" face the utilities systems that
warrant hurried , ill-advised refunding .
i4 . Parity bonds (or other debentures) can be issued under
i — terms of the existing bonds .
' 5 . There are no financial team costs associated with
maintaining the existing bonds .
11111
6 . Use of revenues for proper maintenance isin,
ermitted •
P
fact mandated .
mmE
7 . No "unjust reward" will be given to any present bond
.1 holders .
jai8. Adequate time is available to proceed wisely toward
future needs .
PM
9 . Unwarranted rate increases can be avoided .
a
iAs a long-term Atlantic Beach resident and citizen , I
i � respectfully request that each City Commissioner
VOTE TO REJECT (DEFEAT) the proposed $5 , 000 , 000 . 00 City of
ill Atlantic Beach , Florida , Water and Sewer Refunding Bonds , Series
1990 .
f Your favorable consideration of this submittal will be
appreciated .
0 111 Respectfully,
11
1' W. Potter, Sr.
AWP/amh
•
i
CITY OF ATLANTIC BEACH ASSUMES: REFUNDING OF EXISTING DEBT IN 12/90 SCHEDULE 1
WATER AND SEWER RATE STUDY NEW MONEY BOND ISSUE IN 1990-91 ,
REVENUE SUFFICIENCY ANALYSIS NEW MONEY BOND ISSUE IN 1991-92
SOURCE:BURTON&ASSOCIATES NO NEW MONEY BOND ISSUE IN 1992-93
FILE:ATLRATE3 12/10/90 NO NEW MONEY BOND ISSUE IN 1993-94
NO NEW MONEY BOND ISSUE IN 1994-95
HISTORICAL PROJECTED
1985-86 198647 198748 1988-89 1989-90 1990-91 1991/92 1992-93 1993-94 1994-95
REVENUE SUFFICIENCY ANALYSIS: AUDITED AUDITED AUDITED AUDITED ESTIMATED BUDGET PROJECTED PROJECTED PROJECTED PROJECTED
OPERATING REVENUES:
WATER RATES AND CHARGES $497,122 $558,288 $580,509 $673,689 $645,704 $669,272 $776,804 $928,221 $976,973 $1,048,468
SEWER RATES AND CHARGES 1,181,858 1,385,529 1,469,774 1,711,486 1,695,634 1,713,596 1,988,918 2,376,603 2,501,428 2,684,483
TOTAL OPERATING REVENUES 1,678,980 1,943,817 2,050,283 2,385,175 2,341,338 2,382,868 2,765,721 3,304,824 3,478,401 3,732,951
OPERATING EXPENSES:
WATER 483,407 435,597 511,425 491,932 578,798 732,492 744,700 804,840 906,279 980,466
SEWER 734,402 903,833 999,973 1,353,347 1,045,337 1,193,131 1,246,603 1,351,702 1,502,128 1,629,691
TOTAL OPERATING EXPENSES 1,217,809 1,339,429 1,511,397 1,845,278 1,624,134 1,925,623 1,991,303 2,156,542 2,408,407 2,610,157
OPERATING INCOME 461,171 604,388 538,886 539,897 717,204 457,245 774,418 1,148,282 1,069,995 1,122,795
INTEREST INCOME* 239,785 226,319 279,457 394,518 356,080 70,000 • 70,000 70,000 70,000 70,000
NET INCOME AVAILABLE FOR DEBT SERVICE $700,956 $830,707 $818,343 $934,415 $1,073,284 $527,245 $844,418 $1,218,282 $1,139,995 $1,192,795
ANNUAL DEBT SERVICE(MAX ANNUAL FOR FY 1990-91) $554,015 $556,684 $556,417 $629,261 S634,236 $793,852 $1,218,852 $1,218,852 $1,218,852 $1,218,852
COVERAGE 1.27 1.49 1.47 1.48 1.69 0.66 0.69 1.00 0.94 0.98
RATE PLAN:
TOTAL ADDITIONAL REVENUE REQUIRED FOR COVERAGE @ 1.10,R&R AND CAPITAL OUTLAY $345,992 $496,319 $122,455 $200,742 $147,943
MINIMUM PERCENTAGE INCREASE IN RATES REQUIRED(ASSUMES RATE PLAN IMPLEMENTED IN PRIOR YEAR) 21.78% 17.95% 3.71% 5.77% 3.96%
RATE PLAN (RATE INCREASE SHOWN IN FY 1990/91 MUST BE EFFECTIVE ON FEBRUARY 1, 1991; 21.78% 17.95% 3.71% 5.77%. 3.96%
OTHER INCREASES MUST BE EFFECTIVE OCTOBER 1,OF THE FY SHOWN)
COVERAGE WITH SYSTEM REVENUES 1.10 1.10 1.10 1.10 1.10
* INTEREST INCOME ADJUSTED IN FY 1990-91 THROUGH FY 1994-95 TO REFLECT REDUCTION OF FUNDS AVAILABLE FOR INVESTMENT
AFTER FUNDING OF SYSTEM CAPITAL IMPROVEMENT PROGRAM PROJECTS IN FY 1990-91.
•
CITY OF ATLANTIC BEACH ASSUMES: NO REFUNDING OF EXISTING DEBT IN 11./90 SCHEDULE 2
WATER AND SEWER RATE STUDY NEW MONEY BOND ISSUE IN 1990-91 .
REVENUE SUFFICIENCY ANALYSIS NEW MONEY BOND ISSUE IN 1991-92
SOURCE:BURTON&ASSOCIATES NO NEW MONEY BOND ISSUE IN 1992-93
FILE:ATLRATE3 12/10/90 NO NEW MONEY BOND ISSUE IN 1993-94
NO NEW MONEY BOND ISSUE IN 1994-95
HISTORICAL PROJECTED
1985-86 1986-87 1987-88 1988-89 1989-90 1990-91 1991/92 1992-93 1993-94 1994-95
REVENUE SUFFICIENCY ANALYSIS: AUDITED AUDITED AUDITED AUDITED ESTIMATED BUDGET PROJECTED PROJECTED PROJECTED PROJECTED
OPERATING REVENUES:
WATER RATES AND CHARGES $497,122 $558,288 $580,509 $673,689 $645,704 $669,272 $858,795 $1,011,481 $1,060,253 $1,131,748
SEWER RATES AND CHARGES 1,181,858 1,385,529 1,469,774 1,711,486 1,695,634 1,713,596 2,198,848 2,589,781 2,714,657 2,897,712
TOTAL OPERATING REVENUES 1,678,980 1,943,817 2,050,283 2,385,175 2,341,338 2,382,868 3,057,643 3,601,261 3,774,910 4,029,461
OPERATING EXPENSES:
WATER 483,407 435,597 511,425 491,932 578,798 732,492 744,700 804,840 906,279 980,466
SEWER 734,402 903,833 999,973 1,353,347 1,045,337 1,193,131 1,246,603 1,351,702 1,502,128 1,629,691
TOTAL OPERATING EXPENSES 1,217,809 1,339,429 1,511,397 1,845,278 1,624,134 1,925,623 1,991,303 2,156,542 2,408,407 2,610,157
OPERATING INCOME 461,171 604,388 538,886 539,897 717,204 457,245 1,066,340 1,444,720 1,366,503 1,419,304
INTEREST INCOME* 239,785 226,319 279,457 394,518 356,080 70,000 * 70,000 70,000 70,000 70,000
NET INCOME AVAILABLE FOR DEBT SERVICE $700,956 $830,707 $818,343 $934,415 $1,073,284 $527,245 $1,136,340 $1,514,720 $1,436,503 $1,489,304
ANNUAL DEBT SERVICE(MAX ANNUAL FOR FY 1990-91) S554,015 $556,684 $556,417 $629,261 $634,236 $1,059,236 $1,484,236 $1,484,236 $1,484,236 $1,484,236
COVERAGE 1.27 1.49 1.47 1.48 1.69 0.50 0.77 1.02 0.97 1.00
RATE PLAN:
TOTAL ADDITIONAL REVENUE REQUIRED FOR COVERAGE @ 1.10,R&R AND CAPITAL OUTLAY $637,914 $496,319 $117,940 $196,156 $143,356
MINIMUM PERCENTAGE INCREASE IN RATES REQUIRED(ASSUMES RATE PLAN IMPLEMENTED IN PRIOR YEAR) 40.16% 16.23% 3.27% 5.20% 3.56%
RATE PLAN (RATE INCREASE SHOWN IN FY 1990/91 MUST BE EFFECTIVE ON FEBRUARY 1, 1991; 40.16% 16.23% 3.27% 5.20% 3.56%
OTHER INCREASES MUST BE EFFECTIVE OCTOBER 1,OF THE FY SHOWN)
COVERAGE WITH SYSTEM REVENUES 1.10 1.10 1.10 1.10 1.10
* INTEREST INCOME ADJUSTED IN FY 1990-91 THROUGH FY 1994-95 TO REFLECT REDUCTION OF FUNDS AVAILABLE FOR INVESTMENT
AFTER FUNDING OF SYSTEM CAPITAL IMPROVEMENT PROGRAM PROJECTS IN FY 1990-91.
ALAN W. POTTER , SR .
374 Second Street
Atlantic Beach , FL 32233
HAND DELIVERED
December 13 , 1990
City of Atlantic Beach
Atlantic Beach City Hall
716 Ocean Boulevard
Atlantic Beach, Florida 32233
ATTN: Mr . William Gulliford , Jr. ,
Mayor - Commissioner
Ms Adelaide Tucker , Commissioner
Mr . Robert Cook , Commissioner
Mr . Glenn Edwards , Commissioner
Mr. John Weldon , Commissioner
Subject : Proposed $5 , 000 , 000 . 00 City of Atlantic Beach , Florida
Water and Sewer Refunding Revenue Bonds , Series 1990
Dear Atlantic Beach Commissioners:
In behalf of the City of Atlantic Beach , Florida , and , in behalf
of the approximately 7 , 000 water and sewer utility customers of
systems owned by the City, I have continued my positive efforts
of identifying and resolving the physical and the financial
difficulties therewith associated .
To this end , I am pleased to advise the City Commission of the
City of Atlantic Beach , Florida , the following:
1 . I have contacted an authorized representative of the four
Buccaneer bond holders and have negotiated the following bond
ordinance modification agreement :
(a) Effective January 1 , 1991 , the mandated "Bond Reserve"
requirement will be reduced from 1 . 25 to 1 . 10 of the
current annual debt service .
(b) Effective June 1 , 1994 , the interest rate on the then
outstanding , unpaid bonds will be reduced from 9 . 00% to
7 . 50%
(c) Effective June 1 , 1994 , the then outstanding , unpaid
bonds will continue in force through the term of the
bonds without prepayment by the City.
City of Atlantic Beach
December 13 , 1990
Page 2
2 . I have communicated with and obtained a letter of request for
service from RANDCOR , INC . for water and sewer service for
200 residential units to be added to the Buccaneer Water and
Sewer District Systems .
This communication is confirmed by a letter from RANDCOR ,
INC . dated December 12 , 1990 .
The letter establishes a date of March 1 , 1991 , for the
payment of $285 , 000 . 00 in utility impact fees and
administrative costs .
3 . I have communicated with the American National Bank of
Jacksonville , and , I have obtained a letter of interest
( i . e . , a pre-committment letter) to provide a "line of
credit" for funding water and sewer system improvements to
the Buccaneer System.
The amount of the committment I requested is $500 , 000 . 00 .
The interest rate on any advanced funds is 7 . 00% This is
predicated on tax-exempt municipal ( Buccaneer) Revenue Antic-
ipation Notes associated with growth of the Buccaneer Water
and Sewer System.
The committment is based on the payment of impact fees to
reduce principal and the payment of monthly revenues (subject
to bond parity requirements) to pay interest on any debt .
4 . I have met with Mr. Bob Kosoy, your City Engineer , Mr . Harry
McNally, your Buccaneer Utilities Superintendent and , Mr .
Bill Armentrout , your consulting engineer. The significant
and positive results are :
(a) We are , collectively , in agreement that the improvements
and expansion of the utilities is the important first
interest of all .
(b) We are , collectively, unable to understand or justify
the $12 , 600 , 000 . 00 capital assessment schedule that has
been prepared , presented and utilized by many persons in
the difficult "bond issue" disputes before the City
Commission of the City of Atlantic Beach , Florida .
'
City of Atlantic Beach
December 13 , 1990
Page 3
5 . In my opinion as an Atlantic Beach citizen (additionally
justified by my professional experience ) only a few, limited
projects are worth considering and accomplishing during the
fiscal year ending September 30 , 1991 ; they are :
A . Provide a new, 300 , 000 gallon (or larger) surge tank at
the Buccaneer Wastewater Treatment Plant .
B. Provide a new, 133 , 000 gallon Ground Storage Reservoir
at the Buccaneer (Assissi Road ) Water Plant .
C . Add either one or two "impeller bowls" to each well
turbine ; change motors from 30 h . p . to 10 h .p . ; change
motor starters and circuit breakers - all at the Assissi
Road Water Plant .
D . Provide new upper four feet , roof and aerator house to
the existing Assissi Road Water Plant Ground Storage
Reservoir .
E . Construct a 12-inch (minimum) Sewage Force Main
Extension from the "Crossroads-Eastside Sewage Pumping
Station" to the Atlantic Beach Wastewater Treatment
Plant .
F . Investigate , identify and correct the mechanical
equipment problems at the Atlantic Beach Wastewater
Treatment Plant . (This has been an ongoing problem --
since new construction -- and must be promptly
resolved) .
G. Repair or replace the rusted , corroded , and deteriorated
"upper portions" of each unit of the Buccaneer
Wastewater Treatment Plant .
On a positive and on-going basis , I am preparing a "standard"
Request for Proposals , a " standard" Form of Proposal and a
"standard" Form of Agreement to be utilized in the solicitation
and selection of Consulting Engineers for any future work .
( Note : I have solicited the willingness to "Substitute" the
above standard agreement for the poorly-communicative agreement
now existing between the City and Gee & Johnson , Engineers) .
City of Atlantic Beach
December 13 , 1990
Page 4
Please understand and appreciate that , for the opportunities
listed above , NO refinancing of the existing debt of the City of
Atlantic Beach , Florida (as to the City , the Buccaneer, or the
Oak Harbor Systems) is necessary.
Please also understand that the only "costs" may be a loan
origination fee of 1 . 0% to 3 . 0% on the American National Bank
"Line of Credit" funding .
In summary , if confirmed and completed , the above items will be
of benefit to the City of Atlantic Beach and will obviate all
bond refinancing and bond financing for the ongoing 3 - 10 year
period .
I appreciate the opportunity to be of service and benefit to my
community.
The positive net effect-benefit of my most recent efforts in
behalf of our community will be :
a . Reduced Buccaneer Bond Issue "Debt Reserve . "
b . Reduced Buccaneer Interest Rate .
c . Utility agreement and impact funding from RANDCOR , INC .
d . Interim construction "Line of Credit" at the American
National Bank ( i . e . , $500 , 000 . 00 at 7 . 00% ) .
e . Clean , concise request for proposal , form of proposal
and agreement for engineering services .
f . Realistic construction and maintenance program for all
of the utility systems of the City of Atlantic Beach , FL
Your favorable consideration of the several opportunities herein
is respectfully requested .
Sincerely,
Al W. Potter, Sr.
Attach: RANDCOR , INC . letter
American National Bank letter
(RANDCOR INC.)
1025 ASSISI LANE
ATLANTIC BEACH, Fl. 32 233
(904) 249-6447
FAX (904) 249-6605
December 12, 1990
City of Atlantic Beach
716 Ocean Boulevard
P.O. Box 25
Atlantic Beach, FL 32233
RE: Wastewater treatment service for Mayport Crossing Apartments
Gentlemen:
During the last five years, I have developed three multi-family
apartment projects totalling 472 units in the Mayport area of the City
of Jacksonville, which are served by the Buccaneer Water & Sewer District
of the City of Atlantic Beach. Last year, we purchased an additional
parcel on Mayport Crossing Boulevard, which is zoned and is now in the
process of being permitted to construct an additional 200 units. This
project will also require service from the Buccaneer Water & Sewer Dis-
trict. Fees and/or a letter of credit totalling $285,000 will be tendered
to the City coterminously with the closing of the construction loan on or
prior to March 1, 1991.
In order to proceed with the necessary permitting and financing
requirements, the City and the State of Florida Department of Environmental
Regulation (DER) must execute certain documents declaring the future avail-
ability of wastewater service at a specific date, which in my case would be
September 1, 1991. Hopefully this letter will initiate the City to proceed
with the planning, financing, and construction of these future improvements
in order for the DER to execute this "dry line" permit as soon as possible.
Mayport Crossing Apartments will be funded by a five-year construction/
mini-perm loan from NCNB National Bank of Florida and the proceeds from the
sale of Low Income Housing Tax Credits to National Partnership Investments
Corporation in Beverly Hills, California. These commitments should be
executed within the next 60-75 days.
The site for the development is in census tract #139.01, which is
classified as a low- to moderate-income area and has been targeted for
community redevelopment by the City of Jacksonville. The Mayport Crossing
Apartments will not only fill a strong existing need for affordable housing
REAL ESTATE DEVELOPMENT AND MANAGEMENT
in this area, but will also be an attractive addition to the neighborhood.
Hopefully, the City of Atlantic Beach will contribute to this project by
increasing the capacity of the Buccaneer Water & Sewer District to meet
our requirements.
Very truly yours, --
James E. Pitts III
JEP/cb
Ame W American National Bank of Florida
Bank® Post Office Box 10129
Jacksonville, Florida 32247-0129
December 13, 1990
Alan W. Potter, Sr.
6957 Lillian Road
Jacksonville, Florida 32211
Re: The City of Atlantic Beach
Dear Alan:
Based upon our conversation of yesterday, please accept this letter
as an "expression of interest" to consider a possible credit extension to
the City of Atlantic Beach, Florida. American National Bank is always
desirous of quality commercial credit relationships and we would be most
interested in reviewing a complete credit request.
Thank you again for your interest in American National Bank and also,
please be advised that we have already taken into account the tax-free
aspect of such a possible credit extension and with a maximum interest
rate of 7.00%. I look forward to hearing from you soon.
Sincere ,
• e E. McCorvey
ssistant Vice President
Commercial Loans
cc. A. Curt Cunkle
Assistant Vice President
Atlantic Beach Office
2031 Hendricks Avenue • 5622 Beach Blvd. • 580 West Eighth St. •9716 San Jose Blvd. • 6615 Arlington Expressway
11683 San Jose Blvd. •9802 Baymeadows Rd. • 5665 Normandy Blvd. • Mayport Naval Station • 1031 Atlantic Blvd.,Atlantic Beach
6030 Fort Caroline Rd. • 7640 103rd St. • 1531-21 Monument Rd. • Lakewood Plaza • 11018-41A St. Augustine Rd. • 1978 Park Avenue,Orange Park
Gainesville Offices: 1717 N.W. 13th Street • 7615 N.W. 8th Avenue • 4123 N.W. 16th Blvd.