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03-07-89 v SPECIAL COMMISSION MEETING TUESDAY, MARCH 7, 1989 AGENDA Roll Call 1. Discussion with architects Clements, Rumpel, Goodwin, D'Avi relative to proposed new City Hall 2. Discussion on legal fees Any other business Adjournment MINUTES OF THE SPECIAL CALLED E D MEET NG OF THE ATLANTIC IC BF i CITY COMNIISSION HELD AT CITY HALL ON MARCH 7, 1989 AT 7:15 PM The meeting was called to order by Mayor Gulliford. Commissioners in attendance were Robert B. Cook, Sr. , Glenn A. Edwards, Alan C. Jensen and Adelaide R. Tucker. Also present were City Attorney Claude L. Mullis, City Manager Richard Fellows, and City Clerk Maureen King. Before agenda items were discussed the Mayor reported an amount in the neighborhood of $100,000 in Convention Development Tax funds had accumulated to the credit of the City of Atlantic Beach and since convention related possibilities in the City were somewhat limited he had contacted Senator Bill Bankhead relative to drafting an amendment to the legislature in an effort to give the City more latitude on how these funds could be spent. 1. DISCUSSION WITH AICHITE TS CLEMENTS, RUMPLE, GOOF IN RELATIVE TO THE PROPOSED NEW CITY HALL Mr. Tom M&Nett stated the architects had met with City staff on many occasions and had amended the floor plan to what they now felt was acceptable and workable. At this point they were seeking input from the City Commission regarding their wishes. Discussion at this point focused on the exterior appearance of the building. Mr. McNett pointed out one problem with models was that people tend to look down on the roof rather than from a ground level perspective and he presented some pictures to the Commission to give a different view of the building. The shape of the building was discussed and the architects pointed out on the model of the Commission Chambers they had presented two different roof styles, one octagonal and one more circular in shape, with the octagonal shape being preferred. Further discussion ensued relative to the columns and it was felt possibly the columns at the entrance could be enlarged. The columns would be constructed of steel and concrete and would be an extension of the pilings and would be painted white. The lateral members between the columns could be either steel tubes placed in wood, or galvanized steel, possibly painted light grey. The architects recommended steel and wood combination. The roof would be constructed of wood shingles and asphalt shingles to be compatible with the Public Safety Building. The walls also would be shingled. Commissioners Tucker and Cook inquired how the building could be expanded to accommodate growth when the need arose. Mr. Peter Rumple said he felt the simplest way would be to add an additional wing. Discussion also centered around the possibility of a second floor with the architects feeling this would not be economically practical and would not be their recommendation. Mr. Rumple said some excess space was provided in the existing plan and he felt some additional space could be provided. Storage mezzanines were planned on a second floor loft area at each end Minutes - March 7, 1989 - Page Two of the building which could be enlarged to provide additional office space. Ms. Dorothy Kerber inquired into the possibility of a second story with an elevator being located on the exterior to save space inside the building. Mr. Rumple said and he would rather concentrate on expanding the loft space and provide for expansion internally. In connection with the plans for expansion Mayor Gulliford said the future use of Russell Park should be considered. He said his personal feeling was that it would become more of an adult park with the proposed park in Section H becoming the main recreational facility for soccer, Little League baseball, tennis, handball, etc. If the Section H park does not become a reality, then park space would become a problem. Ms. Kerber also asked about the cost of strengthening the foundation and increasing electrical wiring in the event a second floor was eventually required. Mr. Rumple explained a two-story building would need to be planned quite differently and it would cost considerably more to add an additional floor than to add a new wing. The architects estimated the proposed changes would increase the cost of the building by 10% - 15% and they anticipate being able to bring the revised plan back to the Commission within a few weeks. * * * * * * * * * * * * * The City Manager reported Lots 351 and 352, in Section 2, Saltair, were landlocked and the City had paved a driveway giving access to the lots. However, no official easement had ever been recorded and the owner of Lot 352 now wishes to develop his lot and requires an official easement from the City. The City Manager asked who should be responsible for having the survey done and legal description prepared. Discussion ensued whereupon it was decided the owner should have the survey done and advise the City the legal description of the easement they require. This would then be presented to the City Commission for their approval. * * * * * * * * * * * * * 2. DISCUSSION ON LEGAL FEES Mayor Gulliford stated he felt it was the Commission's responsibility to investigate any and all expense items incurred by the City in an effort to get the best value for the monies expended. The Mayor made it clear that in recent discussions relative to engineering fees, and discussions which took place at this meeting relative to legal fees, the integrity or qualifications of the professionals involved, or quality of service provided to the City were in no way questioned. The Mayor mentioned, however, he had shared some observations with the Commission and pointed out some municipalities who employed full-time Minutes - March 7, 1989 - Page Three city attorneys. He felt a better agreement between the City and City Attorney needed to be established in an effort to provide for better accountability and a system which would withstand any scrutiny to which it might be subjected. Commissioner Jensen reiterated Mr. Mullis' services were excellent but the Commission needed to examine the Charter and determine what they felt the role of the City Attorney should be. He said Mr. Mullis had told the City when he was hired he was not a litigator and so the City had been in the position where it was paying a City Attorney and also paying for the services of a litigator and he wondered if the Commission was aware that fees for litigation charged to the City had ranged from $90.00 to $160.00 an hour. Commissioner Cook asked what services the retainer was supposed to cover and it was pointed out the existing contract was not clear on that point, in that it contained such phrases as "routine contract" which were open to interpretation. Mr. Mullis explained in some detail the type research he had done in connection with the Home Occupation Ordinance and the Curfew for Minors Ordinance, explaining that he had contacted sources throughout the nation in an effort to provide the quality of service he felt the City wanted. In response to Commissioner Jensen's earlier statement relative to litigation, Mr. Mullis said he had a working relationship with Mahoney Adams to handle litigation but that he had done extensive litigation work for the City of Jacksonville and he felt he was well qualified in that area. The use of firms like Mahoney Adams in cases involving litigation was cost effective in his opinion and he personally reviewed all bills from that firm. He briefly outlined litigation cases he had been involved with such as The Big L and beach accesses. He said he was extremely proud of his affiliation with the City of Atlantic Beach and the support he had received from its officials. The Mayor again emphasized that the cost of legal services was what was at issue and with the upward spiral in costs in recent years, the City needed to establish a system where it had some idea of what legal costs would be on an annual basis and it was his fooling all such contracts should be re-negotiated annually. Commissioner Jensen referred to Mr. Millis' bills and said he did not feel it was clear how the charges were established and the conversation centered around the cost of closing down the Big L. It was Commissioner Jensen's opinion there were many lawyers in Jacksonville who could have accomplished the same result for a lot less money, and in authorizing various legal services, he felt the City Commission had no idea of the cost of legal fees involved. Mayor Gulliford referred to the contract between the City of Fernandina Beach and their City Attorney which outlined precisely what the retainer would cover and each year this was a budgeted item and he felt this might • Minutes - March 7, 1989 - Page Four be something this city might consider. Mr. Mullis said he would be glad to meet with the Commission at budget time and he felt everything except litigation could be budgeted items. Commissioner Jensen said he felt a budget line item for litigation costs could be included and all legal foes could be budgeted. Further discussion ensued relative to the billing system and it was again emphasized the hourly rate being paid is unclear and it was considered a more clear cut agreement was needed relative to what would be covered by the retainer, and the hourly rate for any services over and above the retainer should conform to such agreement and documentation detailing charges should be provided to the City.. The Mayor asked whether Mr. Mullis felt his representing the City of Neptune Beach as well as the City of Atlantic Reach could be considered a conflict of interest and whether it would be a temporary arrangement with Neptune Beach. After further discussion, Mr. Mullis responded he hoped his association with Neptune Beach would be temporary and if he was ever in a situation where he had to decide between the Cities, he would stay with Atlantic Beach. Mayor Gulliford stated again he wanted the City to be totally and completely above reproach and be professional in all its dealings. The Mayor requested Commissioner Jensen to use his expertise to draft an agreement which would be renewable each year or present whatever other proposal he felt best for both the protection of the City and the City Attorney. The Commissioners each again voiced confidence in the City Attorney's capabilities and integrity and assured him they felt he was one of the finest municipal attorneys available. ANY 0►1'fIER BUSINESS There being no further business to come before the Commission, the Mayor adjourned the meeting at 9:40 PM. William I. Gu ford, J Mayor, Presiding Of fi er ATTEST: Maureen King, City Clerk°