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
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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
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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°