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03-23-92 v CITY OF ATLANTIC BEACH REGULAR MEETING OF THE CITY COMMISSION, MARCH 23, 1992, 7:15 P.M. AGENDA Call to Order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of March 9, 1992, and special called meeting of March 11, 1992 2. Recognition of Visitors: 3. Old Business: A. Report on ownership of streets in the Selva Marina area B. Discussion and related action regarding request to waive of impact fees for Beaches Habitat (Mayor Gulliford) 4. Committee Reports: A. Water & Sewer Committee report (Commissioner Fletcher) B. Fleet Landing report (Public Works Director Robert Kosoy) 5. Ordinances: A. Second reading and public hearing of Ordinance #55-92-26 regarding solid waste and Resolution #92-7 establishing the number of days for solid waste collection B. First reading of Ordinance #5-92-22 raising threshold for bids from $2,500 to $5,000 for enterprise funds C. First reading of Ordinance #45-92-10 to add a classification and set a fee for micro brewery D. First reading of Ordinance #65-92-21 renaming W. 12th Street as a continuation of Plaza E. First reading of Ordinance #57-92-18 relating to rotation wrecker call list 6. New Business: A. Short list of attorneys for Code Enforcement Board (City Attorney Alan Jensen) B. Recommendation for draft ordinance relating to garage sales (City Manager Kim Leinbach) C. Public hearing relative to reserved parking spaces regarding Residential Parking Sticker Program (City Manager Kim Leinbach) D. Report regarding City Commission reviewing City Code and updating same (Commissioner Fletcher) 7. City Manager Reports and/or Correspondence: A. Discussion and related action regarding Fire Marshall position 8. Mayor to call on City Commissioners, City Attorney and City Clerk: Adjournment MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY V V COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 O O PM ON MONDAY, MARCH 23, 1992 T T E E PRESENT: William I . Gulliford, Jr. , Mayor D D Glenn A. Edwards Lyman T. Fletcher Adelaide R. Tucker, and M S J. Dezmond Waters, III, Commissioners O E T C AND: Kim D. Leinbach, City Manager I O Y Alan C. Jensen, City Attorney NAME OF ONEN Maureen King, City Clerk COMMRS. N D S 0 The meeting was called to order by Mayor Gulliford. The invocation, offered by Commissioner Fletcher, was followed by the pledge to the flag. 1. Approval of the minutes of the regular meeting of March 9, 1992 and special called meeting of March 11, 1992 . Edwards x x Motion: Approve minutes of the regular meeting of Fletcher x March 9, 1992. Tucker x x Waters x In discussion before the vote, Commissioner Edwards Gulliford x requested a correction of the vote of the motion directing the City Manager to draft an ordinance regulating garage sales, page one; vote should indicate all ayes. Also, on page four, vote of motion to deny request to have a trailer on Sea Turtle parking lot should indicate a vote of aye by Commissioner Tucker. The minutes were unanimously approved as corrected. Edwards x x Motion: Approve minutes of the special called Fletcher x meeting of March 11, 1992. Tucker x x Waters x No discussion before the vote. The motion carried Gullifor. x unanimously. Commissioner Waters referred to Wednesday meetings that were set for himself and Commissioner Fletcher to meet with the City Manager concerning the budget process. He indicated the meetings have been changed from 4:00 p. m. to 3:00 p. m. every Wednesday in the City Hall. 2. Recognition of visitors: Jim Lucas, Oceanwalk, thanked the Commission for the outstanding efforts that were made to put in the sidewalk on Seminole Road. AB 1238 PAGE TWO V V MINUTES, MARCH 23, 1992 NAME OF COMMRS. MSYN 3. Old Business: A. Report on ownership of streets in the Selva Marina area City Attorney Alan Jensen reported he received correspondence from the Chief of Police and the Director of Public Works regarding an evaluation that was done relative to streets and units in Selva Marina. He indicated the evaluation was done by England and Thims in 1983, and he indicated he also received maps of the property and a maintenance agreement, signed by the original developer of the property. The documents revealed Units 10 through 12, which included basically everything north of Saturiba Drive and west of Selva Tierra, were all private streets. When the streets were platted, the City Attorney explained, they were retained for the sole and exclusive property of the developer, which is Sevilla Development Corporation. The City Attorney reported there is nothing in the city records which would support the city had ever accepted or owned the streets. With reference to Selva Marina Drive, north of Saturiba, there is no evidence in the city that reflects this is a county street. In order to determine the actual ownership of the streets, the City Attorney explained, a title search would have to be done by a title company, but he indicated he felt very confident that, except for Selva Marina Drive, north of Saturiba, all the other streets are privately owned. He explained the city had all rights on these streets, other than ownership, that it would normally have on any municipal street. He explained the streets were not accepted for maintenance and they were not dedicated to the city because they were not built to city specifications. He explained the construction and width of the streets, the turning radius, the intersection, and the failure to remove certain trees so that fire equipment could get through, all contributed to the streets not being built to city specifications. Commissioner Edwards indicated he felt it would be another burden on the city to take on the maintenance of the streets, as they are not built to specifications. It was determined the developer had a maintenance agreement with B.B. McCormick to maintain the streets; however, it expired three years ago. AB 1239 PAGE THREE V V MINUTES, MARCH 23, 1992 NAME OF COMMRS. MSYN Ken Rogosheske, Sevilla Condominiums, stated before George Bull passed away he indicated the streets were dedicated to the County. Alan Jensen replied according to the plats, the streets were not dedicated to the county. Stan Jones, Seminole Road, indicated he thought the money to maintain streets in Selva Marina should come from gas tax money, to which the Mayor replied the city could not use gas tax money to maintain streets that the city does not own. William McGee, 1831 Selva Marina Drive, indicated Selva Marina residents pay taxes like everyone else in the city and, thus, gas tax should be used to repair the streets. Commissioner Waters indicated he thought the only thing the city could do would be to repair pot holes. He felt this was a unique and attractive area. He added the city could adopt a long range policy over a ten year period. Alan Potter indicated Mr. Bull intended to give the streets to homeowners when the McCormick agreement expired. He indicated it was the plan of Mr. Bull to create as part of each plat a homeowners association, and it was the intention of Mr. Bull to transfer ownership of the streets to the homeowners association for the purpose of maintaining the streets. Mr. Potter urged the city to look for a document indicating the streets were dedicated to the homeowners. A discussion ensued regarding the possibility of the streets being dedicated to the county some time during the early 1930' s. Edwards x Motion: Refer the question to the City Fletcher xTuc x Manager and the City Attorney to explore some Waters x x of the points made from the floor and talk to Waters x the developer Gulliford x John Sale, 1791 Selva Marina Drive, indicated he felt the people in this area are entitled to a safe place to live, and the maintenance of streets by the city, to which the Mayor replied the situation will be looked into by the city. Commissioner Waters indicated several streets in the area are beautiful. He felt homeowners knew when they bought the property what the condition of the streets were. He AB 1240 PAGE FOUR V V MINUTES, MARCH 23, 1992 NAME OF COMMRS. MSYN added the city presently fixed pot holes and maintained the streets so that fire trucks and garbage trucks were able to get through the neighborhood. The question was called and the motion carried unanimously. B. Discussion and related action regarding request to waive impact fees for Beaches Habitat Mayor Gulliford introduced Peggy O ' Neill, President of Beaches Habitat. He explained Beaches Habitat was concerned because the impact fees they paid on the first house they built amounted to $1, 738. Beaches Habitat planned to build two more houses and they were requesting that the city waive the impact fees. Peggy O'Neill introduced John Bass. Mr. Bass thanked everyone who helped on a recent Habitat work day, and he explained the goals of Habitat. The Mayor asked George Worley, Community Development Coordinator, if Community Development Grant money could be applied to this situation. It was determined the city had a contract with Jacksonville HUD that specified certain work the city hoped to accomplish, but that it was not uncommon to re-address the matter and possibly amend the contract. A discussion ensued concerning having the impact fee spread over a five year period for the homeowner, to which Peggy O' Neill replied this would be an extreme hardship for the homeowner. The Mayor asked George Worley to look into this and determine if the wording in the HUD contract could be amended to enable the city to allocate $1, 738 to Beaches Habitat. The Mayor asked that this be an agenda item for the next Commission meeting. 5. Committee Reports: A. Water and Sewer Committee report Commissioner Fletcher briefly outlined the Water and Sewer Committee Report and indicated he would be happy to answer questions. Since there were no questions the report was accepted and a copy of the complete report is attached hereto and made a part hereof. B. Fleet Landing report AB 1241 PAGE FIVE V V MINUTES, MARCH 23, 1992 NAME OF COMMRS. MSYN City Manager Kim Leinbach reported a meeting was held between representatives of Haskell Company, Greg Cristovich from Selva Marina Country Club, Alan Potter, and Bob Kosoy, Public Works Director, concerning the status of drainage problems at Fleet Landing. The City Manager reported there was an agreed upon plan to relieve the drainage problem. The Army Corps of Engineers and St. Johns Water Management District considered the changes as minor. The DER, however, is considering it may require a full review which could hold up the process. The City Manager suggested lobbying the DER to encourage them to approve the modifications as soon as possible. Alan Potter gave a report concerning the meeting and he indicated after the work is completed the situation would be the same as it was before Haskell came on the scene. 5. Ordinances: A. Ordinance #55-92-26 - Public Hearing AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, REWRITING IN ITS ENTIRETY CHAPTER 16, REFUSE AND GARBAGE, AND PROVIDING AN EFFECTIVE DATE Mayor Gulliford presented in full, in writing, ordinance No. 75-92-9, said ordinance having been posted in accordance with Charter requirements. He opened the floor for a public hearing and invited comments from the audience. John Weldon indicated he thought the ordinance was difficult to read. The Mayor introduced Theresa Todd, Chairman of the Solid Waste Committee, and he indicated Ms. Todd would explain the language contained in the new ordinance. Ms. Todd explained the old language was indicated by a dark background and the new language was underlined. She answered questions from the audience and from the Commissioners regarding the work the Committee had done to come up with the proposed ordinance. The proposed ordinance would increase the cost of solid waste collection from $36 per quarter to $48 per quarter for single-family curbside pickup. A proposed resolution would be introduced in conjunction with the solid waste ordinance that would reduce service from six days per week pickup to two days per week each for garbage and yard trash collection, and one day for recycling. AB 1242 PAGE SIX V V MINUTES, MARCH 23, 1992 NAME OF' COMMRS. MSYN A long discussion ensued, and changes and additions were suggested and agreed upon relative to both residential and commercial garbage pickup. Edwards x Motion: Defer final action and continue the public Fletcher x x hearing at the next meeting. Refer the ordinance Tucker x back to the Solid Waste Committee with the Waters x x assistance of the City Manager and City Attorney Gulliford x The Commission indicated their desire to have the ordinance prepared in its clean form, without old language indicated by a dark background. The question was called and the motion carried unanimously. Edwards x Motion: Defer action on Resolution 92-7 Fletcher x x (establishing the number of days for solid waste Tucker x x collection) Waters x Gulliford x No discussion before the vote. The motion carried unanimously. The Mayor thanked Theresa Todd and the members of the Solid Waste Committee for their hard work in the preparation of the ordinance. B. Ordinance No. 5-92-22 - First Reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VII, FINANCE, DIVISION 2, PURCHASING, AMENDING SECTION 2-331, BIDS - WHEN REQUIRED, TO PROVIDE THAT FORMAL BIDS SHALL BE REQUIRED FOR PURCHASES OF SUPPLIES OR SERVICES FROM ENTERPRISE FUNDS IN EXCESS OF $5, 000, AND PROVIDING AN EFFECTIVE DATE Mayor Gulliford presented in full, in writing, Ordinance No. 5-92-22 on first reading. Edwards x Fletcher x x Motion: Approve passage of Ordinance No. 5-92-22 Tucker x x on first reading and set for public hearing on Waters x April 13, 1992 Gulliford x No discussion before the vote. The motion carried unanimously. AB 1243 PAGE SEVEN V V MINUTES, MARCH 23, 1992 NAME OF COMMRS. MSYN C. Ordinance No. 45-92-10 - First Reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 20, TAXATION, ARTICLE III, OCCUPATIONAL LICENSE TAX, SECTION 20-59, SCHEDULE OF FEES, TO ADD A CLASSIFICATION AND SET A FEE FOR MICRO BREWERY, AND PROVIDING AN EFFECTIVE DATE Mayor Gulliford presented in full, in writing, Ordinance No. 45-92-10 on first reading. Edwards x Motion: Approve passage of Ordinance No. 45-92-10 Fletcher x x on first reading and set for public hearing on Tucker x x April 13, 1992 Waters x Gulliford x No discussion before the vote. The motion carried unanimously. D. First reading of Ordinance 65-92-21 renaming W. 12th Street as a continuation of Plaza The City Attorney reported since there already was an existing street named W. Plaza Street it was not possible to rename W. 12th Street as a continuation of Plaza. The City Manager explained what was now W. 12th Street was to be renamed W. Plaza; however, in research it was found there was an existing W. Plaza which is located near Carnation Street, Section H. The Mayor asked staff to research further to determine if W. Plaza Street was being utilized. If it was not being utilized, it was suggested W. Plaza Street be eliminated, and it would then be possible to rename W. 12th Street. E. First reading of Ordinance 57-92-18 relating to rotation wrecker call list AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, ESTABLISHING A ROTATING WRECKER CALL LIST, SETTING FORTH CERTAIN REQUIREMENTS FOR WRECKER SERVICES, PROVIDING AN EFFECTIVE DATE. Mayor Gulliford presented in full, in writing, Ordinance 57-92-18 on first reading. AB 1244 PAGE EIGHT V V MINUTES, MARCH 23, 1992 NAME OF COMMRS. MSYN Motion: Approve passage of Ordinance No. 57- Edwards x x 92-18 on its first reading and set public Fletcher x hearing for April 13, 1992 Tucker x Waters x x No discussion before the vote. Motion carried Gulliford x unanimously. 6. New Business: A. Short list of attorneys for Code Enforcement Board The City Attorney presented a recommendation of three candidates for the Commission to interview for the position of Code Enforcement Attorney: Suzanne Green, Mark Arnold, and Jim Allen. It was determined the interviews will be conducted prior to the next City Commission meeting, Monday, April 13, 1992, at 5:30 p. m. B. Recommendation for draft ordinance relating to garage sales The City Manager recommended the City Attorney draft an ordinance based upon several provisions as set forth in his memorandum dated March 23, 1992, copy attached. The Mayor indicated he does not feel the adoption of this ordinance is in the city' s best interest. Commissioner Waters indicated he felt garage sales were an unregulated business in the city. A discussion ensued concerning the possibility of regulating garage sales, as well as the possibility of having to obtain an occupational license to have a garage sale. Commissioner Fletcher reminded everyone that complaints had been received on only one abuser in the entire city. He indicated he would be in favor of regulating garage sales through the occupation license system. Commissioner Tucker agreed. The Mayor asked City Clerk Maureen King to investigate the possibility of having garage sales regulated by the occupational license system. C. Public hearing relative to reserved parking spaces regarding Residential Parking Sticker Program The Mayor referred to a recommendation from the City Manager for designation of parking spaces and he briefly explained to the audience the streets that were involved ( 18th and 19th Streets) . The Mayor opened the floor for a public hearing. AB 1245 PAGE NINE V V MINUTES, MARCH 23, 1992 NAME OF COMMRS. MSYN Barbara Bonner, 463 Selva Lakes Circle, suggested opening up rights-of-way at beach accesses to create some new spaces. The City Manager indicated the city was continuing to study the feasibility of opening street ends. He reported the city would be conducting a study and this would be used by city staff to recommend additional residents-only parking spaces. Commissioner Edwards referred to the old A&P parking lot and suggested contacting the person who owned the property with the intent of the city running a shuttle back and forth to the beach, with the help of Jacksonville. The Mayor indicated the city had contacted JTA concerning this. John Baillie encouraged the Commission to adopt a policy of reopening rights-of-way so that additional parking is available to those who wish to use the beach. There being no further comments from the floor the Mayor declared the public hearing closed. Edwards x x Motion: Authorize the designation of Resident Fletcher x Only Parking Sticker spaces on the 18th and Tucker x 19th Street parking areas as recommended by Waters x x staff Gulliford x No discussion before the vote. Motion carried unanimously. Commissioner Waters suggested reserving parking spaces next to the Sea Turtle parking lot, along Ocean Boulevard, for Atlantic Beach residents, and also the north side of the Community Center parking lot. The Mayor agreed with Commissioner Waters and he asked the City Manager and staff to give a recommendation concerning the aforementioned proposed spaces, as well as any other spaces that could be utilized. D. Report regarding the Committee reviewing City Code and updating same Commissioner Fletcher indicated a meeting was held concerning the zoning code review. An agenda was decided upon and a meeting will be held every Wednesday, 4: 00 p. m. in the Conference Room of the City Hall . This will be a public meeting and public, press, and Commissioners are invited. AB 1246 PAGE TEN V V MINUTES, MARCH 23, 1992 NAME OF COMMRS. MSYN 7. Discussion and related action regarding Fire Marshall position The City Manager stated there is a need in the community for the establishment of a Fire Marshall. The City Manager asked the Commission for authorization to create the position of Fire Marshall, and he distributed a review of the duties of this position. The City Manager recommended Chief Rew for the position of Fire Marshall. He indicated he would fill the position of Fire Chief, should Chief Rew be appointed to the position of Fire Marshall. Edwards x Fletcher x x Motion: Defer until the next City Commission Tucker x x meeting Waters x Gulliford x Commissioner Fletcher indicated he had just received the information concerning this matter and he was not prepared to vote tonight. The question was called and the motion was defeated by a vote of 2 - 3 with Commissioners Edwards, Waters, and Mayor Gulliford voting Nay. Edwards x Motion: Approve the recommendation of the Fletcher Tuc City Manager to establish the position of Fire Waters Marshall Waters x Gulliford Commissioner Fletcher asked for a point of clarification: he inquired if the recommendation was simply to create the position, to which the City Manager responded the recommendation he made in his memorandum was to create the position subject to delineating the funds within the current fiscal year. Commissioner Fletcher asked, if the position was created, would it be with the understanding that it would be funded for the balance of the year, to which the City Manager replied that was correct. Edwards x Substitute motion: Create the position but Fletcher x x defer action on funding of the position Tucker x x Waters x Commissioner Fletcher indicated the amount of $32,000 was Gulliford x being discussed for this position and he thought the commission should have information as to how the position would be funded. He indicated he was not opposed to the concept of creating the position but he indicated he did not understand the urgency that was involved. He added he would like to know how the position was going to be funded, what impact it would have on overall salaries, and where the money was coming from. AB 1247 PAGE ELEVEN V V MINUTES, MARCH 23, 1992 NAME OF COMMRS. MSYN The Mayor indicated the City Manager' s proposal indicated "subsequent to identification of adequate funding within the current fiscal year budget. " The Mayor stated there is a limitation on the funding. The question was called and the motion carried with a vote of 3 - 2 with Commissioner Edwards and Mayor Gulliford voting Nay. . Commissioner Tucker indicated that if an agenda item is not included in the material on Friday, the Commission is not obligated to take action. Commissioner Fletcher asked if it would be possible to receive agenda packets earlier than Friday evening. This was discussed, and the City Manager indicated his willingness to try to get packets out earlier. He explained that there was a cut off day on Wednesday to get items to the City Manager' s office, prior to sending out the agenda on Friday. He indicated that he also had a short period of time to go over agenda items in order to get them out by Friday. No decision was reached concerning this matter. Commissioner Fletcher would like the request for the authorization of the plans for the Town Center Project to be placed on the next Commission agenda. He indicated the Commission would be requested to approve the plans and dedicate the right-of-ways according to the plans. Commissioner Waters indicated he attended the last Community Development Board Meeting and he pointed out what he felt was a discrepancy in the process of granting variances. He suggested that clarifications may be necessary when granting variances in PUD neighborhoods. Commissioner Waters indicated he would like to have a short synopsis of what transpired at board meetings held during each month. A discussion ensued and it was decided that minutes of board meetings were available. Commissioner Waters indicated he would like minutes of all board meetings placed in his mailbox at the City Hall. Commissioner Waters gave a report concerning the Royal Palms area and he said he had received indications that residents of Royal Palms feel intimidated and, thus, do not wish to become involved in code enforcement. He indicated he will pursue in the work with the Royal Palms Committee. AB 1248 PAGE TWELVE V V MINUTES, MARCH 23, 1992 NAME OF COMMRS. MSYN The Mayor indicated he felt the pension request of the 1 employees should be addressed and he requested that this matter be placed on the agenda for the next meeting. The City Manager indicated the city had not heard from the actuary, and the Mayor indicated the actuary should be giving the City a report soon. The Mayor would like this to be a city commission agenda item at the next meeting, or as soon as possible. There being no further business the meeting adjourned at 10:45 p. m. / ,ii li A. ` 1 I „yaw.. i iam I . t 7 iford , Mayor/Presiding Ofa : . A )-27'#-- .. - TT, E S T: y. / /J/ /_, .. . Maure-n King, Ci y ,Clock AB 1249 CITY OF iikieutrie 'earl - 76vruda 1200 SANDPIPER LANE ATLANTIC BEACH,FLORIDA 32233-4381 `11 TELEPHONE(904)247-5834 4 , 1 FAX(904)247-5843 March 18, 1992 MEMORANDUM TO: Kim D. Leinbach/City Manager FROM: Robert S. Kosoy/Director of Public Works {ZSK(')+3 RE: WATER AND SEWER COMMITTEE REPORT #14 On March 12, 1992 Commissioner Lyman Fletcher, Ernie Beadle, Tim Townsend, Harry McNally and Bob Kosoy met to discuss current water and sewer concerns and projects. A brief summary follows: 1. Buccaneer Wastewater Treatment Plant Expansion (Surge Tank) A Pre-Final walk through was held on March 5, 1992. A preliminary punch list was compiled and subsequently was mailed to the Contractor. A major problem now is with the overloading of the screens and the broken conveyor belts. Harry McNally recommended a manual trough. Bob Kosoy will prepare a letter to the Engineer urging completion of the project in accordance with the specifications. 2. Atlantic Beach Water Treatment Plant #1 and #2 Improvements Bids were opened on March 11, 1992 with WPC the apparent low bidder at $1, 185, 575. 00. Other bidders were Ortega Industrial, Meadors Construction, Cole, and Perry-McCall. The bid analysis will be performed by Gee & Jenson and reference checks and recommendations will be prepared by City of Atlantic Beach staff. • 3. Inspection at AB WTP #1 & #2 Bob Kosoy discussed the need for consultant inspection for either the AB WTP #1 & #2 project or for the 8-10 other capital projects. It was recommended that requests for proposals for Resident Observation be obtained from several Engineers. The Committee could evaluate the feasibility after receipt of the proposals. 4. Sea Turtle Inn Water Bill Mr. Barry Adeeb, owner of the Sea Turtle Inn, requested at the March 9, 1992 Commission Meeting that he be given consideration for staggering his payments in order to mitigate the effect of the increased water rates. This Committee recommends that Mr. Adeeb submits information on what his volume changes are, explore conservation methods particularly in the laundry and kitchen areas and perhaps the City of Atlantic Beach could bill monthly. 5. Draft Letter of Response to Mike Burton and Associates Ray Salman submitted a draft letter of response to Mike Burton and Associates. Attached is a copy of the draft with additional comments/changes made by this Committee. 6. Memo to Customers Regarding Next Water Bill Alan Potter drafted a memo explaining the water and sewer charges in accordance with the new water and sewer rate increases. The Committee agreed that a memo of this nature should be transmitted to the Water Department so that all Customers can receive a copy with their bill. Since bills are mailed out on postcards, a separate mailing will be necessary. 7. Capital Improvement Fee Ordinance Figures for Buccaneer and Atlantic Beach watermeter installations have been tabulated. The Committee recommends that pricing similar to Jacksonville Beach's be incorporated into the City Atlantic Beach 's proposed ordinance. A draft ordinance will be prepared for the Committee's final review. • 8. Impact Fees Paid By Tiffany by the Sea Ashco has requested that they be refunded impact fees based on the fact that they built 26 units and paid for 130 units. See Walter West 's letter received February 14, 1992 by City of Atlantic Beach . Tim Townsend advised that the developer received consideration during the planning stages for citing the Sea Gardens Lift Station at its current location. In addition, zoning restrictions required the downsizing of the development. Ashco's request will require further review to determine if any monies are due to the developer. 9. Chlorine Contact Facility The Committee recommends acceptance of Jim Lucas's proposal to design the Chlorine Contact Facility at Buccaneer Wastewater Treatment Plant now that he has submitted his letter dated March 12, 1992. RSK/tb cc: Commissioner Fletcher Alan Potter/Consultant Harry E. McNally/Utility Plant Division Director Tim N. Townsend/Utility Plant Division Director Ernie Beadle/Assistant to PW Director Dr. Ray Salman File - WSCR DRAFT Dear Mr . Burton: Your letter of February 20 , 1992 suggesting a negotiated settlement of $7 , 317 as final compensation for expenses " . . . above and beyond the original contract amount . " of the agreement accepted by Burton & Associates , as stipulated in your acceptance letter of August 28 . 1990 . has been given careful review and con- sideration. We find that invoices received from Burton & Associates referencing completion of work done on the several phases of the contract agreement other than Phase IVp were received and paid in a porrurrfo timely manner . All were within the limits specified in the agree- ment . Thereafter , invoices were received with dates beginning 8-15-9 y-r -1 refer ito work on Phase IV, and in each case , y addressed expenses of increasing significant magnitude beyond those agreed upon and authorized under the contract . As a matter of fact , the "final " invoice for $21 , 492 represented an aggregate amount of contract 2 . 23 times the original agreement , which of course was never authorized either orally or in writing . r eti ' • -2- Conversely , your letter of February 20 , 1992 addressed , at u, least in part , extra expenses incurred for work on other phases of to the project and states that the expenses beyond contract resulted from " . . . work performed [ wast necessitated by. . . " City staff and administrators . 21 .‘ We find your . : termination of responsibility for incurring kexpenses for Phase IV mor - than 100% over contract limitations , unacceptable . If you had any easor�%to project even modest excess irp needs , this should have been ca U eto the attention of the City /f Administration for discussion/and con- ideration of written 0 ' approval at the earliest p ssible date . aving failed to do so as 4,, required by contract , w ile continuing to ac umulate what we . consider to be extra rdinary expenses beyond o agreed upon upper limit , was certain y imprudent , at least • Regrettably , our -xaminatio' of your suggestion that we accept a negotiated settlemen • with you that is 41% in excess of the stipulated itten agreement leads us to conclude that such is not in th:. best interest - of the people we serve. In -3- reaching this conclusion we •onsid, red the terms of our agreement with you , the product and sery c; s received under the contract , • and the unapproved nature of the cos ' over-ride . Sincerely , yoz/ cud/ ,sabov;4 do UDibr " dv C.. 5 _pct f " cos-s �e, ��d 'Gci /a ar ceS ' 1 mitre'c/ labor cos#3 and a Por 74,41 off' a✓c.^`i e4I costs z com/O/Cfc &IIth games, aahhovi's1 "se e tii wi// review" _ your ref oes , f7owG✓e ?�S re vieu) .1// 6e con s/Area/ a fa r;75 ' de- 5 ehcv^red t: - 17 � - v BURTON & ASSOCIATES February 20, 1992 The Honorable Mayor, City Commission and Staff City of Atlantic Beach P. 0. Box 25 Atlantic Beach, FL 32233 Dear Commissioners: I have received Mr. Kim Leinbach's letter of January 16, 1992, informing me of the City Commission's decision not to authorize payment for services provided by Burton & Associates which were necessary to complete the Water and Sewer Rate Study, but which were above and beyond the original contract amount. I want to make it clear that Burton & Associates never anticipated that the City would pay those additional charges in full. As discussed with Commissioner Fletcher and the City's Finance Director at the time the final invoice was issued to the City, we anticipated negotiating a settlement that was fair and equitable to both the City and to Burton & Associates. It is also important for you to understand that the primary reason that the cost of the project exceeded the contract amount was the requirement to 1) re-do work based upon revised data provided to us by the City's consulting engineer and data processing consultant including a revision of the Capital Improvement Program requirements from the original approximately $12 million, as determined by Gee &Jensen, Inc., to the current Capital Improvement Program requirements of approximately $3.5 million as subsequently provided by the City's Water and Sewer Committee, 2) accomplish recalculations necessary to evaluate and accommodate adjustments to the rate methodology based upon input from Mr. Alan Potter and 3) respond to specific requests by Commissioner Fletcher to meet with him to review the recommendations presented in our Final Report, review the alternative recommendations presented by Mr. Potter and validate and verify the simplified rate structure approach presented by Mr. Potter. We proceeded with the work, which was in excess of the contract amount, based upon the premise that Burton & Associates had made a commitment to complete the Rate Study, we would complete it as cost effectively as possible and although the contract was a time and expenses based contract, we would be more than willing to negotiate a fair and equitable sharing of the additional costs with the City. I believe the fact that we were willing to complete the project with no assurances that the City would compensate us for our total additional costs 1) 2457 South Third Street • Costa Verde Plaza • Jacksonville Beach, Florida 32250 • 904/247-0787 - ,. • Honorable Mayor, City Commission and Staff February 20, 1992 Page 2 ensured completion of the project as cost effectively as possible and 2) demonstrated our good faith regarding our commitment to the City. We understand your decision not to pay the full amount. However, we would like to propose an agreeable, fair and equitable settlement that is fair to both the City and Burton & Associates. Approximately 2/3 of the amount in question represents direct labor costs, indirect labor costs and portion of overhead costs. All of these costs were "out-of-pocket" costs, in that they were cash expenditures by Burton & Associates incurred to meet our contractual obligations to the City, and they excluded profit and a portion of indirect overhead costs. We propose that a fair settlement to this matter would be for the City and Burton & Associates to share only this portion of the project costs equally. Therefore, we respectfully request compensation in the amount of $7,317 which represents 1/3 of the total additional project costs and covers only a portion of our actual out-of-pocket labor costs for the additional work performed. It should be re-emphasized that virtually all of the work performed was necessitated by 1) the fact that we were provided data by others (under contract to the City) which was incorrect, requiring substantial re-work on our part and 2) the requirement to respond to specific requests of Commissioner Fletcher. We look forward to your favorable consideration of this settlement proposal. If you have any questions do not hesitate to call me at 247-0787. Very truly yours, Michael E. Burton President MB/kr cc: City Manager City Finance Director City Attorney City Clerk J. Cvc44 Design & Consulting Engineers James M. Lucas, P.E. Randall S. Wilder, P.E. March 12, 1992 Mr . Robert S . Kosoy, P. E. Director of Public Works 1200 Sandpiper Lane Atlantic Beach, FL 32233-4381 Subject : Proposal for Chlorine Contact Facility Buccaneer Wastewater Treatment Plant Dear Mr . Kosoy: In our letter of February 24 , 1992 , we expressed our desire to perform the services as stated in your RFP for $9 , 800 . 00 with the proviso that the existing piping plan be furnished to us in digital format for use in our computers . We have received a copy of the Boatwright survey on disk that satisfies this requirement . We , therefore , agree on the price quoted in our letter . Again , we appreciate the opportunity of submitting our proposal to you. We would be more than happy to sit down and discuss this with you at any time . Sincerely, J . LUC,kS & ASSOCIATES , INC. Ja s M. Lucas , P. E. President 8411 Baymeadows Way, Suite 1 •Jacksonville, FL 32256 904-636-9844 i A J. tv.64 & ,.loCittet, 1 l 0C. Design & Consulting Engineers James M. Lucas, P.E. Randall S.Wilder, P.E. February 24, 1992 Mr. Robert S. Kosoy, Y.E. Director of Public Works 1200 Sandpiper Lane Atlantic Beach, FL 32233-4381 Subject: Proposal for Chlorine Contact Facility Buccaneer Wastewater Treatment Plant Dear Mr. Kosoy: We are in receipt of your February 12, 1992 letter concerning the subject project. In our response to your request, we had pointed out the need for a master plan for the wastewater treatment plant to preliminarily locate and to take into account ultimate facilities. It was our intention to include these so that the location of these new facilities requested in your RFP would "fit in" with future considerations for expansion. It is our understanding that this master plan will not be included in this RFP at this time. Our fee is based on the following: 1) Design of a chlorine contact and sulfur dioxide chamber located at the existing sludge drying bed 2) Design of automatic feed chlorine and sulfur dioxide systems. 3) Design of ton handling facility for both the chlorine and sulfur dioxide cylinders including the necessary load cells and indicators. 4) The conversion of the existing contact chamber to a digester for additional sludge capacity. 5) The interconnecting piping between the existing treatment units and the new chlorine contact tank along with the chlorine and sulfur dioxide solution piping. 6) Our scope of work also includes installation of the necessary instrumentation required to control the amount of chlorine and sulfur dioxide. It is our intent to relocate the flow meter into the operator's building along with the residual analyses and recorders necessary under DER rules. 8411 Baymeadows Way, Suite 1 •Jacksonville, FL 32256 904-636-9844 Mr. Robert Kosoy February 24 , 1992 Page - 2 We propose to prepare the plans and specifications and permits for review and bidding for the lump sum price of $9,800.00. This fee is based on receiving the existing piping plan from Gee & Jensen in digital format to be used in our AutoCAD system. It is also based on receiving plans of the City's ton cylinder system used at Buccaneer Water Plant #3 to be used as a guide for standardization. The basis of our price is to provide the City with a reasonable cost in preparing these plans and minimizing the cost of duplicating as-built information wherever possible. Receiving the piping plans in digital form is important for completion of the project within the scope of this proposal. Our fee does not include any costs for permit fees or surveying. Again, we appreciate the opportunity of submitting our proposal to you. We would be more than happy to sit down and discuss this with you at any time. Sincerely, J. L - •S & ASSOCIATES, INC. c-G_ J. es M. Lucas, P.E. President