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03-09-92 v CITY OF ATLANTIC BEACH REGULAR MEETING OF THE CITY COMMISSION, MARCH 9, 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 February 24, 1992, 2. Recognition of Visitors: 3. Presentations: A. Report on Florida Beaches and Shores conference (Robert Weiss) 4. Consent Agenda: A. Adele Grage Community Center monthly report B. Request to deliver newspaper via the Selva Marina Gate C. Fleet Landing update report 5. Committee Reports: A. Beautification Committee license tag project report (Carl Walker, Beautification Coordinator) B. Report and recommendation by Commissioner Edwards of the Awards Committee regarding bid #9192-5 drainage improvements C. Report and recommendation by Commissioner Edwards of the Awards Committee regarding bid #9192-2 towing service and drawing of ordinance to rotate towing service D. Water & Sewer Committee report (Commissioner Fletcher) 6. Ordinances: A. Continuation of public hearing on cable television Ordinance #40-92-17 7. New Business: A. Presentation of FY 90/91 audit (Purvis Grey) B. Acceptance of Audit Engagement Letter from Purvis Gray & Co. C. Request to have trailer on Sea Turtle parking lot (George Worley, City Planner) D. Discussion and related action regarding a Use by Exception to operate an adult day care center at 100 W 1st St. (George Worley, City Planner) E. Discussion and related action regarding a Use by Exception to operate a micro-brewery at 55 W 8th St (George Worley, City Planner) F. Request the City Commission set a license fee for brewerys (Maureen King, City Clerk) G. Discussion and related action regarding payment to Gruhn-May Construction Company (Robert Kosoy, Public Works Director) H. Discussion and related action regarding benefits related to all employee groups (City Manager Kim D. Leinbach) I. ASHCO request for refund of water and wastewater improvement fees (City Manager Kim D. Leinbach) 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 ATLANTIC BEACH CITY V V COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 O O PM ON MONDAY, MARCH 9, 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 February 24, 1992. Edwards x x Motion: Approve minutes of the regular meeting of Fletcher x February 24, 1992. Tucker x x Waters x No discussion before the vote. The motion carried Gulliford x unanimously. 2. Recognition of visitors: William J. Ryszykow, 535 Royal Palm Drive, complained concerning a garage sale that was held on Royal Palms Drive. He indicated the garage sale went on for some time and in his opinion escalated into a flea market. He suggested the City consider adopting some type of an ordinance that would regulate garage sales. David Thompson, Chief of Police, explained that this was a unique situation in that the person who held this garage sale was evicted and thus the entire household was placed outside the house on the City' s right-of-way. He indicated the city made every effort, within the law, to have the debris removed from the right-of-way and he further explained that a neighbor of the evicted person held a garage sale in an effort to dispose of the furniture. A discussion ensued and it was decided the City should have an ordinance to regulate garage sales . Edwards x x Motion: Direct City Manager to draft an ordinance Fletcher x x x regulating garage sales. Tucker x x Waters x x x No discussion before the vote. The motion carried Gulliford x x unanimously. • V V PAGE 2 NAME OF MINUTES, MARCH 9, 1992 COMMRS. MSYN Dave Siebert, 816 Cavalla, spoke concerning a problem he was having with people trespassing on his property. He indicated he had met with Chief Thompson who had been helpful, but he indicated there were still problems. Mr. Siebert indicated there was a lack of concern for private property in his neighborhood. The Mayor responded that the City supports property rights but the City has certain limitations. A discussion ensued concerning a fire lane that is located behind this building and problems that have occurred concerning people using this for parking and disposing of debris, thus blocking the fire lane. George Worley, Community Development Director, indicated an effort was made by his department to contact property owners in order to clean up this area but that it was not possible to gain any support from owners. It was determined that many residents are renting condominiums. A discussion ensued concerning what steps the city might take to correct this situation, possibly by posting towing signs in the fire lane. This matter was referred to a committee now in force that was formed to study and improve on landlord/rental property in Royal Palms area. The committee is comprised of Commissioner Waters, George Worley, and Ruth Gregg. The committee was asked to come back to the Commission with recommendations. Agenda Item 7A was taken out of sequence and acted upon at this time. 7A. Presentation of FY 90/91 Audit (Purvis Gray) Jerry L. Handley, Purvis Gray & Company, presented the FY 90/91 Audit. The Audit indicated a strong financial position for the City and was accepted by the Commission. Agenda Item 7B was taken out of sequence and acted upon at this time. 7B. Acceptance of Audit Engagement Letter from Purvis Gray & Co. The Mayor indicated Purvis Gray & Co. had been the City' s auditor for three years. He explained that it was the City' s policy to replace its auditor every three years. However, because the City was without a Finance Officer at the present time, it was felt that keeping Purvis & Gray & Co. as its auditor for another year would insure continuity and would be in the best financial interest of the City. V V PAGE THREE NAME OF MINUTES, MARCH 9, 1992 COMMRS. MSYN Edwards x Motion: Accept Purvis Gray & Company as the City's Fletcher x x Auditor for the year ending September 30, 1992 Tucker x x pursuant to attached Audit Engagement Letter dated Waters x February 11, 1992. Gulliford x No discussion before the vote. The motion carried unanimously. Presentation of Plaque to Harry Royal At this time Mayor Gulliford presented a plaque to Harry Royal in recognition of his outstanding work for the City. Mr. Royal indicated he enjoyed working for the City and he felt he always did his best for the City. 3. Presentations: A. Report on Florida Shore and Beach Preservation Association National Conference on Beach Preservation Technology (Robert Weiss) Robert Weiss gave a report concerning the above referenced Conference he attended, and he passed out a report containing a short outline of the objectives of Florida Shore and Beach Preservation Association (FSBPA) . He strongly recommended the City join FSBPA. He briefly outlined the Federal Emergency Management Act (FEMA) , and he indicated his report contained guidelines set forth by FEMA. He reported Senate Bill 1650 would have an affect on the beaches and would establish set back lines, and he indicated the city should take a long, hard look at this bill which is now in committee. The City Attorney was instructed to get a copy of Senate Bill 1650. In addition, Mr. Weiss indicated it was important that the city have a turtle watch group. 4. Consent Agenda A. Adele Grage Community Center monthly report. B. Request to deliver newspaper to Fleet Landing via the Selva Marina Gate. C. Fleet Landing drainage update report At the request of Commissioner Waters Item B was removed from the Consent Agenda. Edwards x x Motion: Approve Consent Agenda, with the exception Fletcher x of Item B Tucker x Waters x x No discussion before the vote. The motion carried Gulliford x unanimously. V V PAGE FOUR NAME OF MINUTES, MARCH 9, 1992 COMMRS. MSYN 4B. Request to deliver newspaper via the Selva Marina Gate Edwards x Motion: Approve request to deliver newspaper via Fletcher x the Selva Marina Gate Tucker x x Waters x x Commissioner Waters asked if a truck or a car would be Gulliford x used to deliver newspapers. It was determined that a car would be used to deliver newspapers. The question was called and the motion carried unanimously. Agenda Item 7C was taken out of sequence and acted upon at this time 7C. Request to have trailer on Sea Turtle parking lot Barry Adeeb, Manager of the Sea Turtle, indicated he had given permission to the Ruby Beach Restaurant to temporarily place a trailer on Sea Turtle property. It was determined this trailer would be used for employment interviews and the Code of the City would not allow this type of business to be conducted from a trailer in the parking lot of the Sea Turtle Hotel. Edwards x Fletcher x Motion: To deny request to have a trailer on Sea Turtle Tucker x x parking lot Waters x x Gulliford x No discussion before the vote. The motion carried unanimously. Barry Adeeb - Sea Turtle water rates At this time Mr. Adeeb spoke concerning the City' s new water rate increase, with respect to the Sea Turtle Hotel. He indicated he did not think this was an unreasonable increase; however, the Sea Turtle' s bill for a quarter reflected a 300% increase. Mr. Adeeb asked the Commission to allow payments to be phased in over a two year period. He indicated if the Commission would show the Sea Turtle this consideration, it would be of great help. The Mayor referred this matter to the Water and Sewer Committee for its review and recommendation, and to have a report for the next Commission meeting. Sea Turtle Parking Lot Mayor Gulliford referred to the north end of the Sea Turtle parking lot and he indicated on Saturday and Sunday the lot remains half full. He asked Mr. Adeeb if the Sea Turtle would give the City an opportunity to come V V PAGE FIVE NAME OF MINUTES, MARCH 9, 1992 COMMRS. MSYN up with some kind of method of charging for parking space for people who want to come to the beach, without infringing on hotel parking. Mr. Adeeb responded that he thought there would be an opportunity to work together and he indicated the Sea Turtle was working on something to present to the City. 5. Committee Reports: A. Beautification Committee license tag project report Carl Walker gave a report concerning the sale of City license tags which is a fund-raising project of the Beautification Committee. Mr. Walker passed around a sample of the tag for Commission approval. He requested that the Commission approve the borrowing of funds from Commission Contingency Account for the purchase of tags, to be paid back from the proceeds of initial tag sales. Edwards x Motion: Approve borrowing of funds from Commission Fletcher x x Contingency Account for the purchase of Tucker x tags, to be paid back from the proceeds of Waters x x initial tag sales. Gulliford x The question was called and the motion carried unanimously. A discussion ensued relative to the design of the license tag and Commissioners indicated their desire to make several changes and improvements. Edwards x Motion: Change the design of the license tag as Fletcher x x follows: make "Atlantic Beach" larger; Tucker x x make sailboat larger; eliminate "Florida", Waters x and make slogan bolder type. Gulliford x The question was called and the motion carried unanimously. B. Report and recommendations by Commissioner Edwards of the Awards Committee regarding drainage improvements at Edgar, George, Robert, and Orchid Streets, and Levy Road, Bid No. 9192-5 Commissioner Edwards reported 11 bids were received and ranged from $49, 698. 95 to $86, 426.00 for drainage improvements at Edgar, George, Robert, and Orchid Streets, and Levy Road. After review of the bids, and upon recommendation of the Public Works Director, the V V PAGE SIX NAME OF MINUTES, MARCH 9, 1992 COMMRS. MSYN committee recommended awarding a contract to the low bidder, Walding Company. Edwards x x Fletcher x Motion: Award contract for drainage improvements Tucker x at Edgar, George, Robert, and Orchid Waters x x Streets, and Levy Road, Bid No. 9192-5, to Gulliford x Walding Company at the bid price of $49,698.95. No discussion before the vote. The motion carried unanimously. C. Report and recommendations by Commissioner Edwards of the Awards Committee regarding certain towing from within the City of Atlantic Beach, Bid No. 9192-2 Commissioner Edwards recommended that the Commission reject all bids and adopt an ordinance establishing a rotation wrecker call list. Edwards x x Fletcher x x Motion: Reject all bids and adopt an ordinance Tucker x establishing a rotation wrecker call Waters x list and have the City Attorney prepare Gulliford x an ordinance for consideration at the next Commission meeting. Chief Thompson explained that a rotation wrecker call list was consistent with what many other law enforcement agencies were using, such as, Jacksonville and Jacksonville Beach. Chief Thompson added the system works well; standards have to be met by all towers on the rotation list. The question was called and the motion carried unanimously. D. 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. 6. Ordinances: A. Continuation of Public Hearing on Cable Television Ordinance No. 40-92-17 Mayor Gulliford asked to have this Public Hearing V V PAGE SEVEN NAME OF MINUTES, MARCH 9, 1992 COMMRS. MSYN continued until April 13, 1992. Edwards x Fletcher x x Motion: Defer action on Ordinance No. 40-92-17 Tucker x x and continue public hearing at the Waters x City Commission meeting on April 13, Gulliford 1992. No discussion before the vote. The motion carried unanimously. 7. New Business: D. Discussion and related action regarding a Use by Exception to operate an adult day care center at 100 W. 1st Street George Worley, Community Development Director, reported that the applicant, Lena Sturm, owns an Adult Day Care business currently located at Mayport Road and West 10th. The applicant desires to relocate this business to 100 West 1st Street. Both locations are zoned CG - Commercial General. Mr. Worley indicated applicant' s business operates a client pick-up service which greatly reduces the volume of traffic associated with the business. In addition, the proposed site was designed as a commercial shopping center and will have more than adequate parking and loading/unloading zones. Edwards x x Motion: Grant Use-by-Exception to operate Fletcher x Adult Day Care at 100 W. 1st Street. Tucker x x Waters x Commissioner Tucker indicated she conducted a visual Gulliford x inspection of the site and she was impressed. The question was called and the vote carried unanimously. E. Discussion and related action regarding a Use by Exception to operate a micro-brewery at 55 W 8th St. George Worley indicated this location is zoned CG - Commercial General. The business is engaged in brewing and whole-sale distribution of beer, and no retail sales or on-site consumption are intended. He indicated there would be two employees and thus there should be no problems relative to parking. It was indicated that there will be no problems with the City' s water and sewer V V PAGE EIGHT NAME OF MINUTES, MARCH 9, 1992 COMMRS. MSYN facilities, and that the facility will produce smaller volumes than Ragtime produces. Edwards x Motion: Grant Use-by-Exception provided that Fletcher x x it be granted to applicant, Crawford Tucker x x Cox, only. Waters x Gulliford x The question was called and the motion carried unanimously. F. Request the City Commission set a license fee for breweries City Clerk Maureen King explained that the City' s Occupational License schedule does not include micro- brewery and since the production and sale of alcoholic beverages is strictly regulated by the state, it is felt a specific licensing category should be established. Edwards x x Motion: Amend Ordinance to incorporate new Fletcher x license fee for Micro-brewery to be Tucker x x set at a yearly fee of $45.00 Waters x Gulliford x The question was called and the motion carried with a vote of 4-1, with Commissioner Waters voting nay. G. Discussion and related action regarding payment to Gruhn-May Construction Company Bob Kosoy, Public Works Director, explained the circumstances that led to a payment of $9, 726 owed to Gruhn-May. He indicated that on October 4, 1991 the underground electrical service to the #2 sewage treatment plant was damaged due to boiling hot ground water. The ground water was boiling due to escaping compressed air from burst gaskets in the 14" underground air line. Gruhn-May Construction Company completed the necessary work to repair this damage within two days. Additional work was completed at a later time in conjunction with this problem. Commissioner Edwards asked Mr. Koskoy if this problem will reoccur to which Mr. Kosoy replied that this problem should not reoccur. Edwards x x Motion: Approve payment to Gruhn-May Fletcher x Construction Company in the amount of Tucker x $9,726 Waters x x Gulliford x The question was called and the motion carried unanimously. V V PAGE NINE NAME OF MINUTES, MARCH 9, 1992 COMMAS. MSYN H. Discussion and related action regarding benefits related to all employee groups Mayor Gulliford referred to the City Manager' s memorandum dated March 5, 1992 which indicates the differences afforded the employee groups (Fire Fighters Collective Bargaining Unit, Public Works Collective Bargaining Unit and non-organized employees) as well as recommendations. This memorandum is attached hereto and made a part hereof. Edwards x x Motion: Accept entire recommendations as Fletcher x contained in the City Manager's memorandum Tucker x x dated March 5, 1992, copy attached hereto. Waters x Gulliford x Commissioner Waters indicated his objection to moving all the recommendations. He indicated he objected to the cost of living raise in that the additional 1% is unwarranted, not in the sense that employees do not deserve it, he added, but the firemen had been longer suffering without the 3% than the other two bodies had. He indicated in his opinion a further inequity would be created if all recommendations are passed. The public works have had 3% in place since October, 1990 and the firemen have had 3% in place only since October, 1991 . He felt the additional 1% hardly compensated for this inequity - it will be several years before this inequity is overcome, he added. Commissioner Tucker indicated the Public Works department is a very low paid department. Mayor Gulliford indicated there some recommendations contained in the City Manager' s memorandum that each set of employees would benefit from. Edwards x Substitute Motion: If all recommendations "'Pletcher x x are approved as contained in the City Manager's Tucker x memorandum dated March 5, 1992, the Fire Waters x x Department should be retroactive to October Julliford x 1990. The Mayor indicated this substitute motion assumes that the length of time it took to get final resolution relative to the impasse of the collective bargaining rests solely on the city, and he did not go along with assumption. Commissioner Tucker agreed with the Mayor. Commissioner Waters indicated he was not opposed to the 1% increase for other employees, but he thought it created an unfairness that he was logically trying to V V PAGE TEN NAME OF MINUTES, MARCH 9, 1992 COMMRS. MSYN compensate for in the 4% for the firemen. He added it would be at least a year before they have recovered that loss. Roll Call was called on the substitute motion and resulted in the motion being defeated by 2-3 vote, with Commissioners Edwards, Tucker, and Mayor Gulliford voting nay. Roll Call was called on the regular motion and resulted in the motion being carried by a 4-1 vote, with Commissioner Waters voting nay. Appellate Court Action Mayor Gulliford referred to a copy of a letter from John F. Dickinson dated March 9, 1992 concerning Appellate Court action on Fire Lieutenants and their being part of the bargaining unit. The appellate court found in favor of the Lieutenants, against the City' s position. Idwards x Motion: Take no further action and terminate Iletcher x x the litigation at this juncture. ucker x aters x x There was no discussion and the motion carried ulliford x unanimously. I. ASHCO request for refund of water and wastewater improvement fees City Manager Kim Leinbach indicated ASHCO had built substantially lower density at Tiffany by the Sea than they originally proposed. They paid water and sewer impact fees based on the higher density, and are now asking for a rebate of that difference which amounts to $140, 140. The City Manager recommended this be turned over to the Water and Sewer Committee for a report and recommendation. Edwards x x Motion: Refer request from ASHCO for refund Fletcher x of water and wastewater improvement fees to the Tucker x x Water and Sewer Committee for a report and Waters x recommendation Gulliford x Commissioner Waters indicated his feeling that if the City owes this money to ASHCO, it should be paid, to which the City Manager replied there were other issues that had been raised by ASHCO, such as interest, that the City might want to consider very carefully. Commissioner Fletcher indicated he would prefer to study this and report back to the Commission. V V NAME OF PAGE ELEVEN COMMRS. MSYN MINUTES, MARCH 9, 1992 The question was called and the motion carried unanimously. 8. City Manager reports and/or correspondence: The City Manager referred to a status report that was submitted by Bob Kosoy and inadvertently attached to the Fleet Landing report in the agenda packet. The City Manager indicated this is an important report concerning projects and he did not want this overlooked by the Commission. The City Manager passed out a proposal for a plaque for the City Hall building. He indicated in his experience in municipal structures, the architect and the contractor normally provide for a plaque with their names included. In reference to the City Hall, however, this probably would not be the case. The plaque will cost $530 and the City Manager suggested perhaps not placing the name of the architect and contractor on the plaque. It was decided if the architect and contractor wish to participate in the cost of the plaque at $200 each, their names would appear on the plaque. Edwards x x Fletcher x x Motion: Invite the contractor and Tucker x architect to participate in the cost Waters x of a plaque to be placed on the City Gulliford x Hall, should they wish to have their names included on the plaque. If they do not wish to participate in the cost, eliminate their names from the plaque The question was called and the motion carried unanimously. Bob Kosoy reported that the JCB Backhoe will not go in reverse. He indicated he had a quote from Ring Power to repair this for from $2, 100 to $2, 800 providing there is no extensive damage to the transmission. Edwards x x Motion: Approval to have JCB Backhoe repaired Tx not to exceed $3, 500 Wuckerer terr x Waters x x Gulliford x It was determined this money will come from the Repairs and Maintenance budget. The question was called and the motion carried unanimously. V V PAGE TWELVE NAME OF MINUTES, MARCH 9, 1992 COMMRS. MSYN Commissioner Fletcher referred to updating the white goods ordinance to which the City Manager responded this will be brought up at the Solid Waste Meeting Wednesday, March 11, 1992. Commissioner Fletcher referred to the 300 block of Plaza and he indicated there is a gigantic container in a front yard. Don Ford replied that the homeowner is in litigation at the present time with HUD. Mr. Ford indicated he has been in constant contact with the homeowner as well as HUD concerning this unsightly container. Commissioner Fletcher reported he attended a budget seminar at UNF along with the City Manager, City Planner and the Fire Chief. He indicated this was a very helpful seminar. He indicated he and Dezmond Waters will be meeting with the City Manager every Wednesday afternoon at 4:00 p. m. at the Community Center. The purpose of the meeting will be to review the budget process, and Commission Fletcher indicated fellow Commissioners, staff, the public, and the press are invited to attend these meetings. Commissioner Waters reported that he, George Worley, and Ruth Gregg, the Committee to study Royal Palms, had met. He indicated the Committee is going to take a hard look at the Royal Palms area over a six month period, and endeavor to get enforcement and compliance in this neighborhood. He indicated the committee is going to see at the end of six months if there is improvement made. The committee is contemplating whether or not to address the issue of renting throughout the entire city. Mayor Gulliford indicated he felt the issue of rental property was the heart of the problem. Commissioner Fletcher agreed that the issue of rental property needs to be addressed, and he suggested the committee contact other citizens of the community so that some of the work can be shared and work can begin. Commissioner Waters brought up the City' s Code of Ordinances and indicated this book needs to be brought up to date. Mayor Gulliford indicated Ray Salman, who has agreed to address this, is in the hospital. The Mayor indicated he thought the Community Development Board should look at the zoning portion of the Code. He indicated he hoped the Community Development Board will have a special meeting to address the Code. Commissioner Fletcher indicated a committee was formed consisting of himself, Ruth Gregg, Commissioner Tucker, and John Baillie to study the Code. He indicated he will be V V PAGE THIRTEEN NAME OF MINUTES, MARCH 9, 1992 COMMRS. MSYN contacting this committee before the next Commission meeting to have a meeting. Commissioner Tucker encouraged everyone to vote in the election on March 10, 1992. Mayor Gulliford asked the City Manager if street lights on Seminole from 20th to Oceanwalk have been installed to which the City Manager indicated he would check to make sure this has been done. The Mayor indicated he will be the City' s spokesperson with reference to the City of Jacksonville sharing the cost of paving Church Road. The Mayor asked for a status report relative to the hiring of a Code Enforcement Attorney. City Attorney Alan Jensen replied the City had received approximately 12 applications and a meeting will be held prior to the next Commission meeting and a list of applicants to be interviewed will be presented to the Commission. The Mayor inquired if the city changed the name of Twelfth to Plaza to which the City Attorney replied he will draft an ordinance to accomplish this change. The Mayor asked the City Attorney if he has checked into ownership of streets in the Selva Marina area to which the City Attorney replied he has a report from Bob Kosoy concerning this and a report from the City Attorney will be forthcoming. The Mayor asked George Worley for an update concerning the sign ordinance. It was determined when the Code is being updated the sign ordinance should be examined and improved upon. The new parking decal program was discussed and it was decided to conduct a public hearing at the next Commission meeting to designate 20% of the city' s parking spaces for decal parking. The Mayor suggested recognizing a citizen, once a year, who contributes to the community. He suggested the City presenting a plaque to the citizen and he asked Maureen King to pursue the process of installing this program. The Mayor indicated his desire to have a twilight concert in the spring. This was discussed and Sunday evening was discussed as a night to have this concert. V V PAGE FOURTEEN NAME OF MINUTES, MARCH 9, 1992 COMMRS. MSYN Chief David Thompson passed out a report concerning the committee that was formed to study the lifeguard station. The committee intends to do much research and comparisons with other townships concerning renovations to the lifeguard station. A presentation will be made to the Commission at a later date. On another matter, he indicated the Sea Turtle has agreed to take care of the handicapped wheelchair, and this will be done in conjunction with their program of bicycle rentals. The committee recommended a ramp be installed at the Ahern Street end zone, as the steps are in poor condition, especially for senior citizens. It was recommended that in the future more radios be purchased for the lifeguards. Commissioner Tucker referred to renting of bicycles by the Sea Turtle and she asked if bicycle rentals are allowed at the beach to which Chief Thompson indicated he will have the manager of the Sea Turtle contact Maureen King concerning this matter. There being no further business - . 'ng adjourn-d at 10: 15 p. m. 1 I I) -II 11° Willia I . Gul if. d, Mayor/Presiding 0 : Lice ATTES T: Maureen King, y Crk • Purvis Gray & Company February 11, 1992 AUDIT ENGAGEMENT LETTER Honorable City Commissioners City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233-5445 We are pleased to confirm our understanding of the services we are to provide for the City of Atlantic Beach, Florida, for the year ended September 30, 1992. We will audit the general purpose financial statements of the City of Atlantic Beach, Florida, as of and for the year ended September 30, 1992. Also, we will include in your report the following supplemental information that will be subjected to the auditing procedures applied in our audit of the general purpose financial statements: ■ Supplementary Schedule of Federal Financial Assistance. • Combining Statements By Fund Type, Individual Fund or Account Group Statements and Supporting Schedules. Our audit will be a Single Audit made in accordance with generally accepted auditing standards; Government Auditing Standards, issued by the Comptroller General of the United States;the Single Audit Act of 1984; and the provisions of Office of Management and Budget (OMB) Circular A-128, Audits of State and Local Governments; Chapter 11, Florida Statutes; the Rules of the Auditor General; and will include tests of the accounting records of the City of Atlantic Beach, Florida, and other procedures we consider necessary to enable us to express an unqualified opinion that the financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles and to report on the City of Atlantic Beach's compliance with laws and regulations and its internal accounting controls as required for a Single Audit. If our opinion is other than unqualified, we will fully discuss the reasons with you in advance. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and banks. We will request written representation from your attorneys as part of the engagement. At the conclusion of our examination, we will also request certain written representations from you about the financial statements and related matters. An audit is based primarily on the selective testing of accounting records and related data; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. As required by the Single Audit Act of 1984, our audit will include tests of transactions related to federal Certified Public Accountants P.O.Box 23999•222 N.E.1st Street•Gainesville,Florida 32602•(904)378-2461 Laurel Ridge Professional Center•2347 S.E.17th Street•Ocala,Florida 32671 •(904)732-3872 1704 Metropolitan Blvd.,Suite 3•Tallahassee,Florida 32308•(904)385-0554 MEMBERS OF AMERICAN AND FLORIDA INSTITUTES OF CERTIFIED PUBLIC ACCOUNTANTS MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES AND S.E.C.PRACTICE SECTIONS • Honorable City Commissioners City of Atlantic Beach Atlantic Beach, Florida -2- February 11, 1992 financial assistance programs for compliance with applicable laws and regulations. However, because we will not perform a detailed examination of all transactions, there is a risk that material errors, irregularities, or illegal acts, including fraud or defalcations, may exist and not be detected by us. We will advise you, however, of any matters of that nature that come to our attention, and will include such matters in the reports required for a Single Audit. We understand that you will provide us with the basic information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. This responsibility includes the maintenance of adequate records and related controls, the selection and application of accounting principles, and the safeguarding of assets. We understand that your employees will prepare a limited number of audit schedules and will locate any invoices selected by us for testing. We expect to begin our audit in December 1992, and to issue our report no later than February 28, 1993. Our fees for the services set forth above will not exceed $17,000.00 for the basic audit. We will bill you as work progresses (up to 50% of our fees); final payment will be made upon acceptance of the audit report by the City Commission. Our fees are based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee before we incur the additional costs. The terms of this engagement may be renewed for the year ended September 30, 1993, with the mutual consent of both parties. We appreciate the opportunity to be of service to the City of Atlantic Beach, Florida, and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, PURVIS, GRAY AND COMPANY f Jerry . Handley, C.P. . Audit Partner' JLH/lfm Enclosures t Honorable City Commissioners City of Atlantic Beach Atlantic Beach, Florida -3- February 11, 1992 RESPONSE: This letter correctly sets forth the understanding of the City of Atlantic Beach, Florida. Signature: Title: Mayor Date: 0 Q- ei,. .. L�. G/q?- `ti<.►� :., , CITY OF MAR 4 199c 14elcuttie &ad - �e.6t,r d4L 1200 SANDPIPER LANE % _ ATLANTIC BEACH,FLORIDA 32233-4381 c. TELEPHONE(904)247-5834 i FAX(904)247-5843 March 3, 1992 MEMORANDUM TO: Kim D. Leinbach/City Manager FROM: Robert S. Kosoy/Director of Public Works RE: WATER AND SEWER COMMITTEE REPORT #13 On February 28, 1992 Commissioner Lyman Fletcher, Alan Potter, Ray Salman, Shelton Flowers, Ernie Beadle, Harry McNally and Bob Kosoy met to discuss current water and sewer concerns and projects. A brief summary follows: 1. Letter from M. Burton requesting additional compensation: At the February 24, 1992 meeting, the City Commission requested that Mr. Burton's letter of February 20, 1992 be reviewed by the Water and Sewer Committee. The $7317. 00 being requested is not broken down into direct labor (i. e. , specific hours, dates, personal and tasks) for a complete review. Furthermore, the Committee would review a complete invoice for additional compensation against the cost to the City of not having the rate ordinance effective until 1992. R. Salman will prepare draft letter to Burton for this Committee's review. 2. Changeover to City of Atlantic Beach: With the substantial completion of the Sea Gardens Lift Station project, all water and sewer service within the City of Atlantic Beach corporate limits is now provided by the City of `'Atlantic Beach water and sewer plants. Accordingly, a memorandum was sent to the Finance Department advising that the 2nd quarter billings be adjusted to reflect this change, initial impact fees be transferred to the City of Atlantic Beach, and information be added in the 1st quarter billings advising affected homeowners of change. 5 � 3. Buccaneer Chlorine Contact Facility: We received cost proposals from 3 Engineering firms: 1) Flood, 2) Pitman, Hartenstein and Associates, 3) J. Lucas and Associates. After considering the costs proposals versus the technical proposal ratings it was agreed to recommend that J. Lucas and Associates perform the design work. Note: Subsequent to the meeting R. Kosoy called J. Lucas to discuss contingencies in his proposal regarding deliverables he needs from the City. At this time, it is not certain if the deliverables can be obtained and therefore, the recommendation should be contingent on the City's ability to obtain the said deliverables. 4. Mayport Road Bore and Jack: Andy May has sent correspondence to Ms. Carol Davis of F. D. O. T. requesting reissuance of the permit for this project. If problems occur, R. Kosoy will contact the local F. D. O. T. representative, Mr. Bill Dial. 5. Capacity Analysis Report: It was decided to prepare these reports in-house. R. Kosoy will furnish DER guidelines to Harry E. McNally and Tim N. Townsend, who will provide 10 year annual flow averages and other required information for reports. 6. Buccaneer WWTP Expansion Surge: Committee discussed problems with hydrasieve and dropping of screenings on deck of surge tank. Walkthrough is tentatively scheduled for Wednesday March 4, 1992. 7. 2nd Ground Storage and Hydro Tank at Buccaneer Assisi Lane WTP: Alan Potter will provide plans and specifications for bidding. These plans and specifications are revisions to his originals for the water plant and he is providing the revised versions to the City at no cost. Permits will be prepared by Alan Potter and permitting fees will be paid for the City. 8. Grant Forms: EPA grant forms due by March 15, 1992. 9. EPA Performance Audit Inspection of WWTP'S: EPA personnel rated both WWTP ' s and neither Harry E. McNally nor Tim N. Townsend were satisfied with ratings. Responses will indicate we are following procedures outlined by Athens, Georgia and that we would like copy of criteria for rating facilities. 10. Capital Improvement Fee Ordinance: R. Kosoy will prepare draft ordinance for Commission review by next meeting. Ordinance will estimate flat fees for connections and establish designated fund for capital improvement. 11. Letter of February 11, 1992 from City Manager: Committee reviewed letter regarding approval of Change Orders up to $5, 000. 00 for the WTP #1 and #2 Improvements Project. The Committee recommends that Change Orders up to $5, 000. 00 be reviewed by the Director of Public Works and, if acceptable, the Commission authorize the City Manager to approve such Change Orders. However, when and if bona fide Change Orders exceed an aggregate amount of 5% of the construction contract, Commission approval would be required. RSK/tb cc: Lyman Fletcher/Commissioner Ernie Beadle/Assistant to P. W. Director Harry E. McNally/Utility Plant Division Director Tim N. Townsend/Utility Plant Division Director Alan Potter/Consultant Engineer Dr. Ray Salman File - WSCR • 3)gig \4°'' •. CITY OF • • ' • ACtiaotie Eead wtida 800 SEMINOLE ROAD 01 -- ATLANTIC BEACH,FLORIDA 32233-5445 TELEPHONE(904)247-5800 4 41,. : ., FAX(904)247-5805 March 5 , 1992 Honorable Mayor and City Commission Members Atlantic Beach, Florida Dear Mayor and City Commission Members : At your direction I have reviewed the differences afforded our employee groups (fire fighters collective bargaining unit , public works collective bargaining unit and non-organized employees) and am forwarding my recommendations as delineated herein. Please note due to on-going negotiations , I cannot include the police collective bargaining unit within the context of this report . The objective given to me is to provide equity between these groups in terms of compensation and fringe benefits . First , I must advise you of a number of assumptions I have made: - recommendations made do not reflect those afforded to a group because of various unique factors pertaining to that group only, for example, EMT pay for the fire fighters collective bargaining unit - the four percent (4%) compensation adjustment given to the fire fighters collective bargaining unit amounts to a cost of living adjustment in lieu of salary plan adjustments based upon a comparative or other analysis to achieve a stated goal in this particular pay plan - if recommendation(s) is granted, appropriate legal steps must be used to modify existing -contracts . - the goal is to provide as much equity as possible and this primarily stems from items granted during the fire figpters collective bargaining unit impasse proceedings Second, you should be made aware monies have not been specifically budgeted for the fiscal side of benefits granted above those contained in the current FY 1991-1992 budget . I would like to editorialize on two issued raised in the past . First , we have taken heat for using a labor counsel. Remember this was successfully done with the police collective bargaining unit . The labor counsel helped to negotiate a sound agreement , a solid starting base , and now staff conducts collective bargaining. This is due in large part I believe , to the critical first professional contract . When it works , grievances and other problems are avoided , unfortunately silence is golden and no one notices . And remember , two sides in the fire fighters collective bargaining unit negotiations could not agree - not just one. Both are "to blame" if blame is to be dealt . Finally, we have been criticized for taking benefits away. It is my opinion, once collective bargaining is instituted , there is no base to work from - the process begins anew. If one collective bargaining unit wants to start from the current personnel resolution ("white book") why couldn' t management insist on starting from a base favorable to its position, eg . FY 1987-88 just before greater than average salary increases were implemented in the fire department? Aren' t both equally wrong? I think so. ILow to the matter at hand . Recommendations for parity are as follows : ITEM NON-UNION FIRE PUBLIC RECOMMENDATION EMPLOYEES WORKS COLA 3% 4% 3% Increase non- PAY union & public INC. works pay 1% - retroactive to October 1 , 1991 PERS. 960 HRS 960 HRS 160 HRS Give Public Works LEAVE 960 Hrs for Pers . BANK Leave Bank WORKERS 100% 100% 100% for Give Public COMP. 1st accid. Works 100% 1ST-7 DAYS 50% for next unless 3 yrs pass w/o accid . then go back to 100% TUITION N/A $50/Mo . Assoc. none Allow $50/mo AID Degree (min. 60 for Assoc. hrs . ) - $ 100/mo degree (60 hrs Bach. degree for degree) & (min 120 hrs) $100/mo defer funding Bachelors to next budget degree (120 hour for degree) subject to dept head & City Mgr authorizing same & ensuring same relates to city job held by employee . Also non-retro . UNION N/A 216 Max. hrs . none Allow Public TIME voluntary , no Works Union. POOL city cost pool , 216 hrs max. ,voluntary , no cost to city WORKING 10% of none none Allow 10% inc. OUT OF employee ' s to employees CLASS wages subj . regular salary to City Mgr . if working out authorization of class more than 2 weeks & subject to City Manager' s authorization The exact language of these proposals would have to be worked out before implementation and if you want to proceed , I recommend you ask our City Attorney to do this for you. The salary item is projected to cost $25 , 118 approximately, of which $6 , 510 is benefit impact . The others are almost impossible to predict and will require time (history) to more acutely define impact . Please advise if you have any questions or desire additional information. Sincer y , 407 470 4.64ZOr im D. Leinbach City Manager KDL. dst CORBIN, DICKINSON, DUVALL & MARGULIES ATTORNEYS AT LAW 731 MAY STREET POST OFFICE BOX 41556 PETER REED CORBIN TELEPHONE JOHN F. DICKINSON JACKSONVILLE. FLORIDA 32203 504/356.5073 JOHN E. DUVALL TELECO PI[R RICHARD N. MARGULIES w4/355-2315 F.DAMON KITCHEN March 9 , 1992 VIA FACSIMILE Mr. Kim D. Leinbach City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 Re: City of Atlantic Beach vs. Professional Fire Fighters of Jacksonville Beach, IAFF Local 2622, AFL-CIO, CLC and Florida Public Employees Relations Commission - Case No. 91-1508 Dear Kim: Please find enclosed pursuant to our telephone conversation on Friday, March 6 , 1992 , a copy of the Order from the First District Court of Appeal affirming the decision of the Public Employees Relations Commission dated May 8, 1991. As you know, the May 8 decision of the Public Employees Relations Commission certified the International Fire Fighters of Jacksonville Beach, IAFF, Local 2622, AFL-CIO, CLC, as the exclusive bargaining representative of all regular full-time lieutenants employed by the City of Atlantic Beach Fire Department. Because the First District Court of Appeal' s Order is a per curiam affirmance, and no written opinion has been given as to the reasons behind the court' s decision, we have no right to appeal this matter to the Florida Supreme Court. Although the City has a right to file a Motion for Rehearing, we do not recommend that a motion be filed. Should you decide to file a Motion for Rehearing, it must be received in Tallahassee on or before March 19, 1992. As you know, our appeal arose out of two separate proceedings before the Public Employees Relations Commission. Originally, the union filed a petition for representation with the Commission on March 1, 1990 . In that petition, the union requested that the Commission certify it as the exclusive bargaining representative of fire fighters, engineers and lieutenants in one bargaining unit. The City requested that the Commission decline to certify lieutenants in a bargaining unit Mr. Kim Leinbach March 9, 1992 Page 2 with fire fighters and engineers because the lieutenants have a supervisory conflict of interest with the rank and file fire fighters and engineers. The union vigorously opposed the exclusion of lieutenants from the overall bargaining unit, claiming that the lieutenants did not have any supervisory duties which conflicted with the interests of the fire fighters and engineers. After a lengthy hearing before a hearing officer appointed by the Commission, the City prevailed in its position. Thereafter, a secret ballot election was conducted and the Commission certified the union as the exclusive bargaining representative of the fire fighters and engineers. It is this unit that has been at the bargaining table with the City and over which an impasse was recently resolved by the City Commission. After being defeated in its initial claim that lieutenants do not have a supervisory conflict of interest, the union then petitioned the Public Employees Relations Commission to represent the three lieutenants in a separate supervisory bargaining unit. This petition was filed on September 18, 1990. The City contended that the Public Employees Relations Commission should not certify the unic for two reasons. First, the City contended that the lieutenants were managerial employees and thus could not be represented by a union. This position was taken because the lieutenants exercise substantial authority on a day-to-day basis over the working conditions of the rank and file fire fighters and engineers. For example, lieutenants play a role in disciplinary matters, the City' s grievance procedure, the hiring and promotion of fire fighters and engineers, the granting of leave requests, the scheduling of overtime, and the evaluation of fire fighters and engineers. Second, we contended that inasmuch as the Commission had earlier agreed with the City' s contention that lieutenants had a supervisory conflict of interest with the rank and file fire fighters and engineers, it was against the public policy of the state to allow the same union to represent both groups of employees. Rather than go through the expense of a lengthy hearing over these issues, the union and the City agreed to stipulate on the record to be presented to the Public Employees Relations Commission. After considering this record, the Commission disagreed with the City' s arguments, held a secret ballot election, and certified the union as the exclusive bargaining representative of the three lieutenants in the Fire Department. Certification was rendered on May 8, 1991 . It was from this certification that the City appealed to the First District Court of Appeal. The arguments on appeal essentially concerned those raised by the City before the Public Employees Relations Commission. CORBIN. DICKINSON. DUVALL MARGULIES Mr. Kim D. Leinbach March 9, 1992 Page 3 Although the Fifth District Court of Appeal reversed similar orders of the Public Employees Relations Commission in two cases involving the City of St. Augustine, and the City of Winter Park, on almost identical fact patterns to those in our case, and determined that second in command personnel in small fire departments were managerial employees, the First District Court of Appeal chose to agree with the Public Employees Relations Commission in our case. Unfortunately, the Court did not articulate a distinction between our case and the City of St. Augustine and City of Winter Park decisions. As a result of First District Court of Appeal' s decision (assuming we choose not to file a Motion for Rehearing) , we can expect that the union will be requesting to bargain for an agreement between the City and the bargaining unit composed of the lieutenants in the near future. Because of the similarity of hours and working conditions, this agreement should be similar in many respects to the agreement recently negotiated between the union and the City over the fire fighters and engineers bargaining unit. Should you have any questions concerning the Court' s decision, the option of filing a Motion for Rehearing, or the bargaining obligation of the City with the IAFF, please do not hesitate to give us a call. In the meantime, please keep in mind that any Motion for Rehearing must be filed on or before March 15 , and let us know should a decision be made to file such a motion. In the meantime, we remain, Sincerely yours, CORBIN, DICKINSON, DUVALL & MARGULIES Jo . Dickinson JFD/rs Enclosure cc: Honorable William I . Gulliford, Jr. , w/encl. Alan C. Jensen, Esquire, w/encl. CORBIN. DICKINSON. DUVALL & MARGULIES ( . IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CITY OF ATLANTIC BEACH, * NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND Appellant, * DISPOSITION THEREOF IF FILED. V. * CASE NO. 91-1508 PROFESSIONAL FIRE FIGHTERS * OF JACKSONVILLE BEACH, IAFF LOCAL 2622 , AFL-CIO, CLC and FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION, Appellees. Opinion filed March 4, 1992. An Appeal from an order of the Public Employees Relations Commission. John F. Dickinson and F. Damon Kitchen, of Corbin, Dickinson, Duvall & Margulies, Jacksonville, for appellant. Jack E. Ruby, Assistant General Counsel , Florida Public Employees Relations Commission, Tallahassee, for appellees. PER CURIAM. AFFIRMED. SHIVERS, WIGGINTON, and BARFIELD, JJ. , CONCUR.