08-18-98 vi
CITY OF ATLANTIC BEACH
SPECIAL CALLED MEETING
AUGUST 18, 1998
5:00 PM
Call to Order
1. Review and related action regarding agreement between the City of Atlantic
Beach and Terry L. Rice
2. Walk through the streets in the core city drainage area
3. Public Comment
4. Any other business
Adjournment
MINUTES OF THE SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY
COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 5:00 PM ON TUESDAY,
AUGUST 18, 1998
Present: Suzanne Shaughnessy, Mayor
Richard Beaver, Commissioner
Mike Borno, Commissioner
John Meserve, Commissioner
Theo Mitchelson, Commissioner
Also: James Jarboe, City Manager
Maureen King, City Clerk
Alan Jensen, City Attorney
The meeting was called to order By Mayor Shaughnessy.
1. Review and related action regarding agreement between the City of Atlantic Beach and
Terry L. Rice
Commissioner Mitchelson moved to authorize the City Manager to enter into this continuation
contract with Col. Rice. (Copy of agreement attached as Exhibit A) The motion was seconded
by Commissioner Borno. The question (to close further debate on the motion) was called by
Commissioner Borno and was approved by a vote of 3 -2 with Commissioners Beaver and Meserve
voting nay. The Commissioners then voted on the motion to authorize the City Manager to
enter into the continuation contract with Col.Rice and the motion carried on a vote of 4 - 1
with Commissioner Meserve voting nay.
2. Walk through of the streets in the core city drainage area
The Mayor said she had called the meeting to have the walk-through because she felt it was essential
that every person who wished to be involved ought to understand exactly what was proposed by the
existing plans and by the proposed RFP's. She said she hoped Mr. Kosoy could paint a picture of
how streets would be transformed by the project, identify and explain any markings which had been
placed on the streets, impact on trees, etc. She said that simple questions could be asked during the
walk-through, but requested that participants hold major questions and discussion until the group
returned to City Hall.
Mayor Shaughnessy reported she had been in contact with Lyman Fletcher, Chairman of the
Stormwater Review Committee, and he indicated his committee would conclude their work shortly
and it was hoped the RFP would be brought to the City Commission for approval at their meeting
of September 14, 1998.
Page Two
Minutes of Special Called Meeting
August 18, 1998
With reference to the continuation agreement with Col. Rice, the City Attorney felt that it should be
made clear that the City Manager was authorized to sign the agreement on behalf of the city and
although additional charges up to $5,000.00 had already been approved by the City Commission and
no bid or purchasing requirements applied, he suggested that the City Commission waive any bid or
purchasing requirements that might be required by State Statutes or City Ordinances. He also
reported that Col. Rice wished to discuss the agreement with his attorneys and while he did not
expect any changes to the substance of the agreement,there might be some minor details to be ironed
out. However, if there were substantive changes, these would be brought back to the City
Commission for approval.
Commissioner Meserve moved to waive bidding requirements and authorize the City Manager
to sign the contract as the agent for the City Commission. The motion was seconded by
Commissioner Borno and carried unanimously.
At 5:15 PM the City Commission, members of city staff and citizens present left City Hall for the
walk through the core city streets.
The streets included in the walk-through were Second Street, part of Sherry Drive, Third Street,
Seventh Street, Eighth Street and Eleventh Street. During the walk Mr. Kosoy provided detailed
information regarding the size and location of existing water and sewer lines. He explained the type
of pipes which would be installed, where new lines would be located, the proposed width of streets,
and pointed out various trees which would have to be removed or which would be saved.
3. Public Comment
William McGee, 1831 Selva Marina Drive, felt that it would solve problems if a lift station were
constructed at Howell Park to pump stormwater into the lagoon from the streets draining towards
Sherry Drive.
Hope VanNortwick, 826 Ocean Boulevard, indicated she would like to know what the impact would
be on the trees between the curb and gutter and swale systems. She felt this information should be
provided by someone with technical expertise in this area. She pointed out that the markings which
had been painted on the street to designate tree removal, etc., had faded and needed to be repainted
Page Three
Minutes of Special Called Meeting
August 18, 1998
so that residents would know what to expect in their front yards; also this information would be
needed during construction. She also requested that the protection of trees be monitored during the
construction process.
There being no further public comment, the Mayor declared the meeting adjourned at 7:34 PM.
Sta.444.0-
SUZ• SH :` GHNE
Mayor/Presiding Officer
ATTEST:
O7awu12A.
UREEN KING,
Certified Municipal Cler
EXHIBIT A
AUGUST 18, 1998
AGREEMENT
AGREEMENT made and entered into this day of August, 1998, at Atlantic
Beach, Duval County, Florida, by and between the CITY OF ATLANTIC BEACH, a Florida
municipal corporation, 800 Seminole Road, Atlantic Beach, FL 32233 (hereinafter "City"), and
T. L. RICE, INC., a Florida corporation, 7700 N. Kendall Drive, Suite 303, Miami, FL
33156 (hereinafter "Rice").
WHEREAS, the parties previously entered into a Letter of Agreement dated February
9, 1998, a copy of which is attached hereto, and
WHEREAS, the parties desire to more fully set forth the nature of the services being
provided by Rice to City, the remaining payments due Rice under the original Letter of
Agreement, and any additional payments which may be made by City to Rice for services
rendered hereunder.
NOW THEREFORE, in consideration of the mutual covenants and promises as set forth
herein, the payments to be made hereunder, and other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, it is
AGREED as follows:
1. Rice shall continue his review of certain portions of the City's Core City
Stormwater Improvements, and specifically sections SM-A, SM-B, SM-C and SM-E as shown
on Attachment A. Said review shall include:
a) Drainage calculations, assumptions, modeling and system design of current
plans provided by England, Thims & Miller, with particular attention given to proposed pipe
sizes and associated review with coupled headwaters and tailwaters.
b) Independent assessment of alternate methods of stormwater treatment,
including baffle boxes, sandtrap basins, and other pollutant removal devices or methods.
c) Thirteen(13)days of work, including document/data collection and review,
consultation with City staff, consultation with consultants, consultation with community groups,
technical analysis, public meeting/information gathering, report preparation, and attendance at
public meetings.
d) Environmental impact and issues regarding the Core City Stormwater
Improvements, with knowledge and experience gained by Rice as Commander, U.S. Army
Corps of Engineer District, Jacksonville, where he lead the federal effort to assist Florida and
other areas with projects and planning to enhance flood control, navigation, shore protection,
and environmental restoration.
2.City shall pay to Rice for the above services the total sum of $14,630.00, of
which the amount of $14,630.00 has already been paid pursuant to the Letter of Agreement
previously entered into between the parties. Additional services which Rice may provide to City
at City's request shall be compensated at the rate of $150.00 per hour or $1,000.00 per day,
whichever is less, plus reasonable and necessary expenses, with a total amount not to exceed
5,000.00.
3. The Letter of Agreement previously entered into between the parties dated
February 9, 1998, shall be of no further force or effect, shall be deemed terminated upon the
execution of this Agreement, and all future dealings between the parties shall be in accordance
with this Agreement.
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4. This Agreement represents the entire agreement between the parties and there are
no other agreements between the parties, oral or otherwise. This Agreement may be altered or
amended only in writing signed by both parties hereto.
5. This Agreement shall be construed under and governed by the laws of the State
of Florida. Venue for any action under this Agreement shall be in Duval County, Florida, and
the prevailing party in any such action shall be entitled to recover reasonable attorney's fees.
IN WITNESS WHEREOF, the parties hereto have set their hands and official seals as
of the day and year first above written.
Signed, sealed and delivered in the presence of:
CITY OF ATLANTIC BEACH
By C ,c s'
Witness print name: James R. Jarboe, P anal
Witness print name:
T. L. RICE, INC.
By
Witness print name: T. L. Rice, President
Witness print name:
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