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11-23-98 vCITY OF ATLANTIC BEACH COMMISSION MEETING - November 23, 1998 AGENDA Call to order Invocation and pledge to the flag 1.Approval of the minutes of the Regular Commission Meeting of November 9, 1998 2.Courtesy of Floor to Visitors: 3.Unfinished Business: 4. Consent Agenda: ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Award a contract to Meadors Construction Company for the Buccaneer Wastewater Treatment Plant Expansion for the total base bid and additive Items A2 and A4, and a minimal contingency of$100,000(6%), for a total contract price of$1,753,187.00, and authorize the City Manager to sign the contract with Meadors Construction Company(Bid #9789-6)(City Manager) 5.Committee Reports: 6.Action on Resolutions: 7.Action on Ordinances: A. Ordinance No. 58-98-25: Public Hearing and Final Action AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS,DIVISION 3, RETIREMENT SYSTEM TO COMPLY WITH STATE AND FEDERAL LAWS (City Commission) B. Ordinance No. 75-98-13: Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADDING A NEW ARTICLE IV TO CHAPTER 21, TRAFFIC AND MOTOR VEHICLES, REGULATING THE MOTOR VEHICLE TITLE LOAN INDUSTRY, AND PROVIDING AN EFFECTIVE DATE (Commissioner Mitchelson) 8.Miscellaneous Business: A. Authorize the Mayor to sign the Interlocal Agreement relative to 9-1-1 user fees (City Manager) Agenda was amended to add Item No. 7B Page Two AGENDA November 23, 1998 1110 B. Authorize staff to negotiate with Gannett Fleming, Inc. for a cost proposal for Construction Engineering and Resident Observation for the Buccaneer Wastewater Treatment Plant Expansion (City Manager) C. Authorize staff to negotiate a contract with Bessent, Hammack& Rudman, Inc., for engineering design work for Wonderwood Drive Utility Relocation, and if unable to negotiate a satisfactory contract, authorize staff to negotiate with the next most qualified firm(City Manager) D. Approve Local Mitigation Strategy Subcontract with the Consolidated City of Jacksonville and the Mayor to sign the contract document (City Manager) E. Approve an amount not to exceed $5,000 for the purchase of emergency communications equipment for police, fire, and lifeguards (City Manager) F. Authorize the Mayor and City Manager to sign a Local Law Enforcement Block Grant application(City Manager) G. Approve agreement with the City of Jacksonville relative to Advanced Life Support and Fire Services for Atlantic Beach, and authorize the Mayor and City Manager to sign the agreement (City Manager) H. Ratification of Public Works Union Agreement (City Manager) I.Discussion and related action relative to the closing of City government functions the day before Christmas (City Manager) 9. City Manager Reports: A. Report relative to Selva Marina Streets 10. Reports and/or requests from City Commissioners and City Attorney Adjournment If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting,such person may need a record of the proceedings,and,for such purpose,may need to ensure that a verbatim record of the proceedings is made,which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. In accordance with the Americans with Disabilities Act and Section 286.26,Florida Statutes,persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM,Friday,November 20, 1998. V v O O T T MINUTES OF THE REGULAR MEETING OF THE ATLANTIC E E BEACH CITY COMMISSION HELD IN CITY HALL, 800 S S SEMINOLE ROAD,AT 7:15 PM ON TUESDAY,NOVEMBER 23, 1998 PRESENT: Suzanne Shaughnessy, Mayor Richard Beaver Mike Borno John Meserve Theo Mitchelson, Commissioners M S AND: James Jarboe, City Manager o E Maureen King, City Clerk T c 0 Y Alan C. Jensen, City Attorney ONE N COMMISSIONERS N D S 0 The meeting was called to order by Mayor Shaughnessy at 7:15 p.m. The Invocation was offered by Commissioner Meserve, followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Meeting held November 10, 1998. There were no corrections or amendments, and the minutes were unanimously approved as presented. 2. Courtesy of the Floor to Visitors: Alan Potter of 374 Second Street compared the City of Atlantic Beach government to the war-time Quisling government in Norway and questioned whether Atlantic Beach should be dissolved and collapsed into the consolidated City of Jacksonville. He felt that major public action should be properly noticed, advertised, a public hearing held and properly discussed before action is taken. J.P. Marchioli of 414 Sherry Drive concurred with Mr. Potter and commented that there should be more citizen participation in decisions concerning major projects and city business in general. 3. Unfinished Business: There was no unfinished business. 4. Consent Agenda: A. Award Contract to Meadors Construction Company for M S O E T C I O Y 4110 Minutes Page -2- O N E N g COMMISSIONERS N D S 0 November 23, 1998 the Buccaneer Wastewater Treatment Plant Expansion for the Total Base Bid and Additive Items A2 and A4, and a Minimal Contingency of$100,000.00 (6%),for a Total Contract Price of 1,753,187.00, and Authorize the City Manager to Sign the Contract with Meadors Construction Company (Bid #9798-6) City Manager) Commissioner Meserve requested that Item A be pulled from the consent agenda for discussion. Motion: Accept Staff recommendation and award Contract to Meadors Construction Company for the Buccaneer Wastewater BEAVER X Treatment Plant Expansion for the total base bid and Additive BORNO X Items A2 and A4, and a minimal contingency of $100,000.00 MESERVE x x MITCHELSON X X 6%),for a total contract price of$1,753,187.00, and authorize SHAUGHNESSY X the City Manager to sign the contract with Meadors Construction Company. (Note: See City Manager's comments page 15). Son Alan Potter of 324 Second Street questioned if the city had received a permit for this project because the issuance of the permit was contingent upon settlement of the administrative hearing, which he felt had not yet been resolved. Mr. Potter felt the purchase of the Fluidyne Equipment should have been advertised and purchased through the bidding process. Commissioner Mitchelson asked City Attorney Jensen for his opinion concerning the administrative hearing and the status of the permit. City Attorney Jensen stated that language was submitted for the amended permit from DEP, and the two minor, suggested changes were sent to Mr. Potter's attorney for review and were approved by him. It was further stated that the changes were then sent on to Tallahassee for issuance of the permit. City Attorney Jensen stated that he had learned from Public Works Director Kosoy of the Notice of Intent to issue the permit, and was told the permit would be issued within the next three to four days. He indicated the administrative hearing portion would terminate upon issuance of said permit. He related that further considerations and concerns expressed by Mr. Potter would be addressed by a separate agreement, and was not part M S O E T C I O Y Minutes Page -3- O N E N g COMMISSIONERS N D S 0 November 23, 1998 of the administrative hearing procedure. Commissioner Meserve inquired if there was any legal reason that the city should not vote on this matter at this time. City Attorney Jensen stated his only concern would be if something occurred within the next four days that would prohibit issuance of the amended permit. A brief discussion ensued concerning signing a contract if another legal challenge or problem cropped up, and City Attorney Jensen advised that the contract could be signed contingent upon receipt of the permit from the Department of Environmental Protection. Commissioner Meserve requested that the motion be amended to reflect the receipt of the permit, and stated the city needed to move forward with the project. He believed it was a good project and the city needed the improvements, not only for added capacity, but to correct a failing wastewater treatment plant. BEAVER X Amendment to the motion: add contingent upon actual BORNO X receipt of the permit. MESERVE X X MITCHELSON X X SHAUGHNESSY X Mayor Shaughnessy asked City Attorney Jensen if the purchase of the Fluidyne equipment was conducted in a proper legal manner. City Attorney Jensen stated that it was done in a proper legal manner and had been investigated and there was found to be no wrong doing because in essence, the Commission waived the formal bidding procedure,which it is allowed to do. He further stated that he had not recently reviewed the previous proceedings, but this was his recollection of what happened. Mayor Shaughnessy requested that the City Attorney notify the Commission within twenty-four hours if he found otherwise. City Manager Jarboe requested that the City Clerk verify if formal action was taken to waive the bidding process. There being no further discussion, the amendment to the motion and the main motion carried unanimously. M S O E T C I O Y Minutes Page -4- N D E N g COMMLSSIONERS N D S 0 November 23, 1998 5. Committee Reports: There were no committee reports. 6. Action on Resolutions: There was no action on Resolutions. 7. Action on Ordinances: A. Ordinance 58-98-25: Public Hearing and Final Action AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3, RETIREMENT SYSTEM TO COMPLY WITH STATE AND FEDERAL LAWS (City Manager) BEAVER X III Motion: Adopt Ordinance 58-98-25 on final reading. BEAVE x x XMESERVE X MITCHELSON X Mayor Shaughnessy read the ordinance by title only and opened the SHAUGHNESSY X floor for a public hearing. No one spoke for or against the ordinance and the public hearing was declared closed. There was no discussion and the motion carried unanimously. B. Ordinance 75-98-13: Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,ADDING A NEW ARTICLE IV TO CHAPTER 21, TRAFFIC AND MOTOR VEHICLES, REGULATING THE MOTOR VEHICLE TITLE LOAN INDUSTRY,AND PROVIDING AN EFFECTIVE DATE Commissioner Mitchelson) BEAVER X BORNO X Motion: Approve Ordinance 75-98-13 on first reading. MESERVE x X MITCHELSON X X Mayor Shaughnessy read the ordinance by title only and announced SHAUGHNESSY X that the final reading and public hearing would be held January 11, 1999. M S O E T C I O Y 110 Minutes Page-5- ONE COMMISSIONERS N D S NO November 23, 1998 Commissioner Mitchelson,sponsor of the ordinance,believed the title loan industry preyed upon those who could least afford the industry and it and should be regulated. He further stated that Jacksonville Beach had passed such an ordinance. Commissioner Mitchelson felt that if the City of Atlantic Beach joined with Jacksonville Beach and passed a similar ordinance, they in turn could challenge the cities of Jacksonville where Mayor Delaney is trying pass similar legislation, and Neptune Beach, to do the same. Lynn Drysdale of 1768 Ocean Grove, a local legal aid attorney supported the ordinance, and distributed to the Commission information concerning the title loan industry. Commissioner Beaver favored passage of the ordinance and requested that copies of it be sent to other cities throughout the state to let them know what Atlantic Beach is doing. Commissioner Meserve inquired if the City Attorney had reviewed the ordinance and asked if it was in the right place in the code. City Attorney Jensen responded that he had not reviewed the legality of the ordinance but found that Chapter 21 of the city code was the best place for the ordinance. Commissioners Meserve and Borno favored passage of the ordinance and both agreed that the title loan industry preyed on young sailors and should be regulated. Commissioner Meserve requested that the public hearing be moved up to the December Commission meeting. Mayor Shaughnessy agreed and announced that the public hearing would be held December 14, 1998. There being no further comments,the motion to pass the ordinance on first reading carried unanimously. 8. Miscellaneous Business: A. Authorize the Mayor to Sign the Interlocal Agreement Relative to 9-1-1 User Fees (City Manager) M S O E T C I O Y Minutes Page -6- O N E N PgCOMMISSIONERS N D S 0 November 23, 1998 BEAVER X Motion: Authorize the Mayor to sign the Interlocal BORNO X X Agreement Relative to 9-1-1 User Fees. MESERVE X X MITCHELSON X There was no discussion and the motion carried unanimously. SHAUGHNESSY x B. Authorize Staff to Negotiate with Gannett Fleming, Inc. for a Cost Proposal for Construction Engineering and Resident Observation for the Buccaneer Wastewater Treatment Plant Expansion (City Manager) Motion: Authorize staff to negotiate with Gannett BEAVER X Fleming, Inc. for a cost proposal for construction BORNO X X engineering and resident observation for the Buccaneer MESERVE X X en g g MITCHELSON X Wastewater Treatment Plant Expansion. SHAUGHNESSY X Mayor Shaughnessy inquired as to the procedure if the negotiations 0 with Gannett Fleming, Inc. failed, and commented that the firms should have been ranked . Some discussion ensued concerning the procedure previously used to rank firms, and Commissioner Meserve indicated he wished to amend his motion. Amendment to the motion: Include - if negotiations fail BEAVER X with Gannett Fleming, negotiate with Gee and Jensen BORNO X X second and Smith and Gillespie third. MESERVE x x MITCHELSON X SHAUGHNESSY X Commissioner Beaver pointed out that Gannett Fleming was the only company with a resident observer familiar with the project and the other two firms had no SBR (Sequence Batch Reactor) experience. He felt SBR experience was very important and stated he would like this matter brought back to the Commission if a satisfactory contract could not be negotiated with Gannett Fleming. Discussion ensued regarding whether the city should reissue requests for proposals for a resident observer, but it was felt that it would take six weeks or more to go through the RFP process again, which would further delay the project and could cause a scheduling conflict with the contractor. M ' S O E T C I O Y Minutes Page -7- COMMISSIONERS N D S 0 November 23, 1998 ONE N City Attorney Jensen briefly recapped the criteria for negotiations with a firm and explained that the city's RFP required a resident observer. It was pointed out that in March, when the RFP's went out, all three firms had resident observers. Alan Potter of 374 Second Street did not feel that it was appropriate for Gannett Fleming, Inc. to provide resident observation since it was a division of Eder Associates. Mayor Shaughnessy then inquired if there would be a problem to have the people who designed the work oversee it. City Manager Jarboe stated that traditionally this had not been done and posed a dilemma for the city. There being no further discussion, the motion and amendment carried by a four to one vote with Mayor Shaughnessy, Commissioner Beaver, Commissioner Meserve and Commissioner Mitchelson voting aye, and Commissioner Borno voting nay. C. Authorize Staff to Negotiate a Contract with Bessent, Hammack and Ruckman, Inc. for Engineering Design Work for Wonderwood Drive Utility Relocation, and if Unable to Negotiate a Satisfactory Contract, Authorize Staff to Negotiate with the Next Most Qualified Firm City Manager) Motion: Authorize Staff to negotiate a contract with BEAVER X Bessent, Hammack and Ruckman, Inc. for engineering BORNo X x ME SERVE X X design work for Wonderwood Drive Utility Relocation,MITCHEL SON X and if unable to negotiate a satisfactory contract, SHAUGHNESSY x authorize staff to negotiate with the R-A-M Professional Group and then Smith and Gillespie Engineers, Inc. Mayor Shaughnessy felt uncomfortable in that the usual process to select a firm had been waived, and the ranking done by staff. Mayor Shaughnessy felt that it was best to adhere to the established process, even for small projects, as follows: (1) Commissioners review proposals, (2)presentations given, and if not, (3) ask the Commission to dispense with the presentation, and(4) the Commission ranks the firms after the presentations. M S O E T C I O Y ONE N Minutes Page -8- COMMISSIONERS N D S 0 November 23, 1998 Commissioner Beaver stated believed there were times the Commission should rely on the work of staff to make the decision and bring the information to the Commission. Commissioner Meserve concurred with Commissioner Beaver and stated it was very technical work to reroute lines, and he was comfortable with the staff recommendation. He believed that this was not just "rubber stamping" the project, and the negotiated contract would be brought back for Commission approval. Commissioner Mitchelson inquired as to the urgency for the project. Mayor Shaughnessy stated that the Jacksonville Electric Authority (JEA)was at 90% design completion and wanted to get the project underway as soon as possible. Alan Potter stated he had previously suggested an alternate route other than Wonderwood Drive for relocating a 6" force main which he believed would save the city $300,000.00. Mr. Potter believed that since that time, the JEA had contracted for a 10" force main to be constructed on Wonderwood Road, coming from the Mayport Coast Guard Station to the Buccaneer Wastewater Treatment Plant. He inquired as to the ownership of that line and the city's requirement to relocate that line. Mr. Potter then inquired as to the number and size of the all lines to be relocated and the cost to the taxpayers of the City of Atlantic Beach. Stephen Kuti of 1132 Linkside Drive stated he had inquired concerning the project in August and requested it be placed on an agenda at that time, but was turned down by the Commission. City Manager Jarboe explained that the 10" force main to be constructed from the Coast Guard Stations would go into one of the city's lift stations and to his knowledge would not go down Wonderwood Road. City Manager Jarboe deferred further questions to Public Works Director Kosoy, and stated that Public Works Director Kosoy had all of the information pertaining to the 0 project, which was included in the the RFP. Public Works Director Kosoy explained that 8" and 6" force mains M S O E T C I O Y Minutes Page -9- O N E N COMMISSIONERS N D S O November 23, 1998 and a waterline (located at the intersection of Mayport Road and Wonderwood) would have to be relocated. Mayor Shaughnessy inquired regarding responsibility for relocating the 10" main if the construction disturbed it. Public Works Director Kosoy stated that the city and the engineer had looked into that and it would not be disturbed. City Manager Jarboe stated that the JEA would be connecting into the city's line at the intersection of A-1-A and Wonderwood Drive, and the JEA would be responsible for relocating its own line at the point of connection. Mayor Shaughnessy repeated her concern regarding the 10" main, and Public Works Director Kosoy stated he would have to review the maintenance agreement to determine exact responsibility. Mayor Shaughnessy called a recess at 8:50 p.m. to allow time to review the JEA maintenance agreement. The meeting reconvened at 9:10 p.m. Information regarding the point at which the JEA line would connect to the Atlantic Beach line was not found in the office of the City Clerk, and the Mayor deferred action on Item 8C until the Public Works Director returned from his office with the required information. (Continued on Page 11). D. Approve Local Mitigation Strategy Subcontract with the consolidated City of Jacksonville and Authorize the Mayor to Sign the Contract Document (City Manager) BEAVER X Motion: Approve Local Mitigation Strategy Subcontract BORNO X with the consolidated City of Jacksonville and authorize MESERVE x x the Mayor to sign the Contract Document. MITCHELSON x x There was no discussion and the motion carried unanimously. E. Approve an Amount Not to Exceed $5,000.00 for the Purchase of Emergency Communications Equipment for Police, Fire and Lifeguards (City Manager) Motion: Approve an amount not to Exceed $5,000.00 for M S O E T C I O Y MinutesOPage -10-N N E N PgCOMMISSIONERS N D S 0 November 23, 1998 BEAVER X BORNO X the purchase of Emergency Communications Equipment MESERVE X X for Police, Fire and Lifeguards. MITCHELSON X X SHAUGHNESSY X As a point of clarification, City Manager Jarboe pointed out that the equipment was being bought from the current State Contract. There was no discussion and the motion carried unanimously. F. Authorize the Mayor and City Manager to Sign a Local Law Enforcement Block Grant Application (City Manager) BEAVER X Motion: Authorize the Mayor and City Manager to sign BORNO x X MESERVE X X a Local Law Enforcement Block Grant Application. MITCHELSON X SHAUGHNESSY X Commissioner Mitchelson commented that the city's match for the 10,000.00 grant was $1,100.00. There was no discussion and the motion carried unanimously. G. Approve Agreement with the City of Jacksonville Relative to Advanced Life Support and Fire Services for Atlantic Beach, and Authorize the Mayor and City Manager to Sign the Agreement (City Manager) See page 12 ). H. Ratification of Public Works Union Agreement (City Manager) BEAVER X BORNO X X Motion: Ratify Public Works Union Agreement. MESERVE X X MITCHELSON X Commissioner Meserve briefly reviewed the changes in the SHAUGHNESSY x contract. There being no further comments, the motion carried unanimously. I.Discussion and Related Action Relative to the Closing of III City Government Functions the Day before Christmas M S O E T C I O Y 1/1 Minutes Page -11- O N E N g COMMISSIONERS N D S 0 November 23, 1998 BEAVER X Motion: Close city government functions the day before BORNO X Christmas. MESERVE X X MITCHELSON X X SHAUGHNESSY X City Manager Jarboe explained that it had been a past tradition to close for a half day on Christmas Eve, and the closing of city government functions for the entire day would cost approximately 2,500.00 with funds coming from each department's budget. There being no further comments, the motion carried unanimously. Continuation of Item 8C: Public Works Director Kosoy entered the meeting and reported that he had not found the point of connection described in the agreement. He stated he had reviewed the plans and specifications and they did not clearly identify the point of connection, but it was his understanding that the City of Jacksonville would pay for maintenance from that point. Commissioner Mitchelson referenced Item 2, Paragraph A of the JEA Agreement dated July 28, 1998, which he believed documented JEA ownership of the lines. BEAVER X Amendment to the motion: Add: Contingent upon BORNO x clarification that the JEA is responsible for the 8" line MESERVE x from the Coast Guard lift station to the point of MITCHELSON x x connection at A-1-A and Wonderwood. SHAUGHNESSY x x It was explained that there had been previous confusion concerning the lift station, and Public Works Director Kosoy verified that it was located at the Coast Guard Station. City Manager Jarboe pointed out that the JEA was responsible for maintaining anything they built and any damage their force main might create in the city's system. City Manager Jarboe agreed to bring this item back to the Commission if anything different than what was discussed came up. Mayor Shaughnessy reiterated her position concerning the M S O E T C I O Y III Minutes Page -12- O N SE N g COMMISSIONERS N ND S 0 November 23, 1998 importance of the maintaining the ranking procedure in order to preserve the choice of the Commission. There being no further discussion, the amendment to the motion and the main motion carried unanimously. Item 8G was taken out of sequence and acted on at this time. G. Approve Agreement with the City of Jacksonville Relative to Advanced Life Support and Fire Services for Atlantic Beach, and Authorize the Mayor and City Manager to Sign the Agreement (City Manager) Motion: Approve agreement with the City of BEAVER x x Jacksonville relative to Advanced Life Support and Fire BORNO x Services for Atlantic Beach and authorize the Mayor and ME SERVE X X MITCHELSON XCityManagertosigntheagreement. SHAUGHNESSY X 411, John Clements of 3910 Maple View Drive in Jacksonville stated he was on the Atlantic Beach Fire Department waiting list which would be destroyed if the City of Jacksonville took over. He asked that consideration be given to maintaining the list. James Hill of 372 7th Street a Lieutenant with the Atlantic Beach Fire Department and seventeen year veteran, favored the agreement, but stated he would lose his rank in the transition and hoped this matter could be addressed. Former Commissioner Dezmond Waters of 835 Seminole Road preceded his remarks concerning the fire department with comments on many of the positive things going on in the city such as the beautification projects, and the soon to be completed median improvements. He spoke in favor of recent yellow striping of the roads and requested continuance of the program. Mr. Waters believed that Lt. Hill had been a loyal employee who served the city well and consideration should be given to transfer him to Jacksonville as a lieutenant. Mr. Waters stated he hated to see the department go, but he could understand if the city could not be competitive with Jacksonville. M S O E T C I O Y 110 Minutes Page -13- O N E N g COMMISSIONERS NDS O November 23, 1998 Alan Potter of 374 Second Street and Stephen Kuti of 1132 Linkside Drive opposed the agreement stating they paid taxes for city services and preferred to see the firefighters salaries increased and the department kept. Both felt there were other options to be considered. Chris Younger of 40 Millie Drive, Jacksonville Beach, the department's Union Representative and Max Shaffer of 1464 Seminole Road, a Jacksonville firefighter, both supported the agreement. Mr. Younger, as the Union Representative for the department, stated the firefighters favored the agreement and felt it would be a win-win situation for the city and the department. Mayor Shaughnessy briefly explained the intent of the agreement, and stated that she always tried for pay equity. She did not consider the agreement with the City of Jacksonville as a taking over of the department, but as an outsourcing of the service, and one of the benefits would be that the city would gain Advanced Life Support Services (ALS). Mayor Shaughnessy briefly referenced the guidelines which had been agreed to in talks with Jacksonville Mayor John Delaney . Mayor Shaughnessy believed the guidelines required the transfer to Jacksonville at the firefighters current rank, and discussion ensued concerning the issue of"grandfathering" the rank of lieutenant into the City of Jacksonville. City Manager Jarboe stated that rank was considered in that the City of Jacksonville agreed to pay each firefighter at least the same level of pay he was receiving from the City of Atlantic Beach but rank was not part of the "grandfathering". Public Safety Director Thompson stated the lieutenant's position was not the same in Jacksonville as in Atlantic Beach, and the City of Jacksonville does promotional testing for the position of lieutenant, whereas, the City of Atlantic Beach does no testing. It was pointed out that Lt. Sam Bass and Acting Chief Mayo would 0 also be affected by the change. Commissioner Meserve inquired as to Acting Chief Mayo's view of M S O E T C I O Y Minutes Page -14- November 23, 1998 O N E N0COMMISSIONERSND SE N the proposed agreement. Acting Chief Mayo stated he had no problem with his loss of rank. He believed it would be good for the men on the department in that they would have a chance for career advancement, the City of Atlantic Beach would gain a level of service to ALS, and it would provide a cost savings to the city. Commissioners Meserve, Beaver and Borno believed it was a favorable contract that would benefit the employees, provide a higher level of service and provide a cost savings to the city. Mayor Shaughnessy asked Acting Chief Mayor how Chiefs were selected in the City of Jacksonville and he briefly explained the process. Mayor Shaughnessy stated she had some problems with the agreement and expressed the following concerns: (1) It was a lump sum contract with no value placed on the city's fire truck or equipment, (2) if the agreement did not work, the city would lose its truck and equipment and would face a major start up cost, (3) Exhibit C was not included in the agenda packet, (4) if there was an additional demand for service, would the contract price stay the same, (5) felt lieutenants should retain their rank, if they could pass a test, and (6) inadequate public notice was given. Mayor Shaughnessy then stated she would like to defer action on the agreement until the next meeting to give her time to discuss her concerns with Mayor Delaney . Motion: Defer action on approval of the agreement with SHAUGHNESSY x the City of Jacksonville relative to Advanced Life Support and Fire Services for Atlantic Beach to the December 14, 1998 Commission Meeting. The motion received no second and was lost. Commissioner Beaver suggested that the city put some of the money being saved into reserves in case the agreement was discontinued and the city had to start up operations again. He urged approval of the agreement. M S O E T C I O Y 410 Minutes Page -15- November 23, 1998 ONE NEN COMMISSIONERS N D Commissioner Meserve indicated he needed no additional information to make his decision, and also urged the Commission to move forward and approve the agreement. Mayor Shaughnessy recessed the meeting at 10:50 p.m. to allow time to study Exhibit C and other information distributed relative to the agreement and reconvened the meeting at 11:10 p.m. Mayor Shaughnessy believed the agreement was good for the city and the majority of firefighters, but felt the public did not receive adequate notice. There being no further discussion, the motion carried by a four to one vote with Commissioners Beaver, Borno, Meserve and Mitchelson voting aye and Mayor Shaughnessy voting nay. 9. City Manager Reports and/or Correspondence: City Manager Jarboe A. Report Relative to Selva Marina Streets Presented his report concerning ownership of Selva Marina Streets. Verified that the Commission voted on the staff recommendation for Item 4A to include the increase of 14,842. The Commission concurred. Reported that the recent staff meeting with the DEP concerning the core city project was very positive and he felt the DEP would provide additional time if the city was moving ahead in good faith. Reported that the Stormwater Review Committee (SRC) would hold a meeting on Tuesday, December 1, 1998, to review engineering firms proposals for the core city 410 project. Requested that a Special Called Meeting be held to review M S O E T C I O Y III Minutes Page -16- COMMISSIONERS N D S N November 23, 1998 ONE N 0 recommendations from the SRC and hear presentations from the seven engineering firms who submitted proposals to modify the core city project and select an engineer to do the work. The meeting was scheduled for 6:00 p.m., Friday, December 6, 1998. Mayor Shaughnessy requested that someone from the St. Johns River Water Management District and Mike Schmidt be present at the meeting. Requested Commission direction concerning written procedural guidelines in the form of a Resolution for selection of engineering services (RFP Process) for city projects. Requested Commission direction concerning amending the city's ordinance on agenda format to include printed dollar amounts and the fund for expenditures. 10. Reports and/or Requests from City Commissioners, City Attorney and City Clerk COMMISSIONER BORNO Reported that a recent meeting with DEP representatives relative to the core city project went well. He complimented staff on their preparation, and stressed the urgency for construction to begin. COMMISSIONER MITCHELSON Inquired whether the city published a list of sexual predators and was advised by Director Thompson that the city was required to do so by law. Director Thompson explained the notification procedure. 0 M S O E T C I O Y Minutes Page -17- ONE COMMISSIONERS N D S N November 23, 1998 MAYOR SHAUGHNESSY Mayor Shaughnessy requested that the name of an ordinance sponsor be printed on future ordinances. Requested that the City Attorney provide an opinion prior to the Community Development Board Workshop on taking of property in regard to the proposed ordinance limiting impervious surfaces in residential areas. Responded to a questionnaire relative to Naval Station Mayport's environmental clean up activities and requested that copies of the document be distributed to the Commissioners. Requested that a Workshop be schedule sometime during the O first two weeks of January to clarify the duties and role of committees. Referenced a letter she received from Brad Thoburn of Mayor Delaney 's office concerning the Community Development Block Grant funds the city receives through the City of Jacksonville, and indicated the city would continue to receive the funds. Inquired regarding the recent meeting of the Charter Review Committee and was informed by City Manager Jarboe it had been canceled due to the lack of a quorum. Submitted a Metropolitan Planning Organization Long Range Transportation Plan and stated it would be available at City Hall for public inspection. Indicated she had spoken with Kelly Elmore concerning representing the city on the Transportation Master Plan Committee, which will meet every other week for eighteen months, and he volunteered to represent the city and supply a written report. M S O E T C I O Y Minutes Page -18- November 23, 1998 o N E N COMMISSIONERS N D SE 0 Requested that a letter be prepared for her signature to the Transportation Master Plan Committee, to find out the city's function on the committee. Requested that a letter be prepared for her signature inquiring how the City of Atlantic Beach could access cultural arts money received by Duval County from the Department of State Division of Cultural Affairs. Reported that the Atlantic Beach History 2000 Committee had not been successful in obtaining a grant at this time, but would resubmit the application in the near future. There being no further comments or business to come before the Commission, the meeting adjourned at 11:50 p.m. ki-- 414fSunneShaughnessy Mayor/Presiding Officer ATTEST: Ma reen King, C City Clerk