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09-09-85 v AGENDA CITY OF ATLANTIC BEACH September 9, 1985 Call to Order Invocation and Pledge to Flag 1. Approval of Minutes of Regular Meeting of August 26, 1985. 2. Recognition of Visitors 3. City Commissioners to interview, in alphabetical order, the three engineering firms selected as most qualified to perform engineering services for the development of master plan for Section H. 7:18 - Bessent, Hammack & Ruckman 7:25 - Gee $ Jenson 7:32 - Smith & Gillespie 4. Action by the City Commission to approve a utility service agree- ment for use in connection with the furnishing of water, sewer and sanitation service. 5. Discussion regarding proposed contract with the U. S. Navy for the furnishing of water service to offbase housing, and authority for the Mayor and Clerk to execute the necessary contracts and utility service agreements providing same. 6. City Commission action to approve poll workers for the Municipal Election to be held on October 1, 1985. 7. Action on Ordinances A. Introduction and first reading of an ordinance amending the Code of Ordinances; amending Chapter 3 to repeal Section 3-10 which prohibits the playing of musical instruments outside of any building comprising the whole or any part of the business premises of a vendor of alcoholic beverages, and setting of a public hearing for September 23, 1985. 8. Miscellaneous Business AJOURN MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM- MISSION HELD AT THE CITY HALL ON SEPTEMBER 9, 1985 AT 7:15 P.M. V V O O PRESENT: William S. Howell, Mayor-Commissioner T T Robert B. Cook, Sr. E E William I. Gulliford, Jr. D D John W. Morris, Jr. Catherine G. Van Ness, Commissioners M S AND: Richard C. Fellows, City Manager O E Claude L. Mullis, City Attorney T C Adelaide R. Tucker, City Clerk I 0 Y NAME OF ONEN COMMRS. N D S 0 The meeting was called to order by Mayor Howell.The invocation,offered by Commissioner Cook was followed by the pledge to the flag. 1. Approval of the Minutes of the Regular Meeting of August 26, 1985 Motion: The minutes of the regular Commission Meeting of August 26, Cook x x 1985 be approved as submitted. Gulliford x x Morris x No discussion before the vote. Motion carried unanimously. Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x 2. Recognition of Visitors - NONE . City Commission to interview, in alphabetical order, the three engineering firms selected as most qualified to perform engineering services for the development of master plan for Section H. Mayor Howell announced the three firms selected for presentations were Bessent, Hammack & Ruckman, Gee & Jensen, and Smith & Gillespie. He announced no action would be taken by the City Commission. Presentations would be heard and the Commission would probably rank the firms. Action would be taken at a meeting in the near future. Mayor Howell introduced Mr. Al Hammack of Bessent, Hammack & Ruckman who introduced Mr. Bob Hill, Project Manager. Mr. Hill said they were very familiar with the type of project, including the funding. The firm has been in existence since 1969 and are a local firm. They have a range of clients from the largest to the smallest. They considered the Atlantic Beach project a medium size project. They have been the Consultant for the City of Starke since 1969 and worked with the JTA. He summarized what they proposed to do: Land use analysis and planning to give the city the opportunity to decide what they wanted to happen in the area, (choices and options) ; Roadway planning; Master drainage plan; Master sanitary sewer plan;Master water distribution and fire protection plan; and Implementation. They are presently working on a project in Clay Co. , Sawgrass Plantation and Marsh Landing. Charges could be on an hourly basis or negotiate a lump sum fee. Mr.Beckman said if the scope was well defined,a lot of times it would be in everyone's best interest to go lead and set a maximum fee. That would guarantee the city the project ..ould not go over a certain price and the firm would deliver a certain product. They also discussed unique problems dealing with marsh lands. Following their presentation, Mayor Howell thanked their representatives for coming. PAGE TWO V V MINUTES NAME OF SEPTEMBER 9,1985 COMMRS. MSYN The next firm was Gee & Jensen. Mayor Howell introduced Mr. Jim English, Vice President, who introduced his staff. Mr. English said they were no strangers to the Beaches area. They just recently completed the Wonder- wood Drive study for the City of Jacksonville, and hopefully will have completed the traffic analysis for the Mayport Road/Atlantic Blvd.inter- change. They recently completed the widening design for four-lane facili- ty on AIA through Ponte Vedra and Sawgrass, and Mr. Bill Stewart, their drainage engineer did the drainage for the Mayport Road Project for the Department of Transportation while he was a member of DOT in Tallahassee. Mr. English said Gee & Jensen were reliable, responsible, competitive, and really wanted to work for the City of Atlantic Beach. They presented an aerial photo of the existing area as the utilities do exist and offered their approach for utilties and streets. Based on financial findings, t`zey planned to set up phases for the development, probably everything east 3f Main St. might be phase I.etc. They would work with the city staff in establishing the phases. In addition to the engineering studies required, Gee & Jensen would also provide certain documentation as to the method and means of assessment and allocation of cost necessary for the City Commission and the public to make a decision as to the real benefit, worth and cost of a project such as Section H. They have several projects in the Southern part of Fla where drainage was critical (wetlands to be considered, and environmentally sensitive areas, & impact of levies had to be overcome) . Basis used for fee structure could be a cost plus; a ump sum negotiated fee, or drawn from a curve that is provided by The National Society of Professional Engineers. If the city desired, it could be based upon the percentage of construction costs. Commissioner Gulliford asked what they had done that encompassed all the facets of the Section H project. They did the entire project south of the beaches on AIA and several other projects. They have 30 people on staff locally. The Mayor thanked their representatives for coming. The last firm was Smith & Gillespie. Mayor Howell introduced Mr. Dave Brandt, Business Developer & Director for Smith & Gillespie Engineers. He introduced Mr. David Avery, Project Engineer and Mr. Bill Armentrout, Vice President. Mr. Brandt said Smith & Gillespie, last year, was ranked 370 in the top U.S. Design and Consulting Engineering firms in the nation. They have done work for Florida Municipalities for the past 45 years. They have served 22 of their clients for more than 10 years. (Sarasota, Plant City, City of Jacksonville Beach, and Fla. Jr. Colleges, both campuses) . They have a staff of 88 employees available who have extensive experience in all phases of urban area engineering. They served DeFuniak Springs out of the local office. Mr. Brandt said Mr. Bill Armentrout did the Beaches 201 facility plant which Atlantic Beach was part of. The most direct experience they had was the development of an overall master plan for Jacksonville Beach's Section A, an area almost identical with Section H. Slides were presented on the background of Smith & Gillespie and their proposal for Section H. Basis used for fee structure would be a cost plus a fixed fee basis, based on a negotiated fixed upper limit 1 cost and a fixed fee. That was the fee structure used in Jacksonville leach and the project came in under budget. Mayor Howell asked for an approximate length of time they estimated for the Master Planning. Mr. Armentrout said approximately ninety (90) days. As there were no other questions, the Mayor thanked their representatives for coming. PAGE THREE V V MINUTES NAME OF SEPTEMBER 9,1985 COMMRS. MSYN Following presentations by the three firms, the City Attorney said if the Commission was planning to finance the project by Special Assess- ment, that it would also be beneficial to the Commission to have some input from a financial person prior to awarding the contract, just from the standpoint of making sure they would be acceptable as far as underwriters, etc. as to the bond. The Engineers have to come up with the method of assessment and allocation of the costs of the benefit method. Commissioner Gulliford expressed the opinion the plan- ning was a necessary stage whether you implement it in a week or after it was completed or three years after completion. Mr. Fellows said people were coming in daily with building permits. During discussion on completing the project in phases, it was agreed that drainage would have to done for the overall project, but not necessarily water and sewer or streets. Following discussion, the Commission then ranked the three firms. Ranking was done by paper ballot, and the vote was by point system: No. 1-three (3) points, No. 2 - two (2) points, and No.3 - one (1) point. The ranking vote was as follows: Commissioner Cook: 1. Gee & Jensen 2. Bessent, Hammack & Ruckman 3. Smith & Gillespie Comm.Gulliford: 1. Bessent, Hammack & Ruckman 2. Smith & Gillespie 3. Gee & Jensen Comm. Morris: 1. Bessent, Hammack & Ruckman 2. Gee & Jensen 3. Smith & Gillespie Comm. Van Ness 1. Bessent, Hammack & Ruckman 2. Smith & Gillespie 3. Gee & Jensen Mayor Howell 1. Smith & Gillespie 2. Gee & Jensen 3. Bessent, Hammack & Ruckman Mayor Howell announced the total points: Bessent, Hammack & Ruckman 12 points Gee & Jensen 9 points Smith & Gillespie 9 points 'ote on the tie was as follows: Gee & Jensen 8 points Smith & Gillespie 7 points PAGE FOUR V V MINUTES NAME OF SEPTEMBER 9,1985 COMMRS. MSYN •S 4. Action by the City Commission to approve a utility service agreement for use in connection with the furnishing of water, sewer and sanita- tion service. Motion: Adopt the utility service agreement as to its form as Cook x presented. Gulliford x x Morris x x No discussion before the vote. Motion carried unanimously. Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * ;: * * * * * Howell x 5. Discussion regarding proposed contract with the U.S. Navy for the furnishing of water service to offbase housing, and authority for the Mayor and Clerk to execute the necessary contracts and utility service agreements providing same. Motion: Approve the contract with the U.S.Navy for the furnishing Cook x of water service to offbase housing, and the Mayor and Gulliford x x Clerk to sign on behalf of the city. Morris x Van Ness x x Following discussion, the motion carried unanimously. Howell x ;< * * * * ;: * * * * * * * * * * * * * * * * * * * * * * * 1. City Commission action to approve poll workers for the Municipal Election to be held on October 1, 1985. Motion: Approve the poll workers as presented. Cook x x Gulliford x Morris x Following discussion, the motion carried unanimously. Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x 7. Action on Ordinances - No. 10-85-16 - First Reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH FLORIDA; AMENDING CHAPTER 3, SECTION 3-10, TO REPEAL THE PROVISIONS PROHIBITING THE USE OF MUSICAL EQUIPMENT AT A PHYSICAL LOCATION OUT- SIDE OF ANY BUILDING COMPRISING A PART OF THE BUSINESS PREMISES OF ANY VENDOR OF ALCOHOLIC BEVERAGES; RENUMBERING SECTION 3-11 TO SECTION 3-10 AND RENUMBERING SECTION 3-12 TO 3-11;PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented in full, in writing by Mayor Howell on first reading. Motion: Passage of Ordinance NO. 10-85-16 on first reading. Cook x x Gulliford x Morris x x No discussion before the vote. Motion carried unanimously. Van Ness x The Public Hearing was set for September 23, 1985. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * PAGE FIVE V V MINUTES NAME OF SEPTEMBER 9, 1985 COMMRS. MSYN t Miscellaneous Business Mayor Howell presented proposed Resolution No. 85-21, a memorial to C. B. Lawrence, Jr. who passed away on September 8, 1985. Mr. Lawrence served as Commissioner of the City of Atlantic Beach from November 1, 1961 to June 29, 1964. Motion: Passage of Resolution No. 85-21. Cook x x Gulliford x x No discussion before the vote. Motion carried unanimously. Morris x Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * ;: * * * ;. Howell x Commissioner Cook expressed concern of his violating a law while riding a bicycle. He asked the Chief of Police if bicycles came under the same law as automobiles. The Chief responded in the affirmative. Commissioner Cook said he could not ride his bike down Beach Avenue and suggested the Commission remove the present one-way status on Beach Ave. Motion: Eliminate the one-way direction northly on Beach Avenue and Cook x return it to a standard two-way street. Gulliford x uring discussion, the Chief of Police stated pedestrians walk against the traffic and bicycles go with the flow of traffic. He advised there had been some concentration this summer on bicycle safety and they were attempting to organize a bicycling club in the beaches area that would be making recommendations on bicycle trails, lanes, etc. They felt it would be safer to ride the wrong way on Beach Avenue than the right way on Ocean Blvd. Commissioner Gulliford requested the City Attorney's legal opinion. Mr. Mullis said the Clerk had researched the history behind the one-way on Beach Avenue and it appeared in 1982 a Resolution was passed making Beach Avenue one-way. Subsequent to that time, an Ordi- nance was adopted that prescribed one-way streets throughout the city by Ordinance. Beach Avenue was not named in the Ordinance. FS Chapter 316 provides the traffic code of the State will be applicable in Municipal streets unless the Municipality makes exception thereto in certain areas. He suggested since the one-way was done by a motion, the Commission might consider Beach Avenue by another motion excepting bicycles. Substitute Motion: Consider Beach Avenue one-way for vehicular Cook x traffic, but exception be made thereto for bicycle traffic. Gulliford x x Morris x x Van Ness x No discussion before the vote. Motion carried unanimously. Howell x * *- * * * * * * * * * * * * * * * * * * * * * * * * * * * Commissioner Gulliford asked,re the resignation of Gene Hall from the olice Force, what the mechanics were to replace him on the Pension Loard. The City Clerk said the City Manager, by virtue of his position, was Secretary to the Board and would set the date for the election to be held by the Police and Fire Departments. This will be done as soon as possible. PAGE SIX V V MINUTES NAME OF SEPTEMBER 9,1985 COMMRS. MSYN The City Attorney advised during last week the Supreme Court of Florida handed down a case involving the City of Atlantic Beach wherein we were the appellant before the Supreme Court against George Bull, Sr. , petit- ioner, (case involving the right for taxpayers to bring suit by just mere- ly alleging his taxes would be increased and the actions of the City Officials were contrary to law.) The Supreme Court ruled in our favor. Mr. Mullis also said last week Circuit Judge Haddock handed down a decision in the case against the Jacksonville Electric Authority. Judge Haddock ruled in favor of the Jacksonville Electric Authority. Mr. Mullis did not agree with the decision and felt the city would prevail in Appellate Court. Judge Haddock did point out, with some merit,that both parties could re-negotiate the franchise and have not chosen to do so. Mr. Mullis agreed with that provision and said it probably could be corrected by re-negotiating the franchise. He asked for Commission guidance on whether to go to Appellate Court or attempt to re-negotiate the franchise. Mr. Mullis said he thought we would win on the authority to levy an occupational license tax as going from 0 to x number of dollars is not an increase in the occupational license tax. The Judge did not discuss the question of governmental entities taxing another governmental entity, which was one of the main questions. Commissioner Gulliford took exception to the point of re-negotiating *he franchise with JEA as he met with them on several occasions and EA said they would get back in touch with the city and offer some pos- sible alternatives for the loss of revenue. To date, he nor Mr. Fellows had been contacted. Following discussion, the following motion was movel: Motion: Move to instruct the City Attorney to appeal the JEA case Cook x x in the Appellate Court. Gulliford x x Morris x No discussion before the vote. Motion carried unanimously. Van Ness x * * * * ;; * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Mr. Mullis presented to the city a bound volume of all executed documents of the Buccaneer Utility purchase. Mr. Strayve had asked the City Attorney to prepare the bound volume at no cost to the city. The Mayor thanked him for the volume and instructed it be filed in the official records. Commissioner Morris asked about insurance coverage on the Lewis suit. The Mayor replied the city had no coverage at the time of the original suit. Mr. Mullis would be responding for the officials. The Mayor reminded the Commission of the meeting the following night, September 10, 1985 at 7: 15 p.m. for the Public Hearing on the budget. There being no other business to come before the Commission, the Mayor declared the meeting adjourned. f‘,; (1d( -ATTEST: William . Howell G��GC�t •1'664-leMayor/Presiding Officer Adelaide Tucker,City Clerk J} -""Al' CITY OF 4; : '. r'Ctixtic F - ?eon 46.4", i. ?IteOrtlittian NO. 21 WHEREAS, C. B. LAWRENCE, JR. , who served on the Atlantic Beach City Commission from November 1 , 1961 until June 29, 1964, passed away on September 8, 1985. Mr. Lawrence was a native of Florida and a life long resident of Duval County and, WHEREAS, during his time as both a resident and official of the City of Atlantic Beach, Florida, Mr. Lawrence always gave most generously of his time and energy for the benefit of the citizens of the City of Atlantic Beach, Florida, and the Mayor and Commissioners acknowledge that they have lost one of their more valued and respected citizens. WHEREFORE, in consideration of the foregoing, be it resolved by the City Commission of the City of Atlantic Beach, that we each hereby express our profound and sincere appreciation for the life and services of C.B.LAWRENCE,JR and we hereby express to his family our most sincere sympathies. BE IT FURTHER RESOLVED, that a true copy of this Resolution be made a part of the permanent records of the City of Atlantic Beach, Florida, and that the original, duly inscribed by the Mayor and Commissioners of the City of Atlantic Beach, yy y �n 1.Florida, beforwarded to his family. y 1 .h{. * * n * T A y * n �* K A n n * n A * * n * n * JL .4 ,- -, ... * Passed by the City Commission on September 9, 1985_ . i i j C � , Willi.m 'owell,Mayor/Presiding Officer .'., .-.., ' •-‘, ,0 ,i• APIP i val. , 'I.r4 Rob-rt B. Cook, Sr. , Commissioner ,` ,i r,L •1P ��„ - ` ik{)rC ' r F'),fy� • I J Al ,r,, +,Y Wi( iami'!'44i$ o • , .r. , . i. • >^, oner •f /, it 4 AltL.;i ._ f., 117 tlr _ - 7 Jbhn W. Morris, Sr. , Commissioner Catherine G. Van Ness, Commissioner /, H d _ 6-ec' „..• 3 . • „. . • . .• • .• • - • • _ r _ . _. t4 I I _lip - - ` - - -- I 1 - - , tr • I t r I — a , //, "7 ! 11111 i ! _____ 1110 { I i I i/ iteczq ivte4__ct_ .zzoz .r_. _l_ 6:2. 0...._.._______ I ----- -2--H-15;:; 4----- 2--. 4._ ei re ij I . , L 4 _ c__,X2:4L,,_ las.,c_i . ___ 1 I , 1 9 ------- ------ ---------- - ----------- - - i 11 4----0 I -- -------------------- --------------------- I 1 - ot • \/T I • • 1 . 13H Z . '5M \ T u 3 Cmc 2,Jet\)S-ei0 s 1-9 40 /Lows � C ti 2) �� r� s�G� ���so�e