Minutes / 08-09-99MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
!~ BEACH CITY COMMISSION HELD IN CITY HALL, 800
SEMINOLE ROAD, AT 7:15 PM ON MONDAY, AUGUST 9, 1999
PRESENT: Suzanne Shaughnessy, Mayor
Richard Beaver
Mike Borno
John Meserve
Theo Mitchelson, Commissioners
AND: Maureen King, City Clerk
Alan C. Jensen, City Attorney
David Thompson, City Manager
The meeting was called to order by Mayor Pro Tem Meserve at 7:20 p.m.
The Invocation was cff~red by Mayor Pro Tem Meserve followed, by the
Pledge of Allegiance to the Flag.
1. Approval of the minutes of the Regular Meeting held
July 26, 1999
The Mayor asked for corrections or amendments to the minutes, and there
were none. The minutes of the Regular Meeting held July 26, 1999 were
unanimously approved as presented. Commissioner Mitchelson pointed out
a scrivener's error on page -7,~ of minutes and requested that the voting
record be placed next to the motion.
Mayor Shaughnessy entered the meeting at this time.
2. Courtesy of the Floor to Visitors:
J.P. Marchioli of 414 Sherry Drive complimented the city for the striping
at the intersection of Sherry Drive and Atlantic Boulevard.
3. Unfinished Business From Previous Meeting
There was no unfinished business.
4. Consent Agenda:
Mayor Shaughnessy inquired if any Commissioner wished to remove an
Item from the Consent Agenda. No one wished to remove an item from the
agenda for discussion.
A. Acknowledge receipt of Monthly Reports from Code
Enforcement, Occupational Licenses and Recreation
Departments (City Manager)
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x en on rac i iap ex e a a rica ion or a ing
Troubleshooting and Repairs for a Period of One Year,
. Pursuant to the Specifications of Bid No. 9797-28 (City
Manager)
C. Extend Contract with Atlas Motors, Inc. for Electrical Pump
and Motor Repairs, Pursuant to the Specifications of Bid
9697-17 (City Manager)
D. Extend Contract With Calciquest, Inc. to Supply
Orthophosphate'forche Buccaneer Water Treatment Plant,
Pursuant to the Specifications of Bid No. 9798-39 (City
Manager)
I±,. Extend Contract With Gruhn May, Inc. for Point Repairs for
a Period of One Year, Pursuant to the Specifications of Bid No.
9697-29 (City Manager)
F. Award a Contract to Weather Engineers, Inc. for the Base Bid
to Replace Two Air Conditioner Heat Pumps at City Hall in the
Amount of $16,591.00 and for the Bid Alternate to Replace
Three Air Handler/Heaters at the Public Safety Building in the
Amount of $9,041.00, Pursuant to the Specifications of Bid No.
9899-30 (City Manager)
Motion: Approve Consent Agenda Items A - F as
recommended.
There was no discussion and the motion carried unanimously.
5. Committee Reports:
A. Report and Recommendation of the Recreation Advisory~Board
Regarding Proposed Bull Park Improvements; Possible
Commission Action (Mayor)
The report submitted by the Recreation Advisory Board was accepted by the
Commission. DeJean Melancon, Chairman of the Parks and Recreation
Advisory Board, recapped the key points of the recommendations of the
Board relative to adjustments to the bid specifications for the Bull Park
improvements. Mr. Melancon indicated that the Board focused on five
areas and the budget reductions were estimated to be $92,344.00, which
would have to be validated by the selected contractor. The
recommendations of the Board are attached and made part of this official
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record as Attachment A:
Motion: Revise the bid packet as recommended by the
Recreation Advisory Board and rebid the Bull Park
Improvements.
Commissioner Mitchelson believed a dollar figure could not be placed on
the items and felt that the bid packet should be modified first and the project
rebid to see if the recommendations were valid. He felt the dollar figure for
the project should be authorized after receipt of the bids.
Commissioner Beaver suggested that the city might be able to get assistance
from the City of Jacksonville for playground equipment and concurred with
the rebidding of the project. He felt staff should have more time to research
if other funds are available.
Commissioner Borno recommended that a copy of the current set of plans
be used to mark the changes recommended by the Recreation Advisory
Board.
Commissioner Meserve stated' that he previously voted against the project
as being outside the budgeted figure for the park, and suggested that it be
considered in the 2000 budget process to see if the entire project could be
completed, or part of it, as designed. He further stated that the Recreation
Advisory Board's recommendation to replace the wooden playground
equipment in the current bid package with a steel and aluminum structure,
was a concern considering the previous opposition to metal/plastic
playground equipment for the park.
Stephen Kuti of 1132 Linkside Drive concurred with Commissioner
Meserve and felt the Commission should delay the Bull Park project until
completion of the core city drainage project. Mr. Kuti felt that shade and
small children's playground equipment were needed in the park and
suggested that input from area parents be sought to see what they would
like in the park.
Mayor Shaughnessy felt the project should not be delayed because placing
it in the 2000 budget would place the project in its sixth year, which was too
long. She stated crushed oyster shell was being used for walkways in the
Intracoastal Waterway Park (Tresca Park) and suggested consideration of
its use in Bull Park as 'an alternative to concrete. Mayor Shaughnessy
further stated she would like a joint review of the revised plans with the
Commission and Recreation Advisory Board to establish definitive cost
savings ideas before putting it out for rebid. _
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Mayor Shaughnessy indicated she had received a video of a community
built wooden playground if anyone was interested in considering this
option for Bull Park. She further stated that the playground areas in
Deerwood and St. Augustine were the closest examples of community built
parks that she knew of.
There being no further discussion, the motion carried by a three to two vote
with Commissioners Borno and Meserve~casting dissenting votes.
6. Action on Resolutions:
There was no action on.Resolutions.
7. Action on Ordinances:
There was no action on Ordinances.
S. Miscellaneous Business
A. Don Wolfson to Report to the Commission Regarding his
Research on the Proposed Flyover at the Intersection of
Mayport Road and Atlantic Boulevard; Possible Commission
Action (Mayor)
Mayor Shaughnessy announced that Mr. Wolfson was returning from
vacation today and his report would be deferred until his arrival. (The
report was given after Item 8B.)
B. Authorize the City Manager to Negotiate a Contract for Design
of the Storm`vater Improvements (City Manager)
Motion: Authorize the City Manager to negotiate a contract for
design ofthe storrnwaterimprovements tiviththe R-A-M Group.
City Manager Thompson explained that during the July 13, 1999
Commission Meeting, the Commission decided not to continue further
negotiations with R-A-M, however, unless R-A-M provided a letter
releasing the city from further obligations under their existing contract, the
city could not negotiate with the next fum, Aikenhead and Odom, Inc. City
Manager Thompson further explained that the city had received the release
letter from R-A-M, and that the firm of Aikenhead and Odom, Inc. were
interested in working with the city to design the stormwater project. City
Manager Thompson indicated it was recommended that the Commission
authorize the City Manager to negotiate. a contract with Aikenhead and
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Odom, Inc. for design of the stormwater improvements.
Commissioner Mitchelson indicated that the letter was provided by R-A-M
as a courtesy and that firm'was still interested. He noted that the vote on '
July 13, 1999 was 2 - 2, and he personally had confidence in R-A-M to
complete the project. He expressed concern for the time delay in bringing
in a new firm.
Commissioner Meserve concurred with Commissioner Mitchelson and
stated that $1 million dollars had already been spent for design and he
believed the city should negotiate with R-A-M and move forward with the
project. He also felt it would be like turning back the clock to bring in
another firm.
Mayor Shaughnessy commented that the work from the previous engineers
could be used by another engineer and would not be wasted.
Mayor Shaughnessy then called for public comments.
J.P. Marchioli of 414 Sherry Drive, as a former member of the
Stormwater Review Committee (SRC), disagreed with the motion on the
floor and stated that the SRC had voted to terminate the services of R-A-M
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and he was 100% against the company. He felt the city should go with a
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company they could have confidence in, who would be placed under the
guidance of City Manager Thompson and Alan Potter.
Alan Potter of 374 Second Street stated he opposed the selection of
R-A-M from the beginning. He felt the company did not follow the RFP
and went off in its own direction, resulting in anover-priced project. He
believed that R-A-M was not working in the best interest of the city. He
further indicated that the company had never been involved in a project of
this magnitude, and the city had received nothing for the money spent. He
urged the Commission to go with Aikenhead and Odom, a compan_x with
a proven track record, and to spend the city's money wisely.
Stephen Kuti of 1132 Linkside Drive agreed with the previous speakers'
comments and hoped the Commission would reconsider and go with the
staff recommendation.
Dezmond Waters of 1835 Seminole noted the project was millions of
dollars over budget and would not perform as required. He also concurred
with the staff recommendation.
Sally Clemens of 1
638 Park Terrace West thought the city's dealings
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engineering information from the qualified citizens who served on the
SRC.
Don Phillips of 1566 Park Terrace West felt the recommendations of the
SRC were being ignored. He stated that he had been in engineering for
thirty-five years with the Army Corps of Engineers, and it was his
experience that careful attention should be paid when selecting and
negotiating with a firm. He further • stated that the SRC had not
recommended R-A-M, and, although R-A-M was good at sales, he felt
R-A-M had sold the city a worthless product. He felt the Army Corps of
Engineers would design the project and see it through to construction for
much less than R-A-M, and suggested the city contact Jim Moon of the
Army Corps of Engineers.
Sylvia Simmons of 211 Beach Avenue, stated she had spoken to several
people who were appalled that the city was considering starting over. She
felt that the Commission and R-A-M had a good workshop two months ago
where cost cutting ideas were generated to improve the plans. Mrs.
Simmons felt hiring another firm was not the direction the city should be
taking. She also stated that she had heard the city was gaining a negative
reputation with engineering firms and they were shying away from the city.
She felt the city needed to move on.
Commissioner Beaver indicated he had several concerns and did not want
to go backwards. He stated that he was sorry he missed the July 12, 1999
meeting for the vote. He further stated that he had spoken to with Frank
Gray of R-A-M, who expressed concern that R-A-M was aware of the
direction the city was taking and had taken on other commitments. He
related that Mr. Gray had written the release letter as a courtesy to the
city. Commissioner Beaver stated that he had left the workshop feeling
positive about R-A-M and inquired as to what had changed everyone's
minds since then. He then asked the City Manager and/or Public Works
Director if they had lost confidence in R-A-M.
City Manager Thompson stated that the staff report of four weeks ago
recommended that the city proceed with R-A-M and that was the motion
that failed to pass. He stated that personally he had lost confidence with
R-A-M and did not believe the company could get the city going in the
right direction at a correct price.
Commissioner Beaver stated. he had spoken to Mr. Aikenhead and asked
him if he could move forward with the project in a timely manner using
the current information and if he would speak to the Commission in a
straight forward manner as to what they could or could not do. He indicated
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Commissioner Beaver stated he was tired of addressing this issue since it
already should be under construction. He indicated that a lot of time and
money had been spent on ideas and he wanted the project to move forward
as quickly as possible.
felt that things happen for a reason. He felt that after the July 12th tie vote
and things were at a stalemate, staff stepped forward with new knowledge
and ideas, met with Mr. Potter and were now working to comply with the
consent order, with the anticipation to complete the work by the end of
December. He then requested that Public Works Director Kosoy confirm
his comments.
Public Works Director Kosoy stated that the consent order required that the
city initiate construction by the end of the year. He indicated the work
would be initiated, but not completed on the sanitary sewers by the end of
the year. Public Works Director Kosoy indicated that "trenchless
technology" would be used to avoid digging up the city streets.
Commissioner Borno stated there were sixteen well known areas prone
to flooding in the city which should be addressed by the project. He felt
the city had been put in a "box" by looking only at the core city. He felt that
it had been a learning process with the SRC and it was now realized that a
good portion of the problem was moving large amounts of water out of the
city, and this should be revisited. He stated he had lost confidence prior
to the July 12th meeting in R-A-M's ability to accomplish this task.
Commissioner Borno felt the real issue was to get the problem fixed, not
what R-A-M could do. He felt the city should move toward that goal.
Commissioner Meserve believed staff had been put in a tough situation by
the two -two tie vote on July 12th, since now the only recommendation that
staff could make was to select the next available design firm. He felt the
city owed R-A-M the opportunity to negotiate a contract with the city.
Commissioner Meserve recognized that the negotiations would be
impacted by the confidence issues previously mentioned, but felt they
should be brought to the table as part of the negotiations. Commissioner
Meserve believed the city should move on to the next firm only if a '~,
contract could not be negotiated with R-A-M. Commissioner Meserve
also expressed concern for the delays caused by staring over with another
firm.
Commissioner Mitchelson stated that his motion was made based on a
conversation he had with the City Manager relative to R-A-M, and asked
the CityManager to clarify his position relative to the company.
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innovation shown by R-A-M. He felt that several parts of their proposed -
. plan would not work as presented, and he felt the cost for the project was
extremely high. He also felt that R-A-M's responses to written questions
often lacked depth or research. City Manager Thompson felt they did have
staff with the expertise to do the work, but it would require considerable
monitoring for the most cost effective design. City Manager Thompson
realized that staff, the SRC and the Commission had given R-A-M
certain parameters to work within, some of which were very expensive, and
that the scope of their task covered a much broader area than that being
suggested by Commissioner Borno.
Commissioner Mitchelson believed it was a fairness issue for R-A-M and
they should be allowed -she opportunity to address the same issues rather
than change the rules with a restricted list for the new firm.
Mayor Shaughnessy stated that she did not view this as starting over. She
stated that she had lost confidence in R-A-M for several reasons which
included non-deliverance on the project approach; expensive, constructive
solutions rather than natural solutions; failure to report on time, lack of
innovation and anover-built, over budget $14 million project. The Mayor
expressed concern for escalating costs and stated that she had no
confidence the bids would be close to their estimates, not because of
R-A-M, but because overages have been experienced on several recent
projects.
Mayor Shaughnessy also remarked concerning the comment that
engineering firms were shying away from Atlantic Beach and stated that
the firm of Aikenhead and Odom was not backing away. She felt that the
data collection, modeling and estimates could be used by the next firm and
the scope of the project approach would be greatly reduced.
The Mayor reported that she had spoken with Frank Marshall and he had
indicated his willingness to work with Aikenhead and Odom relative to
modeling. '~
The Mayor then introduced Neil Aikenhead who stated he would be happy
to work with the City of Atlantic Beach if chosen to do so. Mr. Aikenhead
stated that he had worked with Mike Schmidt and Alan Potter in the past
and the City of Atlantic Beach was fortunate to have such a high level of
expertise among its citizens.
Commissioner Meserve believed confidence was important in dealing with
a project of this magnitude and stated that due to the lack of confidence
expressed, he now believed it would be a waste of time to negotiate a
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Meserve.
After further discussion, Commissioner Meserve withdrew his second and
Commissioner Mitchelson withdrew his motion respectively.
Motion: Authorize the City Manager to negotiate a contract
with Aikenhead and Odom, Inc. for the design of the capital
improvement stormtivater project.
Bob Grube of 1927 Beach Avenue suggested the city send information to
the Army Corps of Engineers and Aikenhead and Odom to see who comes
up with the best bid.
Steve Foreaker of 6th Street complimented the Commission for being
concerned with- doing the "right thing"and taking time in seeking the
"correct" design for the project. Mayor Shaughnessy thanked Mr. Foreaker
and stated she hoped they (the Commission) would be remembered for
taking their time and doing the right thing.
Don Phillips stated he had confidence in the firm of Aikenhead and Odom,
but felt the contract should be~negotiated in two stages and suggested that
the concept should be negotiated before the final design.
Amendment to the motion: Stage contact in t<vo parts, the first
for project approach and part hvo for project design.
There being no further discussion, the amendment to the motion and motion
carried unanimously.
Mayor Shaughnessy confirmed that City Attorney Jensen was not the
attorney representing Aikenhead and Odom, Inc.
SA. Don Wolfson to Report to the Commission Regarding his
Research on the Proposed Flyover at the Intersection of"~
Mayport Road and Atlantic Boulevard; Possible Commission
Action (Mayor)
Item 8A was taken out of sequence and heard at this time.
Mr. Wolfson apologized for being late and thanked the Commissioners for
giving him the opportunity.to share his thoughts and findings relative to the
flyover issue.
Mr. Wolfson indicated that he had spoken to Steve Arrington of the
Jacksonville Transportation Authority (JTA) and had requested staff
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reports from the past five or six years concerning the proposed
improvements for the Mayport RoadlAtlantic Boulevard intersection. Mr.
Wolfson stated he received copies.of two documents, one dated August 4,
1995, entitled "Pre-Study in Engineering for the Atlantic Boulevard
Interchange at Mayport Road" and one dated April 19, 1996, entitled
"Engineering Report of Conceptual Alignments for Atlantic Boulevard
Interchange at Mayport Road."
Mr. Wolfson inquired if city staff had seen the reports before, and they
indicated they had not seen them. Mr. Wolfson stated that in 1995, JTA
officials looked at seven proposals for the intersection, and reduced the
seven proposals, to three, and presented the three choices for consideration
at a public hearing. -Mr. Wolfson stated that the three choices were (1) a
placebo, (2) a modified flyover, which was not as tall as the flyover now
being presented, and (3) a design rated to fail since it was rated fourth
lowest out of five design choices.
Mr. Wolfson indicated that one of the original seven choices eliminated by
JTA staff was a quarter clover leaf design ,which had been proposed by the
FDOT to the Metropolitan: Planning Organization (MPO) for the
intersection. He pointed out that it was eliminated as being the most
expensive of the solutions aY $17.1 million. Mr. Wolfson believed the
clover leaf design (Alternate F) was the most compatible choice for the city
but was never presented as an option. Mr. Wolfson indicated that the cost
for the flyover was $16.5 million, for a difference of $600,00, which he
believed to be an incidental amount for the project of that magnitude.
Commissioner Beaver inquired concerning the cost of the flyover. Mr.
,Wolfson pointed out that Phase I of the flyover project would be $11
million and the difference of $4.5 million would cover the cost to remove
the existing bridge in the second phase. Discussion ensued concerning the
cost of both choices for the intersection and Commissioner Beaver
confirmed that the cost of the clover leaf included a replacement of the
overpass. --
Mr. Wolfson also commented on the remarks made by Public Affairs
Officer Lt. Merrell during the July 15, 1999 meeting, on behalf of Captain
Gaudio, and requested that he be contacted to confirm she had related his
position on the project. Mayor Shaughnessy indicated Captain Gaudio
would be contacted after receipt of the verbatim transcript of the meeting
from the court recorder.
After presenting the information, Mr. Wolfson criticized the JTA for the
selections, which left the flyover as the only viable solution. Mr. Wolfson
believed that the citizens of Atlantic Beach should have been able to choose
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from all of the options, but were only given one choice because that was
what the JTA wanted.
Mr. Wolfson related that on July 15, 1999, he had spoken with Mr.
Arrington concerning the JTA's plans for a mass transit site at the beach,
and learned they were considering the old Pic `N Save site as their primary
location for atwenty-four hour, fully-lit bus station with parking for 150 -
200 cars. Mr. Wolfson contended that this was not a good location since
the site is adjacent to a residential neighborhood, and that the JTA were
making plans for the site without consulting the city or the owner of the
property.
Mr. Wolfson felt the JTA only cared about doing what was in their own best
interest since they never gave the city a fair chance to consider all of the
alternates for improvements to the intersection. He believed the JTA
showed no respect to the city, and that the issue was not whether the
flyover was constructed or not, but that the solution be compatible to both
cities.
A recess was called at 9:50 p.m. and the meeting reconvened at 10:10 p.m.
Commissioner Borno thanked.~Mr. Wolfson for his report, and requested
that a verbatim transcript of his presentation be sent to John DeVault.
Commissioner Mitchelson related that in a previous meeting the JTA had
been asked if the overpass would be replaced and they indicated it would
not be replaced.
Mayor Shaughnessy requested that City Clerk King send a verbatim
transcript regarding discussion of replacement of the overpass to John
DeVault. She believed the comments were made during the joint meeting
with Neptune Beach.
Mayor Shaughnessy thanked Mr. Wolfson and stated the flyover would be
on the agenda of the Metropolitan Planning Organization (MPO) on
Thursday, and urged those citizens present to attend and voice their opinion.
Commissioner Meserve read a memo dated August 9, 1999 from Jack
Gabriel of the JTA which confirmed that the JTA had no future plans to
replace the overpass and the cost of the flyover option at $8.7 million. The
memo is attached and made part of this official record as Attachment B.
Commissioner Meserve supported Mr. Wolfson's opposition to the JTA
establishing a bus transfer station at the Pic `N Save location and felt the
city should closely monitor the situation. Commissioner Meserve
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expressed continued support for the flyover.
Mayor Shaughnessy opened the floor for public comments.
.1.P. Marchioli of 414 Sherry Drive expressed concern that the continuous
turn lane from Atlantic Boulevard north on Mayport Road would be
eliminated by construction of the flyover.
Stephen Kuti of 1132 Linkside Drive stated he was embarrassed to learn
who had supported the flyover and believed that the dissenting voters
should support the majority on the City Commission.
There were no more public comments.
A brief discussion concerning review of the city's Comprehensive Plan
ensued. City Manager Thompson indicated that funding for a consultant
to help with the review was included 1999/2000 budget. Mr. Wolfson,
who is Chairman of the Community Development Board, stated the whole
plan was being reviewed by the Board, and requested that the consultant be
hired as soon as possible.
C. Discussion and Related Action Regarding the Requirement
for Mandatory Sewer Hook-Up (Commissioner
Mitchelson/Mayor)
Mayor Shaughnessy updated the citizens concerning the mandatory sewer
hook-up requirement and stated the following information had been
requested: (1) an opinion has been requested from the Attorney General as
to whether or not state law applies to the city's situation -does the law
mean we have to hook up or does it mean something else, (2) requested a
Health Department assessment as to whether or not the septic tanks pose a
public health hazard, and (3) does home rule supersede stated law in this
situation.
Motion: Put on hold any further action concerning this issue
until such time as the information requested from the Attorney
General and Health Department is received.
Mayor Shaughnessy explained that those citizens who had received letters
concerning the mandatory sewer hook-up within 90 days would not be
required to do so until the information has been received. Enforcement
questions which have arisen since the Town Hall meeting will also be
addressed and if they have to be enforced, it will occur in a methodical way.
Mayor Shaughnessy indicated that if the AGO comes back that the citizens
must hook-up despite knowledge of the local ordinance, which the Mayor
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requested that the City Attorney send to the Attorney General as an
addendum to his letter, then there is a procedure for the city to request a
waiver from the state, which the Mayor felt would be the next step in the
process. Mayor Shaughnessy indicated that the Commission could not
honor anyone's promise if it violates state law.
Commissioner Borno concurred with the Mayor's comments and read the
oath of office taken by each Commissioner, and stated they worked
diligently to stay within the letter of the law. He stated they wanted
accuracy of information before making a decision.
Commissioner Beaver concurred and stated he also wanted the facts.
Commissioner Meserve stated that he was on a septic system and inquired
if this would be a conflict of interest. City Attorney Jensen indicated there
was no conflict of interest. Commissioner Meserve agreed with the manner
in which the issue was now being handled and suggested the City Manager
follow what Duval County is doing in the manner in which the problem is
handled and enforced. He felt the city should be as flexible as possible
with payment schedules for the citizens.
Commissioner Mitchelson stated the Commission had no desire to inflict
pain on its citizens. He felt the present Commission should honor the
promise of the previous Commission if it does not violate the law.
Mayor Shaughnessy then opened the floor for public comments.
Bob Grube of 1927 Beach Avenue confirmed that the 90 days notice to
begin charging for sewer service had been put on hold, and stated he
favored rescinding the ordinance.
Rich Grady of 1820 Ocean Grove Drive thanked the Commission for
clearing up some of the issues brought forth at the Town Hall Meeting and
he felt the Commission was now working in the best interest of the citizens.
He also requested that the city consider entering into the process to waive
the requirements of the state statute, if the Attorney General does not rule
in favor of the city.
Dezmond Waters of 1835 Seminole Road expressed appreciation for the
way this matter was now being handled, but felt ~"home rule" should have
prevailed before any contact with the state.
Shirley Taylor of 480 West 9th Street inquired if those people who had
not been previously notified concerning the hook-up would be notified.
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August 9, 1999
City Manager Thompson indicated that everyone who is on septic and has
sewer available would be notified, however, additional letters would not be
sent until the information being requested is obtained. .
Mayor Shaughnessy requested that Section 22-90 of the city code be sent
to the Attorney General, if the rest of the Commission concurred. City
Manager Thompson stated that he had discussed sending a copy of the
ordinance with the City Attorney, and it•was determined that because the
city code could be changed, it was not necessary to include it in the
information sent to the Attorney General.
There being no further discussion, the motion carried unanimously.
Items 8F and 8G were taken out of sequence and acted on at this time.
F. Action on a Request of Ragtime Tavern for Permission to
Use a Portion of the Sidewalk at 207 Atlantic Boulevard for
Cafe Style Seating (City Manager)
G. Action on a Request for aUse-by-Exception Filed by Ragtime
Tavern to Waive the Parking Requirements for 32 Additional
Restaurant Scats (City Manager)
Mayor Shaughnessy explained that at the request of Ragtime, she would
like to defer these items to the next Commission Meeting. It was the
consensus of the Commission to defer action on Items 8F and 8G to the
August 23, 1999 Commission Meeting.
Mayor Shaughnessy explained that since these items had been advertised,
a public hearing would be conducted. Mayor Shaughnessy then opened the
floor for a public hearing.
Dezmond Waters of 1835 Seminole Road stated as President of Town
Center, his organization opposed covering up the signature bricks with
tables. He felt the city should protect the signature walkway.
Don Wolfson, Chairman of the Community Development Board, stated
that the Board wanted to review ordinances from other cities regulating
businesses with cafe style seating and would like to address this matter on
a city-wide basis.
Since no one else wished to speak, the Mayor declared the public hearing
closed.
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August 9, 1999
D. Declare Fire Trucks as Surplus Property and Authorize Staff
to Negotiate a Contract with Hali-Mark for.the Sale of Such
Surplus Property (City Manager)
Mayor Shaughnessy inquired if the city wished to sell both trucks.
City Manager Thompson responded that•the recommendation was to sell
both trucks. He explained that the older truck had limited value and the
longer the newer truck sits, the more it would deteriorate.
Motion: Accept the staff recommendation and declare the fire
trucks surplus p~ operty and authorize staff to negotiate a
contract with Hall-Mark for the sale of the surplus property.
Dezmond Waters suggested and Don Wolfson concurred that the tanker
truck be retained to water trees throughout the city.
Discussion ensued concerning keeping one of the trucks. Commissioner
Mitchelson felt the city should keep the trucks in storage for an eight to ten
months period of time incase the arrangement with the City of Jacksonville
for fire service did not work out. He felt the trucks would not deteriorate
that much if properly stored for a short period of time.
Commissioner Borno recalled that Chief Alfred had promised the city a
truck if the arrangement failed, and although it was not a written
agreement, it was on tape. He felt the city should sell the trucks now in
order to obtain the best price.
Mayor Shaughnessy indicated she would like to wait until the contract with
the City of Jacksonville is one year old before selling the trucks.
Commissioner Beaver inquired if the best truck had to be brought back into
service if it would provide the proper level of service as the sole truck: City
Manager Thompson felt it would be usable, but maintenance intensive.
Commissioner Beaver then inquired as to the value of the truck and City
Manager Thompson indicated that the value was between $70,000 -
$80,000. Commissioner Beaver felt it would not be wise to store the trucks
because without use, he believed the pumps would deteriorate.
Discussion ensued concerning the practicality of keeping the older truck to
water trees. City Manager Thompson stated he would have to contact
Ryder in order to determine maintenance costs to maintain the truck for that
purpose. City Manager Thompson pointed out that any offer received on
the trucks would be brought back to the Commission for approval.
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Minutes Page -16-
August 9, 1999
Amendment to the motion: Offer the trucks for sale and bring
the offer back to the Commission for approval. (The
Commission wished to approve any offer received on the trucks
before the sale of the trucks occurred).
There being no further discussion, the amendment to the motion and the
motion carved unanimously.
E. Selection of Netiv City Manager (City Commission)
Mayor Shaughnessy indicated that she would like to narrow the list of
candidates to two and have a committee perform an investigative
background search in tht~ city of the top applicant.
Using ballots provided by the City Clerk each Commissioner checked off
their top three choices. Upon completion of the voting, City Clerk King
tabulated the ballots and announced that Douglas Miller and Timothy
Zisoff were tied for first place. After some discussion, a second round of
voting occurred using the same ballots to determine the first choice. City
Clerk King tabulated the ballots again, and announced that Timothy Zisoff
was the top choice of the Commission. The ballots and tabulation sheet
are attached and made part of this official record as Attachment C.
After some discussion, Mayor Shaughnessy appointed City Manager
Thompson, former Mayor Lyman Fletcher and Commissioner Beaver as
members of the investigative committee to go to Indianola, Iowa to perform
a background check of the top candidate.
F. Action on a Request of Ragtime Tavern for Permission to
Use a Portion of the Sidewalk at 207 Atlantic Boulevard for
Cafe Style Seating (City Manager)
Item F was takeri out of sequence and acted on concurrently with Item G
after Item C on the agenda. T'
G. Action on a Request for aUse-by-Exception Filed by Ragtime
Tavern to Waive the Parking Requirements for 32 Additional
Restaurant Seats (City Manager)
Item G was taken out of sequence and acted on concurrently with Item F
after Item C on the agenda.
H. .Discussion and Possible Action Regarding the Homelessness in
Atlantic Beach (Commissioner Meserve)
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Minutes Page -17-
August 9, 1999
Commissioner Meserve stated that this issue came up because he had
attended several meetings concerning the homelessness situation at the
beaches. He then distributed copies of an ordinance recently passed by the
City of Jacksonville Beach and stated that if the ordinance worked for them
and the problem moved up the beach, the City of Atlantic Beach would be
forced to react and he would rather not operate in that manner.
Motion: Authorize the City Manager to have discussions tivith
the other Beach City Managers and the appropriate official
from the City of Jacksonville to formulate some
recommendations to the various Commissions as to what actions
they would recommend, and authorize the Mayor to send letters
to the t<vo Beach Mayors requesting they allow their City
Managers to participate in those discussions.
Commissioner Meserve believed it was best to look at the issue in a
methodical, deliberate manner to see if any action would be required by the
City of Atlantic Beach. Commissioner Meserve indicted that the ordinance
was distributed for informational purposes. He felt it was important to
pursue a dialogue between the City Managers to attack the problem
systematically and see if the cities could come to common cause with the
issue.
Mayor Shaughnessy inquired if a legal review was implicit in the motion
and Commissioner Meserve responded in the affirmative. He believed a
legal opinion would be helpful on anything pursued by the Commission
relative to this matter.
9. City Manager Reports and/or Correspondence:
The City Manager Report was acknowledged and received as presented.
X0. Reports and/or Requests From City Commissioners and City
Attorney
Mayor Shaughnessy
Indicated the City of Atlantic Beach was mentioned on page 29 of
Florida Trend magazine for its involvement with the Preservation
2000 Project and the Centex property. -
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Minutes Page -18-
August 9, 1999
There being no further comments or business to come before the
Commission, the Mayor declared the meeting adjourned at 11:40 p.m.
Suzanne Shaughnessy
Mayor/Presiding Officer
ATTEST:
Maureen King -
Certified Municipal Clerk
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AGENDtS: ITEM:
DATE:
SUBMITTED BY:
CITY OF ATLANTIC BEACH
CITY COMMISSION • .
STAFF REPORT
ATTACHMENT A
AUGUST 9, 1999 COMMISSION MEETING
Parks and Recreation Advisory Board Report
August 4, 1999
David E.•Thompson, City Manager
BACKGROUND: Please seethe attached report from the Parks and Recreation
Advisory Board Chairman DeJean Melancon. The report contains
- - - recommendations for reducing the costs of the Bull Park project to
an amount anticipated at $250,000 or less.
The Board Recommendation is to approve a budgeted amount of
$250,000 and to authorize staff to proceed with project.
The City Commission has already approved $234,000 toward this
:project, and staff does not see the~need to further increase this
! budget until the recommendations are researched and a more
! accurate budgetary figure can be identified.
After reviewing the report, staff needs to follow up and determine
the feasibility of some of the recommendations. When staff has
completed its research, it will provide the information to the City
Commission for review.
RECOMMENDATION: Authorize staff to proceed with their research~and review of the
• recommendations from the board, and report back to the City
- Commission.
ATTACHMENT: ~ August 3, 1999 Memorandum from DeJean Melancon to the
Mayor and City Commission
Draft Minutes of the July 28, 1999 Parks and Recreation Advisory
Board Meeting
REVIEWED BY CITY MANAGER:
n w ~
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August 3, 1999
TO: Mayor Shaughnessy and City Commission
FR: DeJean Melancon, Chairman Parks and Recreation Advisory Board
RE: Bull Park Recommendations
The Board held a regular meeting on July 28,1999 and voted to recommend the following
budget adjustments to Bull Park. The bid adjustments are taken from the bid submitted by
ABBA Construction.
1. Curbing and sidewalk-delete perimeter concrete curbing and sidewalk from the bid
package. Sidewalks should constructed where new parking areas will require
sidewalks to be replaced. (Bid items #2b, 7b-c, 8a-d are budgeted at $62,667. The
board believes 50-60% can be saved). Anticipated savings $32,667.
2. Playground Structure-delete Timberform (wood) Structure from the bid package.
Under a separate bid replace with a Steel and Aluminum Structure similar to recent
installations at Russell Park and Atlantic Beach Elementary. Set budget at $50,000.
(Bid items #2d, 3a-d, 7a are budgeted at $92,767). Anticipated savings $42,767.
Before purchasing a system discuss with Karen Scheffer, City of Jacksonville,
Department of Parks about possible joint funding of the playscape.
3. Heat Pump Conversion-recommend deletion, bid #21-$6,319.
4. Plants-recommend separate bid, anticipate a 10%savings-$5,200.
5. Mobilization Cost-reduce to $30,000 because of deleted items. Anticipated savings
$5,391.
Summary: Total reductions are initially estimated at $92,344. These estimates are the
opinion of the Board and must be verified with the selected contractor. These changes
preserve the original design principles. In summary the Board believes the Bull Park
project can be constructed for $250,000 with the above modifications and other
miscellaneous reductions.
Recommendation: The Board recommends the Commission approves abudgeted
amount of $250,000 and authorize Staff to move forward with the project.
~~,~
y~+~-e-~fcu-
;i:.9/
.A re~tlar• sneeting of the P'eation-tad-very-$eard.l~-Wednesday; Jz~1~~8, ~ Q99, -
Cci-Cl~iaispe~.Pha~ Cozp-ca$ed~ .~#:~g to--erd~-~-~ ~5-~r gyn. Present-: ~'~tsr
-i~, P~.Corp, Barba~~a:~#apse~-~S#evea Jez~ins; Tim-3'el.~sor~, DeJeau-~ckt~on,-
and Susan Goru~u. ~ -
APPROVAL OF ~dD~TtJ~S ~ ~ - .
Peter ~Iso~a-motioned to=ap~~-mutes-#'r~~he:k~sE-.meeting held-.r~dume
23, 1599. Barbara Hopson seconded and the motion carried.
UP13A'I'.~6N~ROPOSEITO~II~TANCE TO P~Z.OTECTI'.9Rl~.AND
Sean-asked::the Board i~-d.~s-tlie .Pre~osed~rde ~to-~otect parkla~. ~Ie
this issuQ-ut-~o.igno~-.Barbara~opson spoke with
sevexzl.a~ froze area-b~eash- - .~-~~eivas-:mformeci tha~an
~u~polisy~for parklan~~~~ie~~loes rze~-e~~; }t-thc-exceptiozr~uie
Beael~-
Stouena`eak~s suggested-.. -sansei-the.P~rkl~l:preservation Qrdi~ce
adoptai~3~ie City of Ja~sas~ll~ ~asksonvil~-~~~s~e-,is clear and-easy-#a
enforcer Steven distributed-tFie mated-ten #his-~ ~ ~eJean asked tl~i to
study tbe-i~ounazion before ~ev~laPi~-an or~~~?-~r~ At~ntic Beach. 3aeksonv~lle's
COMP plan was mentioned as a guideline as yell.
$ULIa PrAT~KBUDGET 1Gf+5A N ~ ~ ~~~
The Bc~d~as asl~ed to e~ ~;~~e~-ees~~r the $ull Parlr~,j~ct,
.. ned that ' n-would ~ ~~la~;s remaizz-simi~ to -
the a~.g~al-i~a, w,itla sutt3`-and3zsaSe as a-3~y-e~id~era~n. DeJeaa~ket~the
Board #o prioritize items for cost effectiveness.
T.Ge So~d~c~usseci key ~as~at-appQar~egc~ble: -~e-ve~~testione~d~e-rosrt
of#he.coasrete, or rather #he-4t"~red ia-fhe }e~-~sf-bael: -1,'e#er agrees;
It~crtr~ttg could savctla~- Steven a.lstrgtzouec}thcreplacem
s~ewalks. Tl1e Board ag~roeci~tF2at ,perTraps Bull Par]c could do with fewer sidew
~•
erred the C~~A},$rpnnc~cn„. pclean suggested~~the
$bartXth~t.d~natedplayseta-~e~tl-ia-C~ofJasksenville~~--aa-option. Tl~~gard
agreed.tluu~tlier sctuzces -pl"ay.sct ePment~uld~~nsidez~d. C`.oe~et~itiv~
graces 5e reviewew~h-tfic-poss~i~y~,ef~playgroun~-egt~ip~nt.
D ~~-
:.•,: : •* x/03/1999 08:25
9042475843
C A B PUBLIC WORKS
The Board discussed ideas on how #o decrease the cost of Iarx3scaping. Peter
suggested•tl~some zte imps to-design. The cost ..
Inver-wing and g-vage~en ism-i~e#~~ctor; but the
Bearagreed-~hst a ~b~-feet-J~~it~g-~§-a•~s~i plant list wcould
krwer tl"te-east-cot3siderabl~:-~-wQre as~~•abe~•~e cost for the sand
surface. Tfie Recreation Duectox exp)-auaed that sand-surface is one ofthe
required playgrou~Ad. surfaces.
Several-B-members iced-fie seed fe~an-a~#o-~p~ for $uI1:Park.
The-~cereali~ Director E~lt~-~i.s item`was-wed to elimin~e.~ter
ptx~ka: T~•Bosrd agreed-tkat:.a~a~ ee,nve:~slh$-p- an esseutia3ycem
for the SuffFark project.
~er~a~e~i~ng signifiECa~-c~ige~-f~tbe lFa~p~}ect, the Boarc~dm~ned
thattheir mess would brag--thep~ee.bu~-to-~~44U.40. SeTe2~n-~S~ed
for a motion.
Steven Jenks motioned tFiat BuIIFar~sfioc~I3-go out foie new bids witli'an smen~ied
package tklat would:
t. Delete curbing and periine~#er side~w~lk Na. ~-
2.3Vlodifzeation ofplaysei specification. _~
3. R~lust~ofp~ts fa<~la~sapmg-I>}•IO%.
4.~V~tk-#he-foregoizig z-t~sebil~ion Sato-tbe a~icipated r~nctio~ in
d-cmolrtion and• mob~tzati~n.
S. Delete heat pump conversion.
Barbara seconded and tl~e motion cawed.
DeJeazt urged the Board to-~e~ada~ace a~io~~fo£ the Commission•m~ing on
August 9, I~.
UPDATE
Tl~e Parks end Recreation Iirector d^rs~"6uted copies of~ie minutes from tFe I3ut#on
Island meeting. ~ '
ChairpersortDeJean Melanco~~ie$ed• to adjourn ##e.me4#ing at 8:30 p.m. Steven
seconded and tho motion
rc~s~
~~
- --~-~-~~~~-t= Au¢-09-99 05:25pm From-JACKSONVILLE TRANSPORTATION AUTHORIT'
Memo
ATTACHMENT B
AUGUST 9, 1999 COMMISSION MEETING
To: John ilQeseroe -Commissioner City of Atlantic B~adz V!A FAX ?4fi 9447
From Jack J. Gabriel P.L. -Jacksonville Transportation Authority ~~
Bate: August 9,1999 .
Re: AtlanticBlvd.~ iVlayport Road Intezchange rsr~proverrtents '
In response m ~•our inquiry today wit$ regards to the jTA plans for the referencxd interchange
please not~ tf:e following:
1. Xn the JTA's pr--study phase for this interchange that •u,~s completed in Aug.1995 the )TA
evaluated eight oprians to improve the traffic situation at this interchange. These options
included the earlier solutions that the FDOT had proposed in their Atlantic BIvd. Corridor
study issued in 1990.1he JTA's zccommendation of the final three options was presented in
an engineezing report issued in Apri1199G with a fzaal selection of the Flyover configuration
after a Public I~eazing took place on Jan.301996. The estimated cost of the Flyover option is
$8.7 million. This includes the cost for the Flyover structure at approrimatcly $4.0 million and
associated roadway aad drainage mst of X4.7 m~lion
2. It was clearly stated in the 1996 repot that the JTA intends to p:nceed with final plans far a
Flyover solution and keep the existingAtianticBlud. overpass for two reasons:
• First; It was in the FDOT's assessment of tine overpass structure that it is structurally
sound and had a zesidual life span of 20-25 years.
• The JTA did not have the funds allocated for the future overpass replacement. Therefore
the JTA only appropriated funds for the Flyover. The ~FDC?T may in the future (in the
ne:,-c 20 pears maybe) dcdde ~ replace the overpass. But it is definitely i~TOT in the JTA's
future plans.
3. The JTA considered the partlai cloverleaf option in the original eie,~:tt configurations. Tt
was eliminated because ofthe ea-tensive right ofway impacts associated.
Cc: ?14iles N. Francis Jr.
Steve Arrington
• ATTACHMENT C
~, AUGUST 9, 1999 COMMISSION MEETING _
SEEECTI4N GF CI7CY MANAGER
Tabulation of Votes
First vote -Commissioners were asked to check their top three choices
James R Hanson
Douglas R. Miller
Charles C. Saddler, III
Sanford A. Youlfllis
Timothy Zisoff
'~
~ TIED Fd~ 1ST
Beaver Borno Meserve Mitchelson Shaughnessy Total
/ / / 3
/ / / ~ ~ -~-
2
/ / / v ~ ~
7NomO5or1 1
Second vote - Commmissioners were asked to indicate their first and second choices
James R Hanson
o~~ Douglas R. Miller
Charles C. Saddler, III
Sanford A. Youldlis
j S~" Timothy 7asoff
Beaver Borno Meserve Mitchelson Shaughnessy Total
~. ~ ~ ~ -~
I ~ z~~~ r
Signed
Au ust 9, 1999
r•
SUGGESTIED BALLOT F®R
SELECTION OF CITY MANr~.GER
Please rank the candidates by scaring them from S - Y svitli S points for your first choice, 4 points
,for yoursecond cltoice, 3 points foryour third choice, etG (Tlie candidate 3vith the most points
will be overall first choice)
- James R. ~'anson
Douglas R. Miller
Charles C. Saddler, III
Sanford A. Youkilis
Timothy Zisoff
Signed
~ f~ 1
~~ August 99; 1999
. SUGGESTED (BALLOT FOR
SELECTION OF CITY MANAGER
Please rank the candidates by scoring them from S - X ~vith S points for your fast choice, 4 points
for your second choice, 3 points for your third choice, etc (The candidate 3vith tke most points .
tivill be overall first choice)
.. James R. Hanson
Douglas R. Miller
Charles C. Saddler, III
San kilis
Timothy Zisoff
Signed
j Aueust 99,.1999
•... ~ .
SUGGESTED BALLOT FOR
SELECTION OF CITY MANAGER
Please rank the candidates by scoring them from S - I ~vitlr S points for your fast choice, 4 points
for your second choice, 3 points for your third choice, etc (The candidate lvith tke most points
tivill be overttll f rst choice}
.- ~;: James R. Hanson '
- .....f
~-~ Douglas R. Miller +,
Charles C. Saddler, II[
Sanford A. Youkilis
,`Timothy Zisoff
:~:
Signed ;
ti ~ ~~
~ ~~
I
August 99,1999
:. y .. .._... ..
S~JGGESTED BA~.LLOT FOR
SELECTYON OF CITY MANAGER
Please rank the candidates by scoring them from S - X with S points for yotcr first choice, A points
foryour second choice, 3 points for your third choice, etc. (The candidate jvitlz the most points
~vitl be overall frst choice)
.. James R. ~[anson
t
Douglas R. Miller
Charles C. Saddler, III
Sanford A. Youkilis
..---
Timothy Zisoff
Signed,
August 9,, 1999
.. r.
SUGGESTED BALLOT FOR
SELECTION OF CITY MANAGER
Please rank the candidates by scoring diem from 5 - X with S points for yoccr first choice, 4 points
foryour second choice, 3 points for your third choice, etG (The candidate 3vitls the most points
will be overall first choice)
.- James R. ganson
Douglas R. Miller
Charles C. Saddler, III
Sanford A. Youkilis
Timothy Zisoff
~LtiIJZOL 1 a~d~Yl_.
Signed
Aueust 9. 1999