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12-14-98 vCITY OF ATLANTIC BEACH COMMISSION MEETING- December 14, 1998 AGENDA Call to order Invocation and pledge to the flag 1.Approval of the minutes of the Regular Commission Meeting of November 23, and Special Called Meeting of December 4, 1998. 2.Courtesy of Floor to Visitors: A. Paul Rowe, Players by the Sea 3.Unfinished Business from Previous Meeting 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. Acknowledge receipt of report of new occupational licenses for November, and monthly reports from Building, Code Enforcement, and Recreation Departments (City Manager) B. Award contract in the amount of$3,062.40 to AmeriSeal of Northeast Florida, Inc. to stripe Seminole Road from Plaza to Hanna Park pursuant to the specifications of Option 1 of Bid No. 9899-5 (City Manager) C. Award contract in the amount of$11,950.00 to Hanna Construction Company for modifications to the Chlorine Handling Room at Buccaneer Water Plant #4, and authorize the City Manager to sign the contract document (Bid #9899-3) (City Manager) 5.Committee Reports: 6.Action on Resolutions: A. Resolution No. 98-40 A RESOLUTION AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999,TO APPROPRIATE FUNDS IN THE POLICE TRUST FUND FOR THE PURCHASE OF 800 MHZ RADIOS (City Manager) 7.Action on Ordinances: A. Ordinance No. 75-98-13: Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,FLORIDA,ADDING A NEW ARTICLE IV TO CHAPTER 21,TRAFFIC AND MOTOR VEHICLES,REGULATING THE S MOTOR VEHICLE 1'ITLE LOAN INDUSTRY,AND PROVIDING AN EFFECTIVE DATE Commissioner Mitchelson) AMENDED AGENDA Page Two AGENDA December 14, 1998 8.Miscellaneous Business: A. Determination regarding whether to reactivate the Teen Council (City Commission) B. Board Appointments (City Commission) i) Pension Board of Trustees (2) ii) Community Development Board (1) C. Approve contract with The R-A-M Professional Group, Inc. in the amount of 126,907.05, plus $2,750.00 per public presentation, (Option 2 in Staff Report) for the evaluation phase of the design modification of the core city stormwater drainage improvements and flood control structures for tailwater control, and authorize the City Manager to sign the contract document (City Manager) D. Approve contract with The R-A-M Professional Group, Inc. in the amount of$20,000 for engineering design work for Wonderwood Drive Utility Relocation, and authorize the City Manager to sign the contract document (City Manager) E. Consider upgrading the exterior siding and windows for the lifeguard building at an estimated cost of approximately $11,500.00 (City Manager) F. Approve contract in the amount of $201,600.00 with Gannett Fleming for construction engineering and resident observation for the Buccaneer Wastewater Treatment Plant Expansion project, and authorize the City Manager to sign the contract document (City Manager) G. Authorize staff to negotiate a contract with Smith & Gillespie Engineers, Inc. for engineering design for water line installation and replacement at various locations, and if unable to negotiate a satisfactory contract, authorize staff to negotiate with the next most qualified firm(City Manager) H. Authorize staff to negotiate a contract with Smith & Gillespie Engineers, Inc. for engineering design for stormwater improvements and replacement at various locations, and if unable to negotiate a satisfactory contract, authorize staff to negotiate with the next most qualified firm (City Manager) I.Approve replat of Francis Cove and authorize the Mayor and City Clerk to sign the plat (City Manager) J. Authorize the City Manager to sign modification to Department of Environmental Protection Consent Order No. 95-2971 (City Manager) 9. City Manager Reports: 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,December 11, 1998. Agenda was amended to add Item 8J V v 0 O T T 0 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 MONDAY, DECEMBER 14, 1998 PRESENT: Suzanne Shaughnessy, Mayor Richard Beaver Mike Borno John Meserve Theo Mitchelson, Commissioners M S AND: James Jarboe, City Manager 0 E Maureen King, City Clerk T C Alan C. Jensen, City Attorney O N E 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 Mayor Shaughnessy, followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Meeting held November 23, 1998. BEAVER X Motion: Approve minutes of the Regular Meeting held BORNO X X November 23, 1998 as presented. MESERVE X X MITCHELSON X The minutes were unanimously approved as presented. sxAUGHNEssY X Approval of the minutes of the Special Called Meeting of December 4, 1998. BEAVER X Motion: Approve minutes of the Special Called Meeting held BORNO X X MESERVE X December 4, 1998 as presented.MITCHELSON X X SHAUGHNESSY X The minutes were unanimously approved as presented. 2. Courtesy of the Floor to Visitors: A. Paul Rowe, Players by the Sea David Boyer, representing Paul Rowe of Players by the Sea, read a letter from Mr. Rowe requesting Commission consideration of donating or leasing a parcel of land to Players by the Sea to construct a cultural arts center. The letter is attached and made part of this official record as Attachment A. M S O E T C I O Y III Minutes Page -2- December 14, 1998 O N E N COMMISSIONERS N D S 0 Commissioner Beaver inquired if Players by the Sea had spoken with ABET concerning the request and Mr. Boyer responded that they had not. He also inquired as to how often they would use the proposed building and Mr. Boyer stated they would use it every night for rehearsals,but it would be available to the general public during daytime hours. Commissioner Meserve inquired if they had a particular property in mind, and referenced the city's ordinance prohibiting charitable contributions. City Attorney Jensen stated the ordinance prohibited contributing city funds to charitable organizations. Mr. Boyer stated they were interested in a quiet and secure environment. City Manager Jarboe stated that the Donner property, the old trailer park property on Mayport Road and three acres located at First Street and Atlantic Boulevard (previously discussed as the possible location for a soccer field)were available. Mayor Shaughnessy read a letter from Peter Coalson,Chairman of the Parks and Recreation Advisory Board,concerning use of the Tresca property as a soccer field and requested that any action concerning this item be deferred until the Parks and Recreation Advisory Board made its recommendation. City Manager Jarboe was asked to investigate the feasibility of the request and report back at the January 11, 1999 Commission Meeting. B. Billy Witt of Beach Buggies and 4 x 4's -20 Donner Road Mr. Witt reported that the lifeguard vehicle his company constructed was completed and available for inspection in the parking lot in front of City Hall. Alan Potter of 374 Second Street commented on public apathy and noted that attendance at Commission meetings had not increased proportionately to the increase in population growth experienced by the city during the past ten years. 3. Unfinished Business From the Previous Meeting: There was no unfinished business. 0 4. Consent Agenda: M S O E T C I O Y O Minutes Page -3- December 14, 1998 N NE N III g COMMISSIONERS N D S 0 Commissioner Meserve requested that Item B be removed from the Consent Agenda for further discussion and Mayor Shaughnessy requested that Item C be removed for further discussion. A. Acknowledge Receipt of Report of New Occupational Licenses for November, and Monthly Reports from Building, Code Enforcement and Recreation Departments (City Manager) Mayor Shaughnessy received and acknowledged the monthly reports under Item A and requested that they be filed. B. Award Contract in the Amount of$3,062.40 to AmeriSeal of Northeast Florida, Inc. To Stripe Seminole Road from Plaza to Hanna Park Pursuant to the Specifications of Option 1 of Bid No. 9899-5 (City Manager) Don Phillips inquired regarding striping Seminole Road from Plaza to Atlantic Boulevard and requested that it be included in the contract. City Manager Jarboe explained that it was not included in the contract because Seminole Road would be repaved in the near future and striped at that time. Motion: Award Contract in the amount of$3,062.40 to BEAVER X AmeriSeal of Northeast Florida, Inc. to stripe Seminole Road BORNO X X MESERVE X X from Plaza to Hanna Park pursuant to the specifications of MITCHELSON X Option 1 of Bid No. 9899-5. SHAUGHNESSY X It was briefly discussed that thermoplastic was not used because the product listed in Option 1 was more cost effective. There was no further discussion and the motion carried unanimously. C. Award Contract in the Amount of$11,950.00 to Hanna Construction Company for Modifications to the Chlorine Handling Room at Buccaneer Water Plant #4, and Authorize the City Manager to Sign the Contract Document (Bid #9899-3) (City Manager) BEAVER X BORNO X X Motion: Award contract in the amount of$11,950.00 to MESERVE X X IIIHanna Construction Company for modifications to the SHAUGHNESSY X Chlorine Handling Room at Buccaneer Water Plant #4, M S O E T C I O Y III Minutes Page -4- December 14, 1998 o N E N COMMISSIONERS N D S 0 and authorize the City Manager to sign the Contract Document (Bid #9899-3). Mayor Shaughnessy noted that only one bid had been received. Public Works Director Kosoy stated that this was a rebid of the project and the previous time two bids were received. Public Works Director Kosoy indicated that it was rather specialized work and this may have kept other companies from bidding. There was no further discussion and the motion carried unanimously. 5. Committee Reports: There were no committee reports. 6. Action on Resolutions: 0 A. Resolution No. 98-40 A RESOLUTION AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999 TO APPROPRIATE FUNDS IN THE POLICE TRUST FUND FOR THE PURCHASE OF 800 MHZ RADIOS City Manager) Motion: Adopt Resolution No. 98-40 amending the BEAVER X BORNO X operating budget for the City of Atlantic Beach for the MESERVE X X Fiscal Year beginning October 1, 1998 and ending MITCHELSON X X September 30, 1999 to appropriate funds in the Police SHAUGHNESSY X Trust Fund for the purchase of 800 MHZ radios. Commissioner Mitchelson noted that the purchase of the radios had been previously approved. Mayor Shaughnessy inquired as to who would be using the radios. Public Safety Director Thompson stated the radios were being purchased for the lifeguards and police officers. There was no more discussion and the motion carried unanimously. M S O E T C I O Y Minutes Page -5- O N E 0gCOMMISSIONERSNDS0 December 14, 1998 7. Action on Ordinances: A. Ordinance 75-98-13: Public Hearing and Final 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: Adopt Ordinance 75-98-13 on final reading. ME SERVE X X MITCHELSON X X Mayor Shaughnessy read the ordinance by title only and opened the floor for a public hearing. Ron Meardy of 1835 Ocean Boulevard, Atlantic Beach spoke in opposition to the ordinance. Mr. Meardy stated he owned a title loan business in another city and he believed the business was often misunderstood. He then explained the business operation and reviewed the changes in the law governing title loans. Mr. Meardy stated pawn shops have been in the title loan business for years with no apparent opposition. John Weldon of 2021 Art Museum Drive, Jacksonville also opposed the ordinance. Mr. Weldon stated that he had owned a title loan business in the City of Atlantic Beach since 1996 and could not stay in business charging the proposed lower interest rate. He felt there was a great need for short term loans in the community because banks no longer make that type of loan.Mr. Weldon requested that the Commission study the matter further and delay passage of the ordinance because he felt the State of Florida would enact legislation to regulate title loans and there would be no need for the local ordinance. Lynn Drysdale of 1768 Ocean Grove, a local legal aid attorney, spoke in support of the ordinance, and referenced information previously distributed to the Commission concerning the title loan industry. Ms. Drysdale briefly recapped the history of title loans and stated that in the early 90's Judge Taylor ruled the title loan to be M S O E T C I O Y ONEN III Minutes Page -6-COMMISSIONERS N D S 0 December 14, 1998 illegal and it was outlawed until 1995. Ms. Drysdale submitted a copy of the Florida Department of Agriculture and Consumer Services (FDACS) Florida Vehicle Title Loan Task Force study on the title loan industry for public record and urged the Commission to pass the ordinance. (A copy of the study is on file in the office of the City Clerk). There being no more public comments,the public hearing was closed. Mayor Shaughnessy noted that changes had been made to the ordinance since the first reading and requested that the City Attorney describe the changes. City Attorney Jensen stated the following changes were made to the ordinance for clarification purposes and were not of a substantive nature that would require a rehearing: (1) In Section 21-64 the title of the section was changed to "Title Loan Lending License," so as not to confuse it with an occupational license, and throughout the section, the word "license" was changed to "title loan lending license" in the appropriate places, and(2)subsection(1)was added requiring that the applicant obtain any required occupational license. Commissioner Mitchelson, sponsor of the ordinance, stated he also had a change to the ordinance and requested that on page 4, Section 21-64, in the last sentence at the bottom of the page, the words "not exceeding" be struck and replaced with the word "of' to define the fee for a title loan lending license. Commissioner Mitchelson stated that he had received numerous phone calls from constituents and city employees relating their negative experiences with the title loan industry, and he believed they deserved better treatment. He explained that if a car with a value of 5,000.00 is repossessed for failure to make one payment on a 1,000.00 loan, the vehicle is sold and the entire proceeds kept by the title loan company. Commissioner Mitchelson reiterated his position that the title loan industry preyed upon those who could least afford it and felt the industry should be regulated. He requested Commission support for the proposed ordinance, and hoped it would become model legislation for other municipalities to follow. M S O E T C I O Y O NE N Minutes Page -7-COMMISSIONERS N D S o December 14, 1998 Commissioner Meserve stated that he had researched the title loan industry in depth and unless the City of Jacksonville passed a similar ordinance, the business would just move across the street. He agreed that it was difficult to get a small, short time loan, but they were available to navy personnel. He believed that pawn shops were equally bad, but that there was a difference in that they did not take a person's car, which was often vital for work. He indicated that city should urge the City of Jacksonville to pass similar legislation. Commissioner Borno also supported the proposed ordinance and inquired as to the number of repossessions that take place. Mr. Weldon stated that 10% of the loans go bad which resulted in a 3 '/2 - 4.0% repossession rate. Mr. Weldon further stated that he presently had 240 loans on the books and averaged 40 new loans per month. Commissioner Beaver favored passage of the ordinance and believed that the disclosure requirement in the ordinance was very important and would make people more aware of what they are signing. Amendment No. 1 to the motion: Add the following changes: (1) Section 21-64 change the title of the section to BEAVER X Title Loan Lending License," so as not to confuse it with BORNO X X MESERVE X an occupational license, and throughout the section, MITCHELSON X x change the word "license" to "title loan lending license" SHAUGHNESSY X in the appropriate places, and (2) add subsection (1) requiring that the applicant obtain any required occupational license. Amendment No. 2 to the motion: On page 4, Section 21-64, BEAVER X in the last sentence at the bottom of the page, strike the BORNO X X words "not exceeding" and replace with the word "of'. MESERVE x MITCHELSON X X The intent of the change was to define the fee for a title SHAUGHNESSY X loan lending license). There being no further comments or discussion, Amendments No. land 2 and the main motion to adopt the ordinance on second reading carried unanimously. Mayor Shaughnessy requested that a letter urging passage of similar legislation be drafted by City Attorney Jensen to each City of M S O E T C I O Y O N E N , Minutes Page -8-COMMISSIONERS N D s o December 14, 1998 Jacksonville Council Member for signature by the Mayor and four Commissioners and that a copy of ordinance be included with the correspondence. She also requested that copies of the ordinance be sent to the cities of Jacksonville Beach,Neptune Beach, and Baldwin, the Duval County delegation, Clay County, St. Johns County and the Florida League of Cities. 8. Miscellaneous Business: A. Determination Regarding Whether to Reactivate the Teen Council (City Commission) Patricia Goelz reported that on December 9, 1998 she appeared before the Parks and Recreation Board and presented her idea that the Teen Council become a subcommittee of the Parks and Recreation Advisory Board. Mrs. Goelz further stated that most of the young people she had spoken with were interested in having tennis and volleyball tournaments and dances, and she felt these types of activities would fall under recreational activities. Mrs. Goelz volunteered to serve as an adult volunteer to the Teen Council. BEAVER X Motion: Reactivate the Teen Council as a Subcommittee BORNO x of the Parks and Recreation Advisory Board.MESERVE X MITCHELSON X X SHAUGHNESSY X X It was reported that Dr. Jamie Fletcher had also volunteered to assist the Teen Council. Commissioner Borno felt the Teen Council needed to have by-laws and rules. Commissioner Mitchelson stated it was his intent that the group, if reactivated, develop its own rules. Amendment to the motion: The Teen Council will BEAVER X develop its own rules in conjunction with the adult BORNO X X MESERVE X advisors.MITCHELSON X X SHAUGHNESSY X Mayor Shaughnessy requested that Dr. Fletcher and Peter Coalson be contacted to identify the adult advisors who will work with the group. M S O E T C I O Y 0 Minutes Page -9- ONE N g COMMISSIONERS N D S 0 December 14, 1998 There was no further discussion and the amendment to the motion and main motion carried unanimously. B. Board Appointments (City Commission) I) Pension Board of Trustees (2) ii) Community Development Board (1) Mayor Shaughnessy stated that she would like to reappoint John Fletcher to a one year term and Cindy Anderson to a four year term on the Pension Board of Trustees. BEAVER X Motion: Reappoint John Fletcher to a one year term and BOMESERNo x x RVE X City Anderson to a four year term on the Pension Board MITCHELSON X X of Trustees. SHAUGHNESSY X There was no discussion and the motion carried unanimously. Mayor Shaughnessy stated that she would like to reappoint Robert Frohwein to another four year term on the Community Development Board. Motion: Reappoint Robert Frohwein to a four year term BEAVER X on the Community Development Board.BORNO x x ME SERVE X MITCHELSON X X There was no discussion and the motion carried unanimously. SHAUGHNESSY X C. Approve Contract with The R-A-M Professional Group, Inc. in the Amount of$126,907.05, Plus $2,750.00 Per Public Presentation, (Option 2 in Staff Report) for the Evaluation Phase of the Design Modification of the Core City Stormwater Drainage Improvements and Flood Control Structures for Tailwater Control, and Authorize the City Manager to Sign the Contract Document (City Manager) Motion: Approve Contract with The R-A-M BEAVER X X Professional Group, Inc. in the amount of$126,907.05, BORNO X plus $2 750.00public presentation, (Option 2) for the MITCHEL X X per pMITCHELSON evaluation phase of the design modification of the Core SHAUGHNESSY X City Stormwater Drainage Improvements and Flood M S O E T C I O Y Minutes Page-10- N N E N 410 g COMMISSIONERS N D S 0 December 14, 1998 Control Structures for Tailwater Control, and authorize the City Manager to sign the contract document. Stephen Kuti of 1132 Linkside Drive stated he had checked the company and was satisfied that they had professional engineers on their staff. He felt a ceiling set on the cost for each of the proposed phases of the project was warranted so the city would know the total cost of the project. Alan Potter of 374 Second Street presented a brief history of the core city project and stated thirty-three months had gone by with no resolution to the problem. Mr. Potter believed R-A-M Professional Group lacked the experience to complete this type of project and questioned the company's licenses and insurance. He then asked the Commission to reconsider their choice. Mr. Potter's letter is attached and made part of this official record as Attachment B. 0 Mayor Shaughnessy called a recess at 9:20 p.m. and reconvened the meeting at 9:40 p.m. Commissioner Meserve concurred with the City Manager's recommendation to give more time in the initial phase (75 days) which he felt was critical. Commissioner Meserve felt Option 2 would get the project moving in the right direction. In addressing Mr. Potter's concerns, Mayor Shaughnessy referenced R-A-M's proposal and noted there were registered engineers on staff and they held proper insurance for the project which was clearly identified in the contract. Commissioner Beaver also favored Option 2 and requested that Mr. Wayne Reed, President of The R-A-M Professional Group, explain what the city would get for the $40,000.00 price difference between the two options. Mr. Reed explained that Option 2 would provide a "Robust Model" of statistical data, which would include testing a model until it fails to ensure providing a full range of what could and could not happen when modifying the core city design. He explained that the company's recommendation would be based on the statistical data, M S O E T C I O Y Minutes Page -11- O N E N IIICOMMISSIONERS N D S 0 December 14, 1998 and the number of tests run through the model would determine the cost. Mr. Reed explained that the model had to be developed first and the core city project required a tighter, site specific model, with much of the modeling work performed by the subconsultants, Marshall, Provost and Associates for the tailwater control, and Environmental Research and Design for water quality. Commissioner Mitchelson inquired if Option 1 was chosen, would it require the expenditure of additional money at a later date for added tasks, and if Option 2 was chosen would the overall timetable for the project remain intact. Mr. Reed explained that if Option 1 was chosen, the additional testing recommended in Option 2 would not be conducted. However, in Phase II (the design stage) some things might have to be readdressed. Mr. Reed further stated that he could not presume to speak for the Commission on this matter, but he would tend to think the additional testing might be required. He stated the schedule under Option 2 would be tight, but he felt his company would come up with some cost savings when evaluating the whole system, and at that point they would be able to move forward quickly. Commissioner Meserve expressed concern that the cost of the design phase contract would be unreasonable once the first phase was completed and asked Mr. Reed to address the issue of the overall cost for the project. Mr. Reed responded that it was difficult to say with certainty at this point because of the unknowns. He pointed out that if a pump station is required, it would be an expensive item. However, if the modeling presents a less expensive alternative, he felt the Commission would not want to pay for the design of something that goes unbuilt. Mr. Reed stated his company was committed to the city and wanted to be a repeat client. He pointed out that most of his company's clients were repeat clients. He assured the Commissioners his firm would negotiate in a reasonable manner. fbFurther discussion ensued concerning duplication of data. Mr. Reed stated they did not intend to duplicate existing data but would M S O E T C I O Y ONEN Minutes Page -12- COMMISSIONERS N D S c December 14, 1998 have to verify it. Mayor Shaughnessy pointed out that the city owned the preliminary design work which she felt would be a safeguard for the worse case scenario. She suggested the possibility of using a design/build approach and wanted to make sure R-A-M was aware of tailwater modeling done by Camp, Dresser, and McKee, which Michael Schmidt, an engineer with the firm, had offered to the city free of charge. Mr. Reed stated he was aware of the modeling and would contact Mr. Schmidt. Commissioner Beaver inquired as to what point the Commission would discuss the budget for this project. Mayor Shaughnessy explained the two contracts suggested by City Manager Jarboe, and stated that when the preliminary design was completed, including the potential costs, the Commission would discuss alternatives and price at that time. Stephen Kuti, and member of the Stormwater Review Committee, suggested that R-A-M initially visit the flood prone areas of the city and suggested that a date be set for such a review. Mayor Shaughnessy stated that the list of the flood prone areas would be provided to R-A-M. Mayor Shaughnessy stated she had visited the City of St. Augustine Beach and obtained a FEMA Booklet concerning retrofitting flood prone structures and asked that the City Clerk obtain copies for the Commission and SRC. Mayor Shaughnessy requested that the Stormwater Review Committee (SRC) receive a copy of the R-A-M contract. There being no further discussion, the motion carried unanimously. D. Approve Contract with The RAM Professional Group, Inc. in the Amount of$20,000.00 for Engineering Design Work for Wonderwood Drive Utility Relocation, and Authorize the City Manager to Sign the Contract Document(City Manager) M S O E T C I O Y Minutes Page -13- December 14, 1998 O N E N III g COMMISSIONERS N D S 0 Motion: Approve contract with The RAM Professional BEAVER x X Group, Inc. in the amount of$20,000.00 for engineering BORNO X design work for Wonderwood Drive Utility Relocation,MESERVE x x MITCHELSON X and authorize the City Manager to sign the contract SHAUGHNESSY X document. Mayor Shaughnessy inquired if the creek that drains Oceanwalk would be preserved. She was told that it could be impacted, but it was accounted for in the design and that the existing pipe would be replaced by a culvert. There was no further discussion, and the motion carried unanimously. E. Consider Upgrading the Exterior Siding and Windows for the Lifeguard Building at an Estimated Cost of Approximately $11,500.00 (City Manager) Motion: Upgrade the exterior siding and windows BEAVER for the Lifeguard Building at an estimated cost of BORNO x MESERVE approximately $11,500.00. MITCHELSON X SHAUGHNESSY City Manager Jarboe explained that the contractor for the project, Pete Dowling, expressed concern that T1-11 siding would not stand up in a salt environment and would present a maintenance problem. It was recommended that cedar shingles or a cement board based product (Hardie Board) be considered to replace the T1-11. Commissioner Beaver felt that the T1-11, when properly maintained, would last and stated he could not justify spending the additional money. Commissioner Mitchelson inquired concerning the upgrade for the windows at a cost of$1,500.00. Mr. Dowling stated that the 1,500.00 figure was quoted in error, and the actual increase would be $3,548.00. He recommended the window upgrade to comply with the building specifications, and stated that the upgraded windows would last longer in the ocean front environment and would be warranted for thirty years. M S O E T C I O Y Minutes Page -14- O N SE N PgCOMMISSIONERS N D S 0 December 14, 1998 Some discussion ensued concerning single pane and double pane windows and costs for each. Mr. Dowling was asked to obtain information on single pane windows. The motion and second were withdrawn. Mr. Dowling stated he would bring information concerning single pane windows to the City Clerk's office as soon as it was obtained. He stated that a decision concerning the type of window to be used needed to be made within the next three weeks. Commissioner Meserve felt the city would save money on maintenance in the long run and should go with the Hardie board. BEAVER X Motion: Authorize the use of Hardie board exterior BORNO X MESERVE X X siding on the lifeguard building. MITCHELSON X X SHAUGHNESSY X 410 There was no further discussion and the motion carried by a four to one vote with Commissioner Beaver voting nay. Mayor Shaughnessy called a recess at 10:45 p.m. and reconvened the meeting at 10:47 p.m. F. Approve Contract in the Amount of$219,600.00 with Gannett Fleming for Construction Engineering and Resident Observation for the Buccaneer Wastewater Treatment Plant Expansion Project, and Authorize the City Manager to Sign the Contract Document (City Manager) Motion: Approve contract in the amount of$219,600.00 BEAVER X with Gannett Fleming for Construction Engineering and BORNO x x MESERVE X X Resident Observation for the Buccaneer Wastewater MITCHELSON X Treatment Plant Expansion Project, and authorize the SHAUGHNESSY x City Manager to sign the contract document. Commissioner Mitchelson inquired if the figure being authorized was within budget, and Public Works Director Kosoy stated that it was within budget. M S O E T C I O Y ONE N Minutes Page -15- COMMISSIONERS N D S 0 December 14, 1998 Alan Potter opposed the project design and the use of Gannett Fleming for resident observation. He also felt the resident observation fee was too high. Commissioner Borno asked for an explanation of the costs, and John Dougherty of Gannett Fleming, Inc., explained the five part, thirteen months contract in detail. There was no more discussion and the motion carried unanimously. G. Authorize Staff to Negotiate a Contract With Smith and Gillespie Engineers, Inc. for Engineering Design for Water Line Installation and Replacement at Various Locations, 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 X Smith and Gillespie Engineers, Inc. for engineering BORNO X MESERVE X X design for water line installation and replacement at MITCHELSON X various locations, and if unable to negotiate a SHAUGHNESSY X satisfactory contract, authorize Staff to negotiate with the next most qualified firm. City Manager Jarboe stated the construction costs for the projects was estimated to be $487,000.00. There was no discussion and the motion carried unanimously. H. Authorize Staff to Negotiate a Contract With Smith and Gillespie Engineers, Inc. for Engineering Design for Stormwater Improvements and Replacement at Various Locations, and if Unable to Negotiate a Contract, Authorize Staff to Negotiate With the Next Most Qualified Firm (City Manager) BEAVER X Motion: Authorize Staff to negotiate a contract with BORNO X X Smith and Gillespie Engineers, Inc. for engineering ME SERVE X X design for stormwater improvements and replacement at MMESERVESON X SHAUGHNESSY X various locations, and if unable to negotiate a contract, M S O E T C I O Y Minutes Page -16- O N E N 4110 g COMMISSIONERS N D S 0 December 14, 1998 authorize Staff to negotiate with the next most qualified firm. Stephen Kuti inquired as to why a contract with Smith and Gillespie was needed when the city just contracted with R-A-M. Mr. Kuti was informed that the projects encompassed in this project were not related to the core city project and needed engineering design. There was no further discussion and the motion carried unanimously. I.Approve Replat of Francis Cove and Authorize the Mayor and City Clerk to Sign the Plat (City Manager) BEAVER X X Motion: Approve replat of Francis Cove and authorize BORNO X pp p MESERVE X X the Mayor and City Clerk to sign the plat. MITCHEL SON X SHAUGHNESSY X David Clark of Beaches Habitat for Humanity presented the replat of Francis Cove to the Commission and stated he was present to answer any questions. There was no discussion and the motion carried unanimously. J. Authorize the City Manager to Sign Modification to Department of Environmental Protection Consent Order No. 95-2971 (City Manager) BEAVER X Motion: Authorize the City Manager to sign BORNO X X Modification to Department of Environmental ME SERVE X x MITCHELSON X Protection Consent Order No. 95-2971. SHAUGHNESSY X Mayor Shaughnessy reported on her meeting with the Department of Environmental Protection and stated that she was able to negotiate a new beginning date of November 15, 1999 and completion date of December 30, 2001. BEAVER X BORNO X Amendment to the motion: With an implementation MESERVE X III date of November 15, 1999 and a completion date of MESERVESON X X December 30, 2001. SHAUGHNESSY x x M S O E T C I O Y O NE N Minutes Page -17- COMMISSIONERS N D S 0 December 14, 1998 There was no discussion and the amendment to the motion and main motion both carried unanimously. 9. City Manager Reports and/or Correspondence: City Manager Jarboe There were no reports. 10. Reports and/or Requests from City Commissioners, City Attorney and City Clerk Commissioner Meserve Suggested that David Thompson serve as the interim City Manager for the period of time it takes to find a new city manager. Commissioner Beaver Commented on an unsigned letter of complaint received by the Commission and the fallacies contained therein. Commissioner Mitchelson Concurred with Commissioner Meserve concerning offering the interim City Manager position to David Thompson. Mayor Shaughnessy Set a Special Called Meeting for Monday, December 21, 1998 at 5:00 p.m. to discuss the search process for a new City Manager. Reported on the "Take a Child to the Game" program of the Jacksonville Chamber of Commerce and solicited contributions from the Commissioners to the purchase and donate one ticket. Requested an opinion from the City Attorney concerning the M S O E T C I O Y Minutes Page -18- o N E N COMMISSIONERS N D S 0 December 14, 1998 proposed impervious surface ordinance and then withdrew the request upon determination that the Commission should wait for the recommendation from the Community Development Board. Reported that Mary Emerson-Smith had resigned from the Tree Conservation Board. There being no further comments or business to come before the Commission, the meeting adjourned at 11:50 p.m. Suzanne Shaughn y Mayor /Presiding Officer ATTEST: 4 “A U Maureen King, C City Clerk AM II ATTACHMENT A r , CEMBER 14, 1998 COMMISSION MEETING - la 4,-CITY OF 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (904) 247-5800 41%, ,,FAX (904) 247-5805 SUNCOM 852-5800 December 4, 1998 Memorandum to: The Honorable Mayor and Members of the City Commission City of Atlantic Beach Subject: Players by the Sea City Commission Members: Paul Rowe, President of Players by the Sea, has requested that he be allowed to address the Commission under Recognition of Visitors at the regular Commission meeting scheduled for Monday, December 14, 1998. Attached is a letter from Mr. Rowe dated November 5, 1998, which explains the desire of Players by the Sea to build a new theater. Respectfully submitted, c-- 1--W\ Jame . Jarboe City anager JRJ:tl Attachment 0 Players by the Sea P.O. Box 50767 Jacksonville Beach,Florida 32240 James R. Jarboe City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach,Florida Dear Mr. Jarboe 11/5/98 Our proposal is that the City of Atlantic Beach help Players by the Sea build a theater by donating a parcel of land for our building. Players by the Sea has been continuously producing plays in the beaches area for 33 years. Our present site has become unsuitable for several reasons. The most offensive being the high volume that musicians less than 100 feet from the theatre play at. The outdoor entertainment that has sprouted in this area over the last two years has made our current location impossible. Players owns a lot in the City of Jacksonville Beach that was recently appraised at slightly over$130,000. We would be willing to use the money from the sale of this property along with our cash resources to construct a new theater on a suitable piece of property. My vision is that this building would serve the community as a cultural center. We have Acting Up, an established children's theater education program, interested in being part of such a center. Also other area arts organizations have expressed a willingness to operate out of such a building. Our needs are simple. Roughly 1/2 acre should provide sufficient area for our building, which would be approximately 7000 square feet, and parking for about 40 cars. This property should be in a quiet and secure environment for the safety of our patrons, many of which live in Atlantic Beach. I am a resident of Atlantic Beach and have been a member of the beaches community for the past 25 years. The cultural life in our community could be greatly enhanced by the type of facility that we are proposing, and Atlantic Beach could only gain by such an endowment to the arts. Si ere , Paul Rowe President PBTS ATTACHMENT B DECEMBER 14, 1998 COMMISSION MEETING f • ALAN W. POTTER, SR. 374 Second Street Atlantic Beach,Florida 32233 December 14, 1998 City Commission City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 Re: Agenda Item 8-C Approve Contract with R-A-M Group Subject: Core City Storm Water Drainage Improvements Dear Commissioners: Your careful attention to the total history of the Core City Storm Water Drainage Improvements project is respectfully requested. Important items in the history include: 1. March 1996. The firm of England-Thims and Miller retained for the engineering design. 2. September 1997. England-Thims and Miller plans completed. Public awareness and public outcry begins. 3. December 1997. Howell Park Review Committee report presented. 4. January 1998. T. L. Rice hired. 5. May 1998. T. L. Rice report presented. 6. August 1998. Storm Water Review Committee appointed. 7. November 1998. RFP presented by Storm Water Review Committee. 8. December 1998. Engineering proposals received, engineers interviewed and "rankings" voted. To date, approximately thirty-three months have been consumed, and, seven hundred fifty thousand dollars expended. To date, no progress on accomplishing any remedy to the drainage problem has resulted. City Commission City of Atlantic Beach December 14, 1998 Page 2 Tonight, the City Commission has been advised by Staff to approve a contract with the R-A-M Group for$126,907.05 (plus more cost for public presentations) that will consume 75 days additional. The contract-work will provide "evaluations" of the E. T. M. design. The contract DOES NOT provide for any engineering plans, any engineering specifications, any bid documents, or any bid evaluations and contractor recommendations. That will come with ADDITIONAL TIME AND ADDITIONAL FEES. How much additional time and how much additional money will be consumed before we can begin construction? Your examination (re-examination) of the R-A-M Group "Proposal" will clearly identify that NO STAFF MEMBERS are included as to names, education, years of experience, and that no projects (of similar nature as the Atlantic Beach project) Shave been clearly identified and are available to inspect. Your examination(re-examination) of the R-A-M Group "Proposal" will show that NO PROJECTS are identified for which the four(to be) affiliated firms have worked together. If any such cooperative projects exist, these should have been set forth and clearly identified as to project location, size and scope and availability for inspection. The Core City Storm Water Improvement Project is the LARGEST ATLANTIC BEACH PUBLIC WORKS PROJECT in the seventy year history of our community. Why is a previously unknown (to Atlantic Beach) firm being chosen for this most major project? Your are requested to reconsider and employ either the firm of Aikenhead & Odom or the firm of Gee & Jensen to redesign the Core City Improvements. Respectfully, 2 _",‘ A n W. Potter, Sr. 111