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04-22-96 v ti a CITY OF ATLANTIC BEACH COMMISSION MEETING - APRIL 22, 1996 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the Regular meeting of April 8, 1996 2. Recognition of Visitors: 3. Unfinished Business: (None) 4. Consent Agenda: A. Acknowledge receipt of Public Works projects report B. Acknowledge receipt of Fire Department report for March 1996 5. Action on Resolutions: (None) 6. Action on Ordinances: A. Ordinance No. 25-96-28 - Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 6,BUILDINGS AND BUILDING REGULATIONS, BY ADOPTING VARIOUS STANDARD CODES RELATING TO INSPECTION ACTIVITIES AND ENFORCEMENT OF BUILDING PROVISIONS, AND PROVIDING AN EFFECTIVE DATE. 7. New Business: A. Authorize advertisement in the special convention issue of Quality Cities B. Discussion and related action in connection with the triangular park at 16th Street, Ocean Boulevard and East Coast Drive C. Approve Change Order to VORTEX Biological Services contract for monthly maintenance of ditches D. Authorize execution of contract with Eder Associates for engineering services in the Buccaneer Wastewater Plant Expansion E. Approval of Change Order No. 4 in the Atlantic Beach Wastewater Treatment Plant Expansion project representing a deduction of$1,990.52 F. Approval of Change Order No. 5 in the Atlantic Beach Wastewater Treatment Plant Expansion project in the amount of$8,620.64 **AMENDED AGENDA** 0 Page Two AGENDA April 22, 1996 G. Award contract to Brooks&Limbaugh Electric Company, Inc., for electrical trouble shooting and repair pursuant to the specifications of Bid No. 9596-11 H. Appointments to the Cultural Arts Board I. Award contract to Atlas Electric for electric pump and motor repair pursuant to the specifications of Bid No. 9596-10 J. Authorize application for federal grant funds in the amount of$15,000.00 for Drug Control Programs K. Accept proposal of Gee & Jenson for engineering services for Beach Avenue Water and Sewer Extension in the amount of $20,748.00 and Oak Harbor Water and Sewer Rehabilitation in the amount of$19,978.00 L. Action to declare three vehicles surplus and authorize sale of same * M. Discussion and related action in connection with proposed legislation to broaden the options for spending Convention Development Tax revenues * N. Discussion and related action relative to Conceptual Approval Agreement for the purchase of Dutton Island 8. City Manager Reports and/or Correspondence: A. Report relative to contract with Jim Jacques B. Status report on capital improvement projects C. Report regarding College Jam Splash 9. Reports and/or requests from City Commissioners, City Attorney and City Clerk Adjournment ** Agenda was amended to add items 7M and 7N 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. MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH V V O O CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, T T AT 7:15 PM ON MONDAY, APRIL 22, 1996 E E D D PRESENT: Lyman Fletcher, Mayor John Meserve and M S Steve Rosenbloom, Commissioners O E AND: Jim Jarboe, City Manager T C Alan C. Jensen, City Attorney I 0 Y Maureen King, City Clerk NAME OF ONE N COMMRS. ND SO ABSENT: Tim Reed, Commissioner(Excused) Suzanne Shaughnessy, Commissioner(Excused) The meeting was called to order. The Invocation was given followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Meeting held April 8. 1996. MESERVE X X Motion: Approve minutes of the regular meeting held ROSENBLOON X X April 8, 1996. FLETCHER X No discussion before the vote. The motion carried unanimously. Commissioner Rosenbloom inquired regarding the research of the Aquatic Gardens retention pond which had been discussed at the previous meeting. City Manager Jarboe gave a brief history of the property and stated that the Beaches Aquatic Club (BAC), who now owns the pond, wanted to donate it to the City to maintain. After further discussion, City Manager Jarboe stated that a policy decision concerning the property would have to be made by the City Commission. Recognition of Visitors: Mark Ritter, a resident at 295 Main Street, expressed his concerns for the safety of the children in his neighborhood due to increased traffic using Main Street as a shortcut to Atlantic Boulevard when traffic backs up on Mayport Road. He further stated that his neighbor's little boy recently had been hit by a car and asked the Commission for better traffic enforcement. A lengthy discussion ensued concerning citywide traffic problems and possible solutions. Chief Campbell stated that patrols had been increased in the area, but the issuance of tickets seemed to have no long term effect. Mayor Fletcher suggested that the closing of Begonia Street might help alleviate the problem. y Minutes -Page 2 v v April 22, 1996 NAME OF COMMRS. MS Y N Mr. Ritter was receptive to the idea and stated that he would canvass his neighbors for their opinions. Mayor Fletcher stated that it was important to protect the residential character of neighborhoods and indicated that he would advance the effort to have Begonia Street closed if it was the consensus of the neighborhood to do so. Mr. Ritter stated that he would attend the next Commission Meeting with the results. Alan Potter stated that he had sent a registered letter to each Commissioner regarding Change Orders 3 and 4 in the Wastewater Treatment Plant Expansion Project indicating he felt the City was being charged more than $28,000 for work which was included in the original contract document. City Manager Jarboe indicated that he had met with Mr. Potter and others involved, and had responded to the Commissioners in an April 2, 1996 memo (Copy attached hereto as Exhibit A), suggesting that the City hire an independent contract attorney to review the matter. Doug Layton, on-site Engineer for the project, stated that he had reviewed the specifications for the project and the comments in Mr. Potter's letter and had concluded that the change orders did not include items which were part of the original contract. Commissioner Rosenbloom stated that he supported hiring an independent contract lawyer to review the change orders. He doubted whether the contractor had inspected the existing plant as specified in the bid documents. Commissioner Meserve stated that the contract could have been tighter. However, he felt it would be a waste of additional dollars to revisit the change orders and contract. City Attorney Jensen stated that he had spoken to several engineers and all felt the change orders were reasonable and valid. Unfinished Business: None Consent Agenda: A. Acknowledge receipt of Public Works Project Report B. Acknowledge receipt of Fire Department Report for March 1996 Minutes - Page 3 v V April 22, 1996 NAME OF COMMRS. MSYN The consent agenda items were received and acknowledged. 5. Action on Resolutions: None 6. Action on Ordinances: A. Ordinance No. 25-96-28 Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,AMENDING CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS, BY ADOPTING VARIOUS STANDARD CODES RELATING TO INSPECTION ACTIVITIES AND ENFORCEMENT OF BUILDING PROVISIONS, AND PROVIDING AN EFFECTIVE DATE. Mayor Fletcher presented in full, in writing Ordinance No. 25-96-28 which had been posted in accordance with Charter requirements. He then opened the floor for a public hearing and invited comments from those present. No one spoke for or against the ordinance and the Mayor declared the public hearing closed. Motion: Adopt Ordinance No. 25-96-28 on final reading. MESERVE X X ROSENBLOOM X X Building Official Don Ford explained that the other Beaches Cities had already FLETCHER x adopted these codes and that they were being used throughout the southeast. He also stated that the codes needed to be revised every three to four years to keep them current with the national standards. There being no further discussion, the motion carried unanimously. New Business: A. Authorize advertisement in the special convention issue of Quality Cities City Manager Jarboe stated that in 1995 the City had taken an advertisement in Quality Cities magazine at a cost of $190 and asked the Commissioners if they wanted to advertise again this year. After a brief discussion, it was the consensus of the Commission not to Minutes - Page 4 v V April 22, 1996 NAME OF COMMRS. MS Y N advertise this year. B. Discussion and related action in connection with the triangular park at 16th Street, Ocean Boulevard and East Coast Drive City Manager Jarboe stated that he had received conflicting requests regarding the use of and/or naming of the indicated property and asked the Commission for direction. Mayor Fletcher stated that there were problems with visibility at the stop sign which needed to be addressed, but otherwise, he felt the park should remain a wooded area. Discussion ensued and Commissioner Meserve felt some underbrush needed to be removed and the area cleaned up. Commissioner Rosenbloom agreed but also stated that he believed the property should be used as a park or sold. Chief Campbell felt the safety issue could be improved with a minimum amount of work and indicated he would check the property the following morning. There being no further discussion, it was the consensus of the Commission to have Chief Campbell address the safety issue and otherwise leave the park as it is. C. Approve Change Order to VORTEX Biological Services contract for monthly maintenance of ditches City Manager Jarboe explained that during the March 25, 1996 commission meeting, Vortex Biological Services was awarded a contract for monthly maintenance, and a one time directive to defoliate and devegetate 17 drainage ditches and 3 lagoons in the City. As requested by the City Commission at that time, prices were solicited from Vortex for additional work to include the Selva Marina ditch and the canal north of Fleet Landing. Public Works Director Kosoy advised that since that time, it has also been determined that the ditch located at the west side of Skate Road from Cutlass to Plaza Road also needed cleaning and should be included in the change order.. MESERVE X X Motion: Approve Staff recommendation to accept the proposal by ROSENBLOOM X X Vortex for additional ditch cleaning for the sum of $11,491.00 one =LETCHER X time fee and increase the monthly maintenance contract by $140 per month Further discussion ensued concerning ownership of the ditch at Fleet Landing, Minutes - Page 5 v V April 22, 1996 NAME OF COMMAS. MS Y N and it was pointed out the City of Jacksonville would clean that part of the ditch north of the Atlantic Beach city limits. The question was called and the motion carried unanimously. D. Authorize execution of contract with Eder Associates for engineering services in the Buccaneer Wastewater Treatment Plant expansion City Manager Jarboe recommended that the Commission authorize execution of the contract documents with Eder Associates for engineering services for the Buccaneer Wastewater Treatment Plant expansion project. He then deferred questions to Andrew May, Manager of Engineering Services, for Eder Associates. Motion: Approve Staff recommendation and authorize MESERVE X execution of the contract with Eder Associates ROSENBLOOM X FLETCHER Under discussion, Commissioner Rosenbloom questioned the design fee cost as being in the 14%to 15% range which is higher than the 10% anticipated figure and asked if there was some way to lower the figure. He then asked if it would be feasible to negotiate with the second highest bidder for a lower price. Mr. May pointed out that the actual design fee cost was 7.8% of construction cost, but advertising, permitting and other related expenses pushed the fee up. He further stated that it may be possible to reduce man hours on site due to instrumentation and lower the contract price. Commissioner Meserve believed negotiating with with the#2 firm would constitute an unfair labor practice and the City would have to go through the bid process again if an agreement could not be reached with Eder Associates. After further discussion, it was the consensus of the Commission to defer action on this matter until the next meeting. Substitute Motion: Direct the City Manager to continue MESERVE X negotiations with Eder Associates. ROSENBLOOM X X FLETCHER X X The motion carried unanimously. E. Approval of Change Order No. 4 in the Atlantic Beach Wastewater Treatment Plant Expansion project representing a deduction of $1,990.52 Minutes - Page 6 v V April 22, 1996 NAME OF COMMRS. MS Y N Doug Layton of Smith and Gillespie explained the painting modifications on Change Order#4 resulting in a $1,990.52 savings to the City. Mayor Fletcher called for public comments and Alan Potter of 374 Second Street, addressed the City Commission and indicated he had reviewed the Change Order concerning paint requirements and felt that the Contract Specifications already included painting listed in item#2 and the credit granted under item#1 was too low . In response to Mr. Potter's comments, Mr. Layton indicated he would review the change order to make sure the amounts debited and credited were reasonable. Discussion ensued concerning whether hiring an independent party to review the original contract and change orders was warranted and Mayor Fletcher suggested that this could be considered when the full Commission was present. Motion: Defer action on Change Order No. 4 on Atlantic Beach MESERVE X X Wastewater Treatment Plant Expansion project to allow staff to ROSENBLOOM X look into the comments raised by Alan Potter FLETCHER X X Doug Layton requested that he be allowed to review and explain the project drawings at either a Workshop or at the next regular meeting of the City Commission. The question was called and the motion carried unanimously. F. Approval of Change Order No. 5 in the Atlantic Beach Wastewater Treatment Plant Expansion project in the amount of$8,620.64 Doug Layton of Smith and Gillespie explained the pipe modifications listed in Change Order#5. Motion: Approve Change Order No. 5 in the Atlantic Beach MESERVE X X Wastewater Treatment Plant Expansion Project in the additive ROSENBLOOM X amount of$8,620.64 FLETCHER X X Commissioner Rosenbloom stated that he did not support this Change Order in light of the questions regarding previous change orders. The question was called and the vote resulted in a 2-1 vote with Commissioner Rosenbloom voting nay. The motion carried. Minutes - Page 7 v V April 22, 1996 NAME OF COMMRS. MS Y N G. Award contract to Brooks and Limbaugh Electric Company, Inc. for electrical trouble shooting and repair pursuant to the specifications of Bid No. 9596-11 City Manager Jarboe explained that this company had done very good work for the City in the past at reasonable rates and recommended awarding the contract. Motion: Award contract to Brooks and Limbaugh Electric MESERVE X X Company for electrical trouble shooting and repair in pursuant to ROSENBLOOM X X the specifications of Bid No. 9596-11 FLETCHER X The motion carried unanimously. H. Appointments to the Cultural Arts Board The Mayor requested that action on this item be deferred until a full commission was present. No action was taken at this time. I. Award contract to Atlas Electric for electric pump and motor repair pursuant to the specifications of Bid No. 9596-10 Public Works Director Kosoy explained that Atlas Electric was the low bidder for the project. Additionally, the compay was the successful bidder in 1994 for the same work and had been providing pump and motor repair service to the City since 1984. Motion: Award contract to Atlas Electric Motors for electrical MESERVE X X pump and motor repair in accordance with Bid Specifications No. ROSENBLOOM X X 9596-10 FLETCHER X There was no discussion. The motion carried unanimously. J. Authorize application for federal grant funds in the amount of $15,000.00 for Drug Control Programs Public Safety Director Thompson presented a brief overview of the program and explained that the grant funds would be used to upgrade computer systems in the Public Safety Building and that matching funds in the amount of $5,000.00 would come from drug seizures, not the General Fund. Motion: Approve grant application for federal funds in the amount MESERVE X X of$15,000 to be used for computer systems and networking in the ROSENBLOOM X X FLETCHER X Public Safety Department Minutes -Page 8 v v NAME OF April 22, 1996 COMMRS. MS Y N The motion carried unanimously. K. Accept proposal of Gee& Jenson for engineering services for Beach Avenue Water and Sewer Extension in the amount of $20,748.00 and Oak Harbor Water and Sewer Rehabilitation in the amount of$19,978.00 Public Works Director Kosoy explained that Beach Avenue (north of 15th Street) and Oak Harbor were consent order projects and that the work was to *See c o r r e c i q n update drawings and-pert-renewalThe engineering was already completed. 5-13-96 mi putte s Motion: Accept proposal of Gee & Jenson for engineering services vIESERVE X X for Beach Avenue Water and Sewer Extension in the amount of ROSENBLOON X X $20,748.00 and Oak Harbor Water and Sewer Rehabilitation in the FLETCHER x amount of$19,978.00 Mayor Fletcher inquired regarding the paving of the streets and Public Works Director Kosoy stated that the City of Jacksonville planned to repave the streets in Oak Harbor when the project was completed. There being no further discussion, the question was called and the motion carried unanimously. L. Action to declare three vehicles surplus and authorize sale of same It was explained that the three vehicles were no longer in service but had been omitted from the list of vehicles which had been declared surplus at the previous meeting. (List of the subject vehicles is attached hereto as Exhibit B). Motion: Declare three vehicles surplus and authorize sale or MESERVE X X disposal of same ROSENBLOOM X X FLETCHER X The motion carried unanimously. M. Discussion and related action in connection with proposed legislation to broaden the options for spending Convention Development Tax Revenues Mayor Fletcher indicated he had written to State Representative Arnall and State Senator Bill Bankhead expressing his personal opposition to broadening the permitted uses of bed tax monies to allow funds to be used for promotions. Consequently, Representative Arnall had indicated that he would be willing to introduce an amendment to remove Atlantic Beach from the proposed Minutes - Page 9 v V April 22, 1996 NAME OF COMMRS. MS Y N legislation. Discussion ensued and Commissioners Rosenbloom and Meserve indicated they had no problem with the proposed legislation. The City Clerk was directed to contact Representative Arnall and indicate that no action had been taken by the Atlantic Beach City Commission regarding the proposed legislation. N. Discussion and related action relative to Conceptual Approval Agreement for the purchase of Dutton Island Mayor Fletcher indicated he was still in negotiation with Jacksonville relative to the purchase of Dutton Island. He indicated Jacksonville wanted some indication of the financial commitment Atlantic Beach was willing to make in this matter. Commissioner Rosenbloom felt the City Commission needed to give some serious thought as to what the city could afford in the long term and what would be best for the whole community. Mayor Fletcher stated that funding could come from Barge Canal funds, Preservation 2000 funds, Inland Navigation funds, etc. However, Commmissoner Rosenbloom indicated he was opposed to using Barge Canal Funds for this purpose stating that the funds had been paid by all the citizens of Atlantic Beach and many would not benefit from the purchase of Dutton Island. Commissoner Meserve indicated he liked the project as a long range venture and felt the land would be a wonderful acquisition for future generations. However, he felt Atlantic Beach needed to show some good faith efforts to Jacksonville regarding Dutton Island and felt that Atlantic Beach should concentrate on maintenance. Following further discussion, while no official action was taken, it was the consensus of the City Commission that Atlantic Beach should commit to the success of the Dutton Island project. 8 City Manager Reports and/or Correspondence: A. Report relative to contract with Jim Jacques The City Manager reported that he would like to enter into a one-year contract with Jim Jacques at a salary of$38,000.00, to help with the design of some Minutes - Page 10 v V April 22, 1996 NAME OF COMMRS. MS Y N small projects, work with the public regarding the Capital Improvement Projects, and to inspect other city projects. He explained the contract would include no benefits and the contract could be terminated with two weeks notice. Following discussion regarding the need for an individual to perform these services Mr. Jarboe indicated he felt this was the most cost effective way to make sure everything went smoothly when several projects were going on simulatneously. No commission action was required on this matter. B. Status report on capital improvement projects No report was given. C. Report regarding College Jam Splash No report was given. 9. Reports and or Requests From City Commissioners, City Attorney and City Clerk None There being no further business to come before the City Commission, the Mayor declared the meeting adjourned at 10:35 PM. .0011111111111111111111.1; Lyman T. Fletcher Mayor/Presiding Officer ATTEST: Mau en King, CMC City Clerk _ EXHIBIT A • � ,; ATTACHMENT TO MINUTES 4-22-96 .1. CITY OF iitteuttic bead - eCvrida •-. 800 SEMINOLE ROAD ATLANTIC BEACH,FLORIDA 32233-5445 TELEPHONE(904)247-5800 '� •; FAX(904)247-5805 April 2, 1996 Memorandum to: The Honorable Mayor and Members of the City Commission City of Atlantic Beach Subject: Atlantic Beach Sewer Plant Change Order Concerns As directed, I have reviewed the issues raised by Alan Potter in reference to the change orders. I have independently reviewed the contract, specifications, and drawings. Also, I have met with the City Public Works Director, the Consulting Engineer, the Division Chief for the Atlantic Beach Plant, the Assistant Public Works Director, and I have talked by telephone with the design engineer. In addition, I met with Mr. Potter. Of those I discussed this matter with, other than Mr. Potter, all agree that the painting of the DAVCO was a maintenance issue which was not required by the specs, therefore a change order was required. The same individuals, except for Mr. Potter, agreed that the additional demolition work was not in the specs and therefore required a change order. Mr. Potter disagrees with the opinion of the other engineers and staff. It is his opinion that demolition work and painting of the DAVCO is required by the plans and specs. All parties agree that the water and sludge removal in the DAVCO is considered normal maintenance which should be handled out of operations, and not by a change order. This item has been corrected. In my review of the specs and plans, I was unable to find any requirement for the painting of DAVCO. In addition, the plans showed what was to be removed from the DAVCO; they did not show the work requested in the change order. Therefore, I can only assume that those change orders were required. w • Page 2 Atlantic Beach Plant Change Order Concerns April 2, 1996 The information I have given to you in this memorandum is from my layman's review of the information available. I am not an expert when it comes to reviewing detailed engineering plans and specs or complicated construction contracts. The difference of opinion between Mr. Potter and the other three engineers and staff will likely continue. If the Commission wishes to explore this matter further, I suggest that an engineer and/or attorney whose practices deal with these matters on a daily basis be used to provide you with an independent report. Sincerely, J es R. Jarboe City Manager EXHIBIT B _ ATTACHMENT TO MINUTES 4-22-96 MEMO To: Mr. Jim Jarboe, City��Mager From: David E. Thompsoi;`Director of Public Safety Subject: Vehicles for Auction Date: April 17, 1996 Today, I went to public works and physically checked each VIN number on vehicles to be auctioned. I found that there were three(3) 1989 Ford Crown Victoria police cars that were not on the surplus property list, but they are stripped out and ready for auction. VIN Numbers 2FABP72F7KX176202 2FABP72F7KX176204 2FABP72F7KX176206 Each of these cars is worn out, and the City has no use for them at this time. Relative to the Police cars, I have contacted Ms. Lavake and suggested that she contact some companies that buy used police cars. There are several companies that specialize in this area, and they are specifically interested in used Police cars. This may be more profitable than auction for them.