Loading...
Minutes - 04-22-02MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT 7:15 P.M. ON MONDAY, APRiL 22, 2002 PRESENT: John Meserve, Mayor Richard Beaver, Mayor Pro Tem Mike Bomo Paul Parsons Dezmond Waters, Commissioners AND: James Hanson, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk Mayor Meserve called the meeting to order at 7:15 p.m. The invocation offered by Mayor Meserve was followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Commission meeting of March Apri18, 2002 Motion: Approve the minutes of the Regular Commission Meeting of Apri18, 2002 as presented. The motion tamed unanimously. 1215 Seminole Road Residential Fire Mayor Meserve stated that he had requested that City Manager Hanson address the following issues raised by neighbors after a fire heavily damaged a home located at 1215 Seminole Road: (1) A response time of twenty-five minutes, (2) improperly manned truck, (3) the inability to locate a fire hydrant close to the fire, (4) the amount of time expended to put out the fire, and (5) confusion and lack of supervision at the scene.. Chief Thompson. distributed copies of the Atlantic Beach Police 911 radio log, which indicated that just over four minutes elapsed between the first 911ca11 and Jacksonville Fire and Rescue's arrival at the fire. The report is attached and made part of this official record as Attachment A. Sergeant Dan Watts, an Atlantic Beach Police Officer, who was the first person to arrive at the scene, confirmed the elapsed time.. An audio tape of the 911 calls was played while a videotape shot from Officer Jason Fissel's police caz ran showing the home engulfed in flames. A clock on v v A Q T T E S S M S O E T C I O Y O N E N N D S q COMMISSIONERS BEAVER X X BORNO X PARSONS X WATERS X X MESERVE Minutes Page -2- Apri122, 2002 the tape indicated that it took approximately ten minutes for the crews to fight the fire. Lorin Mock, Chief of Operations for Jacksonville Fire and Rescue, stated. that the station was properly staffed and explained the operating procedures in detail for fighting a residential fire. Chief Mock indicated that the fire was intensified by flammable materials stored in the carport. A question and answer session followed the reports. Commissioner Waters inquired concerning the flammability of vinyl siding and Chief Mock indicated that it was highly combustible. Stephen Kuti of 1132 Linkside Drive inquired concerning the water: pressure necessary to fight the fire. Chief Mock explained in detail how flow rates and water pressure could be controlled by the engineer.. Douglas Speed, Jr. of 1207 Seatinote Road felt there was confusion at the scene; he felt the hose size used was inadequate and more time was expended to fight the fire than shown on the videotape. Peter Albano, owner of the property, stated that firefighters were not wearing their equipment when they got off the truck. Chief Mock explained the dressing procedure and indicated that they were wearing bunker pants and t-shirts when they got off the truck, but could not weaz all of their gear on the truck because they had to weaz seatbelts. Joyce Veith of 1235 Seminole Road stated the men were wearing dark colored t-shirts and pants when they got off the truck. She also stated that the adjacent house was singed due to the intensity of the fire. Mayor Meserve thanked Chief Mock and stated that although all of the concerns may not have been addressed, it was always his goal to have a fire department in the City of Atlantic Beach the citizens would have. co~dence in and trust. 2. Courtesy of the Floor to Visitors: Chip Bachara of 50 N. Laura Street stated that he was the attorney representing Petticoat Contracting (Item 8A), and the company felt it was inappropriate to reject all bids since the company had presented the city with a responsive bid within the budgeted amount of the project. Mr. Bachaza presented background information concerning the bids and stated there was approximately a $1 million difference between the low -bid and the second lowest bid submitted by Petticoat Contracting. Mr. Bachaza stated that because of the wide discrepancy between the two bids, it appeared an error was made and he learned that Jensen Civil OMMISSIONERS M O T I O N S E C O N D Y E S Q O Minutes Page -3• Apri122,2002 Construction (JCC) had contacted the city to discuss the possible cause of the difference. Mr. Bachaza referenced a letter from Jensen Civil Construction, which indicated that their bid did not include certain dewatering procedures within the base of the bid. It was further reported due to this discrepancy, it was his understanding that the city had decided to reject all of the bids. He reiterated that Petticoat had submitted a responsive bid, which'met the specifications and was below the engineer's estimated cost for the project. He felt it inappropriate to reject all of the bids,. since the city had received responsive bids. He felt it would only serve to give JCC an opportunity to correct mistakes and get a second chance to adjust their bid. He felt this provided JCC an unfair advantage, and indicated that the Florida Courts provided guidelines, if a basis for rejecting all bids existed. Mr. Bachara agreed that municipalities do have broad discretion to reject all bids, but as cited in the case of Wood-Hopkins Construction v. JEA from the First District Court of Appeal (DCA), the court indicated that it would not accept the JEA's contentions that it had unbridled discretion to reject any and all bids with or without cause. Mr. Bachaza indicated that the DCA went on to state that such action, as with all other discretionary functions of public entities, was subject to the requirements that its exercise be not azbitrary, unreasonable, or capricious, and without these limitations, the purpose of competitive bidding was circumvented. The court felt rejection of all bidders then became a means of allowing a favorite bidder another chance to submit a low bid. Alan Potter of 374 Second Street expressed concern for the financial well being of the city relative to Item 8A. Mr. Potter stated that the city had hired a professional engineer and somehow, there was a dispute between the contractors as to what was intended which resulted in a $1 million difference between the bids. He felt the city should look into this matter to see how such an error could have occurred. Rita McAndrews Giblin of 4011th Street distributed photographs of the recently modified l ls' Street dune crossover and expressed dissatisfaction with the workmanship. She felt the structure was too steep and the modified ramp was too tall. Sam VanLeer, President of the Beaches Historical Society,. stated that he was present to support passage of Resolution No. 02-08 (Item 6B) and to answer questions concerning building of the museum. Mary-Lou Boyeq representing the Cultural Arts Board, displayed a miniature of the winning sculpture, which was unanimously selected by the Sculpture Competition Jury. Ms. Boyer indicated that the Cultural Arts Boazd would like Commission approval to hold a fiord-raiser for the OMMISSIONERS M 0 T I 0 N S E C O N D Y E S N 0 Minutes Page •4- Apri122,2002 construction and installation of the sculpture. There were no objections to the request. Sculptor Brad Talley, the winner of the competition, was introduced and stated he would put his $1,000 prize with the $3,500 the city had budgeted for the sculpture. He explained that the cost of the sculpture would depend on the materials chosen for its construction. Mike Lee of 530 Sherry Drive expressed his frustrations with the Sherry Drive improvement project and listed what he believed to be unnecessary inconveniences he had experienced during construction. Mr. Lee indicated he would like to be given advanced notice of what is going. on with the project. 3. Unfinished Business From the Previous Meeting A. City Manager's Follow Up Report on Issues from Previous Meetings City Manager Hanson commented on each item of his written report, which is attached and made part of this official record as Attachment B. Elimination of Steps on Beach Ramps at 18`h and 20`h Streets Commissioner Parson suggested that reflective tape be installed on the steps until such time as the ramps are reconstructed within the next two years. Commissioner Waters requested that the design of the ramps be revisited to eliminate the steps and keep within the height requirements. 4. Consent Agenda: A. Acknowledge receipt of the following reports for March 2002: Building Department Activity Report, New Occupational Licenses, Public Safety Report, Recreation Department Report and Utility Sales Report. Mayor Meserve requested that Item B be removed from the Consent Agenda for further discussion. Motion: Approve Consent Agenda Item A as presented. There was no discussion and the motion carried unanimously. B. Award contract to Nature's Way Natural Pest Control, " Inc. in the amount of $17,469.72 for ditch spraying, including Bid alternates #1 and #3, pursuant to the specifications of Bid No. 0102-15 (Bid to be awarded OMMISSIONERS M O T I O N S E C O N D Y E S { Q BEAVER X X BORNO X $ PARSONS R WATERS X MESERVE X Minutes Page -5- April 22, 2002 contingent upon the contractor submitting a Duval County Occupational License) (City Manager) Motion: Award contract to Nature's Way Natural Pest Control, Inc. in the amount of $17,464.72 for ditch spraying, including Bid alternates #1 and #3, pursuant to the specifications of Bid No. 0102-15. Mayor Meserve requested further information concerning the appazent low bidder and the second lowest bidder. City Manager Hanson explained that late that afternoon the City received a letter chazging collusion between two of the bidders since they were former partners in a business, which had split into two different businesses, each competing for the work. City Manager Hanson deferred to Public Works Director Kosoy for further explanation. Public Works Director Kosoy explained that the apparent low bidder and second lowest bidder used to work for Vortex Biological, Inc. He indicated that the two bidders were not in collusion since the dissolution of their business partnership was less than amicable. He further explained that the individuals running the companies each had five yeazs experience in ditch spraying and pest control. It was further explained that Dave Miller, the owner of Nature's Way, felt he could perform the city's work in conjunction with the ditch spraying he provided at Oceanwalk and the Selva Marina Country Club. It was also pointed out that approximately $15,000 of the. work previously performed by Vortex Biological, Inc., was now being completed by City Crews using the Menzie Muck. A brief discussion ensued and the motion carried unanimously. 5. Committee Reports: There were no Committee Reports. 6. Action on Resolutions: A. Resolution No. 02-07 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, IN SUPPORT OF THE U.S. NAVY PRESENTING THEIR ANNUAL INTERNATIONAL AIR AND SEA SPECTACULAR SHOW AT NAVAL STATION MAYPORT AND THE BEACHES IN THE FALL OF 2003.. Motion: Adopt Resolution No. 02-07. There was no discussion and the motion carried unanimously. OMMISSIONERS M O T I O N S E .C. O N D ' Y E S ~ Q BEAVER. X X BORNO X X PARSONS X WATERS X MESERVE X BEAVER X X BORNO X X PARSONS X WATERS X MESERVE X Minutes Page -6- Apri122, 2002 B. Resolution No. 02-08 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING THE EFFORTS OF THE BEACHES AREA. HISTORICAL SOCIETY TO CREATE A MUSEUM AND TO PRESERVE HISTORIC STRUCTURES IN THE BEACHES AREA (Mayor) '• Motion: Adopt Resolution No. 02-08. Mayor Meserve complimented the Beaches Area Historical Society for its work stated that a museum celebrating life at the beaches would be a wonderful cultural addition for the area. Commissioner Waters suggested that an Atlantic Beach Historical Room be included in the design of the museum.. Mr. VanLeer indicated that the conceptual plan for the museum included azeas for municipalities, which would change periodically as other exhibits were displayed. There were no further comments and the motion carried unanimously. 7. Action on Ordinances: .There was no action on ordinances. 8. Miscellaneous Business: A. Reject all bids.received for Core City Improvements under Bid No. 0102-13 and authorize staff to clarify the scope of work and rebid the project (City Manager) Motion: Reject all bids received for Core City Improvements under Bid No. 0102-13 and authorize staff to clarify the scope of work with an addendum and rebid the project. City AttorneyJensen stated that he had reviewed the recommendation of Public Works Director Kosoy and stated that when he was initially contacted last week there was discussion of possibly allowing some changes to the low bid, which he advised was not permissible. He further stated that it was his understanding that if the Commission decided to awazd the bid to the low bidder, Jensen Civil Construction (JCC), the company had indicated they would not sign the contract. City Attorney Jensen indicated that the Commission had two options in this matter. He indicated that the first option, based on OMMISSIONERS M 0 T I O N S E C O N D Y E S H Q BEAVER R R BoRNO x x PARSONS X WATERS X MESERVE X BEAVER R X soRNO x x PARSONS X WATERS X MESERVE Minutes Page -7- Apri122, 2002 Public Works Director Kosoy's recommendation, was to reject all bids.. He explained that the bid specifications stated that the Commission reserved the right to reject all bids, with or without cause. He agreed with Mr. Bachara in that case law stated that the Commission cannot just azbitrarily or capriciously reject all bids. He explained that the Commission must take into account all considerations-all the reasons for rejecting the bids, and if it was the collective opinion of the Commission that there were valid grounds to reject all bids, then the Commission could do so. City Attomey Jensen further stated that Mr. Bachaza and he had discussed the cases eazlier in the day, and copies of a letter dated April 22, 2002, written to Mr. Bachara, were distributed to the Commissioners. The letter is attached and made part of this official record as Attachment C. City Attorney Jensen read the following from a Supreme Court decision attached to the letter: .. "the strong judicial deference accorded an agency's decision in competitive bidding situations: [A] public body has wide discretion in soliciting and accepting bids for public improvements and its decision, when based on an honest exercise of this discretion,. will not be overturned by a court even if it may appear erroneous and even if reasonable persons may disagree." City Attorney Jensen explained that the court was very reluctant to substitute its judgment for a judgment of the local governing body, in this case, the City Commission. He advised that if the Commission discussed the various reasons to reject the bids, as listed in Public Works Director Kosoy's report, and made an honest exercise to do that, and ultimately decided to reject the bids, then be believed the Commission was on solid legal ground and was allowed to do so. City Attorney Jensen explained that the Commission had another option, based on the fact that three of the four bidders which responded apparently (and he had not confirmed it, but indicated that Public Works Director Kosoy had confirmed it with at least one of the bidders) had interpreted the design plans that dewatering would be required everywhere, which resulted in the $1M - $1.5 spread from the low bidder to the next highest bidder and the other two bidders. City Attorney Jensen indicated that it could become an issue of fairness, and advised that the Commission would have an option of awarding the contract to Petticoat Contracting as the next lowest responsive bid within budget, since JCC had indicated that if they were awarded the bid as they bid it, they would not sign the contract. City Attomey Jensen felt the Commission would be on safe ground legally if either option was chosen. OMMISSIONERS M O T I 0 N S E C O N D Y E S N O .Minutes Page -8- Apri122, 2002 Commissioner Pazsons inquired as to the responsiveness of the JCC bid and inquired if they could be discounted and the project rebid. City Attorney Jensen indicated that if the Commission determined that JCC's bid was not responsive, then the bid could be awazded to the second lowest bidder. City Attorney Jensen stated that it was his understanding that JCC's bid was responsive, but their bid included a very low price for dewatering: Discussion ensued concerning the dewatering requirement and Commissioner Borno felt that JCC made an honest mistake with their bid. He felt the dewatering requirement should be clarified as an addendum to the bid to settle the misunderstanding and rebid the project. Commissioner Beaver believed the bid document to be in error, and stated that there was a big discrepancy between 700 and 15,000 lineaz feet. He felt that all of the contractors would have an advantage if the project was rebid. Mayor Meserve asked City Attorney Jensen if the project would come to a halt if the lawyer for Petticoat decided to go to court. .City Attorney Jensen advised that if the Commission decided to rebid the project, Mr. Bachara could try to get a temporary injunction to prevent the city from rebidding the project by arguing that the JCC bid was not responsive and that Petticoat Construction was the low responsive bidder and the contract should be awazded to them. City Attorney Jensen further advised that if the Commission awarded a contract before that action took place, then generally the contractor who was protesting would find his remedy limited to a suit for damages and not injunctive relief. Mayor Meserve indicated that he saw no fraud and felt an honest mistake had been made on a document which may not have been written as cleazly as it should have been. He saw no collusion nor bad faith on the city's part to start the process over again. He felt that everyone was more knowledgeable about each other's bid and anew company may wish to bid on the project. Commissioner Waters inquired if JCC had done work for the city in the past. Public Works Director Kosoy indicated that they had bid on several jobs, but had never been the low bidder. Mr. Kosoy indicated that they had good references. Commissioner Waters then inquired concerning Petticoat Contracting's work for the city. Public Works Director Kosoy responded that they had done two jobs for the city. OMMISSIONERS M O T I O N S E C 0 N D Y E S Q Minutes Page -9- April 22, 2002 Discussion ensued and Commissioner Waters indicated that he did not favor always choosing the low bidder. He indicated that he wanted to know why the city would rebid the project and hand it to JCC just because they were the low bid and already had made a mistake in their bid. He felt that Petticoat Contracting must have done good work for the city in the past or they would not have been rehired. City Attorney Jensen indicated that. work done by all of the companies who pre-qualified, whether for this city or other cities, had already been considered and at this point should have no bearing on the Commission's decision. Commissioner Waters inquired if Petticoat Contracfing could do a job of this magnitude and Public Works Director Kosoy indicated that they could perform the work. Public Works Director Kosoy provided background infomiation and indicated that in addition to the dewatering issue, JCC expressed concern relative to maintenance of traffic and an alternate for paving. He further stated that these additional issues had not been addressed by the other bidders and maybe another reason for rebidding the project. Commissioner Beaver inquired if rebidding the project would eliminate the possibility of a lawsuit. City Attorney Jensen advised that it would npt eliminate the possibility of a lawsuit. City Manager Hanson clarified that the main issue was dewatering, however, he pointed out that on their bid, JCC had proposed the use of a different fill material for the roadway after it was opened up for temporary paving. He indicated that Public Works Director Kosoy had gotten with a materials testing firm to evaluate JCC's proposal and concluded it was an acceptable solution. He felt that the material should be included in the addendum to give everyone the same right to bid on the slightly modified proposal, which might save money. Following further discussion, the motion carried unanimously. Commissioner Beaver inquired concerning a timeframe for the rebidding process.. City Manager Hanson felt that it would be two weeks before the. bid opening. It was confirmed that the project was being rebid, but there would be no new pre-qualifying. B. Waive formal bidding requirements and authorize staff to issue purchase orders to Reed & Shows Meter Supply and Repair. Company for meter testing, repair and parts in an .amount not to exceed $12,600 {City Manager) OMMISSIONERS M O T I O N S E C -0 N D Y E S N Q Minutes Page -10= Apri122, 2002 Motion: Waive formal bidding requirements and authorize staff to issue purchase orders to Reed & Shows Meter Supply .and Repair Company for meter testing, repair and parts in an amount not to exceed $12,600. City Manager Hanson explained that there were few companies qualified to do the work, and in the past the annual testing and repair of lazge meters had not been bid since the cost was under $10,000. He further explained that the cost for parts was unknown, but should not exceed last year's cost of $5,000. Commissioner Beaver inquired concerning the number of lazge meters to be tested. Utility Director Kaluzniak reported that the city had thirty-two lazge meteTS and expected to repair about one-half of them. There was no further discussion and the motion carried unanimously. 9. City Manager In addition to his written report, which is attached and made part of this official record as Attachment D, City Manager Hanson reported on the following items: • Reported that Dancing in the Streets would be held on May 18, 2002 from 9:00 a.m. to 11:00 p.al. • Reported thafthe Selva Marina Streets paving was complete. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Borno • Suggested that a workshop be held to discuss projects for the Cent Sales Tax • Inquired if the requested change in the plans for the Adele Grage Community Center restroom would lessen the squaze footage in the building. City Manager Hanson responded that it would affect only the "Green Room". Commissioner Waters • Concurred with Commissioner Borno's workshop request. OMMISSIONERS M O T I 0 N S E C O N D Y E S q (} BEAVER R X '. BORNO X X PARSONS X WATERS X MESERVE X Minutes Page -11- Apri122, 2002 Mayor Meserve indicated that he would like to schedule the workshop after the rebidding ofthe core city project. Commissioner Beaver • Indicated that he favored the hiring of a consultant to monitor beach renourishment. He felt long term this would be very beneficial to the beach cities and indicated that the state would pay half the cost with the remainder divided between the cities. • Thanked AT & T for the $5,000 donation for the Adele Grage Community Center renovations. Commissioner Borno • .Reported that on either May 4`h or 11 ~' there would be a citywide fundraiser and demolition party at Bull Park to kickoff the remodeling of the Adele Grage Community Center. He indicated that final details would follow. • Thanked the City Manager and Chief Thompson for the visual presentation concerning the Seminole Road fire. Commissioner Parsons • Stated that he hoped the Core City Project did not experience the same problems as the Sherry Drive Reconstruction Project and suggested that core samples be taken to see if tree logs were located on other streets in the city. • Requested that the city look into the workmanship on the l ls' Street beach access. • Encouraged the Commissioners to attend the next bike path meeting. Commissioner Waters • Supported Commissioner Beaver's citywide fundraiser. • Opposed core samples being taken for the Core City Project since those taken during construction of Town Center failed to identify underlying sheets of concrete 18" thick. OMMISSIONERS M O T 1 O N B E C O N D Y E S Q Q Minutes Page -12- Apri122, 2002 • Inquired when paving of Sherry Drive would begin. Public Works Director Kosoy indicated that paving would begin after driveways on both sides of the street were completed, which would take approximately two weeks. Mayor Meserve • Assured Mrs. Giblin that the city would look into the workmanship of the 11 m Street dune crossover. There being no further discussion or business to come before the City Commission, the Mayor declared the meeting adjourned at 9:35 p.m. John Meserve Attest: Mayor/Presiding Officer Maureen King Certified Municipal Clerk OMMISSIONERS M O T I O N S E C 0 N D Y E S N O