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
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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
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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
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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
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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.
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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
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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.
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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.
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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)
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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.
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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.
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• 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
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