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09-25-2000 - Regular " .... ..."., , CITY COUNCIL OP EDGEWATER REGULAR MEETING SEPTEMBER 25, 2000 FOLLOWING SPECIAL MEETING COMKUNITY CENTER MINUTES CALL TO ORDER Mayor Schmidt called the Regular Meeting to order at 8:00 p.m. in the community Center. ROLL CALL Mayor Schmidt by-passed the roll call due to the Special Meeting earlier. Councilwoman Lichter was the only one excused. APPROVAL OF MINUTES A. SDecial Meetinq of SeDtember 11. 2000 Councilman Brown made a motion to approve the September 11, 2000 minutes, second by Councilwoman Rhodes. The motion CARRIED 4-0. PRESENTATIONS/PROCLAKATIONS/PLAOUES/CERTIFICATES/DONATIONS Mayor Schmidt read and presented a proclamation to William D.A. Hill of the News Journal on behalf of his retirement. CITIZEN COMKENTS Brad Douglas, longtime resident of Edgewater, member of local CPA firm, spoke regarding Item F of the Consent Agenda with regard to Auditing Services. He commented why he feels Brent Millikan should be chosen and would like an opportunity to present their credentials and answer any questions the Council may have. He feels this will have an economic impact to their firm. If they can provide the same level of service at the same price, then why not take that into consideration. Mr. Douglas stated he was upset because he has waited patiently for the opportunity to be able to come and present their firm's proposal and credentials for many years. He feels hiring their firm would be good for the City as well as the firm. He asked council for the opportunity to come back and be able to present what they have to offer. City Manager Hooper presented a summary of what they have done to date and the process they followed for the request for proposals for the auditors. He had no objections to having a presentation if Council would prefer to do that but it is a change to how they would normally do business. Councilman Brown stated they did that with hiring Legal representation. He doesn't feel bad about allowing these people to make a presentation to them. Councilwoman Rhodes stated the legal representation affected them directly. As much as she is in sympathy with Mr. Douglas and believes in going local whenever possible, she also has to take into account how the Finance Department of the City feels because this affects them directly. Their expertise in this area is as important to her as a Councilperson voting on this issue. She wanted to know how the accounting firm feels. Alex Kish, partner of Brent Millikan, shares the same thoughts as Mr. Douglas. He commented on some major concerns he feels have been overlooked in this whole process regarding fundamental issues. Mr. Kish had a problem with the pricing issue. He spoke of pricing issues and problems that came up. They were asked to present a fixed fee proposal on a sealed bid. That fee estimate was given to one of their competitors who walked in after they submitted a fee and revised their estimate. ~ ~ \ City Manager Hooper stated the only firm that asked for anybody else's prices was Brent Millikan. Nobody else asked. Mr. Kish stated he most certainly did and that is his right to ask for that. When he submits a bid proposal to this City he expects it to be secure, sealed and bound until that point in time. Mayor Schmidt asked the other Councilmembers if they want to hear anymore or if they have any questions. Councilwoman Rhodes feels this needs to be aired out and public. She thinks Mr. Kish needs to understand it is her belief that nothing improper was done by the City. They are trying to do the best they can do. The bidding process came about after Ernst & Young had already given their numbers. Councilwoman Rhodes stated the Audit Selection Committee did their job and recommended their choice and it wasn't Brent Millikan. She agreed to Brent Millikan making a presentation but she also feels Ernst & Young should make a presentation at the same time. Mr. Kish spoke about the proposal specifications that were required. The proposal specifications indicated they had to make whatever inquiries to determine price before they met with the Audit Selection Committee. Mr. Kish feels this is not fair and the process has been tainted. Councilman Vincenzi asked City Manager Hooper his opinion of what happened. City Manager Hooper explained it was not a sealed bid, it was a sealed proposal. He commented on questions that were asked of the Auditing firms. Councilman Vincenzi asked if Ernst & Young came in and asked for other prices. City Manager Hooper stated they came in during the interview and said they would lower the price after they looked at what the City would be able to do with a CPA. Councilman Vincenzi asked if all the accounting firms had the same option if they wanted to exercise that. City Manager Hooper informed him yes. Councilman Brown stated he would need real proof that somebody was coming in underneath what Mr. Kish is saying. He feels City Manager Hooper would not do that. Mr. Kish stated that is not the point, the point is the fact that it occurred. He feels he had to do all of this homework in advance where somebody else is allowed to do that after he submits a fee proposal. Councilman Vincenzi stated he didn't agree. He feels if Brent Millikan had the same opportunity to interview and revise their price as any other firm and they decided not to, what's the point? Mr. Kish stated that is not the point. There was no provision in the specifications that allowed him the opportunity to change his price. Councilman Vincenzi asked if that is standard procedure or not? city Manager Hooper stated it is standard procedure. Mr. Kish stated it is not in the request for proposal specifications. City Manager Hooper further commented on what occurs. Councilman Vincenzi asked City Manager Hooper the basis of his recommendation for the other company. City Manager Hooper stated he would be glad to put it on the screen. Councilman Vincenzi stated he doesn't see a problem unless confidential information has been released to some other firm and city Manager Hooper has proof of that, he doesn't see a problem. Mr. Kish stated they aren't playing on a level playing field. Page -2- Council Regular Meeting september 25, 2000 ...... ....." Councilman Vincenzi stated there is a question of is this the way other people do it or is it legal to do it this way. City Manager Hooper stated it is legal. They talked to the Attorney and this agenda item was sent to him so he could look it over. Councilwoman Rhodes stated obviously the decision was not based on the lowest bid anyway. Mr. Kish stated that is of concern to him as well. Councilwoman Rhodes stated there was more involved than just price. Brent Millikan, presented the history of his company with the City. He doesn't want this to be negative because there is no reason for it to be. He commented on some of the cities he has worked for. He commented on the emplOYment opportunities they are offering in this area. He feels if they match the same price he feels they should be the choice. He commented on it being tough to run a small business. He feels it is important to have the support of City government. Mr. Millikan stated the auditor is auditing the Finance Department. Who the Finance Department feels comfortable with is probably not the most important criteria, it's who the Council feels comfortable with. Mr. Millikan feels if the price is the same, he would think the Council would want to support local businesses. He stated he thinks the first time the city received the first certificate of Performance was when they did the job. steve Dennis stated he would be remiss in his job as Chamber of Commerce if he wasn't here speaking on behalf of our local businesses. Any time they can reinvest money back into our local communities, it comes back to us. He feels we have a good firm that has been with us a very long time, providing they can provide the service. He hopes the Council would possibly reconsider this and select the local firms that affect our local community and our local economy. Councilwoman Rhodes stated that would be their priority in all cases. She is personally going to go for the local firm every time. since money was relatively equal, there were other concerns. City Manager Hooper went over the list of Committee members and the unanimous observation of the Committee with regard to the differences in the interviews of the two firms. He then commented on the reference checks. City Manager Hooper informed Council if they wish to interview both firms, he has no problem with that. He thinks it is way off base to insinuate the other firm had a price advantage, that they did something wrong. This is the firm that asked for the price, not the other firm. He has been involved in many selections of professionals and he has never seen anything like this. Councilwoman Rhodes stated she feels they are in the middle this. She is inclined to hear a presentation by both firms. She would like to gauge that perception for herself since she has to vote on it. The references will also be taken into account. Councilman Brown stated he trusts City Manager Hooper's decisions. He would like to also hear a presentation. Councilwoman Rhodes stated the Audit Selection Committee's decision carries weight with her. She wants to be as fair as they can be. She thinks the Committee made a good decision and it may be the decision in the end but she is in favor of giving them another opportunity to present a case because they are local. Page -3- Council Regular Meeting September 25, 2000 '-' ....., Councilman Vincenzi stated he would not oppose a presentation if everyone else wanted to hear it. He also values City Manager Hooper's opinion and he feels the people on the Committee are reputable. He thinks the presentation tonight bordered on unprofessional because of the aggressive attitude of the presenters. Councilman Brown was not appreciative of Mr. Kish almost accusing our City Manager of not doing right. Mayor Schmidt stated it sounds like they will go with a presentation. City Manager Hooper stated they would do it on October 23rd. He is going to request the October 16th meeting be moved to October 23 rd. Councilman Vincenzi asked if there is a time factor as far as when someone has to be hired. City Manager Hooper stated the year end closeout becomes critical between now and January. Councilwoman Rhodes suggested having a Special Meeting. City Manager Hooper agreed to look into this. He informed Council of their Special Meeting coming up with the Economic Development a week from Wednesday. City Manager Hooper asked if they would be interested in hearing it that night. Councilman Brown and Councilwoman Rhodes felt that was a good idea. Mayor Schmidt asked if that is pending Ernst & Young being able to make it. City Manager Hooper informed him yes. Mike Visconti, 316 pine Breeze Drive, commented on the Convenience Benches. He feels they are too close to the road. He would like to see the new ones that are installed put back ten or fifteen feet from the roadway. CITY COUNCIL REPORTS Councilman Brown commented on an article in the Observer regarding Kelly Hayashi who is looking for contributions to go to Washington D.C. He would like to see if the City could come up with some money to help her. Councilman Brown spoke about having 96.8% compliance on Code Enforcement. He thinks the Code Enforcement people are doing an excellent job. Councilman Vincenzi stated he still sees the rock pile on Park Avenue. He has received phone calls from people regarding the speed limit on u.S. #1. He has observed where the speed limit is 55, people typically go 70 or 75. He asked when they are considering what to do, maybe they could have better enforcement down there. City Manager Hooper stated he is working with Mike Snyder, the District Secretary, who has agreed to have his staff look that over one more time and we are going to have speed surveillance at that intersection which starts this week. Councilwoman Rhodes stated she received an e-mail regarding garage sales. People were complaining about not being allowed to put up signs off-site. The ordinance for garage sales has not changed, it is being enforced now. She stated in a month they will be reviewing the Code. She has spoken to City Manager Hooper and suggested that her hope is that they will allow garage sale signs that must contain the date of the garage sale and if they are not gone the next day, then Code Enforcement will get involved. She would like more public input on this. Councilwoman Rhodes wished Bill Hill good luck. Mayor Schmidt stated earlier tonight a lady approached them about safety concerns she has with kids and street lighting issues. He spoke about how early the children are out there. He is going to meet with Mr. Corder tomorrow. He read the letter written by the concerned lady. He further commented on street lights. Page -4- Council Regular Meeting September 25, 2000 'W' ..."", Mayor Schmidt stated at the VCOG meeting tonight they found out we now have a Volusia County Manager, Cynthia Coto. He has given Council a small biography on her. City Manager Hooper further commented on the garage sale signs. He spoke about the rotation among the hours of the Code Enforcement personnel. They are now working weekends as well. Councilman Brown spoke about not being able to put signs on telephone poles. Mayor Schmidt asked the chances of having centralized places to put signs. City Manager Hooper stated he thinks the people that put them up want to put them at the end of their streets. He feels there would be traffic problems also. Councilwoman Rhodes said unless it would be in an area where you could park and look at them. Mayor Schmidt stated there are large parking lots at each end of the City. Maybe there is something they can work out. Councilwoman Rhodes informed Council it was a CAPS officer that showed up regarding her garage sale and it isn't costing the City a penny. City Manager Hooper explained Code Enforcement is doing much more with obtaining enforcement without having to go through the process. They are using other police officers as well as CAPS and the actual enforcement officers. PUBLIC BEARINGS. ORDINANCES AND RESOLUTIONS A. 2nd Reading. Ord. No. 2000-0-21. Amendinq ChaDter 9 (Finance) bv Establishinq Article III (Additional Homestead ExemDtion for ~enior citizens). Legal Assistant Matusick read Ord. 2000-0-21. Mayor Schmidt opened and closed the public hearing due to there being no comments. Councilwoman Rhodes moved for approve Ord 2000-0-21, second by Councilman Vincenzi. The motion CARRIED 4-0. B. 2nd Readinq. Ord. No. 2000-0-22. Amending ChaDter 12 (Offenses & Miscellaneous Provisions) by Establishinq Article IV (Adult Entertainment) City Manager Hooper identified the change made to this ordinance per the request of Council. Legal Assistant Matusick read Ord. 2000-0-22. Mayor Schmidt stated on Page 2 there are two number three's. He asked if that should be three and then four. City Manager Hooper informed him yes. Mayor Schmidt opened and closed the public hearing due to there being no comments. Councilman vincenzi made a motion to approve Ord. 2000-0-22, second by Councilman Brown. The motion CARRIED 4-0. CONSENT AGENDA A. Economic DeveloDment Board ADDointment - Councilman Brown to consider Board's recommendation to aDDoint Rich Morin to fill the remaininq term of Charles Gianino who recent Iv resigned due to relocatinq out of the area. B. Planninq & Zoninq Board ADDointment - Councilman Vincenzi to consider Board's recommendation to aDDoint Charlene Zeese to fill the remaininq term of her late husband Carl Zeese. Page -5- Council Regular Meeting September 25, 2000 'W' ...", C. FDOT Maintenance Renewal Contract - staff recommendinq a09roval of contract for city to oerform various tyoes of maintenance on US 1 and SR 442. and to be oaid an annual sum of $15.919.68. and authorize the Mayor to execute this Memorandum of Aqreement. D. Grant Agreement with Deoartment of Environmental Protection - staff re90mmendinq approval of Aqreement for grant of $150.000 for the construction of new ballfields at Hawks Park Recreation Complex. and authorize the Mayor and city Attorney to execute the documents. E. Convenience Benches - staff recommendinq termination of current aqreement between the City of Edqewater and Associated Marketing Inc.. and replacinq them with 20 selected benches and trash receotacles. to be located at hiqh traffic areas. for aooroximatelY $8.000.00 F. Audit Services - staff recommendinq Council authorize contract neqotiations for audit services with aoorooriate contract to be drafted for Ernst and Younq LLP. Contract will be oresented to Council on October 2.2 000 aqenda or as soon as oossible. Item.F was removed from the Consent Agenda. Councilwoman Rhodes made a motion to accept the Consent Agenda, second by Councilman Vincenzi. The motion CARRIED 4-0. OTHER BUSINESS There was no other business to discuss at this time. OFFICER REPORTS City Clerk Wadsworth had nothing at this time. Legal Assistant Matusick had nothing at this time. City Manager Hooper 1) Discuss olacement of transit shelters at official bus route stoos City Manager Hooper informed Council the October 16th meeting has been moved to October 23 rd. City Manager Hooper reported they received a request to put shelters with advertising at selected areas. He recommended against it, but instead to place the newly approved convenience benches in those areas. He said to ask Votran if there are any areas needing protection from the weather, if so, they could locate at those sites wood and plexiglass bus shelters with no advertising. Mayor Schmidt commented on the street Scape that has been done in Holly Hill. They have also used some plexiglass bus stops. They do have one side that has an advertising board on it. He feels they look very professional. He would like someone to go and look at them and take a picture for those that haven't seen them. He feels they are modern looking and very nice structures. City Manager Hooper agreed to look into this. CITIZEN COMMENTS/CORRESPONDENCE There were no citizen comments at this time. ADJO~ENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 8:55 p.m. Page -6- Minutes submitted by: Lisa Bloomer Council Regular Meeting September 25, 2000