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09-29-1986 - Special Q Q CITY COUNCIL OF EDGEWATER SPECIAL MEETING SEPTEMBER 29, 1986 MINUTES Mayor Baugh called the meeting to order at 2:00 PM in the Community Center. He stated the items on the agenda. ROLL CALL Mayor Earl Baugh Councilman Louis Rotundo Councilman Russell Prater Councilman Neil Asting Present Present Present Present Councilman James Inman City Attorney Jose'Alvarez City Clerk Connie Martinez Chief Lawrence Schumaker Present Arrived Later Present Present Also present were: Mr. Terry A. Wadsworth, Utilities Superintendent; Mr. Gerry Hartman, Mr. Frank Marshall, Mr. Ron Ferlin, and Mr. Keith McCully, of the City's consultant engineering firm; Mr. Gerry Ferrara, in-house City Engineer; and Mrs., Lynne Plaskett, Planning Assistant. Councilman Asting suggested that Chief Schumaker be excused at this time and since there was no objection from Council members, he left the meeting at this time. Bills and Accounts- Councilman Asting moved to pay these bills and accounts. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Martinez noted there are three additional bills to close the fiscal year, one to Community Council on Alcohol and Drug Abuse for a luncheon for the Mayor on October 10th for $12.50; one to Aero Life Support for the head support we're required to have for Menard Park, which was ordered 4 months ago and cancelled off the purchase order because they didn't think they'd get it, and now it's arrived and we do want to keep it, for an amount of $48.50; and the third is for the City Attorney's bill from 9/9 to 9/29 for $910. She pointed out the total for the three is $971.00. Councilman Asting moved to approve the payment of these supplemental bills. Councilman Inman seconded the motion. Motion CARRIED 5-0. Request to close out delinquent utility accounts - City Clerk Martinez read the September 19th memo from Karen Rickelman, Data Processing Coordinator/Assistant Finance Director, in which she requested delinquent accounts totalling $1,750.82 be written off as bad debts for the fiscal year ending September 30, 1986. Councilman Asting asked if there's any way to collect this money and City Clerk Martinez replied that every internal avenue has been exhausted and it doesn't eliminate it in 5 or 6 years. Councilman Asting asked if they no longer are in the City and City Clerk Martinez agreed that's correct. She added that some may be when they took meter deposits from tenants. Councilman Rotundo noted they just take it from property owners now and City Clerk Martinez agreed that's correct. Councilman Rotundo moved to grant this request. Councilman Prater seconded the motion. Motion CARRIED 5-0. Rotary Club of N.S.B. request to hold Amusement Carnival at Florida Shores Plaza October 8-12, 1986 - City Clerk Martinez read the September 22nd letter from Mr. Donnie J. Williams. Councilman Rotundo asked if they'll take care of the insurance and Mr. Williams replied yes. Mayor Baugh requested that he furnish a copy of the insurance. City Clerk Martinez asked if sanitary facilities and water needs are the same as before and Mr. Williams agreed it is. She then asked if they'd need additional police protection and Mr. Williams replied they didn't last time. Councilman Prater moved to grant him his request. Councilman Asting seconded the motion. Motion CARRIED 5-0. Bid opening-Western wellfield and Park Ave. wellfield modifications - City Clerk Martinez certified that bids were received from the following: W.E.D.Contractors, Inc.; Travis Williams Construction Co.,Inc.;Southern Comfort Builders Inc.; K&L Contractors, Inc.; Water Processing Company; Wharton-Smith,Inc.; and McMahan Construction Co.,Inc. Councilman Asting asked that Mr. Wadsworth explain for the audience the importance of tying into the wellfields. Mr. Wadsworth explained it's modifying two existing wells, #4 and #5, to bring the, flow capacity up with the four new wells, and it's pumps and motors and pro- tective fencing and connecting piping to the raw water tranmission lines. City Clerk Martinez opened the bids and read the totals: W.E.D.Contracts,Inc.- $218,800.; Travis Williams Construction Co.,Inc.- $285,532.; Southern Comfort Builders Inc.-$ 269,500.; K&L Contractors,Inc.-$254,000.; Water Processing Company- $304,400.; Wharton-Smith, Inc.-$218,600.; and McMahan Construction Co.,Inc. - $213,000. Mr. Hartman noted that their estimate had been $216,000. Mayor Baugh recommended they turn this over to Terry Wadsworth and the engineers to bring their recommendation back to Council. Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. ~ o o City Attorney Alvarez arrived at the meeting at this time, 2:14 P.M. Mayor Baugh recessed the meeting at 2:17 P.M. for the engineers to set up their equipment. He called the meeting back to order at 2:22 P.M. Florida Shores wastewater master plan presentation by Dyer, Riddle, Mills & Precourt, Inc./Marshall, Engineers - Mr. Marshall introduced Gerry Hartman and Ron Ferlin with Dyer, Riddle and his new association Keith McCully, with Marshall, Engineers. He stated they compiled the report to determine popu- lation projections and wastewater flow projections for Florida Shores. He noted that parts of Florida Shores have hard pan soil which limits the permeability of water that flows on it. He pointed out there were no requirements for improvements when this subdivision was accepted into the City. He noted the problems are occurring with the septic tanks and drain fields due to density and this is only about 35% developed. He reviewed the drain field and septic installations, and noted that elevation is 10 foot in most of Florida Shores, and with this density the can't make septic tanks work. He noted that present City ordinances will prevent this occurring again. He referred to the studies made in 1975 by Briley, Wild. He noted they're putting in roads and water lines in Florida Shores and installation of a sewer line could be tied into all the improvements. Mr. Marshall showed slides and reviewed some of the pages in their Engineering Report. He said they've been building about 425 houses per year in the City. Mr. Marshall stated they divided Florida Shores into 5 phase areas and he reviewed the figures, noting they didn't look too much at commercial flow. He noted the ultimate flow is l~ MGPD and it presently receives ~ MGPD. He reviewed the flows by phases, noting that when phase 3 comes on line, they will exceed the existing wastewater treatment plant capacity. He noted that they based amount of flow from each home on 2~ people per home, with 90 gallons per person per day. He added that with the present rate of growth, Florida Shores will be built out by 2019 or 2010. Mr. Marshall reviewed section 50f the report, noting they came up with 5 separate layouts which show conceptual layout of the gravity collection system. He said there's a large interceptor system in the center of Florida Shores that accepts flow from several areas. He noted that the City's ordinance states only certain improvements can be used with impact fees and includes the inter- ceptor system and gravity collection systems cannot be directly funded from these fees. He said if they can design the system with interceptors, it will lower the costs and cut down on the level of assessment. Mr. Marshall said that phase 1 has one master pump station, phase 2 has one master pump station and force main that runs to the interceptor, phase 3 has two pump stations, the same as before, and going to the next pump station, phase 4 has two pump stations, and phase 5 has one pump station because it's smaller. He pointed out this is not a final decision, but is conceptual for the purpose of costing. Councilman Asting asked if the figures on page 5-4 are correct and Mr. Marshall replied yes, at 7~ million. Mr. Marshall said these figures are when work will be done, and the costs include design, construction, testing, etc. He pointed out they need the money before they start the work but the flow doesn't start until it's done. He noted the present plant has a capacity of 1 MGD permitted, and they'll exceed the discharge limit with phase 2. He pointed out they'll have to upgrade the present plant at phase 3, and with filters they can treat up to about 2~ MGD in 2010. He noted that some of the equipment at the plant will impacted by the flows coming from the existing service area. Councilman Asting asked how much they can expand the plant, and Mr. Marshall replied they figure about 2~ MGD. -2- Council Special Meeting Minutes September 29, 1986 o (.) Florida Shores wastewater master plan presentation by Dyer, Riddle, Mills & Precourt, Inc./Marshall, Engineers CContinued)- Mr. Hartman noted on the existing plant they'd go from 1 MGD and expand it by l~ MGD on that site and utilize the existing outflow and effluent with filtration at a higher level to get the effluent to the river. Councilman Asting asked how many connections 2.5 would cover and Mr. Hartman replied about 11,000, and it would be 27,500 to 28,000 population. Councilman Asting pointed out the existing plant would more than serve the needs for several years and Mr. Marshall agreed. Mr. Marshall pointed out they didn't look at any large developments outside of Florida Shores, either inside or outside the City limits. He added they have to get an increase in the waste load allocation and they have some discharge left in the permit. Mayor Baugh asked about another sewer plant at the south City limits that could be tied in to this flow. Mr. Marshall replied yes, and when they reach the 2.5 MGD they'll be hitting the maximum at that site. Mr. Hartman noted they can maximize it at 3 MGD but without acquiring more land, it's thought to be 2.5. Mr. Marshall showed a slide that depicted by 1992 they'll exceed the capacity at the wastewater plant with phase 3 going on line. Mr. Marshall stated that on table 6-2, page 6-8, they have a cost estimate to increase from 1 MGD to 2 MGD ont he existing site using the existing plant with 3.3 million dollars, which includes engineering costs and contingencies. He showed on the slides the construction table they used to prepare a financial plan. He said phase 1 would start mid 1988 and be completed in January of 1990; phase 2 would start in January 1990 until January 1991, phase 3 would be January 1991 to 1992, and phase 4 would be 1992 to 1993, with phase 5 ending in 1994. Mr. Marshall showed a summary of costs of 7.54 million with 3.3 million for the wastewater plant. He noted they usually have the ones who benefit pay for the services for a source of revenue. He noted with the existing impact fee for new homes that request service they have to pay an impact fee of $1,000 and a connection fee of $150. He said they can apply front foot assessments at amounts of about $650 per building lot. He noted that 14% of the cpaital they need has to come from other revenues and that could be surplus capital operating revenues and expenses, interest on any investments, or utility franchise tax that is presently being used to payoff some other bonds. He noted that payment of impact fees and assessments will not occur at one time, and it will take about 10 years to assimilate the system in. He added that new construction will pay the impact fee before they get a building permit, and the front assessments will be paid by everyone at one time. He suggested that when the City considers the financial package they might want to offer to finance the assessments or give them incentives to pay it off. Mayor Baugh asked if the payments will be over 10 years and Mr. Marshall replied yes. Mayor Baugh asked about the connection fees and Mr. Marshall said the State law says they have 365 days to pay, and impact fees are due when the connection is made. Mr. Hartman pointed out that if they already have a septic tank and it doesn't give them any problems, they might not want to hook up to the sewer. Councilman Asting asked the cost to install a septic tank and Mr. Marshall replied it's $1,200 to $1,500. Councilman Prater asked if there's enough room on the sides of the road since they're paving the streets. Mr. Marshall replied no and the right of way is 50 feet and manholes should not be in the swales because there will be a float problem. He added that by going down the center, they can serve each side. Councilman Prater asked if they can bore under it and Mr. Marshall replied that it's very expensive. Councilman Prater asked about closing off the septic tank and Mr. Marshall replied they have to fill it with sand. Councilman Prater noted that some areas have septic tanks in the front and some in the back. Councilman Rotundo pointed out that the City provides it to the their property and the homeowner is responsible to connect it. Councilman Prater asked about the duplexes with one septic tank and Mr. Ferrara replied they'd provide a "y" in that location. -3- Council Special Meeting Minutes September 29, 1986 o o Florida Shores wastewater master plan presentation by Dyer, Riddle, Mills & Precourt, Inc./Marshall, Engineers (Continued) - Mr. Marshall noted they'd looked at low pressure systems and determined it was not cost effective to do it, as there's a problem with going in after the homes are already there. Mr. Ferrara pointed out they'd evaluate the depths in the back and most of the time they go to the front. Councilman Rotundo asked if costs to repair the roads is in this cost and Mr. Marshall replied that some of them are and the costs have contingencies. He added that it will be within 10%. Councilman Asting noted their dilemma about complaints of dust problems and conditions of unpaved roads and now they have to run a trench down the center of the roads. Mr. Ferrara noted it will be expensive to replace these roads at $20 per foot. Mr. Marshall suggested they coordinate with the paving. Betty Bird, 2612 Willow Oak, asked if this could be done before the paving. Mr. Marshall replied it's a possibility but they want to look at the least impact on finances. Ms. Bird asked if there's an added monthly charge after the $650. City Clerk Martinez replied the service is 100% of the water bill. Bill Klein, 2910 Needle Palm, asked if the impact fee is $750 and Mr. Marshall replied it's $650 for the assessment, and it's $1,000 currently. Mr. Klein asked if $650 for assessment for each new home. Mr. Marshall clarified that it's an impact fee of $1,000. and connection fee of $150 for a total of $1,750 for the full package of providing service to the right of way line and then there would be the cost to hook it up. Mr. Marshall noted that the value of the house has increased at least that much. Mr. Klein asked why the proposals are coming in on a project that won't be complete until 2009. He said the cost estimate for the sewer treatment plant is one million dollars additional to the taxpayers if they wait to put it in. He added there's a 5% increase each year and 20% contingency. Mr. Marshall pointed out the improvements in phase 1 are done in one year. Mr. Klein asked the total cost if they go with everything now. Mr. Marshall replied they didn't look at that and they were told to look at it now and they were told to look at in the phase manner. He added that there was a 20% contingency fee for each year. He noted there's a cost savings by doing everything at the beginning and they can come up with a complete financial plan, and to put off construction will increase the cost due to inflation. Mr. Hartman noted they don't have the money in the bank, and he reviewed how a bond could be obtained. Mr. Klein asked them to consider starting it and putting it under one price as they've waited 30 years and nothing has been done. Mr. Hartman said they can look at the indebtedness ratio of the City and the net assets. Councilman Prater asked about bids to a contractor for doing it all at once and then he'll say it will take so many years to do it. Mayor Baugh said they can set it up and then do it by phases and get the money for those phases. City Clerk Martinez pointed out that 2010 is when Florida Shores will be built out and the sewers will be done in five years or so. Mr. Marshall reviewed the summary of costs on page 7-2 of the report. Mr. Hartman said they have to be sure the City sits on a sound financial basis and he'll meet with the Attorney and financial advisors. Mr. Marshall suggested they accept their findings and implement the master plan and allow them to prepare a scope of service to begin the work and to meet with the financial consultants to get the final financial plan to be presented. Betty Bird asked if the cost per homeowner includes the updating of the wastewater treatment plant. Mr. Marshall replied that the costs are for the increase in capacity. Ms. Bird stated that the whole City will not pay for the update. Mr. Marshall replied that everyone pays the utility taxes. Ms. Bird said they were told that Florida Shores does not need an update and the newly annexed land will cover it. Mayor Baugh said it's what the ones who are already connected have already paid. Mr. Marshall pointed out they did not consider anything except growth in the existing subdivision where sanitary sewers already are, and only those people who impact the plan pay for it. -4- Council Special Meeting Minutes September 29, 1986 o u Florida Shores wastewater master plan presentation by Dyer, Riddle, Mills & Precourt, Inc./Marshall, Engineers (Continued) - Betty Bird (Continued) - Ms. Bird stated they'll need a new plant sooner because of the newly annexed land because they'll get the sewer system before Florida Shores. Mayor Baugh replied the money will still be there and it will be done in the same time schedule. Mr. Marshall again stated they looked only at growth in Florida Shores. Ms. Bird said they don't want to pay for an update on a sewer system they don't have. James Hatfield, 236 Old County Road, asked about 5 phases in 5 years and 600 annexed homes in phase 5 being serviced without coming through the other phases first. Mr. Marshall replied that it's incorporated in their design and they'll look at sizing the master pump station to handle whatever is annexed or other large tracts. He added they separated the costs for Florida Shores and when they go to preliminary engineering, they'll find they need a larger station and that impact fee will be paid for by the developers. Mr. Hatfield stated that people in other phases will be upset that others get it before them. Mr. Marshall noted they were asked to look at in the phase basis and they can change the phases but it will still take the same length of time. Mayor Baugh stated that if they annex property south of the City, the service will be available to them prior only because of construction time in Florida Shores and there might be an existing line they can hook into. Betty Bird said they're adding to U.S.l from the Florida Shores area. Mayor Baugh pointed out it's behind Silver Ridge. Ms. Bird asked if people in Florida Shores can vote on it and to pay so much to have the roads paved later. Mr. Hartman pointed out they have to have the full amount up front, and the developers pay up front for everything and the City doesn't have to finance the people they'll be serving. Ms. Bird asked if there's another way to put roads in Florida Shores and reuse the surface and Mayor Baugh replied no. Ms. Bird stated that the City is paying one-third which is the taxpayers' money. Mr. Marshall said they're asking Council to accept the findings of the report and implement the master plant to direct them to do the scope of work and meet the financial consultants, Brent Millikan & Co., and prepare an final financial plan to present to Council. Mr. Ferrara asked if this has to be put out to bids. Mr. Hartman replied they're asking to have acceptance of the report. Councilman Asting moved to accept the report. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Mr. Hartman requested they look at options for financing. Mayor Baugh recommended the City Attorney and Mr. Ferrara and the engineers get together and go over the entire project and bring back what is needed to implement it and start it. Councilman Asting suggested they authorize them to meet with the auditors. Mayor Baugh added they need to bring back the report. City Attorney Alvarez suggested that if they're thinking of a referendum to put a straw ballot on the election ballot, it wouldn't cost any more. Mayor Baugh asked if they can instruct them to pursue these avenues. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mayor Baugh called a short recess at 4:02 P.M. He called the meeting back to order at 4:12 P.M. New Public Library - Submittal of Library Grant Application - Mrs. Lynne Plaskett, Planning Assistant/Grant Administrator, stated that to apply for the grant they need an adopted and certified resolution or ordinance for the application which includes the items on the memo. She read the list and noted that some items will come from Mr. Wheeler from the County Library. She stated that November 20th is the deadline and there's a lot of work to do. Mrs. Gayle Harmon, Librarian, stated that she'd given Mrs. Plaskett a copy of the contract between the City and the County. City Clerk Martinez recommended it be accepted as presented and given to the City Attorney for resolution preparation. Councilman Asting moved to turn it over to the City Attorney to comply with the submittal for the library grant application. Councilman Inman seconded the motion. Motion CARRIED 5-0. -5- Council Special Meeting Minutes September 29, 1986 ~ ~ o New Public Library - Negotiating with architect recommended by Library Construction Committee - Mrs. Plaskett introduced Dana Smith and Mr. Gerken of the firm of Gerken, Upham, Smith, Architects and Consultants, Inc. She stated that in selecting an architect, they had meetings and presentations and have narrowed it down to the top three, with this firm being the number one choice. She said this meeting is to negotiate the contract between the City and the architect and if they can't come to an agreement or they can't negotiate, they'll then go to choice number two, which is Designer Arts of Deland, but they can't go back to choice number one. City Clerk Martinez commented that it's in compliance with the Consultants Competitive Negotiations Act. Dana Smith stated that in 1973 Mr. Gerken helped to write the Consultants' Negotiations Act. Councilman Rotundo stated that he's on the Library Committee and asked if there's a conflict. It was decided to wait on the City Attorney's advice when he arrives at the meeting. Mr. Smith said he met with Gayle Harmon and Lynne Plaskett to get a scope of the project. He said the plan is for a 10,000 square foot library building and City forces to provide the following design services: boundary surveys, topographic surveys, stormwater and civil design, which includes drain water retention, sewer services and water services. He said they'll furnish basic design services in accordance with AlA practices which include: architectural work, heating and ventilating and air conditioning, plumbing, electrical engineering, structural engineering, and landscape design. He added that it's one fixed fee and they take care of the consultants. He stated that they broke it down into 5 different phases and they can stop anywhere along the line if something comes up. Mr. Smith stated that phase 1 is schematic design when they meet with library staff and City personnel and go over various items to come up with a plan to submit to the grant application which is due November 28th in their office. He said they need plans, elevation, site work and outline specifi- cations and that will be $5,500 for that phase. Mr. Smith said the next phase is design development, taking comments from the State and working with City and library personnel to refine that for better drawings and tie the building down to a real entity, which will cost about $6,300. He added that with each phase they'll provide a probable construction cost. Mr. Smith said the next phase is the construction documents phase with working drawings and specifications prior to going out to bid. He said final docu- ments and drawings from the engineers and landscape design and coordinating with the City, plus miscellaneous changes that have been called for, will be in this phase and the final figure of probable cost will be submitted, at which time they'll go out for bid. Mr. Smith said the final phase will be a contract administration phase and they'll see that the contract is completed in the City's best interest, and requests for payment come through them and any change orders will be taken care of. He said they figure about $35,000 for this and it's part of the total, which is a fixed fee. Councilman Asting asked if it will vary from the proposed fee and Mr. Smith replied when it's a signed contract it's not based on any changes and will not vary unless they stop somewhere along the line. Mr. Smith added that he gave Mrs. Plaskett the fee curves. Councilman Asting asked about phase four when they go out for bid because the City is well experienced in this, and he questioned if that's necessary. Mr. Smith replied that it will be necessary to clarify contractors' questions because they'll want to know what the drawings and specifications mean. He added that it will be critical work and telephone meetings and they advertise for bids. -6- Council Special Meeting Minutes September 29, 1986 o o New Public Library - Negotiating with architect recommended by Library Construction Committee (Continued) - Councilman Asting asked if bids go to them and Mr. Gerkin replied they could go to Council to open and review them and make an assessment, and then they could determine if they meet the requirements. He added that they'll be present when the bids are opened. Mr. Smith pointed out they have experience in the area and if something looks out of line, they'll tell them and there will be a change order. City Clerk Martinez asked the involvement at grant level and Mr. Smith said he just did one at Ormond Beach and they got the information needed before it was to go to the state. Mr. Gerken said it would be part of the schematic phase. Councilman Asting again asked about phase four with the bid process. Mr. Gerken explained that's a basic phase they go through and it's work to be done during phase four, and they send the documents out to bid, they mail them, and they answer the questions. Councilman Asting asked who will open the bids and City Clerk Martinez replied the City Council. Mr. Smith explained they advertise and contractors come to them for plans and specifications. City Clerk Martinez pointed out they did the bids for the consulting engineers the same way, and the road paving was done by Mr. Ferrara, and Council gets them back with their recommendations. Councilman Rotundo asked if a resolution or ordinance is needed to do that. City Clerk Martinez explained they enter into a contract for these items. Councilman Inman expressed his concern about the size of 10,000 square feet meeting future needs. Mrs. Plaskett said they projected it to the year 2000 if the growth continues as it is now. Councilman Inman said he doesn't think there's enough land there for expansion. Councilman Asting said they can go up for expansion. Councilman Prater asked if it's double deck parking for going up. Mrs. Plaskett said they'll go to under- ground retention and use the current retention area for parking. Councilman Asting noted that most of the parking will be for bicycles. Councilman Prater pointed out they have to furnish a certain number of parking spaces. Mr. Smith stated that's maintained by the City, and he noted they're required to have 25 with a 10,000 square foot building. Mrs. Plaskett said she showed 40 parking spaces on the sketch. There was a discussion about the age group of the largest users. Councilman Rotundo asked about the setback on Banyon of 60 feet and Mrs. Harmon said the parking can be in front but the building should be toward the back of the property. Councilman Rotundo said they can use some of that setback for parking and Mrs. Harmon agreed. Mrs. Harmon stated that one of the requirements was that the building be expandable. Councilman Prater asked if there's a Mosquito Control easement and Mrs. Plaskett replied it's 25 feet. Councilman Rotundo pointed out they anticipated 7,500 square feet and then they went to 10,000. Mrs. Harmon stated that 7,500 would meet the needs for 12,000 people, so they decided to go to 10,000. Mrs. Plaskett said she figured the architects' charges and came up with a figure of $38,000. -7- Council Special Meeting Minutes September 29, 1986 .. Q Q New Public Library - Negotiations with architect recommended by Library Construction Committee (Continued) - Mayor Baugh asked City Attorney Alvarez about the conflict interest of Councilman Rotundo as a member of the Library Committee. City Attorney Alvarez replied that under Chapter 112, if the vote is going to produce some gain for you or for someone you work for, then you have a conflict, and that's strictly a financial conflict. He added when you serve on a board and have to vote, then that might create a problem that you must decide if you feel you are not able to make an objective and impartial decision. Councilman Prater asked if he can ask a question and not vote and City Attorney Alvarez replied yes. Mrs. JoAnne Sikes, in the audience, stated that Councilman Rotundo has been on the Committee from the beginning and he voted on the land as a Committee member and Council member, and she asked if that makes a difference. City Attorney Avlarez replied that it's not unless he saw a situation and he felt there was no other piece of property to base a decision on, and there's no financial gain one way or another. City Attorney Alvarez stated that the Statutes call for a contract and the top firms are to be ranked 1, 2, 3 in order of preference by the City Council, and the City Council did not do that, but the Committee did. He said they'd have to adopt the Committee's recommendation, and the Committee's recommendation is not final binding, only the one from Council. He said he doesn't know if it's the proper delegation. Councilman Rotundo pointed out that Council appointed the Library Construction Committee to do all this and for them to make the recommendation to Council. City Attorney Alvarez noted they looked for land. Mrs. Plaskett stated they were told to make the architectural selection and narrow them down. City Attorney Alvarez said they served as a screening committee, but it's not the final ranking of Council, and the selection process is with the Council, and not with the Committee. Mayor Baugh asked if Council has to interview the rest of the top three. City Attorney Alvarez replied that the Statute definition does not involve any board, and whether or not the Council can substitute a board for that, he doesn't know and would have to research it. Mr. Gerken said it's the practice allover the state that the Councilor Commission can ask a board to make the recommendation for the top three and then Council has the opportunity to accept the recommendation as given, and they don't have to go back and interview the other two firms. He added that the County has been doing this for ten years. Mrs. Plaskett stated that if Council decides to go back and interview and then start negotiations, they'll not make the deadline. Councilman Asting pointed out the Library Committee is an official committee. Mayor Baugh requested a motion to accept their recommendation as a binding thing and then to vote on it. City Attorney Alvarez stated they have to know the Statute charges them to do this and they've chosen to do it differently. Councilman Asting moved to accept the recommendation of the Library Committee as being the official agency designated by the Council to make the recommendation and accepting their ranking. Councilman Inman seconded the motion. Mr. Ferrara suggested they list the three. Mrs. Plaskett stated it's in the memo, and Gerken, Smith & Upham is choice 1, Design Arts from Deland is choice 2, and William Faust & Associates from Daytona was choice 3. Motion CARRIED 5-0. City Attorney Alvarez explained this is a negotiating process to go to a contract and it will be prepared so the letter of proposal dated September 29, 1986, will be the basic element of the contract. Mr. Gerken said they'll use the standard AlA contract. City Attorney Alvarez said they need to look at the items contained in this proposal letter and get input from the City Engineer. Mr. Ferrara stated it sounds satisfactory and he'll have to meet with them to see what they need for boring to make their job easier. -8- Council Special Meeting Minutes September 29, 1986 '. '.. ...... T' , o o New Public Library - Negotiations with architect recommended by Library Construction Committee (Continued) - Councilman Asting moved that they enter into a contract with Gerken, Upham and Smith for architectural services concerning the new library per the letter dated September 29, 1986. Councilman Rotundo seconded the motion. Councilman Rotundo asked if that's the customary fee because they didn't establish the price for the building. Mr. Smith said it's based on 10,000 square feet for the building and everything contained in it. Mr. Gerken stated it's in line with other buildings of this size and he pointed out the fee schedule in their packets. Motion CARRIED 5-0. Mayor Baugh requested a motion to adjourn. Councilman Prater so moved. Councilman Rotundo seconded the motion. Meeting was adjourned at 4:52 P.M. Minutes submitted by: Lura Sue Koser &~ ~ r t ATTEST: COU CILMAN - ZO E TWO )tu~ COUNCILMAN - ZONE HREE .~ a_~ ~~~-<-- c:9bUNCILMAN - ZONE FOUR ~J rr::LE~;' i, (fJ:.7 Approved this 20th day of October , 198 6 MAi: -V f?4 ~ - -9- Council Special Meeting Minutes September 29, 1986