09-29-1986 - Special
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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ATTEST:
COU CILMAN - ZO E TWO
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COUNCILMAN - ZONE HREE
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c:9bUNCILMAN - ZONE FOUR
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Approved this 20th day of
October , 198 6
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-9- Council Special Meeting Minutes
September 29, 1986