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HomeMy WebLinkAboutMinutes Council 052471WORKSHOP MEETING CITY OF PALM BEACH GARDENS MAY 24, 1971 The Workshop Meeting of the City of Palm Beach Gardens, was called to order at 8:00 P,M. May 24, 1971 with Mayor DeLonga presiding. The meeting was held in the Assembly Room at 10,500 N. Military Trail. ROLL CALL: Roll was called by the City Clerk. Present were: Councilman Kiedis, Councilman James, Councilman Orr, Vice Mayor Wiley and Mayor DeLonga. Attorney Brant and City Manager, Robert Carlson were present. CONSIDER Mayor DeLonga diverted from the agenda to consider the contract with Schwab CONTRACT WITH SCHWAB AND and Twitty prior to other discussions, as there was a representative present TW I TTY : to discuss the contract. Mr. Paul Twitty presented facts of the agreement contract. Mayor DeLonga stated there were two items he would like clarified: (1) Was the multiple used for the additional services and also for other professional consultants? (2) Would your firm consider signing of the contract with the acquisition of the land? MR.TWITTY: "Yes, that is quite alright to sign contract whenever you acquire the land, whatever date you want to establish. This is a standard contract. The additional services portion of the contract was something he could not foresee but if there were additional items added these would show up as change orders to be approved by the Council and the Architects would have to be reimbursed for this, as stated in the contract. It would be a rare situation if this paragraph of the contract is used, and that the contract was comprehensive enough that would entail most anything. The contract was set up for 24 months as indicated on second page, and would be coincided with the purchase of land, or any other date that would be deemed reason- able, but the 24 months should easily cover construction plans and completion. Negotiations could be entered for any extension or we would be willing to attach a sentence to this paragraph." �i MR. BRANT: "The contract was the governing factor which is attached to the Resolution and no modification of resolution would be necessary." He suggested consideration: To tie in the date that you acquire the land and set an Workshop Meeting May 24, 1971 Page 2 outside date for acquisition of the land, as it might be 6 months before you acquire the land, then add your 24 months and that there should be a cut off date on the acquisition of land. Mr. Carlson reported on the purchase of land and reported that he had been assured they would endorse the letter locally before it was sent forward to the main office. MR.CARLSON: "However the call I received today, they would still endorse it locally but they are not too receptive to two acres, and that was going to be a question of mine tonight to the Building and Steering Committee whether or not one acre would be sufficient because they are hesitant now upon endorsing anything over 1 acre. I did ask them to not delay the letter so that we could get an answer. It will take from 4 to 6 weeks to get a definite answer." Mayor DeLonga requested Vice Mayor Wiley of the Building and Steering Committee take this under consideration as to amount of acreage feasible u for the Fire Station. vice Mayor Wiley suggested that the Architects be working along with the Committee in planning the use of the amount of acreage necessary. Mr. Twitty assured the Council they would be willing to serve the City as a consultant along this basis such that we could implement the signing of the contract a little sooner. Mayor DeLonga asked if the Council would be in agreement to sign the contract if the effective date of the agreement would be the date of the acquisition or 6 months from this date whichever is the earliest, based on those conditions? MAYOR DELONGA: "There is one item to discuss with the Health Department, relative to the construction of a building that would be dedicated to public service, in as much as we have a building moratorium in effect." Council agreed with a policy to be set on the City's moratorium from the Health Department. Mayor DeLonga stated Mr. Lukin would be contacted for Workshop Meeting May 24, 1971 Page 3 a meeting for a determination of the issue. Vice Mayor Wiley suggested that Attorney Brant and Schwab & Twitty Architects get together to prepare coverage as to termination and modifying the contract and include the budget figure for the building in amount of 125,000 with 115,000 as basis for the building figure, and report back to council next week. Mr. Twitty assured the Council an attachment to cover this could be made as to amount and for what services. Council was in agreement for the cost of the Fire Station in amount of $125,000 for construction, in include the architects fees. Vice Mayor Wiley stated: The figures quoted were $125,000 Construction of Fire Station, $15,000 for land, 659000 equipment, 5,000 for legal fees and bond attorneys. INVOICE FROM Mr. Carlson reported that he had gone over the figures with Mr. Lawrence EUGENE LAWRENCE ARCHITECTS: and that Mr. Lawrence admitted there was a mistake in the formula, and he revised the figures and presented new figures to the Council for approval. After consideration of the revised stated figures, Mayor DeLonga requested Mr. Carlson to present a written statement before action be taken on the payment of the invoice. Vice Mayor Wiley questioned whether the 95 day override should be borne by the City or the concrete firm in corrective work. ATTORNEY "Actually Mr. Lawrence is setting this up to account for the time delay as BRANT: far as the concrete problem in the construction phase. The 95 days is from January 1 to April 10, 1971." Council discussed and was in accord to table the subject of the invoice of Eugene Lawrence, Architects subject to the revised figures from Mr. Carlson and a written opinion relative to the City's obligation connected with the 95 day override from Attorney Brant. Mayor DeLonga stated he would like to have Mr. Lawrence at the next workshop meeting when all the figures were presented. Mr. Carlson asked for two questions answered in order to compile his figures. i Workshop Meeting May 24, 1971 Page 4 MR.CARLSON "Under the contract in the separate stipulated sum contract, is or is not QUESTION #1 the Architect entitled to 9% on the Riteway Contract ?" ATTORNEY "Legally yes in my opinion. if we had taken the alternate bids then, no, BRANT: it would come under the maximum cut off of $3009000." MR.CARLSON "Under additional services in 1.3.11 which reads providing contract QUESTION #2 administration and observation of construction after the contract time has been exceeded by more than 20% through no fault of the architect, is he entitled to that additional charge over the 20% for an override. What is the meaning of administration and observation of construction ?" ATTORNEY "You have to read both the architect's contract and the contractor's contract BRANT. in order to tie them together." MAYOR Read a letter from Eugene Lawrence regarding the fees to be charged by him, D eL.ONGA : and stated that: indicated in the letter that our committment stipulated a fixed limit of construction cost of $300,000 and indicated what the options were. Mayor DeLonga felt that there should be no additional overrides even for the Riteway Paving Company and we need a better set of figures to work from and resolve the situation. VICE- MAYOR "It is a known fact that there was an extended time that the Architect WILEY: did have to supervise work here but it boils down to what is the cause of that? Possibly Mr. Lawrence is entitled to additional fees. However, I don't think those fees should be borne by the City and we either seek we those fees from the concrete source as *ere led to believe that those fees were paid at the time that the corrective work was taken care of. If those fees were not paid that should be a side subject not even a problem of the Council. If they were paid then they certainly shouldn't be included in the discussions that we are going to have. That is a separate subject between Mr. Lawrence and anybody else involved, not us. If Mr. Lawrence gets it out of us that we in turn should take legal suit and be reimbursed from the concrete firm and feel no obligation whatsoever for costs that incurred to cover that situation. You might argue somewhat Workshop Meeting May 24, 1971 r'� Page 5 the fact that it may not have begin suitable supervision by the architect at the time it was allowed to proceed to the stage it was. That ►s another subject also." REPORTS: Mr. Carlson reported that the status of the City ►s application for HUD: participating funds in the open space program had been mailed and we are waiting notice of receipt. The next step would be the receipt of the City of a letter of consent to enter into negotiations for the purchase of land. RECREATION Mr. Woody Dukes, Recreational Director submitted a lay -out and program for RECOMMENDATIONS AND FINISH recreational use of the two rooms on first floor and was reported by Mr. ROOMS: Carlson as Mr. Dukes was speaking at the PTA at Alamanda School this evening Est'imated cost of finishing the rooms was presented by Mr. Carlson. Council discussed the recommendations. Mayor DeLonga felt that he could not see the two rooms completed this summer but that a firm approach to get an estimate on the air conditioning of the rooms should be made. Vice Mayor Wiley stated he would like to spend $10,000 for the teenagers room. Mayor DeLonga announced that Mr. Dukes was having a meeting here Wednesday night and anyone interested was invited to attend. Council authorized the City Manager to spend a nominal fee for getting specifications for the air conditioning of the two rooms. ORDINANCE Mr. Carlson presented final recommendations of the Ordinance Review Board REVIEW BOARD: and recommended to the Council that each item for change be reviewed by the Council and assign various ordinances for changes to subsequent meetings for action. Council agreed and Mayor DeLonga suggested that the Code of Ethics also be included, and the important ones to him would be the leash ordinance, annual inspection of swimming pools and the sign ordinance regarding clean up after completion of work and probably consider the posting of a bond for such performance. PETITIONS Mayor DeLonga read the letter of resignation from Fred Kaucher who has AND RECOMMENDATIONS: accepted a job with the City of Gulfport, Florida. Mayor DeLonga expressed that he was sorry to lose Fred but happy for a promotion. Council felt that Larry Slay should be contacted to verify if he was Workshop Meeting May 24, 1971 Page 6 planning to return to work with the City on his termination with the Service before any decision is made as to hiring a Supervisor. CENTRAL Mayor DeLonga read the recommendation from the Planning and zoning FIRE ! STATION: Commission in which they are in accord that the Central Fire Station be Located in the general area between Burns Road, Military Trail, PGA Blvd., and AIA. Council concurs with the recommendations. COMMUNITY A request for a pledge for financial aid by the Community Health Center was HEALTH CENTER REQUEST: read by Mayor DeLonga. Council agreed to take this under advisement and perhaps include this in the 1971 -72 budget. THANK YOU: A thank you letter from Architect, Arsenicos for the manner in which the Committee conducted their interviews was read by Mayor DeLonga. PROCLAMATION: Mayor DeLonga read and signed a proclamation for Safety Week for May 24 through May 29, 1971. ORDINANCE Ordinance #4 -- Creating Beautification and Environmental Committee was #4: reviewed. Mayor DeLonga stated members of the Merit Board had been con- tacted regarding serving on this Committee and were willing to accept. Mayor DeLonga suggested rearranging items in Section 4 -- c to be e, d to be c and a to be d. Appointment of the members of the Board would be set up by Resolution. BUDGET Council discussed budget revision and agreed to no department changes. Mr. REVISION: Carlson asked Council to determine adjustments of Capital and Contingency Accounts. The City Attorney was authorized to prepare the necessary Ordinance for revision of the 1970 -71 General Fund Budget. RECOMMENDATIONS BY MAYOR AND COUNCIL: Mayor DeLonga announced the meeting at the North Palm Beach Council room for the teenage discussions for Tuesday, May 25, 1971 and that Monday, May 31, 1971 was a holiday and there would be no meeting. Monty Murphy had requested that Mr. Carlson, Vice Mayor Wiley and Mayor DeLonga participate in the TV program "Focus" which was scheduled for Wednesday evening and would be shown on TV sometime in June. Workshop Meeting May 24, 1971 Page 7 Mr. Carlson stated he would attend the 10th Anniversary of the RCA tomorrow, May 25, 1971 and partake of the cake as Mayor DeLonga could not attend. A request for vending machines for the complex was discussed. Council authorized the installation of soft drink machine and candy machine. ADJOURNMENT: Motion to adjourn by Councilman Kiedis, seconded by Vice Mayor Wiley. Time for the record 11:00 P.M. Mayor DeLonga Councilman James Y y -- Vice Ma or Wile Councilman Orr Thelma Compton,4' City Clerk Councilman Kiedis