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