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08-29-60 AUGUST 29, 1960. A Special Meeting of the Oity Council was held in the Council Chambers at 7:30 P.M., with Mayor Glenn B. Sundy in the Chair, City Manager George Mingle, City Attorney Richard F. Zimmerman and Council- men Charles H. Harbison ar~ John A. Thayer being present. Mayor Sundy called the meeting to order announcing that same had been scheduled for the purpose of reviewing the final plans for the proposed New Community Center as presented by the architect, Hr. Roy M. Simon. City Manager Mingle asked Mr. Simon to review the proposed plans of the Community Building. Mm. Simon presented the complete working drawings and the specifications as presented before at an in- formal meeting. Mayor Sundy asked if anyone in the audience cared to look at the plans. Mr. Thayer stated that since the plans had been reviewed by the Council during his absence from town, he had talked today with Mr. Simon at length about them and is familiar with the plans as revised. Mr. Harbison stated "Since Mr. Thayer was away at the time of the last meeting where the cost was discussed, think it would be well for the thoughts about the anticipated costs to be brought up. If we are requiring additional action other than the contract that we entered into, think it would be fain for that to be brought out in detail, in order that Mm. Thayer would know what he was acting upon if it had not been brought out since the last meeting." Mr. Simon: "Ame you referring to the items not included in the c ontrac t~" Mr. Ha~bis°n: "I guess that is a pant of it, any place that it dis- agrees or may exceed what was anticipated in our former action where we increased the alloted amount to $130,000.00, any place where it may have changed from that, believe it would be good to bring that out.' Mm. Simon: "I believe it was understood by members of the council that within that $30,000.00 was included kitchen equipment, lockers, bleachers, etc. and it was discussed at the'time that plans as sub- mitted for preliminax-y approval had been estimated at about $98,000.00 cutting it to the bone was not providing adequate construction for a municipal building and that the increased budget up to $10.00 per square foot or an additional $30,000.00 would assize better material, better workmanship amd more equipment. Of these final drawings, due to the fact that since then there is an increase in price of construc, tion, I suppose that this Building will come within the allotment. I can,t say for sure because I have not made an accurate estimate as the contractor would, I could say that it would cost $120,000.00 but I do not know for sure. I can't tell for sure because I am not receiving sub-contract bids, so in order to do 'the building that I think the City should have I eXcluded some parts of the equipment, I have the four major items, a total of $15,000.00 worth of equipment that would go into this building and that would be termed as equipment that would go in after the building is built. These plans do not include the ~i'. bleachers, do not include the lockers, they include the installation but not the purchase of the kitchen equipment." Mayor Sundy: "In our discussion When we went from $100,000.00 when you and the Recreation Director were talking to us about the quality of the building, I believe that day that you said' the building would '. ~ be approximately $98,853.00; heat and air conditioning $20,000.00; seats $3,000.00; lockers $1,200.00; 288 seats; and this came to $123,053.00. Then we talked abQut the kitchen equipment and we in- creased this from $123,000.00 to $130,000.00" Mr. Simon: "This building,as the structure is now, the structure itself,excluding the kitchen equipment and seating fa..cilities which cannot be included in the figure and come within the $130,000.00, AUGUST 29, 1960. in as much as this eqttlpment ~$t be ptt~chased through the City ~d not t~o$ ~e con~aotoP o~ld be s~~t o~ a saving. If the building e~s in l~ en~$ to ~~aw f~ it ~ds to pu~c~se this equip~nt, it ~uld ~ a savin~ to ~e Ci~ not to be In the c ont~ao t." ~yo~ ~undy~ '~ ~d tn' ~ ~t ~e total cost with She seats, a~ conditioni~, ~d ~e l~s w~l~t go ove~ $1~0,000.00 when we maised it f~ $12~,000.00"  H~biaon: "As y~ ~ow,~. 8~on, in ~ plus fo~ the Ol~ Hall t ye~ we had qu~te ~p~ c~c~t~ces ~is~ng out of t~t ~d t~ Council is t~Fi~ to avoid ~th~nE of a s~l~ state. I believe ~at the idea of ~e Council m~e~s was to t~ to l~ut some kind of a ceiling on it so ~t we wmld e~ect It to come within cemtain liMts ~d If you pmopose to omit 'this $1~,~0.00 worth of equip~nt, I ~ess you a~e est~ti~ t~t $1~,000.00 ~e ~ou not~" ~. $~on: "We ~ve meceived p~ices." ~. Ham~son: "Would you cons~dem then t~t we would not have plus meeting o~ ~eqgl~ements as stated ~n o~ contract with you If the p~ice e~eeded $115,~0.00. In o~e~ wo~s I ~ me~ely deducting the $1~,000.00 because that ~s ~e way I ~l~ t~t the Council would have co~ide~ed that, it see~ to me t~t that I core, eot in possibly ass~ ~at o~ notT~ ~. Simon: "If ass~ to :withdraw $15,000.00 to p~chase thi~ e quip~nt~" ~. H~bison: "~ then t~t the plus have not met cum ~equimements accomd~ng to o~ contract unless the way you ~e talking of letting them here o~ askl~ fo~ bids, the bids ~uld ~ve to co~ fo~ $11~,000. 00 o~ less. Is ~at ~i~t o~ not?" ~. Simon: "~at Is ~l~t. I don~t w~t to be put on a spot." ~. H~bison: "We ~e tr~i~ to find out ~at you have ~at we don~t ~ve a ~sundemst~ding ~d you don~t have a ~s~de~- st~di~at the ends In othem wo~ds, If we let th~ out fo~ bids, we w~t to ~ow ~at we ~e ~ecti~ so t~t we don~t come up ~th a bid om the lowest bid of $200,000.00. We don~t have much of a way to ~ow what to e~ect ~at ~e bids will be, you dmaw the plus ~d Sou have a ~ch bette= idea ~ we do. Suppose ~ey come up fo~ 200,000.00. We don~t fig~e ~en that we have had plans that were meeting o~ specifications." ~. Simon: "~e specifications as f~ ~ the building, air condition- ing was In the ~equimements. ~e mecPeational di~ecto~ ~d I estab- lished the mequire~nts of the needs of the building to suit the City of ~at the City needs in the way of a Comity Centem, we a~rived at 16,000 square feet of building. ~is could not be done fo~ $100,000.00 so we broke it do~ to 13,000 square feet. It was thou~t ~t ~ me~od of co~t~ction of finding long lasting ~te~ial at the most econo, ca1 pmice we could get ~e bulldi~ to suit the city's needs at the Best p~ice possible. I feel that ~,000 squ~e feet of building ~de~ ~oof fo~ $11~,000.00 $120,000.00 iS doing ~$t~ fine ~ the quality of building we have here." ~yo~ S~dy: "~t I w~ted to be sure about. Roy~ Is o~ last meeting with you ~d ~. G~ay when we decided on $100~O00.00 that you didn.t thi~ you could get a suitable buildlng that would be lo~ lasting ~d easy to keep up for t~t, so you and ~. G~ay went into detail with it ~d c~e u9 with the fig~es that t~e building would cost a~ro~tely $98,550.00 $ air eondttioni~6 $20,000.00 288 seats fo~ $3,000.00 ~d the l~ kers. $1, 200. 00, making $123,000.00. ~e kitchen was discussed ~d we added $~,0~.00 onto t~t ~d as I remember, you ~d ~. G~ay s~d ~at was adequate coverage for the building, the bleachers, the kitchen equipment ~ the locke~s; also you stated ~at this building as set up would meet 'the ~equtrements." 2 AUGUST 29, 1960. Mr. ~tarbison: "If you Put this out for requested bids lets assume that we get a certain bid. Lets assume that without bids what we feel necessary including the approximately $15,000.00 worth that you think you might be omitting. Lets assume that we get a bid of $120,000.00, would we then have any position of knowing whether or not it has met the contract that we entered into with you~ Would you think that it had or it had not?" Mr. Simon: "I would think that it had." Mr. Harbison: "That it had even though with the other equipment would run it to $135,000.00 7" Mr. Simon: "The list of equipment amounts to approximately $15,000.00. Now this is the first specification of the equipment. Now we can cut out any number of hundreds of dollars from this $15,000.00 figure. This is the equipment we feel would give the best service to ~'the City. Now it was never said about how much of this equipment would go into the c ontrac t." Mayor Sundy: "For $123,000.00 for the building, bleachers, lockers, air conditioning, that left $7,000.00 for the kitchen equipment." Mr. Thayer: "His Job to me is to give us plans and specifications primarily for the building of sound construction and with the air conditioning and matter of equipment regardless of any suggestions that the City might be able to buy it better than he could through sub-contracting. In other words if we could get the building done for $123,O00.00 or less and if we can buy the equipment as we need it for a lesser sum perhaps than he, then we not only will save some money on the investment but as I understand it would save some money on the fee, is that right according to our contract? So it seems to me that it would be in o~der to approve the plans and specifications of the building and then to work On the matter of equipment knowing that we cannot go over $130,000.00 for the whole project." Mr. Harbison~ '~rom what we have here tonight we have no way of knowing, unless our motion indicates that the bids must be split to allow for additional equipment so that the two of them will not exceed $130,000.00, we would have no way of knowing that this is what we a~e try~ to bring out here, at least that is the way it looks to me." Mr. Thayer: "It seem~ to me that it is not the architects project to work out equipment such as lockers and seats unless he could save the city money '~y go .d~lng. His Job is to put up the building in good construction with air conditioning and equipment agreed upon such as we want for a certain sum of money and the whole project not to exceed $130,000.00 including equipment. Now the point is can we save money by buying the equipment separately by the city or can he save us money by including it in bids." Mayor Sundy: "Did you have suggestions about letting it out for bids including the kitchen equipment, lockers and the fold away bleachers?" Mr. Simon: "I would suggest they all be included in the contract unless you specify exactly what you want. It can be used as a lever wherein if you don't get what you want -- add the facilities to meet the requirements." Mr. Harbison: "There was quite an important feature, at least it was important to the various members of the Council, concerning the over- all cost and I think they decided to take reasonable means to protect themselves on that to see that it didn,t exceed a certain amount. I wonder~ if it would be convenient and not require a long time possibly to get the contract and read the one or two paragraphs pertaining to that portion. It might give us some idea as to what steps we would like to take particularly if we are going to act on it as three members of the council. I felt that we had an understanding of the maximum amount and I wonder if it would not be alright and meet everybody t s approval possibly to approve letting the plans out for bids subject to the terms and conditions as set forth in the contract with the architect and subject to the addendum to that contract, in other words I think that w~Ald probably meet the standards and yet give~ us a AUGUST 29, 1960. chance to see that it meets what we had in mind too. I Would like to ask the opinion of the City Attorney there if he thinks that would not be appropriate." ATTORNEY ZIMMERMAN: '~/ou can certainly do that,gentlemen, and I think you ought to ask the architect how he feels about this, if it is agreeable to him, if there is any variance between what he has in mind and what you propose." Mr. Harbison: "Maybe Roy can ta/~e care of our problem. In other words if the bids come in with prices exceeding what we had in mind you would consider then that you had not met the contract, is that what I understand? Then it is subject to the conditions, etc. of the contract, you would have no objections to that then?" Mr. Simon: "The general contract is for building the community center and when the bids come in if they ame under $130, O00.O0,fine, If they are over $130,000.00 the council has the power to reject all bids. ,t Mm. Harbison: "On that basis,and with that understandin4~.I am perfectly willing to make the motion that we let the contbact for bids subject to the terms and conditions as set forth in the con- tract with the architect and the addendum to said contract." Mr. Simon: "However, I might state this to keep the bids requested on the original bidding of the Community Center, then in the event I mis-calculated the Council has the power to reject all bids or there might be places we can eliminate or cut down on quality to get under the budget. I still think right now that you are assuming the building is going to come in over the budget without the equip- ment." Mr. Harbison: "No, I don't think so Roy. I think that we are assuming that it might, in other words we don't know where it will come in, I don,t anyway and we want it to be understood that we still have a contract that we would like to protect ourselves and the City and you as well and each of us will know what the other is proposing and making it on the basis subject to certain conditions. I think that is all we have in mind, that's all I have in mind anyway. I see no objection -- where I would have no objection anyway on that basis and if we ame together on that I don't see where you would have any objections to make on that basis. I made a motion but it has not been seconded." The motion was then seconded by Mr. Thayer and carried unanimously. The following letter ,dated August 28th ~rom the Delray Beach Junior Chamber of Commerce was read: "The De]may Beach J~nior Chamber of Commerce are sponsoring a circus on November 8, 1960. The Clyde Beatty Circus-is well known all over the country. "Their agents will be in town about a week or so soliciting business. We wonder if there is any City Ordinance against such soliciting over the telephone. We are to furnish them an office and phone for a weeks time. "Thank_you for you cooperation in this matter." Mr. Worthing informed the council that there was no ordinance prohibiting such solicitation. Lora Britt and Ken Ellingsworth both protested against circus activities and associated details connected therewith. Mr. Thayer asked if it would be acceptable to the Jaycees with- out the telephone solicitation and could the affair be staged and held by them without such solicitation? Mr. RoY Simon, member of the J-aycees, stated that he would contact other members of the organization and if contract had not been entered into relative to providing for Telephone Solicitation he would inform the Jaycees of the Olty Council request to discourage any telephone solicitation aa a medium for adyertising or disposal of tickets. AUGUST 29, 1960. Upon question the City Attorney said that since the circus is being planned to be held outside the city limits the coUncil does not need to take any action on it, but the council could make a statement of its general feeling regarding conditions of circus operation and more particularly phone solicitations. Mr. Thayer added "In other words e~t~ress ou~ disapproval of telephone solici- tation or anything which might effect the general welfare of the city." Mr. Ken Elllngsworth, Manager of the Chamber of Commerce, in- formed the council that his office would contact the Jaycees and do everything possible toward discouraging the phone solicitation. City Manager Mingle then read the following two letters: ~1. '~' '.. ~ "DELRAY BEACH CHAMBER OF COMMERCE "City Council of Delray Beach August 25th, 1960 "Gent lemen: "We in the Chamber of Commerce feel very strongly that whenever possible Delray Beach municipal funds should be spent with the local business firms who are our members and who help support our local tax structure; with this in mind we wish to congratulate the City Council and its city hall project architect, Mr. Kenneth Jacobson, on its evident success in encouraging the Venice Construction Company to use local suppliers and subcontractors on this project. It is our understanding that where only one local firm was included in the con- tractors original list, there are now nine or ten Delray Beach firms who will participate in the erection of our City Hall. "We are sure that the retention of this business activity in Delray Beach will be a welcome business stimulus to us all. Thank you. e~y truly yours, s/Ralph D. Priesmeyer, President" 2. "Honorable City Commission August 25, 1960 Gentlemen: "I wish to thank you for placing tables, benches, and barbecue grill on the beach in Brin~ Breezes. These facilities are being enjoyed by the users of the beach. Several families have already picniced up there. "As a suggestion, if and when the city has any fill material, it Would be nice to place it on the western low portion of that property. Now most of it is filled with water holes ~ich breed mosquitoes, and looks rather unkept. As the land is filled in, the wild grass can be mowed and it will present a much more attractive park area. "I>know my fellow Beach Committee members Join me in expressing appreciation for your fine cooperation. Sincerely /s/ Catherine E. Strong, Secy. Beach Committee" The meeting adjourned at 8:45 P.M. on motion by Mr. Thayer and seconded by Mr. Harbison. R. D. WORTHING City C lerk- APPROVED: MAYOR ~' 5 AUGUST 29, 1960.