05-20-86SpMtg MAY 20, 1986
A Special Meeting of the City Council of the City of Delray
Beach, Florida, was called to order by Mayor Doak S. Campbell in the
Council Chambers at City Hall at 7:00 P.M., Tuesday, May 20, 1986.
Roll call showed:
Present - Council Member Malcolm T. Bird
Council Member Richard J. Dougherty
Council Member Marie Horenburger
Council Member Jimmy Weatherspoon
Mayor Doak S. Campbell
Absent - None
Also present were - City Manager James L. Pennington and
City Attorney Herbert W.A. Thiele.
Mayor Campbell called the meeting to order and announced that
this meeting has been called for the purpose of (1) considering author-
izing execution of contract with Medical Director, Dr. Fredric A.
Swartz; (2) considering approval of Special Bulk Trash Pickup - June 9
through June 28, 1986; (3) discussion of Additional Items for Police
Facility; (4) approval of Darby & Way, Inc., for Renovation of Physical
Education Area, Carver Community School; and (5) considering approval of
proposed agreement with Jane Baxter for placement of fence prior to
abandonment procedures being completed.
1. Mr. Bird moved for approval of execution of contract with Dr.
Swartz, seconded by Mrs. Horenburger. Upon roll call Council voted as
follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes;
Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a
5 to 0 vote.
2. Mrs. Horenburger moved for approval of Special Bulk Trash
~ickup, June 9 through 28, 1986, seconded by Mr. Weatherspoon. Upon
roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty -
Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell -
Yes. Said motion passed with a 5 to 0 vote.
Before roll call the following discussion was had:
Upon question by Mr. Dougherty, the City Manager advised that
on the last pickup the City was working with a figure of roughly $45,000
to $50,000 per collection and it totaled at $41,731. For the record,
Mr. Dougherty clarified that this amounts to about a 3.7 percent in-
crease over the last quarter's pickup.
At this point the roll was called to the motion.
3. Digby Bridqe~, architect, stated they have refined this and
after research feel that two major items should go out. Mr. Bridges
stated that the dispatch center will not suffer at all; it will be of
up-to-the minute technology for both the Fire and Police station. They
have taken out the barrel tile roof and the energy management system.
He also advised there is another item they will be refining down. As
the building itself is under a single tenant, the fire code only re-
quires the corridors to be of 20 minute fire protection; however, they
would like to spend about $12,000 of the $31,000 allocated here on
making a one-hour protected way from the dispatch center.
David Pomfret, gave a brief overview of the additions and
deletions, making reference to a memo furnished Council dated May 19,
1986; Mr. Bridges is asking specifically for items 1-24. The total
change order cost is $247,429. In addition to that, on the last two
pages, the owner's change order summary is listed which has updated all
the equipment that is required of a top class facility; they are recom-
mending acceptance of those items as well. As they relate to the
original facility, they have given Council a large pullout sheet which
shows what the original construction costs were and original estimate;
they are presently at $3,752,000 which is close to the $3,830,000
original estimate even with the additional change orders added in. The
bottom line at the moment is that their expense will be $4,807,000 as
against the original bond issue which was drawn at $5,000,000, so they
are approximately $200,000 within the allocated monies. Mr. Pomfret
advised they have an additional $75,000 contingency still intact.
Discussion was had between Mr. Dougherty and Mr. Bridges with
regard to Item Nos. 14, 22 and 10.
With regard to Item No. 3, water and sewer connection fees of
$31,510, Mr. Dougherty stated he felt this should be eliminated from the
project. The bids were taken on the basis that the contractor knew and
understood that the City was going to waive these charges; it is like
transferring money from one pocket to another and he felt it should not
be charged to this project whatsoever. Mrs. Horenburger stated she
would have no problem with transferring those funds from the bond
proceeds to the proper department that furnished this service. Upon
question by Mayor Campbell, the City Manager advised the item was
excluded from the original contract specifications and the City is to
pay the fees directly from the bond account to the Water and Sewer Fund;
and, indeed, it is part of the overall cost. Mr. Dougherty requested
someone to show him where the $31,000 is estimated in there; the City
Attorney advised he did not do the calculations but he would endeavor to
help. Mr. Bird stated the only reason for excluding it in the contract
is to at least not charge ourselves the pleasure of having the contrac-
tor put his profit on it; it is a direct charge, a charge that we charge
ourselves to keep the account straight.
Following discussion and upon question by Mayor Campbell as to
why if this figure is not a change order addition or deletion but a
transfer, wherein is the $31,510 in the original $5,000,000, the City
Manager explained the contractor built from a $5,000,000 budget back-
wards estimating the various and sundry costs. The $31,510 is a re-
quired cost that was not necessarily labeled in his first project cost.
Mr. Huddleston, Finance Director, advised the original project estimates
that were prepared for the bond issue itself categorized the financing
into five categories: building, telephone and telecommunications,
equipment and landscaping, architectural fees and contingencies. The
permits and other related fees would come out of the $558,000 con-
tingency. The monies that are available in the $5,000,000 project are
for the building of the Public Safety Facility and related items and
that is the purpose that is stated so in the bond.
Upon question by Mayor Campbell as to why it is a change order
if it was built into the budget, the City Manager advised that it is not
a change order; Mr. Bridges has labeled it as an owner's change order.
These are expenses that Council is obligated to do. His budget is
different from the one we work with.
Mr. Bird moved for the change order as requested, seconded by
Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird -
Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon -
Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote.
Before roll call the following discussion was had:
Mrs. Horenburger stated she believes the City is locked in
because our sewer board is a separate entity from the City; with regard
to the waiver, we don't own the sewer plant alone and we can't do that
on our own. The money we are talking about for those fees will have to
be spent from this bond; it is part of the original bond and part of
what we have to pay to have these hookups.
Mr. Weatherspoon questioned Item 5-C with regard to the light-
ing. Mr. Bridges said the lights they are specifying use only three
tubes and give out more light; therefore, you use less of them, less
light is consumed and in a 24 hour building he felt it was rather
important.
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Upon question by Mr. Dougherty, Mr. Bridges went through the
list of change orders that were completed without prior approval of
Council. Mr. Dougherty reiterated that he would like to see a breakdown
of how the $31,510 was arrived at.
At this point the roll was called to the motion.
4. Mr. Bird moved for approval of this item, subject to review by
the City Attorney's Office, seconded by Mr. Weatherspoon. Upon roll call
Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4
to 0 vote. (Mrs. Horenburger left the Council Chambers prior to roll
call).
Before roll call the following discussion was had:
Mrs. Horenburger advised she spoke with a gentleman from the
School Facilities Planning Department after reading about School Board
member Bob Powell's comment at the School Board meeting yesterday
regarding Carver Middle School and the possibility that it would be
replaced; apparently it was only touched on and there was no other
support or consensus at all in that regard. She mentions this just to
be sure the City is not throwing money away on this project if the
School Board intends to get rid of the school in a year or two.
Mr. Bird advised he felt it would be appropriate for Council to
direct the City Attorney to enter into an agreement of recapture; he has
spoken to Mr. Mills and he saw no school-related use for that facility
at whatever time it was closed down. Mr. Mills stated he would recom-
mend to the Board that they accept a recapture agreement with the City
to get the entire facility for whatever City use they might have.
Mrs. Horenburger left the Council Chambers at this time.
Mr. Dougherty questioned under D in the contract that it seemed
to him the words "and supervision" should be included. The City Manager
stated that would be fine; in fact, approval by Council will be subject
to the City Attorney's review and insertion of these words. Mr.
Dougherty also questioned the hourly wage for the Civil Engineering
Design Draftsman. The Assistant City Manager advised that it was his
impression this was a civil engineer that dealt with design.
At this point the roll was called to the motion.
Mrs. Horenburger returned to the Council Chambers at this time.
5. Mr. Bird moved for approval of the proposed agreement with Jane
Baxter, seconded by Mr. Weatherspoon. Upon roll call Council voted as
follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes;
Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a
5 to 0 vote.
Before roll call the following discussion was had:
Jane Baxter advised she has applied for the abandonment, she
has received a final on the restoration of the house in February and has
not been able to obtain a c.o. due to the fact that she needs to put in
a fence so that she can put in sod and do the landscaping. As it stands
now, three feet of her property is in the alleyway, including part of
the house. She advised that in about 1965 someone erected a concrete
wall and backfilled it about five feet high.
Upon question by Mr. Dougherty, the City Attorney stated the
public hearings on a public abandonment was the time frame problem.
At this point the roll was called to the motion.
Mayor Campbell declared the meeting adjourned at 7:50 P.M.
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City Clerk'
MAYOR
The undersigned is the City Clerk of the City of Delray Beach
and that the information provided herein is the minutes of the meeting
of said City Council of May 20, 1986, which minutes were formally
approved and adopted by the City Council on ~/ /~ /~ .
City Clerk
NOTE TO READER:
If the minutes that you have received are not completed as indicated
above, then this means that these are not the official minutes of City
Council. They will become the official minutes only after they have
been reviewed and approved which may involve some amendments, additions,
or deletions to the minutes as set forth above.
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