Loading...
HomeMy WebLinkAbout1989-04-19 - City Commission Special Meeting Minutes7525 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321-2401 TELEPHONE (305) 722.5900 RECORD OF COUNCIL ACTIONS/DISCUSSIONS SPECIAL MEETING CITY COUNCIL OF TAMARAC, FLORIDA There will be a Special Meeting of the City Council held on Wednesday, April 19, 1989 at 1:00 p.m. in Conference Room #1 (City Clerk's Office), Tamarac City Hall, 7525 N.W. 88th Avenue, Tamarac, Florida. The purpose of this meeting is discussion and possible action on the following: 1. Status Report on City Hall Project. FINAL ACTION: Keith Emery of Construction Management, Inc., gave status report. 2. MOTION TO APPROVE transfer of $100,000.00 from City Hall Account to Police Facility Account. FINAL ACTION: APPROVED. 3. Status Report on Public Service Administration Complex. FINAL ACTION: Keith Emery of Construction Management, Inc., gave status report. 4. MOTION TO APPROVE payment in the amount of $4,286.35 to Scharf & Associates for Architectural changes to sprinkler system for the Public Service Administration Complex. FINAL ACTION: APPROVED. The City Council may consider and act upon such other business as may come before it. All meetings are open to the public. arol A. Evans City Clerk Pursuant to Section 286.0105, Florida Statutes If a person decides to appeal any decision made by the city CounvI with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings and for such pasrpose, he may need to ensure that a verbatim record includes L`�e testimony and evidence upon which the appeal is to be based AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS CITY OF TAMARAC CITY COUNCIL SPECIAL MFETING WEDNESDAY, APRIL 19, 1989 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Wednesday, April 19, 1989 at 1:00 P.M. in Conference Room #1 (City Clerk's Office). PRESENT: Mayor Norman Abramowitz Vice Mayor Dr. H. Larry Bender Councilman Bruce Hoffman Councilman Henry Rohr Councilman Jack Stelzer ALSO PRESENT: John P. Kelly, City Manager Richard Doody, City Attorney Ken Burroughs, Finance Director Dina McDermott, Assistant to the City Manager Keith Emery, President of Construction Management Services, Inc. Pauline Walaszek, Special Services Secretary 1. Status Report on City Hall Project. SYNOPSIS OF ACTION: REPORT given by Keith Emery, President of Construction Management Services, Inc., City Manager Kelly said he asked that this meeting be held to inform everyone about the status of the various projects presently existing. He said in order to facilitate some of the proposed transcripts, the City Council needed to be informed about the Municipal Complex/City Hall, Police Complex and Public Service Administration Complex projects. He said there were concerns regarding the air conditioning and landscaping and he wanted to insure the City Council that there were sufficient monies remaining to cover the contracted projects even though there was a request to transfer monies from the Municipal Complex/City Hall Account to the Police Complex Account. He said Keith Emery, President of Construction Management Services, Inc., was prepared to report on the remaining projects at the Municipal Complex/City Hall project as well as the finances. Keith Emery, President of Construction Management Services, Inc., said a letter was submitted to the Architect dated March 31, 1989 and copies were sent to the City Council and staff. He said the letter indicated items that were to be finalized by the General Contractor. Mr. Emery said he was aware of the City Council's concern regarding the air conditioning system. He said the system was working as it should and there were two or three items that were no longer in the warranty program; however, they were being shipped from the manufacturer. Page 1 4/19/89 He said the Test and Balance Report done by the General Contractor was rejected and the Contractor was asked to redo it in certain areas. Mr. Emery said the letter indicated items that needed to be completed by the General Contractor as per his agreement. He said it was very difficult to get the General Contractor to complete these projects; however, the Contractor was complying with these requests because each time nothing was corrected, the Bonding Company was called. Mr. Emery said there were two more months remaining on the warranty and, if the corrections were not made when the warranty was up, the Bonding Company would not submit another Bond to the Contractor for another project. He said the Contractor was planning to comply with the list next week. Mr. Emery said there was presently $15,000.00 in the account which was more than adequate to suffice the items left to be completed on the contracted agreement. He said the reason he did not use the money to complete the projects was because he would have lost the guarantee and extended warranty on the major items such as the air conditioning, etc. Mr. Emery said the warranty program was almost expired and, if he could not get the project completed appropriately, he would have no other choice but to solicit another contractor to finish the project and back charge the original contractor for the costs. Mayor Abramowitz suggested that Mr. Emery contact the Bonding Company as opposed to hiring someone else and Mr. Emery said he would contact the Bonding Company first. Mr. Emery said he was here to protect the City and there were several items that were rejected because they were not done correctly. He said the City Manager wrote him regarding certain documents that needed to be submitted. He said this morning, all of the manuals for the air conditioning and plumbing systems were submitted to Public Works. He said the Test and Balance Report had to be refinalized. He said the documents for the Warranty/Guarantee would be forthcoming next week. Mayor Abramowitz asked what the balance was due to the General Contractor and Mr. Emery replied, $15,000.00. Mayor Abramowitz asked if the request was to sign over $15,000.00 to the General Contractor. City Manager Kelly said Mr. Emery was only giving the City Council a status report of the project. He said all of the information in the March 31, 1989 letter was not additional cost to the City. Mr. Emery said the items listed in the letter were the Contractor's obligation and, if the Contractor did not fulfill it, the Bonding Company would be required to do so. C/M Rohr asked if the warranty would continue if the items were not completed and Mr. Emery said the items had to be completed even if the warranty expired and documents were evident to prove these items. Page 2 1 1 11 4/19/89 City Manager Kelly said $15,000.00 was obligated to the Contractor; however, there was a balance above and beyond that allocated to the project. He asked what the balance was in the account and Mr. Emery said there was approximately $125,000.00 in the Account. Mr. Emery said the request was to transfer $100,000.00 into the Police Complex Account. He said $25,000.00 remaining would cover the cost of the security system previously installed and the furniture obligations. He said the total for the remaining items was approximately $8,000.00. Mayor Abramowitz suggested that everything listed on the March 31, 1989, letter be approved and signed by the Building Department before the matter was brought to the City Council to approve the refund of monies. Mr. Emery said $15,000.00 would not be released until the Building Department, Construction Management Services, Inc., Architect and Engineers reviewed and approved the remaining projects. Mayor Abramowitz said he would like staff to review a project as if it was being done for another developer. He said when staff signed the approval of the project, they would be responsible for the project being done correctly. Mr. Emery said air conditioning was very sophisticated and proper preventative maintenance was needed. He said certain things had to be done every month by a qualified outside contractor. He said if this was not done, it may cost a lot of money when things go wrong. C/M Stelzer asked how much it would cost to have the maintenance and City Manager Kelly said the Public Works Department was reviewing this matter; however, the quotes recently given were very high. City Manager Kelly said the Public Works Department was looking for other quotes because the system needed to be maintained by a contractor. Mayor Abramowitz asked if the Change Order on the air conditioning contract made a difference as to the maintenance and Mr. Emery replied, no. Mr. Emery said the Change Order was for the manufacturer and the maintenance would be required regardless of the Change order. Mr. Emery said the system was a chillwater system as opposed to an air-to-air system which was very costly for electricity. C/M Hoffman asked if the existing system was cheaper and Mr. Emery replied, absolutely. C/M Hoffman asked if it would cost more for maintenance than it would have for the electricity and Mr. Emery said it would have cost more to maintain as opposed to more upfront for construction costs. Mayor Abramowitz said he had no problem with the system; however, the City had to have the funds to pay the bills. C/M Rohr asked if an approximate cost for the maintenance was determined and Mr. Emery said it should cost no more than $500.00 per month. Page 3 4/19/89 C/M Rohr asked if an employee from the Public Works Department could be trained to do the maintenance and Mr. Emery said there was no oneavailable with this type of experience. V/M Bender suggested that the manufacturers be contacted for recommendations regarding who could maintain the system and City Manager Kelly said he would have the Public Works Department to do this. C/M Rohr asked if the system had a warranty and Mr. Emery said all of the equipment had a five year warranty which was filed with the City. 2. MOTION TO APPROVE transfer of $100,000.00 from City Hall Account to Police Facility Account. SYNOPSIS OF ACTION: APPROVED. Keith Emery, President of Construction Management Services, Inc., said the project was being completed. He said within the next 4 weeks substantial completion should be done and the Police would be moved at the end of May, 1989. He said there were technical delays on the project; however, the delay was not due to the Contractor or Construction Management Services, Inc. Mayor Abramowitz asked if the delay was due to problems in the City Departments and City Manager Kelly said the delay was due to the Communication System in the Complex. City Manager Kelly said he had to meet with the Communication System Company regarding matters of concern. Mr. Emery said the only things that would delay the Police moving would be the Rolm Telephone Company. He said this matter was being handled at this time. He said the Moving Company was ready and the belongings, tags and labels were ready to be relocated. Mr. Emery said there were adjustments made on the landscaping and mature plants were being installed. C/M Hoffman asked what type of palms were placed in front of the building and Mr. Emery said the trees were paurotis palms. Mr. Emery said when the landscaping was finished the beauty could be seen. Mr. Emery said the furnishings for the Complex were in storage and the refurbishing of the existing furniture was completed and waiting for removal. City Manager Kelly said there were concerns regarding the quality of the carpet in the Complex. He asked Mr. Emery to report on the type of carpeting that was used. Mr. Emery said the carpeting was the same commercial grade as the City Hall Complex; however, the difference was that the carpeting in City Hall had more plush. He said the carpeting in City Hall was $16.00 per yard and the carpeting in the Police Complex was $14.00 per yard. He said backing was not needed for commercial grade carpeting because it was glued down. He said the Police Chief requested in the decor that the facility should look masculine and this was the purpose of the colors. I I 1 1 Page 4 4/19/89 Referring to the letter from Hill York Broward, Inc., dated April 5, 1989,.Mayor Abramowitz asked if 7, Supply Air Reset, was part of the air conditioning system and Mr. Emery asked Mayor Abramowitz to read the entire item. Mayor Abramowitz read Specifications 159702.06D into the record. (SEE ATTACHMENT #1). He asked if these items were part of the air conditioning system. Mr. Emery said these items were part of the air conditioning system and the letter indicated that these items were excluded from the project. Mayor Abramowitz said the letter indicated that the item could be furnished at a cost of $1,625.00 and he asked if this was part of the contract. Mr. Emery said during the construction certain ramifications were involved regarding the controller system of the air conditioning unit. He said these items were reviewed by the Engineers at the request of Construction Management Services, Inc. and the Building Department. He said there were certain things eliminated to make other things work more efficiently. He said the items listed in the letter were the items taken into account; however, the items were replaced with other logistical items within the system as reflected on the Change Order list. Mr. Emery said there was no more money due to the General Contractor apart from $15,000.00. Mayor Abramowitz said the General Contractor would not get this money until everything was completed and approved and Mr. Emery replied, yes. Mayor Abramowitz asked if the stairs in the City Hall were being corrected and Mr. Emery said the stairway was a special design. Mr. Emery said one of the stairs came loose which was repaired; however, another stair came loose and this time he requested that the entire design be reviewed and corrected next week. Mayor Abramowitz asked if there were any further questions regarding the Police Complex project. C/M Stelzer asked if there would be a grand opening for the Police Complex and Mr. Emery said the grand opening should be in June, 1989. C/M Stelzer asked if the grand opening would take place after the Police moved in and Mr. Emery said this was usually when the grand openings took place. Mayor Abramowitz asked if the City Manager personally reviewed the refurbished furniture and City Manager Kelly said he has not reviewed the furniture recently. Mayor Abramowitz said there were concerns regarding the quality of work not being proper. He said he would like the City Manager to review the furniture personally as to the quality of work. Mr. Emery said during the process of refurbishing the furniture review was done on furniture that was not completed; however, the refurbishing was complete and the Page 5 4/19/89 quality of work was excellent. He said he and the Architect checked the furniture personally and the furniture looked brand new. Mayor Abramowitz said in all due respect, Mr. Emery worked indirectly for the City and staff would review matters differently than the outside agencies because the City was their home. He said he would be more comfortable if the City Manager inspected the furniture. Mayor Abramowitz asked if the refurbishing company was paid in total and Mr. Emery said he paid the company a substantial amount out of his pocket because he could not hold up the job; however, there were monies due to the company. Mayor Abramowitz suggested that the monies not be submitted until the furniture was reviewed and Mr. Emery said there was approximately 10% of the monies being held until the project was approved. Mayor Abramowitz asked how much the entire project on refurbishing the furniture cost and Mr. Emery said approximately $9,000.00. C/M Stelzer asked if it was determined that there would be a grand opening and City Manager Kelly asked when the plaque for the building would be ready. Mr. Emery said the plaque would be installed next week. He announced that the plaque listed C/M Stelzer as the Vice Mayor as opposed to V/M Bender. He said the plaque was ordered and created before the elections. V/M Bender asked if the plaque could be changed and Mr. Emery said it would take approximately 3-1/2 months. C/M Hoffman said the plaque on the Public Service Administration Complex would be correct. C/M Rohr said the grand opening should take place prior to the Police moving in and City Manager Kelly said he would begin the schedule for the grand opening. C/M Hoffman announced that there should be a ground breaking ceremony for the Tamarac Sports Complex and City Manager Kelly said the plaque was recently submitted and plans were being made. Mayor Abramowitz asked why the transfer was being requested. Mr. Emery said it did not cost the City one cent for the protection and services that he offered to the City because the monies saved were used to reimburse himself for his services as per his contract agreement. Mr. Emery said the monies on the list submitted in the backup were items that were separated from the General Contractor which resulted in a savings of approximately 40% from the Contractor's markups and overheads. He said separate Contractors did this work for less and the list indicated why the monies were being requested for transfer. Page 6 1 1 4/19/89 Mr. Emery said when the project was originally planned it was determined that $300,000.00.would be transferred; however, he would only require $125,000.00 to be transferred for a total of $225,000.0Q. City Manager Kelly said much of the items on the list were already subsidized by Mr. Emery to keep the project flowing. Mayor Abramowitz announced that the elevator was not working in the City Hall last night and he asked Mr. Emery to have the elevator checked. Mayor Abramowitz said he was against paying a Contractor, including Mr. Emery, all the monies before everything was completed and approved. Mr. Emery said the transfer was not to pay for his services and Mayor Abramowitz said he wanted everyone included in his statement. Mayor Abramowitz said the City Council could call extra meetings to transfer monies when needed as opposed to making the monies available before the projects were completed. Mr. Emery said all of the items on the list were estimated such as $6,000.00 for Chalkboard. He said the actual cost may be $12#000.00; however, the $6,000.00 was needed in the account to complete the project. He said the work presently done was approximately $9,000.00; however, the Contractor was only being paid $6,000.00. Mayor Abramowitz said there were monies already in the account; therefore, $6,000.00 was not needed. C/M Stelzer said Mr. Emery only wanted to transfer the funds not pay the Contractor. Mayor Abramowitz said he did not want to make the complete monies available without the City Council's approval. He said he wanted the City Council to be able to hold the monies back if there were errors in the construction. Mr. Emery said he could not solicit a Contractor if the funds were not available in the account because it was illegal. He said payments made on a project had to be approved by the City Manager; however, the funds had to be available in the account in order to commit a project to a Contractor. C/M Stelzer suggested that Ken Burroughs, Finance Director, be consulted about this matter. Mayor Abramowitz said Mr. Emery was in violation of this requirement because he has paid Contractors out of his own pocket and Mr. Emery replied, yes and no. TAPE 2 Mayor Abramowitz said the air conditioning system was a perfect example of his concern. He said he was against releasing all of the monies on the project until the project was approved. Mayor Abramowitz asked the Finance Director to comment on Mr. Emery's statement. Page 7 4/19/89 Ken Burroughs, Finance Director, said the amount being referred to by Mr. Emery came under his reimbursable portion of the contract and the City would not know what those expenses were until the bill wat submitted. C/M Rohr asked how much was held back on a 2 million dollar project and Mr. Emery replied, $200,000.00 or 10%. C/M Rohr asked if the items being referred to included the 10% and Mr. Emery said 10% was held back from everybody. Mr. Emery said $10,000.00 would be retained from the monies requested for transfer. C/M Rohr asked if the City would be protected under the warranties by holding back only 10% and Mr. Emery replied, yes. C/M Rohr asked if this applied to all of the Contractors on the project and Mr. Emery replied, yes. C/M Hoffman asked Mr. Emery how much he spent from his own funds for the project and Mr. Emery said approximately $14,000.00. C/M Stelzer said Mr. Emery was trying to prove that monies were available for the projects. He said monies could not be spent unless the monies were in an account for the projects. He said Mr. Emery wanted to transfer monies from the City Hall Complex Account to the Police Complex Account to insure that the monies were available to solicit the Contractors. Mr. Emery said the funds would be spent only through approval by the City Manager. Mayor Abramowitz said he was concerned with the statement in the letter on Item 2, "Reimbursable items on an 'as needed' basis not related to the General Contractor, $10,000.00.11. Mr. Emery said this Item was for such things as long distance telephone calls, copies, permitting fees, etc. Mayor Abramowitz asked if $10,000.00 would be used for these services and Mr. Emery said he estimated this figure which did not mean that he was going to pay $10,000.00. Mayor Abramowitz said he was concerned with figures being estimated that may not be spent. He said the City Council may not approve of transferring the estimated amounts. Mr. Emery said the only estimated figure was $10,000.00 and the other figures were exact amounts. Mayor Abramowitz said because there was an amount in the Budget did not mean that the amount had to be spent. He said he did not want anyone to pay money for the City because if the City could not meet their obligations than they did not need the projects. He said he resented approving the monies and finding out after the project was completed that there was a mistake such as the landscaping. He said mature landscaping was not implemented in the City Hall project because the Contractor was already paid for the project. Mr. Emery and City Manager Kelly said this statement was incorrect. Page 8 FJ 4/19/89 Mayor Abramowitz said he discussed the matter with the landscaping architect and he asked the architect if he would refer to the City's landscaping as an example of a job. He said the architect did not have a pleasing response. City Manager Kelly said this was not a fair question. He said the question was, "Did the Contractor do what he was supposed to do?" which the Contractor did. He said if more money was spent mature plants would have been implemented which extra monies at this time were being spent to redesign the plans for mature landscaping at the Police Complex. Mayor Abramowitz said he was opposed to approving money to be used at the disposal of anyone and finding out that there were things that were not done appropriately. He said $10,000.00 seemed to be too much for telephone calls and copies. He asked why the figure was so high. Mr. Emery said from the inception of the project approximately three years ago the plans indicated the Budgetary expenditures on both the City Hall and the Police Complex. He said the Police Complex had a shortfall in the Budget from the beginning which was before he became involved. He said he reorganized the plans with the City Council subject to the monies in the City Hall Complex being transferred to the Police Complex when needed to complete the job. Mayor Abramowitz said the request was for a transfer of $100,000.00 and he asked how much was actually needed to proceed with the project. Mr. Emery replied, $100,000.00. C/M Rohr suggested that $70,000.00 be transferred and, if additional funds were needed within the next month, another meeting could be called for an additional transfer. Mayor Abramowitz said from experience, he resented allotting the monies for a project and finding out after the project was completed that there were problems. He said the City Manager was very busy and could not attend to every detail in the City; therefore, his concern was protecting the City Manager from items being approved that were not correct. He said he would approve this matter if it did not impede the progress of the project. Mr. Emery said he felt resentment because of various statements made. He said he made the project happen and worked very hard on behalf of the City and the City's interest. He said he was not hired to assist the City in being financially disabled and he did not want the City's money because he was above this. He said when he made logistical recommendations it was the nature of the business which would take all day for him to explain to a layperson. Mr. Emery said $300,000.00, as first planned for the project, could have been transferred 2 years ago; however, only $225,000.00 was needed. He said transferring the money did not mean that he was asking for an open check from the City because this was illegal. He said the funds were only being transferred so that he could solicit the Contractors needed for certain projects. Page 9 4/19/89 City Manager Kelly said much of the work on the list was already completed or committed to be done. He said the Contractors needed to know the monies were available so that the project could be completed. He said when the projects were completed, the appropriate Departments were contacted and required to investigate and recommend an action to him before he requested payment by the Finance Department. Mayor Abramowitz said the landscaping at the City Hall Complex was not investigated properly and the project proceeded. He said he did not expect the City Manager to investigate every aspect of a project. Mr. Emery said the landscaping project was signed off by the appropriate Departments and the previous Building Official, Bob Jahn, was the Liaison. Mayor Abramowitz asked who was the Liaison at this time and Mr. Emery replied, Dale Lee, Chief Building Official. V/M Bender said the plans for the landscaping at the City Hall Complex were very controversial because of the grade of the material. He said this problem should not occur with the Police Complex project and he asked who made the determination that the materials in the contract were classified properly. Mr. Emery said the classification was done by the landscaping Architect through the Architect Engineer. V/M Bender asked why there were problems with the materials for the City Hall Complex and Mr. Emery said the materials were not questioned for the City Hall Complex until Mayor Abramowitz brought it to everyone's attention. V/M Bender asked if the Departments were aware of the classifications on the Plans and City Manager Kelly said the landscape Architect was to determine what the grades should be for the project. City Manager Kelly said the landscape Architect approved the grade and signed -off on the project. C/M Rohr said the landscape Architect was incorrect in his approval and Mayor Abramowitz said the same landscape Architect was doing the Police Complex project. City Manager Kelly said Mayor Abramowitz was informed by the landscape Architect about the plans for the Police Complex and Mayor Abramowitz said he met with the Architect who indicated that the materials used were implemented because of the Budgetary constraints. Mayor Abramowitz said he accepted this explanation because the City got what the City paid for. Mayor Abramowitz said when the landscaping became a concern there were other matters of concern that was not brought to anyone's attention such as the parking lot problems. Mayor Abramowitz said he wanted the Departments signing -off on the approval papers to understand the project; otherwise, he did not want those people involved. City Manager Kelly said the City did not have a landscape Architect on staff and Mr. Emery said the mistake made the first time would not be repeated again. Page 10 4/19/ 89 1 C/M Hoffman said the City received what they paid for; however, they found that they were not satisfied with it. He said the amount transferred was not relevant providing the City Manager made sure that the projects were correct and completed before paying for them. He said Mr. Emery was aware that the City Manager would not release the monies until the projects were investigated. Mayor Abramowitz said he did not want to impede the project; however, he was concerned because of past experience. He said when the monies were released to the Contractor for the City Hall Complex, he and various Agencies walked the project and found things that would not have been done or corrected unless the funds were held back. Mr. Emery said nothing on the projects were approved as completed unless it went through the City Manager's Office. He said he could not spend the monies without the City Manager's approval. * C/M Hoffman MOVED to APPROVE the transfer of $100,000.00 from * the City Hall Account to the Police Facility Account, SECONDED * by V/M Bender. ** The following is a partial verbatim transcript as requested by Mayor Abramowitz: C/M Stelzer Well, I think Keith used the wrong word when he said resentment. You mentioned something about you felt there was some resentment. There is no resentment here, it is just that for the last year we spent a lot money for professional people. But for the last year, the City Council has been overriding and trying to be professionals where they should not be professionals. pay Keith, we pay Kelly, we pay our Building people, we pay everybody that is supposed to be knowledgeable but then we go around and find fault with them and I do not think that is right. If these people cannot do their jobs, get rid of them. I do not think the City Council should stick their two cents into anywhere and try to act as professionals. I vote Aye if it has been voted on. Mayor Abramowitz We are not ready to vote yet, Jack. C/M Stelzer I just wanted to get that statement because I know exactly how Keith feels. Mayor Abramowitz I am not questioning your statement, I am just questioning your vote. We are not ready to vote. of We C/M Stelzer I know exactly how Keith feels. He feels that somebody is resenting the fact that this money is given and that they do not have faith in Keith. Now, I have faith in all of our professionals, if I did not have faith in our professionals I would say get rid of them. But do not try to be a wise guy and be a professional. Mayor Abramowitz That is very strange coming from you, Jack. C/M Stelzer That is not very strange. Mayor Abramowitz Mr. Vice Mayor? Page 11 4/19/ 89 V/M Bender I want to make a comment on what was wrong with =Is ,—Jacc—�. We are elected officials in the City, we are put in office to sort of keep an eye on the money which is very important. We want to make sure that the monies are spent properly. We want to make sure that we get that dollars' worth or dollar spent. So, if we are zealous to a point where we are investigating or checking out different items that is on a contract, I feel that is our obligation to our constituents. Not to just accept what is given to us and then vote. I feel personally that is my job to make sure that we, in the City, are not short changed. C/M Stelzer You are a professional... Has any one questioned your report? Anybody on Council question your report? Mayor Abramowitz Yea, you did, you did. C/M Stelzer No, no. I did not know about it. Mayor Abramowitz Well, you talked about his toy. C/M Stelzer That is right. He has come out with a report. I am not questioning the report, if he said he has got this kind of a reading 150-feet away or 200-feet... Mayor Abramowitz Well, you are questioning our City Attorney's ability... C/M Stelzer You are wrong. I wrote him a letter. Mayor Abramowitz Yea, I know. C/M Stelzer You all got a letter. Mayor Abramowitz Yea, I know. All of a sudden, all of a sudden from somebody who accepts all our professionals over here. C/M Stelzer Come on, he has not been here as long as I have. He does not what the intent is... Mayor Abramowitz That does not make it right. C/M Stelzer I wrote the letter. Talk to Melanie about it. Mayor Abramowitz Oh, okay Jack. Next. C/M Rohr Mr. Mayor. Mayor Abramowitz Councilman? C/M Rohr I just cannot understand your comment, Jack. Because to say that we are to sit here and be yes men for everything that comes through our desk, what is the point in reading all the background? What is the point in trying to find out and educate yourself on items that come before you if you say that all we have to do is rely on Mr. Kelly and his Heads of Departments. They do not really need us, we could have a rubber stamp as it comes through. C/M Hoffman Do not make that as a Motion. Page 12 4/19/89 1 C/M Rohr Now, that is kind of silly I think. C/M Stelzer No, it is... M C/M Rohr Just a moment. I listened to you, you are going to listen to me. C/M Stelzer Go ahead. C/M Rohr As an individual, i take pride in the fact that I am nterested in what I am doing daily. And, I am not going to sit around and let people tell me this is the way you have got to do it and do not ask questions. Mayor Abramowitz Well, you have not been here long enough, Henry. That is the problem... that is the way the City was run for 15 years. C/M Stelzer If John came out and said no on something, woulTyou question him on it? C/M Rohr Yea, I will question him... yea, he knows t— Mayor Abramowitz Absolutely wrong, Jack. Okay, we all had a chance... C/M Hoffman I am just going to make a comment... Mayor Abramowitz Make a fast comment. C/M Hoffman I have no comment, let's vote. Mayor Abramowitz Are you saying move the question? C/M Hoffman Move the question. Mayor Abramowitz Alright. Please call the vote. ** End of verbatim. VOTE: ALL VOTED AYE 3. Status Report on Public Service Administration Complex. SYNOPSIS OF A&ION: REPORT given Keith Emery, President of Construction Management Services, Inc. Keith Emery, President of Construction Management Services, Inc., said the documents for the Public Service Administration Complex were completed with the exception of two legal documents. He said a Quit Claim Deed was required and was presently in the hands of Mr. Gallowitz for signature. He said once the document was signed and filed, which included the easement for the Force Main, the City could apply for their permit when ready. Mayor Abramowitz asked if this matter pertained to the easements received by the five surrounding landowners and City Attorney Doody said he was not familiar with the matter because he briefly was informed of this matter yesterday afternoon. Page 13 4/19/89 City Manager Kelly and Mr. Emery said this matter had nothing to do with another. Mr. Emery said he expected the final documents to be filed next week. a City Manager Kelly said Mr. Gallowitz was due in Friday to meet with Mr. Stacker to review some of these matters. C/M Hoffman asked for the status of the sale of the existing Public Works property. Mr. Emery said he had to mention another item that related to this and then the discussion regarding the sale of the property could begin. Mr. Emery said the project was originally designed with the sewer line located in a certain direction; however, Keith & Schnars informed the City that the line should be relocated. He said the suggestion was reviewed and it was agreed that the lines should be moved; however, the redesign had to be made and a determination as to the payment of the redesign had to be made. He said Mr. Gallowitz would be paying for the redesign and the check for the redesigning project was supposed to be submitted next week. Mayor Abramowitz asked who made the original design and Mr. Emery said Scharf & Associates. City Manager Kelly said he discussed this matter with Mr. Stacker who acknowledged that it was their responsibility. He said the matter was discussed with Mr. Gallowitz who was unhappy about the staff's actions; however, he would pay for the redesign. Mayor Abramowitz asked why the first engineer was incorrect and Mr. Emery said the Engineers were not in question; however, the location of the lines based on the easement was a question. Mr. Emery said the redesign would be beneficial to the City as well as Mr. Gallowitz. C/M Hoffman asked if the Public Service Administration Complex would be built. City Manager Kelly said the sale of the existing Public Works property was detained because there were standards by the Environmental Protection Agency on pollutants which were very sensitive for the sale of any property. He said the Environmental Protection Agency wanted the property checked for contamination and Hazen & Sawyer tested the property. He said they reported that there was a small portion of the property that had potential for contamination and it should not cost the City more than $50,000.00 to clean the area. City Manager Kelly said the bank handling the financing of the sale, Barnett Bank, was concerned and their attorneys said the City was willing to commit to honoring the obligation to keep the parcel clean on the day of closing; however, the City was not moving out until approximately 1-1/2 years from the sale of the property and there was an opportunity for further contamination. He said the attorneys wanted to honor the commitment until the time of vacation of the property. City Manager Kelly said he discussed this matter with the consultants and asked if they would be willing to honor this request. He said the consultants indicated that the source of contamination was very small and the Page 14 4/19/ 89 consultants were confident that $50,000.00 was sufficient as long as stringent restraints and monitoring was in place. He said the restraints were in place and the consultants felt that there was no additional liability by the City and the obligation could be approved. City Manager Kelly said he signed a letter two days ago regarding the obligation being approved and he hoped that the bank would approve it. He said if the bank did not approve it, there was an attorney available for indemnification. C/M Hoffman asked what would happen if the Environmental Protection Agency made changes to their standards during the time the City was renting the property making the standards different at the time the City vacated. He asked if the Buyer could renege from the purchase contract. City Manager Kelly said the Buyer could back out of the purchase contract if the City was not willing to comply with their obligation to clean the property up. Mayor Abramowitz asked if the old City Hall complex could be used to facilitate the Public Works Department until the Public Service Administration Complex was built as opposed to renting the property from the buyer. City Manager Kelly said this may be a possibility; however, a garage would have to be available for the Department. C/M Stelzer asked if the old City Hall property was zoned for this type of business and City Manager Kelly said the zoning on the property was changed. Mayor Abramowitz asked if the zoning could be changed and City Manager Kelly said he would look into the matter. C/M Rohr asked what the City would do for a garage and Mr. Emery said a garage could be rented. C/M Hoffman said anything that could be done to sell the Public Works property outright would be an asset to the City. He said he was opposed to starting a multi -million dollar project with money that was not available. He said he was willing to do anything necessary to close the sale of the property and have the money in hand for the construction of the'new project. He said Mayor Abramowitz's suggestion was excellent. City Attorney Doody said the location was a concern. He said there was a Purchase and Sale Agreement negotiated and the Agreement would have to be readdressed to cutoff the liability. Mayor Abramowitz said the Buyer seemed very anxious to buy the property; however, the City still needing the property presented a problem. He said there were a lot of hidden factors in the Agreement if the City did not turn the property over to the Buyer in two years. C/M Hoffman said there were concerns about the funds and if the City wanted to do one project before doing another project, nothing would be done. Page 15 4/19/89 City Manager Kelly said he would review this matter and C/M Hoffman asked if there was a set lease period with the Buyer. City Attorney Doody said the Agreement indicated that the City would lease the property until the new Public Works site was available at which time the City would demolish the existing site. He said this matter could be pursued because there was no fixed term in the Agreement for the lease. C/M Hoffman said Mayor Abramowitz's suggestion would be in the best interest of the City as well as the Buyer and C/M Stelzer said a garage had to be provided for the Department. C/M Hoffman said he was opposed to starting a multi -million dollar project with funds that were expected from a sale of property in which the Buyer had the right to back out of the Purchase Agreement. Mr. Emery said he was concerned with the inflation because it was -costing more money every day that the project was detained. He said Mayor Abramowitz's suggestion was very good. 4. MOTION TO APPROVE payment in the amount of $4,286.35 to SCharT Associates for Architectural changes to sprinkler system for the Public Service Administration Complex. SYNOPSIS OF ACTION: APPROVED. Mayor Abramowitz said the Complex was not built and he asked why the funds were being requested. Mr. Emery said when the project was being planned it was discussed that there be a precedence set in Land Section 7 for fire sprinkler systems. He said City Manager Kelly asked that a plan be drafted for a sprinkler system that could be used if the City wanted the system. He said the system was designed and was approved by the various Departments. Mr. Emery said the Contractor would be entitled to 6.9% of the construction costs and the Contractor created a construction cost which he felt fit; however, after the matter was reviewed, the construction cost was rejected. He said he submitted the construction costs to the Contractor which were in the best interest of the City. He said the original cost was $5,658.00 and the actual cost would be $4,286.35. City Manager Kelly said Mr. Scharf was not pleased with the cost being reduced because he felt that he was giving the City a good deal. He said the fire system was in concert with the recommendations of the Fire Chief and Fire Marshall because it was a safe structure and met the Code. Mayor Abramowitz asked how much it would cost to install the system and Mr.,Emery said approximately $62,000.00 if it was constructed. F�l 1-1 Page 16 4/19/89 Mayor Abramowitz asked if this would be a precedence for the buildings that would be erected in Sand Section 7 in the future and City Manager Kelly replied, yes. TAPE 3 Mayor Abramowitz asked if the plans could be approved for the system and the Codes changed to require the systems in the future and City Manager Kelly said the Code was changed during the construction of the City Hall Complex; however, because the Complex received a Certificate of Occupancy before the amendment to the Code was approved, the entire plan would have had to be changed to comply with the Code. City -Manager Kelly said the same would apply to the Publia Service Administration Complex being that, if the Code Ghould change before a Certificate of Occupancy was received, the plans would have to be changed to comply with the Code. C/X Stelzer asked if money was saved on insurance by having the sprinkler system and Mr. Emery replied, yes. C/M Stelzer asked how much would be saved and Mr. Emery said approximately 15% of the rates. City Manager Kelly said the sprinkler system was recommended to be listed as an alternate as opposed to a requirement. He said it was wise to have this plan in the proposal during the time of deciding on the original plan. C/M Hoffman said the City Council should not concern themselves with future builders having a sprinkler system. He said the City Council should be concerned as to the need of a sprinkler system being in this building. He said what was done in the future would have to be done in compliance with the Code existing at that time. Mayor Abramowitz said he did not want to spend the money for the system and C/M Hoffman said if the system was not needed then the money should not be spent. Mr. Emery said the plan was an alternate and did not have to be installed. C/M Rohr said it may be feasible to have the system to save the insurance premiums that it would cost for not having the system. C/M Hoffman said the City Council should rely on the professionals to determine if the system was needed and Mr. Emery said the plans could be eliminated at any time from the original plans. C/M Rohr asked why the City should spend $4,286.35 for a change in the plans when it was not determined if the system would be used and Mr. Emery said the change was already made in the plans. City Manager Kelly said he wanted the documents for the design of the Complex in place to be reviewed by the professionals before construction began. C/M Hoffman asked why the Architectural work was done before the City Council approved it and City Manager Kelly said he authorized Mr. Emery to have the plans done so that the construction plans in place for review by the Building Department. Page 17 4/19/ 89 * V/M Bender MOVED to APPROVE payment in the amount of $4,286.35 * to Scharf & Associates for Architectural changes to sprinkler * system for the Public Service Administration Complex, SECONDED * by C/M Rohr. VOTE: ALL VOTED AYE With no further business, Mayor Abramowitz ADJOURNED this meeting at 245 P.M. d CAROL A. 2VANS, CITY CLERK lnu4it'-' r NO MAN ABRAM WITZ, MAYOR "This public document was promulgated at a cost of $119.40 or $14.93 per copy to inform the general public, public officers and employees of recent opinions and considerations of the City Council of the City of Tamarac. CITY OF TAMARAC AT MEETING QF PPR VED A5 /a g City Clerk 1 Page 18 �u HILL YORK �411 9/ s9 sRowARD, INC. P.O. 80 350155 • 2125 S. ANI)REWS AVF.N(Ir • FORT LA IIMitDALE, FLOIiiDA 33335 • P11ONE 525-2971 • FAX; 525-2973 1 April 5, 1989 F;,JtIJLD James A. Cummings, Inc. AN 6 1989 3575 N. W. 53rd Street Ft. Lauderdale, F1. 33309 C��S Attn: David Lewis Subject: Tammarac City Hall On Thursday 3/30/89, I met with Joe Vegazo of CMS. The following is a transcription of what happended: Those present for Hill York were: Robert W. "Chip" Lafferty Hill York Broward, Inc. Ray Liotta Design Controls Ed Sharp Hill York Service Brian Bozer Winchester Sheetmetal Others present: VJoe Vegazo Alan Levine Leonard Kitchman CMS City of Tammarac City of Tammarac 1) The energy management panel was reprogrammed for a second time to load in the schedule the city desired. A full and complete explanation of the system was given by Ray Liotta and program training was provided. Should further changes be needed, the city is now qualified and will be responsible for making those changes. The functions that are now being performed are: Time of day scheduling (for AHU's), optimized start/stop. Duty cycling ( not applicable) and dirty filter indication as well as controlling pumps and cooling tower fans to maintain condenser water temperature. This is as outlined in your change description # 7 dated June 12, 1987 and in our change order # 1 dated August 6, 1987 from James A. Cummings. A description of the above will be added to the operation & maintenance manuals. Items specifically excluded from spec. 15970 2.06D were: 3. Peak demand limiting, 5. Economizer control, 6. Enthalpy change over, 7. supply air reset, 8. Chilled water reset, 9. Economizer control, 10. outdoor air reset, Event initiated programs. As you can see, number 7 was excluded, therfore this function will not be installed as you are requesting. This option can be furnished to the owner at a price of $1625. Page 2 James A. Cummings. Tamarac City Hall Other options not required but supplied and demonstrated in the training were overrides, timed overrides, data logging, Holidays and flow status. These items were provided at no additional charge. As a result of the reprogramming, several units went down in the afternoon which were promptly reset. Apparently, all the units went down in the morning that same day due to a fire alarm malfunction, please recognize this is not under our control. The penthouse louvers on the roof are suspect to water intrusion. After a thorough inspection it was determined that water intrudes only when a severe storm with severe winds blow the water at such an angle against the stormproof louver blade causing mist/droplets to form on the roof of the penthouse. As a precaution, we added an additional amount of caulk to the roof seams in the penthouse per Joes direction even though we all felt sure that water could not intrude through that type of metal seam which is also coated on the interior with an insulating mastic. If you review the plans/specifications and contract documents, you will find this penthouse, which was approved, is of equal stature. VAV box marked 2/10 is a misnomer. It appears that all VAV boxes over 5KW are to be 480 volt/3 phase as is this box. This box is a combination of V2-7 & V2-10 which were originally both 277 volt/l phase but in combination they total 5KW. Therefore three phase. The Vav box can be changed. It appears through a field inspection by myself that the electrical change would be easier. I am still not clear who is at fault here. Please call me to work out this item. The cooling tower equalizer line is specified 6" but Hill York installed a 2" line which is adequate by the cooling tower manufacturer as previously submitted. We will change -the line to 6" but it will require 2 continuous days of shutdown to allow for installation and PVC glue drying time. Please schedule on a M--F from 7-3PM, or since the two inch is performing adequately, we would offer a credit of $ 450. to the city. Please advise. The test and balance was completed by independant T & B Company and reports were submitted to you. Page 3 James A. Cummings Tamarac city Hall If areas are not adequate please consult the Design Engineer for reinspection and reengineering. We have had a Service Technician making adjustments on VAVrs to provide a temperature balance but this will soon come to an end. .We are waiting on one VAV part for the Mayors office. I understand this part has been on order for many weeks. This part is to allow the heat to energize and does not effect the cooling performance of the box. I will see to it that the part is installed as soon as possible and not forgotten. Lastly, the units will now come on at 6 AM, one hour earlier than previously programmmed at 7 AM. This should handle any complaints of a warm building at 7 AM when the inspectors arrive. We have made a diligent effort to keep your/our customer happy, the City of Tamarac. I can assure you we will continue to promptly serve your needs. Very truly yours, HILL YO K BROW C. Robe t W. h p' L fferty, P.E. RWL:hep CC: All Attendees Mayor Abramowitz Mr. Kouzzo Jim Ying Jim Stahnke Rick Deere 1