HomeMy WebLinkAbout1989-04-19 - City Commission Special Meeting Minutes7525 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321-2401
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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
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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.
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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
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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
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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