Minutes 09-23-93 MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS,
CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, SEPTEMBER 23, 1993 AT 6:00 P,M,
PRESENT
Edward Harmening, Mayor J. Scott Miller, City Manager
Jose Aguila, Vice Mayor James Cherof, City Attorney
Lynne Matson, Mayor Pro Tem Shannon Burkett, Deputy City Clerk
David Katz, Commissioner
Robert Walshak, Commissioner
CALL TO ORDER
Mayor Harmening called the meeting to order at 6:00 p,m. The purpose of the
meeting was to interview and rank the consultant engineering firms interested in
providing engineering services for the modifications to the-existing HVAC
systems ~hroughout the City Hall Complex.
1. Ralph Hahn ~ Associates, Inc,
Bill Bradford, President of Ralph Hahn & Associates, is a Mechanical Engineer.
R--a'T~h Hahn & Associates, ~c~ is a full'service architectural and engineering
firm with offices in West Palm Beach, Orlando and Springfield, Illinois. The
firm was started in 1961, and the West Palm Beach office was opened in 1974.
Mr. Robert Knoedler, Vice President and Mechanical Engineer, and Bob Vickers,
Architect, were also present.
On this particular project, Bob Knoedler will be the Principal-in-Charge. He
was responsible for the study which was provided to the City. Bob Vickers will
be in charge of the architectural part of the project. Ralph Hahn & Associates
is ready to supply a full contingent of personnel to wonk on this project.
With regard to experience, Ralph Hahn & Associates has been working on Crestwood
Middle School and Jupiter Middle School. Both of these projects are indoor air
quality projects. They have been massive phasing projects in order to keep the
schools in operation. Mr. Bradford also supplied a list of additional projects.
Mr. Knoedler advised that some of their work on the City's project was already
done during the gathering of information for the study. A block load calcula-
tion was done of the cooling loads to help identify the problem. They have pro-
posed alternate solutions, some of which are simple maintenance items such as
retrofitting the existing equipment. Some other optional solutions will upgrade
the system in terms of rezoning some of the building, going from an existing
constant-volume system to a VAV system or multi-zone system. The firm feels
the optional solutions will better control the humidity in parts of the
building.
The repont outlines a number of problems and some of those items have been
acknowledged and cleaned up by Clayton Environmental.
Mr. Bradford reported on the findings of the inspection of the inner liner of
the air handler casings. There was corrosion which caused rust in areas which
were exposed to outdoor air. Further, it was determined that splinter ducts
were not drawing the amount of ventilation required. The drawings indicate
adequate ventilation if the quantities were being achieved.
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MINUTES - SPECIAL CITY COMMIsSIoN MEETING
BOYHTON BEACH, FLORIDA SEPTEMBER 23, 1993
In conclusion, Ralph Hahn & Associates feels they have the experience necessary
to perform the project well. They have done this work for a variety of clients
in government, institutions, industry and education. They have received out-
standing com~.endations and have had good working relationships with their
clients which date back twenty years.
Vice Mayor Aguila realized that items will be found during the project which
were missed during the information gathering; however, he inquired whether or
not Ralph Hahn & Associates felt confident enough with their report that they
will solve the problem without any major surprises.
Mr. Knoedler said they have identified the problems; however, there are options
in several areas. As a minimum, the City will have to recondition the air
handling units and rebalance the coils. In some areas replacement of the coils
will be necessary. The firm offered a step up in a few areas where they felt
that a VAV system or multi-zone system would afford a better solution. The dif-
ference in costs has been defined.
One project Ralph Hahn & Associates worked on which was similar to the Boynton
Beach project was the University of South Florida's College of Public Health.
The firm was able to solve those problems and the corrections have been working
for five years. AT&T in Orlando has been working for one year and it is going
well.
2. Smith Seckman Retd~ ,!n~,,
Jtm Baker made the presentation. Smith Seckman Reid is a 170-person firm with
~-¢~i~n Nashville, Fort Lauderdale and Houston. The Fort Lauderdale office
has twenty-five (25) people with specialties in mechanical and electrical
systems. The mechanical systems include HVAC, plumbing and fire protection.
The firm has had twenty (20) years of experience. Over the past five years,
they have completed projects in Florida for $750 million total construction
cost.
Smith Seckman Reid has a national identity as hospital consultant specialists.
Cleveland Clinic, Memorial Hospital of Hollywood, South Miami Hospital and Cape
Coral Hospital are some of their clients. Mr. Baker will be the Project
Manager. Mark Martyak will be the Principal-in-Charge. Smith Seckman Reid has
experience in the kind of work required by the City of Boynton Beach. He
further pointed out that 90 percent of hospital work is renovations.
The scope of the project is to evaluate the HVAC systems using the report which
has already been done. There will be some removal of internal duct insulation
and insulation from the inside of the air handler units. There may be a need to
remove coils and replace them with~deeper coils.
The project approach is to review the reports and tests already prepared as well
as Code requirements. It would be necessary to verify operational problems
indicated in the report as well as look into the temperature zoningproblems.
Mr. Baker poi:nted out that Smith Seckman Reid has an extremely good relationship
with Trane Company. Mr. Baker has already been in touch with Bill Easterday to
do some preliminary investigations. The outside air which is noted on the orig-
inal contract documents does not correspond with the entering air conditions
which are scheduled. That leads Mr. Baker to believe that there is some addi-
tional capacity existing on the coils.
HINUTES - SPECIAL CITY COHHISSION HEETING
BOYNTON BEACH, FLORIDA SEPTEMBER 23, 1993
Many of the problems will occur in the equipment rooms. The coil removal can be
done on three-day weekends. The work will have to be phased in the Police and
Fire Departments because of the fact that they have twenty-four hour, seven-day
per week operations.
Smith Seckman Reid takes pride in-the fact that they are cost effective and
provide solutions. Mr. Baker used charts to explain how the air handling unit
coils will be cleaned or replaced within a twenty-four hour period.
Mr. Baker used another diagram which depicted the air conditioning units in a
mechanical room. He explained how the ducting works well to get air out into
space, but because of only two short pieces of return duct, the air cannot get
back. This results in stagnant air and lack of ventilation. Mr. Baker advised
that a modified return duct system might be the answer to this problem.
Mr. Baker feels Smith Seckman Reid will be able to meet the scheduled completion
date and thinks some of the buildings can be completed even more quickly,
Mayor Pro Tem Matson thanked Mr. Baker for his example of how they would change
the system.
In response to Vice Mayor Aguila's questions, Mr. Baker advised that Smith
Seckman Reid has been in operation in Fort Lauderdale for two years. He further
stated that he would use the Hahn report as a springboard, but he will be in-
vestigating the equipment and systems himself. Smith Seckman Reid can handle
any renovation project which involves heating, ventilation or air conditioning.
He feels this is an HVAC renovation, which was not done properly the first time.
3. Stolley & Associates, Inc.
Charles "Bud" Stolley introduced Kent Stolley, Vice President of the firm.
The firm was founded in Florida in 1969, and has been in business for twenty-
four years. The technical employees have been with the firm for an average of
thirteen years. Every project is supervised by Charles or Kent Stolley. One of
those two gentlemen wilt be the Project Engineer. Stolley & Associates, Inc.
provides design, investigative work, construction phase services, and services
during start up after construction is completed.
Stolley is aware of the problems from the report. If additional problems are
uncovered, they will be identified. They will review the indoor air quality
report, all of the building drawings which will include the architectural and
structural drawings to determine whether or not there is space for duct work if
it is necessary. They want as much input as possible.
In preparing the drawings and specifications, they advocate CADD drawings and
computerized master specifications. Kent Stolley advised ~that the people
involved in the design will be involved in the construction phase.
During the bidding phase, Stolley & Associates responds to the questions from
the bidders and assists in the evaluation of the proposals. They will make
recommendations with regard to the selection of the contractor.
In response to Vice Mayor Aguila's question, Charles Stolley advised that the
projeCts Stolley & Associates were involved with similar to our project are
Barnett Bank in Cocoa Beach, Coral Ridge Towers Condominium in Fort Lauderdale,
and Motorola in Plantation.
HINUTE$ - SPECIAL CITY COI~I$$IONNEETING
BOYNTON BEACH, FLORIDA SEPTEHBER 23, 1993
Attorney Cherof advised the Commissioners that when voting, number one would be
the first choice.
While the votes were being tabulated, Attorney Cherof continued with the second
item on the agenda.
B. UPDATE ON FIN!ZIO V$, CITY OF BOYNTONBEACH
Attorney Cherof reminded the Commissioners that he was requested to contact Mr.
Vance to ask him to obtain a verbal opinion from the IRS counsel in Washington.
During discussions with him, Attorney Cherof was advised that he would not do
that, and does not feel it is possible to get an opinion in a short period of
time. Further, he does not think it is possible to present the facts verbally.
He recommended the City rely on a written response.
Mr. Vance also advised Attorney Cherof that he wishes to withdraw from the case,
and asked that the City substitute counsel for him. Attorney Cherof was in con-
tact with several other law firms who have expressed interest in the case. More
details of the case will be supplied to them upon direction from the Commission.
In response to Mayor Harmening's question, Attorney Cherof requested the Commis-
sion's authorization to tentatively interview some people in an effort to retain
someone so that the City is not at risk in the event of a hearing on short
notice. Mr, Vance has the responsibility of transitioning the case.
Vice Mayor Aguila expressed his opinion that Mr. Vance's answer was highly
irresponsible. Further, he inquired as to whether or not Attorney Cherof felt
he knew enough about the case to determine if the City can get it resolved
quickly. Attorney Cherof felt he does not know enough at this point, but he is
in a position to gather the information quickly. He did not feel that action
would be improper on his part.
Vice Mayor Aguila asked Attorney Cherof if he would be able to contact Ms.
Greenhouse to determine the "sticky points". Attorney Cherof advised that he
has had a brief conversation with Ms. Greenhouse within the last few days. He
feels he will be able to narrow down the outstanding issues in an attempt to
assist in implementing the,Order.
Notion
Vice Mayor Aguila moved that Attorney Cherof do the following:
1. Contact Mr. Finizio's attorney to determine the outstanding issues;
2. follow up on getting Attorney Tannenbaum to provide his opinion in
writing to the City of Boynton Beach; and
3. pursue possible transition counsel to get this resolved,
Mayor Pro Tem Matson inquired as to whether or not a request should be made from
Attorney Tannenbaum for a "hold harmless" agreement. Mayor Harmening and Vice
Mayor Aguila advised that that would follow once it is determined that the City
can rely on his opinion.
Mayor Pro Tem Matson seconded the motion.
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MINUTES - SPECIAL CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA SEPTEMBER 23, 1993
Commissioner Walshak feels Mr. Vance's conduct is a crime. It was Mr. Vance's
opinion that the City could win the case, and it appears from the bills that the
only person who rhaS won is Mr. Vance. He is not surprised that Mr. Vance wants
to resign from the case. Mr. Vance dictated the release which was signed by the
plaintiff. Then a few days later, in court, he said it was inadequate.
Commissioner Walshak feels Attorney Cherof can settle this case within a few
days. He suggested Attorney Cherof bury all of the negative memoranda he has
received. He fully supports any action Attorney Cherof might take to get this
case settled intelligently without costing the taxpayer's and the City a great
deal more money.
Commissioner Katz agreed with Vice Mayor Aguila's motion with the exception of
engaging new counsel. Vice Mayor Aguila advised that his direction was to
research and find new counsel. Commissioner Katz is opposed to researching or
finding new counsel and will not support the motion with that portion included.
Vice Mayor Aguila advised that if the other portions of the motion are resolved,
new counsel wi)ll not be necessary. Attorney Cherof advised that no one will be
on the payroll until all the possibilities are explored. There has been no
indication from the plaintiff that he wishes' additional litigation,
In response to)Commissioner Katz' question about whether or not Attorney
Cherof's resea:rch would cost additional money, Vice Mayor Aguila advised that is
part of his re~tainer.
The motion car~ried unanimously.
Returning to the selection of a consultant engineering firm, Attorney Cherof
provided the following ranking:
1. Smith Seckman Reid, Inc.
2. Ralph Hahn & Associates, Inc.
3. Stolley & Associates, Inc.
ADJOURNMENT
There being np further business to come before the Commission, the meeting prop-
erly adjourned at 7:00 p.m.
THE CITY OF BOYNTON BEACH
Vi~e Mayor
ATTEST: ~ -
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