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Minutes 04-23-91MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, APRIL 23, 1991 AT 4:45 P.M. PRESENT Arline Weiner, Mayor Edward Harmening, Vice Mayor Jose' Aguila, Commissioner Lillian Artis, Commissioner Lynne Matson, Commissioner J. Scott Miller, City Manager Jim Cherof, City Attorney Sue Kruse, City Clerk Mayor Weiner called the meeting to order at 4:45 P.M. 1. Consider a proposed settlement offer reference Miller, Meier, Kenyon & Cooper arbitration case (Architects for City Hall Complex, Library and Public Works Complex) City Manager Miller reported a mediation session had taken place on April 3, 1991. Areas Of dispute were covered including the contractual agreement dated April 2, 1985, between the City and Miller, Meier. Miller, Meier felt the City owed them $265,000. The City felt it owed substan- tially less than that figure. Mr. Miller reviewed some of the specific facts and figures involved and explained some of the areas of dispute. This is scheduled to go into binding arbitration next month, pursuant to the provisions of the agreement. Mr. Miller explained that if this goes into arbitration, they would be looking at a fairly long and expensive course. The last time he had been involved in arbitration on a building contract, they were in hearings five days and the minimum cost to the City was between $25,000 to $30,000. That was in 1986. This is a substantially larger project and it could easily take five days. The City has to assume all its costs and attorney fees as well as expert witness fees which can be up to $250/hour. Mr. Miller estimated it could end up costing from $30,000 to $40,000. Miller, Meier had put an offer of settlement on the table of $200,000. Initially, both the City Attorney and Mr. Miller had been unable to endorse that figure. Since that time, City Manager Miller had discussed this with Mr. Jordan Miller, the head principal of the firm, and they had come up with a proposed settlement figure of $185,000. If this is not accepted and the matter doesn't go into arbitra- tion, there was an outside chance that the City could get away with less than that. On the other hand, it could cost more. City Manager Miller explained this involved an AIA contract, which is not pro-City but is pro-Architect/Contractor. The City no longer uses this form MINUTES - SPECIAL CITY coMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 23, 1991 of agreement for contractors and architects. The City Manager was leary of going before a panel of arbitrators who might possibly be "pro-Architect/Contractor." Mr. Miller thought settling for $185,000 might be the way to go. The City has appropriated dollars currently in th~ Capital Improvement Fund (at least $200,000) which could be used. Commissioner Aguila agreed the contract was very "pro-Architect." He believed the City should go with the $185,000. Vice Mayor Harmening moved to settle this for $185,000. Commissioner Matson seconded the motion. City Attorney Cherof interjected that if they are going to approve the settlement, he needed them to go a step further and authorize the Mayor and City Clerk to execute a General Release for Miller, Meier representatives to sign. Vice Mayor Harmening indicated he wished to amend his motion to include authorizing the Mayor and City Clerk to sign the General Release. Commissioner Matson was agreeable to the amendment. Commissioner Aguila asked if there were any other design or architectural "monsters" pending. City Manager Miller indi- cated this would be the end. The City had settled with Seppela and Aho. If this settlement goes through with Miller, Meier, then the book is closed on this project. Mayor Weiner called for a vote on the motion. The motion carried 5-0. e Proposed settlement offer reference Former Mayor Gene Moore's law suit for salary and expenses during his term of office Following the last Commission action on this topic, City Attorney Cherof explained he conveyed the proposal to Mr. Moore's attorney. He responded a day later that Mr. Moore would accept in settlement the $4,800, provided the funds are payable to Mr. Moore as opposed to designated charities and that it be earmarked as reimbursement of expenses° That was Mr. Moore's counter proposal. The Commissioners agreed Mr. Moore was entitled to the $4,800. Commissioner Aguila moved to accept this offer. Commissioner Matson seconded the motion which carried 5-0. Interview and rank the firms for Planning/Design/Architectural Services for Five Park Development Projects 2 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 23, 1991 City Manager Miller explained five firms would make presen- tations. The presentations will be limited to 20 minutes. Ten minutes will be allowed for questions and answers at the conclusion. Mr. Miller had developed an evaluation form for the Commission to complete, should they wish to use it. Presentation of Keith and Schnars, P.A. Mr. Arnold Ramos, P.E., P.L.S., one of three owners of the firm, explained their principal office is in Ft. Lauderdale but they have a strong presence in Palm Beach County. Their office in Boca Raton has been doing work on downtown Boca Raton. That was also the office used to get approvals on the 22nd Ave. Interchange near Quantum Park. The State Rd. 80 office is an office the DOT had them lease during the time they were doing the construction supervision on State Rd. 80. That job has been completed. The lease for that office expires on May 9, 1991. It was listed as one of their offices, not as one of the places where the work will be done. The principal amount of work will be done from the Ft. Lauderdale office. The Boca Raton office will be used to support. Ms. Sheila Rose, A.I.C.P., Director of Planning, pointed out that in the last four years this project team has completed 12 parks in the area. Four more are under construction. Ms. Rose introduced several key people who will serve. Mr. Kevin Cavaioli, R.L.A., indicated he would be the Pro- ject Manager responsible for day-to-day production and coor- dination of the team. Mr. Cavaioli commended the City for seeking input from the community and not coming up with a preconceived Master Plan. Mr. Cavaioli showed slides of the Boynton Lakes site and pointed out that because of the resi- dential neighbors the activity and lighting should be stra- tegically located so as not to have an adverse impact. Mr. Cavaioli thought it was important that the slopes of the lake be surveyed for safety purposes. Slides of the Quantum site were viewed. Mr. Cavaioli remarked that this site could have active recreational type facilities. The environmental areas will be integreated into the Master Plan. With regard to the Intracoastal site, Mr. Cavaioli inferred that with the shallow waterway and sea grasses, creative ideas may be used to obtain permitting for certain facilities. If the City decided to go with a Civic Center there or a marina type facility, sensitivity %o the neigh- borhood would be critical. Numerous slides were shown of the firms other completed projects and ideas were proposed. ~r. Cavaioli commented on several grants that his firm had helped different cities obtain for park projects. MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 23, 1991 Mr. Bill Sadler, Jr., P.E. addressed some of the engineering issues. His firm had visited each of the future park sites. He stated they had determined there were not really any major engineering concerns. At the Intracoastal site, however, he believed the utilities are old and need to be upgraded. That cost needed to be addressed up front so the firm could come back with some realistic budget numbers. He commented on a 10' to 12' layer of muck which exists at the Boynton Lakes project. This should be addressed up front. At the Intracoastal site, they would look at the possibility of additional boat ramps, a marina, etc. Mr. Sadler understood the City was looking,into securing a grant through FNID for an access channel into the Boat Club Park. Mr. Sadler knew the water was shallow at the Intracoastal site. With any access in that area, they would be looking at environmental concerns. Mr. Jim Goldasich, Principal Biologist, explained his prime involvement would be to identify the environmental con- ditions at the sites and try to incorporate those conditions into the ultimate design of the parks. The Quantum Park site has scrub and wetland habitat which have to be pre- served. Mr. Goldasich expounded on creative things that could be done at this site as well as the Intracoastal site, -while minimizing any habitat damage. Mr. John Vaughan, Architect with JHG/Brenner & Jones, ~xplained they do not come in with any preconceived ideas, but design according to each site. They are fully integrated with CAD which allows them to interface with Keith and Schnars. Mr. Ramos commented on projects his firm has completed which have come in under budget. On two projects where there had been overruns, they overran because of a decision made by the City to fully sod the parks. Mr. Ramos stressed the need to work with the neighbors near the parks. His firm has worked closely with well qualified minority firms. Relative to the Boynton Lakes site, Commissioner Matson asked what type of barrier the firm would propose to keep people away from the lake. Because of the muck problems, Mr. Ramos indicated the banks of the lake have to be redressed. He commented on heavy planting that could be used, so a person would have to struggle to get out in the water. At some parks small, low, seawalls and berms, heavy plantings or post and rail fencing are effective. Presentation by Wallace, Roberts & Todd Mr. John Fernsler, AIA, a Partner with the firm explained his 15-year background working in South Florida. Ail of 4 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 23, 1991 those years have involved work for the City of Boynton Beach. Ms. Kathryn O'Leary, the Senior Landscape Architect who will be responsible for the planning and design work and Mr. Rick Rossi, of Rossi and Malavasi, the subconsultant civil engineers, were introduced. Mr. Fernsler explained the background of his firm and the variety of services his firm provides. Mr. Fernsler will be responsible for the Master Planning of the project. Ms. O'Leary will be respon- sible for the design aspects. Mr. Rossi will lead the civil engineering aspects with Norman Bray and Associates and Lakdas-Yohalem Engineering, a minority owned firm to assist. Mr. Fernsler made remarks about his firm's credibility at the local, State and National levels, with a specialized track record in parks. He commented on the need to build several parks, on time, on budget, while satisfying the com- munity. Remarks were made about design excellence and local, State and National design awards received. Mr. Fernsler believed it was important to talk with community representatives to build a consensus on what should go in at the parks. Other remarks were made about assistance the firm could provide in raising grant funding and other mecha- nisms. Mr. Fernsler expounded on numerous park projects the firm had been involved with and slides were viewed. One of Mr. Fernsler's first projects in the State of Florida about 15 years ago was to Master Plan the Boynton Beach parks & recreation system. He believed the firm had a great deal of insight into where the system has come from and where it is headed. Mr. Fernsler Master Planned Congress Ave. Community Park. Each of the park sites had been visited and Mr. Fernsler had talked to people in their backyards to deter- mine their concerns. He commented on being about to take something that may be viewed as a liability, such as a canal, and transform it into an amenity. Reference was made to the Quantum site. Mr. Rossi served as the civil engineer on the early preparatory work on the industrial development and Mr. Fernsler didn't believe there was anyone who knew that site as well. Mr. Rossi stated his firm worked with WRT on the Congress Ave. Community Park. He explained the engineering design he had done for Quantum Park's roadways and water/sewer system. His firm served as engineers on the Boynton Lakes project and he believed they were very familiar with what needs to be done there as far as civil engineering. Remarks were made by Mr. Fernsler relative to environmental concerns on certain sites. He referred to the Intracoastat site and the experience his firm has in placement of private facilities such as the large restaurant (RumBottoms) adja- 5 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 23, 1991 cent to public parks. Nearby private facilities can help the public park get the draw in population that it needs to support recreation activities. They were also aware of the need for more passive, traditional recreation at this loca- tion such as picnic facilities, boatramps, etc. Although the City has well-used boat ramps nearby (at Boat Club Park), that might be an option at the Intracoastal site. The waterfront site has the potential for unique ideas which could serve as a catalyst to draw the public and create activity. There was some discussion between Commissioner Aguila and Mr. Fernsler on a few projects the firm had handled that had run over budget and time schedule. Mr. Fernsler explained the project was not over WRT's estimate, but was over the amount the City had allocated, due to unknowns with regard to the civil engineering aspect. Mr. Fernsler stated it had nothing to do with WRT's work which was the landscape design. Mr. Fernsler indicated they were within 5% of the amount they told the City the project would cost in both cases. Commissioner Aguila commented on the location of WRT's office in Coral Gables as he was concerned about day-to-day attention to the project. Mr. Fernsler stated WRT makes a commitment to their projects. At another park project they were there every other day to supervise. They would make the same commitment here. As far as Mr. Fernsler was con- cerned, that distance is a negligible factor in terms of their willingness to be responsive to the needs of the pro- ject. Commissioner Matson asked what WRT would propose as a barrier to keep people from wandering too close to the edge of the lake in Boynton Lakes. Mr. Fernsler thought they needed to ensure that the banks of the lake are graded so if a child did wander in, the child would not immediately be endangered. He thought it could be handled with landscaping and an actual chain link fence would be a last resort. That lake is an amenity and they wouldn't want to destroy that amenity value unless it's absolutely necessary. Mr. Fernsler indicated WRT was ready to start on the project immediately. Presentation by Edward D. Stone, Jr., and Associates Mr. C. Douglas Coolman, ASLA, explained he would serve as the Principal-in-Charge of design. He introduced Mr. Jay Flynn, P.E. of Williams Engineering, Inc. who would serve as the civil engineer on the project. Also introduced was Mrl Bob Straight, Architect with Architectural Design Group,-- 6 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 23, 1991 Charles Love, Technical Manager, and Doug Smith, Project Manager. Mr. Coolman thought it was significant that these firms had been together for well over seven years and they had worked on two of the City's projects, namely, Ocean Front Park and Boat Club Park. Doug Smith discussed "consensus building" which takes place with the public in the pre-planning stages. Mr. Coolman pointed out this process was used when his firm was involved in work on Ezell Hester Park and Rolling Green Park. Computer imaging proves helpful during this stage as they can take examples of solutions they are working on and portray them prior to actual construction. Slides were viewed that showed projects the firm had worked on which were similar to the five parks currently being addressed. Mr. Coolman encouraged Boynton Beach to give City officials in Ft. Lauderdale a call in connection with the Beach and Riverwalk project his firm had recently completed for that City. Mr. Coolman pointed out his firm had been involved with more than 60 parks projects, including active and passive use and waterfront parks. Between the firms involved, there would be within a 45 minute drive, over 100 persons on staff. Edward D. Stone, Jr. and Assoc. has ten years of experience working with the City of Boynton Beach. Quotes from recom- mendation letters were made available and Mr. Coolman urged the Commission to contact those people if possible. He described the computer capabilities of his firm. Vice Mayor Harmening referred to the Boynton Beach project and asked why their engineer didn't specify stainless steel anchors and fasteners when they were working that close to the ocean. One of the gentlemen responded they went through that scenario, using stainless steel bolts, angles, clips and hardware, and it was very expensive. They chose to go back to galvanized steel. They used stainless steel for all the door hardware and the hinges on the bath house, but on the deck work the galvanized steel was a budget item. Remarks were made about benches at Boat Club Park that have steel pedestals which are falling off. Presentation by Gee & Jenson Mr. Russell Devick, Sr. Vice President of Gee & Jenson, explained one of his rolls would be overview of the project and to assure that there is adequate commitment of resources tlo complete the requirements. Richard Staudinger, P.E. would serve as Client Liaison. Jim Park, A.I.C.P., would be tlhe Project Manager. The Project Designer/Engineer is Tracy Robb, E.I. Mr. Devick remarked that Gee & Jenson had been i!n this area for about 40 years. 7 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 23, 1991 Mr. Park explained his background in parks and recreational facility planning. Various completed park projects were referred to including the Okeeheelee Park which Gee & Jenson has been working on in various phases over the last ten years. Mr. Park believed it was important to determine at the very beginning, what the capacity of a site is to accom- modate certain functions. It is important to be realistic about what can happen on the site and how much activity can occur there without disrupting the surrounding community, the infrastructure or natural resources on the site. Access, soils, drainage, vegetation and environmental con- ditions need to be looked at closely. Twenty years down the road, the needs of the neighborhood may be different than what they are now so you try to leave room in the planning of these facilities to accommodate changing needs. Needs of different age groups should be accommodated on the site. What is the best utilization of funds available? Various large visual charts were used to show the variety of park facilities Gee & Jenson has been involved in over the years. Mr. Park felt the small size of three of the City's sites would limit options somewhat. They would probably look for passive activities on those three sites. Mr. Park commented on the wide variety of services available from Gee & Jenson. The only time they would use outside services would be in the case of geo-technical soil analysis in which case they would bring in an outside firm to assist in the testing. The steps in the planning process itself were explained. Mr. Park commented that community participation in establishing objectives is very important. Ms. Tracy Robb, Civil Engineer, stated her primary respon- sibilities include water/wastewater distribution and the paving and drainage portion of the parks. Ms. Robb com- mented on the specialized responsibilities of various indi- viduals involved in the project. Mr. Staudinger emphasized the experience of Gee & Jenson in park design. He pointed out there already is a working relationship with City staff. Comments were made about the firm's capabilities with state-of-the-art technology such as computer imaging. Commissioner Aguila asked if Gee & Jenson would have a problem if the Intracoastal site were handled separately from the neighborhood parks. Mr. Staudlnger stated his firm Would have no problem with any combination of the parks. Remarks were made about Gee & Jenson's current working rela- tionship with the City. Mr. Staudinger wanted to make sure there were no questions in anyone's mind about conflict of interest. Mr. Staudinger had conducted research on this and MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 23, 1991 asked the City Attorney and City Manager about this. They had expressed the opinion that there was no problem because Mr. Staudinger does not serve on the selection committee deciding who will do the work and he does not sit in a supervisory capacity as the City Engineer reviewing designs on projects. Mr. Staudinger stated the Commission should look at him like any other engineering firm that has another contract with the City. Commissioner Matson was pleased that Gee & Jenson had addressed on-going maintenance costs in their remarks as well as the need to accommodate different age groups. She had not heard that in the other presentations. She was also glad they proposed passive parks in the smaller communities. She asked about liability at the Boynton Lakes Park if someone wandered too close to the lake. She wondered what could be used as a barrier to keep people back. Mr. Park thought it could be controlled with structures that won't be environmentally detrimental. They could use boardwalks with railings. People could then come up to the water and yet remain safe. He did not view that as a design problem. Other remarks were made. In response to a question raised by Vice Mayor Harmening about the firm's philosophy towards light, Mr. Parks com- mented that when there are residential properties in close proximity to the site, you should not anticipate nighttime use with lighting. That doesn't mean you couldn't have a security light somewhere near the entrance drive. Mayor Weiner was impressed with Gee & Jenson's philosophy about positive and negative uses and the need to minimize negative features. Mr. Parks indicated, if approved, his firm was prepared to begin work on the project the next day. Gee & Jenson uses several different minority sub-consultants. Presentation by A. Grant Thornbrough & Associates Mr. Grant Thornbrough, Principal-in-Charge, explained the group of persons present had been "hand picked" to specifi- cally work on the Boynton Beach projects. His landscape, architecture and planning firm has a major commitment to parks and public facilities. Comments were made about the professional involvement in the project of Ms. Terry Alexander, Landscape Architect/Planner/Project Manager; Mr. K. Daniel Shalloway, P.E. Of Shalloway, Foy, Rayman & Newell,. Inc.; Mr. Digby Bridges, AIA; and Dr. Donald Richardson of Ecological Consultants, Inc. All members of ~his team have worked together in the past. 9 MINUTES!- SPECIAL CITY COMMISSION MEETING BOYNTONiBEACH, FLORIDA APRIL 23, 1991 Mr. Shal,lloway believed the five parks under consideration could be. put in three categories, namely, 1) neighborhood parks (Meadows I & II and Boynton Lakes), 2) district parks (Quantum Park) and 3) waterfront facilities (Intracoastal site), iWhen working on a neighborhood park, Mr. Shalloway thought resident input is important. Input from community organizations or sports groups plays a small part in a neighborhood park because it is meant to serve the people that live nearby. The Quantum Park, because of its loca- tion, could handle more intense activities. On a site like that, input from community organizations and sports groups will be more important. Also, because of the environmental considerations there, environmental groups will come into play. In connection with the Intracoastal site, the next door neighbors will play a major part. If they decide to do anything "active" at the Intracoastal, then environmental groups would have strong input as well as the permitting agencies. Depending on the type of park, they would have to use the input to develop the Master Plan. Using a slide presentation, Mr. Thornbrough did an overview of opportunities that exist for the individual park sites. He commented that in a neighborhood park they may not want night sports with lighting. When explaining numerous faci- lities that could be provided at the Quantum Park site, he explained all of the elements could be provided on one side of the roadway so that kids wouldn't have to cross the street. There were a lot of possibilities for the Intracoastal site although there are some constraints such as condominiums on the south and a restaurant on the north. Mr. Thornbrough believed it would be difficult to make that site a boating oriented park because of the permitting constraints. Mr. Shalloway commented on the need for public participation in the development of neighborhood parks. In connection with the Intracoastal and Quantum Park sites, he commented on his ability to obtain permits for difficult projects. His firm brings the permitting agencies into the process early. His team has the ability to handle problems with Soils. He noted several of the park sites have large muck deposits. Mr. Bridges expounded on the large amount of government pro- jects the team has been involved in. Their philosophy in architecture is one of cost control. Their projects do not go over budget. On some projects, they have finished under budget as well as on time. Letters of recommendation from previous clients were made available as well as a summary of qualifications. 10 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 23, 1991 If the park projects were divided up, Mr. Thornbrough indi- cated they would be pleased to do any of the parks, however, he felt the "gem" was the Quantum Park site. Commissioner Matson referred to the Boynton Lakes project and what could be done along the lake to keep people from using it. Mr. Thornbrough believed they should try to take advantage of the setting by controlling access and directing activities away from it. Fencing that is not clearly visible could be considered as well as plantings. Vice Mayor Harmening asked about the group's philosophy toward lighting. Mr. Thornbrough realized that even in neighborhood parks some security and street lighting is needed. He commented that in neighborhood parks you can run into opposition to athletic field lighting as it sends light into peoples' backyards at night. In a district park, he believed the lighting is acceptable. Other remarks were made about advances that have taken place with lighting. At the conclusion of the final presentation, lengthy discussion took place among the Commissioners. Various opi- nions were expressed on aspects of the presentations that particularly impressed the Commissioners. Commissioner Matson brought up the idea of of using the three smaller parks as passive parks. She proposed that City staff be Used to design those three parks. They would be saving money that could be used towards making the two larger parks, "signature parks." Her idea was discussed with Charles Frederick, Director of Recreation and Parks and the Commission chose not to pursue her idea. The various Commissioners were polled as to who they would like to handle the jobs. The City Attorney and City Manager ~abulated the results which are as follows: For the Intracoastal Park First Choice: Second Choice: Wallace, Roberts & Todd Gee & Jenson For Three Neighborhood Parks and Quantum Park First Choice: Second Choice: Gee & Jenson A. Grant Thornbrough & Assoc. 11 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 23, 1991 ADJOURNMENT There being no further business, ~the meeting properly adjourned at 8:05 P.M. CITY OF BOYNTON BEACH ATTEST: ~Cit~ Clerk Deputy City Clerk (Four Tapes) 12