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Minutes 08-04-87MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, AUGUST 4, 1987 AT 7:30 P. M. PRESENT Nick Cassandra, Mayor Ralph Marchese, Vice Mayor Ezell Hester, Commissioner Leonard Mann, Commissioner Dee Zibelli, Commissioner Peter L. Cheney, City Manager Betty S. Boroni, City Clerk Raymond S. Rea, City Attorney Mayor Cassandra called the meeting to order at 7:30 P. M. The invocation was given by Reverend George Dettman, First United Methodist Church, followed by the Pledge of Allegiance to the Flag led by Commissioner Hester. Instructions to Audience Mayor Cassandra instructed the audience that if they wished to speak on an item that was not on the agenda, they should fill out one of the yellow forms at the back of the room, give it to the City Clerk, and they would be called to speak at the appropriate time. Those people that did not fill out a form would be called to speak after the other people spoke. If they wanted to speak on an item that was on the agenda, Mayor Cassandra said he would definitely require that they fill out a form, and they would be called when that item comes up on the agenda. He announced that there would not be a public audience on first reading of an Ordinance. Instructions re Consent Aqenda Mayor Cassandra told the audience that the Consent Agenda normally is approved with one motion. If there was an item on the Consent Agenda anyone wished the Commission to pull out for discussion, Mayor Cassandra said they should fill out a form now, so it could be pulled out. AGENDA APPROVAL Under the "CONSENT AGENDA, J. Approval of Bills," City Manager Cheney added the following bills: American States Insurance - building and contents insurance for new communi- cations building, $6,584.33; and Bekins Office Movers, $5,875.00 ($5,000.00 for the move and $875.00 for boxes, which the City will keep and use when moving back to City Hall.) He deleted item 2, "Quotation for Vertical Blinds" - 1 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1987 under "B Bids" and called attention to a correction in "I" saying the figure should be $2,927.00 and not $2,027.00. Mayor Cassandra added "2. Announcement" under "ANNOUNCEMENTS" and added some items after the "CITY MANAGER'S REPORT". He thought item 1, under "E. Construction Trailers" should be pulled from the "CONSENT AGENDA" because it was a tabled item. Under "LEGAL", City Attorney Rea added "E. Release of Mineral Rights - Quantum Park." Commissioner Mann moved, seconded by Commissioner Hester, to accept the agenda as corrected. Motion carried 5-0. ANNOUNCEMENTS 1. Proclamation - National Night Out - August 11, 1987 Mayor Cassandra read the Proclamation. 2. I Am An American Day - August 15, 1987, Boat Ramp Park, at 1:00 P. M. Mayor Cassandra informed the audience that Boynton Beach is sponsoring "I Am An American Day" for the second time. The Veterans Council asked him to invite all of the people. CITY MANAGER'S REPORT Codes Enforcement Inspectors Recently, the Commission authorized the addition of two Codes Enforcement Inspectors. City Manager Cheney reported that one will start to work on Thursday, August 6th, and one will start to work on Monday, August 10th. Towing Since the towing contract, City Manager Cheney announced that 67 vehicles have been towed, and other vehicles are still on the pending list. Concession at Beach The City has a lease with a concessionaire at the beach, which contains the right to transfer from one concessionaire to another. City Manager Cheney said the current concession- aire has chosen to transfer the lease .to another family, and - 2 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1987 the City did a Police background check on that. The current [ease provides that the Manager has the right to concur in that transfer. City Manager Cheney wanted the Commission to know that the transfer will take place on August 5, 1987. Day Care Center Within two or three weeks, City Manager Cheney thought he would be able to show the Commission a good design for the Day Care Center. He received a proposal and sent it back for a cost estimate. Morton Goldstein and Sally Costin's groups have been concerned about it meeting the City's standards for day care, as far as providing for expansion space for the students. Upcoming Meetings Wednesday, August 5, 1987, at 7:30 P. M., Chambers, City Hall - Multi-Purpose Building City Manager Cheney reminded the Commission that this will be a public input meeting to discuss the kinds of activities the City is planning for the multi-purpose building. They need to know the kind of activities so they can look at the size and shape of the building and locations. City Manager Cheney explained that it is not meant to be a hearing on locations but a hearing on what is to go into the facility. City Manager Cheney announced the following meetings: Thursday, August 6, 1987, at 7:30 P. M., Chambers, City Hall - Public Hearing on Amendments to Comprehensive Plan Friday, August 7, 1987, at 5:30 P. M., Chambers, City Hall - Workshop re Downtown Review Board Monday, August 10, 1987 - Sewer Board Wednesday, August 12, 1987, Pineland Plaza, at 7:30 P. M. - Workshop on Boynton Beach Boulevard (Urban Design's Concept) with Hank Skokowski, Consultant Thursday, August 13, 1987 - Sewer Board Friday, August 14, 1987, 5:00 P. M., Pineland Plaza - Workshop re Community Redevelopment Agency and Parking Study with Richard Rich, Parking Consultant City Manager Cheney advised that this meeting will just include the Commission and the Consultant. - 3 - MfNUTES- REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1987 Monday, August 17, 1987, at 7:30 P. M, - Workshop on ~ousing Element of the Comprehensive Plan TUesday, August 18, 1987, at 7:30 P. M. - City Commission Meeting Thursday, August 20, 1987, at 7:30 P. M. - Workshop re Sign Ordinance The City Manager's report was accepted as presented. Review of Code Book and Charter - Requested by Mayor Cassandra Two months ago, Mayor Cassandra recollected they said there would be plenty of time. It is now August, and he thought work should be coming back to the Commission, because there will be a workshop for the public's input, and then an Ordinance, which will take another two months. Before they know it, it will be December, and Mayor Cassandra said they need a certain amount of time for referendum items. He put together items of concern he had as priorities. Defininq Density Mayor Cassandra was concerned about defining the City's density factor, where they use total area and not clusters of home development. Colored Renditions The Planning and Zoning (P&Z) Board recently requested colored renditions. Mayor Cassandra wanted to see if it was possible for the applicants to also show buildings that are beside their buildings. Dish Antenna Law Mayor Cassandra stated that this law must be considered for Commercial and Residential. Presently, some dishes are on roofs, and he was concerned about wind and hurricane factors, because of the dishes. Under $100,000 Site Plan Review These do not come before the P&Z Board. Mayor Cassandra thought all plans should come before the P&Z Board, espe- cially if it involves commercial property where landscaping, etc. is involved. - 4 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1987 Conditional Uses Mayor Cassandra thought Conditional Uses should be tightened up, and he suggested that maybe acreage should be involved. He commented that maybe certain items should not be in the C-2, C-3, C-4 type of classification. Parking Variances Mayor Cassandra guessed this should go Attorney Rea. He has never been in favor of Advisory Boards giving out variances, but he did get a suggestion of super majority from a Board Member. Mayor Cassandra wanted to go to the concept of super majority on variances and not the majority vote of a quorum that shows up. A super majority vote for any variance was the way he wanted to go. Grandfather Clause These are conditional uses. For example, if someone has a building he uses to manufacture doors, and he subsequently sells the building to another person, Mayor Cassandra did not think the conditional use should go with the land. He wondered if the City could attack this problem in the Code. Landscape Requirements Mayor Cassandra alluded to the change of owners of the fish store on Boynton Beach Boulevard, where now there is no landscaping or parking. He wondered how the City could change that. Districting Mayor Cassandra had requests from citizens to look at adding more districts with regard to the two term limita- tions in the Charter. He did not know if that was a good idea but was asked to pass this on to the City Attorney. City Manager Cheney advised that it was a policy issue, and the Commission had to give the City Attorney some direction. He agreed with Mayor Cassandra that it was a referendum item. Mayor Cassandra said they know the two terms has to be addressed. There were further comments. Charter Mayor Cassandra was told the majority of the Commission would pass any law. He thought Commissioner Hester felt that maybe they shoUld go to super majority on any Compre- - 5 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTONBEACH, FLORIDA AUGUST 4, 1987 hensive or Land Use change, so that politics does not become involved with a 3-2 vote. ~ity Board Requirements Mayor Cassandra thought the City should look at its Boards. There are four or five quasi-judicial Boards, where the Commission has no control or say. Mayor Cassandra felt quasi-judicial Boards should have a qualified person on the- Board if such Board requires specialization, but all Boards should be looked at. Talent Bank Forms Mayor Cassandra thought the Talent Bank forms should be revised, so when a person fills out a form, they will give their qualifications for a particular Board. Water Agreements City Manager Cheney informed Mayor Cassandra that they will be discussing this at their next meeting. There were two water agreements on the agenda tonight, which City Manager Cheney was was going to suggest be tabled. Super Majority Commissioner Zibelli had suggested that Mayor Cassandra explain what "super majority" means to people in the audience who did not know. Mayor Cassandra's concern was that the City's Code Book says a majority vote of a quorum, which means if there is a Board of seven people, four people constitute a quorum, and three votes can pass a variance. On the Commission, if three are present, that constitutes a quorum. Two votes could pass a very sensitive issue. Mayor Cassandra commented that Boynton Beach has been confronted with many sensitive issues. With a super majority, they would need four votes on the Commission to pass any issue. Mayor Cassandra was only talking about the Comprehensive Plan Land Usage changes. He stated that definitely needed to be looked at. After they have something written down, Mayor Cassandra said it would be the Commission's decision as to whether all issues should have a super majority vote. Mayor Cassandra said the Board of Adjustment has a super majority vote. Five votes are required to pass a variance. The Planning and Zoning Board does not have that, and he thought it should also have a super majority vote. Mayor Cassandra thought those things should be addressed. He - 6 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1987 remarked that this is August. November will be here soon. Elections are in March, and referendums have to be put on the agenda. Plenty of time is needed. PUBLIC AUDIENCE Bicentennial Breakfast for United States Constitution, Thursday, September 17, 1987, at 8:30 A. M., Venetian Ballroom, Breakers Hotel, Palm Beach Bob Feinman, 11255 Bannock Ave., invited the Mayor and City Clerk to be his personal guests at this event, as well as the Senior elected Republican and Democratic municipal officials. Anyone wishing to go should call him at 738-5141. The breakfast is~being sponsored by a Countywide group of people, and they are obtaining money through sponsorships. Mr. Feinman said the cost is $5.00 per person, and people will be invited if they ask to be invited. Mr. Feinman was making the rounds of all of the municipalities. Direction Signs - Boynton Beach Mall John Marquez, 13380 Polo Road West, 104A, West Palm Beach, Florida 33414, a local store merchant versus national chain stores at the Mall, said the opening of the Mall drew thousands of people, but he was concerned about the future. This year, they are dealing with the renovation of the Palm Beach Mall and their grand opening. In 1988, they will be dealing with the PGA Mall. Mr. Marquez asked if the City could put up local signs that would direct people using the roads of Boynton Beach and 1-95 to the Mall. Congress Avenue is not yet a major thoroughfare, and the signs would be helpful to the merchants. Mr. Marquez mentioned this to the Mall Manager, who said he was turned down. He was not representing the Mall, but the local merchants. Mayor Cassandra said Mr. Marquez would get an answer from City Manager Cheney. The City Attorney may even get involved. Mr. Marquez informed City Manager Cheney that the name of his store is Fashion Shoppes, Inc., which is in Room 121. Commission and Police Chief Commended Leonard W. Kanonik, 1330 S. W. 28th Avenue, Golfview Harbour, commended the Commission for what they are doing in the downtown development, Tradewinds, and new bids on the build- ing of City Hall. He also commended Police Chief Hillery for straightening out the neighborhood. - 7 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1987 Multi-Families Mr. Kanonik said people are buying houses in Golfview Harbour, and renting them. Four or five trucks park in front of a house, and eight to ten people live in the house. It is !all over the City. He told the Commissioners to go to where his business is on 3rd Street and S. E. 10th Avenue, and they would see this. Licenses 95% of Mr. Kanonik's business is in Leisureville. Five years ago, he spent $105.00 a year for liability. Now he spends $175.00. Mr. Kanonik said a lot of people are work- ing without licenses, and he felt that their license fees have increased tenfold from $15.00 to $150.00. He was talking about people who do roof work. Mr. Kanonik said he has been complaining about this since 1979. Mr. Kanonik did not blame Codes Enforcement. Garbage day was today, but tomorrow morning, rubbish and garbage will be in front of houses. Mr. Kanonik felt these people should have a special pick-up and be charged for it, which is the way other towns do it. He elaborated. Speeding in GOlfview Harbour Mr. Kanonik commended Police Chief Hillery and added that everyone is doing a good job. Specific Addresses Mayor Cassandra said City Manager Cheney would respond to some of these things. City Manager Cheney asked Mr. Kanonik to give any specific addresses he could. As no one else wished to speak, THE PUBLIC AUDIENCE WAS CLOSED. CONSENT AGENDA A. MinUtes 1. Regular City Commission Meeting Minutes of July 21, 1987 - 8 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1987 B. Bids - Recommend Approval - Ail expenditures are approved in the 1986-87 Adopted Budget 1. Automotive Surplus Sale - Public Works The Tabulation Committee recommended awarding the sale of the vehicles to the highest bidders, as indicated on the tabulation sheets. The total came to $9,772.50. City Manager Cheney called attention to the fact that this was totaled a different way this time. Instead of having an auction, the City took sealed bids, and opened them up on a prescribed day. Almost every time the City has one or two vehicles, City Manager Cheney said they are proposing to put them up for sealed bidding. It seems to be working well. When they had the auctions, City Manager Cheney informed Mayor Cassandra that they relied on the skill of a pro- fessional auctioneer to push the bids up. Mayor Cassandra commented that the sealed bids would eliminate that. 2. Quotation for Vertical Blinds - Pineland Plaza and City Hall East Wing This item was removed from the agenda. See "Agenda Approval,'" page 1. See also "CONSENT AGENDA, B, 2," on page of these minutes. 3. Typewriter Equipment Annual Contract The Tabulation Committee recommended awarding the bid to Business Machines Inc., West Palm Beach, Florida, in the amount of $3,796.00, to be made in twelve monthly payments. 4. Sale and removal of lime sludge at the Boynton Beach Water Treatment Plant - Utilities The Tabulation Committee recommended extending the bid to Hardrives Inc., Delray Beach, Florida, in the amount of $1.76 per cubic yard, October 1, 1985 thru October 1, 1988 (extending for two additional years). City Manager Cheney told the new Commissioners that Boynton Beach is one of the few cities that has people pay to buy the lime sludge after it is taken out of the water treatment system. - 9 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1987 C. Resolutions 1. Proposed Resolution No. 87-CCC Re: Abandonment of 30' road right-of-way - Quantum Park "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A ROAD RIGHT-OF-WAY WITHIN QUANTUM PARK AT BOYNTON BEACH, P.I.D., PLAT NO. 4 AND 5, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ROAD RIGHT-OF-WAY; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" 2. Proposed Resolution No. 87-DDD Re: Abandonment of alley right-of-way Public Works "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING AN ALLEY RIGHT-OF-WAY LOCATED SOUTH OF THE PUBLIC WORKS COMPLEX WHICH IS LOCATED ON N. E. 9TH AVENUE AT N. E. lST STREET, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ALLEY RIGHT-OF- WAY; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" D. Development Plans None. E. Construction Trailers 1. Consider request submitted by Mr. Michael Puder, President of Southeast Development Enterprises, Inc., for approval of one additional construction trailer in conjunction with the construction of Waterview at Boynton Lakes ................. TABLED This item was pulled from the Consent Agenda. APPROVAL", page 1. See "AGENDA 2. Consider request submitted by Mr. W. F. Archinal of Warren E. Daniels Construction Company, for approval to place one construction trailer at CenTrust Savings Branch Bank at the Oakwood Square Shopping Center, located on Congress Avenue and Boynton West Road The Building Department recommended approval. The subject trailer was inadvertently placed but will not be used for construction purposes until a permit is obtained on August 5. If approved, the trailer will remain on site for approxi- mately six months. - 10 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1987 F. Consider request for refund on Lot 8, Block M, ~oynton BeaCh Memorial Park Ora Mo Walsh, 220-D South Boulevard, requested a refund of the purchase price of $125 less $25 (20%), or a total of $100. G. Transmittal of Road Improvement Fees to Palm BeaCh County By memo dated July 24, 1987, Grady Swann, Finance Director, wrote that during the period from April to June, 1987, the City collected $305,466.98, which is to be transmitted to Palm Beach County, to be placed in trust for use in appropri- ate zones. H. Ratification of South Central Regional Wastewater Treat- ment and Disposal Board action of July 16, 1987 Re: Authorization for Hazen and Sawyer to continue with their Screening Building Odor Abatement Project The funding, not to exceed $64,000, is to be assessed 50% to the City of Boynton Beach and 50% to the City of Delray Beach. I. Approve purchase of Call Detail Recording (Micro-Call) Software Hugh McCaffrey, Communications Manager, by memorandum dated July 29, said the City must obtain this independently. City Manager Cheney said the correct amount of the expenditure is $2,927.50. (See "AGENDA APPROVAL", page 1.) J. Approval of Bills See list attached. City Manager Cheney added the following bills: American States Insurance - Building and contents insurance for new communications building Bekins Moving ($5,000 for moving and $835 for boxes) $6,584.33 5,835.00 Commissioner Hester moved, seconded by Commissioner Mann, to approve the Consent Agenda, items A; B, 1, 3, 4; Resolutions 87-CCC and 87-DDD; E, 2; F; G; H; I with the correction of being $2,927.50; and J, with the addition of the two bills in the amounts of $6,584.33 and $5,835.00. Motion carried 5-0. - 11 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1987 BIDS A. Boynton Beach Municipal Facilities consisting of three sites: City Hall Complex - Library - Public Works..TABLED Commissioner Mann moved, seconded by Commissioner Zibelli, to remove this item from the table. Motion carried 5-0. Mayor Cassandra believed the Commission had listened to three representatives of the three final bids. He asked that they not repeat what the Commission heard two days ago and that they hold their presentations down to three minutes. He wished to have one speaker per bidder. Mayor Cassandra called Patrick M. O'Hara, Attorney for Seppalo & Aho Construction Company, first. Attorney O'Hara asked to be passed over until Flanagan's people had a chance to speak. Julie Ann Rico, Attorney for J. H. Flanagan Corp., 515 North Flagler Drive, requested that the Commission consider the request and award of the two projects to J. H. Flanagan Corp. She reminded the Commission that a suit had been filed in regard to J. H. Flanagan Corp.'s protest of the indication from the Commission that it would reject the bid and award a contract based on a factor which was not made known to all of the bidders at the time the bid specifications were advertised. Before he would take further action on their suit and request for remedial action, which requested that the Court determine the rights and obligations in the matter, enjoin the City from taking action, and direct the award of the contract to her client, Attorney Rico said the Judge today indicated in a ruling that it was the City's opportunity to take action tonight. Tonight, she urged that the City's action be taken so the award would be made to J. H. Flanagan Corp., so the need for the lawsuit would not exist. Attorney Rico was not here to pound the table and go forward on the suit but was here to (1) ask that the City consider the merits and the fact that there was a minor irregularity in the bid which should and must be weighed, such as the bid bond was complete, and that it be accepted. (2) That the award be made to the lowest and responsible bidder, that being J. H. Flanagan Corp. Attorney Rico said it would save the City at least $21,000 and was the lowest and best bid. Commissioner Hester was at the meeting when the bid came up, and he asked how Attorney Rico came to the decision that she felt the Commission was going to give the awards. Attorney Rico replied, "First of all, the City's staff recommenda- tions.'' Commissioner Hester did not see how they could say - 12 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1987 it seemed that way unless they had a reading from some of the Commissioners as to how they were going to vote. Mayor Cassandra felt the same way Commissioner Hester did but thought they should listen to the other people and then talk. Patrick M. O'Hara, Attorney for Seppalo & Aho Construction ~ompany, 3301 North Flaqler Drive, West Palm Beach, stated that their position was that the Commission could award the bid to anybody they wanted to award it to. The Ordinance and bid documents make it clear that the Commission can reject any bids. He believed this was the position taken by the City Attorney. Attorney O'Hara reviewed the documents and believed City Attorney Rea was correct in his interpre- tation of the law. Donald M. Allison, Attorney for R. L. LaRoche, Inc., 21301 Powerline Road, Boca Raton, reminded the Commission that he had submitted letters of protest dated July 10 and July 24 regarding the award of the contract. As he mentioned at the workshop, his client is very anxious to pursue the contents of the letters in the event the project is not rebid. Attorney Allison did not elaborate on the letters, because they speak for themselves, but he wished that they be incorporated into the record of this meeting. (Copies of said letters are attached to the original minutes of this meeting in the Office of the City Clerk.) Since that time, Attorney Allison said another basis upon which LaRoche predicates its request has arisen. He directed the Commission to the supplemental instructions to the bid specifications, which he said require at page 2 that the City award the contract within thirty days of the bid date, mainly July 30th. At this point, Attorney Allison said they were five days past the City's self-imposed deadline, when you look at the specifications which seem very clear in this regard. In view of the foregoing and the passage of time, R. L. LaRoche, Inc. protested any awards on all of the contracts at this time and urged the City to order a rebid under pro- cedures required for competitive bidding by the law of the State of Florida. Mr. LaRoche was present, and Attorney Allison wished him to explain to the City why the rebid process made sense, not only from avoidance of the legal problems, but Attorney Allison thought Mr. LaRoche could explain in detail the matters he touched on in the workshop and describe some of the savings the City could realize with the rebid process. Ronald L. LaRoche, 9401 N. W. 39th Court, Coral Springs, Florida 33065, stated that Attorney Allison did not read - 13 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1987 the paragraph he was referring to, which specifically said such award will be made within thirty days, or all bids will be rejected. Mr. LaRoche said those were the supplementary instructions to all of the bidders and the rules that the Architect in the City set up. He had elaborated in his presentation at the workshop that in the case of a rebid sitUation, there would be savings. Mr. LaRoche wished he had the time to go into detail because his staff worked four weeks in preparation for the bid. Mr. LaRoche did not think the City Commission should be so concerned with whether they are going to save $21,000 in a Flanagan/Seppalo combination as they should be as to the 1.2 million dollars over budget situation. He continued that Addendum 5 came out and instructed all of the bidders not to include the new Florida State sales tax on construction services, which he did not believe the City was exempt from. That would be another 2½% on top of the $8,000,000 bid, which would be another $200,000, so the City may be 1.4 million dollars over budget. Mr. LaRoche understood the reason that came out was because someone thought that since the funds had been appropriated before the bid date, that they were not subject to the law. In the four seminars he attended, that was not the case. Any contracts entered into after May 1st, 2½% is on top of everything. Mr. LaRoche stated that they found a number of discrepancies in the specifications and plans, which could be the subject for change orders that the Commission may not even know about now. In his view, a lot of them would be legitimate. Mr. LaRoche said they tried to cover them so that the City would not have that exposure on top of the 2¼ tax, on top of the 1.2 million dollars. He reiterated that approximately $200,000 could come out of this bid with a rebid for a number of reasons, which he would not elaborate on. If someone thought they could have come in with a lower bid, City Manager Cheney was surprised that they did not come in with it at the time they were bidding. It was interesting that they were doing it now, after they found out they were the losers. City Manager Cheney said the City checked with the Department of Revenue. Because the City sold the bond issue prior to the prescribed date, the project is not subject to a sales tax. It was very clear information, and City Manager Cheney said the City would not have put it out that way if it was not clear. He found it difficult to accept that people would make such a statement just to "muddy up the waters." - 14 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1987 Attorney Allison wished to rebut City Manager Cheney's statements. Mayor Cassandra thought the question before the Commission was the bid. He was under the impression that they had 45 days and did not know about the 30 days. Attorney Rea did not have the complete bid documents before him. The items he had indicated they had 45 days. William Sullivan, Purchasing Director, advised it was 45 days on the cover sheet, but he was not sure about the supplemental sheet. Attorney Rea informed the Commission that the invitation bid indicated that no bid could be withdrawn for a period of 45 days after the bid opening. However, he had supplemental instructions that the bidder had the right to demand the return of his bid security after 30 days, in the event that the contract had not been awarded. Attorney Rea thought there was a little discrepancy there, but he did not have the entire document. Professionally, Vice Mayor Marchese knew it was far more efficient to deal through one builder or person than three or four. After giving an example, he said if they cannot pay attention to small details, he hated to think what the building will look like. Vice Mayor Marchese stated that he was adamant in his position until Mr. LaRoche said there is at least half a million dollars more in each of the bids. That bothered him, because it is the taxpayers' money. Vice Mayor Marchese suggested they go out for rebid, and that was not because anyone was intimidating him. He hoped the City would get more than three people without changing specifications, would make sure the performance bond will have "teeth in it" and amply cover the costs, and make sure that the architectural plans are lived up to. Vice Mayor Marchese wanted to be sure that the City does not get gypped. He did not like what he heard and saw and recommended that they rebid for the benefit of the people in the City. Mayor Cassandra asked if anyone else in the audience had wished to speak on the issue. THE PUBLIC AUDIENCE WAS CLOSED. Commissioner Zibelli reiterated what she had said at the workshop meeting and the last Commission meeting that the bottom line was they were one million dollars plus over the budget for the facilities, when they are trying to get the annual City 1987/88 budget, so they will not have to raise taxes and cut services. She repeated that there is no reason why it has to go with one contractor. The facilities - 15 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1987 are seperate facilities· William DeBeck was hired to over- see the construction for the City, and Commissioner Zibelli knew he was well qualified to handle a situation where there is more than one company. Any monies saved from using several companies, if need be, can be used as a cushion else- where without having to divert monies to meet the million dollar figure· Commissioner Zibelli again suggested that *Should be "and they rebid * said when her tu~ · came, she would Commissioner Mann admitted that he had said he did not wantput it in the form of a motion'~ to rebid. He was now concerned with the overage and supported Commissioner Zibelli's position to go for a rebid See 8/18/87 · Minutes. Commissioner Hester was against the rebid because although it might come in lower, it could come in higher. It did not make any difference to him whether one contractor or two contractors did it. The only thing that worried him was that they constantly talk about saving the taxpayers money. Maybe rebidding would save money, but according to the bids they now had, it seemed as if Flanagan was the lowest on the Library and Public Works, and that Seppala & Aho were the lowest on City Hall. If it was not going to be rebid, Commissioner Hester said he would be in favor of giving it to Seppala & Aho for the City Hall and Flanagan for the Public Works and Library, which was a savings of $21,000. The Commissioners are supposed to save the taxpayers money. Mayor Cassandra reprimanded the City's Consultants. The Mayor and Commissioners had the Consultants before them, and the Consultants had the Mayor and Commissioners before them, where they asked for 2.1 million to get something developed and went through a lot of charts saying how good they are. The City went out to bid and came in with 1.1 million dollars over what the Consultants said should be their costs. As far as Mayor Cassandra was concerned, the Consultants let this Commission down. The Consultants are the experts on dollars and cents. Mayor Cassandra wanted that to be his opinion only. As far as he was concerned, the Consultants failed the Commission. No matter which way they go, Mayor Cassandra said the Commission had to direct the City Manager and the Attorney to maintain the same architecture and floor space when they go out to rebid. The Commission received a well prepared package by the City Manager and City staff, showing where dollars and cents came from everywhere, and Mayor Cassandra complimented the City Staff on an excellent job. He asked what they would be getting when they go out for rebid. City Manager Cheney said they are going out for everything they had always talked about. Mayor Cassandra outlined that - 16 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1987 they are going out for Police Station expansion and renova- tion and Fire Station expansion and renovation. City Manager Cheney informed Mayor Cassandra that a satellite fire station was not a part of that. Mayor Cassandra continued, "Street, Sanitation, Public Works Complex; Public Works Warehouse; City Hall renovation; new City Commission Chamber; West wing of Building, Engineering and Planning (second floor and renovation of the first floor); 3 story Parking Garage; Park Maintenance and Public Works Complex; and Library expansion and renovation." City Manager Cheney confirmed Mayor Cassandra's statements. After further statements from Mayor Cassandra, City Manager Cheney passed out a "Capital Improvement Fund Summary", dated August 4, 1987, and explained that he took the May 27, 1986 estimate of Miller and Meier and took out architects and engineering costs because that obviously was not a problem, and arrived at $7,848,500. At that time, the City had an old estimate for the second floor on the Building Department for $600,000. City Manager Cheney asked Miller and Meier to update that estimate, based on their design, and their estimate for the second floor of the Building Department and the renovation of the first floor and additional grouting that might be needed underneath the building was $859,000. Therefore, the current Architect's estimated cost (some made May 27th and some made now) was $8,708,250. The bids received were $8,399,000. The City spent $980,000 on the East Wing, which was a part of the original May 27th estimate. City Manager Cheney further explained the summary and said the bids for the buildings, the absolute cost of the east wing, and the reserve for the third fire station ended up being $986,350 over Miller and Meier's estimate. When City Manager Cheney put together the book the Commission had, Mayor Cassandra noticed it was dated April 21, 1987. City Manager Cheney explained that they pulled together the figures they had at that time and put them into the book. He asked if City Manager Cheney was now saying the figures were really May 27, 1986 figures. City Manager Cheney replied that they did not have a reason to update those figures. There was further discussion between City Manager Cheney and Mayor Cassandra about how they arrived at the figures. After other comments, Mayor Cassandra told Attorney Rico that litigation was the least of his concerns, and he did not care about her litigation. He was concerned about the City and everybody present. - 17 - MINUTES - REGULAR CITY COMMISSION MEETING 'BOYNTON BEACH, FLORIDA AUGUST 4, 1987 Jordan Miller, Consultant, Miller and Meier, stated that public bidding brings out the facts. He believed the bids the City had were probably as tight and competent as any he had seen. There was not a big spread, which meant that the bidders bid the plan. The unfortunate part was that the plan they put together and some of the equipment they asked to buy cost more than they thought it would cost when they designed it. Mr. Miller said they could probably identify some of those areas. Mr. Miller explained that they had some surprises in the mechanical systems, so they spent additional money to do the right thing. They did the same thing with the electrical systems. These are things that happen at the last minute when you tie together the physical building with the mechanical and structural. When their engineers finally saw what was underneath the building to the west, they put addi- tional foundations in. Those were things that happened to them as they put the plan together, and Mr. Miller said that was why they were high. Mr. Miller repeated prior statements, then stated that he found it hard to believe that somebody was talking about what makes "fat" happen. If there was fat, he said they would have bid it that way to begin with. If they want to come back and say there are cheaper ways of doing things, it may or may not be true. Weighing those things and deciding would be the City's opportunity before or after bids. The bids said to Mr. Miller that the City should hire Seppala and Aho, because he thought it was the City's best chance of buying the building in its total for a good price. If the City wishes to save some money, they should negotiate some of those things with that contractor as they go through the process. There was discussion between Mayor Cassandra and Mr. Miller about Federal bids. City Manager Cheney asked if all three bidders went to the preconstruction conference. He was informed that all three of them came. City Manager Cheney said one of the reasons for preconstruction conferences is for questions to be asked, and very few were asked. Mr. Miller added that they were disappointed that there were not more bidders. As they could notice from the list, many more picked up plans but did not bid, which told them something about the market. Contractors are busy, which reflects in the products that you buy. You cannot force people to bid on a project, but Mr. Miller said they learned - 18 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1987 prices are moving up. He thought bidding months from now would be much more expensive than it is today. City Manager Cheney warned that there is always the possibi- lity in a rebid that prices could go up. The three bidders could have projects that they are waiting to hear on, and they may not come in. Others may have not bid because they were bidding other projects. Those were things they did not know, which was why they were weighing this difficult problem. It seemed to Mayor Cassandra that conclusions could be drawn in all directions, and he expounded. He commented that because the bids were close did not mean they were good bids. Mayor Cassandra was not drawing any conclusions, but he did not know if the concept of one construction company was the best way to go. To make sure they have no problems, the City is paying William DeBeck, an excellent man. That was not one of the weighing factors Mayor Cassandra would consider. City Manager Cheney added, "within the limits of time." If they were going back to Court again, City Manager Cheney wanted to make it clear that the first reason he recommended Seppala & Aho was because they concluded the plan they bid on was not acceptable, which made them not an acceptable bidder. Secondary was the discussion of one or two bidders. The first thing, in City Manager Cheney's recommendation, on the record, that keeps getting a little confused, was that the City concluded that their bond was not acceptable. City Manager Cheney recalled that they concluded that after talk- ing to City Attorney Rea, reading their instructions, etc. Mayor Cassandra stated that the Court was not his concern. The City has been in Court, and that did not worry him. City Manager Cheney wanted to get it straight in case the City went to Court. If they think because they have a Coordinator on the job, and they have two or three projects going on, that the Coordinator has a magic wand, Vice Mayor Marchese said the Mayor and Commissioners were dreamers. He moved to go out for rebids. Attorney Rea interjected that there were a number of options before the Commission: 1. The Commission could accept the bids that were presented, including the bid they claimed had a technical defect - 19 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1987 as far as the bid bond, and then award the bid, based upon their determination of the most responsible bidder. Whether the option was one or two, it was the Commission's decision. 2. If the Commission wished to award the bid and consider that technical defect as non-waivable, then this City Commission could reject, and City Attorney Rea said he would request that the City Commission specifically reject the Flanagan bid and accept the other bid, declar- ing it the low bidder. 3. If the Commission perceives that because of the budget problems and the bids being approximately $1,000,000 higher than anticipated, the City Commission can then exercise its option to reject all of the bids. That would be in the form of a first motion. If that were the case, City Attorney Rea suggested that a motion be made directing the City Staff to start the rebidding procedure. Depending on how the Commission wished to address the issue, City Attorney Rea said they wanted to follow a good, procedural technique. Vice Mayor Marchese wondered how long the rebidding process would delay the entire project. In the event of a rebid, City Manager Cheney thought it would be for three weeks. He thought it should be three weeks in order to give adequate time for bidders adequate time to get plans and specifi- cations. City Manager Cheney did not think they needed more time than that and said most estimators do not look at it until a few days before the bids are due. He thought three weeks was an appropriate, reasonable time. City Manager Cheney further commented. George Hunt, Assistant City Manager, did a quick calculation and said they were looking at about $375 a day in commitments since they are in Pineland Plaza, and they are now paying bills. Commissioner Mann was glad to hear City Manager Cheney say there may be bidders who are now able to bid who were not able to bid before. No one had spoken to the point of bidders who did not have the bonding capacity. City Manager Cheney stated that you hear a lot of things, and he had heard that. He heard there were bidders who were bonded out who are not bonded now. That did not mean they would not be bonded out next week. Commissioner Mann - 20 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1987 responded that there was a possibility for it, and he did not want to ignore it. Vice Mayor Marchese moved to reject all bids because they were over the budget, seconded by Commissioner Zibelli. Motion carried 5-0. Vice Mayor Marchese moved to go out for rebidding on all three complexes. Commissioner Zibelli seconded the motion Commissioner Hester recollected that the bid the last time was divided into combinations, and he wondered if that was the way it would be this time. He felt combinations could create a problem. City Manager Cheney replied that he had recommended doing it in combinations because it would give the City a chance to get a very good bidder who only wants to bid on one piece of the project. It does not limit the City to just big companies. A vote was taken on the motion, and the motion carried 5-0. The Commission took a break at 8:50 P. M. resumed at 9:02 P. M. The meeting B. Two 24' x 60' Office Trailers - Police Department and Building Department ............... TABLED City Manager Cheney thought this should be left on the table. PUBLIC HEARING None. DEVELOPMENT PLANS None. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 86-48 Re: Rezoning - PCD Center (Postponed to August 4, 1987) City Attorney Rea asked that this be postponed until August 18, 1987. Commissioner Hester so moved, seconded by Vice Mayor Marchese, and the motion carried 5-0. - 21 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1987 B. Ordinances - 1st Reading: 1. Proposed Ordinance No. 87-21 Re: Amending Appendix A - Zoning Re: Required Parking for Recreational Facili- ties and off-street parking spaces "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A, ZONING, SUBSECTION ll.H.16. AND SUBSECTION 11. H. 16.e(12)(e); BY PROVIDING REQUIREMENTS TO APPLY TO CHANGES IN BUILDING OCCUPANCY WHICH REQUIRE PROVISISONS FOR ADDITIONAL PARKING SPACES; BY PRO- VIDING LOWERED PARKING SPACE REQUIREMENTS IN CERTAIN RECRE- ATIONAL FACILITIES; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PRO- VIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Commissioner Hester moved to adopt proposed Ordinance No. 87-21 on first reading, seconded by Commissioner Zibelli. roll call vote on the motion was taken by Mrs. Boroni: A Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Aye Aye Aye Aye Aye Motion carried 5-0. C. Resolutions None. D. Other 1. Approve Assignment of Water Rights - Sandpiper Cove PUD In December of 1986, City Attorney Rea said the City entered into a Water Service Agreement which required that if any ownership were to be transferred, this Commission reserved the right to approve the transfer of the Water Service Agreement. The requirement was that proof of transfer of ownership be provided, and City Attorney Rea said the Attorney had provided him with the Warranty Deed indicating that the parcel had been transferred. MaYor Cassandra asked if the City Staff recommended approval, and City Manager Cheney answered affirmatively. Commissioner Zibelli moved, seconded by Commissioner Mann, to approve the assignment of water rights. Motion carried 5-0. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1987 2. Water Service Agreements a) Mr. & Mrs. Bernard W. Bertling b) Patricia Kussler c) Edward R. White City Manager Cheney told the Commission these agreements were a different type of Water Service Agreement. They were in the north part of the City and are existing buildings in the City's service area. The County is saying they have to get off of septic tanks and wells. It is really a public health matter and not a new construction area. No site plan is involved. City Manager Cheney recommended that the Commission approve the agreements. They had been in the Bristol Springs system, which the County forced the City to take over. Gradually, all of those units will have to hook up to the City's system. City Manager Cheney added that all of these were in the Miner Road area. He informed Mayor Cassandra that the people will pay for the hook up. Commissioner Mann moved, seconded by Vice Mayor Marchese, to approve the Water Service Agreements. Motion carried 5-0. E. Release of Mineral Rights - Quantum Park - Requested by City Attorney Rea City Attorney Rea explained that the mineral rights related to the deeding off and the swapping of land that was occurring with regard to Quantum Park. Sec. 270.11, Florida Statutes, requires any governmental agency, when a sale occurs, to either retain the mineral rights or to expressly release the mineral rights with the deed. The original deed the City authorized the signature on had no provision for the release of mineral rights because this was not a sale but a transfer, and City Attorney Rea explained. City Attorney Rea said the title insurance company requested that the City also release the mineral rights with this par- ticular parcel. Because of that, the land swap approval by the County is being delayed. That was also why proposed Ordinance No. 86-48 was being delayed. City Attorney Rea recommended that the Commission approve the release. Commissioner Hester moved to approve the release of mineral rights, seconded by Vice Mayor Marchese. Motion carried 5-0. - 23 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1987 OLD BUSINESS A. Review of construction projects - N. E. 4th Street Drain- age and Other Projects - Requested by Commissioner Zibelli City Manager Cheney reported that, in a couple of weeks, the City will have ready for bid drainage projects on N. E. 4th Street, N. E. 3rd Street, N. W. 7th Avenue, N. W. 8th Avenue, Ocean Drive to 6th Street, and Oak Street. In total, it would be about $45,000 worth of drainage. By going out with a bunch of drainage projects, City Manager Cheney said they will get a decent price. He added that the City will insist that they do N. E. 4th Street first. City Manager Cheney said they will also be preparing bids for some construction projects, which he will discuss next week. They are in the book and have been prebudgeted. There are fewer drainage projects around the City now. NEW BUSINESS A. "Printing Bids" requested by Commissioner Dee Zibelli Commissioner Zibelli noted that very few bids go to our local printers, and there is a lot of printing in the City that they could do locally. She suggested that they give some of our local people a chance to bid. Commissioner Zibelli knew the complaint the printers had was that the City has not given them a bid in so long that they do not wish to bid on it any more. After elaborating, she said we should help our own merchants in the City. City Manager Cheney replied that every bid the City awards goes to the lowest bidder. Printing bids are packaged together because the City cannot put out a printing bid every time they get someone in the City who wants some print- ing done. Most of the City's firms do not end up being the low bidders because they are not competitive. If the Commission wants the City to award a bid to a local firm, even though the firm is not the low bidder, and the City Attorney says it is OK, City Manager Cheney commented, "OK", but the local businessmen have not had the low bids. He reminded Commissioner Zibelli that they are spending the taxpayers' money, and it seemed to him that they had to be concerned about all of the residents paying the taxes and not just a printer who cannot compete. Commissioner Zibelli alluded to the fence at the cemetery that they were sorry they did not give to a local person. - 24 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1987 City Manager Cheney retorted that it was a policy matter. Right now, the policy was to get the low bidder. Mayor Cassandra asked Attorney Rea to give a legal interpre- tation that if the City goes out for bids, can they award the bid to the local bidders within a certain percentage. If there is a way to do it, how can they do it. He also had feelings about helping out the local people. City Manager Cheney asked where they would draw the line and questioned whether it would be just the printers or just the sign makers. Mayor Cassandra thought City Attorney Rea should bring all of those points up to the City Attorney. Commissioner Zibelli agreed. Vice Mayor Marchese stressed quality. ADMINISTRATIVE A. Consider replacement to fill vacant alternate position - Board of Adjustment - Term expires April, 1988 - Appoint- ment to be made by Commissioner Ezell Hester, Jr. TABLED Commissioner Hester wanted this to remain on the table. B. Accept resignation from Denys "Sam" DeLong - Community Relations Board - Term expires April, 1989 Commissioner Zibelli moved to accept the resignation, seconded by Commissioner Mann. Motion carried 5-0. 1. Consider replacement to fill vacant position - Community Relations Board - Appointment to be made by Mayor Nick Cassandra Mayor Cassandra wished to make Alternate Member, Mary Jo McVey, a Regular Member. The appointment was accepted by the Commission with a 5-0 vote. CONSENT AGENDA B. Bids 2. Quotation for Vertical Blinds - Pineland Plaza and ~ity Hall East Wing City Manager Cheney said the bids the Commission had were in two parts. They were not changing the bids for the East Wing, which is the Communications Center, where theY are buy- ing permanent blinds. The City is buying less expensive - 25 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1987 blinds for Pineland Plaza, to keep the sun and heat out, because the City is paying the electric bill. Originally, they were just going to put blinds in Attorney Rea's office, City Manager Cheney's side in front, and the conference room. They concluded that they need to do the entire east front of Pineland Plaza because the sun is too bright in the mornings. Secondly, they need to put blinds up in a part of the Citizens Service counter office area. Mayor Cassandra asked if they could add and automatically give the bid. City Manager Cheney advised that they were giving it to the person who was the lowest bidder. City Attorney Rea answered, "Yes," to Mayor Cassandra's question. Mayor Cassandra said the price was increased to $2,488 plus $792. Commissioner Mann moved to approve the increase, seconded by Vice Mayor Marchese. Motion carried 5-0. OTHER Achievement Award Vice Mayor Marchese commented that the City staff did a fabulous job of the move from City Hall to Pineland Plaza. He was amazed to learn that people had worked almost 20 consecutive hours. Vice Mayor Marchese wished to thank the City staff and was proud of them. Commissioner Zibelli referred to Sharon Randolph. City Manager Cheney said Mrs. Randolph and others were there until 2:00 A. M., when the movers were through, but she was back again at 7:30 A. M. on Saturday and Sunday. Mayor Cassandra said the City might consider giving a monetary value achievement award when a person has done above and beyond what is required. Commissioner Zibelli asked about the Mayor's Award. Mayor Cassandra answered that the Mayor's Award is from the Chamber of Commerce and not from the City. He was thinking of an achievement award with a savings bond but said it would set a precedent. City Manager Cheney agreed that the City needs something, and it does not have anything. ADJOURNMENT There being no further business to come before the City Commission, the meeting adjourned at 9:25 A. M. - 26 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 4, 1987 ATTEST: ' - f/- City Clerk~ Recording Se~tary (Two Tap~) CITY OF BOYNTON BEACH, FLORIDA Commi s s i oner 'Commissioner - 27 - AGENDA AUGUST 4, 1987 CONSENT AGENDA - ADMINISTRATIVE 1. COUNTS RESCUE EQUIPMENT 2 External Pacemakers and 2 Electrodes Pay from General Fund---001-221-522-60.92 ECZEL 144 IBM Quietwriter Printer Ribbons Pay from General Fund---001-000-141-01.O0 ERNST & WHINNEY, CPA Professional services through 6/30/87 for 9/30/87 audit P~y f~om General Fund 001-131-513-40-66 .... 001-000-155-03-00 Pay from Water/Sewer Rev. Fund---401-000-155-03-00 4. FLAMINGO ELECTRONICS INC. Installation and purchase of intercom systems Pay from Building Impv. Fund---304-197-519-60-9E 5. GENERAL TIRE SERVICE For purchases and tire services Pay from Vehicle Service Fund---501-193-519-30-22 6. KARSTEN MANUFACTURING CORPORATION Ping Eye 2 Irons (3 sets) Pay from Golf Course Fund---411-000-142-01-00 7. MARKS LANDSCAPE & PAVING COMPANY 32,000 Sq. Ft. of Augustine Floratam Sod Pay from B.B.M.P. Fund---631-399-539-60.32 MARTIN'S LAHAR 150 Work Shirts and 25 Work Pants Pay from General Fund---O01-O00-141-01.O0 McCANN ASSOCIATES, INC. 87 exams provided, scored, and reported Pay from General Fund---001-135-513-30-95 10. HIMS TRUCK EgUIPHENT, INC. Repairs on Lightning Trash Loader Pay from Sanitation Fund---431-341-534-40-33 11. POST, BUCKLEY, SCHUH & JERNIGAN, INC. Professional services rendered for period ending 5/29/87 Pay irom 1985 Construction Fund---409-O00-169-01-00 $ 4,560.00 1,074.74 3,500.00 2,748.00 3,523.40 1,204.68 4,640.00 1,630.00 1,932.75 1,345.00 9,198.05 12. 13. 14. 15. 16. 17. RACAL-MILGO Merchandise purchased and installation charges Pay from General Fund---O01-197-519-60.9E 2,030.00 SOUTHERN BELL Circuit for new telephone system and installation fees Pay from General Fu~d---001-197-519-60-PE " " 001-197-519-40-71 37,466.78 SEPPALA & AHO of FLORIDA Partial release of retainage Pay ~from Building Im~v. Fu~d---304-194-519-60-29 " " " 304-211-521-60-29 50,000.00 WEEKLEY BROTHERS, INC Final payment on temporary parking lot Pay from Building Impv. Fund---304-451-545-60-29 4,975.45 GERAGHTY & ~ILLER, INC. Analysis report on Production Wells ( 3 samples) Pay from 1985 Construction Fund---409-000-169-01-O0 1,669.50 GREEN, EISENBERG & COHEN Tradewinds v. City of Boynton Beach Pay from General Fund---O01-141-514-40-61 1,234.00 The bills described have been approved and verified by the department heads involved, checked and approved for payment by the Finance Director. Grady W.~an-n, F!nance Director I therefore recommend payment of these bills. ~~L. Che~eY ,~C~i t~/~anage r BOWEN GJLLESPJE ]~ DONALD M, ALLISON ~REDERICK C BRAUN, LAW OFFICES GTT.T.~.S~T~ & A~T.~SO~T, P.A. GROVE CENTRE SUITE 207 2130 POWERLINE ]~OCx%. P-~A. TOlq, I~I. OI{I]D.A. 33433 TELEPHONE (305) 487-6020 8~owaI~D 426 - 0320 July 24, 1987 JUL 24 1987 CilY AIIORN Fy Honorable Nick Cassandra, Mayor City of Boynton Beach 120 N.E. 2nd Avenue Boynton Beach, FL 33435 Hand Deliver~ RE: Municipal Facilities Project - Phase 2 Bid date, June 30, 1987 Dear Mayor Cassandra and Commissioners: These offices represent R.L. LaRoche, Inc., one of the five general contractors that submitted bids to the City of Boynton Beach in respect of 'the construction of the above-referenced project. Please consider this letter to be a formal protest on behalf of my client, with respect to (1) the City's inadequate and mis- leading bid solicitation; (2) the post-bid evaluation process; and (3) the apparent intent of the City Manager and staff to recommend that the Commission award the subject contract to the firm of Seppala and Aho. Also, R.L. LaRoche~ Inc.~ by this letter, respectfully requests that 'the Mayor and Commission order the re-bid of this project, consistent with the competitive bidding requirements of Florida Law. Of the several irregularities in the overall bid process for this project, one of the most disturbing problems that my client has repeatedly encountered concerns the City's apparent unwilling- ness to ensure that all bidders are treated fairly, and that each bidder has received a valid opportunity to submit bids which reflect an exact comparison of bid components, without favoritism expressed toward any one of the several bidders. Unfortunately, the City Manager's contention that the project contract ought to be awarded to the Seppala'and Aho firm, because that firm has previous experience with the City and working with just one contractor would save the City problems, indicates a bias in favor of the Seppala firm. Clearly, the bidders who focused on bids for the separate complexes were greatly disadvantaged b~ the City's apparent prejudice in this regard. Honorable Nick Cassandra, Mayor City of Boynton Beach July 24, 1987 Page 2 Moreover, on numerous occasions, my client has attempted to obtain information from City staff relative to ~he status of the City's bid evaluations. Regrettably, my client's inquiries have either received conflicting and inconsistent responses, or have been completely ignored. (Enclosed please find a copy of my letter to City Manager Cheney, dated July 10, 1987, the content of which is incorporated within the instant protest. Although this letter addressed valid and crucial concerns regarding the City's post-.bid evaluation, my client was not favored with a response.) In the meantime, my client has received reliable information, from independent sources, which verifies that the City has engaged in post-bid negotiations with two of the project bidders. These discussions were aimed at creating construction cost reductions by attenuating the scope of the project. Such negotiations are patently improper and contrary to the well-established law of the State of Florida relative to the administration of competitive bidding for public projects. Also, these clandestine post-bid scope reduction efforts directly impact upon my client, inasmuch as R.L. LaRoche, Inco is the clear low-bidder on two of the separately bid complexes within the total project. In addition to the Commission's desire to avoid legal problems attendant to questionable bid procedures, the Commission is also eager to derive the greatest economic advantages for the City in respect of its ultimate contract award. Your Honor and the other Commissioners are well-aware of the economic benefits that will inure to the City by virtue of a re-bid situation. As you know, the cost of the contemplated project substantially exceeds the designated budget amount. Certainly, a last minute scramble to divert funds from other sources to cover the apparent shortfall is ill-advised, when a project rebid, based upon plan modifications by the architect and/or properly analyzed cost estimates derived from more reliable input by subcontractors, would result in significant savings for the City. Also, I request that the City provide me with the operable rules of procedure~ if any, adopted by the City for the resolution of bid protests~ Your prompt attention to this request is appreciated. Finally, I respectfully propose that the City convene a workshop or other special meeting for the purpose of discussing all Honorable Nick Cassandra, Mayor City of Boynton Beach July 24, 1987 Page 3 matters pertaining to the evaluation of the subject project, including the resolution of those items set forth herein. I request that the City notify me as to the scheduling of any such meetings, as well as any other City action cg~ce~ning, the evaluation or award of the Project ContL~_~f. ~'~ Respectf~ll~ yours, // ~' ~0nald ~. A .......... - ....... DMA: dmc Enclosure cc: Vice-Mayor Ralph Marchese Commissioner Ezell Hester, Jr. Commissioner Dee Zibelli Commissioner Leonard Mann Julieann Rico, Esquire Raymond A. Rea, Esquire, City Attorney R.L. LaRoche, Inc. BOWEN GILLESPIE EE DONALD M. ALLISON ~REDERICK C. BRAUN, LAW OffICES GILLESPIE ~ ALLI$O/~, P.A. GROVE CENtRe SUITE a07 21301 POWERLINE ROAD ]~OCA I~ATON, FLORID~ 00480 TELEPHONE (305) 487'60:~0 ~ ROWA~D 426 -0320 July 10, 1987 Peter L. Cheney, City Manager City of Boynton Beach 120 N.E. 2nd Avenue Boynton Beach, FL 33435 Hand Deliver~ RE: Municipal Facilities Project - Phase 2 Bid date, June 30, 1987 Dear Mr. Cheney: These offices represent R.L. LaRoche, Inc., one of the five general contractors that submitted bids to the City of Boynton Beach in respect of the construction of the above-referenced project. Immediately, following the bid opening, my client was notified that the apparent costs of the various project components were substantially over budget and, accordingly, a re-bid based upon modified plans and specifications was contemplated. Since that time, Mr. LaRoche has communicated with the City staff to determine the status of the bidding plans for the project; however, he has not been able to obtain any information concerning the City's intentions in this regard. The lack of response by the City is puzzling, inasmuch as a competitive re-bid situation is so decidedly advantageous to the City's interests in this project. Unfortunately, my client has been advised by sources independent of the City (including subcontractors and suppliers who contributed cost estimates for the original bid and who were recently contacted to provide modifications to their previous bids), that the City was presently involved in negotiations with one of the project bidders, Seppala & Aho. My client assumes that this information is inaccurate, inasmuch as a private negotiation involving material changes to the original bid documents Would be highly irregular and inappropriate. This is particularly true in the instant case, where it is obvious from a review of the bid results that certain available bid combinations and permutations create a situation where the Seppala & Aho bid cannot constitute a clear "low-bidder" designation. Peter L. Cheney, City Manager July 10, 1987 Page 2 In view of the foregoing, my client requests that you respond to its inquiries concerning the evolving status of the bid process and the City's intentions relative to its designation of the Project Contractor. Your immediate attention to this request would be greatly appreciated, inasmuch as Mr. LaRoche feels that if the other two apparent "low-bidders" on the City Project (viz, J.H. Flanagan Corp. and R.L. LaRoche, Inc.) are being excluded from participation in post-bid negotiations, an urgent assertion of its interests in this matter will be warranted. Thank you for your anticipated_co_~perati~6~.~ Respect f~,l,y yours, / D o'h'[~"i-~'~ M. a~ DMA:dmc cc: R.L. LaRoche, Inc. acknowledged this ~ Day Receipt is hereby " '