2014.09.30_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
WORKSHOP MEETING
Tuesday, September 30, 2014 1 PM
Mayor Bernard Featherman called the Workshop Meeting to order in the Library's Goldstein
Community Room at 1:30 PM.
CALL TO ORDER:
Roll Call: Members present: Mayor Bernard Featherman; Vice Mayor Ron Brown; Commissioner
Louis P. Stern and Commissioner Carl Feldman. Member absent: Commissioner Dennis Sheridan.
Also present: Town Attorney Glen Torcivia; Town Manager Kathleen Weiser; Town Clerk Beverly
Brown; Finance Director Cale Curtis; Public Works Director Edward Soper; Police Chief Craig
Hartmann; Library Director Maria Suarez; Assistant to the Manager Zoie Burgess; Building Official
Mike Desorcy and members of the public.
Pledge of Allegiance: The Pledge of Allegiance was given, followed by a minute of silence.
Civility Pledge: The Civility Pledge was recited by the Town Clerk.
1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA:
Mayor Featherman asked for any additions or deletions.
Commissioner Feldman asked for an addition to the agenda to discuss the Town Attorney's contract
which is up for renewal in two days.
Receiving no further additions or deletions, the agenda was accepted as amended.
2. PUBLIC COMMENTS AND REQUESTS:
George Kelvin, Braemer Isle — There are a number of trucks, at least 15 to 20, parked on A 1 A in front
of the new construction. I am requesting that the Town do something to prevent these trucks from
parking in an unsightly and dangerous way in the right -of -way. Police Chief Hartmann — I am not
aware of the amount of trucks or which construction site was just brought up. I will check into this
with Code Enforcement.
Town Commission Workshop Minutes
September 30, 2014 Page 2 of 10
Dr. Bill Weitz, 1135 Boca Cove Lane — I previously presented some recommendations to the
Commission on ways to pay our town employees, and I appreciate the fact that the Commission will
consider them. At last week's budget meeting, I felt Vice Mayor Brown critiqued the Commissioners
for questioning some of the items saying that we have a Town Manager and we should let her do her
job. I reviewed the Charter and the Town documents and found that the Town is supposed to be run
by the Commission. The Town Manager is supposed to carry out the wishes of the Commission. It
was confusing to me why any member of this Commission would be critiqued for essentially doing
their job, which was to raise questions, get clarifications and to get at some items that they felt weren't
appropriate. Government works best when we have a system of checks and balances. The Town
Manager and our Attorney are supposed to advise and provide counsel to the Commissioners as to
major issues or major decisions you are about to make. Their failure to do so appropriately resulted in
the town basically violating State Law and illegally spending now over one million dollars. Many of
the Commissioners have asked continuously over the last year's meetings for three bid contracts.
Our Town Manager has not done that. She does RFP's which basically takes interest statements from
vendors. She, or some of her subordinates, makes the decision as to who gets hired and they negotiate
the price. The Commissioners have no balance or input into that decision. Who gave the
authorization to sell the chairs? The Town Manager authorized it, but it is government property and
she did not have the right to authorize that. The Commission had the right to make that determination.
They were sold on Craig's list and, even though it was a small amount and only chairs, it was an
illegal process. We talk about the pay system we currently have. The Town Manager decided a few
years ago to remove the longevity pay, but maintained the pay that was provided for certain employees
with degrees for education. She said the reason they would have to remain is because it was in the
agreement with the people when they came on board, and we can't remove them. There are only
three current personnel serving our town after the initiation of the education provision. Let me add
that provision was instituted by the prior Town Manager. There was one difference. He exempted
himself from taking the educational bonus but the Town Manager takes it. When you are a Town
Manager you are supposed to basically maintain and review existing procedures for the benefit of the
town. What town would permit every employee to be rated a maximum outstanding. Every
employee, except for one who is the Town Manager, gets an automatic 5% yearly increase in their
contracts every year. This town cannot afford that. What kind of a merit system allows for everybody
in your town to be rated the highest level. Finally, the bottom line is the engineering contract. We
have an engineering contract with a firm that was selected either by the Town Manager or the
subordinates. Did she disclose to you that she is personally friends with the Vice President of that
engineering firm? Did you have any input to that? I am humbly asking you to consider a vote to ask
the Town Manager and the Town Attorney for terminations of their positions; or if failure to do that,
simply ask for a vote of no confidence.
Joe Canazzaro, Bel Air Dr . — When is all this going to stop? The Commission should be managing the
town. Do we need people from the town to tell you what to do? This is becoming nonsensical. Let's
stop this nonsense and get on with the work of the town.
Elyse Riesa, 1133 Boca Cove Lane — I think it is very important for the people of the town to speak
up. I reviewed the letters for the renovations of the Town Hall, Police Dept. and the Library. I found
they are letters of interest. There is a big difference between a RFP and a RFQ. I am unclear as to
who in our town has the expertise to put these types of requests together. I understand the committee
that made the decision was the Town Manager, Assistant to the Town Manager and the Finance
Town Commission Workshop Minutes
September 30, 2014 Page 3 of 10
Director. Are these people vetted? We are now going forward with the Library renovations in the
same exact way. They have three Letters of Interest; but never put out a RFQ so you can take the
information, make a determination from the engineer, which I do agree we should have for any type of
work we do here, and actually determine whether or not the subcontractors we are using are giving us
the best prices and the best quality products. They are relying on the Project Manager that they choose
from the Letters of Interest to make every single decision, and that is simply wrong. I ask what
background checks the Town Manager and the Finance Director had prior to being hired.
Barry Axelrod, 2908 S. Ocean Blvd — I agree the contractor's trucks are a problem, but it is not their
problem only. There is absolutely no parking in this town and there is no where to put these trucks. If
we start cracking down on them, nobody will be able to build. It would be a tremendous loss of tax
revenue. They could not park them at other locations because they need their trucks and equipment on
site. Although there has been a lot of criticism of this Board, our Town Manager and Town Attorney,
I have seen nothing but improvement in this town over the past seventeen years with the current
people. Don't start calling for everybody to be fired and change. Change could be a lot worse. Be
careful of what you wish for.
Rhoda Zelniker, 3912 S. Ocean Blvd — Change can be better. We live in a democracy and everybody
in this room has a right to speak. People here care about our town and we should have respect for one
another. I also feel we should have a welcome package of who we are for all new residents, so they
can find out what is happening in our town and in our Library.
3. PRESENTATIONS:
None
4. BOARDS AND COMMITTEES:
A) Board Correspondence:
• None
B) Board Action Report:
• No Report
C) Board Vacancies:
• Board of Adjustment and Appeals — One Re- appointment
Talent Bank Interview
Barry Axelrod — 2908 S. Ocean Blvd. stated that he has been on this Board for the
past 3 years, is currently Vice Chair and would very much like to continue to serve for
another three years.
Consensus was to place this re- appointment on the Consent Agenda for October 7 th
• Financial Advisory Board — One Re- appointment
Talent Bank Interview
Gerald Gitner — 3720 S. Ocean Blvd. was unable to attend this meeting and would like
to continue this to the next meeting.
Town Commission Workshop Minutes
September 30, 2014 Page 4 of 10
D) Monthly Board Meetings:
• Planning Board- Regular Meeting — October 8th — 9:30 AM
• Financial Advisory Board — October 17"' — 9:00 AM
• Beaches & Shores Advisory Board — No Scheduled Meeting
• Board of Adjustment & Appeals — No Scheduled Meeting
• Code Enforcement Board — No Scheduled Meeting
5. PROPOSED ORDINANCES AND RESOLUTIONS:
A) ORDINANCE NO. 14-007 O — Public Hearing Scheduled 10/7/14
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA REPEALING,
IN PART, ORDINANCE NO. 12 -005 REGARDING THE AMENDMENT TO THE
TOWN CHARTER AT ARTICLE II "MUNICIPAL POWERS", SECTION 2.01
"ENUMERATION OF POWERS ", SUBSECTION (30) "FUNDING LIMITATION ";
PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Town Clerk Brown read Ordinance No. 14 -007 O into the record.
Consensus was to schedule this for a second reading and public hearing on October 7 h .
B) ORDINANCE NO. 14-008 O — Public Hearing Scheduled 10/7/14
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING
ARTICLE IV, "ZONING DISTRICTS," OF CHAPTER 30, "ZONING CODE," OF
THE TOWN CODE OF ORDINANCES BY AMENDING SECTION 30-67, "USES
PERMITTED, SPECIAL EXCEPTION, AND PROHIBITED USES ", AMENDING
SECTION 30-68, "SUPPLEMENTAL DISTRICT REGULATIONS," TO PROVIDE
THAT BOAT LIFTS ARE A PERMITTED USE; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Town Clerk Brown read Ordinance No. 14 -008 O into the record.
Town Attorney Torcivia clarified that the Planning Board will make the final decision on boat lifts
and it is a permitted use instead of a special exception.
Consensus was to schedule this for a second reading and public hearing on October 7 t ".
6. NEW BUSINESS
A) Commission to consider Ratifying Collective Bargaining Agreement with the Highland
Beach Fraternal Order of Police.
Town Manager Weiser — We have been negotiating a new Union Contract with our Police Union. I
previously met with you in Executive Session to go over the changes that are outlined in your packet.
Town Commission Workshop Minutes
September 30, 2014 Page 5 of 10
No further Commission comments.
Consensus was to place this item on the Consent Agenda for October 7 th Regular Meeting.
B) Commission to Declare certain Property as Surplus and Authorize Disposal.
Town Manager — These are books that the Library has found to be old or duplicates that are obsolete.
There are also three pieces of equipment in the Town Clerk's Office that are to be declared surplus
for disposal.
Commissioner Feldman asked if they are given a report when the items were sold, and what they
were sold for. Finance Director Curtis — I don't normally issue a report but I could create one. The
money goes back into the respective fund; i.e. if the equipment is owned by the Water Fund it will go
back into the Water Fund. When we sell equipment, I use a website called public surplus.com.
Comm. Feldman asked if a town resident could buy an item on surplus before it goes on the
government website. If it is legal to do this, a notice could be placed on the bulletin board. Town
Attorney Torcivia indicated that they are drafting that policy at this time and asked for clarification
on selling these items. Comm. Feldman - If the town puts a value to the item and someone meets
that value, let them purchase it. Comm. Stern referred to the books which were in excess of 1200
and asked what kind of dollars we could expect to get back on our investment. Fin. Dir Curtis —
Mari has a value of $2.00 per book. I don't believe we will sell them and they may have to be
donated or recycled. Vice Mayor Brown — About a year ago the policy, at that time, was that we
didn't want to exclude the public and the residents having first dibs. We will publicize what site they
are going on and they can make the bid as well as anybody else. Mayor Featherman — There must
be a procedure with the Federal Government on selling surplus. I would like to have this researched.
Consensus was to place this item on the Consent Agenda for October 7 th Regular Meeting.
C) Commission to discuss Recommendation of Financial Advisory Board and consider
appointing an Ad Hoc Committee to Review the Charter Spending Limit.
Town Manager Weiser — The minutes of September 5 th are included in the packet. They had some
concerns with the Charter spending limit and specifically how that would relate to issues that were of
health, safety and welfare for the community, if it was subject to a referendum. They strongly
recommended an Ad Hoc Committee be appointed to review and make recommendations on any kind
of Charter change, whether you do it now or later.
Comm. Feldman — I understand from that meeting that if it is a situation where it is a health and
welfare, the Charter shouldn't get involved with the spending. You can't. If the town presented these
projects in a proper way they won't turn them down. We should not make any changes at this time.
I don't feel we need another Ad Hoc Committee. I believe we have the Ad Hoc Committee in the
Financial Advisory Board and they do advise.
Town Commission Workshop Minutes
September 30, 2014 Page 6 of 10
Comm. Stem — The Financial Advisory Board cannot appoint an Ad Hoc Committee. They are the
Ad Hoc Committee. They can make recommendations to us and we would like to see more of an
input from this Board.
Vice Mayor Brown — I was at the Financial Advisory Board meeting. Their biggest concern was the
water mains in all of our side streets, not just Bel Lido. They are 58 years old and they see that as a
safety issue. They see this not as a new project but maintaining our infrastructure. I agree, we do not
need to have an Ad Hoc Committee.
Mayor Featherman — I also agree we do not need an Ad Hoc Committee. We should continue to get
advice from the Financial Advisory Board.
D) Commission to provide Staff with Direction on Procuring an Architect/Engineer for the
Library Terrace Project.
Town Manager Weiser — At the last meeting, you gave us the direction to reject all the Letters of
Interest for an architect for the Library. Our Building Official has indicated that an architect or
engineer will be required for this project. We are recommending that we do a Request for
Qualifications (RFQ) that includes bid proposals with a weighted ability of 50% for their charges and
50% for their qualifications.
Town Clerk Brown read a letter sent to the Commission dated September 15` from Mike Stein, 3912
S. Ocean Blvd. referencing the Library Renovation Project. (Letter attached as Exhibit "A ").
Mike Stein 3912 S. Ocean Blvd. read a memo as a follow -up to his previous letter. (Memo
attached as Exhibit "B ").
Commission Feldman agrees that we need a scope of work. The scope of work has to include the
requirements regarding egress, air conditioning, energy and everything else about the building. The
Building Inspector could give the Town Manager a list of what he would require which should be part
of the scope of work. It could be given to both the air conditioning contractor and the window
contractor. They do supply their own engineering firm for these projects. If they comply with these
different requirements and agrees with Mike Desorcy, we could use this as a quotation with a price. I
also agree that this project should not take place before the season starts. Mike Stein — This is a
construction job and I feel an engineering firm would be more appropriate than an architect. Comm.
Feldman — I feel the Town should get the three quotes for the windows as well as the air conditioning.
Mike Stein — I agree and would recommend Mike Desorcy be the lead person to assist the Town
Manager. Ira Oaklander, 1000 Russell Dr . — As an architect, we coordinate all aspects of the
construction. You need one lead person who should be the architect; not an engineer. The architect
tells the engineer what to do. This is a simple job and you are over complicating it. Mike Stein — I
agree, but with this application an engineer would be fine.
Comm. Stern — Our Capital Improvement Plan approved having the Library done, and I would have
liked to see it done before season. I met with Mike Desorcy who advised that is a very simple one
paragraph in his code book that an engineer or an architect or one lead person, could do this project. I
believe that the people of this town have delayed this project by their interference. There is not
Town Commission Workshop Minutes
September 30, 2014 Page 7 of 10
enough parking now; so could you imagine, if we started a project now with no parking because of
dumpsters, construction and the noise, it would be terrible. I am upset that this project will not be
completed before season for our residents. Let's get it done at the end of the season so it will be
ready for next year's season.
Vice Mayor Brown — I have been in favor of an architect. The Library is the crown jewel of
Highland Beach. I agree with Ira Oaklander. The only way you do a project is you put a single
person in charge. They coordinate and make sure the aesthetics of everything matches what we
currently have.
Building Official Mike Desorcy — I have discussed the project at length with Mr. Stein and
Commissioners Feldman and Stem. Chapter 10, existing building code additions chapter, reads as
follows: "An addition shall not create or extend any non - conformity in the existing building to which
the addition is being made with regard to accessibility, structural strength, fire safety, means of egress
or the capacity of plumbing or electrical systems." When this does go out to bid, the architect needs
to keep this in mind. All requirements of the code have to be met. A design professional, either
architect or engineer, is absolutely required. Ira Oaklander — This is what architects do. Architects
design buildings to meet the building code. Elyse Riesa is in agreement that an architect or engineer
would be okay. She suggested that, when we go out to bid, we go for an RFQ and not Letter of
Interest. An architect should be chosen not because he is the best architect, but because he has the
right price point, as well as the right qualifications.
Town Manager Weiser stated that the Friends of the Library are raising money for the ancillary cost
and the town is responsible for the construction costs.
Consensus was to place this item on the Consent Agenda for the October 7 th Regular Meeting.
E) Discussion regarding Town Attorney's contract:
Comm. Feldman addressed the Town Attorney's contract which starts on October 1 The contract
states that the Town Attorney would get a 3% raise in pay each year. It also reads that we are hiring
two firms; Glen Torcivia and Associates and Leonard Rubin. What is Leonard Rubin's involvement?
Town Attorney Torcivia — When we entered into an agreement with the Town, Leonard Rubin and
my firm did a joint proposal. Mr. Rubin has primarily attended the Planning and Zoning meetings
and has talked with staff on planning and zoning issues. When we negotiated the agreement, the
Commission requested that I be the primary person to attend the meetings. In terms of compensation,
on October 1, 2013 we agreed on a 3% annual increase. This is automatic and is not something that
is discussed each year. It is up in 2017 and then there will be a re- negotiation. Comm. Feldman —
Unless in the contract it reads with a 30 day notice, we can then give notice that we are not hiring
your firm under these contract conditions. We can offer you different contract conditions and you
can accept it, or refuse it. We were not notified on this renewal date. My comment to the
Commissioners is that I would like to see having our own Town Attorney. We have enough work
and there would be more dedication. Do the Commissioners want to automatically renew this
agreement? Town Attorney Torcivia — There is no automatic renewal. It is a contract to 2017. The
rate automatically increases every October 1 On the issue of in -house attorney versus outside
Town Commission Workshop Minutes
September 30 2014 Page 8 of 10
attorney, I suggest you contact the Florida League of Cities because they are familiar with this. After
sitting on several committees over the years, I can say that it generally depends on the size of the
town. There are about 5 cities in Palm Beach County that have in -house attorneys. It is ultimately
the decision of the Commission. The reason most cities go with outside attorneys, is because they
have several different lawyers that have the expertise in several areas of municipal law as opposed to
one in -house attorney. Town Manager Weiser gave the cost for the five cities that have in -house
attorneys. Comm. Feldman — We are going forward with your firm and will be getting an increase
in salary each year.
Comm. Stem asked Fin. Dir. Curtis what the overall costs are today for attorneys as they were when
we decided to move on to another attorney. Fin. Dir. Curtis - There is a substantial savings from Tom
Sliney's firm to Glen Torcivia's firm in the amount of $50,000 or greater. Tom Sliney was on a
retainer plus an hourly rate. There is a flat rate with Glen Torcivia's firm.
Mayor Featherman inquired if we retained other attorneys in addition to Mr. Torcivia's firm? Fin.
Dir. Curtis stated that an outside attorney was used for the police contract negotiations both with Mr.
Sliney and Mr. Torcivia.
7. MISCELLANEOUS ITEMS LEFT OVER:
A) Minutes:
August 26, 2014 — Workshop Minutes
September 2, 2014 — Regular Meeting
September 9, 2014 — Budget Public Hearing
No errors or corrections received.
Consensus was to place this item on the Consent Agenda for the October 7 Regular Meeting..
8. REPORTS —TOWN COMMISSION:
A) Commissioner Carl Feldman — When residents come up to speak, I think we should give
them an answer. They would be a lot happier if they were to get a little response. I also don't feel it is
wrong for the residents to applaud. If we can, after a resident speaks before or after the meeting, the
Mayor should address the Commission for any comments.
B) Commissioner Louis Stern — I copied an article in regards to Amendment II that is on the
November 4 Ballot regarding medical marijuana. I make no comment pro or con, but left them on the
back table for you to read.
C) Vice Mayor Ron Brown — No report.
D) Mayor Bernard Featherman — I would like a letter from the Town Attorney indicating that is
Town Commission Workshop Minutes
September 30 2014 Page 9 of 10
okay to approve the additional monies to be spent on the renovations. Comm. Feldman stated that at
the last meeting a resident, also an attorney, asked if our attorney would give you an authorization
that you can legally write any checks regarding the reconstruction of the Town Hall and Police Dept.
The Town Attorney at that time stated that he would give you an authorization because it is okay, and
you are doing the proper thing. The way he read the IG report, you can spend the money. Town
Attorney Torcivia — The Town Manager and I met with the Inspector General and they told us that
they would not put anything in writing, other than the report they delivered. They saw no issue with
moving forward. I will put this in writing for you.
9. REPORTS — TOWN ATTORNEY GLEN TORCIVIA:
Since a comment was made about the firm and the services, Town Attorney Torcivia gave a brief
description of the many attorneys in his firm and their expertise. The residents can be assured
that they have a group of attorneys that collectively have well over 100 years experience. He himself
has 30 years' experience representing local governments.
10. REPORTS — TOWN MANAGER KATHLEEN DAILEY WEISER:
A) Discussion of Town Hall Renovation Project Open House.
I am asking for some direction as to what type of Open House you would like for the Town Hall
Renovation Project. Also, there is no bronze plaque like we have at the Library and what we had at
the building before. Depending on what you want, we will need a budget for the Open House, and
whether or not you would want to do some type of dedication plaque. Based on some of the Open
Houses we did in the past, the cost was approximately $1,000 to do give a ways, refreshments and
rent a small tent. The dedication plaque is roughly $600 for delivery and installation. We will
agenda it on the next meeting.
Comm. Feldman feels we should have a proper ribbon cutting, and at a time when most of the
residents are back; probably in December. It should be a gala affair with sandwiches and beverages.
Now that the project is done, it is something the town is proud of.
Wanted to address Dr. Weitz's comment regarding the longevity and that it was not done on her own
without the approval of the Commission. It was something that came down from the State Senate
Bill 88 and our attorney wrote us a letter requiring that we take that out of all our employee contracts
and rules and regulations. It was part of the budget and is all over the minutes for being taken out of
the union contracts.
The Waste Management RFP is being put out this week. Part of our team will include two of our
Board Directors; Gerry Gitner and Barry Donaldson. Comm. Feldman — The information you gave
us is pretty similar to the contract we have now. Were there many changes? Town Manager Weiser
— That was totally developed by the attorney's office working with our Finance staff. They used
samples from other cities and put together the best part of all of them.
Town Commission Workshop Minutes
September 30 2014 Page 1 0 of 10
11. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS D ISCUSSED
AT MEETING ONLY
Bill Weitz, 1135 Boca Cove Lane — The Inspector General rendered an official report. The two
findings in this report, in writing, were presented to the Commission and the townspeople. There was
no authorization or recommendation that the town, under the Inspector General's direction, continue
the building project. They didn't say we shouldn't. I spoke to the Inspector General. They indicated
that they stand by the findings that are in the report. They do not take a legal position that they either
recommended for or against this town doing whatever they needed to do to correct their actions. It is
up to this Commission, the Town Manager and the Town Attorney to make the decision as to how
they want to handle this. Please do not attribute the direction of what we have done as an okay from
the Inspector General. That was not in their report.
12. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Featherman adjourned the
Workshop Meeting at 3:23 PM upon a MOTION by Commissioner Stem and seconded by Vice
Mayor Brown.
APPROVED:
Bernard eatherman, Mayor
Ron Brown, Vice ayor
Dennis J. Sheridan, C ssioner
i rn, mmissioner
Carl Feldm Commissioner
ATTEST:
Beverly M. Brown, MMC
Town Clerk
Date
x
Memorandum
To: Highland Beach Commissioners, Town Manager, Library Director, Building Inspector
U From: Mike Stein, 3912 So. Ocean Blvd., Unit 905
Date: September 15, 2014
Re: Library Terrace Renovation Project
This memo summarizes a study undertaken following the August 26, 2014 commission meeting
and the resulting conclusions. In summary, we conclude that an architect, or engineer is required
to ensure code compliance, but the commission should not proceed with the $15,000 architect
contract as proposed. The town manager needs to issue a Request for Proposal (RFP) with a
definitive statement of work and secure at least three (3) competitive bids.
Following the August 26, 2014 commission meeting, I met with the library director to review the
project and understand the basis for architect's $15,000 price. The project can be divided into
four (4) discrete tasks:
1. Enclosing the terraces, which involves windows and doors,
2. Installing air conditioning units in both terraces,
3. Additional tasks required to ensure code compliance.
4. Decorating (everything else), which includes drapes, furniture, audio - visual equipment
and their electrical connection.
The renovation shall consist of items 1, 2 and 3. Since there are no code compliance issues with
item 4, it can be considered a separate task.
Item 1: A company offering hurricane compliant windows and doors must be capable of all
aspects of this task, including design and permit application.
Item 2: An A/C company can handle all aspects of this task.
Item 3: An engineer or architect is required to prepare an overall design plan and address some
specific code compliance issues not addressed by the window and A/C contractors.
Item 4: The library staff and Friends do not need the assistance of an architect to select furniture
and audio - visual equipment and arrange their location and installation. They will use a licensed
electrical contractor, who will secure the necessary permits. I assume the library director will
secure the necessary approvals from the town manager for any alterations to the library.
After meeting with the library director, I contacted Commissioner Sheridan. At the commission
meeting he had expressed concern about how to proceed and I wanted to share my observations.
With Commissioner Sheridan's concurrence, I arranged for SIW Windows & Doors to meet with
the library director and submit an informational quote. Their price for enclosing both terraces
was consistent with pricing received two years ago, but included an improved door design. SIW
has a three person Permit Department and will submit all drawings, calculations and
certifications necessary to secure a permit. SIW has extensive experience doing business in
u Highland Beach and is very familiar with our permitting process. Having reviewed the job, they
see no problems and consider it routine.
At Commissioner Sheridan's request, I arranged for Air Ref to meet with the library director and
submit an informational quote. Air Ref is the company that furnished the Mitsubishi mini -split
air conditioner that cools the community room and has the service contract for all the library A/C
systems. Air Ref surveyed the terraces, took measurements, did a heat load calculation and
offered a 3 ton Mitsubishi mini -split air conditioner for each terrace. They suggested locations
for the outdoor condensers and the ceiling mounted air handlers. Their price to condition both
terraces was higher than the price charged to install a similar unit in the community room. They
would submit all drawings, calculations and certifications necessary to secure a permit. They
would provide outdoor slabs for mounting the condensers. Having reviewed the job, they see no
problems and consider it routine. The only thing we must supply is a 240V circuit for each
terrace.
Commissioner Sheridan was unavailable, so Commissioner Feldman and I met with Mike
Desorcy, the town building inspector to determine what additional tasks are required in order to
ensure that the entire project will meet his requirements for issuing permits. We recognized that
the window and A/C people will do a substantial portion of the tasks associated with permitting,
but an engineer, or an architect will be required to address overall design issues such as
accessibility, safety issues, energy efficiency and any other code compliance issues. There also
may be some electrical issues.
Commissioner Feldman, Mike Desorcy and I had a problem with the proposed contracting
method. My understanding is that the finance director had secured proposals containing
qualifications from several architects. No pricing was included. The town manager labeled it a
"professional services" contract and described the process as, "select a source based on
submissions outlining qualifications, with no pricing and then negotiate a price ". A committee
consisting of our finance director, our library director and the co- president of Friends selected
Bridges, March & Associates whose initial quote was$18,000. Our finance director negotiated a
final price of $15,000, which is 10% of the renovation budget. This process constitutes sole -
source procurement and a blank check. Since there is no definitive statement of work, the
contractor could deliver A, B and C and when asked for D could claim "change of scope ", and
demand additional funds. We agreed that an RFP should be issued and at least three (3)
competitive bids secured. We should all commend Commissioner Feldman for requesting that
the contract award to Bridges, March & Associates be delayed and Mayor Featherman,
Commissioner Sheridan and Commissioner Stern for concurring.
For your future consideration, typically, the Government will award a professional services
contract with a not -to- exceed dollar amount and rate structure, but no spending authority. If and
when they arise, specific tasks are released and work is done on a time - and - materials basis, or for
a negotiated fixed price. Funds are only obligated for the tasks that are released. A professional
services contract is not appropriate for this requirement.
In conclusion, we recommend that the town manager work with the building inspector to
generate an RFP with a definitive statement of work and secure at least three (3) competitive bids
from qualified architects and engineers.
Thanks to Commissioner Sheridan and Commissioner Feldman for assisting and supporting this
effort. Thanks to the entire commission and the Town staff for their support of our library. Lest
we not forget, a very special thanks to our library director, Mari Suarez, who is the moving force
`.� behind our magnificent library -
Mike
Memorandum �� �� # �r
To: Highland Beach Commissioners, Town Manager, Library Director, Building Inspector a' J
From: Mike Stein, 3912 So. Ocean Blvd., Unit 905
Date: October 1, 2014
Re: Library Terrace Renovation Project
Ref M. Stein Memo dated September 15, 2014
This memo is a follow up to the referenced memo and presents a game plan for proceeding with
the terrace project.
Everyone, the commissioners, the town employees, our residents and, most of all, our library
staff and Friends of the Library hoped the terrace renovation would be complete before the
season, no later than the end of December. It's unfortunate that the original solicitation didn't
include a definitive work statement and require competitive bids.
At the last commission meeting, except for Commissioner Brown, who advocated awarding the
$15,000 architect contract, the other four commissioners agreed that a definitive statement of
work and competitive bids were necessary. Commissioner Stern suggested we might quickly
contract directly with a window supplier and an A/C supplier. Commissioner Sheridan
expressed concern about how we would proceed.
As a staunch Library advocate and member of the Friends Board I undertook a study to come up
with a game plan. My objective is to get it done ASAP, but do it right.
I have concluded that:
1. Construction shouldn't commence until after the season, no earlier than April 2015.
2. Work on the RFP should begin immediately, to avoid further delays.
3. Mike Dorsey, our building inspector, should assist in the preparation of the statement of
work and should be involved in a bidder's conference where the scope of work is
reviewed, agreed upon and uniformly understood.
4. Our solicitation should be directed to engineers as well as architects. I would specifically
suggest Bromley & Associates be considered as an engineering firm.
Even if we hired an engineer, or an architect tomorrow, it would take a month before two critical
issues could be resolved. (1) Do we need to keep the terrace doors, or can we use the main
entrance doors that provide egress from the reading room. (2) The other issue is to determine the
insulation requirement and the heat load in order to size the A/C units. These tasks are
prerequisites to ordering the glass and the A/C units. I don't know about lead time for the A/C,
but the windows are custom made to measure and our openings are non - standard. By the time
materials were available and construction could commence, it would be well into the season and
we'd have a disaster on our hands, given dumpsters, contractor trucks and cars and construction
debris. It's likely, the last commission meeting was already too late for a December completion.
I thank Mike Desorcy for his time and wise counsel. I trust the commission will find this memo
useful.
Mike Stein