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HomeMy Public PortalAbout03/12/1971COMMISSION MEETING March 12th, 1971 Present: WILLIAM F. KOCH, JR. Mayor JOHN G. HART, Vice Mayor WILLIAM S. LaPORTE, Commissioner GEORGE W. WALKER Commissioner Also attending: R. D. Worthing, Att'y. Henry F. Lilienthal, and Kathleen Kirton. 1. Mayor Koch called the meeting to order. 20 Mr. Walker moved that the minutes of Commission's regular meet- ing held on February 12th, and Special meetings held on Febru- ary 25th and 26th, be approved as submitted. Motion was second- ed by Mr. LaPorte and unanimously carried. 3. Mr. Hart moved that the Financial Report be approved as compiled and submitted, and being duly seconded by Mr. Walker, the motion unanimously carried. 4. The following Police Reports Summary, for the month of February, was read and accepted by the Committee: COWART BROWN CORBETT McQUADE MUMMA Mileage 1412 1480 1620 1540 1553 Days 19 20 20 19 21 Hours 152 160 152 160 168 Calls 15 3 5 7 11 5. (a) A proposed "Agreement" with Reynolds & Company, concern- ing the employment of said firm to act in the capacity of Fiscal Agents for the Town of Gulf Stream as pertains to the Town's financing of a proposed Sewage Collection and Dispo- sal System, was submitted to the Commission for consideration. Mr. LaPorte stated he felt Att'y. henry Lilienthal should have at his command any information made available by Reynolds and Company. Mr. Lilienthal stated this would be supervised by Bond Counsel in Jacksonville in connection with its preparation for validation of Bonds at such time as same may be authorized to be issued. Mr. Hart moved to table this item, the motion being duly seconded by Mr. Walker. Upon Roll Call - Mr. LaPorte and Mr. Koch voted "No ". Motion died. Mr. LaPorte then moved this proposed "Agreement" be ac- cepted and its execution be authorized. Motion was seconded by Mr. Koch. Motion did not carry as Mr. Hart and Mr. Walker voted "No ". - z - Cont. 5. (b) An "Engineering Agreement ", prepared and offered by Russell and Axon, Consulting Engineers, Inc., for rendering certain Services relating to the Town's proposed Sewage Collection and Disposal System ONLY upon specific authorization from the Town Commission while in Regular or Special session. Mr. John Klinck, local representative of Russell & Axon, reviewed various aspects of the proposed sewage program and stated that it would not be practical for Gulf Stream to construct their own sys- tem because land values would make the cost prohibitive as it un- questionably would require several acres of land. He further ad- vised that the suggestions for three sewage treatment plants - one in the south part of Town, one in the northern part and one across the Waterway would not be practical nor approved by the State Board of Health. Operation of such plants would be extremely cost- ly and require round - the -clock operators and supervision. Following general discussion, Mr. LaPorte moved that the "Agree- ment" with Russell & Axon be executed by the proper officials on behalf of the Town, it being understood and agreed that further undertakings on this proposed improvement are wholly contingent upon the outcome of the Referendum Election which will be held on Tuesday, April 6, 1971, at the Town Hall in Gulf Stream. On being seconded by Mr. Walker the motion was unanimously approved. Mr. LaPorte then moved that Item 5 (a), identified on Page One of these 'Minutes'. which was tabled earlier in this meeting, be removed from the table and that the Commission consider enter- ing into the "Agreement" as submitted and authorize its execution by the proper Town Officials. Motion was seconded by Mr. Hart and unanimously carried. 6. The Town Manager suggested that the Commission determine a clos- ing date for processing Voter Registration as affects the coming Election on April 6th. Upon motion by Mr. LaPorte, seconded by Mr. Walker, the Commission unanimously authorized the Registra- tion Books to remain OPEN until 3:00 P.M., Friday, April 2, 1971. The Commission further informed those present that the Polls for the April 6th Election will be open from 7:00 A.M., to 7:00 P.M., the Voting Place to be at the Town Hall, 246 Sea Road, Gulf Stream, Flo- rida. Upon Mr. LaPorte's inquiry concerning possible Absentee Ballots for voting by qualified electors who may not be able to cast their bal- lot at the Polls, the Town Manager stated that any qualified elector may apply at the Town Hall and be provided with the necessary documents which will permit such Elector (Voter) to cast his or her ballot. 7. The Town Manager requested an appropriation, from the Contingency Account in the General Fund, in the amount of $125.00 to cover the cost of a much needed Refrigerator for the Town Hall. Upon motion by Mr. Hart, seconded by Mr. Walker, the Commission unan- imously approved such purchase and authorized the transfer of necessary funds from the Contingency Account. The m 'ng adjourned at 10:15 A.M. - - , � Deputy Tower A O R 117 0 I 1971 FINANCIAL REPORT FOR MONTH OF F E B R U A R Y WATER FUND BALANCES 1/31/71 $ 31903.64 Deposits Ir ,pjrv. �3 - "- Withdrawals 41711.84 BALANCES 2/28/71 $ 4.-73 �r sl3 TREASURY BILLS - - - $ 171424.06 CERTIFICATES /DEPOSIT $ 231000.00 REVENUE for February: Water $ Trash Licenses Permits Taxes GENERAL FUND ASSET REPLACEMENT $ 341237.63 $ 41694.33 Lin. -ate Im ,[U 0.7-7 71386.83 $ $ 41694.33 37,Yf/.a7 $ 301000.00 41452.93 Cig. Tax 792.00 Accts. Rec. 60.00 Elec. Franchise 3.00 Investment Re- ) 21865.44 demption ) " TOTAL REVENUE CHECKS DRAWN ON WATER FUND: 4874 Gulf Stream Golf Club 875 Florida Power & Light 876 Harvel & Deland 877 A & S Utility 878 Picard Chemical Co., CHECKS DRAWN ON GENERAL FUND: $ 111616.04 $ 71000.00 $ 20.70 25.00 71531.83 333.60 Int. 91666.40 $ 251750.90 Water (251545M Gals) $ 31065.40 Chlorination Power 24.64 Repairs to Water Lines 11377.50 Meter Reading 2 Mos. 100.00 Chlorine 144.30 TOTAL WATER FUND $ 41711.84 #705 Frank Ivory Wages - Wk.End. Feb.3 $ 89.43 706 Lenzy Pate " 11 " 84.58 707 Frank Ivory IT 11 Feb.10 89.43 708 ?1 ti " " 17 89.43 709 VOID 710 Frank Ivory " " " 24 89.43 711 VOID 712 VOID 713 Delray Appliance Center Tape Recorder & Tapes 125.58 714 Ira Cunningham Wages - Wk.End. Feb 10 75.64 715 it 11 " It 17 75.64 716 11 it It " " 24 75.64 717 1st Nat'l. Bank Delray Withholding Tax 418.40 718 Adams Chevrolet Police Car Repairs 30.98 cont. cont. #719 Autoproducts Corp., Police Car Repairs $ 11.04 720 Cadillac Overall Supply Cleaning Uniforms 31.20 721 City of Delray Beach Radio Service - Police ) 45.00 Sewer Charge ) 8.75 722 County Tax Collector Tax Collection Chgs. 170 174.24 723 County Sanitation Garbage Collection 750.00 724 Executive Secretariat Office Copies 4.95 725 Fairchild Products Chemical Mace - Police 55.70 726 Florida Power & Light Electricity - T.Hall /Strs. 711.64 727 Gulf Oil Corp., Gasoline 264.48 728 Hand's Book Shop Supplies 5.22 729 Hardrives, Inc. Street Repair Banyan Rd 176.75 730 Harvel & Deland Catch Basin Polo Drive 240.00 731 Klearwater Ltd., Town Hall Water 7.50 732 Colony Cleaners Police Uniform Cleaning 41.76 733 Modern Roofing Co., Town Hall Htg. Plant Rep. 165.43 734 Ocean City Lbr. Police Dept .99 735 it Ridge Gulf Sta. Police & Truck Car Repairs 117.39 736 Pierce Tire Co., It Car Repairs 100.01 737 Bell Telephone Co., Telephone Service 21.40 738 We Answer Phone Serv. Answering it 20.00 739 Wolf Lawn & Maint. Town Hall Lawn Care 41.00 740 Roy Cowart Salary - Feb. 601.55 741 James Brown it it 525.88 742 Harold Corbett " it 478.02 743 Wm. McQuade " it 504.42 744 Robert Mumma " it 478.02 745 R. D. Worthing " if 560.31 TOTAL GENERAL FUND $ 7,386.83 t INVESTMENT BANKER CONTRACT THIS AGREEMENT, made this _/(� day of Gtil�w� , 1971, between the TOWN OF GULF STREAM, FLORIDA, a municipal cor- poration, hereinafter called the "Town" and REYNOLDS & CO., New York, New York, hereinafter called "Reynolds & Co. ", by William E. Johnson, Manager of the Florida Municipal Bond Department, St. Petersburg, Florida. WITNESSETH: For and in consideration of the mutual promises, and agreements herein contained, and of the sum of $1.00 paid each to the other, the receipt of which is hereby acknow- ledged, the parties hereto agree as follows: 1. Reynolds & Co. will make a complete and thorough study of the audits, budgets and records of the current and past years of the Town. 2. Reynolds & Co. will within 30 days recommend a method of financing the construction of a sewage collection and disposal system in and for the Town (approximate cost $1,000,000), to include the type and size of the issue, the method of securing the issue, all salient features of the proposed method, information as to what other bonds of like Investment Banker Contract Town of Gulf Stream - Reynolds & Co. Page Two quality have sold for throughout the state, and other features of a definite program to arrive at the best method of designing a bond issue to finance the cost of the proposed improvements. 3. The Town shall review the said recommendation and decide on the improvements to be made and the method of financing the said improvements. 4. Reynolds & Co. shall have the privilege of submitting an offer to purchase the bonds to be issued by the Town and the Town may accept or reject this offer. At the time of submitting the said offer Reynolds & Co. shall supply informa- tion regarding the bond market at that time, including the latest Bond Buyer Averages. This offer shall be binding on Reynolds & Co. for a period of 4 days to allow the Town ample time to study same and consult bond bankers or other qualified persons. on or before 4 days (or longer if mutually agreeable) the Town shall accept or reject the said offer and the parties shall proceed as follows: (a) If the offer is accepted by the Town, Reynolds & Co. shall submit a good faith check for 2% of the total issue and shall proceed with due haste with the issuance of the said certifi- cates. No fee or other charge or expense shall be paid by the Town to Reynolds & Co. Investment Banker Contract Town of Gulf Stream - Reynolds & Co. Page Three (b) If the offer is rejected by the Town, Reynolds & Co. shall enter into a Fiscal Agency Contract with the Town for the purpose of pre- paring the public improvement bonds or certifi- cates for public sale upon the following terms and conditions: The Town shall pay to Reynolds & Co. for such fiscal agency service #��.p0 per one thou- sand dollars par value bond sold. Reynolds & Co. shall pay all expenses incurred with the sale with the exception of the fee of the Town Attorney of said Town. Reynolds & Co. shall work with the Town in bringing the said issue to public sale and make every effort to secure as low as possible an interest cost for the Town, said efforts to include the following: (1) Preparation of a comprehensive bro- chure, or Official Statement, detailing all salient features of the bond issue and describ- ing the Town in general. (2) Preparation of the Official Notice of Sale and the publication thereof in the Daily Bond Buyer. (3) Dissemination of the Official State- ment and other pertinent information to all potential bidders throughout the country. (4) Payment of all expenses incident to and culminating in the issuance and sale of the bonds, with the exception of the fee of the Town Attorney. These expenses include the fees of a nationally recognized approving attorney, cost of printing and delivery of the bonds, fees of the Clerk of the Circuit Court for validation proceedings, cost of printing and distribution of the Official Statement, and all necessary Investment Banker Contract Town of Gulf Stream - Reynolds & Co. Page Four advertising costs in connection with the sale of the bonds. IN WITNESS WHEREOF, the parties hereto have executed this contract in duplicate this ( 6 day of C); J 1971. ATTE City Clerk TOWN OF GULF STREAM, FLORIDA ayor REYNOLDS & CO. By: / William E. Joh4j6on Approved By Henry F. Lilienthal Town's Legal Advisor (SEE "Agree- ment" File) N M Recomment!ed Schedule of Standard Minimum Fees for Financial Consulting Contracts The following schedule d standard minimum fees for which the recommended fee is 80% of the is recommended by the Chartered Municipal standard schedule and parr passu revenue bonds for Financial Consultants of the Florida Security Dealers which the recommended fee is 70% of the standard Association and is considered to be appropriate schedule. It is assumed that the issuer will pay all a.r �u h „nri issues extent general obligation bonds, direct expenses in connection with the financing. Amount For Next $100.0W Amount OI Fee Fee Per $1,000 For NoM $100.OW Amount Of Bonds Of Fee Par Value _ OI Bond. $ 500,000 _ $ 7,500.00 $12.500 $2,800,000 $21,837.50 $4.000 600,000 8,750.00 11.250 2,900,000 22,237.50 3.875 700,000 9,875.00 10.000 3,000,000 22,625.00 3.750 800,000 10,875.00 8.750 3,100,000 23,000.00 3.625 900,000 11,750.00 7.500 3,200,000 23,362.50 3.500 1,000,000 12,500.00 6.250 3,300,000 23,712.50 3.375 1,100,000 13,125.00 6.125 3,400,000 24,050.00 3.250 1,200,000 13,737.50 6.000 3,500,000 24,375.00 3.125 1,300,000 14,337.50 5.875 3,600,000 24,687.50 3.000 1,400,000 14,925.00 5.750 3.700,000 24,987.50 * 2.875 1,50,000 15,500.00 5.625 3,800,000 25,275.00 2.750 1,600,000 16,062.50 5.500 3,900,000 25,550.00 2.625 1,700,000 16,612.50 5.375 4,000,000 25,612.50 2.500 1,800,000 17,150.00 5.250 4,100,000 26,062.50 2.375 1,900,000 17,675.00 5.125 4,200,000 26,300.00 2.250 2,000,000 18,187.50 5.000 4,300,000 26,525.00 2.125 2,100,000 18,687.50 4.875 4,400,000 26,737.50 2.000 2,200,000 19,175.00 4.750 4,500,000 26,937.50 1.875 2,300,000 19,650.00 4.625 4,600,000 27,125.00 1.750 2,400,000 20,112.50 4.500 4,700,000 27,300.00 1.625 2,500,000 20,562.50 4.375 4,800,000 27,462.50 1.500 2,600,000 21,000.00 4.250 4,900,000 27,612.50 1.375 2,700,000 21 425.00 4.125 5,000,000 27,750.00 All over $5,000.000 subject to negotiation. ENGINEERING AGREEMENT THIS AGREEMENT made and entered into this f2 day of I nom_, 1 '�(? / , by and between the Town of GULF STREAM, a municipality in Palm Beach County, Florida, acting by and through its Mayor and Town Commission, the governing body and officers, hereinafter referred to as the OWNER, and RUSSELL & AXON, CONSULTING ENGINEERS, INC., a Missouri corporation, authorized to engage in business in the State of Florida, with area offices in Palm Beach County and other Florida counties, hereinafter referred to as the ENGINEERS. WHEREAS, the OWNER is cognizant of the increasing responsibilities and requirements of the community for pollution control facilities and other public works improvements and has deemed it desirable to have certain en- gineering assistance provided in connection with the problems and improve- ments for which the services of the OWNER'S regular technical and adminis- trative personnel may not be available or otherwise appropriate for specific projects, and WHEREAS, the services of a consulting engineer are desirable to supplement the services of the OWNER'S regular technical and administrative personnel, and such services are imperative for the proper planning and con- duct of certain municipal projects, primarily sanitary sewage disposal, pol- lution control and associated public works improvements, and WHEREAS, the ENGINEERS, by virtue of their past experience with the OWNER'S municipal engineering projects, and being nationally known municipal engineers, are well qualified for furnishing the engineering services desired by the OWNER, and in addition have the facilities and staff to perform such engineering services, -1- WITNESSETH, that in consideration of the mutual covenants herein contained, the parties hereto agree as follows: The OWNER hereby employs the ENGINEERS to perform all engineering services more fully described below, and the OWNER agrees to pay for these services in accordance with the following terms: A. ENGINEERING SERVICES 1. Preliminary Engineering Report: The ENGINEERS will prepare a preliminary report covering the scope of sanitary sewerage re- quirements to serve the entire Town of Gulf Stream, including preliminary cost estimates for construction, operation and maintenance; recommendations for sewage disposal by treat- ment or cooperative agreement with other municipalities; sug- gested financing and project programming. 2. Proiect Plans and Specifications: When authorized by official action of the OWNER'S Town Commission, the ENGINEERS will prepare plans and specifications for construction of a municipal sewerage system, subject to approval of State and Federal re- gulatory agencies, suitable for public bidding by licensed con- tractors, and will assist the OWNER in advertising, receiving and analyzing bids and recommendations for award of contract, to the best interest of the OWNER. 3. _Construction Engineering and Resident Inspection: Upon the OWNER'S decision to proceed with construction of sewerage facilities, the ENGINEERS agree to provide consulting ser- vices during construction and resident inspection services, as authorized. Such resident inspection services will include preparation of record drawings, plans and construction details, for the OWNER'S permanent record of the sewerage project. B. ADDITIONAL ENGINEERING SERVICES 1. The ENGINEERS agree to attend Town Commission meetings when specifically requested by the OWNER for consultation in con- junction with specific engineering problems pertaining to special or scheduled agenda items. 2. The ENGINEERS agree to confer by telephone or personal visit with authorized Town Officials on specific matters pertaining to any engineering questions that might arise under the terms of this AGREEMENT with respect to municipal public works and sanitary sewerage projects and improvements. 3. The ENGINEERS agree to perform engineering services as may be directed by the OWNER, such as, but not limited to: -2- 1 (a) Preparation or revision of maps of any municipal engineering nature. (b) Engineering surveys, field studies and reports covering public works programs, including periodic inspections and reports of maintenance and operation. (c) Review of engineering materials submitted to the OWNER by others for official action, including subdivision plans, water and sanitary sewerage facilities, streets, drainage, etc. (d) Preparation of engineering plans and specifications for any specific improvements desired by the OWNER. (e) Represent the OWNER in negotiations of any engineering nature. (f) Consultation and recommendations on engineering matters per- taining to municipal codes such as subdivisions, maintenance, operation and improvements of public facilities, etc. (g) Other professional engineering services as described in the attached ASCE - Manual No. 45, Consulting Engineering (1968)1, as published by the American Society of Civil Engineers, which is hereby made a part of this AGREEMENT, and subsequent issues, updated from time to time to supersede the current issue. C. AUTHORIZATION 1. Authorization for the ENGINEERS to render any or all of the various types, kinds, or classes of services herein covered shall be given to the ENGINEERS in writing by an authorized representative of the OWNER except that attendance at meetings, conferences and the like may be requested verbally by the Mayor or his authorized representative. 2. Each authorization by the OWNER shall designate a person to act as the OWNER'S representative with respect to work to be performed under such authorization; and such person shall have complete authority to transmit instructions, receive information, interpret and define the OWNER'S policies and decisions with respect to materials, equipment and systems pertinent to the work covered by such authorization. D. TERMS OF PAYMENT 1. Preliminary Engineering Report: When the ENGINEERS have com- pleted the report as outlined hereinbefore under Section A, Item 1 and have filed with the OWNER 10 copies of the report, the OWNER agrees to pay the ENGINEER'S reimbursement for actual payroll costs involved, multiplied by a factor of 2.50 to cover overhead and profit, plus direct expenses; not to exceed the total sum of $1,000.00. 2. Project Plans and Specifications: Payment to the ENGINEERS for services described under Section A, Item 2, above, shall be based on a percentage of the construction cost in accordance with the curves therefor shown in the attached copy of ASCE- Manual No. 45, Consulting Engineering (1968), as published by the American Society of Civil Engineers, which is hereby made a part of this AGREEMENT, or any subsequent issues, updated from time to time to supersede the current (1968) issue. The portion of the fee to be accrued under this item shall be 80 percent of the median percentage payment in- dicated by Curve A, Page 28 thereof. It is understood that percentage payments based on project construction costs will be adjusted to actual contract prices when available. -3- 3. Construction Engineering and Resident Inspection: Payment to the ENGINEERS for services described under Section A, Item 3, above, shall be as follows: a. Construction Engineering: As construction work progresses, payment to the ENGINEERS shall be made in accordance with the aforementioned attached ASCE - Manual No. 45. The fee shall be 20 percent of the median percentage payment as in- dicated above, payable monthly, based on the actual amount of construction completed during the preceding month. b. Resident Inspection: Fees for resident inspection, when authorized, shall be paid to the ENGINEERS monthly, based on payroll costs times a multiplier of 2.50 in accordance with the attached ASCE - Manual No. 45, to cover overhead and profit. 4. Additional Engineering Services: Payment for engineering services outlined in the above Section B, shall be subject to negotiations between the OWNER and ENGINEER when such services are author- ized, based upon the scope and character of service to be provided. However, whenever the scope of service to be rendered under this AGREEMENT may be difficult to define, it is agreed that payment for such personal engineering services, as authorized, will be based on payroll costs multiplied by the factor 2.50 to cover overhead, administrative expense, and profit, as outlined in Section V, Charges for Consulting Engineering, or such superseding later issues, as noted above. The hourly personnel rates to be applied shall be based on actual payroll costs in effect at the time the services are performed. In addition, the ENGINEERS will be reimbursed for direct expenses required in the performance of work authorized by the OWNER, in- cluding, but not limited to: (a) Procurement of plans, plats, maps, and other documents re- quired for the prosecution of the work. (b) Travel, at the rate of ten cents (10) per mile, and long dis- tance telephone charges as billed, when required for the proper execution of authorized engineering services. (c) Field survey work required for planning, property, topography or right -of -way purposes. (d) Shop, mill or laboratory testing. (e) Test borings, subsurface exploration. (f) Aerial photography and photogrammetric surveys. However, the ENGINEERS shall furnish such above services as re- quired and authorized by the OWNER in writing, and shall be re- imbursed by payment for actual cost of such services, plus allowance for supervision, overhead and profit in accordance with the provisions of the attached Manual No. 45. 5. All fees will be due within thirty (30) days of billing, and the OWNER agrees to pay interest at the current legal rate on all amounts more than thirty (30) days overdue. -4- E. OWNERSHIP OF DOCUMENTS: 1. Copies of reports, estimates, drawings and specifications prepared under the provisions of the AGREEMENT shall be the property of and delivered to the OWNER, provided payment of fees on subject items have been received by the ENGINEERS. One (1) set of reproducible tracings of any completed project will be furnished to the OWNER by the ENGINEERS. 2. The OWNER agrees to furnish the ENGINEERS, at no cost, copies of records, maps, reports and any other data relative to engineering programs covered by authorizations provided by foregoing Section C. of this AGREEMENT. F. DURATION OF THIS AGREEMENT: It is agreed by and between the parties hereto, respectively, that this AGREEMENT shall continue in force in- definitely after date of its execution, until such time that it may be ter- minated by written mutual consent of the parties hereto, as provided in Section G. following. G. TERMINATION OF AGREEMENT: It is agreed by and between each of the parties hereto, respectively, that each of the parties shall have, and there is hereby reserved to such parties and each of them, the right to cancel and annul this AGREEMENT upon sixty (60) days written notice to the other party. Further, it is covenanted and agreed by and between the parties hereto that in case or in the event this AGREEMENT shall be cancelled as herein provided, the OWNER will pay the ENGINEERS all amounts due under the terms thereof, and the ENGINEERS will furnish the OWNERS with copies of all documents for which such payment has been received. IN WITNESS WHEREOF, the OWNER has caused this instrument to be executed in its name by the WIL_- urw F 1<,,�r� , the Offical Authorized Representative of the TOWN OF GULF STREAM, Palm Beach County, Florida, its seal hereunto affixed and attested by the Clerk of said Town; and the ENGINEERS have caused this instru- ment to be executed in its name and by its duly Authorized Officer and under Corporate Seal affixed. ATTEST: -- Town Clerk ATTEST: _ �' ems(. %,, . � ✓) �/. ' , , .� Assistant /Secretary Approved as orrectness and Form: fly/ Town Atto ey -5- TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA (A Municipal Corporation) i RUSSELL & AXON CONSUL ENGINEERS, INC. By /