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11-08-1982 VC SP2-M MINUTES OF SPECIAL SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, NOVEMBER 4, 1982 RECONVENED MONDAY, NOVEMBER 8, 1982 Present: Al Moore, Mayor W. H. Brawn, Vice Mayor Harriet Nolan., President Pro Tem V. A. Marks, M. D., Councilman Tom Valente, Councilman Raymond J. Howland, Village Manager Charles R. 0`Meili.a, Director of Public Services Wa11y E. Schott, Deputy Director of Public Services Herbert L. Gildan, Village Attorney Dolores R. WaIkex, Village Clerk Steve Yeckes, Yeckes & Lvchner Architects Phil Luciuzer, Yeckes & Lochner Architects Ken Scherer, Attorney for Yeckes & Lochner Architects Mayor Moore reconvened the recessed Special Session of Thursday, ROLL CALL Nw~ber 4, 19$2 at 8:02 p.m. A11 members of the Council and the staff were present. Mayor Moore informed the CoLmcil that there was one thing we MAIN MOTION failed to do at the Special Session of Thursday, November 4, PASSED 3-1 1982. We had an amended motion on the floor which we voted on, but we failed to vote on the main motion, which was the motion- by President Pro T~ Nolan that we resolve the interior finish at the Delacorte Building. The motion was seconded by Vice Mayor _ Brown. Thereafter Council voted an the main m~tian which passed 3-1, with Vice Mayor Brown opposed. The Mayor stated that at the recessed Special Session of Thursday, MOTION TO RESOLVE NovEmbex 4, 1982, we had a motion on the floor mode by Vice Mayor STAGE LIGH.CING Brown, seconded by President Pro T~1 Nolan to resolve the stave AT DELACORTE BLDG.. lighting at the Delacorte C~mnmity Center. We also had an amendment to the motion by Covnc~lma„ Marks and AMENDNffiVT TO seconded by President Pro Tem Nolan that we go with Alternate MOTION NOT B as previously in the bid, and that the responsibility for VOTED ON hooking these (lights) up is not the Village`s -- it belongs to the Architect or whoever it falls ari. This motion was not voted on. Thereafter Vice Mayor Brawn stated that he felt the Covnc3l MOTIGN TO AMQ~lD should not proceed with the motion on the floor tmtil the THE Ar1T Village Attorney could advise us, and moved to amend the PASSID UNANIMOUS- amendment as follows: that we recess on this motion until LY Monday, Novanber 8, 1982, at approximately 8:00 p.m. The motion was seconded by President Pro T~ Nolan and all present voted aye. The Mayor then stated that we are back at what we recessed for; REASON FOR RECESS namely, to have the Village Attorney look into the matter and , advise vs. Minutes of Special Session held Thursday, Nov. 4, 1982 Reconvened Monday, November 8, 1982 Page 2 The Village Attorney stated that .the conclusion, at least we ~irrTar.F: ATTORNEY'S reached on a staff level, is that the rudimentary power to the (:OMN~TTS lights, $2,000.00 addition, should be installed in order to make everything working there; that to the extent that the Village has been damaged to whatever-the dollars are because of the failure to include them the first time, and the rest of the cost we are put to, that we should expect to be reimbursed for that by the architects, Lmderstanding that the architects may have claims against other people since there was some suggest%an that they have been led to believe Fran either their engineers or suppliers that the Lights would be a package that would include - everythvag, but that would not be our concern. Mr. Gildan stated that he has a statanent from Mr. O'Meilia that says that he discussed the matter with Messrs. Yeclces and Lochner. He says although they admit that they or their engineers have a - designed deficiency in the plans and the specifications regarding 13~e power, they will not agree to pay anything for a solution to the problen and that, I guess, is where we sit at the u~e~zt. At this point Vice Mayor Brown asked what the action on the floor MOTION ON THE was. The Mayor informed him that Cotmcilman Marks moved to- amend FIAOR the motion, and that was to resolve the stage lighting, as follows: that we go with Alternate B as previously in the bid, anal that the -- responsibility far hooking these (lights) up is not the Village`s -- it belongs to the architect or whoever it falls. on. The untion was seconded by President Pro Tem Nolan. That is an amendment to the original utotion. Mr. Ken Scherer, the attorney representing Yeckes and Lochner, DISCUSSION BE- spoke on behalf of his clients, and a lengthy discussion between TWEE[Q MR. SC~IEREL2, Mr. Yeckes, Mr. Scherer and the Village Council ensued. During MR. YECKES & the discussion. Mr. Yeckes stated the following: I am admitting VTTTA(:F: COUNCIL to the Council that I made an error, that I am a human being, but for that error I am saying to you I don't believe that I should buy you an additional lighting system. I am admitting to you that I made a human error, but I feel that we are getting a lot ire discredit than credit. Mr. Gildan stated that T guess we Tiave various questions and maybe VILTAGE ATTORNEY'S they are getting mixed up and maybe we'can put them in order. C~ffi~TTS Question one was the lighting and the cost to hook up the lighting. I think there was an error oxi that part, and I think the Village may or may not have been damaged by that error. If, in fact, because it is learned at this stage and was not at the other. stage, and if it will cost us more then I think the responsibility rests with the architect, and I think that is all by itself. The second point I think has been made is what is the responsibility of the architect overall on this job, if ti,; as go wrong, and I _ absolutely agree with the architects and their lawyer that they are not the contractor. The responsibility to build this in accordance with plans and specifications rests .with the contractor, and if it is not built in accordance with the plans and specifications, the liability to replace it for the damages goes back against the contractor. But there is general supervisory responsibility and apparently the architects have done even more than they should. I think there is one pLsce where-they are responsible and that in if they know that there is not a-compliance with plans and specifi- cations, then on any payments we make, we should be advised not to make the payment, or to hold it back, and that will protect the Village, because i£ there are damages we ought not to pay for it. I hope and assume that the architects have advised vs not to make Minutes of Special Session held Thursday, Nov. 4, 1982 Reconvened Monday, November 8, 1982 Page 3 the payments if they are not correct; that is their responsibility and it is no more and no less, and I ain not aware of anything that so far -says they have not met tY~at responsibility even though the building was not built by the contractor as they designed it. I don't know that this is a black mark against then in any way. Those are the two issues that are vp before us. Mr. Gi1dan stated that no way, as far as he could see, has there been any negative reflection upon the Building Department of t2~e Village of North Palm Beach, and Iet there be no thought that there is not one word I have said to suggest-that Tda11y Schott or Charley O'Meilia hasn't done their job. Thereafter Councilman Marks withdrew his amendment; and President Pro COUNCl'LMAN MARKS Tem Nolan withdrew her second that we go with Alternate B as previ_ovsly WITFIDREW HIS in the bid and that the responsibility for hooking these (lights) up AMEt~MIIV'P & is not the Village's -- it belongs to the architect or whoever it PRES. PRO TIIK fa11s on. The Cotmcil concurred with this. NOLAN WTiIIDREW I13ERR SECOND Councilmzrn Marks then made tl~e following motion: that we authorize BUILDING DEPT. the Building Department to determine what it will cost to electrify TO n~'~T~' Alternate B presently and to determine what it would have cost to COSTS TO ELECTRIFY electrify Alternate B had a bid been made at the time that-the ALTERNATE B & original bids were sutxnitted to the Village, and that these bids REPORT BACK TO be brought back to the Village Council in order that they will grrrar_F COUNCIL accept what it wi11 cost to ca~lete it now, and if the Village has been damaged by the delay that we seek reimbursement for these damages. The motion was seconded by President Pro T~ Nolan and all present voted aye. ' There being no further business to cane before the Council, the RECESS meeting was recessed at 9:20 p.m. until Tuesday, November 9, 1982 at 7:30 p.m. Minutes recorded by: Dolores R. Walker, CMC Village Clerk