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08-10-04 Minutes SpMtgSPECIAL MEETING AUGUST 10, 2004 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff perlman in the First Floor Conference Room at City Hall at 6:00 P.M., on Tuesday, August 10, 2004. Roll call showed: Present - Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff perlman Absent - None Also present were - City Manager David T. Harden City Attorney Susan A. Ruby and Acting City Clerk Chevelle D. Nubin Mayor Perlman called the meeting to order and announced that it had been called for the purpose of considering the following items: CONTRACT AWARD: Contract award to PGAL, Inc. in the amount of $86,160.00 for professional consulting services for preliminary planning activities for the proposed Old School Square Cultural Arts Center Parking Garage Project. Funding is available from 380- 4150-572-63.29 (2004 G.O. Bond/Parks & Recreation/Old School Square). Commissioner Costin filed a Conflict of Interest and left dais. Richard Hasko, Director of Environmental Services, gave an overview of the item and Ian Nestler of PGAL, Inc. was in attendance to answer any questions. Mrs. Archer moved to approve the contract award to PGAL, Inc. in the amount of $86,160.00, seconded by Mr. Levinson. Upon roll call, the Commission voted as follows: Mrs. Archer - Yes: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed 4-0. 2. 2004-2005 FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES BLOCK GRANT FOR PREVENTION AND TREATMENT OF SUBSTANCE ABUSE FUNDING AGREEMENT/SUBCONTRACT WITH COMMUNITY CHILD CARE CENTER: Consider approval of an agreement between the City and the Florida Department of Children and Families and approve a subcontract agreement with the Community Child Care Center in the amount of $162,637.00 for the provision of substance abuse prevention services. The City Manager stated that Exhibit "A' to the agreement is now included and staff recommends approval of the agreement with the Florida Department of Children and Families and the subcontract agreement with the Community Child Care Center. Lula Butler, Director of Community Improvement, stated the program consists of the adult component and the Creating Lasting Families component. Ms. McCarthy moved to approve the 2004-2005 funding agreement between the City and the Florida Department of Children and Families and the subcontract agreement with the Community Child Care Center in the amount of $162,637.00, seconded by Mr. Levinson. Upon roll call, the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed 5-0. CHANGE ORDER NO. 1/CONTRACT ADDITION/THE JONES COMPANY OF SOUTH FLORIDA: Approve Change Order No. 1 (Contract Addition) in the amount of $29,768.55 to The Jones Company of South Florida for the relocation of a portion of an existing water main which conflicts with the installation of the proposed drainage system at the N.W. 18m Avenue site. Funding is available from 442-5178-536-63.50 (Water/Sewer Renewal & Replacement/Water Mains) and 448-5470-538-65.44 (Stormwater Utility Fund/N.E.-N.W. Area/Lake Ida to Atlantic Avenue). Dick Hasko stated this is an existing contract with The Jones Company to perform retention pond excavations in three different areas throughout the City. Staff ran into unforeseen conditions in terms of some vertical conflicts with the drainage pipe as well as some unknown water mains. He stated staff wanted to obtain approval as soon as possible so as not to interrupt the flow of work by the contractor. Mr. Costin moved to approve Change Order No. 1 in the amount of $29,768.55 to The Jones Company of South Florida, seconded by Mr. Levinson. Upon roll call, the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed 5-0. FUNDING REQUEST/ROOTS CULTURAL FESTIVAL, INC.: Consider approval of a request from Mrs. Elizabeth Wesley to fund certain expense items for the 2Th Annual Roots Cultural Festival, Inc. for their event to be held August 6-8, 2004. Funding is available from 001-6311-572-83.01 (General Fund/Other Grants/Aid). The City Manager introduced the item and stated Roots indicated to several staff members that they were struggling financially in regards to this year's event and needed more assistance from the City. He stated the Roots Cultural Festival, Inc. has not paid their entire bill from last year to Old School Square. He stated a lot of the expenses on the list submitted by Roots are out of pocket expenses for Old School Square. He stated if the Commission wants to respond to the request and pay some of the bills at Old School Square this will help two non-profits instead of one. He stated the payment should be made directly to Old School Square. 2 August 10, 2004 Commissioner McCarthy stated she did not know there was an outstanding balance to Old School Square until Mr. Harden informed her of that yesterday. She asked if there was any discussion about monetary impact when the decision was made to move the festival from Pompey Park to Old School Square. Lula Butler, Director of Community Improvement stated she was not in attendance for any discussions regarding the move to Old School Square and Joe Gillie, Executive Director of Old School Square, stated their discussion with Roots was about rental activity and the rental rate was reduced by 70% because this function was sanctioned by the City. He stated he was not privy to discussions regarding all other activities. Commissioner McCarthy stated that since the City does contribute to the operating expenses of Old School Square any allocations made that would benefit both non- profits in the long run would be a wise and good thing to do. Commissioner Levinson stated Mrs. Wesley indicated that they were "in the hole" from years past. He asked if there were outstanding invoices from any other agencies besides Old School Square. His concern is that any money the City gives them should they file bankruptcy would be brought back in and be redistributed to creditors. He stated he does not want one good deed costing the City. Commissioner McCarthy stated she has not heard anything regarding Roots filing bankruptcy. She stated she was under the impression that a lot of the funds that were due or shortages that Roots had were covered by dollars taken out of personal pockets of individuals in order to adhere to many of those expenses. Commissioner Costin stated it appears that the fiscal management of this was not too sound to begin with to incur all of these expenses after the fact and he heard it was not well attended. Commissioners Levinson and McCarthy stated there were at least 400 people in attendance for Saturday night. Commissioner McCarthy asked if the Commission has additional questions do they have to vote on this item tonight or can they take the time to get the answers to the questions. Lula Butler stated Mrs. Wesley expressed the need to be able to resolve some of the expenses. Commissioner Levinson asked if it would be appropriate to ask Roots for a final accounting of where they were, who they owe, and if there are any previous balances. Mayor Perlman stated there are two issues. One is the need for the City to make Old School Square as whole as it possibly can and the other issue is the future of the Roots Cultural Festival (a 27 year tradition in Delray). This is an organization the City needs to work with. He stated the City should stress some common sense things and look at Roots' hours of operation. He thinks the festival is important enough to rescue. Commissioner Levinson asked if there were other things the City contributed to Roots besides loaning the Neighborhood Program Specialist. 3 August 10, 2004 Commissioner Costin asked about the management of Roots. Commissioner McCarthy stated Roots changed management which is the reason the City was approached in regards to utilizing the Neighborhood Program Specialist. Commissioner Levinson stated that the City requi~es organizations to follow rules in terms submitting requests to City staff during this time of year. He stated it is distressing when after the fact an organization begs for forgiveness instead of asking for permission because it makes it difficult for the City when another organization feels they do not have to obtain permission. In addition, he stated the City has been in this position for three or four times now from different entities. He suggested that we bring someone in at a Workshop meeting who can help to get this policy up and running so that we do not nm into these problems again. Mayor Perlman stated the City needs to be proactive and help make this a viable entity. Commissioner Archer stated Roots needs some financial management assistance. Mayor Perlman stated that Mrs. Wesley is under a lot of stress and cannot do this alone. ComSmssioner Costin concurred with comments expressed by Mayor Perlman. Commissioner McCarthy asked Nancy Stewart (Garlic Festival) if she was at a break even point yet in the years of do'rog the festival. Ms. Stewart stated she was not at a break even po'mt yet. Discussion continued between the Commission. It was the consensus of the Commission to have staff obtain a final accounting report from the Roots Cultural Festival, Inc. for next week before making a decision on this item. Mayor Perlman declared the Special Meeting adjourned at 6:35 p.m. Acting City Clerk ATTEST: The undersigned is the Acting City Clerk of the City of De[ray Beach, Florida, and the information provided her(m is the Minutes of the Special Meeting of the City Commission held on Tuesday, August 10, 2004, which Minutes were formally approved and adopted by the City Cormmssion on August 17, 2004. 4 August 10, 2004 Acting City Clerk NOTE TO READER; If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 5 August 10, 2004 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS Costin, Robert 362 N.E. 5th Avenue COUNTY Delra7 Beach, Florida Palm Beach 8/t0/04 N~ME OF BOA.~O, COUNCIL COMMISSION, AUTHORITY', GR COMM(TTEE Delray Beach City Commission I~ I~ COUkI~ E~ O'ITtER LOCAL AGENCY MY POSITION IS: IX ELEC'n'vE City of Delray Beach WHO MUST FILE FORM 8B This form is for use by any Demon sen/thg at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to membom of advisory and Pon-advisory bodies who are presented with a voting conflict of interest un~er Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reveme side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ~ parson holding elective or appointive county, municipal, or other local public ofrme MUST ABSTAtN from voting on a measure which ures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mas- ,ire which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (in~uding the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that For purposes of this law, a 'relative" includes only the o.qicer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-ln.faw, sen-th-law, and daughter-in-law. A 'business associate' means any person or entity engaged in or carrying on a business enterprise with the Officer as a parlner, joint venturer, cOOWner of property, or corporate shareholder (where the shares of the coq:)omtico are not listed o~ any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and tiling this form with the pamon responsible for reco'ding the role- utes of the meeting, who should incoqxxate the form in the minutes. APPOINTED OFFICERS: Aithough you must abstain from voting in the situations descdhed above, you othen~ise may participate in these matters. However, you --'~ust disclose the nature of the conflict before making any attempt to intiuence the decision, whether orally or in writing arm whether made ! you tx' at you~ direction. ,: YOU INTEND TO MAKE ANY A'rFEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You must complete and tile this form (hefore making any attempt to intiuence the decision) with the pereon rosponsible fer rasording the minutes of the meeting, who will incerporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 pAGE 1 APPOINTED OFFICERS (continued) · A copy of b~m form must be ixovided immediately to the other membem of the agency. * The form must be read publicly at the next meeting after ~ fo~m is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must ~ orally the nature of your conflic~ in the measure before participaUng. · You must complete the foem and file it within 15 days after the vote occum with the pemo~ responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other membem of the agency, and the form must be read publicly at the next meeting alter the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I. Rober~ Costin , hereby d~stfloea ~at on August 10 (a) A measure can~ or will come before my agency which (check one) /%~, my ~ctel private gain or inured to Icos; ioured te Ibe special gain or Icos of my business associate, inured to the special gain or k~s of my relative, inured to the special gain or loss of Inured to the IWed~al gain or loss of (b) The measure before my agency and the nature of my conflicfing interest in the measure is as follows: ,20 04 : Date Filed REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, CE FO~Ud 8B - EFF. t/2000 PAGE 2