04-18-00APRIL 18, 2000
A Regular Meeting of the City Commission of the City
of Delray Beach, Florida, was called to order by Mayor David
Schmidt in the Commission Chambers at City Hall at 6:03 P.M.,
Tuesday, April 18, 2000.
Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Jeff Perlman
Commissioner Bill Schwartz
Mayor David Schmidt
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
At this point, the time being 6:05 p.m., Commissioner
HcCarthy arrived to the meeting.
2. The opening prayer was delivered by Father Donald
Munro, St. Vincent Ferret Church.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
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Agenda Approval.
Hayor Schmidt noted the addition of Item 9.L., Assign-
ment of the City's Uniform Contract to the Regular Agenda by
addendum, and noted a revised Exhibit "A" to Item 9.G., Resolu-
tion No. 35-00 (Mid-Year Budget Adjustment) of the Regular
Agenda.
Commissioner Archer added Item 9.A.A., Reaffirmation
of an alternate member to the Code Enforcement Board to the
Regular Agenda.
Hr. Schwartz moved to approve the agenda as amended,
seconded by Hr. Perlman. Upon roll call the Commission voted as
follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion
passed with a 5 to 0 vote.
5. Approval of Minutes:
Mrs. Archer moved to approve the Minutes of the Organ-
izational Meeting of March 30, 2000, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt -
Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote.
The Minutes of the Regular Meeting of April 4, 2000
were deferred to the Regular Meeting of May 2, 2000.
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Proclamations: None
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Presentations:
7.a.
Delray Camera Club Presentation
Hayor Schmidt presented a certificate of achievement
to the following Delray Camera Club members:
Honorable Mention
Barbara Miller - "I Love Veggies"
Patrick Ellis - "Showing Off In Lavender"
Gene Freeman - "I Found The Sea Treasure"
Florence Greenberg - "Monarch Butterfly"
Third Place
Soni Wallace - "Sea Gull"
Second Place
Robert Boylson - "Over The Hurdle"
First Place
Soni Wallace - "Petite Loxahatchee Sailor"
7.S.
Accreditation Award to the Parks and Recreation
Department
Joe Weldon, Director of Parks and Recreation, proudly
presented the award that the Parks and Recreation Department
received for earning national accreditation from the Commission
for Accreditation of Parks and Recreation Agencies for quality
parks and recreation administration. Currently, the City of
Delray Parks and Recreation Department is one of 26 agencies
nationwide that has received this award. A minimum of 135
standards, including 36 mandatory standards, are necessary for
accreditation. Delray Beach Parks and Recreation met 144 stan-
dards, including 36 mandatory ones. There was a final review
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and accreditation was approved by the Commission for Accredita-
tion of Parks and Recreation Agencies in Washington, D.C. on
March 3, 2000.
Hr. Weldon expressed his gratitude towards his staff
and thanked the City Hanager for encouraging the Parks and
Recreation to apply for the accreditation.
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CONSENT AGENDA: City Manager recommends approval.
8.a.
ACCEPTANCE OF RIGHT-OF-WAY DEED/LUCIEN COMMERCIAL
BUILDING: Accept a right-of-way deed dedicating to the City
five feet of right-of-way for S.E. 1st Avenue, associated with
the Lucien Commercial Building located on the east side of S.E.
1st Avenue, approximately 190 feet north of S.E. 2nd Street,
within the Central Business District.
8.B.
AGREEMENT FOR SIDEWALK IMPROVEMENTS/PROFILES IN CON
CRETE: Approve an agreement between the City and Profiles in
Concrete, Inc. to allow the deferral of sidewalk improvements
along Royal Palm Drive, Lime Lane and Poinsettia Drive associat-
ed with the construction of an industrial building for Profiles
in Concrete, until such time as the City requires the sidewalk
to be constructed.
8.C.
RESOLUTION NO. 34-00 (AMENDED RESOLUTION OF NECESSITY
FOR SEACREST/DEL-IDA SPECIAL ASSESSMENT DISTRICT): Approve an
amended resolution declaring the necessity for public improve-
ments for the Seacrest/Del-Ida neighborhoods and directing the
establishment of a special assessment district to defray a part
of the expense for same.
The caption of Resolution No. 34-00 is as follows:
A RESOLUTION OF THE CITY COHHISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
RESOLUTION 1-00 THAT DECLARED THE NECESSITY
FOR PUBLIC IMPROVEMENTS FOR THE SEACREST/
DEL-IDA NEIGHBORHOODS AS SHOWN ON EXHIBIT
"A", AND DIRECTED THE ESTABLISHMENT OF A
SPECIAL ASSESSMENT DISTRICT TO DEFRAY A PART
OF THE EXPENSE FOR PUBLIC IMPROVEMENTS TO
THE SEACREST/DEL IDA NEIGHBORHOODS; PROVID-
ING FOR THE ESTIMATED COST OF THE IMPROVE-
MENTS; PROVIDING FOR THE PREPARATION OF THE
ASSESSMENT ROLL.
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(The official copy of Resolution No. 34-00 is on file
in the City Clerk's office.)
8.D.
RESOLUTION NO. 5-00 (SETTING PUBLIC HEARING FOR SEA
CREST/DEL-IDA SPECIAL ASSESSMENT DISTRICT): Approve a resolu-
tion setting the date of June 6, 2000 for the public hearing
regarding the consideration of the Seacrest/Del-Ida Special
Assessment District.
The caption of Resolution No. 5-00 is as follows:
A RESOLUTION OF THE CITY COHHISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, SETTING A
PUBLIC HEARING DATE FOR THE PUBLIC HEARING
REGARDING THE CONSIDERATION OF THE SEACREST
DEL-IDA SPECIAL ASSESSMENT DISTRICT; PROVID-
ING FOR THE MAILING AND PUBLICATION OF
NOTICE REGARDING THE PUBLIC HEARING; PROVID-
ING AN EFFECTIVE DATE.
(The official copy of Resolution No. 5-00 is on file
in the City Clerk's office.)
8.E. RIGHT-OF-WAY USE AGREEMENT/FPL FIBERNET: Approve a
right-of-way use agreement between the City and FPL Fibernet,
LLC, to allow FPL to use the City's rights-of-way for the provi-
sion of telecommunications services in accordance with the City
Code.
8.F.
CLOSEOUT CHANGE ORDER #2 AND FINAL PAYMENT/REPUBLIC
CONSTRUCTION & DEVELOPMENT CORPORATION (POLICE EVIDENCE STORAGE
BUILDING & TENNIS CENTER PHASE IV): Approve closeout Change
Order #2 in the amount of $23,481.10 and final payment in the
amount of $42,481.10 to Republic Construction & Development
Corporation for completion of the Police Evidence Storage Build-
ing/Exercise Gym project and, by contract addition, the Tennis
Center Phase IV improvements, with funding from 334-6111-519-
62.10 (General Construction Fund/Buildings) and 334-4145-572-
63.90 (General Construction Fund/Tennis Center).
8.G.
CLOSEOUT CHANGE ORDER #1 AND FINAL PAYMENT/MURRAY
LOGAN CONSTRUCTION (KNOWLES PARK BOAT RAMP): Approve closeout
Change Order #1 in the amount of $23,773.75 and final payment in
the amount of $25,513.95 to Murray Logan Construction, Inc. for
completion of the Knowles Park Boat Ramp Removal/Design Build
Replacement project, with funding from 334-4179-572-63.90
(General Construction Fund/Knowles Park - Other Improvements).
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8.H. CODE ENFORCEMENT BOARD RULES: Approve revised General
Rules of Procedure for the Code Enforcement Board as adopted by
that board on December 14, 1999.
8.I.
REVIEW OF APPE~LE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development
Boards for the period April 3rd through April 14, 2000.
8.0.
AWARD OF BIDS AND CONTRACTS:
Contract award for auctioneering services to
Fisher Auction Co., Inc., at a fee of 1.875% of
the gross receipts per auction for a term of two
years with a one-time renewal option.
Purchase award in the amount of $27,234.00 to
Blue Ribbon Industrial Components Corporation,
sole source provider, for the purchase of
manufacturer replacement parts to repair the
Water Treatment Plant's chlorine emergency
scrubber and install a new chlorine gas leak
detector, with funding from 442-5178-536-64.90
(Water & Sewer R&R - Other Hachinery/ Equipment).
Lease award to Xerox Corporation for the three
year lease of a Xerox 5665MPS Copier for the
Police Department at a total lease cost over the
three year period of $16,789.32, with pricing per
Florida State contract and funding from 001-2113-
521-44.30 (Police Support Services - Equipment
Rental/Lease).
Contract award for the purchase and delivery of
office supplies to Office Depot, via Florida
Atlantic University Agreement, at an estimated
annual cost of $79,000.00, with funding from
various departmental operating budgets.
Mr. Schwartz moved to approve the Consent Agenda,
seconded by Hrs. Archer. Upon roll call the Commission voted as
follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt
- Yes; Mr. Perlman - Yes; Mrs. Archer - Yes.
REGULAR AGENDA:
9.a.
SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE:
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Consider a request for special event approval for the Hay 11,
2000 Art & Jazz on the Avenue, including temporary use permit
and street closure, staff support, use of City equipment and
specified overtime costs.
Robert A. Barcinski, Assistant City Manager, stated
that staff recommends endorsement of the event, approval of the
temporary use permit per LDR Section 2.4.6(H) for the street
closure, staff support as requested, use of stages and City
barricades, and setting an upper limit of $7,000 for overtime
costs with any difference to be paid by the Joint Venture.
Hr. Perlman moved to approve the special event approv-
al for the May 11, 2000 Art & Jazz on the Avenue, including
temporary use permit and street closure, staff support, use of
equipment and a limit of $7,000 for overtime costs with any
difference to be paid by the Joint Venture, seconded by Hr.
Schwartz. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs.
Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5
to 0 vote.
9 .A.A.
REAFFIRMATION OF THE APPOINTMENT OF AN ALTERNATE
MEMBER TO THE CODE ENFORCEMENT BOARD:
Mrs. Archer stated that the City and Dr. Josh Smith
have amicably reconciled their differences and all fines have
been settled.
Mrs. Archer moved for reaffirmation of Dr. Josh Smith
as an alternate member to the Code Enforcement Board, seconded
by Mr. Schwartz. Upon roll call the Commission voted as fol-
lows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer -
Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed
with a 5 to 0 vote.
At this point, Hayor Schmidt thanked Commissioner
Archer for her effort in resolving the matter with Dr. Josh
Smith.
9.S.
SPECIAL EVENT REQUEST/2ND ANNUAL GARLIC FESTIVAL:
Consider a request for special event approval for the 2nd Annual
Garlic Festival to be held on November 4 & 5, 2000, including
temporary use permit, sign code waiver, staff assistance as
requested, and consideration of a 50%/50% split of overtime
costs.
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Robert A. Barcinski, Assistant City Manager, stated a
request has been received from Nancy Stewart, Executive Director
of the Delray Beach Garlic Festival, for the 2nd Annual Garlic
Festival to be endorsed by the Commission to grant the temporary
use permit for the closure of various City rights-of-way as
outlined in the City Commission backup which would begin on
November 3rd at 6:00 a.m. to allow proper set up time for the
vendors, to waive the LDR's Section 4.6.7(D) (3) (j) (ii), to allow
signage to be placed more than one (1) week prior to the event,
and to provide staff support as outlined in the City Commission
backup, and to waive overtime costs for police and fire staff
assistance. Staff support would involve EMS assistance, Police
traffic control security barricading, stage set up, etc. The
overtime costs is estimated at a total of $9,190. The
estimatedovertime costs for police and fire support is $8,260.
Hrs. Archer moved to approve the special event request
for the 2nd Annual Garlic Festival to be held on November 4 & 5,
2000, including temporary use permit, sign code waiver, staff
assistance as requested, and a 50%/50% split of $9,190 in over-
time costs, seconded by Ms. McCarthy - Yes. Upon roll call the
Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer -
Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt -
Yes. Said motion passed with a 5 to 0 vote.
9.C.
SPECIAL EVENT REQUEST/PRO-MOTIONS VOLLEYBALL TOURNA
MENT: Consider a request from Pro-Motions Sports Marketing for
special event approval to allow the Pro-Motions Volleyball
Tournament to be held on the municipal beach on June 10 & 11,
2000.
Joe Weldon, Director of Parks and Recreation, stated
that this is a request from Gino Ferraro of Pro-Motions Sports
Harketing to hold a volleyball tournament on the municipal beach
on June 10 & 11, 2000. Pro-Motions Sports Marketing will donate
between $500 and $750 to the Ocean Lifeguard competition fund.
Hr. Weldon further explained that there is no overtime costs
involved on the City's behalf.
Hrs. Archer inquired as to what hours the parking lots
will be used for the event and asked how late activity is
expected to go for? In response, Mr. Ferraro stated that
generally people arrrive to the event between 7:30 a.m. and 8:00
a.m. and leave by 6:30 p.m. or 7:00 p.m.
Hr. Schwartz asked where the cars will park for the
event? In response, Mr. Weldon stated that there will be re-
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stricted parking at Anchor and Sandoway Parks for the players.
In addition, Hr. Weldon explained that there will be a $5.00
parking fee per car per day. The City's Ocean Rescue staff
collects this money and will deposit it in their competition
fund.
After discussion, the City Attorney inquired about a
Hold Harmless Agreement and recommended that the City obtain an
agreement if we do not currently have one in place. Hr. Weldon
stated although a Hold Harmless Agreement was never required
before, he can obtain one if the City Attorney finds it neces-
sary. He informed the City Attorney that the City currently has
a Certificate of Liability Insurance for which the City is named
as co-insurer for $1,000,000.
Mr. Schwartz moved to approve the request from Pro-Mo-
tions Sports Harketing for special event approval to allow the
Pro-Motions Volleyball Tournament to be held on the municipal
beach on June 10 & 11, 2000, subject to the City Attorney's
recommendation to obtain a Hold Harmless Agreement, seconded by
Mr. Perlman. Upon roll call the Commission voted as follows:
Mrs. Archer; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5
to 0 vote.
9.D.
INTERLOCAL AGREEMENT FOR FUNDING OF OLD SCHOOL SQUARE
IMPROVEMENT PROJECT: Consider approval of a tri-party interlo-
cal agreement between the City, Palm Beach County and Old School
Square, Inc. relative to funding of the band shell improvement
project at Old School Square.
After reviewing the agreement, the City Attorney
stated that this is a tri-party agreement with the City (as the
owners of the property), Old School Square, Inc., and Palm Beach
County. The County is going to fund up to $500,000 of the band
shell improvement project and other improvements as well, which
include rest rooms. Old School Square will provide $211,992 or
more to complete the project.
The City Manager stated that the City has the 5 year
capital budget in fiscal year 2001 of $100,000 for the rest room
component of this project.
Joe Gillie, Director of Old School Square, clarified
that the bathrooms are not for just Old School Square. He
stated that the actual band shell facility will service the
community in a variety of opportunities (i.e. The Garlic Festi-
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val, the Cinco De Mio Festival, The Delray Affair).
Hrs. Archer commented on the changes that have been
made to the preliminary plans. Hr. Gillie stated that there
have been some changes to the plans and explained that they have
the right to go back to the County and amend the agreement. A
master planning process was held and other opportunities have
come of it surrounding Old School Square. The exact placement
of the band shell will be determined through the masterplan.
Hr. Gillie stated that the band shell is in proximity exactly
where it is placed now and it is possible that the band shell
will either move approximately 10 or 15 feet to the east, or
stay in the position that is currently shown on the preliminary
plans.
After discussion, Hrs. Archer moved to approve the
tri-party interlocal agreement between the City (as the owners
of the property), Palm Beach County and Old School Square, Inc.,
relative to funding of the band shell improvement project at Old
School Square, seconded by Mr. Schwartz. Upon roll call the
Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy -
Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes.
Said motion passed with a 5 to 0 vote.
9.E. INTERLOCAL AGREEMENT/SPADY HOUSE FUNDING: Consider
approval of an interlocal agreement between the City, the Commu-
nity Redevelopment Agency, and Palm Beach County to provide
funding for the renovation of the Spady House Multi-Cultural
Museum.
The City Attorney explained that this funding agree-
ment provides monies for the restoration for the Spady House
Multi-Cultural Museum. The agreement provides that the County
will pay $100,000 to the CRA (the City's project manager) for
the renovation project. The CRA will provide $230,000 or more
and of that amount $150,000 is from State grant, $40,000 from
the City and $40,000 from the CRA to complete the renovation
project. The agreement is for 30 years and the renovation must
be complete within three years from execution of the agreement.
In the case of this project, the City Hanager stated
that the City's $40,000 has already been incorporated in last
year and this year's budget.
Mrs. Archer moved to approve the Interlocal Agreement
between the City, the Community Redevelopment Agency, and Palm
Beach County to provide funding for the renovation of the Spady
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House Multi-Cultural Museum, seconded by Mr. Perlman. Upon roll
call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr.
Schwartz - Yes. Said motion passed with a 5 to 0 vote.
9.F. INTERLOCAL AGREEMENT/PROJECT ADMINISTRATION: Consider
approval of an interlocal agreement between the City and the
Community Redevelopment Agency to provide for project
administration and management of the Spady House renovation.
Hs. HcCarthy inquired as to why Exhibit "B" ("Contract
Awards") shows some line items with no names designated to them.
She asked if this is because these have not been awarded yet?
Upon question from Ms. McCarthy, the City Manager
stated he cannot speak with certainty regarding Exhibit "B"
because the City is not involved in the administration of the
contract and does not keep abreast of those day to day details.
After discussion, Hr. Schwartz moved to approve the
Interlocal Agreement between the City and the Community Redevel-
opment Agency to provide for project administration and manage-
ment of the Spady House renovation, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Hayor Schmidt -
Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes;
Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.G.
RESOLUTION NO. 35-00 (HID-YEAR BUDGET ADJUSTMENT):
Consider approval of a resolution making mid-year adjustments to
the adopted budget for FY 2000.
The caption of Resolution No. 35-00 is as follows:
A RESOLUTION OF THE CITY COHHISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
RESOLUTION NO. 62-99 ADOPTED SEPTEMBER 21,
1999, WHICH MADE APPROPRIATIONS OF SUMS OF
MONEY FOR ALL NECESSARY EXPENDITURES OF THE
CITY OF DELRAY BEACH, FLORIDA, FOR THE
FISCAL YEAR 1999/2000, BY SETTING FORTH THE
ANTICIPATED REVENUES AND EXPENDITURES FOR
THE OPERATING FUNDS OF THE CITY FOR THE
FISCAL YEAR 1999/2000; REPEALING ALL RESOLU-
TIONS INCONSISTENT HEREWITH.
(The official copy of Resolution No. 35-00 is on file
in the City Clerk's office.)
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The City Attorney read the caption of the Resolution.
The City Hanager explained that there has been a
revision to Exhibit "A" of the Budget Summary. The revision is
in the fourth column under Special Revenue Funds in the Expendi-
tures/Expenses category. An error was made in the original
Exhibit. The line Economic Environment is about $110,000 too
high. This dollar amount has been reduced from $2,521,857 to
$2,411,869 which changed the total expenditures/expenses. The
Reserves should be $340,418 instead of $148,930. This now
brings the estimated revenues and expenses into balance. As
presented originally, it was not balanced and staff failed to
catch that error. The other changes to the Budget are explained
in detail in the backup material. The total General Fund budget
increases by about $1,000,000 with roughly 1/3 of that being the
donation of the Cornell property and the Williams House to the
City. A little over 1/3 of that is the Fire contract and the
additional overtime that is necessary. The remaining money is
spread amongst the other departments.
Hr. Schwartz questioned the two line items for Ad
Valorem taxes. The City Manager explained that the 6.91 is the
City's operating millage and the 0.74 is the debt service for
the general obligation bond issues.
With regard to the increased expenses for the Citrix
tournament, Hr. Perlman inquired as to whether or not there is a
Profit & Loss statement completed for this particular event.
The City Manager stated that the City has a summary of only what
the City has spent on the tournament. The City Manager stated
he will provide Hr. Perlman with a report of the City's expenses
for the Citrix tournament. Hayor Schmidt commented that he too
would like to see this report.
Mr. Schwartz moved to approve Resolution No. 35-00,
seconded by Hs. Archer. Upon roll call the Commission voted as
follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion
passed with a 5 to 0 vote.
9.H. CLAIMS FROM SEWAGE ~ACKUP: Consider approving payment
of claim and authorize the Claims Review Committee to make
payment on any other claims as appropriate.
from
The City Attorney stated this is a claim resulting
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a sewage backup which occurred on April 9, 2000. The City
Attorney explained that the City's Insurance Adjuster paid
$35,000 on one claim so that the owner could start the cleanup
and repair process. This was paid as an emergency item subject
to approval by the City Commission. This had to be paid because
of health, safety, and business reasons for this business. In
addition, she suggested that the Commission authorize the Claims
Review Committee guidelines to make payment on any other claims
that may result from this incident.
Commissioner Archer asked whether or not the proce-
dures have been rectified to prevent something like this from
happening again? In response, Dan Beatty, Deputy Director of
Public Utilities, stated there have been some modifications made
to the Standard Operating Procedures (SOP) for the Water Treat-
ment Plant Operator who is in charge after hours for monitoring
the lift station alarms. He further explained that there was an
unfortunate set of circumstances that all compiled into a
confusing situation thus resulting in the spill.
With regard to the modifications to the Standard
Operating Procedures (SOP), Commissioner HcCarthy asked Hr.
Beatty if this will be a way to foresee an incident such as this
one before it actually happens? In a power failure situation,
Mr. Beatty explained that the alarms that are on the systems now
for key lift stations will automatically trigger alerting one
individual responding from the City and one individual respond-
ing from Florida Power & Light.
The City Hanager stated that normally you would get a
high level of alarm well before you get an overflow. However,
for a variety of reasons, it did not happen in this case.
After discussion, Hrs. Archer moved to approve the
claims from sewage backup, and authorize the Claims Review
Committee to make payment on on any other claims as appropriate,
seconded by Ms. McCarthy. Upon roll call the Commission voted
as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy
- Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion
passed with a 5 to 0 vote.
9.I.
PROPOSAL FOR SETTLEHENT/BEIZER V. BRINKER, ET AL.:
Consider a proposal for settlement in the referenced matter.
The City Attorney recommends that the City Commission
reject the Proposal for Settlement and stated the charges are
not valid.
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Hr. Schwartz moved to reject the Proposal for Settle-
ment in Beizer versus Brinker, et al, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mr. Schwartz -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes;
Mrs. Archer - Yes. Said motion to deny passed with a 5 to 0
vote.
9.0.
YOUTH COUNCIL APPOINTMENT TO VISIONS 2010 STEERING
COMMITTEE: Appoint a representative from the Youth Council to
the Steering Committee for the Visions 2010 Planning Retreat.
Hr. Perlman moved to appoint Jim Reidy as a
representative with Nick Linder, (President), as his alternate,
from the Youth Council to the Steering Committee for the Visions
2010 Planning Retreat, seconded by Ms. McCarthy. Upon roll call
the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr.
Schwartz - Yes. Said motion passed with a 5 to 0 vote.
9.K. CONTRACT ADDITION/SHENANDOAI~ CONSTRUCTION: Consider
approval of an addition to the existing contract with Shenandoah
Construction in an amount not to exceed $17,000.00 to complete
the cleaning and televising of approximately 6,500 linear feet
of drainage pipe at various locations throughout the City, with
funding from 448-5470-538-65.46 (Stormwater Utility - NE/NW
Area).
Randal Krejcarek, City Engineer, stated that this item
is an addition to the contract with Shenandoah Construction
which the City Commission approved last month for the cleaning
and televising of the drainage systems associated with the 2000
Road Bond Program. The initial estimate that the City received
from Shenandoa was for $15,000. Once Shenandoah started on the
project, they realized that the cleaning involved in this
project was much more than originally estimated. Shenandoah
came back to the City and said it would be approximately another
100 hours of cleaning and about 68 hours of televising for a
total of approximately $17,000. Hr. Krejcarek explained that
the City of Delray has piggy-backed onto the contract that
Shenandoah has with the Broward County School Board.
Hrs. Archer asked if this is going to be typical of
other problems the City may encounter in other areas of the
City? At this point, Hr. Krejcarek stated it is hard to say for
certain because some areas the drainage systems are relatively
old and other areas are not quite as old. If there is an exist-
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lng system, staff will go in and look at the drainage system.
Hr. Krejcarek stated that it appears that the City has not done
anything this extensive in quite some time. He stated that
typically with a road project or any other improvement project,
the City is installing new drainage. Furthermore, he stated
that a lot of the City's drainage system is getting to the point
where it does need some maintenance.
At this point, the City Hanager stated that over the
next few years the City will have to develop a systematic pro-
gram for doing this to meet the requirements of the National
Pollution Discharge Elimination System for stormwater systems.
The City Manager stated that the City is trying to take the
stormwater utility money and put it into building more of the
system that is needed. At some point, the City Hanager stated
the City will either have to increase the stormwater utility
charge if this source is used to finance a higher level of
maintenance on the system, or the City will have to cut back on
its capital. The City Hanager stated that the Commission will
need to make some decisions within the next several years.
Discussion followed by the Commission and staff.
The City Hanager suggested that the Commission could
authorize staff to proceed with this unless a better price is
obtained. At that point, staff could come back to the Commis-
sion at its regular meeting of Hay 2, 2000.
Hr. Krejcarek stated that the contractor is ready to
proceed so this would delay everything for approximately two
weeks.
The City Hanager stated that he feels comfortable
proceeding with the approval of the contract addition. If the
Commission is not comfortable with this and would like to look
at other prices, the City Hanager stated that staff can look at
some other prices and bring back to the Commission in two weeks.
Or, unless a better price is obtained, the Commission can go
ahead and approve this and then have staff report back.
Ms. McCarthy moved to delay approval of the contract
addition with Shenandoah for two weeks so that staff may take
the time to look at competitve contractors who perform similar
work, in addition to having staff investigate to see what other
firms hourly fees are for the same services, and see if the City
can get this for a fee that is less than what has been proposed
to the Commission, and if staff cannot, then proceed from there.
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At this point, Mayor Schmidt asked Ms. McCarthy if
this is delayed for two weeks, would she like to see this item
come back to the Commission on Hay 2, 2000, for reconsideration?
In response, Ms. McCarthy stated that she would indeed like to
see this come back to the Commission on May 2, 2000. Mrs.
Archer stated that she would second the motion with purposes of
discussion. However, Mrs. Archer would rather see the Commis-
sion approve the project subject to the availability of finding
a better price. In other words, Mrs. Archer explained that she
would rather see the Commission make a request for staff to look
for a lower price and if staff determines that there is no lower
price available, to move ahead with the current project so that
there is little impact on a time delay.
Discussion followed regarding the impact a two week
delay would have on the City.
At this point, the motion was amended in an effort to
avoid a two week delay of the project.
Hs. HcCarthy moved to approve to give staff authoriza-
tion to investigate a lower bid, and as soon as rates are con-
firmed and if staff finds a lower bid, staff will proceed with
another firm, however, if a lower bid cannot be obtained, then
staff will proceed with Shendandoah, seconded by Hrs. Archer.
Upon roll call the Commission voted as follows: Hayor Schmidt -
Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes;
Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.L. ASSIGNMENT OF THE CITY'S UNIFORM CONTRACT: Consider a
request from Harrison Uniforms, Inc. to assign the City's uni-
form contract to Harrison Palm Beach County, Inc.
Brian Shutt, Assistant City Attorney, stated that the
City's current uniform provider is closing up their local outlet
in Palm Beach County and under the terms of the contract we need
to have a local outlet to be able to service the City. The new
vendor that would like to assume the contract has no objections
to the assignment.
The City Hanager commented that the uniforms would
still be coming from the same manufacturer just through a
different local company.
Mr. Schwartz moved to approve the request from Harri-
son Uniforms, Inc. to assign the City's uniform contract to
-15- 04/18/00
Harrison Palm Beach County, Inc., seconded by Mrs. Archer. Upon
roll call the Commission voted as follows: Mr. Perlman - Yes;
Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor
Schmidt - Yes. Said motion passed with a 5 to 0 vote.
10.
11.
PUBLIC HEARINGS: None
Comments and Inquiries on Non-Agenda Items from the
Public-Immediately following Public Hearings.
11 .A.
City Manager's response to prior public comments and
inquires.
The City Hanager had no responses to prior comments or
inquiries.
11 .B.
From the Public.
ll.B.1. Carolyn Zimmerman, 212 S.W. 2nd Avenue, recognized
Richard Eckerle, past President of the President's Council, and
stated that Delray has been very fortunate to have had such a
caring person serve as President. Ms. Zimmerman stated that Mr.
Eckerle will be remembered for his many contributions to the
City and he will be truly missed.
Secondly, Hs. Zimmerman explained that a new program
called "Building Better Neigborhoods" will be coordinated in
Delray. Cynthia Ridley, with MAD DADS, will be the coordinator
and Ms. Zimmerman will serve as the Chair for this program. Ms.
Zimmerman explained that they received a grant to fund a project
called "community chat". This program will involve a series of
eleven groups made up of ten to fifteen volunteer residents who
will meet to discuss ideas to build stronger neighborhoods.
Discussion will be on strategies to combat crime, improve hous-
ing, target educational issues, and create programs to help
seniors and teens. Delray will be used a pilot program by the
Studies Circle Resource Center in Hartford, Connecticut. She
explained all are welcome to attend the kick-off on April 28th
at Pompey Park from 6:30 p.m. to 9:00 p.m. If anyone needs
additional information, Hs. Zimmerman suggested that they
contact MAD DADS.
Lastly, Ms. Zimmerman invited everyone to attend "The
Easter Bonnet Stroll" being held on Sunday, April 30th at Old
School Square between 3:00-4:30 p.m.
ll.B.2. Alice Finst, 707 Place Tavant, explained that on April
-16- 04/18/00
12, 2000, the Site Plan Review and Appearance Board (SPRAB)
considered a site plan approval for a project called Parkside
Townhomes at Delray. This project is along the west side of the
E-4 Canal south of the Sudan subdivision on the east side of
Coral Trace Boulevard. Ms. Finst stated that for a long period
of time there was access from Lake Ida Road to Atlantic Avenue
along the E-4 Canal on the Davis Road extension. Several years
ago that road was closed off and from time to time there has
been conversation about getting a route from Lake Ida Road along
Davis Road to Atlantic Avenue. If indeed Davis Road is perma-
nently closed and before further development continues, she
urged the Commission to look into whether or not it would be
appropriate to have access from Lake Ida Road to Atlantic
Avenue.
12.
FIRST READINGS:
12 .A.
ORDINANCE NO. 10-00 (VALET PARKING QUEUE SIGNS): An
ordinance amending Chapter 71, "Parking Regulations", of the
City Code by amending Section 71.022, "Parking Prohibited During
Certain Hours on Certain Streets", to provide for the use of
valet parking queues. If passed, a public hearing will be
scheduled for Hay 2, 2000.
The City Manager presented Ordinance No. 10-00:
AN ORDINANCE OF THE CITY COHHISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 71, "PARKING REGULATIONS", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, BY AMENDING SECTION 71.022, "PARKING
PROHIBITED DURING CERTAIN HOURS ON CERTAIN
STREETS", TO PROVIDE FOR THE USE OF VALET
PARKING QUEUES; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 10-00 is on file
in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mrs. Archer moved to approve Ordinance No. 10-00 on
FIRST Reading, seconded by Mr. Schwartz. Upon roll call the
Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes.
Said motion passed with a 5 to 0 vote.
-17- 04/18/00
13.
Comments and Inquiries on Non-Agenda Items.
13 .A.
City Manager.
The City Manager reminded the City Commission of their
Goal Setting Session which will held on Thursday, April 27,
2000, at the Duncan Conference Conference Center from 8:00 a.m.
- 5:00 p.m.
The City Manager announced that the Palm Beach County
League of Cities will be meeting on Wednesday, April 26, 2000,
in the gym at Old School Square at 10:30 a.m.
13 .B.
City Attorney.
The City Attorney had no comments or inquiries.
13.C.
City Commission.
13.C.1. Commissioner Archer
Commissioner Archer had no comments or inquiries.
13.C.2. Commissioner Perlman commented on Laver's and suggest-
ed that the City explore the costs of alternative sites. He
feels there is a need for more family recreation throughout the
City.
Secondly, Commissioner Perlman stated there is program
being considered by the City of Boynton Beach that they will
allow City employees to take one hour a week to mentor local
children. The City of Boynton Beach is working with the State
Department of Labor and will be the first City in south Florida
to start this program. He feels this would enable local chil-
dren who do not have parental influence to at least have a
mentor for a short period of time each week and urged the City
to look into this program.
Lastly, Commissioner Perlman recognized Richard Eck-
erle and stated that he will be truly missed.
13.C.3. Commissioner Schwartz reiterated comments expressed by
Commissioner Perlman with regard to Richard Eckerle.
13.C.4. Commissioner McCarthy expressed appreciation and
thanked City employees for being so responsive and patient to
-18- 04/18/00
her questions regarding various issues.
everyone a happy holiday season.
In addition, she wished
13.C.5. Mayor Schmidt with regard to Richard Eckerle, Mayor
Schmidt reiterated comments made by Commissioner Perlman and
Commissioner Schwartz and recognized him for his many contribu-
tions to the City of Delray. Mayor Schmidt suggested that the
City consider planting a tree to honor the memory of Mr. Eckerle
as a tree was planted in memory of Anita Barba when she passed
away.
Hayor Schmidt wished everyone a great holiday season.
There being no further business, Hayor Schmidt de-
clared the meeting adjourned at 7:30 P.H.
ATTEST:
City Clerk
MAYOR
The undersigned is the City Clerk of the City of Delray Beach,
Florida, and the information provided herein is the minutes of
the meeting of said City Commission of April 18, 2000, which
minutes were formally approved and adopted by the City Commis-
sion on
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 some amendments, additions or deletions.
-19- 04/18/00
/ Ci~¥- C-l~erk - !
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach,
Florida, and the information provided herein is the minutes of
the meeting of said City Commission of April 18, 2000, which
minutes were formally approved and adopted by the City Commis-
sion on ~zJ ~ 2000
- ~City Cl~k ;
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 some amendments, additions
or deletions.