09-11-07 Minutes Spec/WSSPECIAL/WORKSHOP MEETING
SEPTEMBER 11, 2007
A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to
order by Mayor Rita Ellis in the First Floor Conference Room at City Hall at 6:01 p.m., on Tuesday,
September 11, 2007.
Roll call showed:
Present - Commissioner Gary P. Eliopoulos
Commissioner Fred B. Fetzer
Commissioner Woodie McDuffie
Commissioner Brenda B. Montague
Mayor Rita Ellis
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Janet K. Whipple, Deputy City Clerk
Lanelda Gaskins, Executive Assistant/Agenda Coordinator
WORKSHOP AGENDA
1. Presentation of Community Redevelopment Agency (CRA) Budget
Diane Colonna, Executive Director of the Community Redevelopment Agency (CRA)
presented this item. She did an abbreviated PowerPoint presentation as well as distributed a
packet of the presentation to Commission which gave a more detailed budget and work plan.
Mrs. Colonna described the accomplishments of CRA for FY 2006-2007 and progress on
upcoming projects. She explained the adopted expense allocation for FY 2008 budget.
David T. Harden, City Manager, asked if a referendum would be needed city-wide or district.
Mr. Fetzer complimented CRA on their great teamwork and for "stepping to the plate" to
help with funding the shuttle service and the Delray Beach City Library.
2. Discussion regarding establishment of a Budget Task Force
David T. Harden, City Manager, provided background information on this item. At the
August 28, 2007 Commission Workshop meeting, staff presented the Commission with
information regarding the Budget Task Force that the City of Clearwater implemented. Mr.
Harden would like to prepare a Resolution to implement a Budget Task Force for the City.
Mr. Eliopoulos is concerned with the membership protocol that would be established for
the task force.
Mayor Ellis is concerned with the quality and caliber of people needed. The length of time
needed fox service would also need to be established.
Mrs. Montague asked that Mr. Harden draft a list of professional backgrounds necessary for
the task force.
Mr. McDuffie advised that the time of year for some professions such as tax professionals
and auditors would have to be taken into consideration, it may be a conflict.
Mr. Fetzer advised he has mixed emotions but he is willing to give it a try.
It was the consensus of the Commission to give the Budget Task Force a try. Mr. Harden
will bring back to Commission the qualifications needed to be on the Task Force.
Reclaimed Water Master Plan Presentation
Richard Hasko, Director of Environmental Services, presented this item. He gave a
PowerPoint presentation on the reclaimed water system. He explained the benefits and the
status of the City since the changes with South Florida Water Management Water District
(SFWMD). Mr. Hasko explained the four phases and the progress of the Reclaimed Water
System program in each phase, which is based on the cost-effectiveness of the construction.
It was the consensus of the Commission that this was a very enlightening presentation.
4. Linton Boulevard. Bridge Tender House Presentation
Randal Krejcarek, City Engineer, presented this item. Mr. Krejcarek provided an update on
the status of the Linton Boulevard Bridge Tender House. Mr. Kxejcarek explained the
project will be going to SPRAB in the near future and then it will be going out to bid.
Mr. Eliopoulos asked if the Linton Boulevard Bridge Tender House will be hurricane-
resistant. He also asked staff to look at the new metal roofs on design; currently there is a
problem with getting a new warranty if you are on water unless you have aluminum roofs.
The Commission thanked Mr. Kxejcarek for his presentation.
Mayor Ellis called the special meeting to order at 7:35 p.m. and announced that it had been called
for the purpose of considering the following items:
SPECIAL MEETING AGENDA
SERVICE AUTHORIZATION NO. 04-08/CH2M HILL, INC.: Approve Service
Authorization No. 04-08 in the amount of $82,500.00 to CH2M Hill, Inc. for performance
of a comprehensive water and wastewater cost of service rate analysis and development of a
rate structure for reclaimed water services. Funding is available from 441-5111-526-31.30
(Water/Sewer Fund/Engineering/Architect).
2 September 11, 2007
Richard Hasko, Director of Environmental Services presented background information on
this item. He explained the comprehensive rate structure study that was conducted for
several cities fox reclaimed water service. The comprehensive utility rate study will look at
the cost of running service and the rate that is charged. The City has not conducted a study
in several years, and an overall utility rate study is needed. One of the major benefits is the
induction of a new EXCEL application software that the City would be licensed to use. The
software would be built by CH2M Hill which would offer the ability to plan over a 5-year
period such projections as operational maintenance and capital costs
Mr. Eliopoulos asked if there was another group that was considered. He is also concerned
with the liability section of the contract.
Mr. McDuffie advised staff to make sure upgrades are allowed with the EXCEL software.
Mrs. Montague moved to accept Service Authorization No. 04-08 with CH2M Hill with
amendments that it will be compatible with future EXCEL releases and will be subject to
City Attorney review of the agreement, seconded by Mr. Eliopoulos. Upon roll call, the
Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -
Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed 5-0.
2. APPOINTMENT OF OUTSIDE COUNSEL/LIDIA BOLANDER V TASER
INTERNATIONAL: DGG TASER, INC.; THE CITY OF DELRAY BEACH;
OFFICERS FRANK CASAREZ AND STEVEN HYNES• Consider the appointment
of Fred Gelston, Esquire to act as outside counsel for the City in the case of Lidia Bolander
v. Trier International; DGG Taser, Inc.; The City of Delray Beach; Officers Frank Casarez
and Steven Hynes.
Susan Ruby, City Attorney, stated this case was called from the state court and moved to
federal court and as a result the City would like the appointment of outside counsel, Fred
Gelston, Esquire, to represent the City and the officers.
Mr. Fetzer moved to appoint Fred Gelston, Esquire as outside counsel to represent the City
and the Officers Frank Casarez and Steven Hynes, seconded by Mr. McDuffie. Upon roll
call, the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed 5-0.
Mayor Ellis adjourned the Special Meeting at 7:51 p.m. for a brief Closed Attorney/Client Session.
3. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the case of:
Kenneth Miller, et al. v. Darren Cogoni, et al
Case No. 07-80249-CIV-Middlebrooks
Attendees: Mayor Rita Ellis
Commissioner Gary P. Eliopoulos
Commissioner Fred B. Fetzer
Commissioner Woodie McDuffie
Commissioner Brenda B. Montague
City Manager David Harden
3 September 11, 2007
City Attorney Susan Ruby
Police Legal Advisor Cathy Kozol
Attorney Fred Gelston
A certified court reporter
Purpose: Discuss settlement negotiations and strategy related to litigation
expenditures in the above cases.
Mayor Ellis reconvened the Special Meeting at 8:15 p.m.
4. SETTLEMENT OF:
Kenneth Miller, et al. v. Darren Cogoni, et al
Case No. 07-80249-CIV-Middlebrooks
Susan Ruby, City Attorney, presented this item. Mrs. Ruby discussed the settlement offer of
$1,000,000 which is partially insured. The settlement, if approved would be subject to
receiving a voluntary dismissal with prejudice, a receipt of a final order from the judge,
accepting this settlement and releases from all parties. This settlement would finalize and
settle all claims against the City.
Mr. McDuffie moved to approve the settlement of Kenneth Miller, et al v. Darren Cogoni,
et al with the expressed conditions of the City Attorney, seconded by Mrs. Montague. Upon
roll call, the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr.
Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed 5-0.
Mayor Ellis adjourned the Special Meeting at 8:25 p.m.
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City Clerk
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MAYOR
4 September 11, 2007
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Special Meeting of the City Commission held on Tuesday,
September 11, 2007 which Minutes were formally approved and adopted by the City Commission
on SEPTEMBER 18, 2007
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 September 11, 2007