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03-10-99SpMtg ~CH 10, 1999 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jay Alperin in the First Floor Conference Room at City Hall at 6:00 p.m. on Wednesday, March 10, 1999. Roll call showed: Present - Commissioner Patricia Archer Commissioner Ken Ellingsworth Commissioner David Schmidt Mayor Jay Alperin Absent - Commissioner David Randolph Also present were City Manager David T. Harden and City Attorney Susan A. Ruby. Mayor Alperin called the meeting to order and announced that it had been called for the purpose of considering the following items: (1) Municipal Election Results: Canvass the returns and declare the results of the March 9, 1999, municipal election. The City Clerk presented the cumulative totals for the regular and absentee ballots cast at the First Nonpartisan Election held on Tuesday, March 9, 1999, as certified by the Supervisor of Elections for Palm Beach County. For Commission Member/Seat ~1, Mayor Alperin stated that David W. Schmidt was unopposed for that office. Mr. Ellingsworth moved that David W. Schmidt, being the only candidate to qualify for the office of Commission Member/Seat ~1, is hereby declared to be elected to that office in accordance with Section 5.04(b) (2) of the City Charter, and shall serve for a term of two (2) years, commencing on the 25th day of March, 1999, and ending in accordance with the City Charter. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. For Con~nission Member/Seat #2, Mayor Alperin stated that Patricia Archer received 3,710 votes and Stan Scheinberg received 2,611 votes. Mr. Ellingsworth moved to approve the total votes for each candidate for Commission Member/Seat #2, including all of the regular and absentee votes as presented, and that it is hereby declared, based upon the above and foregoing results, that Patricia Archer is elected as Commission Member/Seat #2, for the unexpired one year term commencing on the 25th day of March, 1999, and ending in accordance with the City Charter. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 4 to 0 vote. For Couuuission Member/Seat #3, Mayor Alperin stated that Barbara D. Brown received 3,298 votes and Michael Wright received 3,301 votes. Mr. Schmidt moved to approve the total votes for each candidate for Commission Member/Seat #3, including all of the regular and absentee votes as presented, and that it is hereby declared, based upon the above and foregoing results, that Michael Wright is elected as Commission Member/Seat ~3, for a two (2) year term commencing on the 25th day of March, 1999, and ending in accordance with the City Charter. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. (2) Proclamation in recognition of March 7-14, 1999, as Palm Beach County Sports Hall of Fame Week, and commending Michele Safford as the 1st Special Olympic Athlete inductee. Mayor Alperin read the proclamation in full, recognizing the week of March 7-14, 1999, as Palm Beach County Sports Hall of Fame Week and commending Michele Safford, Special Olympics Athlete of the Year on the occasion of her induction into the Palm Beach County Sports Hall of Fame on the 14th day of March, 1999. Accepting the proclamation on Michele's behalf was her father, Joe Safford, the City's Finance Director. Mr. Safford expressed his appreciation to the City Commission for their recognition of Michele's achievements. Mr. Safford then introduced Mr. George Warren, Michele's speed skating coach, who is involved with public relations for the Special Olympics and was recently selected to sit on the Palm Beach County Sports Hall of Fame committee. (3) Fundinq Request/Sandoway House: Consider a request from The Friends of Sandoway House Nature Center for assistance with the final payment to Enterprise Contractors. The City Manager stated there were some unanticipated extra costs, some of which were related to improvements in the air conditioning system which were recommended by the City. The staff recommendation is to pay 50% (roughly $8,000) of the additional cost at this time and then see how the Sandoway House budget is doing this summer. At that time the Commission might want to consider an additional contribution in the FY 2000 budget to offset the expense in full. - 2 - 3/10/99 Mr. Ellingsworth moved to approve the staff recommendation. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. Prior to roll call, Mr. Schmidt asked what the City's agreement was with the Sandoway House regarding how much the City was going to contribute toward the construction, if anything? Mr. Barcinski stated that the City agreed to pay for the air conditioning which came to thirty-some thousand dollars and which was paid by the City. The funding assistance requested now is in addition to that. Mayor Alperin pointed out that much of the problem with the additional costs came about as a result of overruns by the contractor which were not approved by the Sandoway House Nature Center Board of Directors. (4) Agreement for Disaster Recovery Services/Grubbs Construction Company: Consider approval of a disaster recovery agreement with Grubbs Construction Company to provide debris removal and technical assistance in the event of a disaster. Robert A. Barcinski, Assistant City Manager, explained this is a disaster recovery services agreement with Grubbs Construction Company for a $100.00 retainage fee to guarantee they would provide services to the City in the event of a disaster such as a hurricane, tornado, etc. The services include technical assistance for damage assessment and documentation support needed to obtain reimbursements from the federal and state governments. Debris removal services will also be provided, including equipment and technical personnel. Mr. Barcinski noted the agreement provides for a turn-key operation where Grubbs will be responsible for subcontracting with other companies to provide any additional equipment and manpower needed and is responsible to the City for all subcontractors. Mr. Barcinski continued that the agreement has been reviewed by the City Attorney and there is one minor change that needs to be made. On page 1 of 5 of Agreement for Disaster Recovery Services, Attachment 1, subheading Debris Removal from Private Property (Right-of-Entry Program Pick-up and Haul), fourth line down from the top, will be amended to read "Upon receipt of the completed right of entry form/ and hold harmless agreement from the property owner, and execution of the non-duplication of benefits agreement from the City, ...". On question from Commissioner Archer, Mr. Tom Rankin, Division Manager for Emergency Services/Grubbs Construction Company, stated that pursuant to the terms of the agreement, Grubbs Construction is contractually responsible to the City to provide the services agreed upon no matter what else occurs, and to do so in a timely and proper manner. - 3 - 3/10/99 Mrs. Archer moved to approve the Agreement for Disaster Recovery Services with Grubbs Construction Company, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. (5) Resolution No. 16-99: A resolution authorizing the City's acquisition of the Hernandez property located at the northwest corner of S.W. 10th Street and Swinton Avenue. Lula Butler, Director of Community Improvement, stated that approval of this resolution, including the Contract for Sale and Purchase, will allow staff to move ahead to closing on the property. The intent is to develop at least twelve (12) homes under the City's affordable housing program for fee simple owner occupancy. Mr. Schmidt moved to approve Resolution No. 16-99, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 4 to 0 vote. (6) Bid Award/Wesco Turf Supply, Inc.: Consider approval of a bid award in the amount of $21,400, via Florida State contract, to Wesco Turf Supply, Inc. for the purchase of two (2) 72" Toro Groundsmaster mowers for use by Parks Maintenance, with funding from 501-3312-591-64.20 (City Garage/Automotive). Mr. Barcinski stated this purchase is to replace a 1988 mower and a 1991 mower currently being used by the Parks Maintenance Division. Mr. Schmidt moved to approve the bid award in the amount of $21,400 to Wesco Turf Supply, Inc. for the purchase of two (2) 72" Toro Groundsmaster mowers, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. There being no further business, Mayor Alperin declared the special meeting adjourned at 6:25 p.m., at which time the City Commission convened the regularly scheduled work session. - ~CitY'-C~rk ' - ATTEST: - 4 - 3/10/99 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 March 10, 1999, which minutes were formally approved and adopted by the City Commission on ~.~ /~ /999 / -- - ~citY-C~rk 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 official only after review and approval by the City Commission which may involve amendments, additions or deletions to the minutes as set forth above. - 5 - 3/10/99