12-08-98 DECEMBER 8, 1998
A Regular Meeting of the City Commission of the City of
Delray Beach, Florida, was called to order by Mayor Jay Alperin
in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday,
December 8, 1998.
1. Roll call showed:
Present - Commissioner Patricia Archer
(arrived 6:10 p.m.)
Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner David Schmidt
Mayor Jay Alperin
Absent - None
Also present were City Manager David T. Harden and City
Attorney Susan A. Ruby.
2. The opening prayer was delivered by Pastor I.C. Spivey
with Lake Ida Church of Christ.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
4. Agenda Approval.
Mayor Alperin noted the addition of Item 7.C., Sunset
Entertainment Group Inc. presents Willie Tyler and Lester, under
Presentations, and Item 9.F., Contract Award to Delta Petroleum
and Industrial, Inc., to the regular agenda, by addendum.
The City Attorney asked that additional language be
added to Item 8.I.1 (Bid award for group health insurance bene-
fits) to clarify that it would be subject to union ratification
where applicable.
Mr. Randolph moved to approve the agenda as amended,
seconded by Mr. Schmidt. Upon roll call the Commission voted as
follows: Mr. Schmidt - Yes; Mr. Ellingsworth - Yes; Mr. Randolph
- Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0
vote.
5. Approval of Minutes: None
6. Proclamations: None
7. Presentations:
7.A. Government Finance Officers Association's Certificate
of Achievement for Excellence in Financial Reporting presented to
the City of Delray Beach for its Comprehensive Annual Financial
Report for the Fiscal Year ended September 30, 1997.
Mayor Alperin presented the GFOA Award of Financial
Reporting Achievement to Joe Safford, Finance Director, and
commended staff on a job well done. Mr. Safford accepted the
award on behalf of Milena L. Walinski, Assistant Finance Direc-
tor, and expressed his appreciation to the Finance Department's
accounting staff.
7.B. 7th Annual Site Plan Review and Appearance Board Award
Recognition Program.
Conrad Sittler, Chairman of the Site Plan Review and
Appearance Board, gave a slide presentation depicting this year's
design categories and award receipients. The awards are given to
those property owners and their design teams who have signifi-
cantly contributed to the beauty of the community through cre-
ative design or renovations to existing properties. Mr. Sittler
then presented the following awards:
New Commercial Development
Delray Beach Marriott
10 North Ocean Boulevard
Thomas T. McMurrain, Ocean Properties, Ltd.
(Owner/Developer)
North South Construction Corporation (Architect)
Debra Turner Oster, Jerry Turner & Associates of
Florida, Inc. (Landscape Architect)
New Industrial Development
Noland Company
251 North Congress Avenue
Lloyd U. Noland, Jr., C.E.O., Noland Properties,
Inc. (Owner)
Larry Kramer, South East Architect Services, Inc.
(Architect)
Michael J. Petrow, Michael J. Petrow & Associates,
Inc. (Landscape Architect)
Multi-Family Residential Development
Coralina Courtyard Villas
1017 Coralina Lane
Cary Glickstein, Ironwood Properties, Inc.
(Developer)
Rustem Kupi, P.A. (Architect)
Debora Turner Oster, Jerry Turner & Associates of
Florida, Inc. (Landscape Architect)
Commercial Redevelopment
Milagro Children's Center
101 S.E. 2nd Avenue
Dharma Foundation (Owner)
John Szerdi, John W. Szerdi & Associates
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(Architect)
Best Improvement
Lake Ida Plaza
600 North Congress Avenue
Dan Navilio, MDN Lake Ida, Inc. (Owner)
Jeff Smith, JMS Design, Inc. (Architect
Commercial Facade Renovations
Rosner Shoppes
1126-1130 East Atlantic Avenue
Charles Rosner (Owner)
Mark Marsh, Digby Bridges Marsh & Associates, Inc.
(Architect)
Siqnaqe
Erny's Restaurant
1010 East Atlantic Avenue
Bill Resnick & Geary Cotton, EDRB, Inc. (Owners)
Brian Thomas, Bright Image Signs, Inc. (Sign
Contractor)
7.C. Sunset Entertainment Group Inc. presents Willie Tyler
and his lovable sidekick, Lester.
Joseph Ferret, President, Sunset Entertainment, intro-
duced Mr. Tyler, a nationally acclaimed ventriloquist and actor.
Mr. Tyler and his sidekick, Lester, are in town this week for a
production and took the time this afternoon to entertain children
in the after school program at Pompey Park with a free concert.
Mr. Tyler and Lester came forward for a brief visit and commented
on the desirability of having quality after school programs such
as the one at Pompey Park.
8. CONSENT AGENDA: City Manager recommends approval.
8.A. WATER SERVICE AGREEMENT FOR THE ENCLAVE: Approve a
water service agreement for The Enclave, a proposed 224 unit
multiple family development to be located on the south side of
West Atlantic Avenue, approximately 2,000 feet west of Military
Trail within unincorporated Palm Beach County, subject to condi-
tions.
8.B. FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE
PROGRAM: Approve funding subsidies in the total amount of
$18,601.79 for two (2) income eligible applicants under the
Delray Beach Renaissance Program, with funding in the amount of
$10,251.79 from 118-1923-554-83.01 (HOME) and $8,350.00 from
118-1924-554- 83.01 (SHIP).
8.C. SERVICE AUTHORIZATION #3/ECKLER ENGINEERING (REHABILI-
TATION OF LIFT STATIONS 13, 24 & 26): Approve Service Authoriza-
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tion #3 in the amount of $31,000.00 with Eckler Engineering for
consulting services related to the rehabilitation of lift sta-
tions 13, 24 and 26, with funding from 442-5178-536-61.83 (W&S
Renewal & Replacement/Lift Station Rehabilition).
8.D. AMENDMENT #2 TO SERVICE AUTHORIZATION #i/CH2M HILL
(AQUIFER STORAGE & RECOVERY PROJECT): Approve Amendment #2 to
Service Authorization #1 with CH2M Hill in the amount of
$56,599.00 for additional engineering and consulting services
related to the aquifer storage and recovery project, with funding
from 441-5181-536-69.18 (W&S Transmission/Storage - Aquifer
Storage and Recovery).
8.E. CONTRACT ADDITION (C.O. #1)/TRIO DEVELOPMENT CORPORA-
TION (S.E. 2ND AVENUE LIMEROCK BASE PREPARATION): Approve a
contract addition (C.O. ~1) in the amount of $19,575.50 with Trio
Development Corporation under the Rehabilitation of Lift Stations
16 & 3lA contract to include pavement removal, grading and
limerock base construction of S.E. 2nd Avenue between S.E. 1st
and 2nd Streets, with funding in the amount of $2,975.50 from
442-5178-536-63.50 (W&S R&R/Water Main-SE 2nd Avenue) and
$16,600.00 from 448-5461-538-63.93 (Stormwater Utility/SE 2nd
Avenue).
8.F. CONTRACT ADDITION (C.O. #2)/JAM ROCK, INC. (SIDEWALK ON
LAKE IDA ROAD FROM DAVIS ROAD TO CORAL WAY): Approve a contract
addition (C.O. #2) in the amount of $8,881.50 and a time exten-
sion of seven (7) calendar days with Jam Rock, Inc. under the
Southwest Area Sidewalk Improvements contract to include the
construction of a sidewalk along the south right-of-way line of
Lake Ida Road between Davis Road and Coral Way, with funding from
334-3162-541-63.11 (General Construction Fund - Bikepaths/
Sidewalks).
8.G. CLOSEOUT CHANGE ORDER #1 AND FINAL PAYMENT/MARINE
ENGINEERING CONTRACTORS (MILLER PARK NORTH FIELD RECONSTRUCTION):
Approve closeout Change Order #1 in the amount of $1,940.00 and
final payment in the amount of $7,566.50 to Marine Engineering
Contractors, Inc. for completion of the Miller Park Reconstruc-
tion of North Field project, with funding from 334-4173-572-63.73
{General Construction Fund - Miller Field Grading).
8.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development
Boards for the period November 30th through December 4, 1998.
8.I. AWARD OF BIDS AND CONTRACTS:
1. Bid award for group health insurance benefits to
Florida Municipal Insurance Trust for the policy
period March 1, 1999 to February 28, 2001 (2-year
contract), at a total projected annual cost of
$1,937,306; together with approval to extend the
current United HealthCare contract for one month
from February 1, 1999 to March 1, 1999, to allow
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sufficient time for the enrollment process; subject
to union ratification where applicable.
2. Purchase award in the total amount of $25,336.80 to
Club Car, Inc. for five (5) Carryall II golf
utility carts to replace existing carts that are
9-15 years old, with funding from
445-4761-572-64.90 (Municipal Golf Course - Other
Machinery & Equipment).
3. Bid award in the estimated annual amount of
$55,881.35 to Harrison Uniform Company for the
purchase of uniforms for the Police Department,
with funding from various divisions' line item
52.22 (Uniform/Linen Services).
4. Funding approval in the total amount of $78,850 for
6-month contracts with two contract employees in
the MIS Division as follows: $43,150 to Comtex
Information DBA Norrel Information for the position
of Senior Programmer/Analyst and $35,700 to RHO
Consulting for the position of Network Engineer,
with funding from 001-1811-513-31.90 (MIS/Other
Professional Services) through budget transfer.
5. Grant award through the HOME Investment Partnership
program in the amount of $11,807.25 to Henry
Haywood for the rehabilitation of a single family
housing unit at 926 S.W. llth Terrace, with funding
from the 1997 unencumbered balance of
118-1923-554-49.19 (HOME/Housing Rehabilitation).
Mr. Schmidt moved to approve the consent agenda as
amended, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes;
Mayor Alperin - Yes; Mr. Schmidt Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. BONUS PAYMENT/BJCE, INC.: Consider approval of a bonus
payment per terms of the contract with BJCE, Inc. for golf course
operations in the amount of $18,000 and an additional award of
$3,000 for tennis center operations, for a potential total bonus
payment of $21,000; with funding in the amount of $13,000 from
445-4711-572-34.90 (Municipal Golf Course/Other Contractual
Services), $5,000 from 446-4711-572-34.90 (Lakeview Golf Course),
and $3,000 from 001-4124-572-34.90 (Tennis Center).
Robert A. Barcinski, Assistant City Manager, stated the
request was for a bonus payment in the amount of $21,675, or 15%
of the base fee for the three facilities (Municipal Golf Course,
Lakeview Golf Course and the Tennis Center). Staff recommends
approval of $18,000 for the two golf courses per the November 1,
1994 agreement. In addition, Mr. Dubin is requesting 15% for
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accomplishing goals and objectives for the tennis center; that
base fee is $20,800 per year. The City Attorney has reviewed the
agreements and concluded that the contract does not address a
bonus payment for the tennis center operation. Hence, this is a
discretionary item for the City Commission. Mr. Barcinski stated
he recommends favorable consideration of an additional award of
$3,000 for the tennis center operation.
In summary, Mr. Barcinski recommended approval of a
bonus payment per terms of the contract with BJCE, Inc. for golf
course operations in the amount of $18,000 and an additional
award of $3,000 for the tennis center, for a total bonus payment
of $21,000.00. He noted that the current fiscal year contract
amendment, including FY 1999 performance goals, will be coming to
the City Commission for consideration in the near future and will
include all three facilities.
Mr. Ellingsworth moved to approve the bonus payment to
BJCE, Inc. as recommended by staff. The motion was seconded by
Mrs. Archer. Upon roll call the Commission voted as follows:
Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs.
Archer - Yes; Mr. Ellingsworth - Yes. Said motion passed with a
5 to 0 vote.
9.B. PARKING CONSULTANT AGREEMENT/RICHAND ASSOCIATES, INC.:
Consider approval of a parking consultant agreement in an amount
not to exceed $15,635 with Rich and Associates, Inc. to complete
a feasibility study for a parking garage east of the Intracoastal
Waterway, with funding from 001-1802-512-31.90 (Other Profession-
al Services).
Robert A. Barcinski, Assistant City Manager, stated
that the request is to approve a parking consultant agreement
with Rich and Associates, Inc. in an amount not to exceed $15,635
(including reimbursables) to complete a feasibility study for
parking east of the Intracoastal Waterway. While the study is
primarily to look at a parking garage, including costs, alterna-
tive sites and financing options, the study will also include an
updated needs analysis for both current and projected needs five
to ten years down the road. Five proposals were received and
reviewed by the staff committee, with the recommendation being to
hire Rich and Associates, Inc.
Upon question from Mayor Alperin, Mr. Barcinski stated
the time of completion for the study is three (3) months. Upon
question from Mrs. Archer, Mr. Barcinski clarified that the
studies will be done during the daytime, nighttime, weekends and
peak hours. Further, in checking the references for Rich and
Associates, Inc., they were found to be excellent. Upon question
from Mr. Randolph, Mr. Barcinski stated that as part of the study
the consultant will provide at least two to three alternative
locations in terms of best site for a potential parking garage.
Mrs. Archer moved to approve the parking consultant
agreement with Rich and Associates, Inc. in an amount not to
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exceed $15,635.00. The motion was seconded by Mr. Schmidt. Upon
roll call the Commission voted as follows: Mayor Alperin - Yes;
Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes. Said motion passed with a 5 to 0 vote.
9.C. SPECIAL EVENT REQUEST/FOTOFUSION '99: Consider a
request for special event approval for Fotofusion '99 to be held
January 19-23, 1999, including sign preparation, staff support
for banner hanging, waiver of rental fees and signage costs, and
a temporary use permit to allow the use of City right-of-way on
N.E. 2nd Avenue.
Mr. Ellingsworth moved to approve the special event
request for Fotofusion '99 as recommended by staff, seconded by
Mr. Schmidt. Upon roll call the Commission voted as follows:
Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5
to 0 vote.
Prior to roll call, Mr. Ellingsworth commented that the
annual Fotofusion event is a great boost to the City's economy
and a great draw for the entire community. Mayor Alperin noted
that this is the largest event of its type in the world and
people from all over the world come to Delray Beach for Fotofu-
sion.
9.D. SPECIAL EVENT REQUEST/10th ANNUAL DOWNTOWN ART FESTI-
VAL: Consider a request from Howard Alan Events, Ltd. for spe-
cial event approval for the 10th Annual Downtown Art Festival to
be held January 9-10, 1999.
Robert A. Barcinski, Assistant City Manager, stated
that the request is to endorse the 10th Annual Downtown Art
Festival sponsored by Howard Alan Events, Ltd. to be held January
9-10, 1999, to grant a temporary use permit for use of City
right-of-way, to authorize staff to apply for the FDOT street
closure permit, to authorize staff support for security and
barricading the street, and to permit an event sign to be erected
on Atlantic Avenue just east of 1-95 one week prior to the event.
The street closure will be on Atlantic Avenue from NE/SE 7th
Avenue east to Salina Avenue. The estimated overtime cost for
City services and barricade rental is approximately $7,500 which
will be paid by the event sponsor.
Mr. Schmidt moved to approve the special event request
for the 10th Annual Downtown Art Festival as recommended by
staff. The motion was seconded by Mr. Randolph. Upon roll call
the Commission voted as follows: Mrs. Archer - Yes; Mr. Elling-
sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr.
Schmidt - Yes. Said motion passed with a 5 to 0 vote.
9.E. SETTLEMENT/HOLLIS V. CITY OF DELRAY BEACH: Consider
settlement of the referenced matter as recommended by the City
Attorney.
Mr. Schmidt moved to approve the settlement in the
matter of Hollis v. City of Delray Beach as recommended by the
City Attorney. The motion was seconded by Mrs. Archer. Upon
roll call the Commission voted as follows: Mr. Ellingsworth -
Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes;
Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
9.F. CONTRACT AWARD TO DELTA PETROLEUM AND INDUSTRIAL, INC./
MUNICIPAL GOLF COURSE AND POLICE DEPARTMENT FUEL TANK SITES:
Consider a contract award to Delta Petroleum and Industrial, Inc.
in the amount of $53,733.00 to meet Palm Beach County Department
of Environmental Resources Management requirements for fuel tank
sites at the Municipal Golf Course and Police Station. Funding
is available from 445-4761-572-63.90 ($27,483) and 334-6112-519-
62.10 ($26,250) .
Robert A. Barcinski, Assistant City Manager, stated
that the County's Department of Environmental Resources Manage-
ment (DERM) notified the City that the gas tank systems at the
municipal golf course and Police Department do not meet rule
requirements. The necessary upgrades are required to be complet-
ed or under contract by December 31, 1998; hence, the reason the
adding this item to tonight's agenda. Mr. Barcinski briefly
reviewed the scope of work to be performed at both sites and
recommended approval of the contract award to Delta Petroleum.
Mr. Randolph moved to approve the contract award to
Delta Petroleum and Industrial, Inc. for improvements to the
municipal golf course and Police Department gas tank sites. The
motion was seconded by Mr. Schmidt. Upon roll call the Commis-
sion voted as follows: Mr. Randolph - Yes; Mayor Alperin Yes;
Mr. Schmidt - Yes; Mrs. Archer Yes; Mr. Ellingsworth - Yes.
Said motion passed with a 5 to 0 vote.
10. PUBLIC HEARINGS: None
11. Comments and Inquiries on Non-Agenda Items from the
Public-Immediately following Public Hearinqs.
ll.A. City Manager's response to prior public comments and
inquiries.
There were no responses to prior public comments or
inquiries.
ll.B. From the Public.
ll.B.1. Josh Smith, Jr., 3616 Avenue De Gien, stated that the
Delray Beach Black Citizens Coalition recently requested and
received copies of the resumes of all individuals who applied for
the recently vacated City Commission seat for the purpose of a
comparative analysis of the resumes. There were two points of
clarification that the Coalition needed that neither the City
Clerk's office nor the City Manager's office could provide, so
the consensus of the Coalition was to come to the City Commission
8
for answers. The Palm Beach Post reported that there were nine
individuals who applied for the position, but there are only six
resumes. The first question is who were the other three appli-
cants or did The Palm Beach Post err in their report. The second
question had to do with Mrs. Archer's resume where she listed
'English major' from two different colleges/universities, but did
not indicate the type of degree earned nor the date nor the
college or university received from. The Coalition ended up
calling Florida Atlantic University, the University of Miami and
the University of Florida to find out whether it was possible for
a person to declare a major without having a degree, and the
responses were "No". Therefore, the Coalition had to assume that
Mrs. Archer has a degree, although we do not know what kind nor
where from nor what date. Mr. Smith asked for a response to
these two questions.
Mr. Smith further commented that the Coalition would
implore the City Commission to fully realize the invaluable
services of the firefighters, paramedics and Police Department
with regard to their contract efforts. The Coalition was pleased
to see a short term, temporary solution with the firefighters.
Mr. Smith stated that if the City were to wake up tomorrow to
find itself without these services, he felt there would be chaos
in the City unlike any other possible. If there are any groups
that you don't want to be disgruntled, the Coalition feels that
it is those two groups.
In response, Mayor Alperin stated staff would look into
the information that was provided concerning the individuals who
expressed interest in being considered to fill the Commission
vacancy. He further stated he was not aware of any requirement
that a Commissioner have a college degree and did not feel that
would be part of the information required to seek consideration
for appointment or to run for office. As for declaring a major,
anybody on admission declares a major; whether one graduates or
not is something else, but you declare your major upon admission.
In response, Mr. Smith stated he did not have with him
the names of the individuals spoken to at the universities, but
he would call them in to the City Manager's office tomorrow. Mr.
Smith further stated the Coalition was cognizant of the fact that
it is not a requirement for a person to have a degree. The
Coalition was concerned about what the resume reflected and
whether it was inadvertently placed there or a deliberate misrep-
resentation of the actual facts. Since the resume insinuates
that Mrs. Archer has a degree, the Coalition's question was
simply whether or not she has a degree?
In response to Mr. Smith, Mrs. Archer stated that she
does not have a degree.
12. FIRST READINGS:
12.A. ORDINANCE NO. 52-98: An ordinance amending Chapter 52,
"Water", Section 52.39(H), "Fee for Maintenance of Improvements
9
within Right-of-Way", of the City Code to provide for an in-
creased fee to cover the actual cost of water consumption. If
passed, a public hearing will be scheduled for January 5, 1999.
The City Manager presented Ordinance No. 52-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 52, "WATER", SECTION 52.39, "OTHER
FEES", SUBSECTION 52039(H), "FEE FOR MAINTE-
NANCE OF IMPROVEMENTS WITHIN RIGHT-OF-WAY",
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, TO PROVIDE FOR AN INCREASED FEE
TO COVER THE ACTUAL COST OF WATER CONSUMP-
TION; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 52-98 is on file in
the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Schmidt moved to approve Ordinance No. 52-98 on
FIRST Reading, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt -
Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mr. Randolph -
No. Said motion passed with a 4 to 1 vote.
13. Comments and Inquiries on Non-Agenda Items.
13.A. City Manager.
The City Manager had no comments or inquiries.
13.B. City Attorney.
The City Attorney had no comments or inquiries.
13.C. City Commission.
13.C.1. Commissioner Schmidt stated that a resident who lives
near Military Trail had contacted him wanting to know if there
were any plans, either on the part of the City or the County, to
upgrade the landscaping in the median on Military Trail between
Linton Boulevard and Atlantic Avenue. They said they are very
disappointed with the lack of landscaping. Mr. Schmidt asked if
the City Manager could check on this and report back.
13.C.2. Commissioner Archer had no comments or inquiries.
13.C.3. Commissioner Ellingsworth wished everyone a very happy
and healthy holiday season.
13.C.4. Commissioner Randolph had no comments or inquiries.
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13.C.5. Mayor Alperin extended happy holiday greetings to all.
There being no further business, Mayor Alperin declared
the meeting adjourned at 6:55 p.m.
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u~nde r~s i~fO~R
The ' 's 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 December 8, 1998, which
minutes were formally approved and adopted by the City Commission
on O~ilJ!,~,._~; 1999
- - ~Ci~y-C~rk r
NOTE TO READER: If the minutes you have received are not com-
pleted 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.
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