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09-20-94SpMtg SEPTEMBER 20, 1994 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, September 20, 1994. Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Barbara Smith Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby Mayor Lynch called the meeting to order and announced that this meeting has been called for the purpose of considering the following items: Prior to commencement of the meeting, Dr. Alperin requested that a fourth item be added to the Special Meeting agenda regarding the SCRWTD Board meeting scheduled for Thursday night. Mr. Ellingsworth moved to approve the agenda, as amend- ed, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 1. Funding and use agreement - Palm Beach County Tennis Agreements for $1.4 million in extra seating and County use of the Tennis Facility. The City Attorney stated there are two agreements; one is the funding agreement wherein the County will provide $1.4 million dollars in tax revenues for the expansion of the seating for the Tennis Center, which will be paid back over a three-year period; the second agreement is a use agreement, which is also incorporated into the funding agreement. This is a ten-year agreement allowing Palm Beach County or the Sports Commission to designate three events per year, not to exceed fourteen days for County/Sports Commission-sponsored events. The Sports Commission nor the County will pay for the use of the facility itself, but will pay actual costs for services provided by the City for the holding of any event. The City Attorney advised that originally Palm Beach County and the Sports Commission had set forth a policy wherein they had first priority to the scheduling of the stadium. The City was able to work with them in January and June, six months in advance of the time when the stadium would be used, in order to work out schedules in the event of a conflict. The event having priority would be one that would have the greatest impact on tourism. The County or the Sports Commission would pay for security provided by Delray Beach Police officers for any event; also included in the contract are the typical indemnification and insurance requirements. Dr. Alperin questioned if there is a potential for a conflict with Liddun International. The City Attorney responded that the entire contract is subject to the agreement. The City Manager advised that what the Liddun contract actually provides is that no other tournament can be held unless Liddun approves it. Upon question by Mayor Lynch, the City Attorney stated that requirement is protected in the Use agree- ment, stating that "the scheduling of any event is subject to the restrictions or limitations as contained within the franchise agreement". Mr. Ellingsworth moved approval of the contract with Palm Beach County for funding and use of the Tennis Facility, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 2. Golf Course rate structure. Mayor Lynch announced that the proposed policy and rate changes from Mr. Dubin is before the Commission for consideration. The City Manager pointed out that the rates for prepaid fees are not changing. In addition, there will be no charge for locker rentals for the remainder of the fiscal year. Mrs. Smith moved approval of the proposed policy and rate changes for the municipal golf course, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 3. Request from Joint Venture/Old School Square for Vi- sions of Perfect Harmony festival October 15, and funding. The City Manager stated the City is being asked to endorse the event. They would like to use Atlantic Avenue for the parade and the east side of the Tennis Center parking lot off -2- 9/20/94 Atlantic Avenue for food booths, craft booths and the use of the tennis stadium for entertainment. They would like City staff assistance in traffic control for the parade, barricade instal- lation, street and parking lot cleanup, trash removal and police security. They would like N.W. 1st Avenue closed from Atlantic Avenue to the north end of the tennis center for booths and pedestrian traffic. They are also requesting a waiver of overtime involved, which is estimated to be approximately $2,500. The City Manager advised that for the Street Party Blues Fest, they would like to use Atlantic Avenue between Swinton Avenue and N.W. 1st Avenue, again with City staff assis- tance as outlined above. Mayor Lynch questioned if they are willing to pay regular wages, as opposed to overtime pay. The City Manager responded, only to the extent that the City is able to reassign employees to meet their needs so there is no out-of-pocket cost to the City. The City Manager pointed out that the City has attempt- ed to split overtime costs with the idea of eventually having people absorb it. The difficulty that arises is due to new events that are created that have no source of funding. Mr. Ellingsworth asked the City's position with regard to the serving of alcohol. The City Attorney stated she is not sure that it would be allowed; but, she feels it would be a good idea for them to have some "Special Event" insurance. It would also be their responsibility to obtain the necessary permits to use alcohol on a temporary basis. The City Manager stated that he feels the Visions of Perfect Harmony event is something for which the City should provide overtime support. However, he has some difficulty with the Street Party Blues Fest. Mr. Randolph moved approval of support of Visions of Perfect Harmony with the requested five items and support of the first two items requested by the Street Party Blues Fest, second- ed by Mr. Ellingsworth. Dr. Alperin suggested that, in the future, the City requests that these organizations absorb the overtime. Mayor Lynch recommended that the alcohol indemnification issue be incorporated into the motion. Mr. Randolph amended his motion to include the request for absorbing the overtime pay and the alcohol clause, as devised by the City Attorney; Mr. Ellingsworth amended his second. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. -3- 9/20/94 4. SCRWTD Board. Dr. A1perin requested that the press attend the joint sewer board meeting with Boynton Beach and that they contact their Boynton colleagues from the press. He feels political abuse and cronyism is being experienced from the press at the expense of the citizens of Delray Beach and Boynton Beach and he would like the public to be made aware of it. Mayor Lynch announced that this meeting is scheduled for 5:30 p.m., Thursday, September 22, 1994, at the Regional Wastewater Plant on Congress Avenue, just north of Lake Ida Road. There being no further business, Mayor Lynch declared the Special Meeting adjourned at 6:20 p.m. ~ Cit'yv ~-~e~k ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of September 20, 1994, which minutes were formally approved and adopted by the City Commission on _ / c~ity Cfer~ ~ NOTE TO READER: If the minutes that you have received are not completed as indi- cated above, then this means that these are not the official minutes of the City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions or deletions to the minutes as set forth above. -4- 9/20/94