01-05-93SpMtg JANUARY 5, 1993
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 First Floor Conference Room at City Hall at 6:05
p.m., on Tuesday, January 5, 1993.
Roll call showed:
Present - Commissioner Jay Alperin
Commissioner Ken Ellingsworth
Commissioner Armand Mouw
Commissioner David Randolph
Mayor Thomas E. Lynch
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Jeffrey S. Kurtz
Mayor Lynch called the meeting to order and announced
that this meeting has been called for the purpose of considering
the following:
1. Agreement with Delray Beach Housing Authority for
Police Services ak Carver Estates. The Commission is to consider
an agreement with the Delray Beach Housing Authority to allow the
City's Police Department to continue the operation of the substa-
tion at Carver Estates.
The City Manager stated that the City has, for some
time, provided additional police coverage at Carver Estates and
this agreement is in the nature of a renewal. The Department of
Housing and Urban Development has given them a grant to help fund
part of this and, because the old agreement has expired, HUD has
frozen their funds. Upon approval of the agreement by the City,
the funds will be released.
Discussion followed on the increased cost to the City
to provide these services and the fact that the HUD grant will
not correct that situation. Mr. Robert Federspiel, counsel for
the Housing Authority, advised that the grant is funded through
August of 1993, although the funds are frozen at this time. If
the agreement is not approved, then the grant would be terminated
as to the monies which are currently funded to help pay for the
patrols through this coming August. The agreement before the
Commission is short-term through August 31, 1993, at which time
the situation will have to be revisited.
Mr. Ellingsworth moved approval of the Agreement with
the Delray Beach Housing Authority for Police services at Carver
Estates through August 31, 1993; seconded by Dr. Alperin. Upon
roll call, the Commission voted as follows: Mr. Mouw - Yes; Dr.
Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
Lynch - Yes. Said motion passed with a 5 to 0 vote.
Request for financial contribution for costs associated
with installation of sculpture at 640 East Atlantic Avenue. The
City Attorney stated that if the Commission deems this request
appropriate, it would be his suggestion that the Community Rede-
velopment Agency (CRA) or the Chamber of Commerce would be the
more appropriate agencies to contact for funding in view of their
role in encouraging businesses in the downtown area.
After discussion, it was the consensus of the Commis-
sion that while they would not be in favor of funding this re-
quest with public money, they would encourage this type of dis-
play and would work with the owner on any waivers which may be
necessary to accommodate the sculpture; funding, however, should
more appropriately be pursued through the CRA, DDA, Chamber of
Commerce and other sources.
Water Service Agreement for proposed Discount Auto
Par~ S%0r9 on West Atlantic Avenue, The Commission is to con-
sider approving a water service agreement for a proposed Discount
Auto Parts store on West Atlantic Avenue (north side, across from
Barnett Bank).
The City Manager stated that the subject property is in
the County; the manner in which it is proposed to be developed is
in accordance with County zoning, but not City zoning. The
developer should get utility service from the City, but is not
willing to annex into the City given the City's Land Use Plan and
the need for a Land Use Plan amendment and so forth and have no
assurance that that would be forthcoming. He further stated that
the property should, ultimately, be annexed to allow for orderly
annexation in this area; however, the developer is requesting and
staff recommends that a water service agreement be entered into
where the City would provide the utility service and then the
property would be annexed after it is developed. Under the terms
of the water service agreement, the development plans would have
to be reviewed and approved by the City, so there would be some
control over how the site is developed in a physical sense, but
not in terms of the use.
On question from Mayor Lynch, the City Manager advised
that the County has indicated that they will issue a permit to
the developer to install a well should the City refuse utility
service, and development would proceed on a well and septic
system. A decision one way or the other from the Commission is
what is needed at this time.
Discussion followed on the proposed use of the property
(retail commercial) and its inconsistency with the City's Future
Land Use Map. David Kovacs, Planning Director, noted that the
site is located between an auto repair facility and a medical
center off of a road which is off of an arterial highway, and
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that if the City can get the property developed per our stan-
dards, the proposed use is probably as desirable a use as we may
get at this location under the circumstances.
At this point, Mr. Kovacs asked the applicant's repre-
sentative, Mr. Christopher D. Rieder, of Conklin, Porter and
Holmes - Engineers, Inc., if he was familiar with the recommended
action that the water service agreement be entered into, the
review process by the City, with annexation to occur after occu-
pancy through the County?
Mr. Rieder stated that the applicant does not have a
problem with annexing into the City; the fact that they were told
they would not be allowed to build the proposed development in
the City is what stopped them from doing so. He stated that they
have received site plan approval from the County and are ready to
start building, and asked how long it would take to go through
the City's review process. The City Manager and Planning Direc-
tor both advised that the site plan review process can be accom-
plished quickly, provided the necessary plans and drawings are
provided in a timely manner.
Dr. Alperin moved to approve the standard water service
agreement for Discount Auto Parts, with the annexation clause to
take effect just after the issuance of occupancy permits by the
County; seconded by Mr. Ellingsworth. Upon roll call, the Com-
mission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth -
Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said
motion passed with a 5 to 0 vote.
4. Award of Contract: Temporary Sea~ing for T~nni~ TQUr-
nament. The Commission is to consider the award of contract for
temporary seating for the upcoming tennis tournament.
The City Manager noted the two bids which had been
received (from Specialty Bleacher Co. and T&B Equipment Co.,
Inc.); the third vendor did not bid.
Digby Bridges, architect for the project, reported on
the background relative to the temporary seating, the efforts
which were put into getting the proposals which were received,
and the reasons why the cost is much higher than the original
estimates (e.g., larger aisle width, extra aisle, additional fire
code requirements).
After discussion, Mr. Mouw moved to award the contract
to T&B Equipment Co., Inc., with direction to staff to negotiate
some type of guarantee of delivery with the vendor. Mr.
Ellingsworth asked if Mr. Mouw would add to his motion that
should the tournament not occur in future years, that the con-
tract would be cancelled, on the premise that we would not want
to commit to a five year contract to put up bleachers if we don't
have a tournament. Mr. Mouw amended his motion to include that
provision. The motion was seconded by Mr. Ellingsworth.
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Dr. Alperin expressed concern that the cost has been
escalating tremendously for the temporary seating and asked if
the costs had been looked into to construct permanent seating?
The architect advised that it would cost somewhere between
8800,000 and $1,000,000 to build 5,000 more permanent seats. The
City Manager advised that one of the things which had been looked
at was the possibility of having permanent stairways and then
only putting up the seating. If we're paying $22,500 per year
for stairways, a permanent structure could be amortized fairly
quickly at that rate, but it could not be done this year; it is
something that could be looked at in the future. Discussion in
this regard followed. The City Attorney then advised that with
the direction he was hearing from the Commission as to the possi-
bility of permanent seating, that staff be authorized to negoti-
ate with T&B, or both vendors, to see if a deal could be reached
which would allow the City more flexibility, with the understand-
ing that this increased flexibility is going to cost. In view of
this, Mr. Kurtz asked that the matter be deferred to a special
meeting to be held after staff has obtained more information in
this regard.
At this point, Mr. Mouw withdrew his standing motion;
Mr. Ellingsworth withdrew his second.
Mr. Randolph commented that since a significant portion
of the dollars appears to be tied up in labor costs, he will have
a problem if the contractor uses out-of-state labor as opposed to
local labor. Discussion followed. The City Attorney stated that
staff would find out more about the firm's labor situation and
would report back to the Commission with facts rather than specu-
lation as to what labor forces they would prefer to use.
Mr. Mouw then moved to direct staff to negotiate with
T&B Equipment Co., first, in order to try to achieve a proper
contract, including the escape clause which has been discussed in
view of the possibility of building permanent parts of the stadi-
um, or the whole stadium, in the future; and inclusive of the out
clause should the tournament not occur in the future; with the
suggestion that the contractor attempt to use local labor, but no
mandate in the contract that local labor must be used. Dr.
Alperin seconded the motion. Upon roll call, the Commission
voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - No;
Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said
motion passed with a 4 to 1 vote.
The City Manager indicated that a special meeting to
address the award of the contract would be called as quickly as
possible.
Mayor Lynch declared the special meeting adjourned at
7:00 p.m.
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.... ~it~i-~rk' ~
ATTEST:
The undersigned is the City Clerk of the City of Delray
Beach, Florida, and that the information provided herein is the
minutes of the meeting of said City Commission of January 5,
1993, which minutes were formally approved and adopted by the
City Commission on QO~flog~l~ /9q.~ .
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 min-
utes as set forth above.
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