04-20-93SpMtg APRIL 20. 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 6:00
P.M., Tuesday, April 20, 1993.
1. Roll call showed:
Present - Commissioner Jay Alperin
Commissioner David Randolph
Commissioner Barbara Smith
Mayor Thomas E. Lynch
Absent - Commissioner Ken Ellingsworth
Also present were - Assistant City Manager Robert A.
Barcinski and
City Attorney Susan A. Ruby
Mayor Lynch called the meeting to order and announced
that the meeting had been called for the purpose of considering
the following:
1, Proclamation - National yQuth $~rvi¢$ Day - April ~O..,
1993.
Mayor Lynch noted the proclamation in recognition of
"National Youth Service Day" on Tuesday, April 20, 1993, urging
all area youth to become involved in their cities and help build
a brighter tomorrow. The Mayor stated that the proclamation will
be forwarded to the requesting party.
Commissioner Randolph left the room prior to considera-
tion of the following item.
2. City of Delray Beach v. Young Mgn'~ proqres$iv~ Club,
et al: Settlement of Attorney's Fees and CQsts,
The City Attorney stated this is a case in which the
jury set just compensation for the property at $60,000. The City
is therefore responsible for attorney's fees. The attorney's
fees were originally in the amount of $15,160.00. Additional
costs include $3,125.00 for appraisal fees and a court reporter
charge of $55.00. Bill Doney, of Vance and Doney, P.A., repre-
senting the City, has spoken with the attorney representing the
Young Men's Progressive Club, and he has agreed to adjust his
fees downward to $10,000.00. Ms. Ruby recommends the Commission
accept the offer of settlement.
Dr. Alperin moved for approval of the settlement offer
as outlined by the City Attorney; seconded by Mrs. Smith. Upon
roll call the Commission voted as follows: Mrs. Smith - Yes; Dr.
Alperin - Yes; Mayor Lynch - Yes. Said motion passed with a 3-0
vote.
Commissioner Randolph returned to the room.
$, Aqreement with Highland Beach.
The Assistant City Manager stated the Commission had
discussed this item at the April 13th regular meeting. Changes
which were recommended by the City Attorney were incorporated and
Paragraph 16.(a) was added which deals with annual service fee
adjustments.
In response to a question from Mayor Lynch, the City
Attorney stated paragraph 16.(a) would apply to adjustments made
to offset increased costs caused by an administrative decision by
the Department of Revenue, a judicial decree or a settlement of
an actual lawsuit.
Mayor Lynch stated the Commission's concern is if the
price for the employees costs go up greater than the CPI listed
in the agreement how is the City protected. Even with the new
paragraph it still seems that no option is given to increase the
annual service fee because of union negotiations.
The City Attorney stated, in speaking with the City
Manager about the agreement, they did not think Highland Beach
would enter into the agreement with that provision; and secondly,
the Manager thought the CPI would be adequate protection.
Mayor Lynch inquired if there was any room in the
administration portion where the proposed provision could be
added. He also inquired with regard to Pages l0 and 11 if the
City was expecting a 7% increase in fringe benefits in one year.
At this point there was discussion with regard to the
need to approve the contract at this meeting.
Mayor Lynch stated he would like the following ques-
tions addressed:
(1) Will the CPI take care of the inflationary trends
and benefits?
(2) Why is there a seven percent difference between
the fringe benefits on Page 10, Item Number 4 and Page Il., Item
Number 3?
Dr. Alperin moved to postpone this item until the April
27, 1993, regular meeting; seconded by Mrs. Smith. Upon roll
call the Commission voted as follows: Dr. Alperin - Yes; Mr.
Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion
passed with a 4-0 vote.
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Change Order No. 1 to Contract with Dutch Construction
Company. Inc. in the amount of $42.908 for miscellaneous changes
requested by the City and architect: with fudging from 1992 Bond
Anticipation Note - Redevelopment of Veteran's Park (Account Hoc
227-4126-$72-61.63).
The Assistant City Manager stated the details on the
changes were provided in the backup material. Staff has thor-
oughly reviewed the request and feels these are legitimate chang-
es.
Discussion ensued regarding several elements of the
change order.
Dr. Alperin inquired as to the anticipated cost for
Phase II of this project and the funding source. Joseph Safford,
Finance Director, stated he is showing $200,000 available for
Phase II in the Capital Improvement Plan from the Decade of
Excellence Bond Issue.
Dr. Alperin moved for approval of Change Order No. 1
for Dutch Construction Company; seconded by Mr. Randolph. Upon
roll call the Commission voted as follows: Mr. Randolph - Yes;
Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said
motion passed with a 4-0 vote.
At this point, Mayor Lynch noted a fifth item had been
added to the agenda as follows:
5. Service Authorization No. 16B tO the Contract with
Post. Buckley. Schuh and Jernigan. Inc. in th9 amQun~ Qf $9.975,
for inspection services in conjunction with the 1/2 Million
Gallon Elevated Storage Tank project; with fun~ing frQm R~D~ir
and Replacement Rehabilitation 1/2 Million Gallon Elevated Stor-
age Tank (Account No. 442-5178-536-61.79}.
The Assistant City Manager stated in the negotiations
with Post, Buckley, Schuh and Jernigan, (PBS&J) Inc. and Dees
Construction Company, PBS&J had agreed to provide inspection
services through the contract completion date, fee gratis. The
contractor is continuing work past the contract completion date
and inspection services are required. Staff is not equipped to
do these type of inspections and he is concerned about future
liability if not inspected. There may be an opportunity to
recover some of the costs from the contractor.
Mayor Lynch inquired if the original specifications
with PBS&J included a provision for final inspection services.
In response the City Attorney stated the original contract proba-
bly did; but this is re-work that needed to be done. She can
look at the contract and evaluate whether the City can apply the
cost for this work to that provision.
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Mayor Lynch recommended a caveat be added that the City
Attorney and Assistant City Manager search the original specifi-
cations to see if the inspection services can be built into the
original contract.
Dr. Alperin moved approval of Service Authorization No.
16B with the caveat added by Mayor Lynch; seconded by Mrs. Smith.
Upon roll call the Commission voted as follows: Mayor Lynch -
Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes.
Said motion passed by a 4-0 vote.
Mayor Lynch declared the special meeting adjourned
at 6:25 P.M.
City ~erk ~
ATTEST:
The undersigned is the City Clerk of the City of Delray
Beach and that the information provided herein is the minutes of
the special meeting of said City Commission of April 20, 1993,
which minutes w~ere formally approved and adopted by the City
Commission on ~~ ~7~ J 99~ ·
~City ~lgrk'
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.
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