07-16-91SpMtg JULY 16, 1991
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 6:10 P.M., Tuesday, July 16, 1991.
Roll call showed:
Present - Commissioner Jay Alperin
Commissioner William Andrews
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 this
meeting has been called for the purpose of considering the following:
1. Declare an Emergency and Award a Bid to Edwards Electric. The
C'ommission is to consider declaring an emergency and awarding a bid to
Edwards Electric for the installation of a hard-wired 2,000 amp circuit
and heat and smoke detectors in critical areas of the Old Water Treat-
ment Building in the amount of $10,000 with funding from Water and
Sewer/Equipment Replacement Program (Account No. 442-5178-536-61.76).
Mr. Mouw moved to award the bid to Edwards Electric to replace
the electrical work at the Water Plant under an emergency condition,
seconded by Dr. Alperin. Upon roll call the Commission voted as fol-
lows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Ran-
dolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote.
2. Declare an Emergency and Award a Bid to Insituform. The
Commission is to consider declaring an emergency and awarding a bid to
Insituform to install a fiber glass liner through 391 lineal feet of
12-inch sanitary sewer line along Andrews Avenue between Lowry Street
and Beach Drive, in order to abate salt water intrusion and to avoid a
possible collapse of the roadway, in the amount of $24,721.75 with
funding from 1991 Water and Sewer Revenue Bond/Manhole Rehabilitation,
Replacement, Repair (Account No. 447-5169-536-60.31).
Dr. Alperin moved to declare an emergency and award the bid to
Insituform, seconded by Mr. Andrews. Upon' roll call the Commission
voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph -
Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to
0 vote.
3. Award the Bid for Intersection Improvements. The Commission is
to consider an award of bid for intersection improvements at S.W. 4th
Avenue and S.W. 10th Street to Pavex Corporation in the amount of
$166,061 with funding from General Construction Fund (Account No.
334-3141-541-60.62). Account balance $343,610.
Mayor Lynch expressed concern at the amount involved for an
interim solution. The City Manager advised that the City has an Agree-
ment with the School Board that the signal will be in place at the
commencement of this school year and he feels the City should honor that
Agreement.
Mr. Randolph moved to award the bid to Pavex Corporation in the
amount of $166,061, seconded by Dr. Alperin. Upon roll call the Commis-
sion voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor
Lynch - No; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with
a 4 to 1 vote.
4. Approve the Retention of Outside Counsel. The Commission is to
~onsider the retention of outside counsel, Robin Fawcett, to represent
the City Manager, David Harden, in the Ritchason versus the City of
Delray Beach matter.
The City Attorney stated he is recommending that Robin Fawcett,
a partner with Shutts and Bowen from Orlando, be retained to represent
the City Manager in this matter. Glen Torcivia is the attorney that has
been selected to represent the City. The City Attorney stated he would
like the Commission to be aware of the fact that there is a potential
conflict of interest with respect to Mr. Fawcett. It is his opinion
that it is not material. The attorney representing Ms. Ritchason is G.
Ware Cornell, whose wife is a partner with Shutts and Bowen, the same
firm Mr. Fawcett is with; however, she is located in a Miami office,
working as an appellate attorney. Mr. Fawcett has assured the City that
complete segregation of the file has been maintained. The City Attorney
recommends retaining Mr. Fawcett at the rate of $150 per hour.
Mayor Lynch stated he feels, sometime in the future, it would
be a good idea if the Commission could be informed as to the fees
involved for outside attorney costs the City has on each ongoing case.
Mr. Andrews moved for approval of Robin Fawcett to represent
the City Manager, seconded by Mr. Randolph. Upon roll call the Commis-
sion voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw
- Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a
5 to 0 vote.
Mayor Lynch declared the meeting adjourned at 6:20 P.M.
J Ci{y ~lerk !
ATTEST:
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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 July 16, 1991, which minutes were formally
approved and adopted by the City Commission on Q(,0,, ~ I~1 ·
Ci~ty ~lerk
NOTE TO READER:
If the minutes that you have received are not completed as indicated
above, then this means that these are not the official minutes of 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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