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09-17-91 SEPTEMBER 17, 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 11:47 A.M., Tuesday, September 17, 1991. 1. 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 Assistant City Attorney Susan Ruby Mayor Lynch called the meeting to order for the purpose of considering the following: A.1. Award of Bids and Contracts. Sabal Palm Relocation - Golf Course - Hanley Landscaping, Inc. in the amount of $18,850 with funding from Decade of Excellence Bond Issue Municipal Golf course (Account No. 225-4762-572-60.69). Account balance $52,666. City Manager recommends approval contingent upon the findings and recommendations of the golf course improvements consultant. At this point Mr. Andrews arrived. In reply to Mr. Mouw, Assistant City Manager Robert Barcinski stated the trees are being donated by Mr. William Swaim from his prop- erty on Palm Trail, north of N.E. 8th Street. In reply to Mr. Randolph, Mr. Frank Meroney, Environment Design Group, West Palm Beach, stated the original bid estimate for moving the trees was $20,000 - $23,000. No performance bond was required by the City. Dr. Alperin moved approval to award the bid to Hanley Landscap- ing, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. A.2. Landscape Improvements Holes 2 and 16 - Golf Course - Rainbow Landscaping in the amount of $25,948 with funding from Decade of Excel- lence Bond Issue Municipal Golf course (Account No. 225-4762-672-60.69). Account balance $33,816. City Manager recommends approval contingent upon the findings of the golf course improvements consultant. Mr. Mouw moved approval of the bid award for landscaping, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. B. Terms and Conditions of Employment - Police Chief. The City Manager stated there are three paragraphs which contain provisions that need to be approved by the City Commission: Paragraph No. 6 - Advancing ten (10 ) days of sick leave and ten (10) days of vacation so that the new chief can start out with that much credit in his account for sick and vacation time; Paragraph No. 10 - The moving expenses will require at least two (2) bids with the City paying the low bid costs; the City will also pay temporary living expenses, up to a maximum of six (6) months and $2500. Paragraph No. 12 - The employment will be for an initial term of three (3) years. During this term, if he were to be dismissed for any reason other than misconduct, he would be entitled to six (6) months of severance pay, and it allows for further extensions beyond the three (3) year. period. The extensions are three (3) year renewals subject to the same conditions set forth. Mayor Lynch stated he had a problem with severance as noted in Paragraph No. 12, and that he would be concerned with setting a pre- cedent in this regard. The City Manager stated the contract is dependent upon this severance clause. Dr. Alperin felt he would go along with the severance for the initial three years, then dissolve it. Mr. Mouw feels six (6) months is reasonable; however, by the end of three years there should be a comfort or security level and severance would be inappropriate after the initial contract period. Mr. Randolph stated he felt that with respect to severance, if the City would go with a three (3) year initial term, then the City should not exceed more than one month of severance for each year of employment, or a maximum of three (3) months under any circumstances. Mr. Andrews stated he was hoping for a positive relationship and the contract would be extended if the job is being done properly. Mayor Lynch stated there needs to be a flexible agreement to negotiate with and he is willing to go along with the step-down sever- ance agreement. Direction was given to the City Manager to negotiate this contract as best as possible. -2- ~-17-91 Dr. Alperin moved to accept the concepts presented, with the caveat that the severance clause be negotiated through the City Manager in accordance with the expressed intent of the Commission, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - No; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. Mayor Lynch suggested the City Manager acknowledge the job performed by Rick Lincoln; he has shown excellent performance in the past year. C. Driveway Issue N.E. 1st Avenue - Craiq's Furniture. Assistant City Manager Robert Barcinski stated Craig Furniture representatives were somewhat distressed at the fact that the contract design blocked what was previously regarded as a driveway entrance into the furniture parking lot and requested other alternatives be con- sidered. Mr. Barcinski presented a video of the original design and an alternative design. Mr. Andrews stated there should be a written agreement for the use of the parking lot when it is not being used by Craig Furniture customers. Dr. Alperin moved approval of Option #4 contingent upon the obtaining of a written agreement with the owner's of Craigs Furniture for use of their parking lot for Old School Square overflow parking during nonbusiness hours, seconded by Mr. Randolph. Upon roll call the Commission 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 12:30 P.M. City C~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 meeting of said City Commission of September 17, 1991, which minutes were fQrmally~ approved and adopted by the City Commission on .~,_~_ L~? ~., 1~1 - - ~ Cify- ~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.