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07-31-90SpMtg JULY 31, 1990 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 6:03 P.M., Tuesday, July 31, 1990. Roll call showed: Present - Commissioner Jay Alperin Commissione~ William Andrews Commissioner Mary McCarty 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. Establish the Proposed Millage Rate for Fiscal Year 1990/91 (City Manager. The City Manager stated the proposed budget before the Commis- sion would require a millage of 7.63, the minimum recommended to be approved at this time. There are unmet needs requested by the depart- ments and, if the Commission feels any of these needs should be ad- dressed, it will be necessary to adopt a millage of more than 7.63. He requested that the Commission bear in mind that the 7.63 millage can be raised, but that would require the City to, individually, notify every property owner. The property appraiser's office must be notified by Thursday, August 2, 1990, and that figure will be used in computing the notice mailed to every property owner notifying them of what their taxes will be, if all the taxing jurisdictions adopt the proposed millages. Ms. McCarty stated there were a number of alternatives regard- ing policy issues discussed at the workshop meeting last night that could possibly give the City some cost savings, with the understanding that the City Manager would return with the dollar amount that would be involved. At this time, she takes exception to the recommended 7.63 millage, feeling this should be the maximum, but without the benefit of going into budget workshops earlier, she will go along with the 7.63 with the intention of making an attempt to lower it. Mr. Randolph stated it was his understanding that there was no intention on the part of any Commissioner at the workshop meeting last night to consider the 7.63 millage as a minimum, but rather a maximum. Mayor Lynch stated he would like to clarify that there are three items that substantially affect the budget. The insurance defi- cit, which is a carryover from last year amounting to approximately $326,000; the agreement in the Union Contracts, which calls for an increase in salaries in the amount of $1,969,000 and the debt service from the Bond Issue which was passed by the citizens last November will add about a $3.1 million increase in the budget before anything else is considered. There are three budget meetings coming up and everyone will work hard to try to cut this amount, but he feels staff has done an excellent job to this point. At this stage he would support the 7.63 millage as the maximum amount. Dr. Alperin moved to submit a 7.63 maximum millage rate propos- al, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 2. Easement Agreement - City of Delray and Delray Beach Yacht Club - 16" Water Main. The City Attorney stated this agreement is before the Commis- sion because it is a matter of urgency. There is a 16" water main which will be the key to improving water service on the beach side. The. Utilities Department, in conjunction with Post Buckley, did research to establish the best location and recommended that it go across the Delray Beach Yacht Club property. An Agreement has been drafted between the City and the Delray Beach Yacht Club for the location of that easement. The original site plan was approved April 25, 1989, allowing them 18 months to vest by completing 25% of their improvements. The Delray Beach Yacht Club would like a five-year extension of the Site Plan approval until August 1, 1995, allowing time for them to vest. This is in the new Comprehensive Plan and there is no problem with it or the proposed LDR. The City Attorney stated that Southern Bell was a tag-a-long on the easement agreement, but they are not a party to this Agreement. The water main will either go underneath or through the seawall, requiring the City to replace/repair the seawall for that portion of the easement. He also stated there are a few other minor changes and modifications. Mr. Randolph questioned the estimated cost and from where the funding will be supplied. Mr. Greenwood, Director of Public Utilities, stated the cost of the entire project will be approximately $600,000, with funding from Transmission Sewerage Fees. The City Attorney stated this requires an emergency waiver of Section 173.868(B) (1) requiring site plan extensions to be reviewed with a recommendation of the appropriate extension via the Planning and Zoning Board. Ms. McCarty moved to waive Section 173.868(B) (1) due to special circumstances, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin moved for approval of the Agreement with the Delray Beach Yacht Club, as presented, with the emergency amendment, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. -2- 7/31/90 3. Settlement Offer - Nurmi vs City of Delray Beach in the Amount of $28,500, Plus Costs. The City Attorney stated this case involves a slip-and-fall incident on one of the City sidewalks, in which the Jury awarded a judgement in the litigation in the amount of $28,500, plus costs, in the amount of $4,150 which were incurred by the plaintiff. The City Attor- ney filed a Notice of Appeal and a mediation is scheduled for August 6th. The City has been unsuccessful in attempting to settle the case, and due to the fact that the two witnesses for the City have since moved away, it is felt to be in the best interest of the City to settle this case. Ms. McCarty moved for approval of the settlement offer in the amount of $28,500, plus costs, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 4. Settlement Offer - Kilper vs City of Delray Beach in the Amount of $2,500. The City Attorney stated this case involved an allegation that Mr. Kilper was injured by a former Police Officer, who is no longer employed by the City. The plaintiff made an offer at mediation, to settle the case, in the amount of $2,500. The trial is scheduled for August 20th. Dr. Alperin moved for approval of the settlement offer, second- ed by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 1 vote. 5. Award of Bid #90-68 - Community Development Block Grant Program Housing Rehabilitation Program - MJD Construction Services in the Amount of $12,042.45 with Funding from Account No. 118-1963-554-60.23. (302 N.W. llth Avenue). The City Manager stated this is in regard to the rehabilitation of a house at the above address. There were several responses and the bid was awarded to the lowest bidder. Upon question by Mayor Lynch concerning a discrepancy between the lowest bid in the amount of $11,469 and the $12,042.45 that is being requested, Lula Butler, Director of Community Improvement, advised that the difference represents a contingency amount, which is five percent of the bid, that is added to the Contract. If this is not used, it is returned to the CD Fund account. Mr. Andrews requested a copy of the work specifications for review. Mr. Andrews moved for approval, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. -3- 7/31/90 The City Manager requested direction from the Commission regarding Spady School and the future appearance as it is viewed from the road. It is his opinion that it might be very effective, upon making a presentation, if a projected picture could be shown with the struc- tures moved toward the road. Gee and Jensen have been contacted and have advised us that they would be able to generate it through computer graphics. They could assemble a series of slides at a cost of approxi- mately $2,000. Considering the issues being faced by the City, he feels it would be money well spent. Following discussion whereupon all concerns were discussed, including possible funding sources, the Commission concurred. Mayor Lynch declared the meeting adjourned at 6:40 P.M. City Cl~rk~ / 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 July 31, 1990, which minutes were formally approved and adopted by the City Commission on (l-~~ /~i /~ ' / City Cler~ / 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. -4- 7/31/90