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07-18-89SpMtg JULY 18, 1989 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Commission Chambers at City Hall at 7:10 P.M., Tuesday, July 18, 1989. Roll call showed: Present - Commissioner Patricia Brainerd Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - Commissioner William Andrews Also present were - City Manager Walter O. Barry and City Attorney Herbert W.A. Thiele. Mayor Campbell called the meeting to order and announced that this meeting has been called for the purpose of considering: (1) East Atlantic Avenue Bid Award; (2) CRA Appointment; (3) Appointment to the Delray Beach Housing Authority; (4) Resolution No. 44-89 supporting the Twelfth Annual "Roots Cultural Festival" to be held July 23rd through August 13th and (5) Roots Festival approval of waivers. 1. The City Manager reported that the staff recommendation is Whiteside based on the lowest competent bidder, given the past perfor- mance that the City has had with Whiteside, and the timing they are concerned about with this Fall in making sure they get the product delivered. Ms. McCarty moved for approval of the bid in the amount of $627,967.50, to Whiteside, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Mr. Weatherspoon advised he had a concern with a few things after reviewing the breakdown of the bids. One was that there were only two bids; also, in looking at some of the comparisons of the line items, he questioned the integrity of the bids when there are such differences. Among others, one in particular caught his attention relative to Pedes- trian and Vehicular Traffic Control Signalization where Weekly Asphalt bid $11,000 and Whiteside $95,000. John Walker, Project Manager, stated he could not directly answer the question as to why a given bidder bids high or low on a certain line item; a general answer that contractors will often use is that they will place their profit margins in various line items, in other words, weight certain items. Often the lump sum category is one where you would find a wider disparity than the bidders on the detail of their individual lines. Upon question he advised that as far as he could make direct comparisons, which would be with Phase I unit costs, he would say these are a fair price. He feels comfortable with the numbers presented. The City Manager commented that different companies bid differ- ent prices because they have different capabilities internally and in some cases have to hire externally. With regard to Mr. Weatherspoon's comment about having only two bidders, the City Manager advised that Hardrives is quite busy this summer and does not have the staff time. Mr. Walker added that the architect's estimate on this project was on the $715,000 level and both these bids are significantly below that. At this point the roll was called to the motion. 2. Mr. Campbell moved for the appointment of Wanda Gadson to the Community Redevelopment Agency, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Mr. Campbell - Yes; Mr. Weatherspoon - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 4 to 0 vote. (Since it was Mayor Campbell's turn to make an appointment on the rotation system, the gavel was passed to Vice-Mayor McCarty to enable him to do so.) 3. Mayor Campbell recommended the nomination of William Maher who has a business establishment in the City and comes highly recommended by the Board itself. Ms. McCarty moved for the appointment of William Maher to the Delray Beach Housing Authority, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell left the Chambers at this time and turned the gavel over to Vice-Mayor McCarty. 4. Resolution No. 44-89. Resolution No. 44-89, supporting the Twelfth Annual "Roots Cultural Festival" to be held July 23rd through August 13th, is before the Commission for consideration. The City Manager presented Resolution No. 44-89: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL FESTIVAL, INC. IN THEIR EFFORTS TO SPONSOR THE TWELFTH ANNUAL "ROOTS CULTURAL FESTIVAL" IN THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 44-89 is on file in the official Resolution Book) Vice-Mayor McCarty read the resolution. Mr. Weatherspoon moved for the adoption of Resolution No. 44-89, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 3 to 0 vote. Elizabeth Wesley, speaking on behalf of the Roots Cultural Festival, thanked the City and the Commission for their dedication in working with the festival and their support. 5. Robert Barcinski, Assistant City Manager for Community Servic- es, reported there are a number of requests along with the approval of waivers, one of which is requesting the waiver of payment of overtime except for one-half of the police overtime. There is a request for a $1,000 contribution which is in the current Special Events budget, a request for permission, as last year, to hang the Roots flags on West Atlantic Avenue, permission to place tents at the Tennis Courts and Pompey Park facility and waive the permit fee for those, and the utili- zation of City staff time and facilities at Pompey Park. He advised the estimated overtime total is a little over $11,000; the police overtime is $6,000, so the payment would be $3,000 direct to the Police Depart- ment. The Commission has been furnished a schedule of events in their packets. Upon question by Vice-Mayor McCarty regarding the Delray Affair, Assistant City Manager Barcinski stated the City charged them half-cost for all overtime (Parks and Recreation, street crew and police); their contribution from the Special Events budget was $3,000 which was paid to offset some of those costs. He advised that the Roots request is that they only pay half- cost for police, as they did last year, because of the non-profit nature of the event and their limited budget. -2- 7/18/89 Vice-Mayor McCarty stated she just wanted to make sure that they have a policy that is going to be consistent. Assistant City Manager Barcinski advised that he believes this is a policy decision that the Commission will have to make regarding profit and non-profit events. Vice-Mayor McCarty suggested placing this on an upcoming agenda for discussion so the events that would be affected will have a year to plan their budget. The Commission concurred. Ms. Brainerd moved for approval of the waivers for the Roots Festival, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Vice- Mayor McCarty - Yes. Said motion passed with a 3 to 0 vote. Vice-Mayor McCarty declared the meeting adjourned at 7:30 P.M. City -Clerk 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 18, 1989, which minutes were formally approved and adopted by the City Commission on ~ /./FP~ · 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. -3- 7/18/89