06-17-88SpMtg JUNE 17, 1988
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 4:20 P.M., Friday, June 17, 1988.
Roll call showed:
Present - Commissioner Patricia Brainerd
Commissioner Marie Horenburger (Arrived 4:30 P.M.)
Commissioner Mary McCarty
Commissioner Jimmy Weatherspoon (Arrived 4:35 P.M.)
Mayor Doak S. Campbell
Absent - None
Also present were - City Manager Walter O. Barry and
Assistant City Attorney Jeffrey S. Kurtz
Mayor Campbell called the meeting to order and announced ~hat
this meeting has been called for the purpose of considering (1) Awar~ of
Addendum No. 3 to the agreement between the City and CH2M Hill i~ an
amount not to exceed $287,000 to provide for engineering design~and
construction services related to the installation of airstripping
technology in order to purify t.he water from the City's contaminated
wells; (2) Finalization of agreement between the City and Procacci
Development Corporation re Auburn Trace Housing; (3) Public Hearing on
leasing certain property and entering into an Agreement between the
City, Delray Beach Historical Society and Old School Square for use of
Cason Cottage; (4) Award of Contract for the Atlantic Avenue Beautifica-
tion Project to Charles S. Whiteside Inc., in the amount of $1,500,000.
3. The City Manager reported the agreement has been revised and
advertised; the City has received no other proposals for use of the
Cason Cottage. The draft before the Commission is ready for approval
with one technical change. Throughout the body of the agreement the
word " ' "
Foundation appears; the foundation is not a foundation, rather
it is a corporation, so that should be Old School Square, Inc.
Ms. Brainerd moved to approve the Cason Cottage lease, seconded
by Ms. McCarty. Upon roll call the Commission voted as follows: Ms.
Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion
passed with a 3oto 0 vote.
Before roll call the following discussion was had:
The City Manager introduced Marylou Strollo who has been
selected by Old School Square as Executive Director in charge of admin-
istrative activities and fund raising, as the art and cultural facili-
ties evolve.
At this point the roll was called to the motion.
4. The City Manager stated he understood the Commission wanted
this item back on the agenda to determine whether a change in the
contract needed to be made with regard to the street lighting. Subse-
quent to that they have done some analysis and review of the questions
that were raised. He advised the difference between the FP&L proposal
and the City-owned street lights would amount to appzoximately $6,000
per year. The cost for the lights themselves (bulbs, installation) is
$140,000 in the Whiteside contract whereas FP&L had estimated $127,000,
which is of limited significance when you consider the visual impact of
the lights the City has selected. The ongoing costs will be $2100 per
month for our lights and $1500 to $1600 per month for the FP&L lights, a
difference of approximately $500 per month. The City Manager advised he
felt the $5,000 or $6,000 differential per year is well worth the
aesthetic improvement that the lower acorn light will have.
Hugh Clinton, who has been working with the engineering staff
in this regard, advised that FP&L is almost giving the City their lights
for nothing. After reading the report from Visions 2000 and the fact
that they estimate spending in excess of $40,000,000 over the next few
years, it is his position that the City cannot afford that. Priorities
become very important and when you start wasting a quarter or half a
million dollars here and there, it is money that should be used some-
where else for something more advantageous.
Upon question by Ms. Brainerd, the City Manager advised that
all of the numbers that they are working with can't possibly be known by
everyone else since it is staff work. Ms. Brainerd asked that the
Commission be furnished with a picture of the FP&L light and a line
item of the dollar amount and a picture of the light the City chose and
a line item on that. Discussion followed with regard to the design
selected.
Ms. McCarty asked for a report in the Commission packet for
their review.
The City Manager withdrew the item from the agenda since no
further action is required at this time.
Commissioners Horenburger and Weatherspoon arrived at ~his
time.
1. Assistant City Attorney Kurtz reported there has been a t~po-
graphical or math error; the actual amount the Commission is to consider
is $341,170, the difference being in the scope of the work. The servic-
es during construction will actually total about $297,000 and then there
is another $45,000 for ground water and treatment system monitoring;
this is contained in Option #2 of the Commission package. He advised
this covers detailed final design of the system, engineering services
during construction, permitting and ground water and treatment system
monitoring after completion of the project. The total is $341,170, the
labor cost is $228,920 and the expenses $52,250; these are estimates and
are not-to-exceed amounts.
Mayor Campbell stated that naturally they are somewhat con-
cerned when there are points raised by Post Buckley.
The City Manager read from the Director of Public Utilities
memo, which was furnished the Commission, explaining the differential
between the Post Buckley numbers and CH2M Hill. The Post Buckley figure
is about $3,900 less for detailed design; for construction services
about $44,000 less. Mr. Pontek indicated that the construction services
for CH2M Hill were on a not-to-exceed basis and doubted that they would
actually invoice the City for that amount. He believed the differential
in fees not to be significant and the recommendation of the City Attor-
ney's Office to award to CH2M Hill is a sound one.
Mayor Campbell advised he will not question-this; however, some
of the information he has received is cOntrary to that and he is not so
sure he is ready to immediately vote on a contract that appears to be
about a $63,000 difference. He feels every dollar is important.
Upon question, Assistant City Attorney Kurtz advised the
bidding war would be inappropriate and if the Commission is going to
consider any other firm than CH2M Hill the City Attorney's Office would
recommend that the City do an RFP; however, this will delay implementa-
tion of this project. They cannot allow Post Buckley to walk in without
an RFP and open it up for bids from other firms. His office is using
CH2M Hill for several reasons, one of which is their reputation in
airstripping technology. Assistant City Attorney Kurtz commented there
is a cost in delaying this. The carbon changes are going to run about
$40,000 per unit and the City is anticipating having to make possibly a
carbon change in September. If we are close to having the airstripping
technology on, that change will be avoided and we don't anticipate any
others. If, however, it is delayed two or three months the City will
probably have to make two or three carbon changes and now you are
talking perhaps $120,000.
Mr. Weatherspoon commented that he feels comfortable with CH2M
Hill; he cannot see having another firm come on line and being able to
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present the product the City expects in the time frame. Ms. Brainerd
concurred with Mr. Weatherspoon's comments and stated she is ready to
move on the contract. Ms. Horenburger stated her main concern is
getting the job done and she has question about the legal ramifications
that the Attorney's Office raised and changing firms in mid stream. Ms.
McCarty concurred.
Ms. McCarty moved to award the contract to CH2M Hill, seconded
by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms.
Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 4 to
1 vote.
Before roll call the following discussion was had:
Ms. Horenburger commented that she hates to spend $63,000 extra
if, indeed, that is what we are doing and it is not clear that, in fact,
that's what we're doing. None of the Commission wants to spend anymore
than they have to, but she feels the City's feet are to the fire on our
most essential service and we need to move forward.
At this point the roll was called to the motion. ~
2. The City Manager stated Assistant City Attorney Kurtz and~ Mr.
Procacci have been negotiating this item back and forth. He ~ade
reference to a letter that was sent this date by the City.
Mayor Campbell declared a recess so that Mr. Procacci could
read the letter, the time being 4:55 P.M. The meeting reconvened at
5:10 P.M. and recessed until 7:00 P.M., Tuesday, June 21, 1988.
ATTEST:
MAYOR
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 June 17, 1988, which minutes were formally
approved and adopted by the City Commission on
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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