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06-18-85SpMtg A Special Meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Council Chambers at City Hall at 7:10 P.M., Tuesday, June 18, 1985. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Marie Horenburger Council Member Jimmy Weatherspoon Mayor Doak S. Campbell Absent - Council Member Arthur Jackel Also present were - Assistant City Manager Robert A. Barcinski 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: (1) considering continuation of Public Hearing and Second Reading of Ordinance No. 46-85 relative to the creation of the Community Redevelopment Agency; (2) considering First Reading of Ordinance No. 64-85 appointing members to the Community Redevelopment Agency; (3) considering continuation of Public Hearing on Resolution No. 48-85 designating the Delray Beach City Council as the Community Redevelopment Agency; (4) considering Word Processors for City Clerk's Office; (5) considering Computer acquisi- tion; (6) considering award of contract for cart shed for Delray Beach Municipal Golf Course; and (7) considering entering into a contract with Stuart Engineering Contractors, Inc., to complete ground storage tanks. The Assistant City Manager presented Ordinance No. 46-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A NEW ARTICLE VIII., "COMMUNITY RE- DEVELOPMENT AGENCY", AND ADDING SECTION 2-135, "CREATION OF COMMUNITY REDEVELOPMENT AGENCY", TO PROVIDE FOR LEGIS- LATIVE INTENT; ORGANIZATION OF THE COMMUNITY REDEVELOP- MENT AGENCY; THE COMMUNITY REDEVELOPMENT PLAN; DELEGATION OF POWER; ORDINANCE AS SUPPLEMENTAL; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 46-85 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A continuation of the public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Char- ter of the City of Delray Beach, Florida. Upon question by Mayor Campbell, the City Attorney advised that this ordinance sets up the legal framework; the resolution adopts the boundaries. Mr. Ken Ellingsworth, Director of the Chamber of Commerce speaking on behalf of the Atlantic Avenue Task Force, submitted the following names for the Community Redevelopment Agency: Thomas Lynch, Mark Stowe, Kevin Egan, Jack Duane, Clay Wideman, David Randolph, Roy Simon, John Howell and Matt Gracey. All have agreed to accept if ap- pointed, except for Mr. Howell who they have not yet spoken to. Mrs. Horenburger pointed out that there are no women on that list of recommendations. The public hearing was closed. Mrs. Horenburger expressed concern that none of the recom- mended people are in the building and development field. She feels it would be important to have such a person on that board and she suggested Mr. Armand Mouw be considered. Mayor Campbell pointed out that anyone who they choose to serve on this board cannot serve on any other board in the City. If they already do, they must resign. Mr. Bird stated that although those names recommended by the Task Force are all dedicated citizens, he suggests there may be a need for broader geographical representation. He also feels they should consider someone with substantial experience in lobbying for funds and an understanding of where the "powers that be" can be located. In that regard he recommends the appointment of Mr. Leon Weekes, former Mayor of Delray Beach. Although Mr. Weekes does not currently live in the City, he does have a business here and there is no question as to his concern and interest in the City's well being; he has agreed to resign from the Pension Board. Mr. Bird suggested Mr. Alvaro Vera be appointed as an alternate to Mr. Mouw as he agrees with Mrs. Horenburger that a builder is needed on that board. Mrs. Horenburger inquired as to whether the people suggested are aware of all the financial disclosure requirements. Mr. Ellings- worth replied that most of them are. Upon question by Mayor Campbell, the City Attorney advised that Council could not substitute what is in the Statutory criteria; however, he sees no reason why they could not supplement it. He further advised that he would do it by separate ordinance. Mr. Ellingsworth advised that there was a recommendation that the Mayor or his appointee from Council serve on this board as ex officio in addition to the City Manager. The Assistant City Attorney advised that the Statute prohibits someone from Council being on the Board or being an employee of the Board unless Council is the Board. Mr. Bird moved for the adoption of Ordinance No. 46-85 on Second and FINAL Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 2. Ordinance No. 64-85, relative to appointing members to the Community Redevelopment Agency, is before Council for consideration on First Reading. If passed, Public Hearing will be held July 9th. The Assistant City Manager presented Ordinance No. 64-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPOINTING MEMBERS OF THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY IN ACCORDANCE WITH SECTION 163.356, FLORIDA STATUTE; ENUMERATING THEIR TERMS OF OFFICE; APPOINTING A CHAIRMAN AND VICE-CHAIRMAN; PROVID- ING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Upon question by Mr. Bird, the City Attorney advised that if any of the names need to be changed at Second Reading, he does not think that would be deemed a significant modification to the ordinance. Following discussion, it was the consensus of Council to make the following appointments: Thomas Lynch, John Duane, David Randolph and Leon Weekes to four (4) year terms, Mark Stowe to a one (1) year term, Armand Mouw to a two (2) year term, and Matt Gracey, Jr., to a three (3) year term; also to appoint Thomas Lynch as Chairman and Leon Weekes as Vice-Chairman. - 2 - 06/18/85 Mr. Bird moved for the adoption of Ordinance No. 64-85 on First Reading, subject to the following names being inserted in the ordinance: Mark Stowe to a term of one year, Armand Mouw to a term of two years, Matt Gracey, Jr., to a term of three years, Thomas Lynch to a four year term, John Duane to a four year term, David Randolph to a four year term and Leon Weekes to a four year term; and Thomas Lynch to be the Chairman and Leon Weekes the Vice-Chairman, seconded by Mr. Weather- spoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 3. Mr. Bird moved for the adoption of Resolution No. 48-85, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Horenburger - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED with a 4 to 0 vote. Mayor Campbell requested that letters of communication be sent to the people selected and asked Mr. Ellingsworth to inform the Task Force to keep up their interest with regard to the implementation and development of the plan. Mr. Bird suggested they send these people appropriate excerpts from the Florida Statutes so they understand their reporting requirements before they formally accept appointment. 4. The Assistant City Manager reported that in this year's budget Council appropriated $20,000 for computer equipment for the City Clerk's Office. Upon question by Mayor Campbell, the City Attorney advised that the Clerk's Office does half of the ordinances now. They utilize their one main computer when it's not being utilized for minutes. Other than that, they use typewriters. Mr. Huddleston, Finance Director, advised that the total package is $18,118.00 and that includes the software. There is $20,000 budgeted within the City Clerk's budget. This is through IBM offices at a 30% State discount. Mr. Bird moved for approval of the recommendation of the Finance Director for the acquisition of Word Processors for the City Clerk's Office, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weather- spoon abstained; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. Mr. Weatherspoon advised that the nature of the abstention is that he is an employee of IBM. 5. Mr. Huddleston reported that staff recommends the purchase of IBM Hardware System 38 and peripheral items which are outlined in the package. The total hardware cost would be $399,148.00. It would be purchased from IBM with the 30% State discount. The software acquisi- tion was a joint proposal with HTE and IBM and they are recommending the HTE software for a total price of $104,000.00. That would include the payroll, personnel application, utility billing, budgeting and account- ing, fixed assets and purchasing inventory. Additionally, they are asking approval to go ahead and grant the Administration $13,914 for training to attend various course work to learn the System 38. Also they are requesting to set aside $53,500.00 for training, consulting and implementation through the conversion process. Upon question by Mayor Campbell, Mr. Huddleston advised that IBM gave the overall best bid for the hardware. Mr. Bird moved to approve the request for computer acquisi- tion, hardware to be IBM system 38, software from HTE, training and contingency for training and consulting, all funds to come from 1984/85 budgeted funds, the vendor to be IBM, contracts and license agreements subject to review by the City Attorney's Office, seconded by Mrs. Horen- burger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon abstained; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. The City Attorney noted that the record should show that Mr. Weatherspoon's abstentions are based on a potential voting conflict. - 3 - 06/18/85 The Assistant City Manager reported that Council has been provided with a bid summary taken on June 5, 1985, for a cart shed at the Golf Course. One was a block type building and the other two were steel buildings, one with tapered columns. Council is to consider award of this contract. Upon question by Mrs. Horenburger, the Assistant City Man- ager advised that the low bidders on the concrete building have stated they can begin within 60 days. The metal buildings would take approxi- mately 90 days. Mrs. Horenburger preferred concrete. Upon question by Council, the Assistant City Manager advised that some of the staff members prefer block over metal and some do not have a real preference; they just want to get the shed up. Mayor Campbell noted that a concrete building will require painting and maintenance which a steel building will not. The Assistant City Manager advised that (1) the concrete building with a built up roof is $44,500; (2) the steel building is $42,500; and (3) the steel building with a tapered column is $40,331. He further advised that Mr. Johnson, Director of Development & Inspec- tion, recommended Option (1), Walker Gregory Construction at $44,500 for the concrete building with the built up roof. Mrs. Horenburger moved to award the contract to Walker Gregory Construction for a concrete building for $44,500, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call, Mayor Campbell asked if this will now have to go to the Community Appearance Board for design. The City Attorney replied that it is up to Council. At this point the roll was called to the motion. It was the consensus of Council to voluntarily submit the plans to the Community Appearance Board as soon as possible. The City Attorney reported that about a month ago, they entered into a Change Order with the original contractor, United Steel Erectors, for the ground storage tanks, requiring them to complete construction in an extended time period and for them to make satisfac- tory progress as of a set date. They did not and have declared them- selves to be in default of the contract. The City made a claim against their bonding company and the bonding company has proposed utilizing this company, Stuart Engineering Contractors, Inc., to finish the proj- ect by substituting them for United Steel Erectors in the contract. They have proposed to construct the improvements per the contract for the contract sum plus another $9,360~ which the bonding company will pay. There are still some items under discussion. Tonight they are asking Council to agree to the concept to substitute Stuart Engineering as the contractor to finish the project for $158,285.00, the difference of which will be provided by the bonding company, and to direct the City Attorney's Office to pursue the avenues concerning damages against the original contractor and the bonding company. Mrs. Horenburger moved for approval as outlined by the City Attorney, seconded by Mr. Bird. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell declared the meeting adjourned at 7:50 P.M. ATTEST: ~ City Cl'erk MAYOR - 4 - 06/18/85 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 Council of June 18, 1985, which minutes were for- mally approved and adopted by the City Council on _ ~ ..... ?~_/~ ~_~ . City Clerk NOTE TO READER: If--{h~s that you have received are not completed as indicated above, then this means that these are not the official minutes of Cit~ Council. 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. - 5 - 06/18/85