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12-12-95 DECEMBER 12, 1995 A Regular 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 6:00 P.M., Tuesday, December 12, 1995. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Barbara Smith Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Dr. Alperin. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda ADproval. Mayor Lynch noted the addition of Item 9.F., CONTRACT ADDITION (C.O. ~2)/MOLLOY BROTHERS, INC., and Item 9.G., REQUEST FOR SPECIAL EVENT PERMIT, to the Regular Agenda by addendum. The City Manager moved Item 8.D., CONFIRM THE DATE FOR THE ANNUAL TOWN HALL MEETING, to the Regular Agenda as Item 9.A.A. Mr. Ellingsworth moved to approve the agenda as amend- ed, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6.A. Recognizing and Commending Division Chief Douglas Trawick. Mayor Lynch read and presented a proclamation recogniz- ing and commending Division Chief Douglas Trawick for his many accomplishments and years of dedicated service. Division Chief Douglas Trawick came forward to accept the proclamation. 6.B. Recognizing and Commending Lt. Larry Garito. Mayor Lynch read and presented a proclamation recogniz- ing and commending Lt. Larry Garito for his many accomplishments and years of dedicated service. Lt. Larry Garito came forward to accept the proclamation. Robert Rehr, Fire Chief, stated that only five awards are presented annually by the State of Florida to Fire Service personnel. He is extremely proud of Chief Trawick and Lt. Garito for having received two out of those five awards. 7. Presentations: 7.A. Site Plan Review and Appearance Board Recocrnition Proqram. Dick Sheremeta, Chairman of the Site Plan Review and Appearance Board, presented the fourth annual Site Plan Review and Appearance Board (SPRAB) Recognition Awards. The awards are given to those property owners and their design teams who have significantly contributed to the beauty of the community through creative design or renovations to existing properties. Eligible projects are those which were approved by the Board, and received a Certificate of Occupancy during the previous fiscal year (Octo- ber 1, 1994 - September 30, 1995). The 1995 SPRAB Award winners are as follows: Residential Development: The Antilles (southeast corner of Venetian Drive and Miramar Drive); Cary Glickstein (Developer), David Martin (Archi- tect), Debora Turner (Landscape Architect). Commercial Development: Delray Outpatient Surgery & Laser Center (4800 Linton Boulevard); HDA International (Developer), Clifton Thomason (Architect), Debora Turner (Landscape Architect). Exterior Renovations: Backdraft Barbeque (2515 North Federal Highway); Rich- ard Brochu (Owner). Siqnage: The Irish Cottage Pub (2713 North Federal Highway); John Reilly (Owner). Redevelopment: Pineapple Grill (800 Palm Trail); Charles Tobias (Own- er) . 2 12/12/95 Speedway Service Center (200 N.E. 6th Avenue); Mark Pollis (Owner), Mark Marsh (Architect). Architecture: Surles Office Building (140 N.E. 4th Avenue); Leonard Surles (Owner), Ted Bessette (Architect). 8. CONSENT AGENDA: City Manager recommends approval. 8.A. AUTHORIZATION TO PROCEED/MONITORING STUDY OF THE BEACH NOURISHMENT PROJECT: Authorize Coastal Planning & Engineering, Inc. to proceed with the three-year performance monitoring of the Beach Nourishment Project at a cost not to exceed $35,910; with funding from the Beach Restoration Fund. The entire cost will be reimbursed from Federal, State and County appropriations. 8.B. AGREEMENT WITH PALM BEACH COMMUNITY COLLEGE/PARAMEDIC PROGRAM: Approve an agreement with Palm Beach Community College to provide clinical experience for City paramedics enrolled in the college's paramedic program. 8.C. AGREEMENT WITH THE PALM BEACH COUNTY SCHOOL BOARD/CARVER MIDDLE SCHOOL BEFORE AND AFTER SCHOOL PROGRAMS: Approve an agreement with the Palm Beach County School Board for before and after school programs for underprivileged children at Carver Middle School, to be fully funded by the Board. 8.D. MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.E. RATIFICATION OF APPOINTMENT/KIDS AND COPS COMMITTEE: Ratify the appointment of Sean Anderson as a representative from the Police Benevolent Association to an unexpired term ending April 22, 1997. 8.F. AMENDED LEASE BETWEEN THE CITY AND THE FEC RAILROAD: Approve the amended lease between the City and the FEC Railroad for six parcels, raising the yearly lease from $5900 to $6000. 8.G. RESOLUTION NO. 89-95: Adopt a resolution supporting the Palm Beach County Municipal League's Graffiti Eradication Program proposed by the County Criminal Justice Commission. The caption of Resolution No. 89-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ENDORSING A POLICY OF ZERO TOLERANCE FOR GRAFFITI; FUR- THER ENDORSING THE GRAFFITI ERADICATION PROGRAM; REQUESTING THE CRIMINAL JUSTICE COMMISSION TO COORDINATE THE IMPLEMENTATION OF THE PROGRAM; REQUESTING ACTIVE PARTICIPA- TION FROM ALL MUNICIPALITIES WITHIN PALM 3 12/12/95 BEACH COUNTY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Copy of Resolution No. 89-95 is on file in the offi- cial Resolution Book) 8.H. RESOLUTION NO. 82-95 (ABANDONMENT OF A PORTION OF ALLEY RIGHT-OF-WAY IN BLOCK 85) & ACCEPTANCE OF REPLACEMENT EASEMENTS: Approve a resolution vacating and abandoning a portion of the 16' east/west alley right-of-way located in Block 85, Town of Delray, based on positive findings, together with acceptance of a water and sewer easement. The caption of Resolution No. 82-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE EAST/WEST ALLEY RIGHT-OF-WAY IN BLOCK 85, TOWN OF DELRAY, AS MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO RECEIPT OF REPLACEMENT EASEMENTS FOR EXISTING FACILITIES. (Copy of Resolution No. 82-95 is on file in the offi- cial Resolution Book) 8.I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Site Plan Review and Appearance Board and the Historic Preservation Board during the period December 4 through December 8, 1995. 8.J. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Motorola Communications and Electron- ics, Inc. for Phase II of the two-way radio system upgrade, in the amount of $51,179 from 334-6112-519-64.90 and 442-5178- 536-61.76. Mr. Ellingsworth moved to approve the Consent Agenda as amended, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. CONFIRM THE DATE FOR THE ANNUAL TOWN HALL MEETING: Confirm the date January 30, 1996 for the annual Town Hall Meet- ing to be held at the Crest Theater at Old School Square. The City Manager explained that at last night's Plan- ning and Zoning Board workshop, there was some discussion as to whether the annual Infrastructure public hearing, which is re- quired by the Comprehensive Plan and has thus far been held at -4- 12/12/95 the Planning and Zoning Board level, should be combined with the Commission's annual Town Hall meeting, or if the two should continue as separate meetings. He noted that last year some people who attended both meetings made similar comments at each, and perhaps there is not a clear distinction between the two in the public's mind. If the two meetings were to be combined, a potential disadvantage is that the Town Hall meeting could be rather lengthy. Diane Dominguez, Planning Director, reiterated that last year some people were not sure of which meeting they should attend. The fact that they were held one week apart created some confusion, and there were those individuals who felt it would be preferable to address both the Planning and Zoning Board and the City Commission at the same time. Discussion followed, after which it was the consensus of the Commission to combine the Infrastructure public hearing with the Town Hall meeting to make it less confusing for the public. Mayor Lynch further recommended that if the meeting turns out to be successful, the Commission should consider hold- ing a second town hall meeting around August or September for additional public input. Mr. Randolph moved to confirm the date of January 30, 1996, for the combined Town Hall meeting and Infrastructure public hearing, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.A. IMPLEMENTATION OF THE STORMWATER MANAGEMENT PRO- GRAM/NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES): Consider implementation and augmentation of the Stormwater Man- agement Program in regard to the National Pollutant Discharge Elimination System (NPDES) Stormwater Permitting Program. The City Manager stated this is before the Commission to review financial and other considerations connected with the implementation of the National Pollutant Discharge Elimination System (NPDES) Stormwater Permitting Program, being administered by the Environmental Protection Agency. The concern of munici- palities in Palm Beach County in regard to the NPDES program is the cost and the inherent problems of duplication between Federal and State regulations as they affect municipalities. The esti- mated County-wide cost for all the agencies could be potentially as high as $555 million. David Tolces, Assistant City Attorney, stated that Dan Beatty has been working with the co-applicant committee repre- senting the municipalities and various entities which are in- volved in submitting the application. At this point, this is a draft permit and the EPA is looking for comments. As a result of these comments, EPA will either issue another draft permit and -5- 12/12/95 ask for more comments, or publish a notice that they are going to be issuing a final permit. If notice is published that a final permit will be issued, the City will have thirty days to decide whether or not to participate in any challenge to the conditions contained in the permit. Mayor Lynch asked if every County and State has to complete this by a certain date? In response, Assistant City Attorney Tolces stated there are different dates established for different areas. For example, Sarasota County has already re- ceived its permit and is in the process of implementing it. On question from Dr. Alperin, Mr. Tolces stated that most of the conditions contained in the permit are included in EPA regula- tions. Apparently, Sarasota did not challenge any of the condi- tions. Dan Beatty, City Engineer, stated that Sarasota County received many of the same comments as the City of Delray and they essentially accepted the implementation as is. The City Manager stated that this EPA-administered program is an unfunded federal mandate which requires duplicate documentation of State and Federal programs, and transfers addi- tional responsibilities and costs to the local level. The Palm Beach County Municipal League is pursuing a position of deregula- tion or an elimination of this mandate. Federal dollars for implementation are needed, particularly considering that the State of Florida has current effective programs in place for improving the quality of discharges into its receiving waters. Discussion followed, after which it was the consensus of the Commission to direct staff to work in concert with the Municipal League in fighting the implementation of the NPDES permitting program. Also, to bring the matter to the attention of Representative Andrews for his support in pursuing State involvement to either deregulate or eliminate this unfunded federal mandate. At this point, the Commission moved to Item 9.E. 9.E. FUNDING REQUEST/ATLANTIC HIGH SCHOOL VARSITY CHEERLEAD- ERS: Consider a funding request from the Atlantic High School Varsity Cheerleaders to help cover the cost of attending the national cheerleading competition in Dallas, Texas. The City Manager reported there is $750.00 in uncommit- ted funds in the City Commission Special Events Account {#001-1111-511-48.10) . He recommended a grant of $500.00 to the Atlantic High School Varsity Cheerleaders to help cover the $10,000 cost of attending the national cheerleading competition. Mr. Ellingsworth moved to approve a grant of $500.00 from City Commission Special Events Account (#001-1111-511-48.10) for the Atlantic High School Varsity Cheerleaders, subject to the -6- 12/12/95 balance of $9,500.00 being raised, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.B. DEMAND FOR JUDGMENT/CHARLIE BROWN, JR. v. CITY OF DELRAY BEACH: Consider a Demand for Judgment in the above refer- enced case as recommended by the City Attorney. Mr. Randolph moved to deny the Demand for Judgment in the amount of $375,000.00, with no other offer, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.C. CONTRACT ADDITION (C.O. ~I)/McTEAGUE CONSTRUCTION COMPANY, INC.: Consider Contract Addition (C.O. #1) in the net amount of $63,165.00 and a 19 day contract extension with McTeague Construction Company, Inc. for the addition of heat pumps and other miscellaneous value engineering items for the Pompey Park Pool project; with funding from 334-4170-572-63.45 through budget transfer from 228-4126-572-63.45. Mr. Ellingsworth moved to approve the Contract Addition (C.O. #1) with McTeague Construction Company, Inc. in the net amount of $63,165.00 and a 19 day contract extension, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.D. CHANGE ORDER NO. 2/O'CONNOR & TAYLOR, INC.: Consider Change Order No. 2 to O'Connor & Taylor, Inc. as part of final reconciliation for the Municipal Golf Course project, in the amount of $15,510 from 445-4763-572-62.10. Jose Aguila, Construction Manager, presented as justi- fication for the change order a description of each item as well as the cause for each (i.e. City requested; design changes, additions or modifications; or unforeseen field conditions). Robert Rehr, Fire Chief, addressed the Commission concerning the plan review and installation of the fire sprinkler system, and why certain changes and/or additions became necessary as the project progressed. Digby Bridges, project architect, commented that while it is clearly understood that there are certain procedures which need to be followed when putting together a highly complicated building like the Golf Course Clubhouse, it is impossible to foresee everything during pre-construction meetings. -7- 12/12/95 After discussion, Mrs. Smith moved to approve Change Order No. 2 with O'Connor & Taylor, Inc., in the amount of $15,510, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - No; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Mrs. Smith - Yes. Said motion passed with a 3 to 2 vote. 9.F. CONTRACT ADDITION (C.O.#2)/MOLLOY BROTHERS, INC.: Consider Contract Addition (C.O. %2) to Molloy Brothers, Inc. for the removal and replacement of 161 linear feet of deteriorated 12" sanitary sewer main and two manholes, in the amount of $25,670 from 442-5178-536-63.51). The City Manager explained that the Commission had previously approved Contract Addition (C.O.#I) to our contract with Molloy Brothers for the emergency replacement of the sewer line on S.W. 2nd Street immediately west of the road segment included in the subject contract addition. Several sinkholes had developed over the first segment due to the deteriorated condi- tion of the line. After completing construction on the first segment, the City attempted to clean the sand and silt out of the downstream line, only to discover the line was so badly deterio- rated that it could not be cleaned and must be replaced. Mrs. Smith moved to approve Contract Addition (C.O. #2) in the amount of $25,670 with Molloy Brothers, Inc., seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.G. REQUEST FOR SPECIAL EVENT PERMIT: Consider a request for a special event permit for the Florida Jaycees to hold a carnival in the northwest area of the Delray Beach Mall, from December 27, 1995 through January 7, 1996. Dr. Alperin moved to approve the request for a special event permit, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 10. PUBLIC HEARINGS: None. 11. Comments and Inquiries on Non-Agenda Items from the Public - Immediately followinq Public Hearings. 11.A. The City Manager's response to prior public comments and inquiries. In response to Mr. Kamarata's concern regarding a pot hole located on the east lane of Federal Highway, northbound 8 12/12/95 between Linton and Lindell Boulevards, the City Manager reported that this matter has been corrected. Concerning Mr. Kamarata's suggestion to relocate the speed limit sign from 738 Avocet Road to the church parking lot across the street for better visibility, the City Manager report- ed that staff is reviewing this matter. Regarding Mr. Kamarata's request for increased Police patrols in the area of Avocet Road in the Tropic Palms subdivi- sion for better enforcement of the speed limit, the City Manager stated that this has been forwarded to the Patrol division for attention. ll.B. From the Public. 11.B.1. Willie Ports, Jr. 634 Angler Drive, asked for clarifi- cation regarding his duties as a member of the Pompey Park Advi- sory Committee. He inquired as to when the resolution is expect- ed to be adopted so that he will have a better understanding of what he can and cannot do as a committee member. In response, the City Manager stated that he previously pointed out to Mr. Potts that the resolution was never adopted. Also, the City Manager wrote a letter to the chairperson of the Advisory Committee, with a copy to Mr. Potts, explaining that the Commission wanted the committee to make recommendations on some provisions of the resolution. Until the committee makes those recommendations, there is nothing to bring back to the Commis- sion. Mayor Lynch stated the Commission is waiting for the Pompey Park Advisory Committee to come back with what they would like to see as part of their authority and regulations. At that point, the Commission will then review and finalize the resolu- tion. Mr. Potts inquired as to whether the City would allow DJ's and picnics to be held at the parks in Delray. Mayor Lynch explained to Mr. Potts that the committee would need to vote first and then, if majority rules, the committee would bring such recommendations before the Commission for consideration. Lastly, Mr. Potts expressed concern over the contract between the City and Palm Acts, Inc. He feels that concerts held at the tennis stadium should have more of a financial guarantee. 12. FIRST READINGS: None. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager. -9- 12/12/95 The City Manager had no comments or inquiries. 13.B. City Attorney. The City Attorney wished everyone a happy holiday. 13.C. City Commission. 13.C.1. Mr. Ell£nqsworth reported that at the Metropolitan Planning Organization (MPO) meeting held last Thursday, December 7th, the Board adopted the Twenty/Fifteen transportation recom- mendations to the Florida Department of Transportation (FDOT). Included in that are plans to rehabilitate the Atlantic Avenue bridge in fiscal year 1998/99. He stated that he made a request to the Board, and the Board approved it, to ask FDOT to consider doing some of the work or all of it concurrent with the East Atlantic Avenue Beautification project scheduled to begin in April of 1996. Mr. Ellingsworth stated that he hoped to hear back from FDOT if they might be able to do anything of that sort, and would inform the City Manager as soon as he hears anything. Secondly, Mr. Ellingsworth commented that the tennis tournament is coming along great and the attendance has increased considerably compared to previous years. Lastly, Mr. Ellingsworth wished everyone a very Merry Christmas. 13.C.2. Mr. Randolph wished everyone a happy, safe, and sober holiday season. Mr. Randolph commented that he feels the Commission made a wise decision in opting to combine the infrastructure hearing along with the Town Hall meeting. Mr. Randolph commented that the cargo-type trailer he has talked about has reappeared on private property. However, he is glad that Code Enforcement has taken care of the problem. 13.C.3. Dr. Alperin wished everyone a happy holiday. 13.C.4. Mrs. Smith asked when the repaying of S.E. 2nd Avenue is expected to be complete? The City Manager responded that the repaying and reconditioning of S.E. 2nd Avenue is expected to be complete within the next six months or so. Mrs. Smith commented on the unsightly dumpster near the blue building at N.W. 10th Avenue and Lake Ida Road, noting that the area never seems to stay clean. Mrs. Smith wished everyone a happy holiday and a Merry Christmas. -10- 12/12/95 13.C.5. Mayor Lynch reminded everyone that the Legislative Delegation meeting will be held on Priday, January 19, 1996. The primary issues will be the control of water and telecommunica- tions. Mayor Lynch wished everyone a very happy holiday. There being no further business, Mayor Lynch declared the meeting adjourned at 9:00 p.m. - 'Cit~ ~l~rk ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the min- utes of the meeting of said City Commission of December 12, 1995, which minutes were formally approved and adopted by the City Commission on ~7-~o~a/ 9 /9~ · - ~ City -Cl~rk - NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. -11- 12/12/95