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11-03-92SpMtg NOVEMBER 3~ 1992 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 First Floor Conference Room at City Hall at 6:05 P.M., Tuesday, November 3, 1992. Roll call showed: Present - Commissioner Jay Alperin Commissioner Armand Mouw Commissioner David Randolph Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz (arrived 6:10 P.M.) The City Manager announced there would be one special presentation to make. Brahm Dubin, Delray Municipal Golf Course, presented the City of Delray Beach Annual City Commissioners' Long Drive Championship trophy to Mayor Lynch for 225 yards (into the wind). Mayor Lynch called the meeting to order and announced that this meeting has been called for the purpose of considering the following: Appointment of Interim Commission M~mber. The Commis- sion is to consider the appointment of an interim Commission member to fill the unexpired term of Commissioner Andrews. Mayor Lynch stated that Commissioner Andrews came up with a lot of different ideas, many of which have been beneficial to the City; he would hope that whoever fills his term will also add creativity and ethics as a leader of our city. He stated he has read over the list of 15 candidates and felt that the three that were selected by his fellow Commissioners are all names he could support and work with. Each of the three candidates repre- sents different qualities to the City; Mr. Mitchell in the CRA, Ms. Golder as a member of the Housing Authority and Mr. Ellingsworth as the former Director of the Chamber of Commerce. Mayor Lynch advised his feeling is that he will support Ken Ellingsworth at this stage, believing that he will bring the ethics and harmony he has shown in business; also, being a retir- ee now, he will show the involvement of the community. Upon question, the City Attorney advised the Charter specifically states that it is the majority of those remaining that must make the selection. In his opinion that means they must have three affirmative votes for whoever the person is. It is up to the Commission as to how they wish to reach that consensus, but, when it comes time to make the decision, it would be his preference to move a specific name and vote that up or down. Dr. Alperin stated he supports Randee Golder because he feels she meets most of the qualifications they would be looking for in a Commissioner. Mr. Mouw stated he would support a ranking vote, a nomination and second. It was the consensus to rank all three candidates with the candidate receiving the least amount of points deemed to be the winner. After ranking the candidates, the City Attorney an- nounced that Ken Ellingsworth received six points which makes him the winner; Randee Golder received eight points and Leonard Mitchell ten points. Mr. Mouw moved that, based on the consensus balloting, Ken Ellingsworth be nominated to fill the vacant seat #3, second- ed by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - No; Mayor Lynch - Yes. Said motion passed with a 3 to 1 vote. Upon question, the City Attorney advised that it would be most appropriate to have Mr. Ellingsworth sworn in at the November 17th meeting. Approve Change Order No. 2, The Commission is to consider approval of Change Order No. 2 to the contract with Tiger Construction Services Inc., in the amount of $32,000 to install fire hydrants in accordance with Insurance Service Of- fice's request to improve the City's rating for Fire Insurance coverage, with funding from Water and Sewer - Water Mains (Ac- count No. 441-5161-536-63.50). accordance with Insurance Service Office's request to improve the City's rating for Fire Insurance coverage; with funding from Water and Sewer - Water Mains (Ac- count No. 441-5161-536-63.50). Dr. Alperin moved for approval of Change Order No. 2, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. 3. Award of contract to Cushing Demolition. The Commis- sion is to consider an award of contract to Cushing Demolition in the amount of $28,800 for the demolition of 19 structures in conjunction with improvements at S.D. Spady Elementary School; with funding from Decade of Excellence (Account No. 225-3162- 541-61.74). of $28,800 for the demolition of 19 structures in conjunction with improvements at S.D. Spady Elementary School; -2- with funding from Decade of Excellence (Account No. 225-3162-541-61.74). Mayor Lynch stated this also includes the asbestos removal from one of the buildings in the estimated amount of $5,000. Mr. Mouw moved for the award of bid to Cushing Demoli- tion, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. Authorize Additional Engineering Services. The Commis- sion is to consider authorizing additional engineering services for the upgrade of a water main along S.W. 7th Avenue, in the amount of $1,750, under Service Authorization No. 3 to the con- tract with Michael B. Schorah and Associates with funding from Water and Sewer - Water Mains (Account No. 441-5161-536-63.50). Dr. Alperin moved to authorize the additional engineer- ing services, seconded by Mr. Mouw. Upon roll call the Commis- sion voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. Authorization to Hos~ a Golf Tournament, The Commission is to consider authorization to host a golf tournament on Satur- day, January 27, 1993 at the Municipal Golf Course to benefit the South County Boys and Girls Club. It was noted that the current date for the tournament should be February 27, 1992. Mayor Lynch advised that at the present time the City has a ruling that they primarily try not to use the municipal course during the months of November through April for any type of charity event because play is so heavy at that time. The club is trying to raise money to help the youth of the community and they felt they would have a better chance of raising more money if it were held at that time of the year. Dr. Alperin stated he felt as though he was voting against something which is very important to the City; however, he felt it was not appropriate to change policy for one charity. Mr. Dubin concurred with the policy set; however, they have broken it for the Sister Cities tournament scheduled for January 1993. This has been brought before the Commission be- cause of the fact the City is behind this club's activities and could possibly be an exception to the policy. -3- The City Manager noted that the City could distinguish between the Sister Cities tournament because it is being held at the time the delegation from Japan will be here. Discussion followed. Mr. Randolph stated he did not feel the Boys and Girls Club is a priority at this time and he would not vote for it. Dr. Alperin commented that he did not think it was an appropriate policy to make; he believed it would come back with other charities questioning why they should not have the same benefits this one did. Dr. Alperin moved to deny the request, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - No. Said motion passed with a 3 to 1 vote. Accept a Settlement for th.~ Purchase of Parcel ~, The Commission is to consider accepting a settlement in conjunction with the Tennis Center/Stadium project. The City Attorney advised that the City had the order of taking hearing on Friday and were successful in getting title to all the parcels. Parcel C remains as one that if the City does not agree to the settlement they will have to go through the valuation process on its being the price of $11,000 total, which includes attorneys fees. The City Attorney's Office recommends that the City accept the offer of settlement. Upon question' the City Attorney stated that balancing out it is within one or two thousand dollars of what he had anticipated and it is the last parcel. The City is left with two hiatus parcels whose valuation totals $150.00 and Mr. Daniels' attorney's fees for being appointed the guardian ad litem to represent those owners' interests. The City Attorney added that these people would like a plaque as had been granted to some of the others. This plaque would go somewhere on the property at the discretion of the City. Dr. Alperin moved to accept the settlement for the purchase of Parcel C, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. 1. Approve an Amendment to the UDAG Grant Agreement, The Commission is to consider approval of an amendment to the UDAG Grant Agreement with Auburn Trace Joint Venture which changes the debt service amortization schedule to 50 years and invokes a penalty clause for late payment. The City Attorney explained this is the agreement that will enact the proposal that was put before the Commission two weeks ago at a workshop meeting. It had been pulled off the --4-- agenda last week in order to have the language solidified between the City Attorney's Office and Auburn Trace Joint Venture. There was a lawsuit filed last week to dissolve the partnership; howev- er, the lawsuit does not appear to impact on the City's interest, i.e., it does not change anything with respect to the City's priority. The City Attorney advised there has been no move by the dissenting partners to stop this action from taking place; no temporary restraining order or anything like that has been filed. Mayor Lynch asked if the dissolution suit worried the City Attorney that this whole project might not be successful. The City Attorney stated he felt no more so than their coming in for a modification to their payment schedule does; obviously, it means that things are not running smoothly. At the same time the two principal partners who the City has always looked to and who have been financially the most solid partners remain together on the item. Basically, the City is in a situation where, if they don't agree to a modification, it puts in jeopardy their first mortgage and that will result in foreclosure. This choice re- mains the best choice. Dr. Alperin moved to approve Amendment No. 3 to the UDAG Grant, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. Mayor Lynch declared the meeting adjourned at 6:35 P.M. City E~erk ! 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 November 3, 1992, which minutes were formally approved and adopted by the City Commission on ~1-I~- ~ ~ -5- City Cl~rk NOTE TO READER: If the minutes that you have received are not completed as indi- cated above, then this means that these are not the official minutes of the 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. -6-