02-01-00 A Regular Meeting of the City Commission of the City
of Delray Beach, Florida, was called to order by Mayor Jay
Alperin in the Commission Chambers at City Hall at 6:00 P.M.,
Tuesday, February 1, 2000.
m.a.
Oath of Office to incoming Commissioner N. Willard
Schwartz.
Roll call showed:
Present - Commissioner Patricia Archer
Commissioner David Randolph
Commissioner David Schmidt
Commissioner Michael Wright
Mayor Jay Alperin
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
2. The opening prayer was delivered by Reverend Richard
Evans, Abbey Delray South.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
Agenda Approval.
Mayor Alperin noted an addition of Item 9.P. Bid
Awards for Replacement Vehicles, to the Regular Agenda by adden-
dum; and, the addition of Item 5., Approval of Minutes of the
Regular Meeting of December 7, 1999. A request for postponement
of Item 9.A., Conditional Use Modification for Creations of
Delray Beach, and, also the distribution of additional backup
information for Item 9.0., Replacement Appointment/South Jury
Trial Feasibility Committee, to the Regular Agenda.
moved to approve the Agenda as amended, seconded by
........ Upon roll call the Commission voted as follows: Mr.
Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mr. Schwartz - Yes; Mayor Alperin - Yes. Said
motion passed with a 5 to 0 vote.
5. Approval of Minutes:
Minutes of the Regular Meeting of December 7, 1999.
moved to approve the Minutes of December 7, 1999,
seconded by
Proclamations:
Calling for the First Nonpartisan Election on March
14 , 2000 .
Presentations:
Delray Citizens for Delray Police (Perry DonFrancisco)
- Holiday Toy Drive Presentation.
8. CONSENT AGENDA: City Manager recommends approval.
8.A. PROPERTY TAX EXEMPTIONS FOR IMPROVEMENTS TO HISTORIC
PROPERTIES (RESOLUTION NOS. 11-00, 12-00 & 13-00): Approve the
final applications and associated resolutions for property tax
exemptions for three historic properties, as follows: Dietrich
Residence at 238 S.E. 7th Avenue/Resolution No. 11-00; Turner
Residence at 145 N.E. 6th Avenue/Resolution No. 12-00; and Hayes
Residence at 1109 Seaspray Avenue/Resolution No. 13-00.
The caption of Resolution No. 11-00 is as follows:
A RESOLUTION OF THE CITY COHHISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, GRANTING AN
AD VALOREM TAX EXEMPTION TO DANIEL G. DIE-
TRICH FOR THE HISTORIC REHABILITATION OF THE
PROPERTY LOCATED AT 238 SE 7TH AVENUE, AS
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FURTHER DESCRIBED HEREIN; DETERMINING THAT
THE COMPLETED IMPROVEMENTS ARE CONSISTENT
WITH LAND DEVELOPMENT REGULATION (LDR)
SECTION 4.5.1(M) (5); PROVIDING AN EFFECTIVE
DATE.
(Copy of Resolution No. 11-00 is on file in the City
Clerk's office.)
The caption of Resolution No. 12-00 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, GRANTING AN
AD VALOREM TAX EXEMPTION TO OCIE L. TURNER
EST FOR THE HISTORIC REHABILITATION OF THE
PROPERTY LOCATED AT 145 NE 6TH AVENUE,
DELRAY BEACH; AS FURTHER DESCRIBED HEREIN;
DETERMINING THAT THE COMPLETED IMPROVEMENTS
ARE CONSISTENT WITH LAND DEVELOPMENT REGULA-
TION (LDR) SECTION 4.5.1(M) (5); PROVIDING AN
EFFECTIVE DATE.
(Copy of Resolution No. 12-00 is on file in the City
Clerk's office.)
The caption of Resolution No. 13-00 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, GRANTING AN
AD VALOREM TAX EXEMPTION TO CARL S. & PATRI-
CIA O. HAYES FOR THE HISTORIC REHABILIATION
OF THE PROPERTY LOCATED AT 1109 SEASPRAY
AVENUE, DELRAY BEACH; AS FURTHER DESCRIBED
HEREIN; DETERMINING THAT THE COMPLETE IM-
PROVEMENTS ARE CONSISTENT WITH LAND DEVELOP-
MENT REGULATION (LDR) SECTION 4.5.1(M) (5);
PROVIDING AN EFFECTIVE DATE.
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(Copy of Resolution No. 13-00 is on file in the City
Clerk's office.)
8.B. PALM BEACH COUNTY LOCAL MITIGATION STRATEGY AND
ASSOCIATED INTERLOCAL AGREEMENT: Adopt the Palm Beach County
Unified Local Mitigation Strategy (LMS) and authorize the
execution of the associated Interlocal Agreement between the
County and the City which provides that the City and County
agree to be governed by the criteria outlined in the LHS
document.
8.C.
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify the various ac-
tions approved by the South Central Regional Wastewater Treat-
ment and Disposal Board at the quarterly meeting of January 20,
2000.
8.D.
ADDENDUM TO AGREEMENT (CREDIT CARD SERVICES)/UNIFIED
MERCHANT SERVICES & FIRST FINANCIAL BANK: Approve an addendum
to the Agreement between Unified Merchant Services, First Finan-
cial Bank, and the City which will provide processing of the
City's credit card services at a rate of 2.24% for a period of
three years.
8.E.
SERVICE AUTHORIZATION #99-01.0/ECKLER ENGINEERING
(BREEZY RIDGE ESTATES NEIGHBORHOOD IMPROVEMENTS): Approve
Service Authorization ~99-01.0 in the amount of $50,000.00 with
Eckler Engineering for survey and design services on N.W. 24th
Avenue, N.W. 23rd Avenue and N.W. 2nd Street in Breezy Ridge
Estates. This project is part of the 2000 Road Bond Program,
and funding is available from 448-5470-538-65.48 (Stormwater
Utility - Breezy Ridge Estates).
8.F.
SERVICE AUTHORIZATION #4/ROBERT G. CURRIE PARTNERSHIP
(MAINTENANCE SHOP ADDITION): Approve Service Authorization #4
in the amount of $7,350.00 with Robert G. Currie Partnership for
consulting services associated with a 912 sq.ft, addition to the
existing Maintenance Division building at 434 South Swinton
Avenue, with funding from 441-5161-536-62.10 (W&S Capital Outlay
- Buildings).
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8.G.
SERVICE AUTHORIZATION #4/PROFESSIONAL ENGINEERING
CONSULTANTS (BARRIER ISLAND REUSE PROGRAM): Approve Service
Authorization #4 in the amount of $23,925.00 with Professional
Engineering Consultants (PEC) for consulting services associated
with the proposal for a wastewater reuse program to service the
barrier island for irrigation. Funding is available from 441-
5111-536-31.90 (W&S Administration - Other Professional
Services).
8.H.
SERVICE AUTHORIZATION #i/PROFESSIONAL ENGINEERING
CONSULTANTS (N.W. 18TH AVENUE & MARTY FLADELL DRIVE): Approve
Service Authorization ~1 in the amount of $131,540.00 with
Professional Engineering Consultants (PEC) for consulting
services on the preliminary and final design phases for
improvements on N.W. 18th Avenue and Marty Fladell Drive, with
funding from 448-5470-538-65.47 (Stormwater Utility - NW 18th
Avenue/Harty Fladell Drive).
8.I. RESOLUTION NO. 9-00: Approve a resolution assessing
costs for abatement action required to demolish an unsafe struc-
ture at 315 S.W. 3rd Street.
The caption of Resolution No. 9-00 is as follows:
A RESOLUTION OF THE CITY COHHISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY
THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING
SAID LEVY TO BE A LIEN UPON THE SUBJECT
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PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING
FOR THE MAILING OF NOTICE.
(The official copy of Resolution No. 9-00 is on file
in the City Clerk's office).
8.J. RESOLUTION NO. 10-00: Approve a resolution assessing
costs for abatement action necessary to remove nuisances on
twelve (12) properties located throughout the City.
The caption of Resolution No. 10-00 is as follows:
A RESOLUTION OF THE CITY COHHISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
CHAPTER 100 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN LAND(S)
LOCATED WITHIN THE CITY OF DELRAY BEACH AND
PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM-
PANY THE NOTICE OF ASSESSMENT; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOM-
PLISH SUCH ABATEMENT AND LEVYING THE COST OF
SUCH ABATEMENT OF NUISANCES; PROVIDING FOR
AN EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING
SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS.
(Copy of Resolution No. 10-00 is on file in the City
Clerk's office.)
8.K.
REVIEW OF APPE~LE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development
Boards for the period January 18th through January 28, 2000.
8.L.
AWARD OF BIDS AND CONTRACTS:
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Confirm an emergency purchase in the amount of
$24,126.45 for firewall security software for the
City's Internet connection from Hission Critical
Systems, Inc., with funding from 334-6112-519-
66.10 (Software Over $500), 334-6112-519-46.90
(Other Haintenance), and 334-6112-519-31.90
(Other Professional Services).
o
Confirm an emergency purchase in the amount of
$13,800.00 from Power Sports of Delray, via
Florida State contract, for the purchase of two
(2) Kawasaki ATV Hules for use by the Ocean
Rescue Division, with funding from 501-3312-591-
64.20 (Garage/Vehicle Replacement - Automotive)
o
Purchase award in the amount of $25,035 to South-
eastern Pump for the purchase of pumps and relat-
ed equipment for the Lift Stations llA, 25 and 53
rehabilitation project, with funding from 442-
5178-536-61.83 (W&S Renewal & Replacement - Lift
Station Conversion to Submersible).
o
Purchase award in the amount of $17,256 to Data
Flow Systems, sole source provider, for the
purchase of telemetry components to be provided
by the City for the Lift Stations llA, 25 and 53
rehabilitation project, with funding from 442-
5178-536-61.83 (W&S Renewal & Replacement - Lift
Station Conversion to Submersible).
o
Contract award in the amount of $38,125 to Chaz
Equipment Company, Inc. for the rehabilitation of
seventeen (17) manholes on the southeast
interceptor gravity main, with funding from 442-
5178-536-63.93 (W&S Renewal & Replacement -
Southeast Interceptor). Chaz Equipment is the
sole source provider for the rehabilitative
process being used.
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o
Contract award in the amount of $18,300.00 to
Shenandoah General Construction Company, via
Broward County contract, for cleaning and televi-
sion survey of approximately 15,000 linear feet
of sanitary sewer main, required as part of the
design work for the 2000 Roadway Bond projects,
with funding from 442-5178-536-31.90 (W&S Renewal
& Replacement - Other Professional Services).
o
Contract award in the amount of $23,860.00 to
Shenandoah General Construction Company, via
Broward County contract, for the emergency repair
of approximately 400 joints along the gravity
sewer main located within the alley between N.E.
6th Avenue and N.E. 7th Avenue, from Atlantic
Avenue to N.E. 2nd Street, with funding from 442-
5178-536-63.51 (W&S Renewal & Replacement - Sewer
Mains).
o
Contract award in the amount of $30,000.00 to
Colonna Asphalt Restoration, Inc., via Broward
County contract, for miscellaneous asphalt re-
pairs and patching as a result of utility work
within paved areas, with funding from 442-5178-
536-63.90 (W&S Renewal & Replacement - Other
Improvements).
o
Award of contract addition in the amount of
$30,000.00 to Metro Service Consultants, Inc. for
miscellaneous fire hydrant repairs and mainte-
nance, with funding from 441-5123-536-34.90
(Water Distribution - Other Contractual Servic-
es). This item is a sole source award as Metro
Service is already contracted to do cosmetic
maintenance and is on-site.
10. Purchase award in the total amount of $58,955 to
GameTime for the purchase and installation of
Orbiter One playground equipment for Pompey Park.
The price includes removal and disposal of the
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old equipment. Funding is available from 334-
4172-572-63.04 (Pompey Park Playground).
11.
Bid award in the amount of $19,510.00 to Tropical
Awning, Inc. for the replacement of awnings at
Veterans Park, with funding from 001-4126-572-
63.90 (Veterans Park Recreation Facility - Other
Improvements).
.... moved to approve the Consent Agenda, seconded by
o
REGULAR AGENDA:
CONDITIONAL USE MODIFICATION FOR CREATIONS OF DELRAY
BEACH: Consider a request for conditional use modification to
add 10,000 sq.ft, of floor area to the approved project for
Creations of Delray Beach, located at the northeast corner of
Pineapple Grove Way (N.E. 2nd Avenue) and N.E. 1st Street within
the former Winn Dixie building. The subject property is zoned
CBD (Central Business District). The Planning and Zoning Board
and staff recommend DENIAL. QUASI-JUDICIAL PROCEEDING
The City Attorney stated this item will be conducted
as a quasi-judicial hearing which allows for presentations by
all involved parties, the admission of documents into the record
and public testimony.
The City Clerk swore in those individuals who wished
to give testimony on this item.
Diane Dominguez, Director of Planning and Zoning,
entered into the record the Planning and Zoning Department's
file on this project and a listing of pertinent documents. The
Planning and Zoning Board considered this item at its meeting of
January 24, 2000 and recommended denial of the Conditional Use
Hodification request based upon a failure to make positive finds
with respect to LDR Section 4.6.9(F) (1), Parking Reduction
Allowed, in that the applicant has failed to demonstrate conclu-
sively that the reduced number of spaces will accommodate the
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use, and with respect to Section 2.4.5(E) 5), Conditional Use
Findings.
The following individuals spoke in opposition:
The following individuals spoke in favor:
The public hearing was closed.
There being no one else who, having been duly sworn,
wished to address the Commission, the public hearing was closed.
...moved to postpone the Conditional Use Hodification
request to the Regular Meeting of February 15, 2000, seconded by
that the reduced number of spaces will accommodate the use, and
with respect to Section 2.4.5(E) (5), Conditional Use Findings,
in that the lack of adequate parking will have a significantly
detrimental effect upon the surrounding neighborhood and will
hinder development and redevelopment of adjacent properties,
seconded by ..........
9.B.
CONDITIONAL USE MODIFICATION REQUEST FOR DELRAY'S LOST
DRIVE-IN: Consider a request for conditional use modification
to change the phasing of required improvements for Delray's Lost
Drive-In (f/k/a Delray Swap Shop). The subject property is
located on the east side of North Federal Highway, approximately
500 feet north of Allen Avenue, and is zoned GC (General Commer-
cial). QUASI-JUDICIAL PROCEEDING
The City Attorney stated this item will be conducted
as a quasi-judicial hearing which allows for presentations by
all involved parties, the admission of documents into the record
and public testimony.
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The City Clerk swore in those individuals who wished
to give testimony on this item.
Diane Dominguez, Director of Planning and Zoning,
entered into the record the Planning and Zoning Department's
file on this project and a listing of pertinent documents. The
Planning and Zoning Board considered this item at its meeting of
January 24, 2000 and recommended approval.
The following individuals spoke in opposition:
The following individuals spoke in favor:
The public hearing was closed.
There being no one else who, having been duly sworn,
wished to address the Commission, the public hearing was closed.
...moved to approve the Conditional Use modification,
excluding the Phase Two temporary parking lot, seconded by
9.C.
CONDITIONAL USE REQUEST/ADULT DAY CARE CENTER WITHIN
DELRAY OFFICE PLAZA COMPLEX: Consider a request for conditional
use approval to allow the establishment of an adult day care
facility in Building C of the Delray Office Plaza complex locat-
ed at 4733 West Atlantic Avenue (north side of West Atlantic
Avenue immediately east of Delray Square shopping center). The
subject property is zoned POC (Planned Office Center). QUASI-
JUDICIAL PROCEEDING
The City Attorney stated this item will be conducted
as a quasi-judicial hearing which allows for presentations by
all involved parties, the admission of documents into the record
and public testimony.
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The City Clerk swore in those individuals who wished
to give testimony on this item.
Diane Dominguez, Director of Planning and Zoning,
entered into the record the Planning and Zoning Department's
file on this project and a listing of pertinent documents. The
Planning and Zoning Board considered this item at its meeting of
January 24, 2000 and recommended approval.
The following individuals spoke in opposition:
The following individuals spoke in favor:
The public hearing was closed.
There being no one else who, having been duly sworn,
wished to address the Commission, the public hearing was closed.
.... moved to approve the Conditional Use request,
subject to the condition recommended by the Planning and Zoning
Board: That the enrollment of the adult day care facility be
limited to 40 participants. The motion was seconded by ......
9.D.
CONDITIONAL USE MODIFICATION REQUEST FOR GAS DEPOT
GASOLINE STATION: Consider a request for conditional use
modification of the previously approved plan for redevelopment
of a gasoline station by adding another 444 sq.ft, to the
convenience store for a total of 2,444 sq.ft., installing 12
gasoline dispensers instead of the previously approved six, and
phasing the removal of the existing billboard sign for Gas Depot
Gasoline Station. The subject property is located at the
northwest corner of Barwick Road and West Atlantic Avenue and is
zoned GC (General Commercial). QUASI-JUDICIAL PROCEEDING
The City Attorney stated this item will be conducted
as a quasi-judicial hearing which allows for presentations by
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all involved parties, the admission of documents into the record
and public testimony.
The City Clerk swore in those individuals who wished
to give testimony on this item.
Diane Dominguez, Director of Planning and Zoning,
entered into the record the Planning and Zoning Department's
file on this project and a listing of pertinent documents. The
Planning and Zoning Board considered this item at its meeting of
January 24, 2000 and recommended approval.
The following individuals spoke in opposition:
The following individuals spoke in favor:
The public hearing was closed.
There being no one else who, having been duly sworn,
wished to address the Commission, the public hearing was closed.
..... moved to approve the Conditional Use Hodification
request, subject to the conditions recommended by the Planning
and Zoning Board and subject to the added condition that no
video games be allowed, seconded by ....
9.E.
VALET PARKING QUEUE & PARKING LICENSE AGREEHENT/KYOTO
SUSHI & SAKE LOUNGE, INC.: Consider approval of a four (4)
space parking queue on the east side of N.E. 2nd Avenue just
north of the first alley north of Atlantic Avenue and a Parking
License Agreement with Kyoto Sushi and Sake Lounge, Inc.
...moved
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9.F. SPECIA~L EVENT REQUEST/DELPJ~Y AFFAIR: Consider a
request from the Chamber of Commerce for special event approval
for the Delray Affair to be held April 28-30, 2000.
moved to approve the special event request for the
Delray Affair subject to staff's recommendations including the
following exceptions: Approve use of parks with the stipulation
that the Parks and Recreation Director has input concerning the
events proposed on park property; and, grant approval of signs
per code requirements, and allow banners to be placed within
confines of the event site as may be approved by the Community
Improvement Director, seconded by
9.G. SPECIAL EVENT REQUEST/DELRAY AFFAIR 5K RUN: Consider
a request from the Chamber of Commerce for special event approv-
al for the 3rd Annual Delray Affair 5K Run & Health Walk to be
held on Saturday, April 29, 2000.
moved to approve the temporary use permit for the
special event, approval of the signage waiver, allowing signs to
be put up April 10th, approve staff support and splitting the
overtime costs 50/50 with a cap of $1,000, seconded by
9.H.
REQUEST FOR FUNDING/ATLANTIC HIGH SCHOOL BOYS CROSS
COUNTRY TEAM: Consider a request from Atlantic Community High
School for funding support to assist the Boys Cross Country Team
in participating in the Nike National Indoor Track and Field
Championships which will be held in Bloomington, Indiana, in
March 2000.
Hr. Schmidt moved to approve funding support in the
amount of $500.00 for the Atlantic High School Boys Cross Coun-
try Team, seconded by Mr. Randolph. Upon roll call the Commis-
sion voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes;
Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes.
Said motion passed with a 5 to 0 vote.
9.I.
TENNIS CENTER LICENSE AGREEMENT/CARIBBEAN FESTIVAL:
Consider approval of a license agreement between the City and
the Hilagro Foundation, Inc. d/b/a the Hilagro Center for a
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Caribbean Festival event to be held at the Tennis Center on
Saturday, March 18, 2000.
Mrs. Archer moved to approve the Tennis Center License
Agreement for the Caribbean Festival, seconded by Hr. Schmidt.
Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin -
Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote.
9.0.
BID AWARD/SPORTS TURF ONE, INC. (BALLFIELD MAINTENANCE
AT POMPEY PARK): Consider approval of a bid award at an
estimated annual cost of $21,731 to the lowest responsive,
responsible bidder, Sports Turf One, Inc. (third iow bidder) for
the annual landscape maintenance contract for the Pompey Park
baseball fields, with funding from 001-4131-572-34.90 (Parks
Maintenance - Other Contractual Services).
Joe Dragon, Assistant Director of Parks and Recrea-
tion, explained that the recommendation is to award to the third
low bidder since the apparent low bidder does not have any
experience with Bermuda grass and the second low bidder likewise
has minimal experience with Bermuda grass and no experience in
sports turf maintenance. Sports Turf One, the third low bidder,
has experience with Bermuda grass sports fields and has also
provided quality service to the City in the past. Hence, the
recommendation to award to Sports Turf One as the lowest respon-
sive, responsible bidder.
Hr. Schmidt moved to approve the bid award for the
annual landscape maintenance contract for the Pompey Park ball-
fields to Sports Turf One, Inc., seconded by Mrs. Archer. Upon
roll call the Commission voted as follows: Mr. Schwartz - Yes;
Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
9.K.
CANCELLATION OF BID AWARD & RE-AWARD/READY MIX CON-
CRETE ANNUAL CONTRACT: Consider cancelling the bid award to
Callaway Concrete Company for the ready mix concrete annual
contract, and re-award the contract to Florida Rock Industries,
Inc., second iow bidder, at an estimated annual cost of
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$77,660.00 with funding from 001-3113-541-53.90 (Streets Hainte-
nance/Other Road Materials) and various capital project ac-
counts. This is a joint bid with the City of Boynton Beach.
The City Hanager explained that when the contract was
presented to the low bidder, Callaway Concrete Company, they
declined to sign it and were unwilling to commit to the price
they bid for the term of the contract. In view of this, staff
recommends that the bid award be cancelled and that the bid be
awarded to the second low bidder, Florida Rock Industries, Inc.
Hr. Randolph moved to approve the bid cancellation
with Callaway Concrete Company and re-award to Florida Rock
Industries, Inc. for the annual ready mix concrete contract.
The motion was seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mr. Randolph - Yes; Mayor A1perin
- Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes.
Said motion passed with a 5 to 0 vote.
9.L. SETTLEMENT OFFER/ELAINE WHITE V. CITY: Consider a
settlement offer in the referenced matter.
Mr. Schmidt moved to DENY the settlement offer as
recommended by the City Attorney. The motion was seconded by
Mrs. Archer. Upon roll call the Commission voted as follows:
Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr.
Schwartz - Yes; Mr. Randolph - Yes. Said motion passed with a 5
to 0 vote.
9.M.
APPOINTMENTS TO NOMINATING COMMITTEE FOR VISIONS 2010:
Appoint members to the nominating committee for the Visions 2010
initiative.
Area #1 (City Manager)
The City Manager recommended the appointment of Loren
Sheller as the Area ~1 representative to the Visions 2010 Nomi-
nating Committee. Mrs. Archer so moved, seconded by Mr. Ran-
dolph. Upon roll call the Commission voted as follows: Hr.
Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Ran-
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dolph - Yes; Mayor Alperin - Yes.
to 0 vote.
Said motion passed with a 5
Area #2 (Commissioner Archer)
Mrs. Archer moved to appoint Arthur Antin as the Area
~2 representative to the Visions 2010 Nominating Committee. The
motion was seconded by Hr. Schmidt. Upon roll call the Commis-
sion voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes;
Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes.
Said motion passed with a 5 to 0 vote.
Area #3 (Commissioner Schwartz)
Mr. Schwartz moved to appoint Jay Felner as the Area
~3 representative to the Visions 2010 Nominating Committee. The
motion was seconded by Mrs. Archer. Upon roll call the Commis-
sion voted as follows: Mr. Schwartz - Yes; Mr. Randolph - Yes;
Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
Area #4 (Commissioner Schmidt)
Hr. Schmidt moved to appoint Ann Koplas as the Area ~4
representative to the Visions 2010 Nominating Committee. The
motion was seconded by Mrs. Archer. Upon roll call the Commis-
sion voted as follows: Mr. Randolph - Yes; Mayor A1perin - Yes;
Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said
motion passed with a 5 to 0 vote.
Area #5 (Commissioner Randolph)
Mr. Randolph moved to appoint Alfred Straghn as the
Area ~5 representative to the Visions 2010 Nominating Committee.
The motion was seconded by Hr. Schmidt. Upon roll call the
Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt -
Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes.
Said motion passed with a 5 to 0 vote.
Area #6 (Mayor Alperin)
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Hayor Alperin stated that he wished to appoint Bill
Wood as the Area ~6 representative to the Visions 2010 Nominat-
ing Committee. Hrs. Archer so moved, seconded by Hr. Schmidt.
Upon roll call the Commission voted as follows: Hr. Schmidt -
Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes;
Mayor A1perin - Yes. Said motion passed with a 5 to 0 vote.
Area #7 (City Attorney)
The City Attorney submitted the following three names
for consideration: Frank McKinney, Dr. Frank Boyer, and Kevin
Warner. Mr. Schmidt moved to appoint Frank Boyer as the Area ~7
representative to the Visions 2010 Nominating Committee. The
motion was seconded by Mrs. Archer. Upon roll call the Commis-
sion voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes;
Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes.
Said motion passed with a 5 to 0 vote.
9.N.
REQUEST FOR DIRECTION/POMPEY PARK ADVISORY COMMITTEE:
Provide direction concerning the Pompey Park Advisory Committee.
The City Manager stated that there are several vacan-
cies on this particular board and staff has been unable to find
people interested in appointment to the committee. At this
point, direction is needed from the Commission on how to pro-
ceed. The committee can either be disbanded, or else assistance
is needed from the Commission in efforts to recruit people that
have some interest in this and are willing to take the initia-
tive and become more involved. In the first two or three years
the board met on a fairly regular basis, but in the last couple
of years it has been something of a struggle. The records in
the Clerk's office indicate that the last meeting was held in
February 1998.
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During discussion, Hr. Randolph commented that this
board basically came about as a result of the beach unrest
several years ago. The committee was formed to try to get some
control and have some advice from the community concerning some
of the problems that were perceived as problems. Hr. Randolph
stated that he felt the board had served its usefulness and he
did not see where it really needed to be continued.
Hr. Randolph moved to disband the Pompey Park Advisory
Committee, seconded by Hr. Schmidt. Upon roll call the Commis-
sion voted as follows: Mr. Schwartz - Yes; Mr. Randolph - Yes;
Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
9.0.
REPLACEMENT APPOINTMENT/SOUTH COUNTY JURY TRIAL FEASI-
BILITY COMMITTEE: Consider appointing a replacement for Commis-
sioner Wright to serve on the South County Jury Trial Feasibili-
ty Committee.
After discussion, it was the consensus of the City
Commission to postpone action on this item until the next regu-
lar meeting so that additional information could be provided
concerning whether or not it would be appropriate to have two
elected officials (Hayor Alperin and Commissioner Schwartz)
serve on the committee or perhaps P.R.0.D. might have another
recommendation.
9.P.
Bid awards for replacement vehicles from various
vendors; via Florida Sheriffs Association contract as specified
in Attachment "B", Florida State contract as specified in
Attachment "C", and outside vendors at a total cost of $467,011,
with funding from 501-3312-591-64.20 (City Garage Vehicle
Replacement - Automotive).
approved 5-0
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At this point, the time being 6:00 p.m., the City
Commission moved to the duly advertised Public Hearings portion
of the agenda.
10.
PUBLIC HEARINGS:
None
11.
Comments and Inquiries on Non-Agenda Items from the
Public-Immediately following Public Hearings.
ll.A. City Manager's response to prior public comments and
inquiries.
The City Manager had no
comments and inquiries.
ll.B. From the Public.
ll.B.1.
ll.B.2.
ll.B.3.
response to prior public
ll.B.4.
12.
FIRST READINGS:
12 .A. ORDINANCE NO. 2-00: An ordinance amending Chapter 56, "Stormwater", Section
56.04, "Definitions", of the City Code by removing the definitions of "Director" and
"Department", and amending Section 56.17, "Adjustment of Stormwater Management Assessments", by
adding the definition of the term "Director". If passed, a public hearing will be scheduled for
February 15, 2000.
The City Manager presented Ordinance No. 2-00:
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING CHAPTER 56, "STORMWATER", SECTION 56.04,
"DEFINITIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, BY REMOVING THE DEFINITION OF "DIRECTOR" AND BY REMOVING THE
DEFINITION OF "DEPARTMENT"; AMENDING SECTION 56.17, "ADJUSTMENT OF
STORMWATER MANAGEMENT ASSESSMENTS", BY ADDING THE DEFINITION OF THE
TERM "DIRECTOR"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(Copy of Ordinance No. 2-00 is on file in the City
Clerk's office.)
moved to approve Ordinance No. 2-00 on FIRST Reading,
seconded by
12.B. ORDINANCE NO. 3-00: An ordinance rezoning four
properties located at the southwest corner of Palm Trail and
McKee Lane from R-1-A (Single Family Residential) District to RM
(Medium Density Residential) District. If passed, a quasi-judi-
cial public hearing will be scheduled for February 15, 2000.
The City Manager presented Ordinance No. 3-00:
AN ORDINANCE OF THE CITY COHHISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED R-1-A (SINGLE
FAMILY RESIDENTIAL) DISTRICT IN THE RM
(MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY)
DISTRICT: SAID LAND BEING FOUR PROPERTIES
GENERALLY LOCATED AT THE SOUTHWEST CORNER OF
PALM TRAIL AND McKEE LANE, AS MORE PARTICU-
LARLY DESCRIBED HEREIN; AMENDING "ZONING MAP
OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(Copy of Ordinance No. 3-00 is on file in the City
Clerk's office.)
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moved to approve Ordinance No. 3-00 on FIRST Reading,
seconded by
13.
13 .A.
13 .B.
13.C.
Comments and Inquiries on Non-Agenda Items.
City Manager.
City Attorney.
City Commission.
Hayor Alperin declared the meeting adjourned at 7:30
p.m., for the Closed Attorney/Client Session. The meeting recon-
vaned at 8:05 p.m.
14. CLOSED ATTORNEY/CLIENT SESSION pursuant to
286.011(8) re: Scheinberg, et al. v. City of Delray Beach.
P.S.
Attendees: Mayor Jay Alperin
Commissioner Pat Archer
Commissioner David Randolph
Commissioner David Schmidt
Commissioner Bill Schwartz
City Manager David T. Harden
City Attorney Susan A. Ruby
Assistant City Attorney Jay Jambeck
A certified court reporter
Purpose: Discuss settlement negotiations and
strategy related to litigation expenditures in the referenced
case.
Discussion regarding the potential sale of Lavers for
$750,000.00.
direction to proceed with potential purchase, etc.
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There being no further business, Mayor Alperin de-
clared the meeting adjourned at 8:30 P.M.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of
Delray Beach, Florida, and the information provided herein is
the minutes of the meeting of said City Commission of February
1, 2000 which minutes were formally approved and adopted by the
City Commission on
City Clerk
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
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review and approval which may involve some amendments, additions
or deletions.
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A certified court reporter
Purpose: Discuss settlement negotiations and
strategy related to litigation expenditures in the referenced
case.
Mayor Alperin reconvened the regular meeting at 8:05
p.m.
Prior to adjournment, the City Manager stated that the
tennis courts, clubhouse and swimming pool at the Layer's Rac-
quet Club facility are on the market at an asking price of
$750,000. In discussing this with the Tennis Center Manager,
there is a need for additional clay courts. If the Commission
wished to consider this matter further, staff would proceed with
the required advertising and letter of intent, as there is a
formal process that the City would have to go through.
After discussion, it was the majority consensus of the
City Commission to direct staff to proceed as outlined by the
City Manager.
There being no further business,
adjourned by Mayor Alperin at 8:30 p.m.
the meeting was
City Clerk - f
ATTEST:
T~e undersigned is the City Clerk of the City of Delray Beach,
Florida, and the information provided herein is the minutes of
the February 1, 2000 City Commission Regular Meeting, which
minutes were formally approved
sion on ~,~~ /.6'._/ ~C~O_.
and adopted by the City Commis-
..... ~City Clerk '- '
NOTE TO READER: If the minutes you have received are not com-
pleted 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.
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2/01/00