Loading...
09-21-99 SEPTEMBER 21, 1999 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. on Tuesday, September 21, 1999. 1. 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 Pastor I.C. Spivey with Lake Ida Church of Christ. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Aqenda Approval. The City Manager stated that Item 7.C., Presentation by Professional Engineering Consultants (P.E.C.) on the compre- hensive infrastructure capital program, should be removed from the agenda. Because of the weather and some changes in the management plan, representatives from P.E.C. were not able to attend tonight's meeting. The presentation will be rescheduled for a future meeting. Mr. Schmidt moved to approve the agenda as amended, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Mr. Randolph moved to approve the Minutes of the Special Meeting of August 31, 1999, seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to approve the Minutes of the Regu- lar Meeting of September 7, 1999, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 6__. Proclamations: 6.A. Recognizing and commending the Ocean Rescue Lifeguard Competition Team on their achievements at the 1999 United States Lifesaving Association National Lifeguard Championships Mayor Alperin read and presented a proclamation recog- nizing and commending First Place Winners Lt. Heather Hansen and Ocean Lifeguard EMT Tom Swift, and for superior achievement Lt. Eric Feld, Tom Hemenway, Amy Schwarz, Aaron Hamerling, Jim McLaughlin, Henry Kamiya, Chris Wiley, Brent Tracy and Mark Henkle, all for their outstanding representation of the City of Delray Beach and congratulating them on a job well done for placing 9th overall in the 1999 United States Lifesaving Associa- tion National Lifeguard Championships held on August 6 & 7, 1999, in Cape May, New Jersey. Beach Supervisor Rich Connell, along with several members of the 1999 Lifeguard Competition Team, came forward to accept the proclamation and expressed appreciation to the City Commission for taking the time to acknowledge the team members and their efforts and achievements. 7. Presentations: 7.A. City Livability Award by Ralph Velocci, Regional Vice President, Waste Manaqement. Mayor Alperin announced that the representative from Waste Management was unable to make it to the meeting due large- ly to the weather. However, he explained that some months ago the City had submitted an application to Waste Management's City Livability Award, a program of national recognition, for the Police Department's volunteer program and was notified that the City had received an Honorable Mention in this regard. Mayor Alperin then introduced the following members of the Police Department's Volunteer Advisory Committee: Mr. Paul Smith, Mr. Warren Beer, Mr. Tom Adams and Mr. Mel Sacharowo Police Chief Richard Overman expressed his apprecia- tion to these gentlemen as well as to the other members of the advisory committee and all of the individuals who participate in the volunteer program. He also acknowledged Commissioner Wright's contribution in helping to start the program in Delray Beach. Chief Overman gave a brief description of the types of activities handled by the volunteers, ranging from traffic enforcement to community patrols, noting that their efforts provide valuable service and save the City a considerable amount of money. He is extremely proud of their contributions and wished to publicly acknowledge what a terrific group of people 09/2 /99 they are for their public support and participation in the volunteer program. 7.B. Senator Ron Klein - Ceremonial Check in the amount of $100,000.00 from the Department of Envirom_mental Protection for the Pompey Park Ballfields. This item was deferred pending Senator Klein's arrival at the meeting. 7.C. Professional Enqineerinq Consultants (P.E.C.) on the comprehensive infrastructure capital program. This item was removed from the agenda; to be resched- uled for a future meeting. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. AGREEMENT FOR SIDEWALK IMPROVEMENTS/WINDSOR COURT: Approve an agreement between the City and Windsor Court Delray Homeowner's Association, Inc. to allow the deferral of sidewalk improvements along Gleason Street and Bay Street associated with the Windsor Court townhouse development. 8.B. EXTENSION OF DEP CONTRACT/FUNDING FOR BEACH NOURISH- MENT PROJECT: Approve Amendment #4 to DEP Contract No. C-7115 to extend the agreement between the City and the Florida Depart- ment of Environmental Protection, through which funds are reim- bursed for the Beach Nourishment Project, until September 30, 2000. 8.C. ACCEPTANCE OF RIGHT-OF-WAY DEEDS/ST. VINCENT FERRER CHURCH AND SCHOOL: Accept five (5) separate right-of-way deeds from the Diocese of Palm Beach associated with planned improve- ments to St. Vincent Fetter church and school located at the southeast corner of George Bush Boulevard and N.E. 8th Avenue (840 George Bush Boulevard). 8.D. INTERLOCAL AGREEMENT WITH THE CRA REGARDING WEST ATLANTIC AVENUE IMPROVEMENTS: Approve an interlocal agreement between the City and the Community Redevelopment Agency (CRA) wherein the City agrees to enter into a Joint Participation Agreement and a Local Agency Program Agreement with the Florida Department of Transportation to enable the CRA to receive ISTEA funding, and to direct and supervise the construction of certain improvements along West Atlantic Avenue. 8.E. GRANT APPLICATION FOR PLAYGROUND EQUIPMENT AT POMPEY PARK: Authorize submitting an application to the Florida Recrea- tion Development Assistance Program (FRDAP) for grant funding in the amount of $45,900 to assist with replacing the playground equipment at Pompey Park with the "Orbitor One" play system. The total project cost is estimated at $61,200 with the City's -3- 09/21/99 share of $15,300 to be funded from 334-4172-572-63.04 (General Capital Improvement Fund - Pompey Park Playground). 8.F. TRAINING AGREEMENT RENEWAL/SCHOOL BOARD OF PALM BEACH COUNTY: Approve renewal of the agreement between the School Board of Palm Beach County and the City for vocational education programs for City employees for the period July 1, 1999 through June 30, 2002. 8.G. WEED AND SEED TRANSFER AGREEMENT: Approve an amended interlocal agreement by and between the Board of County Commis- sioners, the Palm Beach County Sheriff's Office and the City for the transfer of the management, operations and staff of the Countywide Administrative Component of the Weed and Seed Program from the Sheriff's Office to the City, as clarified with respect to employee benefits and a cancellation provision. 8.H. CLOSEOUT CHANGE ORDER #2 & FINAL PAYMENT/CHAZ EQUIP- MENT CO., INC. (DOTTEREL ROAD RECONSTRUCTION & BAY STREET UTILI- TY/ROAD IMPROVEMENTS): Approve closeout Change Order %2 in the amount of $2,823.79 and final payment in the amount of $20,328.08 to Chaz Equipment Co., Inc. for completion of the Dotterel Road reconstruction project and water main installa- tion, storm drainage installation and road reconstruction of Bay Street from Venetian Drive to Gleason Street, with funding from 442-5178-536-63.51 (W&S Renewal & Replacement - Sewer Mains). 8.I. CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/GILMORE ELECTRIC CO., INC. (HAND'S PARKING LOT LIGHTING): Approve closeout Change Order %1 in the amount of $2,998.00 and final payment in the amount of $3,958.11 to Gilmore Electric Co., Inc. for completion of the Hand's parking lot lighting project, with funding from 334-3162-541-63.15 (General Construction Fund - Downtown Parking Lots). 8.J. CLOSEOUT CHANGE ORDER #2 & FINAL PAYMENT/COLONNA CONSTRUCTION CO., INC. (A1A SIDEWALK IMPROVEMENTS & OSCEOLA PARK ALLEY IMPROVEMENTS): Approve closeout Change Order #2 in the net deduct amount of $2,426.58 and final payment in the amount of $3,236.13 to Colonna Construction Co., Inc. for completion of the referenced projects, with funding as follows: ($5,135.00) from 334-3162-541-63.11 (General Construction Fund - Bike Paths/Sidewalks), ($200.00) from 448-5411-538-63.90 (Stormwater - Other Improvements), and $2,908.42 from 442-5178-536-63.50 (R&R Water Mains). 8.K. CLOSEOUT CHANGE ORDER #3 & FINAL PAYMENT/JAM-ROCK, INC. (S.W. 4TH STREET/S.W. 6TH AVENUE SIDEWALK IMPROVEMENTS): Approve closeout Change Order #3 in the amount of $16,951.96 and final payment in the amount of $19,274.36 to Jam-Rock, Inc. for completion of sidewalk construction on S.W. 4th Street, S.W. 6th Avenue, S.W. 7th Avenue and S.W. llth Street at Pine Grove Park, and on the south side of Lake Ida Road from Davis Road to Coral Way, with funding from 334-3162-541-63.11 (General Construction -4- 09/21/99 Fund Bikepaths/Sidewalks), 118-1965-554-63.11 (Community Devel- opment - Bikepaths/ Sidewalks), and 442-5178-536-63.50 (W&S Renewal & Replacement - Water Mains). 8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period of September 7th through September 17, 1999. 8.M. AWARD OF BIDS AND CONTRACTS: 1. Bid award in the amount of $37,399.78 to American La France Medic Master Corp. for the purchase of eleven (11) Automatic External Defibrillators, with 75% of the funding {$28,050) to come from a state grant and the remaining 25% match ($9,349.78) from Paramedic Account #115-0000-248-64o00. 2. Bid award in the amount of $22,842 to Wynn & Sons Environmental Construction, Inc., via Palm Beach County contract, for the replacement and repair of approximately 846 square yards or approximate- ly 1,624 linear feet of concrete sidewalk on Swinton Avenue, Dixie Boulevard and N.E. 2nd Avenue, with funding from 334-3162-541-46.90 (General Construction Fund - Other Repair & Maintenance). 3. Purchase award in the amount of $24,476.00 to Lynn Pevey Company, sole source provider, for the purchase of an AFIX Tracker (Automatic Finger- printing Identification) System for the Police Department, with funding from 115-2114-521-64.11 (Bureau of Justice Assistance Block Grant - Computer Equipment). Mr. Schmidt moved to approve the Consent Agenda, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. MUNICIPAL GOLF COURSE MANAGEMENT AGREEMENT/BJCE, INC. (d/b/a DUBIN & ASSOCIATES): Consider approval of an agreement between the City and BJCE, Inc. (d/b/a Dubin & Associates) to provide for management services at the Municipal Golf Course and at the Lakeview Golf Course for the period October 1, 1999 through September 30, 2004° The City Attorney stated there is a change on page 4, paragraph 9. (Performance Bonus) of both the Golf Course Manage- -5- 09/21/99 ment Agreement and the Tennis Center Management Agreement. The second to last sentence of the paragraph currently reads, "The goals and objectives shall be established on a yearly basis by October 1 of the year preceding the year in which the bonus is to be paid." This is being changed to read, "The goals and objectives shall be established on a yearly basis by October 15 of the year preceding the year in which the bonus is to be paid." On question from Mayor Alperin concerning paragraph 15. (Limited Waiver of Subrogation Rights) on page 6, the City Attorney explained that the City carries property insurance with a deductible. The issue was whether to duplicate that insurance by requiring Dubin, as the operator, to have this insurance as well. Because the City picks up all costs of insurance, it seemed to be an extra expense. However, the operator, to pro- tect himself, would not want the insurance company to come after him after the insurance company paid the City. The only way he could protect himself would be to get insurance for the total amount. That is why they wanted the waiver of subrogation rights, so that the insurance company could not go against them to collect. On further question from Mayor Alperin as to the City assuming responsibility for the alcoholic beverage license, the City Attorney stated that the City has always had this responsi- bility. At the time of termination of the management agreement, Dubin would then transfer the license to the City. However, the City pays all costs and expenses associated with maintaining the alcoholic beverage license. On question from Mr. Wright, Mr. Barcinski stated that the length of the previous management contract with Mr. Dubin was also for five (5) years. Mrs. Archer commented that there is a provision in the golf course contract (paragraph 17 on page 6) for use of the golf course, but there is no such reference for the tennis courts. As to the reason for this, the City Manager responded that the golf course use is more or less traditional in the golf course business and there is not a comparable tradition in tennis. On question from Mr. Randolph as to termination provi- sions, the City Attorney stated that if cause exists to termi- nate the agreement there is a reasonable period where Dubin can correct whatever violation of contract there is and, if correct- ed, then there would not be a termination. However, the City also has the ability to terminate the agreement without cause upon giving certain notice and a severance amount. Mrs. Archer moved to approve the Municipal Golf Course Management Agreement with the one change of the date from Octo- ber 1 to October 15 on page 4, paragraph 9. (Performance Bonus). The motion was seconded by Mr. Schmidt. Upon roll call the -6- 09/21/99 Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.B. TENNIS CENTER MANAGEMENT AGREEMENT/BJCE, INC. (d/b/a DUBIN & ASSOCIATES): Consider approval of an agreement between the City and BJCE, Inc. (d/b/a Dubin & Associates) for manage- ment services at the Delray Beach Tennis Center for the period October 1, 1999 through September 30, 2004. Mr. Wright stated that in his discussions with Mr. Dubin concerning the tennis center agreement, one of Mr. Dubin's comments was that he needs more direction as far as events and many other things that have to do with the tennis center. Mr. Wright suggested that the Commission discuss this matter at a workshop meeting as opposed to just having goals and objectives given to the Commission without any real chance for input. It was the consensus of the City Commission to sched- ule this item for the October 12, 1999 work session. Mr. Wright moved to approve the Tennis Center Manage- ment Agreement with the one change of the date from October 1 to October 15 on page 4, paragraph 9. (Performance Bonus). The motion was seconded by Mr. Schmidt. Upon roll call the Commis- sion voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:20 p.m., Mayor Alperin noted the arrival of Senator Klein at the meeting. The Commis- sion returned to Item 7.B. 7.B. Senator Ron Klein - Ceremonial Check in the a.mount of $100,000.00 from the Department of Environmental Protection for the Pompey Park Ballfields. Senator Klein came forward along with Representative William F. Andrews. They presented to the City Commission a ceremonial check in the amount of $100,000.00 signifying the matching contribution by the State to the local contribution for the upgrading of the ballfields and lighting at Pompey Park. As general information, Senator Klein stated the Legislature is currently in committees which occur one week per month through the end of the year and into January and February prior to the beginning of the legislative session in March. He pointed out that this is the time to hear from constituents and local governments about the issues so they can be incorporated into the process. Bills are being filed and the committees are hearing them, so now is the time to hear from the community if there are issues of concern. -7- 09/21/99 Representative Andrews stated that, at his request, the Speaker moved him from General Appropriations to Transporta- tion and Economic Development which includes cultural affairs. He encouraged the City to work with him to find out what all is encompassed in this area and what the City's needs may be, especially insofar as Old School Square is concerned. In conclusion, Senator Klein commented that he is the rotating chair of the Legislative Committee on Intergovernmental Relations which has the responsibility of working with the federal government to try to ensure that Florida draws down it's fair share of dollars from Washington, D.C. The committee also works to make sure that the municipal, county and state govern- ments are working well together. One of the big priorities for the coming year is to make sure that Florida is correctly count- ed in the Year 2000 Census because every person that is counted (or not counted) has a direct impact over the next ten years on Florida getting or not getting its per capita share of federal funds on everything from transportation to health and social services. He stressed the importance of getting the word out through mailings and other means about making sure people are counted in the census. At this point, the time being 6:28 p.m., the Commis- sion returned to the regular agenda. 9.C. RESOLUTION NO. 59-99: Consider approval of a resolu- tion authorizing the acquisition of certain property located at 108 N.W. 2nd Avenue, and accepting the contract stating the terms and conditions for the sale and purchase between the Seller and the City. The City Manager presented Resolution 59-99: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PUR- CHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPO- RATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 59-99 is on file in the City Clerk's office.) The City Manager stated that this is the property immediately north of the tennis center retention area. The acquisition of this property will allow the City to move the retention area further north and build the two additional hard courts where the retention area currently exists. Mr. Wright moved to approve Resolution No. 59-99, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - 8 09/21/99 Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.D. IN-LIEU OF PARKING FEE FOR ACCENTS AND DECOR ICE CREAM SHOP: Consider approval of a request to allow the payment of an in-lieu of fee for one (1) parking space associated with the addition of a 1,200 sq.ft, ice cream shop along the west side of the Accents and Decor home furnishing store located at the northwest corner of East Atlantic Avenue and Pineapple Grove Way (N.E. 2nd Avenue). Diane Dominguez, Director of Planning and Zoning, stated the proposed 1,200 square foot addition for the ice cream shop is being built over a portion of the existing 14 space parking lot for Accents and Decor. At a rate of one space per 300 sq.ft., the addition generates a requirement for four (4) more spaces, or a total of 18 spaces. The CBD regulations allow a one-time reduction of one parking space associated with the creation of new floor area, reducing the requirement to 17 spaces. The parking lot is being reconfigured and will accommo- date 16 parking spaces. The applicant has requested approval to pay an in-lieu of parking fee of $12,000 for the remaining required space. The Parking Management Advisory Board reviewed the request on July 27, 1999, and voted to recommend approval. Mr. Wright moved to approve the payment of an in-lieu of fee for one parking space ($12,000) for the Accents and Decor Ice Cream Shop, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.E. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider a request from the Joint Venture for special event approval for the October 21, 1999, Art & Jazz, including tempo- rary use permits for street closures, staff support, use of City equipment, and specified overtime costs. Mr. Randolph moved to approve the special event re- quest for the October 21, 1999, Art & Jazz on the Avenue as recommended by staff. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.F. FUNDING FOR SPECIAL EVENTS & CHARITABLE ORGANIZA- TIONS: Consider approval of the recommended funding allocations for special events and charitable organizations for FY 2000. Robert A. Barcinski, Assistant City Manager, explained that within the budget there is a set dollar limit for the funding of special Events and charitable organizations, and no specific organizations are designated. A staff committee has been formed in years past to make recommendations to the City -9- 09/21/99 Commission for both special events and grants. This year the committee consisted of himself, Lula Butler and Doug Randolph. The amount allocated in the FY 2000 budget for special events is $55,110.00. There were requests for $93,860. In the grant budget, the amount available is $188,520 and there were requests for a total of $404,945.27. The proposed funding is what was recommended by the committee and is subject to any changes the Commission may see fit to make. Mr. Barcinski noted that no new requests were recommended for funding and, based on the avail- able dollars, some of those that did receive funding did not receive the full amount of their requests. Mrs. Archer moved to approve the recommended funding allocations for special events and charitable organizations for FY 2000. The motion was seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. 9.G. REJECTION OF BIDS/GOLF COURSE BRIDGE: Consider approv- al of staff's recommendation to reject the two bids received for the repair of the main bridge at the Municipal Golf Course and authorize staff to revise the specifications and re-bid the project. Robert A. Barcinski, Assistant City Manager, explained that the work to be performed included restabilizing the banks on the bridge approaches at the E-4 Canal which included driving piles, installing new guard rails, pressure injecting cracks in the structure, patching spalls, and resurfacing. The original estimates to do this work were around $35,000 to $40,000. Two bids were received to do the repairs, with the low bid received from CEM Enterprises in the amount of $87,000. The highest cost bid item was the sheet piling for bank stabilization. Mr. Barcinski stated that the recommendation is to reject the bids and have the Engineering Division take another look at the project design to see if there is another way to approach it. A private engineering firm did the initial specifications. Mr. Barcinski noted that when the smaller cart bridge was repaired, it was stabilized in a different way other than by driving piling and he wanted that method to be looked at for the main bridge. Mrs. Archer moved to reject bid number 99-44 in the amount of $87,000 from CEM Enterprises and authorize staff to redesign and re-bid the project. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.H. CONTRACT AWARD/MURRAY LOGAN CONSTRUCTION (KNOW-LES PARK BOAT RAMP REMOVAL & REPLACEMENT PROJECT): Consider approval of a contract award in the amount of $87,010.00 to Murray Logan -10- 09/21/99 Construction, Inc., second low bidder, for construction of the Knowles Park Boat Ramp Removal and Replacement project, with funding from 334-4179-572-63.90 (General Construction Fund - Knowles Park). Mrs. Archer moved to approve the contract award in the amount of $87,010.00 to Murray Logan Construction, Inc. for construction of the Knowles Park boat ramp removal and replace- ment project. The motion was seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alpe- rin - Yes. Said motion passed with a 5 to 0 vote. 9.I. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint a business owner/operator representing the Atlantic Avenue and State Road A1A corridors lying east of the Intracoas- tal Waterway to the Parking Management Advisory Board to fill an unexpired term ending January 31, 2000. The appointment will be made by Commissioner Randolph. Commissioner Randolph moved to appoint Francis A. Marincola to the Parking Management Advisory Board in the capaci- ty of business owner/operator representing the Atlantic Avenue and State Road A1A corridors lying east of the Intracoastal Waterway, to fill an unexpired term ending January 31, 2000. The motion was seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:40 p.m., the City Commission moved to Item 11., Comments and Inquiries on Non-Agen- da Items from the Public. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. 11.A. City Manager's response to prior public comments and inquiries. There were no responses from the City Manager. 11.B. From the Public. 11.B.1. Carolyn Zimmerman, 212 S.W. 2nd Avenue, expressed her concern that the residents of the City feel their basic needs are not being addressed and City officials are not listening to them. She felt that streetlights, unpaved and pot-holed roads and alleys, and water and sewer needs are being put aside for roundabouts and changing one-way streets to two-way streets. She stated that residents feel they are not being made aware of what is going on in the community and cited the decision to close N.W. 3rd Avenue for the tennis center as an example. Also, high density is being proposed without listening to the -11- 09/21/99 residents. Ms. Zimmerman urged the Commission to listen to the needs of the community and not to outside developers. 11.B.2. Carolyn Holder, 102 S.W. 9th Avenue, stated she is the property manager and representative for Dr. Roy Mitchell who owns the property referred to as the Palm Manor apartments on S.W. 9th Avenue. She was present to speak to the allegations which she understood were made in recent weeks about there not being a hotel/motel license for the lodging establishment. There is indeed a license, a copy of which Ms. Holder stated she provided to the City Manager once she became aware of the allega- tions. Ms. Holder stated the area on S.W. 9th Avenue where Dr. Mitchell's property is located is a high crime neighborhood, and in support of this she submitted a Police Department printout of criminal activity reported and responded to since 1997. She continued that she has been Dr. Mitchell's property manager for the past four years. He does not tolerate or allow any drug or other illegal activity on his property. As his representative, Ms. Holder stated she is responsible for seeing to it that the residents follow the rules and conduct themselves in a manner conducive to the peaceful enjoyment of the premises by all of the tenants. 12. FIRST READINGS: None 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager. The City Manager stated he will be out of the office from Friday, September 24th, through Thursday, September 30, 1999, as he will be attending the International City Managers Conference. 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Commissioner Schmidt, in response to the comments made by Ms. Holder, stated that he was the one who asked the City Manager at the last meeting to look into the situation with the apartments on S.W. 9th Avenue. He wanted Ms. Holder to under- stand that his inquiry of the Manager was not accusing her of doing anything improper. Some residents came to the last meet- ing and made allegations that the Police were removing people from the property with the misunderstanding of the type of license that was held. They also made allegations that the property did not hold the hotel/motel license. Mr. Schmidt stated that he merely asked the City Manager to confirm that the property did, in fact, have that type of license, that that was the type of establishment being operated, and to insure that the Police had the correct understanding of the type of license held -12- 09/21/99 SO that they were not removing people under an incorrect assump- tion as to the type of license held. That was strictly the basis for his request to the City Manager. He just wanted to make sure that everyone was operating on the same page as to the type of establishment that Ms~ Holder is authorized to operate. 13.C.2. Commissioner Archer had no comments or inquiries. 13.C.3. Commissioner Wriqht had no comments or inquiries. 13.C.4. Commissioner Randolph had no comments or inquiries. 13.C.5. Mayor Alperin commented that he had received a letter from County Commissioner Mary McCarty concerning the Lake Ida Road widening project between Congress Avenue and Military Trail. He asked that a copy of the letter be provided to the rest of the City Commission and that the item be scheduled for discussion at the October 12th work session inasmuch as a re- sponse is needed by the County. The City Manager commented that staff has been working on this and will have some recommendations at the workshop. At this point, the time being 6:50 p.m., Mayor Alperin declared a recess until 7:00 p.m. Mayor Alperin reconvened the meeting at 7:00 p.m. and the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 60-99 (MILLAGE LEVY): A resolution levying a tax on all properties within the City of Delray Beach for maintenance and operation, and for payment of principal and interest on bonded indebtedness, for FY 2000. Prior to consider- ation of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager present Resolution No. 60-99: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 60-99 is on file in the City Clerk's office.) -13- 09/21/99 The City Attorney publicly stated that Resolution No. 60-99 levies a tax on all properties in the City of Delray Beach for FY 2000 in the amount of 6.91 mills for operation and mainte- nance of the General Fund and 0.74 mills for the payment of principal and interest on bonded indebtedness, for a total of 7.65 mills as the millage rate. The millage rate of 7.65 mills is five-hundredths of a mill less than FY 1999. The rolled back rate calculated under the TRIM law for operating purposes is 6.64 mills. The millage rate of 7.65 mills is 4.08% above the rolled back rate. The City Manager stated that he is required by statute to comment about the reasons for the increase in the millage rate above the rolled back rate. The things that are being funded with this increase are $334,268 for a Police officer attrition reduction plan, and pay plan adjustments for blue collar employees amounting to $97,270. Also, because of the rate reduction implemented by Florida Power & Light, the City's revenue projections for the electric franchise are decreasing by $124,000 and electric utility tax will be down by $126,000. Further, for the past three years the City has had a COPS Univer- sal hiring grant for the hiring of five (5) Police officers. The amount of that grant in the prior year was $125,000. That grant has expired so that had to be replaced with additional funds. The City Manager stated that the foregoing are the primary uses of the additional money that will be raised by the increase above the rolled back rate. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. There being no one who wished to address the City Commission, the public hearing was closed. Mr. Randolph moved to approve Resolution No. 60-99, seconded by Mr. Wright. Prior to roll call, Mayor Alperin commented that the City Commission set the tentative millage rate at 7.65 mills back in July. He asked the City Attorney what the effects would be if, in fact, the Commission voted at this point not to adopt the 7.65 millage rate? The City Attorney explained the ramifications if the millage rate was not passed at this meeting, including the potential loss of state revenues for fiscal year 2000 and the probability that the City would have to fund out of reserves since there would be no formal levy for ad valorem tax purpos- es. She noted that at this point there is really no legal way to go above the tentative rate that was set previously. -14- 09/21/99 Mr. Schmidt stated that he has gone on record opposing the reduction in the millage rate and he stands by that, but he would vote in favor of the millage levy resolution just so that the City will have a budget and millage levy in place. He would not want to see the City put into a precarious position as explained by the City Attorney. Mrs. Archer stated that she, too, would vote in favor of the resolution because of that issue. However, being new to the budget process, she was not really aware of all of the ramifications involved. If she had been, she likely would have argued more strongly for maintaining the millage rate that was originally proposed by the City Manager. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.B. R~SOLUTION NO. 61-99 (MILLAGE LEVY/DDA): A resolution levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2000. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 61-99: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLEC- TIONS THEREUNDER. (The official copy of Resolution No. 61-99 is on file in the City Clerk's office.) The City Attorney publicly stated that Resolution No. 61-99 levies a tax in the amount of 1.00 mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2000. This millage exceeds the 0.95 rolled back rate calculated under the TRIM law by 5.31%. A public was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. There being no one who wished to address the City Commission, the public hearing was closed. Mr. Schmidt moved to approve Resolution No. 61-99, seconded by Mrs. Archer. Upon roll call the Commission voted as -15- 09/21/99 follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. 10.C. RESOLUTION NO. 62-99 (BUDGET ADOPTION FOR FY 2000): A resolution making appropriations of sums of money for all neces- sary expenditures of the City of Delray Beach for the period October 1, 1999 through September 30, 2000. Prior to considera- tion of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution 62-99: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPRO- PRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1999, TO THE 30TH DAY OF SEPTEMBER, 2000; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVI- SIONS WITH RESPECT TO THE ITEMS OF APPROPRIA- TIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (The official copy of Resolution 62-99 is on file in the City Clerk's office.) The City Manager stated that staff did a final review of the capital improvement plan last week and there are some changes he would ask the City Commission to make through the approval and adoption of an amended Exhibit "A" to Resolution No. 62-99. In the Marina Fund there is a project to be funded from prior year reserves brought forward, increasing the project reserve to $141,400. From Water and Sewer Connection Fees, there is an increase to the Venetian Drive project budget from $77,000 to $372,000, decreasing the project reserve to $346,290. In the Municipal Golf Course budget, we are adding the traffic calming project on the entry road (Highland at a cost of $53,000 which decreases the project reserve to $48,970. In the Lakeview Golf Course budget, we are eliminating $5,000 from the Other Capital Improvements line item and increasing the project reserve to $26,840. In the Stormwater Fund, we are adding the Royal Palm Boulevard assessment ($113,250) to reve- nues, and adding the following projects: Island Drive ($105,000), Seacrest Park ($158,250) and Venetian Drive ($185,000). There is also a decrease to N.E. 2nd Avenue from $203,000 to $94,000. The S.W. 4th Avenue project ($86,000), roundabouts at $50,000 and the S.E. 4th Avenue/S.E. 5th Avenue Alley project ($94,000) are being moved to FY 2001. The total net change in the Stormwater Fund is $109,250, increasing project reserve to $7,660. The result of these changes on Exhibit "A" is that in the Enterprise Funds column, the cash -16- 09/21/99 balance brought forward will increase from $1,030,290 to $1,450,820; the Charges for Services currently shown at $28,444,900 would be slightly reduced to $28,443,950; the Miscel- laneous Revenues currently shown at $958,770 would increase to $1,071,870. Under Expenditures/Expenses, Physical Environment would increase from $15,474,800 to $15,899,050 and the Culture & Recreation line item would increase from $3,156,080 to $3,544,080. The total becomes $31,061,640. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. Speaking from the audience was the following: William F. Andrews, 217 N.E. 4th Street, inquired about the status of drainage improvements in the N.E. 4th Street/3rd Avenue area? He stated that for as long as he has lived in Delray Beach, he had never seen this area of town flooded to where the water just stood over the storm drains and did not move as a result of Hurricane Mitch when it came through this area as a tropical storm. He commented that the water was six inches deep in his office which ended up ruining some $20,000 worth of art work. He was extremely unhappy, especially after the road work was redone in front of his property about a year ago with new drainage. The City Manager responded that these improvements are included in next year's budget (FY 2001). The project title is N.E. 4th Street/N.E. 3rd Avenue roadway improvements at $459,390 budgeted in General Capital Improvements. Under Stormwater, there is another $50,000 budgeted for N.E. 4th Street. So there is a total of roughly $509,000 to improve the street all the way over to Federal Highway and take care of the drainage problem. Mr. Andrews commented that half a million dollars seems like a lot of money for such a relatively small project. The City Manager noted that about half of the dollars will be for the railroad crossing. If the City is lucky, we may be able to get some federal or state money to do that portion of the project. Mr. Andrews stated that in his capacity as state representative, since he is now on the Transportation Committee, maybe the railroad issue can be looked at. There being no one else from the audience who wished to speak on this item, the public hearing was closed. Mr. Schmidt moved to approve Resolution No. 62-99, with the amendments to Exhibit "A" as outlined by the City Manager. The motion was seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. -17- 09/21/99 Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN: Accept the Planning and Zoning Board's finding that the proposed Capital Improvement Plan and Capital Improvement Budget are consistent with the Comprehensive Plan, and approve same. Mr. Schmidt moved to accept the Planning and Zoning Board's finding that the proposed Capital Improvement Plan and Capital Improvement Budget are consistent with the Comprehensive Plan, and approve same. The motion was seconded by Mr. Ran- dolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. At this point, Mr. Randolph remarked that he felt the residents of Delray Beach should consider themselves blessed, especially in view of what has happened in areas like North Carolina and the mid-Atlantic states with the heavy rains and flooding. Standing water in Delray Beach that will recede in a few days is far better than having people and animals on roof- tops. The City has worked hard over the years to fix a lot of the problems and Mr. Randolph felt that much has been accom- plished. Mayor Alperin concurred, especially with respect to fixing a lot of the flooding. The City used to have tremendous flooding problems in certain parts of town which over the years have been improved. There are still problems to be taken care of, but many of the problems have been solved. 10.D. ORDINANCE NO. 34-99: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code by amending Section 51.70, "Regular Charges Levied", to provide for an increase in residential and commercial collection service rates for FY 2000. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 34-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDEN- TIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2000; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. -18- (The official copy of Ordinance No. 34-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. Speaking from the audience were the following: Rosetta Rolle, 301 N.W. 3rd Avenue, expressed her opposition to the increased garbage rates. She and many others in the City are people living on fixed incomes who cannot keep up with increased charges. For clarification, Mayor Alperin stated that the 2.3% increase is what is required according to the contract with BFI as the City's waste hauler. Bill Schwartz, 3863 Live Oak Boulevard, stated that in the future the Commission ought not to worry so much about not increasing the millage levy, or decreasing it. It sounds great to have a decrease and everyone wants to have taxes reduced if it is practical to do so, but not when the residents don't have the improvements that are needed. By increasing water rates and trash collection rates in lieu of a millage levy increase, we are deluding ourselves that we are not paying more and it takes it away from being tax deductible. He asked that the Commission take this into consideration in the future. Henry Williams, resident on N.W. 3rd Avenue, stated that he did not feel the rate increase by BFI was warranted for the service that is provided. There being no one else who wished to address the City Commission, the public hearing was closed. Mr. Randolph moved to approve Ordinance No. 34-99 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 35-99: An ordinance amending Chapter 71, "Parking Regulations", of the City Code by enacting a new Section 71.030, "Immobilization ' " Regulations , to enact guide- lines governing the immobilization (booting) of vehicles on private property. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 35-99: -19- 09/21/99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY ENACTING A NEW SUBSECTION 71.030, "IMMOBILIZATION REGULATIONS", TO ENACT GUIDELINES GOVERNING THE IMMOBILIZATION OF VEHICLES ON PRIVATE PROPERTY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 35-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. Speaking from the audience was the following: William F. Andrews, who rents an office at 777 East Atlantic Avenue, Suite 226, expressed his opposition to the proposed ordinance as he felt it violates private property rights. He disagreed strongly with the Commission setting rates through the ordinance and felt it was overstepping the bounda- ries of the Commission's authority. The owner(s) of properties such as Atlantic Plaza put alot of money into them and they want their customers to be able to shop at their stores and have the convenience of finding a parking space. Mr. Andrews objected to Ordinance No. 35-99, especially since he felt there were other ways to try to control the situation. There being no one else who wished to address the City Commission, the public hearing was closed. Mr. Wright moved to approve Ordinance No. 35-99 on Second and FINAL Reading, seconded by Mr. Randolph. Prior to roll call, Mayor Alperin stated he could understand and appreciate the tenants in Atlantic Plaza object- ing to this ordinance. However, he felt that the situation got out of hand and the ordinance is a response to help create a more reasonable reaction in the future for that or any other example where this situation may occur. Mrs. Archer commented that there were not other oppor- tunities for resolution of the problem at Atlantic Plaza, there was just the booting. The Commission is only trying to regulate the booting, not necessarily any other options that might be available for resolution. The booting is a problem because of the connotation that it leaves in the minds of people who visit the City. The Commission is not saying one cannot boot, but is placing regulations on that action. -20- 09/21/99 Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Prior to adjournment, Mayor Alperin asked if there was anyone else in the audience who wished to make a comment or inquiry on any non-agendaed item? There were no additional comments. There being no further business, Mayor Alperin de- clared the meeting adjourned at 7:35 p.m. ~City Cl~rk ATTEST: The ~dnd~rsigned 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 held on September 21, 1999, which minutes were formally approved and adopted by the City Commission on O~3~__~ ,~ /999 ~it9 Cl~k - r 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. -21- 09/21/99