01-18-00JANUARY 18, 2000
A Regular Meeting of the City Commission of the City
of Delray Beach, Florida, was called to order by Mayor Jay Alpe-
rin in the Commission Chambers at City Hall at 6:00 P.M., Tues-
day, January 18, 2000.
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
Munro with St. Vincent Ferrer Church.
by Father Donald
3. The Pledge of Allegiance tO the flag of the United
States of America was given.
Agenda Approval.
Commissioner Schmidt requested that Item 8K: LICENSE
AGREEMENT FOR TENNIS CENTER SPECIAL EVENT/MAJORLEAGUE
VOLLEYBALL, INC. be moved to the Regular Agenda as Item 9AA.
Commissioner Randolph moved to approve the agenda as
amended, seconded by Commissioner Archer. 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.
A~roval of Minutes:
Commissioner Schmidt noted two corrections to Item 9 A
and 9 B in the minutes of December 7, 1999, the Deputy City
Clerk so noted. Commissioner Schmidt moved to approve the
Minutes of the Regular Meeting of December 7, 1999 as amended,
seconded by Commissioner Randolph. 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.
Commissioner Schmidt moved to approve the Minutes of
the Regular Meeting of December 14, 1999, seconded by Commission
Randolph. 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.
e
Proclamations~
6oao
Crossing Guard Appreciation Day - Februar~ 4, 2000
Mayor Alperin read and presented a proclamation
commending Crossing Guard Appreciation Day. Chief Overman came
forward and accepted the proclamation and commended Delray's
Crossing Guards for a job well done.
6.B. Extending thanks and appreciation to Ma~or Leo Erb
stein for his exem~lar~ service to the City of Delray Beach
Mayor Alperin read and presented a proclamation
commending Major Leo Erbstein for his high-spirited enthusiasm
and commitment to crime prevention and his many hours of service
to the Police Department.
6.C. Recognizing and conunending Sandra Eriksson on being
named the 1999 LPGA Teaching & Club Professional Southeast
Section Golf Professional of the Year and the 1999 LPGA Teaching
& Club Professional National Golf Professional of the Year
Mayor Alperin read and presented
Sandra Eriksson for her accomplishments as a
and her contributions to the City of Delray
forward and accepted.
a proclamation to
professional golfer
Beach. Sandra came
Presentations~
City ~olf Cham~ionshi~ Awards
Sandra Eriksson, Director of Golf made the following
City Golf Championship Awards:
DB Champion
City Champion
First Flight
Men's
Troy Wheat
Randy Morcroft
Gary Swiatlowski
Women's
Jennie Kuivawe
Dorothy Kingle
Carol Brusting
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Second Flight
Seniors
First Flight
Second Flight
Super Seniors
First Flight
Ron Consiglion
Nick Clark
Gerry Laffin
Jim Warren
Roy Seaberg
Russell Keegan, Jr.
Shirley Wolff
Madeline Transleau
7.B. "City Employees Choice" Awards Presentation
Art League Galler~ at City Hall
Delray
Mayor Alperin presented certificates to the winning
artists for the "City Employees Choice".
7.C. RESOLUTION NO. 8-00: A resolution recognizing and
commending Commissioner Michael Wright for his service to the
City of Delray Beach.
The caption of Resolution No. 8-00 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING MICHAEL T. WRIGHT FOR HAVING
SERVED THE CITY OF DELRAY BEACH WITH
DISTINCTION AND DEDICATION.
(The official copy of Resolution No. 8-00 is on file
in the City Clerk's office.)
Mayor Alperin read Resolution No. 8-00, commending
Commissioner Michael T. Wright for his excellent record of
dedicated and faithful public service.
Commissioner Archer moved to approve Resolution 8-00,
seconded by Commissioner Randolph. Upon roll call the
Commission voted as follows: Mr. Wright Yes; Mr. Randolph
Yes; Mayor Alperin - Yes; Mr. Schmidt Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
Se
CONSENT AGENDA: City Manager recommends approval.
8.A. FINAL PLAT APPROVAL/THE DANZANSKY PLAT: Approve the
final boundary plat for The Danzansky Plat, a replat of certain
property to accommodate the development of a Publix grocery
store. The subject property is located on the south side of
N.E. 6th Street, between the Federal Highway pairs (N.E. 5th &
6th Avenues).
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8.B. FINAL PLAT APPROVAL/LOST DRIVE-IN: Approve the final
boundary plat for the Lost Drive-In, a commercial development
formerly known as the Delray Swap Shop. The subject property is
located on the east side of North Federal Highway, immediately
north of the Kokomo Key subdivision.
8.C. CROSS ACCESS EASEMENT, OFF-SITE PARKING AND LANDSCAPE
MAINTENANCE AGREEMENTS/TOWERS CENTER COMMERCIAL PLAZA: Approve
and accept a Cross Access Easement Agreement, an Off-Site Park-
ing Agreement and a Landscape Maintenance Agreement associated
with the development of the Towers Center Commercial Plaza. The
subject property is located on the east side of S.E. 6th Avenue
(northbound Federal Highway), approximately 245 feet south of
S.E. 8th Street.
8.D. CONTRACT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (DEP)/FUNDING FOR BEACH NOURISHMENT PROJECT: Approve
Contract No. 99PB2 between the City and the Florida Department
of Environmental Protection which provides for funding in an
amount not to exceed $1,373,274 as the State's share of the
upcoming Beach Nourishment Project.
8 · E · REMOVED
8.F. FUNDING SUBSIDY UNDER DELRAY BEACH RENAISSANCE PRO
GRAM: Approve a funding subsidy in the amount of $10,700.00 for
an income eligible applicant under the Delray Beach Renaissance
Program, with funding from 118-1924-554-83.01 (SHIP Program),
representing the 95th homeownership assistance grant provided
through the program to-date.
SERVICE AUTHORIZATION #90/SURVEY SOUTH, INC. (S.E. 7TH
AVENUE WATER MAIN IMPROVEMENTS): Approve Service Authorization
#90 in the amount of $15,900.00 with Survey South, Inc. for
surveying services related to the S.E. 7th Avenue Water Main
Improvements project, with funding from 441-5181-536-69.22
(Water & Sewer Transmission/Storage Project SE 7th Avenue
Water Main).
8.H. CONTEACT ADDITION (C.O. #4)/PAVEX CORPORATION (MILLER
PARK & BARWICK I~%NCH ESTATES RESURFACING): Approve a contract
addition {C.O. #4) in the amount of $27,066.40 with Pavex Corpo-
ration under the 1998 Street Resurfacing contract for the resur-
facing of the north parking lot at Miller Park and completion of
the paving and striping required for the Barwick Ranch Estates
subdivision. Funding for Miller Park will be from 334-4173-572-
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63.90 (Miller Park Other Improvements) with partial
reimbursement from FEMA, while the Barwick Ranch Estates work
will be funded from the development cash bond held by the City.
8.I. CLOSEOUT CF~NGE ORDER #1 & FINAL PAYMENT/THERMA SEAL
ROOFS, INC. (LIFT STATION ROOF REPLACEMENT): Approve closeout
Change Order #1 in the amount of $524.00 and final payment in
the amount of $2,961.00 to Therma Seal Roofs, Inc. for comple-
tion of the Lift Station #50 and #80 roof replacement project,
with funding from 442-5178-536-62.10 (W&S Renewal & Replacement
- Building Rehab).
8.J. CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/GLASGOW
EQUIPMENT SERVICES (ESD UNDERGROUND FUEL STORAGE TANKS): Ap-
prove closeout Change Order #1 in the net deduct amount of
$5,000.00 and final payment in the amount of $15,462.00 to
Glasgow Equipment Services Inc. for completion of the
Environmental Services Department Underground Fuel Storage Tanks
Replacement project, with funding from 334-6112-519-64.28
(General Construction Fund - Fuel Tanks).
8.K. LICENSE AGREEMENT FOR TENNIS CENTER SPECIAL
EVENT/MAJORLEAGUE VOLLEYBALL, INC.: Approve a license agreement
between the City and Major League Volleyball, Inc. to allow the
Association of Volleyball Professionals to hold a volleyball
tournament in the Tennis Center on April 29 and 30, 2000.
MOVED TO REGULAR AGENDA AS ITEM 9 AA.
8.L. SPECIAL EVENT REQUEST/2000 BUD LIGHT BEACH VOLLEYBALL
TOURNAMENT: Approve a request from Exclusive Sports Marketing
for special event approval to allow the 2000 Bud Light Beach
Volleyball Tournament to be held May 13 & 14, 2000, at the
municipal beach.
8.M. APPOINTMENT OF WORKER'S COMPENSATION COUNSEL: Appoint
the firm of Hayes, Schloss and Alcocer, P.A. as counsel for the
City's worker's compensation cases.
8oNo
CONFIRMATION OF CLOSING/CEA, HOUSE OF GOD (CHURCH) AND
CITY PROPERTY TP~%NSACTION: Confirm the closing of the property
transaction by and among the Community Redevelopment Agency, the
House of God Church and the City as outlined in the City Attor-
ney's memorandum.
8.0. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development
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Boards for the period January 3rd through January 14, 2000.
AWARD OF BIDS AND CONTRACTS~
Bid renewal award in the estimated annual amount
of $10,404.00 to Tanner Industries, Inc., via
City of Boynton Beach co-op bid, for the purchase
of anhydrous ammonia for the Water Treatment
Plant, with funding from 441-5122-536-52.21
(Water Treatment & Storage - Chemicals).
Purchase award in the amount of $21,800.00 to
Calico Racquet Courts, Inc., sole source provid-
er, for labor costs to rehabilitate four (4) clay
courts at the Tennis Center, with funding from
001-4124-527-46.90 (Tennis Center Other Re-
pair/Maintenance Costs).
Bid award in the amount of $35,939 via Florida
Sheriffs Association contract for a 2000 Ford
Excursion 3/4 ton 4X4, as replacement for a 1994
GMC Suburban (~9411) which was wrecked on Novem-
ber 30, 1999. Funding is available from 501-
3312-591-64.20 (Garage/Vehicle Replacement
Automotive).
Commissioner Schmidt moved to approve the Consent
Agenda as amended, seconded by Commissioner 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.
REGULAR AGENDA~
9.A.A. LICENSE AGREEMENT FOR TENNIS CENTER SPECIAL
EVENT/MAJORLEAGUE VOLLEYBALL, INC.: Approve a license agreement
between the City and Major League Volleyball, Inc. to allow the
Association of Volleyball Professionals to hold a volleyball
tournament in the Tennis Center on April 29 and 30, 2000.
Commissioner Schmidt inquired as to whether the city
was responsible for the cost of 50 hotel room nights (Section 9
F of the contract). Brahm Dubin indicated the city would be
responsible for the cost of 50 hotel rooms at $89 per night
($4,450), with the entire costs for hotels, sand and police and
other security or approximately $12,500 to $15,000. The City
Manager indicated that the costs would be covered by the Tennis
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Center Revenue.
Commissioner Schmidt moved to approve the License
Agreement for Tennis Center Special Event/Major Volleyball,
Inc., seconded by Commissioner Archer. Upon roll call the
Cormmission voted as follows: Mr. Schmidt - Yes; Mrs. Archer;
Mr. Wright Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said
motion passed with a 5 to 0 vote.
9.A. APPEAL OF HISTORIC PRESERVATION BOARD DECISION/SILBER
STEIN OFFICE BUILDING: Consider an appeal of the Historic
Preservation Board's conditions of approval for the Silberstein
Office Building (COA-399) located at 219 N.E. 1st Avenue.
(REQUEST FOR FURTHER CONTINUANCE)
Commissioner Randolph moved to postpone the Appeal of
the Historic Preservation Board's conditions of approval for the
Silberstein Office Building (COA-399) located at 219 N.E. 1st
Avenue to February 15, 2000, seconded by Commissioner Wright.
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.
9oBo
REQUEST TO RECONSIDER DENIAL OF PERMIT FEE WAIVER FOR
CORAL TRACE: Consider a request to reconsider the action taken
at the January 4th meeting to deny the request to waive the plan
check fees for the site development permits for Phase II of the
Coral Trace development.
Commissioner Wright moved to reconsider denial of
permit fee waiver for Coral Trace, seconded by Commissioner
Randolph. Upon roll call the Commission voted as follows: Mr.
Schmidt Yes; Mrs. Archer; Mr. Wright Yes; Mr. Randolph
Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0
vote.
for Phase
were not
bankrupt.
Mr. Jeffrey Spear clarified the fees on the permits
II of the Coral Trace development. The requirements
completed in a timely fashion since the builder went
Commissioner Randolph moved to reduce the permit fees
to $6,100, seconded by Commissioner Archer. Upon roll call the
Commission voted as follows: Mr. Wright- Yes; Mr. Randolph
Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer. Said
motion passed with a 5 to 0 vote.
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Prior to the motion discussion ensued between the
Commission, staff and Mr. Spear regarding the necessity of
reviewing the plans and other issues.
9.C. IN-LIEU OF PARKING FEE FOR TOWN SQUARE: Consider
approval of a request to allow the payment of an in-lieu of fee
for three (3) parking spaces for Town Square, a mixed use devel-
opment to be located on the south side of N.E. 1st Street be-
tween the Federal Highway pairs.
Diane Dominguez, Planning Director indicated that
staff supports the approval of in-lieu parking fee of $36,000
for 3 spaces for Town Square.
Commissioner Randolph moved to approve the in-lieu of
parking fee for Town Square, seconded by Commissioner 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.
9.D. IN-LIEU OF PARKING FEE FOR 512-520 EAST ATLANTIC
AVE~Vu-E: Consider approval of a request to allow the payment of
an in-lieu of fee for eight (8) parking spaces for 512-520 East
Atlantic Avenue, located on the south side of East Atlantic
Avenue between the Federal Highway pairs.
Diane Dominguez, Planning Director explained this is
for the expansion of 512-520 E. Atlantic Avenue and indicated
that staff supports the approval of in-lieu parking fee of
$96,000 for 8 parking spaces for 512-520 E. Atlantic Avenue.
Commissioner Wright moved to approve the in-lieu of
parking fee for 512-520 E. Atlantic Avenue, seconded by
Commissioner Schmidt. 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.D.1. ACCEPTANCE OF RIGHT-OF-WAY DEED AND SIDEWALK EASE
MENT/512-520 EAST ATLANTIC AVENUE:
of-way deed and sidewalk easement
East Atlantic Avenue redevelopment.
Consider accepting a right-
associated with the 512-520
Commissioner Schmidt moved to approve acceptance of
ROW deed and sidewalk easement for 512-520 E. Atlantic Avenue,
as amended by the City Attorney, seconded by Commissioner
Ol/18/oo
Randolph. 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.
Prior to the vote, the City Attorney informed
Commission that "Exhibit B" was modified to exclude the word
"taking" in the center of the title.
At this point, the time being 7:00 p.m., the City
Commission moved to the duly advertised Public Hearings portion
of the agenda.
LOCATION OF PLAYGROUND EQUIPMENT AT ORCHARD VIEW PARK:
Provide direction
ground equipment
Elementary School)
concerning the proposed relocation of play-
from School Board property (Orchard View
to City property within Orchard View Park.
Joe Weldon, Director of Parks and Recreation, stated
that his department had originally worked with the School Board
to locate the playground equipment for Orchard View Park on
School Board property to make it available for both school
children and park users. However, the Principal at Orchard View
Elementary School wants to limit the amount of access by park
users and the times at which they could use the playground
equipment. Mr. Weldon stated that he wants to make sure that
the playground is accessible to all users and recommended that
the equipment be relocated to another site within the park
(roughly 100 yards from the present location) where it will be
accessible to both the school children and park patrons at the
same time.
Discussion by the Commission followed. Some concern
was expressed about the increased distance of the relocated
playground equipment from the school and its closer proximity to
the parking lot. Mr. Weldon indicated that a location somewhat
closer to the school could be looked at. It was the consensus
of the City Commission to direct staff to take another look at
the plan to see if the playground equipment could be relocated
off of school property, but closer to the school than proposed
in the current plan. The City Manager stated that this item
would be brought back to the Commission once an alternate site
was identified for consideration.
9.F. REMOVED
SPECIAL EVENT REQUEST/SAILBOAT RACE: Consider approv-
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al of a request from the Delray Beach Cat Sailors to conduct a
sailboat race from our municipal beach on February 19, 2000,
allow access and assembly on both February 19th & 20th, and the
use of public parking for vehicles and trailers at no charge.
Commissioner Archer moved to approve the special event
requests for a sailboat race from our municipal beach on
February 19, 2000 subject to various conditions, seconded by
Commissioner Wright. 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.
Prior to the vote discussion ensued regarding the
parking of boats and trailers.
9.H. GRANT AWARDS FOR HOUSING REHABILITATION CONTRACTS~
Consider approval of the following contracts: $11,376.75 to
Abisset Corporation, lowest responsive bidder, for 910 S.W. 3rd
Court, and $15,650.00 to South Florida Construction, low bid,
for 687 N.W. 46th Avenue, with funding in the total amount of
$27,026.75 from 118-1963-554-49.19 (CDBG Housing
Rehabilitation}.
Commissioner Randolph moved approval of the housing
rehabilitation contracts to the lowest responsive bidder as
recommended by staff, seconded by Commissioner 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.
9.I. PROPOSED BOUNDARIES FOR APPOINTMENT OF NOMINATING
COMMITTEE/VISIONS 2010: Consider approval of a proposal for the
formation of a nominating committee to establish a steering
committee for the Visions 2010 Cormllunity Visioning process.
Lula Butler proposed a fifteen member nominating
committee with each member of the Commission selecting an area
of the city and making two (2) appointments. In addition the
Commission would make one (1) at-large appointment.
The Commission agreed to the concept by consensus.
9.J. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint
three(3) regular members to the Code Enforcement Board for three
year terms ending January 14, 2003. The appointments will be
made by Commissioner Schmidt (Seat #1), Commissioner Archer
-10- 0 /18/00
(Seat #2) and Commissioner Wright (Seat #3).
Commissioner Schmidt moved to appoint Roger M. Simon
(real estate-alternate) as a regular member to the Code Enforce-
ment Board for a three year term ending January 14, 2003,
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.
Commissioner Archer moved to appoint Jay E. Hasner
(general contractor) as a regular member to the Code Enforcement
Board for a three year term ending January 14, 2003, seconded by
Mr. Randolph. 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.
Commissioner Wright moved to appoint George Brewer
(architect) as a regular member to the Code Enforcement Board
for a three year term ending January 14, 2003, 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.
9oKo
APPOIN~IENTS TO THE PA~KING MANAGEMENT ADVISORY BOARD:
Appoint four (4) members to the Parking Management Advisory
Board for two year terms ending January 31, 2002. The appoint-
ments will be made by Mayor Alperin (Seat #5), Commissioner
Schmidt (Seat #1), Commissioner Archer (Seat #2) and Commission-
er Wright (Seat #3).
Mayor Alperin stated that he wished to reappoint Bruce
Gimmy as a member to the Parking Management Advisory Board for a
two year term ending January 31, 2002. Mrs. Archer so moved,
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.
Commissioner Schmidt moved to appoint Howard B. Lewis
as a member to the Parking Management Advisory Board to fill an
unexpired term ending January 31, 2000, seconded by Mr. Ran-
dolph. Upon roll call the Commission voted as follows: Mrs.
Archer Yes; Mr. Wright Yes; Mr. Randolph Yes; Mayor Alpe-
rin - Yes; Mr. Schmidt Yes. Said motion passed with a with a
5 to 0 vote.
Commissioner Archer moved to reappoint Janet Onnen as
a member to the Parking Management Advisory Board for a two year
term ending January 31, 2002, seconded by Mr. Schmidt. 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.
Commissioner Wright moved to reappoint Frances A.
Marincola as a member to the Parking Management Advisory Board
for a two year term ending January 31, 2002, seconded by Mr.
Randolph. 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.L. AI~POI~NT TO THE EDUCATION BOARD: Appoint a regular
member to the Education Board to fill an unexpired term ending
July 31, 2000. The appointment will be made by Commissioner
Schmidt (Seat #1).
Commissioner Schmidt moved to appoint Ronald C. Nyhan
as a regular member to the Education Board to fill an unexpired
term ending July 31, 2000, seconded by Mrs. Archer. 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.M. APPOI~NT TO THE CITY CO~ISSION~ Appoint a member
to the City Commission (Seat #3) to complete the unexpired term
ending March 29, 2001, created by Commissioner Wright's resigna-
tion.
Commissioner Archer moved to appoint N. Williard
"Bill" Schwartz as a member to the City Commission (Seat #3) to
complete the unexpired term ending March 29, 2001, created by
Commissioner Wright's resignation, seconded by Commissioner
Schmidt. Upon roll call the Commission voted as follows: Mr.
Schmidt - Yes; Mrs. Archer Yes; Mr. Wright - Abstain; Mr.
Randolph - No; Mayor Alperin Yes. Said motion passed with a 3
to 1 vote.
10.
PUBLIC HEARINGS~
10.A. RESOLUTION NO. 6-00 (ROYAL PALM BOULEVARD SPECIAL
ASSESSMENT DISTRICT): Conduct a public hearing and consider
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approval of a resolution providing for the certification and
adoption of the preliminary assessment roll for the Royal Palm
Boulevard Special Assessment District. Prior to consideration
of passage of this resolution, a public hearing has been sched-
uled to be held at this time.
The City Manager presented Resolution No. 6-00:
A RESOLUTION OF THE CITY COMMISSION OF THE
PROPERTIES BORDERING ON ROYAL PALM BOULEVARD
EAST OF FEDERAL HIGHWAY, AS MORE FULLY
DESCRIBED HEREIN; PROVIDING FOR THE
ASSESSMENT AMOUNT TO EACH PROPERTY; PROVID-
ING FOR THE METHOD OF PAYMENT OF THE SPECIAL
ASSESSMENT; PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 6-00 is on file
in the City Clerk's office.)
The City Attorney read the caption of the resolution.
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 opened the public hearing and the
following persons came forward.
Don Pai~ne who currently lives in Washington, came
forward to represent his wife and sister-in-law who own property
with abuts to the proposed improvement and opening of Royal Palm
Boulevard. He indicated that the proposed assessment for the
reconstruction costs. They oppose the assessment. He indicated
that the proposed improvement would not benefit their property
and they are against the improvements. It would benefit a
developer in the area and that he should pay for it. The
proposed assessment would bring a severe hardship to them.
The public hearing was closed.
Commissioner Schmidt moved to approve Resolution No.
6-00, seconded by Commissioner Archer. Upon roll call the
Commission voted as follows: Mrs. Archer Yes; Mr. Wright
No; Mr. Randolph No; Mayor Alperin - Yes; Mr. Schmidt Yes.
Said motion passed with a 3 to 2 vote.
Prior to the vote, the City Manager advised the
Commission this was not a reconstruction of road, that part of
-13-
it was a dirt road and part does not exist. In addition the CRA
and City will be paying half with the other half from the
Special Assessment. This road will not provide assess to the
development in the area, but help with the North Federal Highway
development and increase the property values of adjacent
properties.
10.B. ORDINANCE NO. 1-00: ~nu ordinance amending Chapter 96,
"Fire Safety and Emergency Services", Section 96.66, "Emergency
Medical Transportation Fees", of the City Code to adjust the fee
schedule for emergency medical transportation in accordance with
the Inflation Index Charge applicable to Medicare services and
fee schedules. Prior to consideration of passage of this ordi-
nance on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time.
The City Manager presented Ordinance No. 1-00:
AN ORDINANCE OF THE CITY COMMISSION OF THE
OF THE CITY OF DELRAY BEACH, BY AMENDING
SECTION 96.66, "EMERGENCY MEDICAL TRANPORTA-
TION FEES", SUBSECTION 96.66(A), TO ADJUST
THE FEE SCHEDULE FOR EMERGENCY MEDICAL
TRANSPORTATION IN ACCORDANCE WITH THE ANNUAL
INFLATION INDEX CHARGE; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 1-00 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 opened the public hearing and the
following persons came forward:
Mr. Gerald De Foe, Country Manors came forward to
encourage the Cor~mission to adopt this ordinance.
The public hearing was closed.
Commissioner Archer moved to adopt Ordinance No. 1-00
on Second and FINAL Reading, seconded by Commissioner Wright.
Upon roll call the Commission voted as follows: Mr. Wright
0x/ 8/00
Yes; Mr. Randolph Yes; Mayor Alperin - Yes; Mr. Schmidt Yes;
Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
11.
rims.
Manager's response to ~rior ~ublic co~nents and inc~ui
11.A. City Manager's response to ~rior ~ublic comments and
inc~uiries.
None
11 .B.
From the Public.
Alice Finst, 707 Place Tavant, publicly thanked Joe
Dragon for his assistance with problems the had at Barwick Park.
She also commented on a potential problem with the installation
of a curb on the corner of NE 22~ and Swinton Avenue. It is very
dangerous and appears to be an accident waiting to happen.
12. FIRST READINGS~ None
13.
Co~,ents and Inquiries on Non-Agenda Items.
13 .A.
City Manager.
The work being done at Seacrest and NE 22~ Avenue is for traffic
calming. In addition, the city is currently working with the
owner regarding some landscaping requirements and he feels this
curb will eliminate some of the previous problems.
13 .B.
13 .C.
City Attorney. None
City Commission.
13.C.1. Co,~,issioner Scbm~dt. None
13.C.2. Co.~..Lissioner Archer. None
13.C.3. Co~Lissioner Wright
Thanked the Commission for the opportunity to work with them.
He indicated he enjoyed his term on the Commission and feels
they all worked hard together to keep the best interest of the
city at heart.
13.C.4. Co,~issioner Randolph
0 / s/00
Thanked Commissioner Wright and indicated it was a pleasure
working with him and wished him much success. He thanked Joe
Weldon and city staff for the upgrades and security measures at
Pompey Park. However, the back of the score board now faces the
Jefferson Manors Homeowners and he thought perhaps Ms. Kosloff
would consider designing a mural for it.
13.C.5. Mayor Aiperin
Thanked Commissioner Wright for his dedication to the City and
wished him well in his endeavors.
There being no further business, Mayor Alperin de-
clared the meeting adjourned at 8:00 P.M.
CITY CLERK
ATTEST:
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 January 18, 2000, which
minutes were formally ,approved and adopted by the C.i~y .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.