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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 -2- 01/18/00 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). -3- 01/18/00 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- -4- 01/18/00 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 -5- 01/18/00 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 -6- 01/18/00 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. -7- 01/18/00 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- -9- 0 / 8/00 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 -12- 01/is/00 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.