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06-04-91SpMtg JUNE 4, 1991 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the First Floor Conference Room at City Hall at 6:04 P.M., Tuesday, June 4, 1991. Roll call showed: Present - Commissioner Jay Alperin CommisSioner William Andrews Commissioner Armand Mouw Commissioner David Randolph Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz Mayor Lynch stated this meeting has been called for the purpose of considering the following: Prior to commencement .of the meeting, City Attorney Kurtz suggested the agenda be amended to remove Item No. 6. from the Workshop Agenda and add it to the Special Meeting Agenda as Item No. 4, in order that a Resolution can be considered for adoption by the Commission. Mr. Andrews moved to place Item No. 6 of the Workshop Agenda to the end of the Special Meeting Agenda, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Agreement for a Pilot Program to Permit a Cruise Boat Operation at Veteran's Park. The Commission is to consider an agreement for a pilot program that will permit a cruise boat operation at Veteran's Park. The City Attorney stated this is an agreement that was dis- cussed during Commission comments last week. The intent is to give the cruise boat operation a trial period, on a month to month basis, using Veteran's Park as a point of dockage. The payment for the privilege of docking at that location is $250 a month. It will be necessary for the operator to maintain the lease at the home location, even though the boat will be physically docked at Veteran's Park during this period. Acceptable insurance policies have been presented to the City, as the operator is responsible for all liability. Conditional Use applications will be processed for both the north and south sides of Atlantic Avenue on the Intracoastal. This means that on July 23rd the Commission will be making a decision on the conditional use as to the appropriateness of either one or both sites or neither site. If the Commission chooses to license Veteran's Park for that purpose, he would like direction as to whether or not it will be opened up to some form of public bidding process or RFPs. Dr. Alperin expressed concern regarding the generation of traffic and parking conditions that could become complex when the Patio Restaurant'is redeveloped. Mr. Andrews commented that he would approve of a temporary situation, whereby the residents who live on the opposite side of the Intracoastal would be given an opportunity to decide if they are com- fortable with the situation. Mr. Randolph stated he is primarily concerned with the ticket arrangement and would be more amenable to the Veteran's Park side. Upon question, Digby Bridges, Architect, advised the ticket sales will probably originate in the operator's office due to opposition to a permanent booth to be located in the Park. Mr. Mouw commented that he has no problem with the operation. Mr. Mouw moved for approval of the pilot program to permit the cruise boat to dock at Veteran's Park and operate out of Veteran's Park on a temporary basis as outlined in the City Attorney's Agreement, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 2. Agreement between the City and Southern Bell. The Commission is to consider an agreement between the City and Southern Bell for the installation of conduit along the 16-inch Transmission and Subaqueous Water Main (Intracoastal Crossing). Upon question by Mr. Mouw as to how the $21,532 price was determined, Mark Gabriel, City Engineer, advised there was a line item bid in the contract for installing the conduit; plus, a part of the agreement was for soil borings that were taken during the design phase of the project. Southern Bell agreed to pick up half the cost of the borings. Mr. Mouw moved for approval of the Agreement between the City and Southern Bell for the subaqueous crossing, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 3. Lease Agreement. The Commission is to consider a lease agree- ment for the AS400 Computer System. Dr. Alperin moved for approval of the lease agreement, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. -2- 6/4/91 4. Resolution No. 47-91. Resolution No. 47-91 is before the Commission for consideration of the method of presenting opposition to the language contained in the Palm Beach Countywide Planning Council's referendum ballot. The City Manager presented Resolution No. 47-91: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SETTING FORTH ITS POSITION OF INTENSE OPPOSITION TO THE PROPOSED BALLOT LANGUAGE AND REVISIONS TO ARTICLE VII OF THE PALM BEACH COUNTY CHARTER REGARDING THE JURISDICTION, AUTHORITY AND DUTIES OF THE PALM BEACH COUNTY-WIDE PLANNING COUNCIL. (Copy of Resolution No. 47-91 is on file in the official Resolution Book) The City Attorney stated the changes being proposed go beyond clarification and are an expansion of the powers, which is a clear indication that the County does not believe that the Planning Council has the power they have been alleging, that this is not what the voters originally approved and that the concept must be returned to the orig- inal concept of an agency to take care of conflicts. Dr. Alperin moved for the adoption of Resolution No. 47-91, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Mayor Lynch declared the meeting adjourned at 6:40 P.M. - J Cit~ ~erk - ! ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of June 4, 1991, which minutes were formally approved and adopted by the City Commission on 9~(~_~ ~ j /~/ . -3- 6/4/91 City-Cl~k ' NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -4- 6/4/91