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12-28-90SpMtg DECEMBER 28, 1990 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 Commission Chambers at City Hall at 4:30 P.M., Friday, December 28, 1990. Roll call showed: Present - Commissioner Jay Alperin Commissioner Armand Mouw Commissioner David Randolph Vice-Mayor William Andrews Absent - Mayor Thomas E. Lynch Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz Vice-Mayor Andrews called the meeting to order for the purpose of considering the following: CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 1. Approval of Second Annual Bicycle Auction - Kids and Cops Program. The Commission is to consider approval of the Second Annual Bicycle Auction - Kids and Cops Program. Approval is recommended. 2. Approval of Temporary Business License for Annual Plant Sale - Project Graduation/Atlantic High School. The Commission is to consider approval of a temporary business license for an annual plant sale - Project Graduation/Atlantic High School. Approval is recommended. Mr. Randolph moved approval of the Consent Agenda, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Vice-Mayor Andrews - Yes. Said motion passed with a 4 to 0 vote. REGULAR AGENDA 3. Approval of contracts to acquire portions of the Fire Station #1 site. The Commission is to consider approval of contracts to acquire portions of the Fire Station #1 site. The City Attorney advised the date of closing will be January 25, 1991 at a closing cost of $45,000. All of these purchases, ap- praised by the City's appraiser, will be for the appraised value of the property. If the price is in agreement, a resolution will be passed on February 8, 1991. Upon question by Mr. Mouw, the City Attorney stated all of these purchases were for the appraised price. Mr. Mouw moved approval of the three contracts for aquisition of the Fire Station site, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Vice-Mayor Andrews - Yes; Mr. Randolph - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. In reply to Mr. Mouw, the City Manager stated the City is requesting $500,000 from the State toward the purchase of the site. The City Attorney stated a date has been set for mid March for the Order of Taking on the other properties. 4. Direction concerning judgment in the matter of Franklin Code House vs. City of Delray Beach. The Commission is to consider direction concerning judgment in the matter of Franklin Code House vs. City of Delray Beach. The City Attorney questioned if the Commission wishes to pro- ceed further in this matter or file a motion for a rehearing. The City Attorney's recommendation is that it is not worth going forward at this point in time. Dr. Alperin directed the City Attorney to return $36,374.18, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Vice-Mayor Andrews - Yes; Mr. Randolph - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 5. Direction concerning Local Bill relating to the Delray Beach Downtown Development Authority. The Commission is to consider direction concerning a Local Bill relating to the Delray Beach Downtown Develop- ment Authority. Roy Simon, Chairman of the Downtown Development Authority, stated there is support from the property owners to go to referendum. In reply to Dr. Alperin, the City Attorney stated the CRA will be receiving the increased tax. Frank Spence, Executive Director of the CRA and DDA, stated they are looking at new construction that would take place in the DDA area and the increment that would come to the CRA. The City Attorney advised it is a matter of interpretation by Florida State Law. Mr. Randolph stated he would like the figure, from the apprais- ers office, of the properties to be included. Mr. Mouw stated he has no problem going forward with the referendum. Mr. Andrews stated before going to referendum this issue has to be clearly defined. Mr. Mouw moved to extend DDA authority to the limits, as described upon approval of the Legislature and a special referendum of the people affected, seconded by Mr. Randolph. Upon roll call the -2- 12/28/90 CoF~ission voted as follows: Mr. Randolph - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Vice-Mayor Andrews - Yes. Said motion passed with a 4 to 0 vote. Michael Weiner, 117 N.E. 8th Street, requested the issue involving National Cable and Comcast Cable, and the issuing of a permit be placed on the agenda for the next Regular Meeting. Vice-Mayor Andrews declared a recess, the time being 5:06 P.M. The meeting reconvened at 5:15 P.M. PUBLIC HEARING - 5:15 P.M. 6. Resolution No. 120-90. Resolution No. 120-90, declaring the City's intent to use the uniform method of collecting Stormwater Manage- ment Assessments as authorized by Chapter 197, Florida Statutes, is before the Commission for consideration. The caption of Resolution No. 120-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, INDICATING THE CITY OF DELRAY BEACH, FLORIDA'S INTENT TO USE THE UNIFORM METHOD OF COLLECTING STORMWATER MANAGEMENT ASSESSMENTS AS AUTHORIZED BY CHAPTER 197 OF THE FLORIDA STATUTES; INDICATING THAT THE CITY'S INTENT TO USE THE UNIFORM METHOD OF COLLECTING THE STORMWATER MANAGEMENT ASSESSMENT HAS BEEN DULY ADVERTISED PURSUANT TO CHAPTER 197 OF THE FLORIDA STATUTES; INDICAT- ING THE NEED FOR THE STORMWATER MANAGEMENT ASSESSMENT LEVY; INCLUDING A LEGAL DESCRIPTION OF THE BOUNDARIES OF REAL PROPERTY SUBJECT TO THE LEVY; DIRECTING THAT UPON ADOPTION A COPY OF THE RESOLUTION BE SENT TO THE PROPERTY APPRAISER, THE TAX COLLECTOR AND THE DEPARTMENT OF REVENUE BY U.S. MAIL BY JANUARY 10, 1991. (Copy of Resolution No. 120-90 is on file in the official Resolution Book) The City Attorney advised this resolution declares intent to use the uniform method of collecting, collected by the Tax Appraisers Office in Palm Beach County, and it will be part of the overall tax bill if this fee is levied. The Public Hearing was opened. Sid Soloway, Pines of Delray North, questioned if this was a State mandate. The City Manager stated rules are being contemplated for implementaion of the surplus water improvement. The Sweat Bill was passed prior to this limit on mandates, therefore the limit on mandates would not apply. The City Attorney stated that with respect to this particular resolution, a declaration of intent has to be filed prior to January 1, 1991. -3- 12/28/90 The Public Hearing was closed. Dr. Alperin moved for the adoption of Resolution No. 120-90, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Vice-Mayor Andrews - Yes; Mr. Ran- dolph - Yes. Said motion passed with a 4 to 0 vote. Vice-Mayor Andrews declared the meeting adjourned at 5:21 P.M. - ~ 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 December 28, 1990, which minutes were formal- ly approved and adopted by the City Commission on ..... ~ City-C~rk - ~ 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- 12/28/90