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01-22-04 Minutes SpMtgSPECIAL MEETING JANUARY 22, 2004 A Special Meeting of the City Commission of the City of Delray Beach, Florida, ~vas called to order by Vice-Mayor Jon Levinson in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, January 22, 2004. Roll call sho~ved: Present - Vice-Mayor Jon Levinson Commissioner Patricia Archer Commissioner Alberta McCarthy Absent- MayorJeffPeflman Commissioner Bob Costin Also present xvere - City Manager David T. Harden City Attorney Susan A. Ruby and City Clerk Barbara Garito Vice-Mayor Levinson called the meeting to order and announced that it had been called for the purpose of considering the following items: (1) RESOLUTION NO. 9-04: Certify the results of the January 20, 2004 Special General Obligation Bond Referendum. QUESTION 1 NEW NEIGHBORHOOD PARKS, SOCCER COMPLEX AND EXISTING PARKS IMPROVEMENT PROJECTS Shall the City issue general obligation bonds to finance land acquisition, construction and equipping of up to three ne~v neighborhood parks, a soccer complex, and improvements to certain existing parks throughout the City and all costs incidental thereto, not exceeding $9,000,000, bearing interest at not exceeding the legal rate, maturing not later than 20 years from the date of issuance, payable from the City's ad valorem taxes? YES (for approval) 2,312 NO (against approval) 1,274 Approve the total votes for Ballot Question No. 1, and that it is hereby declared, based upon the above and foregoing results that Ballot Question One passed. The City Attorney read the results regarding the Nexv Neighborhood Parks, Soccer Complex and Existing Parks Improvements Projects, Ballot Question No. 1. Ms. McCarthy moved to approve the motion, seconded by Mrs. Archer. Upon roll call, the Commission voted as follo~vs: Mrs. Archer - Yes; Ms. McCarthy - Yes; Vice-Mayor Levinson - Yes. Said motion passed ~vith a 3 to 0 vote. QUESTION 2 RECREATION CENTERS PROJECTS Shall the City issue general obligation bonds to finance land acquisition, construction and equipping of a new recreation center in the City's Western Area and to improve and equip certain existing recreational centers, and all costs incidental thereto, not exceeding $7,000,000 bearing interest at not exceeding the legal rate, maturing not later than 20 years from the date of issuance, payable from the City's ad valorem taxes? YES (for approval) 2,184 NO (against approval) 1,403 Approve the total votes for Ballot Question No. 2, and that it is hereby declared, based upon the above and foregoing results that the Ballot Question Two passed The City Attorney read the results regarding the Recreation Centers Projects, Ballot Question No. 2. Mrs. Archer moved to approve the motion, seconded by Ms. McCarthy. Upon roll call, the Commission voted as follows: Ms. McCarthy - Yes; Vice-Mayor Levinson - Yes; Mrs. Archer - Yes. Said motion passed ~vith a 3 to 0 vote. QUESTION 3 OLD SCHOOL SQUARE IMPROVEMENT PROJECTS Shall the City issue general obligation bonds to expand Old School Square by acquiring land, constructing a parking garage to free up existing parking for a downtown park, for other capital improvements and all costs incidental thereto, not exceeding $7,000,000, bearing interest at not exceeding the legal rate, maturing not later than 20 years from the date of issuance, payable from the City's ad valorem taxes? YES (for approval) 2,437 NO (against approval) 1,172 Approve the total votes for Ballot Question No. 3, and that it is hereby declared, based upon the above and foregoing results that Ballot Question Three passed. 2 January 22, 2004 The City Attorney read the results regarding the Old School Square Improvement Projects, Ballot Question No. 3. Ms. McCarthy moved to approve the motion, seconded by Mrs. Archer. Upon roll call, the Commission voted as follo~vs: Vice-Mayor Levinson - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed ~vith a 3 to 0 vote. QUESTION 4 NEW LIBRARY FURNISHINGS AND FIXTURES PROJECT Shall the City issue general obligation bonds to finance the cost of certain furnishings and fixtures for the nexv library xvithin the City and all costs incidental thereto, not exceeding $1,000,000, bearing interest at not exceeding the legal rate, maturing not later than 20 years from the date of issuance, payable from the City's ad valorem taxes? YES (for approval) 2,602 NO (against approval) 1,019 Approve the total votes for Ballot Question No. 4, and that it is hereby declared, based upon the above and foregoing results that Ballot Question Four passed. The City Attorney read the results regarding the Nexv Library Furnishings and Fixtures Project, Ballot Question No. 4. Mrs. Archer moved to approve the motion, seconded by Ms. McCarthy. Upon roll call, the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Vice-Mayor Levinson - Yes. Said motion passed xvith a 3 to 0 vote. Adopt Resolution No. 9-04 including Exhibit "A" as presented. Ms. McCarthy moved to approve and adopt Resolution No. 9-04 including Exhibit "A" as attached, seconded by Mrs. Archer. Upon roll call, the Commission voted as folloxvs: Ms. McCarthy - Yes; Vice-Mayor Levinson - Yes; Mrs. Archer - Yes. Said motion passed ~vith a 3 to 0 vote. (1) CONSENT AGENDA: City Manager Recommends Approval. CHANGE ORDER NO. 1/D.N. HIGGINS, INC.: Approve Change Order No. 1 in the amount of $517,754.50 to D.N. Higgins, Inc. for the Seacrest Neighborhood Improvements Phase IV Project. Funding is available from 334- 3162-541-65.43 (Seacrest Neighborhood Improvements Phase IV), 448-5470-538- 65.43 (Storm~vater Utility/Lake Ida Road North), and 442-5178-536-65.03 (Water/Sewer Renewal and Replacement Fund/Seacrest/Dd Ida). 3 January 22, 2004 SERVICE AUTHORIZATION NO. 31/DAVID MILLER & ASSOCIATES, P.A.: Approve Service Authorization No. 31 to David Miller & Associates, P.A. in the amount of $17,000.00 for consulting services in developing plans and specifications for construction improvements at Plumosa Park. Funding is available from 334-6111-572-65.79 (General Construction Fund/Plumosa Park). SERVICE AUTHORIZATION NO. 20/MATHEWS CONSULTING, INC.: Approve Service Authorization No. 20 to Mathe~vs Consulting, Inc. in the amount of $4,702.00 for preparation and submittal of a grant application to the South Florida Water Management District (SFWMD) under the Alternative Water Resources Grant Program. Funding is available from 441-5181-536-31.90 (Other Professional Services). CITY VEHICLE PURCHASES: Approve various bid a~vards in the amount of $388,596.00 via the Florida Sheriffs' Association and State of Florida Contracts for the replacement of City vehicles. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). ANIMAL SERVICES FUNDING AGREEMENT/PALM BEACH COUNTY: Approve a reimbursement funding agreement in the amount of $10,000.00 betxveen the CitI and the Palm Beach County Animal Care and Control Division for the provision of animal services betxveen the period of October 1, 2003 through September 30, 2004. Mrs. Archer moved to approve the Consent Agenda, seconded by Ms. McCarthy. Upon roll call, the Commission voted as folloxvs: Vice-Mayor Levinson - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed ~vith a 3 to 0 vote. (2) AUTHORIZATION TO FILE A MOTION FOR REHEARING/APPEAL IN MCKINNEY v. CITY OF DELRAY BEACH: Consider authorizing the CitI Attorney's office to file a motion for rehearing and, if necessary, an appeal of the Court's decision in McI4hnney v. the CitI of Delray Beach. The City Attorney introduced the item and stated that the CitI Attorney's Office is seeking the Commission's support in filing a motion for rehearing and/or appeal and for clarification purposes regarding the Circuit Court's interpretation of the Citl's Charter. Commissioner McCarthy asked the CitI Attorney xvhat additional costs xvould the CitI incur for these two processes and if this would be handled in-house. house. The City Attorney stated that the filing for these txvo processes xvould be handled in- Mrs. Archer moved to authorize the CitI Attorney's Office to file a motion for rehearing/appeal in McI4hnney v. CitI of Delray Beach, seconded by Ms. McCarthy. Upon roll call, the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Vice-Mayor Levinson - Yes. Said motion passed with a 3 to 0 vote. -4- January 22, 2004 (3) COMMISSION COMMENTS. The City Manager stated he ~vas very pleased ~vith the outcome of the Bond Issue and that staff ~vill be starting the ~vork on getting these projects implemented. He stated staff ~vill be coming back to Commission regarding the progress of the projects. The City Attorney stated the Bond Issue ~vas a great result and some of the pieces done by the press ~vere very complimentary regarding ho~v the City is run; and congratulated the City Manager. Commissioner Archer concurred that the dection ~vas very ~vill run and loves the outcome. She is excited about moving for~vard and getting things done. She stated it ~vill make a definite improvement to ~vhat's going on in the City and an asset. Commissioner McCarthy commented on the Bond Issue and stated it is very fulfilling for issues and projects that the citizens actually requested through many of the Charettes that ~vere done; and the City can do the projects ~vithout negatively impacting the City's general budget. Also, the cost of money is affordable so that the impact on the homeo~vners' paying taxes is not so significant that it is unaffordable. Commissioner McCarthy stated the Dr. Martin Luther King celebrations held throughout the City had their o~vn unique and special meanings and ~vere most appropriate and enjoyable. Commissioner Archer thanked Barbara Garito for her excellent handling of the special election. Vice-Mayor Levinson read Mayor Perlman's comments regarding the outcome of the Bond Issue Election into record. Vice-Mayor Levinson commented on an issue in the paper regarding adult arcades being deemed illegal. The City Attorney stated it is a lo~ver court issue and not a deciding factor for the City. She has spoken ~vith the Police Legal Advisor ~vho is speaking ~vith the Police Department Staff about it. Vice-Mayor Levinson asked the City Manager if the City is interested in MPO CommunitI Transit Service applications. The City Manager stated it is in our Comprehensive Plan. Vice-Mayor Levinson thanked several people and groups for their help ~vith the Bond Issue. He stated it ~vas a huge success. He also thanked fello~v commissioners and former dected officials, the City Manager and City staff; along ~vith the Police and Fire Departments. In addition, he thanked several athletic leagues, communitI service groups, Homeo~vner's Associations, and the voters that participated in support of the Bond Issue. He mentioned having cakes at Art and Jazz on January 29, 2004 for all ~vho helped to celebrate the victory regarding the Bond Issue. Vice Mayor Levinson commented that the EPOCH Dr. Martin Luther King Breakfast and celebration held at Pompey Park ~vas great. Delray Beach is one of a fe~v cities in the countI that celebrate the holiday. -5- January 22, 2004 Commissioner McCarthy stated that she and Mayor Perlman attended a program at St. Paul A.M.E. Church on Sunday afternoon celebrating Dr. King which had different religious leaders from different sectors that went very well. Vice-Mayor Levinson stated the City's Annual Report looks great and congratulated the City Manager and Ivan Ladizinsky. Vice-Mayor Levinson declared the Special Meeting adjourned at 6:20 p.m. City Clerk ATrEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on January 22, 2004, which Minutes were formally approved and adopted by the City Commission on Febnmry 3, 2004 City Clerk N TE T READER' If the Minutes you have received are not completed 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 revolve amendments, additions or deletions to the Minutes as set forth above. -6- January 22, 2004