03-02-99 MARCH 2, 1999
A Regular Meeting of the City Commission of the City of
Delray Beach, Florida, was called to order by Mayor Jay Alperin
in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday,
March 2, 1999.
1.. Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Ken Ellingsworth
Commissioner David Schmidt
Mayor Jay Alperin
Absent - Commissioner David Randolph
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
2. The opening prayer was delivered by Reverend Michael
McClure, West Park Baptist Church.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
4. Aqenda Approval.
The City Attorney asked that Item 12.C., Ordinance No.
10-99 amending the Land Development Regulations with respect to
special assessments, be removed from the agenda inasmuch as the
proposed text amendment needs to first go to the Planning and
Zoning Board for review and recommendation.
Mayor Alperin also noted the distribution of a substi-
tute Resolution No. 15-99 for consideration under Item 10, Public
Hearings.
Mr. Schmidt moved to approve the agenda as amended,
seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mr. Schmidt Yes; Mrs. Archer - Yes; Mr. Ellingsworth
Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0
vote.
5. Approval of Minutes:
Mr. Schmidt moved to approve the Minutes of the Special
Meeting of February 9, 1999. The motion was seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Mr.
Schmidt - Yes. Said motion passed with a 4 to 0 vote.
Mr. Schmidt moved to approve the Minutes of the Regular
Meeting of February 16, 1999. The motion was seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mr.
Ellingsworth - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs.
Archer - Yes. Said motion passed with a 4 to 0 vote.
6. Proclamations: None
7.. Presentations=
7.A. RESOLUTION NO. 13-99= A resolution recognizing and
commending Nathaniel Tucker for 35 years of dedicated service to
the City of Delray Beach
The caption of Resolution No. 13-99 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING NATHANIEL TUCKER FOR THIRTY-
FIVE (35) YEARS OF DEDICATED SERVICE TO THE
CITY OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 13-99 is on file
in the City Clerk's office.)
Mayor Alperin read Resolution No. 13-99 in its entire-
ty. Mr. Ellingsworth moved to approve Resolution No. 13-99,
seconded by Mr. Schmidt. Upon roll call the Commission voted as
follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer -
Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0
vote.
Mr. Tucker came forward to accept the resolution.
Mayor Alperin also presented him with a plaque reading, "Distin-
guished Service Award presented to Nathaniel Tucker in recogni-
tion of 35 years of service to the City of Delray Beach Parks and
Recreation Department", and expressed the Commission's thanks and
appreciation for Mr. Tucker's dedicated service to the City.
7.B. Certificate of Completion/1999 Institute for Elected
Municipal Officials awarded to Commissioner Patricia Archer.
Mayor Alperin presented the certificate to Commissioner
Archer in recognition of her completion of the 1999 Institute for
Elected Municipal Officials.
8. CONSENT AGENDA= City Manager recommends approval.
8.A. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 99-1=
Pormally initiate Comprehensive Plan Amendment 99-1 pursuant to
LDR Section 9.2.1.
(NOTE= This item was subsequently reconsidered; see Item 13.C.,
City Commission Co=~ents.)
8.B. INITIATION OF REZONING/DELRAY OAKS PRESERVE= Initiate
the rezoning of the Delray Oaks Preserve site from POC (Planned
Office Center) to OS (Open Space). The subject property is
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located at the northwest corner of Congress Avenue and S.W. 29th
Street and contains 25 acres.
8.C. LANDSCAPE MAINTENANCE AND OFF-SITE PARKING AGREEMENTS/
PORTOFINO SQUARE: Approve a Landscape Maintenance Agreement and
an Off-Site Parking Agreement associated with the proposed
Portofino Square commercial development to be located on the east
side of S.E. 6th Avenue (northbound Federal Highway), approxi-
mately 180 feet north of S.E. 10th Street.
8.D. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT/THE
ARC: Authorize the execution of a subrecipient funding agreement
with The Arc {formerly The Association for Retarded Citizens Palm
Beach County) under the Community Development Block Grant (CDBG)
program for FY 1999 to fund a component of the renovation of a
residential program facility located at 202 Palm Court. Funding
in the amount of $15,000 will be from 118-1965-554-63.40 (CDBG).
8.E. CHANGE ORDER REQUEST FOR HOUSING REHABILITATION
PROJECT: Approve three (3) change orders in the total amount of
$11,498.18 associated with a housing rehabilitation project at
216 S.E. 1st Avenue for additional work required to bring the
housing unit up to code, increasing the original contract award
from $21,857.21 to $33,355.39. Funding is available from
118-1924-554-49.19 (SHIP Program).
8.F. REMOVED
8.G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development
Boards for the period February 16th through February 26, 1999.
8.H. AGREEMENT FOR SEWER IMPROVEMENTS/BOCA-DELRAY VETERINARY
CLINIC: Approve an agreement between the City and Boca-Delray
Veterinary Clinic (as developer) wherein the City will purchase
construction materials and the developer will be responsible for
installation of a sewer main extension on Jefferson Road in
conjunction with the construction of the Boca-Delray Veterinary
Clinic addition.
8.I. AWARD OF BIDS AND CONTRACTS:
1. Purchase award in the total amount of $14,676.00
to Krings Trench Shoring for the purchase of one
(1) trench shoring box and one (1) bedding rock
box with a pull and lift bar for use by the ESD
Construction Division, with funding from
441-5145-536-64.90 (W&S Construction Services -
Other Machinery/Equipment).
2. Contract award in the amount of $43,794.00 to
Colonna Construction Company, Inc., as the lowest
responsive bidder, for construction of a sidewalk
on the west side of State Road A1A between Ingra-
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ham Avenue and Miramar Street, with funding from
334-3162-541-63.11 (General Construction Fund -
Bikepaths/Sidewalks).
3. Purchase award in the total amount of $43,414.00
to Gateway 2000 for the purchase of eighteen (18)
replacement computers for the Environmental
Services Department. Pricing is per Florida State
contract, with funding from 442-5178-536-64.11
(W&S Renewal & Replacement/Computer Equipment).
4. Purchase award in the total amount of $44,859.00
to Gateway 2000 for the purchase of eighteen (18)
replacement computers and one (1) new computer for
various divisions in the Police Department.
Pricing is per Florida State contract, with
funding in the amount of $42,498.00 from
334-6112-519-64.11 (R&R Computer Equipment) and
$2,361.00 from 001-2113-521-64.11 (Police Support
Services/Computer Equipment).
5. Bid awards for replacement of City vehicles from
various vendors under Florida Sheriff's Associa-
tion contract as specified in Attachment "B",
State of Florida contract as specified in Attach-
ment "C", and City of Ft. Lauderdale contract as
specified in Attachment "D", at a total cost of
$692,435 with funding from City Garage Account
501-3312-591-64.20.
Mr. Schmidt moved to approve the Consent Agenda,
seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth
- Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0
vote.
9. REGULAR AGENDA:
9.A. REQUEST FOR DONATION (VEHICLE)/DELRAY BEACH ACADEMY:
Consider a request from the Delray Beach Academy for donation of
surplus Van #620 previously used by the Police Department.
Mr. Schmidt asked if donation of the vehicle could be
conditioned upon the recommendations for upgrading the vehicle as
outlined in Mr. Barcinski's memorandum? The City Attorney stated
she could draw up an agreement to this effect.
Mr. Schmidt moved to approve donating surplus Van #620
to the'Delray Beach Academy contingent on the Academy agreeing to
upgrade the vehicle to a condition acceptable for transporting
children as outlined in the Assistant City Manager's memorandum
dated February 25, 1999. The motion was seconded by Mr. Elling-
sworth. Upon roll call the Commission voted as follows: Mrs.
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Archer - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Mr.
Schmidt - Yes. Said motion passed with a 4 to 0 vote.
9.B. REQUEST FOR DONATION (BICYCLES)/DELRAY BEACH ACADEMY:
Consider a request from the Delray Beach Academy for donation of
40 bicycles from Police Department impound.
Mr. Ellingsworth moved to approve donation of the
bicycles to the Delray Beach Academy, seconded by Mr. Schmidt.
Upon roll call the Commission voted as follows: Mr. Ellingsworth
- Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes.
Said motion passed with a 4 to 0 vote.
9.C. GRANT AWARDS FOR HOUSING REHABILITATION CONTRACTS:
Consider approval of the following contracts: $18,984 to Crafts-
man Plus, Inc. for 410 S.W. 5th Avenue, $12,432 to Craftsman
Plus, Inc. for 137 S.W. llth Avenue, and $20,890 to Henry Haywood
for 27 N.W. 13th Avenue, with funding in the total amount of
$52,306 from 118-1963-554-49.19 (CDBG Housing Rehab); $16,522 to
F. Bouman's Construction for 39 $.W. llth Avenue, with funding
from 118-1923-554-49.19 (HOME Housing Rehab); and $7,271 to T. H.
Mottley for 607 S.W. 9th Street, with funding from
118-1924-554-49.19 (SHIP Housing Rehab).
Lula Butler, Director of Community Improvement, ex-
plained that this item is on the regular agenda because three of
the recommended awards are to bidders other than the apparent iow
bidder. The Community Development Division created an in-house
policy to limit awards to the lowest responsible bidder within
ten percent (10%) of the Division's professional in-house esti-
mate. This serves to disqualify unreasonably iow bids and
therefore protects against the resulting change order requests.
Also, the Division limits the number of bids awarded to newly
approved contractors/companies in an effort to evaluate perfor-
mance and efficiency. New contractors are limited to one bid
award under the initial package.
Mrs. Archer moved to approve the housing rehabilitation
grant ~ward contracts as recommended by staff. The motion was
seconded by Mr. Schmidt. Upon roll call the Commission voted as
follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer -
Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0
vote.
9.D. RESOLUTION NO. 14-99: A resolution authorizing the
approval for a sole source procurement from Motorola Communica-
tions & Electronics, Inc. and to commence negotiations for 800
MHz trunked simulcast radio system equipment compatible with the
system proposed for South Palm Beach County.
The caption of Resolution No. 14-99 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
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THE APPROVAL FOR A SOLE SOURCE PROCUREMENT
FROM MOTOROLA COMMUNICATIONS & ELECTRONICS,
INC. AND TO COMMENCE NEGOTIATIONS FOR 800 MHz
TRUNKED SIMULCAST RADIO SYSTEM EQUIPMENT
COMPATIBLE WITH THE SYSTEM PROPOSED FOR SOUTH
PALM BEACH COUNTY.
(The official copy of Resolution No. 14-99 is on file
in the City Clerk's office.)
The City Manager stated that staff is working with Boca
Raton and Boynton Beach on a physical system which will serve all
three cities although each will maintain separate dispatch. Palm
Beach County is also working on an 800 MHz radio system, and
there is already one in place in Broward County. In order to
maximize the communication between these different systems, the
equipment and components should all be from the same vendor. For
this reason, it is requested that Motorola be designated as the
sole source provider. Our consultant, Omnicom, will negotiate
the prices with Motorola as they are very much aware of what the
current bid prices are around the country. In looking at what
Omnicom has done in other systems that have been purchased, staff
is confident they will make sure that we get a fair price.
On question from Mrs. Archer, the City Manager stated
he believes the estimated completion date for the radio system is
sometime in the first half of the year 2000.
Mrs. Archer moved to approve Resolution No. 14-99,
seconded by Mr. Ellingsworth. Upon roll call the Commission
voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr.
Ellingsworth - Yes; Mayor Alperin - Yes. Said motion passed with
a 4 to 0 vote.
9.E. SERVICE AUTHORIZATION ~38/HELLER, WEAVER & CATO (SUR-
VEYING SERVICES FOR SW 8TH AVENUE/SW 4TH STREET IMPROVEMENTS):
Consider approval of Service Authorization #38 in the amount of
$26,955.00 with Heller, Weaver & Cato, Inc. for surveying and
mapping services associated with the S.W. 8th Avenue/S.W. 4th
Street Improvements project, with funding from 448-5461-538-63.95
(Stormwater Utility - S.W. 8th Avenue Improvements).
The City Manager noted that S.W. 8th Avenue is one of
the streets that was complained about at the Town Hall meeting.
The funds are allocated in this year's budget for the project
which Hill include a little bit of sanitary sewer work, quite a
bit of storm sewer work and some water main upgrades as well as
street reconstruction.
Mr. Schmidt moved to approve Service Authorization #38
with Heller, Weaver & Cato, seconded by Mrs. Archer. Upon roll
call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Ellingsworth - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said
motion.passed with a 4 to 0 vote.
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9.F. CONTRACT RENEWAL WITH RUST-OFF, INC. (ANTI-RUST CHEMI-
CALS IN CITY IRRIGATION SYSTEMS): Consider approval of a two
year contract renewal with current vendor, Rust-Off, Inc., for
the purchase of anti-rust chemicals for the City's irrigation
systems, at an estimated annual cost of $31,720.00 with funding
from 119-4144-572-52.21 (Chemicals).
Mrs. Archer moved to approve a two year contract
renewal with Rust-Off, Inc., seconded by Mr. Schmidt. Upon roll
call the Commission voted as follows: Mr. Ellingsworth - Yes;
Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said
motion passed with a 4 to 0 vote.
9.G. STIPULATION OF SETTLEMENT AND MUTUAL RELEASE/ RECON-
STRUCTION OF CSX GRADE CROSSING AT S.W. 10TH STREET: Consider
approval of a Stipulation of Settlement and Mutual Release
between the City, CSX Transportation, Inc. and the Florida
Department of Transportation to settle a dispute concerning the
construction of a railroad crossing at S.W. 10th Street.
The City Attorney stated that the City is under con-
tract to pay for the actual cost of upgrades to railroad cross-
ings, including the subject location. In this case there was
some dispute about what that actual cost should have been and
then that it varied so much from the estimated cost. The matter
has been going on for some time and after several meetings, the
parties reached a negotiated resolution. The proposed settlement
agreement provides that CSX Railroad will pay $48,574.77 and the
City will pay $28,500.00 of the outstanding $77,074.77 that
remains unpaid. The City Attorney recommended approval of the
proposed settlement.
Upon question from Commissioner Schmidt as to the
reason for the disparity between the estimate and the actual
cost, the City Manager explained that the Florida Department of
Transportation representative who handles railroad matters said
that he gave the City a generic estimate for this type of cross-
ing. However, because this crossing is close to the Tri-Rail
Station, plus there is a siding at ABC Carpet and something else
to the south, all of that had to be tied together with newer
equipment than what was there before which no longer met current
standards. The FDOT representative did not realize that when he
gave the estimate. FDOT then got an upgraded estimate, but due
to some miscommunication the City did not learn this until the
project was nearly finished. By then the price had jumped almost
$100,000. The City Manager stated that he felt FDOT failed to
communicate with us properly; unfortunately, they are not going
to pay any part of it.
Mr. Ellingsworth moved to approve the Stipulation of
Settlement and Mutual Release, seconded by Mr. Schmidt. Upon
roll call the Commission voted as follows: Mayor Alperin - Yes;
Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes.
Said motion passed with a 4 to 0 vote.
7 3/o2/9
9.H. DE MINIMIS SETTLEMENT OFFER FOR PPC SUPERFUND SITE:
Consider approval of a de minimis settlement agreement for the
Petroleum Products Corporation (PPC) Superfund site and, if
approved, which option to be selected.
The City Attorney stated that the City has received a
de minimis settlement offer from the Potentially Responsible
Parties (PRP group) and the Environmental Protection Agency (EPA)
related to the PPC Superfund site. The settlement offer contains
two options. She stated that Option 2 is recommended for approv-
al. It involves a little more money, but provides protection for
the City in case the cost of the Superfund site cleanup exceeds
the current estimate.
Mrs. Archer moved to approve De Minimis Settlement
Option 2, seconded by Mr. Ellingsworth. Upon roll call the
Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer -
Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes. Said motion
passed with a 4 to 0 vote.
9.I. OFFER OF JUDGMENT/TATE= Consider making a joint offer
of judgment in the referenced matter as recommended by the City
Attorney.
The City Attorney stated the recommendation is to
jointl~ make an offer of judgment with the Lake Worth Drainage
District in the amount of $200,000.00, with the Lake Worth
Drainage District contributing $100,000 and City contributing
$100,000. She noted the offer does not include attorney's fees
and costs.
Mr. Ellingsworth moved to approve the Offer of Judgment
in the Tate v. City of Delray Beach matter, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Mr.
Schmidt - Yes. Said motion passed with a 4 to 0 vote.
9.J. APPOINTMENTS TO THE DELRAY BEACH HOUSING AUTHORITY:
Appoint two (2) members to the Delray Beach Housing Authority to
fill unexpired terms ending July 14, 2002 and July 14, 2001,
respectively. The appointments will be made by Mayor Alperin
(for unexpired term ending July 2002) and Commissioner Schmidt
(for unexpired term ending July 2001).
Mayor Alperin stated that he wished to appoint Alfred
Etienne to the Delray Beach Housing Authority to fill an unex-
pired term ending July 14, 2002. Mr. Ellingsworth so moved,
seconded by Mr. Schmidt. Upon roll call the Commission voted as
follows: Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Mr.
Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to
0 vote.
Mr. Schmidt moved to appoint E1 pagnier Hudson to the
Delray Beach Housing Authority to fill an unexpired term ending
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July 14, 2001. The motion was seconded by Mrs. Archer. Upon
roll call the Commission voted as follows: Mayor Alperin - Yes;
Mr. Schmidt Yes; Mrs. Archer - Yes; Mr. Ellingsworth Yes.
Said motion passed with a 4 to 0 vote.
9.K. APPOIl~i94El~TS TO TEE BOARD OF ADJUSTMEI~T: Appoint one
(1) regular member and two (2) alternate members to the Board of
Adjustment, all to fill unexpired terms ending August 31, 1999.
The appointments will be made by Commissioner Archer (regular
member), Commissioner Ellingsworth (alternate member), and
Commissioner Randolph (alternate member).
Commissioner Archer moved to appoint Randee S. Schatz
to the Board of Adjustment as a regular member to fill an unex-
pired term ending August 31, 1999. The motion was seconded by
Mr. Schmidt. Upon roll call the Commission voted as follows:
Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes;
Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote.
Commissioner Ellingsworth moved to appoint Daniel Davis
to the Board of Adjustment as an alternate member to fill an
unexpired term ending August 31, 1999. The motion was seconded
by Mr. Schmidt. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes;
Mr. Schmidt - Yes. Said motion passed with a 4 to 0 vote.
Commissioner Randolph's appointment of an alternate
member to the Board of Adjustment was deferred to the regular
meeting of March 16, 1999.
At this point, the Commission moved to Item 12., First
Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 11-99: An ordinance rezoning a parcel of
land located on the north side of Old Germantown Road, approxi-
mately 1,300 feet west of Homewood Boulevard and immediately east
of Spanish Wells, from A (Agricultural) to RM-8 (Medium Density
Residential/8 units per acre) District. If passed, a quasi-judi-
cial pqblic hearing will be scheduled for March 16, 1999.
The City Manager presented Ordinance No. 11-99:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED A (AGRICULTURAL)
DISTRICT IN THE RM-8 (MEDIUM DENSITY RESIDEN-
TIAL/8 UNITS PER ACRE) DISTRICT; SAID LAND
BEING LOCATED ON THE NORTH SIDE OF OLD
GERMANTOWN ROAD, IMMEDIATELY EAST OF SPANISH
WELLS CONDOMINIUM, AS THE SAME IS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
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PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 11-99 is on file in
the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mrs. Archer moved to approve Ordinance No. 11-99 on
FIRST Reading, seconded by Mr. Schmidt. Upon roll call the
Commission voted as follows: Mr. Ellingsworth - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion
passed with a 4 to 0 vote.
12.B. REMOVED
12.C. As noted under Item 4, Agenda Approval, Ordinance No.
10-99 was removed from the agenda pending review and recommenda-
tion by the Planning and Zoning Board.
12.D. ORDINANCE NO. 12-99: An ordinance amending various
sections of the Land Development Regulations (4.6.3, 5.3.1, 6.1.2
and 6.1.4) regarding infrastructure improvement obligations. If
passed, a public hearing will be scheduled for March 16, 1999.
The City Manager presented Ordinance No. 12-99:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.6.3, "ACCESS REQUIREMENTS AND
RESTRICTIONS", SECTION 5.3.1, "STREETS
(RIGHTS-OF-WAY)" SUBSECTION 5.3.1(E),
"IMPROVEMENT OBLIGATIONS", SECTION 6.1.2,
"STREET DESIGN", AND SECTION 6.1.4, "DRIVE-
WAYS AND POINTS OF ACCESS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, TO CLARIFY AND CONSOLIDATE PUBLIC
INFRASTRUCTURE REQUIREMENTS AND OBLIGATIONS
FOR SITE DEVELOPMENT; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 12-99 is on file in
the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Ellingsworth moved to approve Ordinance No. 12-99
on FIRBT Reading, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt -
Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes. Said motion
passed with a 4 to 0 vote.
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12.E. ORDINANCE NO. 13-99: An ordinance amending Chapter
Three, "Performance Standards", of the Land Development Regula-
tions regarding required findings for land development applica-
tions. If passed, a public hearing will be scheduled for March
16, 1999.
The City Manager presented Ordinance No. 13-99:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, BY AMENDING CHAPTER THREE,
"PERFORMANCE STANDARDS", TO CONFORM WITH THE
OBJECTIVES AND POLICIES OF THE EVALUATION AND
APPRAISAL REPORT (EAR) BASED COMPREHENSIVE
PLAN; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 13-99 is on file in
the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Schmidt moved to approve Ordinance No. 13-99 on
FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the
Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer -
Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes. Said motion
passed with a 4 to 0 vote.
At this point, the Commission moved to Item 11, Public
Comments and Inquiries on Non-Agenda Items.
11. Comments and Inquiries on Non-Aqenda Items from the
Public-Immediately followinq Public Hearinqs.
11.A. City Manaqer's response to prior public comments and
inquiries.
In response to the suggestion that the City allow
employees to take time off from work to volunteer in the public
schools, the City Manager stated the City does have a strong
commitment to education but our employees do carry a full work-
load. Allowing employees to leave work and volunteer at the
schools could affect the quality of service that they are respon-
sible for providing to our residents. Besides, there are many
organizations seeking volunteers and it could be considered by
some to be unfair to favor one worthy group over another. City
employees have a wide range of skills. While all of our employ-
ees are highly skilled and competent, some might not be fully
qualified to serve as tutors in the classroom. It would be
difficult and time consuming to make sure employees are properly
placed to work with a child. Instead, we believe it is far
better to encourage employees to get involved in the community
during their own time. Many willingly participate in community
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paint-up and clean-up projects; others volunteer through service
organizations. Employees who are parents with children in the
school system often volunteer at their child's school. By
choosing the area in which they would like to volunteer, our
employees are using their particular area of expertise to make a
meaningful contribution to the community.
Mayor Alperin asked that Mr. Jerry Marshall be provided
with a copy of the above response.
In response to the concern expressed regarding ingress
and egress for the residents of the Sudan subdivision located on
the south side of the L-32 Canal if the bridge over the L-32
Canal were out of service, the City Manager stated that the
Florida Department of Transportation routinely inspects all
bridges with spans greater than 20 feet to monitor the condition
of the bridge. Staff will ask FDOT to inspect the subject
bridge. They do not normally look at it since it has a span of
less than the FDOT required minimum. There are other alternative
access points that could be made available in the event of an
emergency. The City Manager noted that access could probably be
arranged through the Coral Trace development on a temporary basis
if that were to become necessary.
ll.B. From the Public.
11.B.1. Mr. Joe Green, founder and Executive Director of Delray
Beach Academy, expressed his appreciation to the City Commission
for its support of the school. He presented a brief overview of
the program, explaining that it is geared toward that element of
the student population identified as "at risk" students. By
taking them out of the traditional classroom, working with them
on behavior issues and gaining parental involvement, Mr. Green
was optimistic the academy can and will make a difference in
their lives.
11.B.2. Officer SkiD Brown, Delray Beach Police Department,
expressed his appreciation to the City Commission for its gener-
ous and ongoing support of programs that benefit the City's
children, and reiterated Mr. Green's thanks for the support
provided again this evening for the Delray Beach Academy.
13. Comments and Inquiries on Non-Aqenda Items.
13.A. City Manaqer.
The City Manager had no comments or inquiries.
13.B. City Attorney.
The City Attorney had no comments or inquiries.
13.C. City Commission.
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13.C.1. Commissioner Schmidt asked for reconsideration of Item
8.A., Initiation of Comprehensive Plan Amendment 99-1, which was
approved earlier in the meeting on the consent agenda. He
commented on the letter received from Progressive Residents of
Delray (P.R.O.D.) regarding Comprehensive Plan Policy C-2 which
deals with capital improvements in areas which are designated as
redevelopment areas. The Comprehensive Plan, in that policy,
says that the City cannot spend funds for capital improvements in
a redevelopment area until there has been a redevelopment plan
written. This has slowed down paving some of the unpaved streets
in the City such as those that were mentioned at the Town Hall
meeting. Mr. Schmidt stated that he concurs with P.R.O.D.'s
recommendation that this policy be deleted from the Comprehensive
Plan. It would not require the City to pave any streets, but it
certainly would give us the opportunity to speed up the process
if we wanted to do it. Right now, one of the redevelopment areas
is supposed to have a plan written for it this year. That means
that next year would be the earliest we could consider putting
funds in for capital improvements. In view of this, Mr. Schmidt
asked the Commission to reconsider the vote on Item 8.A. to
include the recommendation by P.R.O.D. in Comprehensive Plan
Amendment 99-1.
Mr. Schmidt moved to reconsider Item 8.A., Initiation
of Comprehensive Plan Amendment 99-1. The motion was seconded by
Mr. Ellingsworth. Upon roll call the Commission voted as fol-
lows: Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mayor Alperin -
Yes; Mr. Schmidt - Yes. Said motion passed with a 4 to 0 vote.
Mr. Schmidt then moved to initiate Comprehensive Plan
Amendment 99-1, including direction to staff that Comprehensive
Plan Policy C-2 be modified to delete the requirement that
redevelopment plans be completed before public funds can be spent
on capital improvements. The motion was seconded by Mr. Elling-
sworth. Upon roll call the Commission voted as follows: Mr.
Elling~worth - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs.
Archer - Yes. Said motion passed with a 4 to 0 vote.
Mr. Schmidt further commented that the Community
Improvement Department held the first of a series of neighborhood
meetings out in the Lake Ida Road area last week which was very
well attended. He commended Lula Butler, Dick Hasko, Randal
Krejcarek and Dan Beatty for an excellent presentation and adept
handling of a lot of tough questions. He felt this would be a
very good program for the City in the coming year.
13.C.2. Commissioner Archer concurred with Mr. Schmidt's
remarks concerning the community meeting. It was an excellent
meeting and was handled very well by staff.
13.C.3. Commissioner Ellinqsworth had no comments or inquiries.
13.C.4. Mayor Alperin had no comments or inquiries.
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At this point, the time being 6:43 p.m., Mayor Alperin
declared a recess until 7:00 p.m. at which time the Public
Hearing items would be considered.
Mayor Alperin reconvened the meeting at 7:00 p.m.
10. PUBLIC HEARINGS:
10.A. RESOLUTION NO. 15-99: A resolution providing for the
certification and adoption of the finalized assessment roll for
the Woods of Southridge Special Assessment District, and provid-
ing for the method of payment of assessments. Prior to consider-
ation of passage of this resolution, a public hearing has been
scheduled to be held at this time.
The City Manager presented Resolution No. 15-99:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR
THE CERTIFICATION AND ADOPTION OF THE FINAL-
IZED ASSESSMENT ROLL FOR THE WOODS OF SOUTH-
RIDGE SPECIAL ASSESSMENT DISTRICT TO INCLUDE
THOSE PROPERTIES WITHIN THE SOUTHRIDGE PLAT
LOCATED GENERALLY ON SOUTHRIDGE ROAD, S.W.
8TH AVENUE, SUNDY AVENUE, ELLA STREET, BESSIE
STREET, DOUGLAS AVENUE, ZEDER AVENUE AND
BENJAMIN AVENUE, AS MORE FULLY DESCRIBED
HEREIN; PROVIDING FOR THE METHOD OF PAYMENT
OF ASSESSMENTS; PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 15-99 is on file
in the City Clerk's office.)
The City Attorney noted the admission of a substitute
Resolution No. 15-99 which reflects the City assuming $4,579.44
more of the cost related to this special assessment district.
A public hearing was held having been legally adver-
tised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor A1perin declared the public hearing open. There
being no one who wished to speak on this item, the public hearing
was closed.
Mr. Schmidt moved to approve the substitute Resolution
No. 15-99, seconded by Mrs. Archer. Upon roll call the Commis-
sion voted as follows: Mr. Ellingsworth - Yes; Mayor Alperin -
Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed
with a 4 to 0 vote.
10.B. ORDINANCE NO. 8-99. An ordinance amending Chapter 51,
"Garbage and Trash", of the City Code by amending Section 51.22,
"Vegetative Waste", Section 51.23, "Bulk Trash", Section 51.40,
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"Placement of Containers and Trash; Precollection Practices", all
to clarify the set out times and fees charged, and amending
Section 51.99, "Penalty", to clarify the penalty for a violation.
Prior to consideration of passage of this ordinance on Second and
FINAL Reading, a public hearing has been scheduled to be held at
this time.
The City Manager presented Ordinance No. 8-99:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 51.22, "VEGETATIVE WASTE",
TO CLARIFY THE SET OUT TIMES AND FEES
CHARGED; BY AMENDING SECTION 51.23, "BULK
TRASH" TO CLARIFY THE SET OUT TIMES AND FEES
CHARGED; BY AMENDING SECTION 51.40, "PLACE-
MENT OF CONTAINERS AND TRASH; PRECOLLECTION
PRACTICES" TO CLARIFY THE SET OUT TIMES AND
FEES CHARGED; BY AMENDING SECTION 51.99,
"PENALTY", TO CLARIFY THE PENALTY FOR A
VIOLATION; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 8-99 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 compli-
ance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida.
Mayor Alperin declared the public hearing open. There
being no one who wished to speak on this item, the public hearing
was closed.
Mr. Ellingsworth moved to approve Ordinance No. 8-99 on
Second and FINAL Reading, seconded by Mrs. Archer. Upon roll
call the Commission voted as follows: Mayor Alperin Yes; Mr.
Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes. Said
motion.passed with a 4 to 0 vote.
10.B.1. AMENDMENT NO. 6 TO SOLID WASTE AND RECYCLING COLLECTION
FRANCHISE AGREEMENT: Consider approval of Amendment No. 6 to the
Solid Waste and Recycling Collection Franchise Agreement between
the City and BFI to provide that the cost to a resident for
additional bulk trash collection service shall be changed from
$22.00 per cubic yard to $11.50 per cubic yard.
Mr. Schmidt moved to approve Amendment No. 6 to the
Solid Waste and Recycling Collection Franchise Agreement. The
motion was seconded by Mrs. Archer. Upon roll call the Commis-
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sion voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr.
Ellingsworth - Yes; Mayor Alperin - Yes. Said motion passed with
a 4 to 0 vote.
At this point, Mayor Alperin asked if there were any
additional comments from the public on non-agendaed items? There
were none.
There being no further business, Mayor Alperin declared
the meeting adjourned at 7:05 p.m.
'
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 March 2, 1999, which
minutes were formally approved and adopted by the City Commission
on ~ Ii, 1999
/Ci~y- d~rk '
NOTE TO RE~ER: 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.
/0p./99