07-20-99 JULY 20, 1999
A Regular Meeting of the City Commission of the City
of Delray Beach, Plorida, was called to order by Mayor Jay
Alperin in the Commission Chambers at City Hall at 6:00 p.m. on
Tuesday, July 20, 1999.
1. Roll call showed:
Present - Commissioner Patricia Archer
Commissioner David Randolph
Commissioner Michael Wright
Mayor Jay Alperin
Absent - Commissioner David Schmidt
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
2. The opening prayer was delivered by Reverend Matthew
"Bump" Mitchell, Christ Missionary Baptist Church.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
4. Agenda Approval.
Mayor Alperin noted that a substitute agreement for
Item 8.B. (Hold Harmless Agreement With Delray Acura) had been
provided by the City Attorney as a replacement for the agreement
provided in the agenda booklet.
Mr. Randolph moved to approve the agenda as amended,
seconded by Mr. Wright. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph -
Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote.
5. Approval of Minutes:
Mrs. Archer moved to approve the Minutes of the Regu-
lar Meeting of July 6, 1999, seconded by Mr. Randolph. Upon
roll call the Commission voted as follows: Mr. Wright - Yes;
Mr. Randolph - Yes; Mayor Alperin - Yes; Mrs. Archer - Yes.
Said motion passed with a 4 to 0 vote.
5- Proclamations: None
7. Presentations: None
8. CONSENT AGENDA: City Manager recommends approval.
8.A. TEMPORARY USE PERMIT/OFF-SITE TEMPORARY SALES TRAILER
FOR CORAL TRACE SUBDIVISION: Approve a temporary use permit to
allow for the placement of a temporary sales trailer on the Sned
property associated with the Coral Trace subdivision for a
period not to exceed six months from the date of issuance of its
certificate of occupancy.
8.B. ACCEPTANCE OF HOLD HARMLESS AGREEMENT ASSOCIATED
WITH DELRAY ACURA: Approve and accept a Hold Harmless Agreement
For Structures Within An Easement between the City and James G.
O'Neill, Jr. associated with the installation of oil storage
tanks at Delray Acura, located at 655 N.E. 6th Avenue. (As
amended with substitute agreement.)
8.C. RIGHT OF ENTRY AGREEMENTS FOR SEACREST/DEL-IDA PARK
NEIGHBORHOOD IMPROVEMENTS (PHASE I): Approve the form Right of
Entry and License Agreement for Driveway Construction to be
executed between certain property owners in the Seacrest/Del-
Ida Park neighborhood and the City to allow the City or its
contractor to enter onto the homeowners' properties in order to
construct a driveway in the right-of-way as part of the Seacr-
est/Del-Ida Park Neighborhood Improvement Plan.
8.D. TRAFFIC ENFORCEMENT AGREEMENT/HAMMOCK RESERVE HOME
OWNERS ASSOCIATION: Approve an agreement between the City and
the Hammock Reserve Homeowners Association to allow the Delray
Beach Police Department to enforce state and local traffic laws
on the private roads of the Hammock Reserve subdivision.
8.E. CONSENT TO CHANGE IN CONTROL/SOLID WASTE FRANCHISE
AGREEMENT WITH BFI: Approve a Consent to Change in Control
pursuant to Section 26 of the Solid Waste Franchise Agreement
with Browning-Ferris Industries of Florida, Inc. (BFI) consent-
ing to the merger of BFI's parent company, Browning-Ferris
Industries, Inc., with Allied Waste Industries, Inc. The exist-
ing contract with BFI will be unaffected by the change in con-
trol.
8.F. RESTATED LEASE OF THE PROPERTY KNOWN AS THE MONTEREY
HOUSE: Approve a restated lease for the property known as the
Monterey House to reflect that the Lessee is the Florida Depart-
ment of State, Division of Historical Resources, replacing the
entity known as Historic Palm Beach County, Inc. as the Lessee.
8.G. CONSENT TO SUBLET A PORTION OF THE PROPERTY KNOWN
AS THE MONTEREY HOUSE: Approve a Consent to Sublease under the
restated lease agreement with the City for the Monterey House
wherein the Department of State, Division of Historical Resourc-
es, as Lessee, seeks to sublet three rooms on the first floor of
the Monterey House to the Delray Beach Historical Society.
8.H. CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/TELCON,
INC. (HIGHLAND BEACH FORCE MAIN PHASE II): Approve deduct close-
out Change Order #1 in the amount of $58,344.00 and final pay-
ment in the amount of $1,072.90 to Telcon, Inc. for completion
of the Highland Beach Force Main Phase II project, with funding
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from 442-5178-536-63.92 (W&S Renewal & Replacement/Highland
Beach Force Main).
8.I. CLOSEOUT CHANGE ORDER ~2 & FINAL PAYMENT/TRIO DEVELOP-
MENT CORPORATION, INC. (REHABILITATION OF LIFT STATIONS 16 &
31A): Approve closeout Change Order #2 in the amount of
$9,247.95 and final payment in the amount of $45,354.60 to Trio
Development Corporation, Inc. for completion of the Rehabilita-
tion of Lift Stations 16 & 3lA contract, including the S.E. 2nd
Avenue work pursuant to Change Order #1. Funding will be from
442-5178-536-61.83 (W&S Renewal & Replacement - Lift Station
Rehabilitation).
8.J. CLOSEOUT CHANGE ORDER ~1 & FINAL PAYMENT/B&B PROPER-
TIES, INC. (N.E. 7TH AVENUE WATER MAIN IMPROVEMENTS): Approve
deduct closeout Change Order #1 in the amount of $9,688.84 and
final payment in the amount of $17,697.12 to B&B Properties,
Inc. for completion of the N.E. 7th Avenue Water Main Improve-
ments project, with funding from 442-5178-536-63.50 (W&S Renewal
& Replacement - Water Line Upgrades).
8.K. FINAL PAYMENT/DELTA PETROLEUM & INDUSTRIAL, INC.
(REHAB OF FUEL SERVICE ISLANDS/TANKS AT POLICE DEPARTMENT AND
MUNICIPAL GOLF COURSE): Approve final payment in the amount of
$22,300.00 to Delta Petroleum & Industrial, Inc. for completion
of the remedial work to the fuel service islands at the Police
Department and the Municipal Golf Course. Funding will be from
334-6112-519-62.10 (General Construction Fund/Buildings).
8.L. APPROVAL OF PAYMENT TO PRESSURE CLEANING SERVICES INC.
(CLEANING OF CLARIFIERS AT WATER TREATMENT PLANT): Approve
payment in the total amount of $14,000.00 to Pressure Cleaning
Services Inc. for cleaning (descaling) of four (4) clarifiers at
the Water Treatment Plant, with funding from 441-5122-536-34.90
(Water Treatment & Storage/Other Contractual Services).
8.M. APPROVAL FOR LAW ENFORCEMENT TRUST FUND EXPENDITURES:
Pursuant to F.S. 932.7055(4) (b), approve expenditures (or pro-
posed purchases) totalling $64,537 from the Law Enforcement
Trust Fund, with funding to be taken from the following ac-
counts: $495 from 112-2172-521-522.20 (General Operating Sup-
plies) and $64,042 from 112-2172-521-64.90 (Capital Outlay/Other
Equipment).
8.N. REPLACEMENT OF CD ROM TOWERS FOR CITY ATTORNEY'S
OFFICE: Approve the replacement of the City Attorney's Office
CD ROM Towers with the purchase of a Millenia CD ROM Tower at a
cost of $20,471.00 from AmeriQuest Technologies, Inc., under SMS
GSA contract pricing, with funding in the amount of $1,500 from
001-1611-514-64.11 (City Attorney/Computer) and $18,971 from
334-6112-519-64.11 (Renewal & Replacement Fund).
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8.0. RESOLUTION NO. 47-99: Approve a resolution assessing
costs for abatement action associated with the demolition of an
unsafe structure located at 231 NoW. 8th Avenue.
The caption of Resolution No. 47-99 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY
THE CITY TO ACCOMPLISH SUCH ABATEMENT A/ND
LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING
SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING
FOR THE MAILING OF NOTICE.
(The official copy of Resolution No. 47-99 is on file
in the City Clerk's office.)
8.P. RESOLUTION NO. 48-99: Approve a resolution assessing
costs for abatement action necessary to remove junked and/or
abandoned vehicles from three (3) properties within the City.
The caption of Resolution No. 48-99 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
CHAPTER 90 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR
ABATING NUISANCES BY REMOVING JUNKED AND/OR
ABANDONED VEHICLES WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY
THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING SAID COSTS; PROVIDING FOR AN EFFEC-
TIVE DATE AND FOR A DUE DATE AND INTEREST ON
ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR
UNPAID ASSESSMENTS; PROVIDING FOR THE MAIL-
ING OF NOTICE OF LIEN.
(The official copy of Resolution No. 48-99 is on file
in the City Clerk's office.)
8.Q. RESOLUTION NO. 49-99: Approve a resolution assessing
costs for abatement action required to remove nuisances on
eighteen (18) properties throughout the City.
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The caption of Resolution No. 49-99 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
CHAPTER 100 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN LAND(S)
LOCATED WITHIN THE CITY OF DELRAY BEACH AND
PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM-
PANY THE NOTICE OF ASSESSMENT; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOM-
PLISH SUCH ABATEMENT AND LEVYING THE COST OF
SUCH ABATEMENT OF NUISANCES; PROVIDING FOR
AN EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING
SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 49-99 is on file
in the City Clerk's office.)
8.R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development
Boards for the period July 6th through July 16, 1999.
8.S. AWARD OF BIDS AND CONTRACTS:
1. Bid award in the total amount of $310,800.00 to
Murray Logan Construction, Inc. for the rehabili-
tation of Lift Stations 26, 13 and 24. The total
amount reflects $129,800 for the base bid for
Lift Station 26 rehab, plus $91,000 for alternate
#1 (Lift Station 13 rehab) and $90,000 for alter-
nate #2 (Lift Station 24 rehab). Funding will be
from 442-5178-536-61.83 (W&S Renewal & Replace-
ment/Lift Station Conversion to Submersible).
2. Purchase award in the amount of $38,166o00 to
Data Flow Systems, Inc., sole source provider for
telemetry equipment, for the purchase of teleme-
try components to be provided by the City in
association with the rehabilitation of Lift
Stations 26, 13 and 24. Funding will be from
442-5178-536-61.83 (W&S Renewal & Replace-
ment/Lift Station Conversion to Submersible).
3. Purchase award in the amount of $24,797.00 to
Southeastern Pump, via annual contract, for the
purchase of pumps and related equipment to be
provided by the City in association with the
rehab of Lift Stations 26, 13 and 24. Funding
will be from 442-5178-536-61.83 (W&S Renewal &
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Replacement/Lift Station Conversion to Submers-
ible).
4. Bid award in the amount of $22,833.00 to Hood
Depot, Inc. for the purchase and installation of
range hood systems and fire suppression systems
at Pompey Park and the Community Center as re-
quired by the Fire Department. Funding in the
amount of $8,500 will be from 001-4127-572-46.10
(Pompey Park Building Maintenance) and $14,333
from 001-4125-572-46o10 (Community Center Build-
ing Maintenance).
5. Contract award in the amount of $17,837.00 to
Atlantic Refrigeration Corp., under current air
conditioning maintenance contract, for replace-
ment of the Police Department's energy management
system for the control of seven (7) air condition-
ing units. The current system is not Y2K compati-
ble. Funding is available from
334-6111-519-63.21 (General Construction Fund -
Police A/C System).
Mr. Wright moved to approve the Consent Agenda as
amended, seconded by Mr. Randolph. Upon roll call the Commis-
sion voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes;
Mayor Alperin - Yes; Mrs. Archer - Yes. Said motion passed with
a 4 to 0 vote.
9. REGULAR AGENDA:
9.A. RESOLUTION NO. 46-99: Consider approval of a resolu-
tion declaring the necessity for public improvements for the
Seacrest/Del-Ida Park Neighborhoods, and directing the establish-
ment of a Special Assessment District to defray a part of the
expense for public improvements to the neighborhoods; providing
for the estimated cost of the improvements and for the prepara-
tion of the assessment roll.
The caption of Resolution No. 46-99 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, DECLARING THE
NECESSITY FOR PUBLIC IMPROVEMENTS FOR THE
SEACREST/DEL-IDA NEIGHBORHOODS AS SHOWN ON
EXHIBIT "A", AND DIRECTING THE ESTABLISHMENT
OF A SPECIAL ASSESSMENT DISTRICT TO DEFRAY A
PART OF THE EXPENSE FOR PUBLIC IMPROVEMENTS
TO THE SEACREST/DEL-IDA NEIGHBORHOODS;
PROVIDING FOR THE ESTIMATED COST OF THE
IMPROVEMENTS; PROVIDING FOR THE PREPARATION
OF THE ASSESSMENT ROLL.
6 7/20/99
(The official copy of Resolution No. 46-99 is on file
in the City Clerk's office.)
Mrs. Archer moved to postpone Resolution No. 46-99
indefinitely, seconded by Mr. Wright. Upon roll call the Commis-
sion voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes;
Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a
4 to 0 vote.
9.B. REQUEST FOR EXTENSION OF CONDITIONAL CERTIFICATE OF
OCCUPANCY - NEW JERUSALEM CHURCH OF GOD IN CHRIST: Consider a
request for an extension of the conditional certificate of
occupancy for the New Jerusalem Church of God in Christ to June
1, 2000.
Mr; Randolph made a motion to extend the conditional
certificate of occupancy for the New Jerusalem Church of God in
Christ until June 2000, seconded by Mr. Wright. Upon roll call
the Commission voted as follows: Mayor Alperin - Yes; Mrs.
Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion
passed with a 4 to 0 vote.
9.C. FY 2000 BUDGET - ESTABLISHMENT OF PROPOSED MILLAGE
RATE: Consider establishing the proposed millage rate for FY
2000.
Mr. Randolph moved to approve establishing the pro-
posed millage rate at 7.65 for fiscal year 2000, seconded by Mr.
Wright. Upon roll call the Commission voted as follows: Mrs.
Archer - No; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin
- Yes. Said motion passed with a 3 to 1 vote.
9.D. GRANT APPLICATION/BUREAU OF JUSTICE ASSISTANCE:
Consider authorizing the Police Department to apply for a Bureau
of Justice Assistance Annual Block Grant in the amount of
$162,045.00, approve the recommended allocation of funds, and
commit to the required ten percent (10%) funding match of
$16,205 to be funded from FY 2000 budget.
Mr. Wright moved to approve the grant application
seconded by Mr. Randolph .Upon roll call the Commission voted
as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph -
Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote.
9.E. CONTRACT AWARD/JMW CONSTRUCTION CORPORATION (POMPEY
PARK IMPROVEMENTS): Consider approval of a contract award in
the amount of $387,360.40 to JMW Construction Corporation, the
lowest responsive bidder based upon the revised scope of the
project, for the construction of renovations to the Pompey Park
recreational facilities. Funding will be from
334-4172-572-63.03 (General Construction Fund - Pompey Park
Ballfield), with $200,000 to be reimbursed from Palm Beach
County and $100,000 from the Florida Recreation Development
Assistance Program.
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Mr. Randolph moved to approve the contract award to
JMW Construction Corporation, seconded by Mrs. Archer. Upon
roll call the Commission voted as follows: Mr. Wright - Yes;
Mr. Randolph - Yes; Mayor Alperin - Yes; Mrs. Archer - Yes. Said
motion passed with a 4 to 0 vote.
At this point, the time being 7:00 p.m., the Mayor
moved to the duly advertised Public Hearings portion of the
agenda.
10. PUBLIC HEARINGS:
10.A. RESOLUTION NO. 45-99: A resolution providing for the
certification and adoption of the preliminary assessment roll
for the Pineapple Grove Entrance Special Assessment District to
include those properties bordering on N.E. 2nd Avenue from
Atlantic Avenue north to the first alley intersection; providing
for the assessment amount as to each property and the method of
payment of the special assessment.
The City Manager presented Resolution No. 45-99:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR
THE CERTIFICATION AND ADOPTION OF THE PRELIM-
INARY ASSESSMENT ROLL FOR THE PINEAPPLE
GROVE ENTRANCE SPECIAL ASSESSMENT DISTRICT
TO INCLUDE THOSE PROPERTIES BORDERING ON
N.E. 2ND AVENUE FROM ATLANTIC AVENUE NORTH
TO THE FIRST ALLEY INTERSECTION, AS MORE
FULLY DESCRIBED HEREIN; PROVIDING FOR THE
ASSESSMENT AMOUNT AS TO EACH PROPERTY;
PROVIDING FOR THE METHOD OF PAYMENT OF THE
SPECIAL ASSESSMENT; PROVIDING AN EFFECTIVE
DATE.
(The official copy of Resolution No. 45-99 is on file
in the City Clerk's office.)
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.
There being no one from the public who wished to ad-
dress the City Commission, the public hearing was closed.
Mrs. Archer moved to approve Resolution No. 45-99,
seconded by Mr. Randolph. Upon roll call the Commission voted
as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph -
Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote.
10.B. ORDINANCE NO. 25-99 (SECOND READING/SECOND PUBLIC
HEARING: An ordinance amending Section 4.6.13, "Parking and
Storage of Commercial Vehicles, Boats, Trucks, and Similar
?/20/99
Vehicles", of the Land Development Regulations to amend parking
and storage requirements as they relate to truck parking in the
Seacrest/ Del-Ida Park Neighborhood Plan in the R-1-A (Single
Family Residential) zone district. Prior to consideration of
passage of this ordinance on Second Reading and Second Public
Hearing, a public hearing has been scheduled to be held at this
time.
The City Manager presented Ordinance No. 25-99:
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 SECTION 4.6.13,
"PARKING AND STORAGE OF COMMERCIAL VEHICLES,
BOATS, TRUCKS, AND SIMILAR VEHICLES", TO
AMEND THE PARKING AND STORAGE REQUIREMENTS
AS THEY RELATE TO TRUCK PARKING IN THE
SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN AREA
IN THE R-1-A (SINGLE FAMILY RESIDENTIAL)
ZONE DISTRICT WITHIN THE CITY OF DELRAY
BEACH; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 25-99 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
compliance with the laws of the State of Florida and the Charter
of the City of Delray Beach, Florida.
There being no one from the public who wished to ad-
dress the City Commission, the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 25-99 on
Second and FINAL Reading, seconded by Mr. Wright. Upon roll
call the Commission voted as follows: Mr. Wright - Yes; Mr.
Randolph - Yes; Mayor Alperin - Yes; Mrs. Archer Yes. Said
motion passed with a 4 to 0 vote.
10.C. RESOLUTION NO. 50-99: A resolution establishing a
budget for the Stormwater Utility System, establishing the rates
for FY 2000 stormwater management assessments, and certifying
and adopting the stormwater assessment roll. Prior to considera-
tion of passage of this resolution, a public hearing has been
scheduled to be held at this time.
The City Manager presented Resolution No. 50-99:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING
A BUDGET FOR THE STORMWATER UTILITY SYSTEM;
ESTABLISHING RATES FOR STORMWATER MANAGEMENT
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ASSESSMENTS FOR EACH PARCEL WITHIN THE
BENEFITED AREA, OTHER THAN NON-ASSESSED
PROPERTY; PROVIDING FOR A PUBLIC HEARING,
ALL IN ACCORDANCE WITH CHAPTER 56 OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, AND RELEVANT STATUTORY
AUTHORITY; PROVIDING FOR THE CERTIFICATION
AND ADOPTION OF THE STORMWATER ASSESSMENT
ROLL.
(The official copy of Resolution No. 50-99 is on file
in the City Clerk's office.)
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.
There being no one from the public who wished to ad-
dress the City Commission, the public hearing was closed.
Mr. Randolph moved to approve Resolution No. 50-99,
seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mrs. Archer -
Yes; Mr. Wright - Yes. Said motion passed with a 4 to 0 vote.
10.D. ORDINANCE NO. 22-99 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Section 4.4.13, "Central Busi-
ness District", and Section 4.4.28, "Central Business District -
Railroad Corridor", in conjunction with the adopted Pineapple
Grove Main Street Plan. Prior to consideration of passage of
this ordinance on Second Reading and Second Public Hearing, a
public hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 22-99:
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 SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT", SUBSEC-
TION 4.4.13(B), "PRINCIPAL USES AND STRUC-
TURES PERMITTED", SUBSECTION 4.4.13(F) (2),
"OPEN SPACE", SUBSECTION 4.4.13(G) (2),
"SETBACKS", AND SUBSECTION 4.4.13(H), "SPE-
CIAL REGULATIONS", SUBPARAGRAPH (4); BY
AMENDING SECTION 4.4.28, "CENTRAL BUSINESS
DISTRICT-RAILROAD CORRIDOR (CBD-RC)" SUBSEC-
TION 4.4.28(B), "PRINCIPAL USES AND STRUC-
TURES PERMITTED", ALL TO AMEND THE CENTRAL
BUSINESS DISTRICT AND THE CENTRAL BUSINESS
DISTRICT-RAILROAD CORRIDOR ZONE DISTRICTS IN
CONJUNCTION WITH THE ADOPTED PINEAPPLE GROVE
MAIN STREET PLAN; PROVIDING A GENERAL REPEAL-
7/2o/99
ER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 22-99 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
compliance with the laws of the State of Florida and the Charter
of the City of Delray Beach, Florida.
There being no one from the public who wished to ad-
dress the City Commission, the public hearing was closed.
Mr. Randolph moved to adopt Ordinance No. 22-99 on
Second and FINAL Reading, seconded by Mr. Wright. Upon roll
call the Commission voted as follows: Mayor Alperin - Yes; Mrs.
Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion
passed with a 4 to 0 vote.
Prior to the vote, Diane Dominguez, Planning Director
presented the Commission with a memorandum from Barron E. Caron-
ite, PE, Assistant City Engineer, addressing prior concerns of
front building setbacks. It is his opinion that this ordinance
will not adversely affect the vehicular and/or pedestrian access
to the properties in question.
10.E. ORDINANCE NO. 26-99: An ordinance amending Chapter
50, "Utilities Generally; Public Service Tax", Section 50.19,
"Monthly Returns Required; Computation", by repealing Subsection
50.19(A) and enacting a new Subsection 50.19(A) to provide for a
quarterly return for sellers whose tax liability does not exceed
$120.00 per quarter.
The City Manager presented Ordinance No. 26-99:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REPEALING
CHAPTER 50, "UTILITIES GENERALLY; PUBLIC
SERVICE TAX", SECTION 50.19, "MONTHLY RE-
TURNS REQUIRED; COMPUTATION", SUBSECTION
50.19(A), OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH AND ENACTING A NEW
SUBSECTION 50.19(A) TO PROVIDE FOR A QUARTER-
LY RETURN FOR SELLERS WHOSE TAX LIABILITY
DOES NOT EXCEED ONE-HUNDRED AND TWENTY
DOLLARS ($120.00) PER QUARTER; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 26-99 is on file
in the City Clerk's office.)
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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°
There being no one from the public who wished to ad-
dress the City Commission, the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 26-99 on
Second and FINAL Reading, seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said
motion passed with a 4 to 0 vote.
11. Comments and Inquiries on Non-Agenda Items from the
Public-Immediately following Public Hearings.
11.A. City Manager's response to prior public comments and
inquiries.
The City Manager had no responses to prior public
comments and/or inquiries.
11.B. From the Public.
11.B.1. Arlene Spodak, 4665 W. Atlantic Avenue, informed the
Commission that in February 1999 the City started work on a
water main on her property without properly advising her of
their intentions. Since February her property has not been
restored to the level that it was when the City started work-
ing. She has tried numerous times to contact Howard Wight,
Deputy Director of Construction by phone but he has only re-
turned one of her calls. Since construction was completed in
March all she has had restored to her property is one piece of
sod, and had she known that the City was planning to do this
project she would not have upgraded her property just one month
prior. She also indicated that Gene Brown, Code Enforcement
Officer has now contacted her for not maintaining her property
based on complaints from the property owners directly behind
her. Ms. Spodak is frustrated since she can not get anyone to
restore her property to where it should be. She has pictures of
equipment that was used and the damage that was done. Ms.
Spodak requested assistance from the Commission in expediting
the restoration of her property to its prior condition.
Mayor Alperin informed Ms. Spodak that the City Manager will
investigate her problem and respond to her by the next regular
Commission meeting.
11.B.2. Gerald Defoe, 142 Mockingbird Lane, strongly urged the
Commission to endorse the new school concurrency program which
will be presented to the County Commission. Although the school
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concurrency will not solve all of our education problems, it
will together with the funds being currently considered by the
United States Congress, provide for qualified, competent teach-
ers to fill the classrooms concurrency will provide. The School
Board has tentatively agreed to the provisions of the proposed
concurrency program and will secure the funding for the equip-
ment and materials necessary to assure a better education for
our children of Delray Beach and Palm Beach County. He noted
that in the past, municipalities have been slow to agree to any
concurrency plan. Again, Mr. DeFoe strongly urged the Commis-
sion to support the school concurrency and to encourage fellow
Commissioners throughout the County to support it.
At this point, the Mayor returned to the Regular
Agenda.
9.F. LIFT STATION 83 EMERGENCY MANHOLE REPLACEMENT/MOLLOY
BROTHERS, INC: Consider approval of a change order in the
amount of $46,180.00 under Purchase Order previously awarded to
Molloy Brothers, Inc. for the emergency replacement of a sani-
tary manhole adjacent to Lift Station 83, with funding from
442-5178-536-46.90 (W&S Renewal & Replacement - Other Repairs
and Maintenance).
Mrs. Archer moved to approve an emergency change order
to Molloy Brothers, Inc., seconded by Mr. Wright. Upon roll
call the Commission voted as follows: Mr. Randolph - Yes; Mayor
Alperin - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said
motion passed with a 4 to 0 vote.
9.G. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD:
Appoint a member to the Parking Management Advisory Board to
fill an unexpired term ending January 31, 2000, in the capacity
of a business owner/operator representing the Atlantic Avenue
corridor between Swinton Avenue and 1-95. The appointment will
be made by Commissioner Wright (Seat %3).
Commissioner Wright moved to appoint James Shuler 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: Mayor
Alperin - Yes; Mrs. Archer Yes; Mr. Wright - Yes; Mr. Randolph
Yes. Said motion passed with a 4 to 0 vote.
9.H. APPOINTMENTS TO THE EDUCATION BOARD: Appoint four
regular members to the Education Board for two year terms ending
July 31, 2001 and one regular member to fill an unexpired term
ending July 31, 2000. The appointments will be made by Commis-
sioner Randolph (Seat #4), Mayor Alperin (Seat #5), Commissioner
Schmidt (Seat #1), Commissioner Archer (Seat #2) and Commission-
er Wright (Seat #3).
Commissioner Randolph moved to appoint Barbara Bean
Johnson as a regular member to the Education Board for a two
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year term ending July 31, 2001, seconded by Mr. Wright. Upon
roll call the Commission voted as follows: Mrs. Archer - Yes;
Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said
motion passed with a 4 to 0 vote.
Mayor Alperin stated that he wished to recommend Ralph
Morse as a regular member to the Education Board for a two year
term ending July 31, 2001. Mr. Randolph so moved, seconded by
Mr. Wright. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes. Said motion passed with a 4 to 0 vote.
Commissioner Archer moved to appoint Sheldon Weil as a
regular member to the Education Board for a two year term ending
July 31, 2001, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin
- Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed
with a 4 to 0 vote.
Commissioner Wright moved to appoint Clifford Durden
as a regular member to fill an unexpired term ending July 31,
2000, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mayor Alperin - Yes; Mrs. Archer - Yes; Mr.
Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 4
to 0 vote.
Inasmuch as Commissioner Schmidt was not present at
the July 20th meeting, his appointment was deferred to the
August 3, 1999 regular meeting.
9.I. APPONTMENT TO THE DELRAY BEACH HOUSING AUTHORITY:
Appoint a member to the Delray Beach Housing Authority to fill
an unexpired term ending March 6, 2002. The recommendation,
subject to acceptance by Mayor Alperin, will be made by Commis-
sioner Randolph (Seat #4).
Commissioner Randolph stated he wished to recommend
and appoint Janet Baron as a member to the Delray Beach Housing
Authority to fill an unexpired term ending March 6, 2002. Mayor
Alperin accepted Commissioner Randolph's recommendation, second-
ed by Mr. Wright. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph -
Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote.
12. FIRST READINGS:
None
13. Comments and Inquiries on Non-Agenda Items.
13.A. City Manager.
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The City Manager reported that we received notice from
the Florida Department of Transportation that within the next 30
days, FDOT will be installing a "Slippery When Wet" sign on the
Atlantic Avenue bridge.
The City Manager informed the Commission that tomor-
row, July 21, 1999, between 10:00 a.m. and noon, the State
Division of Emergency Management Director will be speaking at
the Emergency Management Center in West Palm Beach on issues
directed to senior management and elected officials. He invited
the Commission to attend.
13.B. City Attorney.
The City Attorney wished to thank Brian Shutt, Assis-
tant City Attorney for a favorable decision in Federal Court of
the Charles Powell case.
13.C. City Commission.
13.C.1. Commissioner Archer had no comments or inquiries.
13.C.2. Commissioner Randolph had no comments or inquiries.
13.C.3. Commissioner Wright
Commissioner Wright on behalf of the Commission,
expressed his thanks to Dick Eckerle, who is in poor health, for
his many years of dedicated service to the City.
13.C.4. Mayor Alperin
Mayor Alperin acknowledged the 1999 Architect Excel-
lence Award from the Florida America Architect Association was
recently presented to the Sundy House.
There being no further business, Mayor Alperin de-
clared the meeting adjourned at 7:30 P.M.
C~ity
ATTEST:
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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 July 20,
1999, which minuteswe/Ke form,ally approved and adopted by the
City Commission on ~?D_~L ~/~ .
NOTE TO 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 involve some amendments, additions
or deletions.
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