07-15-97 JULY 15, 1997
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,
July 15, 1997.
1. Roll call showed~
Present - Commissioner Kevin Egan
Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner David Schmidt
Mayor Jay Alperin
Absent - None
Also present were - City Manager David T. Harden and
Ass't. City Attorney David Tolces
2. The opening prayer was delivered by Reverend Buddy
Owens, Christ Community Chapel.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
4. Agenda ADDroval.
Mr. Ellingsworth moved to approve the agenda as submit-
ted, seconded by Mr. Schmidt. Upon roll call the Commission
voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes.
Said motion passed with a 5 to 0 vote.
5. ApDroval of Minutes=
Mr. Randolph moved to approve the Minutes of the
Regular Meeting of July 1, 1997, seconded by Mr. Ellingsworth.
Upon roll call the Commission voted as follows: Mr. Egan - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes;
Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote.
6. Proclamations=
None
7. Presentations=
7.A. RESOLUTION NO. 52-97= A resolution recognizing and
commending Yvonne and Eddie Odom for over 26 years of dedicated
service to the Delray Beach American Little League and naming the
Little League field at Pompey Park "Odom Field" in their honor.
The caption of Resolution No. 52-97 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING YVONNE AND EDDIE ODOM FOR OVER
26 YEARS OF DEDICATED SERVICE TO THE DELRAY
BEACH AMERICAN LITTLE LEAGUE AT POMPEY PARK.
(Copy of Resolution No. 52-97 is on file in the offi-
cial Resolution Book)
Mayor Alperin read the resolution in its entirety. Mr.
Ellingsworth moved to approve Resolution No. 52-97, seconded by
Mr. Randolph. Upon roll call the Commission voted as follows:
Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes;
Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5
to 0 vote.
Yvonne and Eddie Odom came forward to accept the
resolution from Mayor Alperin, as well as the thanks of the City
Commission.
Joe Weldon, Director of Parks and Recreation, stated
that the official dedication of the field will take place during
the Roots Festival, on August 2, 1997, at 11:00 a.m., and encour-
aged everyone to attend.
8. CONSENT AGENDA: City Manager recommends approval.
8.A. FINAL PLAT APPROVAL/F~4~OCK RESERVE: Approve the final
plat for Hammock Reserve, a proposed 273 zero lot line single
family subdivision, with a finding that it is necessary and
appropriate to create non-conforming lots with respect to lot
width in the RM-8 portion. The subject property is a portion of
the former Blood's Groves located east of Military Trail and
south of Linton Boulevard, containing approximately 83.3 acres.
8.B. FINAL PLAT APPROVAL/FAVALE ESTATES: Approve the final
subdivision plat for Favale Estates, a replat of two existing
lots into four individual lots to accommodate three fee simple
townhouse units and an existing duplex. The subject property is
located at the southwest corner of Avenue L and Spanish Trail and
contains 0.45 acres.
8.C. ROADWAY IMPROVEMENT AGREEMENT/CORAL TRACE DEVELOPMENT:
Approve an agreement for construction of roadway improvements at
Coral Trace development wherein the City agrees to be the named
permit applicant for turn lane and median modifications to
Atlantic Avenue within Florida Department of Transportation
right-of-way.
8.D. C~IANGE ORDER ~1 ~ FINAL PAYMENT/O'CONNOR & TAYLOR,
INC.: Approve deduct Change Order #1 in the amount of $4,180 and
final payment in the amount of $30,799 to O'Connor & Taylor, Inc.
for their work on the Ocean Rescue Headquarters project, with
funding from 334-4170-572-63.44.
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8.E. CHANGE ORDER ~1 AND FINAL PAYMENT/RIC-MAN INTERNATiON-
AL, INC.: Approve deduct Change Order #1 in the amount of
$15,284.51 and final payment in the amount of $98,590.99 to
Ric-Man International, Inc. for completion of the Highland Beach
Force Main Reconstruction project, with funding from
442-5178-536-63.92.
8.F. FINAL PAYMENT/REGAL CONTRACTORS, INC.: Approve final
payment in the amount of $16,925.69 to Regal Contractors, Inc.
for completion of the Lake Ida Road beautification project, with
funding from 334-4144-572-63.31.
8.G. FINAL PAYMENT/MURRAY LOGAN CONSTRUCTION, INC.: Approve
final payment in the amount of $15,331.46 to Murray Logan Con-
struction, Inc. for the Lift Station 50 Piping Modifications
project, with funding from 001-4131-572-46.90 ($3,810) and
442-5178-536-61.46 ($11,521.46).
8.H. SERVICE AUTHORIZATION ~6 TO CH2M HILL/WATER USE PERMIT
RENEWAL: Approve Service Authorization #6 in the amount of
$15,325.00 under the Agreement for Professional Services between
the City and CH2M Hill for consulting services related to the
renewal of the City's Water Use Permit from the South Florida
Water Management District, with funding from 441-5122-536-31.30
through budget transfer from 441-5142-536-62.10.
8.I. APPOINTMENT OF OUTSIDE COUNSEL/RITCHASON V. CITY OF
DELRAY BEACH: Approve the appointment of outside counsel as
recommended by the City Attorney.
8.J. RESOLUTION NO. 53-97: Adopt a resolution assessing
costs for abatement action required to remove nuisances on 19
properties throughout the City.
The caption of Resolution No. 53-97 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 INTER-
EST ON ASSESSMENTS; PROVIDING FOR THE RECORD-
ING OF THIS RESOLUTION, AND DECLARING SAID
LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY
FOR UNPAID ASSESSMENTS.
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(Copy of Resolution No. 53-97 is on file in the offi-
cial Resolution Book)
8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Site Plan Review and
Appearance Board during the period June 30 through July 11, 1997.
8.L. AWARD OF BIDS AND CONTRACTS:
1. Bid award through the Community Development Block
Grant Program to Edward Kaplan for a housing
rehabilitation project at 320 N.W. 3rd Avenue, in
the amount of $13,623.75 from 118-1963-554-49.19.
2. Bid award to Henry Haywood for rehabilitation of
two single family housing units owned by the City
under the HOPE 3 program; $22,501 for 521 S.W.
10th Street, and $19,914.30 for 239 N.E. 9th
Street, from 118-1922-554-49.19 and
118-1924-554-49.19.
3. Purchase award in the amount of $18,592 to Gateway
2000 via Florida State Contract %250-040-96-1 for
eight (8) Gateway computers for the City Clerk's
office, with funding from 001-1411-513-64.11.
Mr. Schmidt moved to approve the Consent Agenda,
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt
Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed
with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. DELRAY EAGLES FUNDING REQUEST: Consider a request from
the Delray Eagles, an Amateur Athletic Union (AAU) basketball
team for girls ten years old and under, for funding support to
participate in the National AAU Tournament to be held in Orlando
from August 1-10, 1997.
Lisa Johnson, Coach of the Delray Eagles, stated that
she felt it would be a great experience as well as a great honor
for the young women on the basketball team to attend the National
AAU Tournament and represent the Delray Beach area. The team has
received support and backing from Mad Dads, the Delray Merchants
Association and the Community Redevelopment Agency, as well as
from the team parents. Ms. Johnson respectfully requested that
the Commission consider funding the cost of the hotel accommoda-
tions since this would go a long way toward making the trip
possible.
Chuck Ridle¥, representing MAD DADS, spoke in support
of the request from the Delray Eagles, noting that the team has
thus far been able to raise about 50% of the necessary funding
4 7/15/97
for the trip. He encouraged the Commission to financially
support the effort since the basketball team is yet another forum
through which our children are kept away from crime and drug-re-
lated activities and learn to develop their self-esteem.
Mr. Egan commented that he felt this was a difficult
decision because the basketball team is a very worthwhile organ-
ization, yet he felt that any funding should be more or less in
line with what has been done for similar requests. However,
since this is a new group, he would be willing to go up to
$1,s00.00.
Mr. Egan moved to approve funding in the amount of
$1,500.00 for the Delray Eagles basketball team, seconded by Mr.
Schmidt. Upon roll call the Commission voted as follows: Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling-
sworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to
0 vote.
Prior to roll call, Mr. Ellingsworth stated that while
he would support the motion, he wished to clarify that this
funding is not something that is automatically going to happen
every year. Mayor Alperin, too, stressed that the Commission has
been trying to cut back on funds contributed to the various
groups. While he supports this particular group for having a
significant impact, he would not expect to see them back in the
future but rather find other sources of funding.
9.B. SUPPORT FOR COMMUNITY REDEVELOPMENT AGENCY GRANT
APPLICATION TO BEAUTIFUL PALM BEACHES, INC./WEST ATLANTIC AVENUE:
Consider approval of a request from the CRA for the City to
submit letters to Beautiful Palm Beaches (BPB) in support of the
application for beautification funding for West Atlantic Avenue
to endorse the project and provide assurances that the City will
be responsible for maintenance; and to sign the grant contract as
required by BPB if the grant is approved.
Chris Brown, Executive Director of the Community
Redevelopment Agency, introduced Shelley Treadwell, the CRA's new
Economic Development Manager, and Debora Turner, Landscape
Architect.
Shelly Treadwell explained that as part of the CRA's
commitment to the redevelopment of the West Atlantic Avenue
corridor, a grant application is being put together to be submit-
ted to Beautiful Palm Beaches, Inc. Beautiful Palm Beaches is a
non-profit organization that is affiliated with Keep America
Beautiful and is designated by the Palm Beach County Board of
Commissioners and the Metropolitan Planning Organization to
allocate state and county monies for landscaping on state and
county designated roads. The CRA proposes to submit an applica-
tion for up to $45,000.00 for improvements primarily to the
blocks between 3rd and 5th Streets on West Atlantic Avenue. The
proposal seeks to remove a few of the black olive trees that are
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existing and install approximately 12 royal palms, several live
oaks as well as the usual ground cover, tree islands and irriga-
tion. As an aside, Ms. Treadwell commented that there has been a
strong indication that the CRA has been highly ranked for some
ISTEA funding. However, typically, the CRA would not receive
those dollars for approximately three years. She stated that the
Commission is being asked to do three things. The first is to
endorse the submission of the grant application; the second is to
commit to the maintenance of the plantings; and the third thing
is to sign the grant agreement as the local government entity if
the grant funding is approved. The CRA Board voted to submit the
grant request and will fund up to $45,000, or half of the project
costs.
Debora Turner, the Project Landscape Architect, briefly
discussed the type of beautification proposed for the initial
blocks on West Atlantic Avenue, with the hope that the same theme
would be continued along the rest of the roadway as money becomes
available. The proposal is fairly consistent with what was done
on East Atlantic Avenue, using two live oaks at each end of the
block with three royal palms in between them on each block. When
the ISTEA funds become available, the nodes that come out into
the parking lane would be built and planted with coconut palms.
Ms. Turner clarified that the money received from Beautiful Palm
Beaches would only be used to buy the plant materials; the ISTEA
money can pay for the paving, utilities and streetlights.
Mr. Egan moved to approve the support of the CRA's
grant application to Beautiful Palm Beaches, Inc. and, if succes-
ful, to provide ongoing maintenance for the project and authorize
the City Manager to sign the grant agreement if the grant is
approved; seconded by Mr. Ellingsworth. Upon roll call the
Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes.
Said motion passed with a 5 to 0 vote.
9.C. FY 1997/98 BUDGET - ESTABLISHMENT OF PROPOSED MILLAGE
RATE.
The City Manager stated that the proposed millage has
to be established by August 4, 1997. When the July 8th workshop
was cancelled, the Commission agreed to meet on July 22nd if
necessary. The City Manager asked that the Commission plan to do
so in order for the proposed millage to be set at that time.
From the work he had done so far, he felt that the existing
millage would be adequate. However, the Library's funding
request is up by $300,000 and Old School Square's funding request
includes a $60,000 increase. In addition, there are a number of
organizations of various types that are coming in requesting new
funding. Several of these are job training programs involved
with helping people transition from welfare to work. These
things aside, the City Manager felt the millage can be kept where
it is, but would provide more information at next week's meeting
about some of the choices the Commission will need to make.
6 7/15/97
Mr. Randolph inquired as to the status of the Cross-
roads Club for the 1997/98 fiscal year? The City Manager was
uncertain if the group was supposed to start paying the City
back, but would check into the matter and report back on the
status. He further commented that the Crossroads Club does have
some issues with their conditional use approval which need to be
addressed, but he believes they are working on them.
It was the consensus of the City Commission to hold a
budget work session on Tuesday, July 22, 1997, at 6:00 p.m., to
include a special meeting for the purpose of establishing the
proposed millage rate.
9.D. CONTRACT ADDITION (C.O. ~I)/MOLLOY BROTHERS, INC.:
Consider approval of a contract addition (C.O. #1) in the amount
of $49,982.50 to the S.E. 4th Avenue Roadway Improvements con-
tract with Molloy Brothers, Inc. to include construction of
Frederick Boulevard from LaMat Avenue south approximately 500
feet. Funding will be from 334-3162-541-63.10 through budget
transfer from 334-0000-366-51.00.
Mr. Randolph moved to approve the contract addition
(C.O.#1) in the amount of $49,982.50 to Molloy Brothers, Inc.,
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph -
Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed
with a 5 to 0 vote.
9.E. REJECTION OF BIDS/WOODS OF SOUTHRIDGE ROADWAY CONSTRUC-
TION: Consider rejecting all bids received for the Woods of
Southridge roadway construction project, and authorize staff to
rebid the project with revised design specifications.
The City Manager stated that the bids received are
above what was expected. Upon reviewing the specifications for
the project, staff feels there are some things in the specifica-
tions that increase the cost that are not really necessary. In
view of this, staff recommends that the bids be rejected, rework
the specifications and rebid the project.
Mr. Ellingsworth moved to reject all bids received for
the Woods of Southridge roadway construction project and author-
ize staff to revise the specifications and rebid the project,
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion
passed with a 5 to 0 vote.
9.F. APPOINTMENTS TO THE EDUCATION BOARD: Appoint four
members to the Education Board for two year terms ending July 31,
1999. The appointments will be made by Commissioner Randolph,
Mayor Alperin, Commissioner Schmidt and Commissioner Egan.
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Mr. Randolph moved to reappoint Rosalind Murray to the
Education Board for a two year term ending July 31, 1999, second-
ed by Mr. Ellingsworth. Upon roll call the Commission voted as
follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt -
Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed
with a 5 to 0 vote.
Mayor Alperin stated that he wished to reappoint L.J.
"Sandy" Morrissett to the Education Board for a two year term
ending July 31, 1999. Mr. Ellingsworth so moved, seconded by Mr.
Randolph. Upon roll call the Commission voted as follows: Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling-
sworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to
0 vote.
Mr. Schmidt moved to reappoint Roland Williams to the
Education Board for a two year term ending July 31, 1999, second-
ed by Mr. Randolph. Upon roll call the Commission voted as
follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth -
Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed
with a 5 to 0 vote.
Mr. Egan moved to reappoint Mickey Green to the
Education Board for a two year term ending July 31, 1999, second-
ed by Mr. Randolph. Upon roll call the Commission voted as
follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph -
Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed
with a 5 to 0 vote.
9.G. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY:
Appoint a member to the Delray Beach Housing Authority to fill an
unexpired term ending July 14, 1998. Recommendation by Commis-
sioner Egan with appointment by Mayor Alperin.
Mr. Egan recommended the appointment of Michael Wright
to the Delray Beach Housing Authority to fill an unexpired term
ending July 14, 1998. Mayor Alperin accepted the recommendation.
Mr. Schmidt so moved, seconded by Mr. Randolph. Upon roll call
the Commission voted as follows: Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan
- Yes. Said motion passed with a 5 to 0 vote.
11. Comments and Inquiries on Non-Aqenda Items from the
Public-Immediately followinq Public Hearings.
11.A. City Manaqer's response to Drior public co=~ents and
inquiries.
The City Manager stated that a suggestion was made at
the last meeting regarding the possibility of using alleyways for
garbage collection. Most of the alleyways in the City are not
wide enough for garbage collection vehicles to maneuver in a safe
fashion. The City has arranged for alleyway collection service
8 7/15/97
along limited portions of certain major arteries such as Federal
Highway. However, alleyway pickups have been possible in only a
few areas due to limited pavement width, low wires and lack of
maneuvering room.
In response to the comment that the area around the
recycling containers north of City Hall was messy, the City
Manager stated that this area is periodically cleaned by Code
Enforcement personnel. Most of the problem occurs over the
weekends and City staff will make a special effort to make sure
this area is cleaned up on Mondays. Due to the volume of card-
board that is recycled, staff feels the dumpsters are serving a
worthwhile purpose despite some accumulation of materials on the
ground. Also, additional sites for recycled materials are being
added in the downtown area which should help to relieve the
recycling area at City Hall. Recently, the aluminum, plastic,
glass and newspaper recycling dumpster was changed to the "igloo"
type container and this has helped to reduce the amount of
spillage.
Regarding the concern expressed about the County's
Growth Management Plan and potential development in the agricul-
tural reserve area, the City Manager reported that the County's
Planning staff will be coordinating the development and presenta-
tion of its tiered growth management system through the Inter-
governmental Issues Forum and IPARC. Diane Dominguez, the City's
Planning Director, is the current chairperson of IPARC and she
expects to be well informed about the progress of this program.
She has also volunteered to participate as an interested party in
the policy review of the proposed tiered system. Ms. Dominguez
will provide the City Commission with status reports throughout
the process which is expected to run from August, 1997, into
early 1998.
With respect to the suggestion that the City should
allow barbed wire on fences in residential areas, the City
Manager stated that the code allows fences up to 8 feet in height
along the rear and side property lines in residential areas. A
fence of this height can be very effective in deterring unwanted
access. Barbed wire is only permitted in non-residential areas.
In practice, the Site Plan Review and Appearance Board has
discouraged its use in all but those areas that have very limited
visibility. This is because barbed wire, like security bars,
presents an unattractive, compound-like appearance that people
tend to associate with high crime areas and blighted conditions.
To say the least, it would not be consistent with the appearance
standards that the City promotes in residential neighborhoods.
The City recently adopted new standards for walls and fences
because of community concerns regarding the aesthetic appearance
of chain link. It is doubtful that an amendment to allow the use
of barbed wire in a residential neighborhood would receive much
support.
9 7/15/97
The City Manager stated that a suggestion was made at
the last meeting that the City could save some money if the City
Commission's agenda could be faxed to residents who request this
service rather than the agenda being mailed. If a resident has a
local fax number and would like to receive the agenda, this
request could be accommodated. At this point we do not expect
that the number of people with fax machines requesting this
service would be so high as to seriously impact staff time.
Under our present subscription service, a draft agenda is mailed
out on Friday afternoon. Subscribers are informed that there may
be changes to the draft agenda and they are welcomed to contact
the City Clerk's office on Monday for verification if an item is
on or off the agenda. Subscribers who are provided the agenda
via mail pay an annual fee of $25.00 which covers the cost of
paper, postage and handling. Since a local fax is the same as a
local telephone call, there really is no cost involved other than
the time it takes staff to send the document. Unless the number
of requests ballooned, staff feels the impact would be negligi-
ble. Our suggestion would be to fax the agenda on Monday morn-
ings when it is finalized instead of Friday afternoons which are
often hectic and changes can occur up to the last minute. If
there are people who would like the agenda faxed, they should
contact the City Clerk's office to make the necessary arrange-
ments.
ll.B. From the Public.
11.B.1. Don Dorenbass, 2320 Spanish Trail, read a portion of a
publication entitled "A Tribute to Dogs" which recognizes dogs as
man's best friend. Mr. Dorenbass referred to recent accounts in
newspapers about a vocal group of people who are complaining
about dogs on the beach. He stated that the City Code is very
explicit in prohibiting dogs from municipal parks and municipal
beaches. The sidewalk area on the municipal beach is well marked
and responsible pet owners obey the law and do not take their
dogs on that beach. However, Mr. Dorenbass felt there is a part
of the beach that is state property and is not patrolled by the
City. There are no lifeguards, it is unguarded, and any cleaning
that is done is done by private property owners. It is in this
area that some responsible pet owners take their dogs as well as
where some of the beachfront property owners walk their dogs.
Mr. Dorenbass stated that the Police Department has plenty of
responsibilities fighting crime, and asked that the City Commis-
sion do the right thing in this regard.
11.B.2. William Latimer, President of Delray Summit on Lowry
Street, addressed the Commission regarding the fire code require-
ment to have sprinklers installed in certain high rise buildings
and the organization of a task force concerning this issue. He
felt that the timing of the task force was very unfair since more
than half of the residents and many of the Summit's board members
are out of town for the summer. Also, he felt this to be a very
serious financial matter especially for elderly residents who
live on fixed incomes. Mr. Latimer asked that the Commission
-10- 7/15/97
consider postponing the establishment of the task force until
November 1st so that a majority of the owners will have returned
to their residences and there is enough time to get realistic
appraisals of the amount of money involved.
It was the consensus of the Commission to have staff
look into what might be an appropriate delay in order to accommo-
date those residents who are away from the City.
The City Manager stated that an amendment to the
enacting resolution will be prepared and placed on the August 5th
regular meeting agenda at which time the schedule can be altered
as the Commission deems appropriate.
ll.B.3. Steve Bates, Manager of the Banyan House, concurred
with Mr. Latimer's comments on the timing of the task force for
fire sprinklers in high rise buildings. The Banyan House is
currently down to ten percent occupancy which does not allow for
fair representation or input to a task force. He urged the
Commission to consider at least a 90 day extension. Mr. Bates
further stated that the task force currently calls for two
representatives from eleven associations. Those 11 associations
equate to about 800 condominium dwelling units. He felt that two
representatives would be inadequate representation and suggested
the amount of representatives be doubled, or at least have one
representative for every three buildings so that the residents
will have a stronger voice on the task team.
ll.B.4. Verona Gillion introduced herself as the new President
of the Carver Estates Residents Association which supports the
City Commission in its efforts and hopes that the Commission will
continue to support Carver Estates.
11.B.5. Morgan White, Secretary of the Board of Directors for
Seagate Manor, also expressed concern about the timing of the
high rise fire safety task team. At present Seagate Manor does
not have a sufficient number of owners in residence to take an
active interest. While he feels the task team is a good idea, he
concurred that a 90 day postponement would be in the best inter-
ests of everyone concerned.
11.B.6. Scott Fader, Delray Beach Club, also felt that only two
representatives from the residents and unit owners would be
inadequate. They are the people who are going to underwrite the
program and should have greater representation.
11.B.7. Pat Healy-Golembe, 2000 South Ocean Boulevard, stated
that she felt the high rise fire safety task team should have
more representation from the managers of the affected buildings.
She, too, felt that a postponement would be helpful to give the
unit owners time to get back and to get the proper research done.
11.B.8. Albert Heller, 3130 N.W. 10th Street, reiterated his
concerns about the Palm Tran bus facility on Congress Avenue.
-11- 7/15/97
The facility, as it was presented to the residents of Delray
Beach, was to have a berm built to conceal it from the public.
Mr. Heller stated that there is no berm and asked why it has not
be built? Mr. Heller further stated that at the time of the
hearing to rezone the property from Mixed Industrial and Commer-
cial District to CF (Community Facilities), Palm Tran's agent
represented that 80 new jobs would be available for residents of
Delray Beach. As of April, 1997, in a response from the City
Manager, the facility has only employed seven individuals from
Delray Beach. Mr. Heller asked what happened to the other 73
jobs? In conclusion, Mr. Heller inquired about the status of
changes to the MIC zoning district to preclude heavy industrial
uses?
Mayor Alperin stated that he personally disagrees with
every complaint Mr. Heller has ever made about the Palm Tran
facility, and feels that Mr. Heller will never be happy unless it
is torn down. Mayor Alperin further stated that he has instruct-
ed the City Manager not to waste any more time on his behalf
responding to Mr. Heller's constant complaints about Palm Tran.
ll.B.9. Robert Story, President of the Seagate Towers Associa-
tion, stated that Seagate Towers has 150 units to be considered
and the task team proposal will be a large undertaking. He
agreed with comments voiced previously on this issue and asked
the Commission to reconsider the composition of the task team
membership. Mr. Story suggested that it would be more appropri-
ate to have a consultant or an engineer in the fire profession
who could fairly present the pros and cons rather than someone
who installs fire sprinkler systems.
ll.B.10. Ken ~umphrey, 86 MacFarlane Drive and Manager for Barr
Harbor, concurred with the previous comments regarding the
establishment of a task team and code update for fire sprinklers.
He noted that Barr Harbor is an older building consisting of
residents living on fixed incomes and this proposal will have a
definite financial impact on them.
At this point, Fire Chief Rehr stated that he was a
little surprised to hear the comments and concerns being ex-
pressed by the residents who will be affected by the proposed
change in fire sprinkler protection. Staff is aware of the
impact this change will have on the community and the reason for
the task team being established is to look at all of the issues,
including safety and financial impacts, prior to consideration of
a code amendment by the City Commission. With respect to the
issue of timing, Chief Rehr felt that a 90 day postponement was
reasonable and he had no problem with including more representa-
tion as appropriate.
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At this point, the time being 7:00 p.m., the Commission
moved to the duly advertised Public Hearings portion of the
agenda.
10. PUBLIC HEARINGS:
10.A. CONSOLIDATED ACTION PLAN FY 1997-98 FOR ALLOCATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: Conduct a public
hearing and consider approval of the Consolidated Action Plan for
Fiscal Year 1997/98 in compliance with Federal guidelines govern-
ing the use of Community Development Block Grant (CDBG) funds.
Lula Butler, Director of Community Improvement, gave a
brief overview of the Consolidated Action Plan for 1997/98.
Mayor Alperin declared the public hearing open. No one
from the audience wished to address the Commission. The public
hearing was closed.
Mr. Egan moved to approve the Consolidated Action Plan
for Fiscal Year 1997/98, seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling-
sworth - Yes. Said motion passed with a 5 to 0 vote.
10.B. SALE OF CITY-OWNED PROPERTY (HOPE 3 PROGRAM)/McGREAL:
Consider approval of the Contract for Sale and Purchase between
the City and Michael McGreal for property located at 264 N.E.
14th Street through the HOPE 3 program.
Mayor Alperin declared the public hearing open. No one
from the audience wished to address the Commission. The public
hearing was closed.
Mr. Randolph moved to approve the Contract for Sale and
Purchase for property located at 264 N.E. 14th Street, seconded
by Mr. Egan. Upon roll call the Commission voted as follows:
Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with
a 5 to 0 vote.
12. FIRST READINGS:
12.A. ORDINANCE NO. 29-97: An ordinance amending Chapter 35,
"Employee Policies and Benefits", subheading "Civil Service", of
the City Code to conform with the changes to the Civil Service
Special Act passed by the 1997 State Legislature as embodied in
enrolled local bill HB 521. If passed, a public hearing will be
scheduled for August 5, 1997.
The City Manager presented Ordinance No. 29-97:
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AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS",
"CIVIL SERVICE", SECTION 35.002, "APPLICA-
TION; EXCLUSIONS", BY AMENDING SUBSECTION
(A), TO PROVIDE CLARIFICATION OF POSITIONS
NOT COVERED BY THE ACT AND BY CREATING A NEW
SUBSECTION (C), TO PROVIDE CERTAIN PROTEC-
TIONS FOR POLICE MAJORS WITH PREVIOUS CIVIL
SERVICE STATUS WITH THE CITY; AMENDING
SECTION 35.007, "FIXING PAY AND GRADE THROUGH
BUDGETARY PROCESS" BY AMENDING THE TITLE TO
.
"FIXING PAY, POSITION AND CLASSIFICATION
THROUGH BUDGETARY PROCESS"; AND SUBSECTIONS
(A) (B)(C) AND (D), TO PROVIDE REFERENCES TO
POSITIONS AND CLASSIFICATIONS, BUMPING
RIGHTS, RIGHTS UPON RESTORATION OF POSITION,
AND A HEARING PROCESS TO DETERMINE CONTESTED
SENIORITY RATINGS; AMENDING SECTION 35.013,
"DISMISSAL", BY AMENDING SUBSECTION (A) TO
PROVIDE FoR THE DELETION OF REFERENCES TO
GRADE, SUBSTITUTING THE WORD POSITION,
PROVIDING FOR REAPPOINTMENT BY THE CITY
MANAGER TO VACANT POSITIONS UNDER CERTAIN
CIRCUMSTANCES; REPEALING SECTION 35.014,
"RETAINMENT OF RANK, GRADE AND SENIORITY;
REDUCTION OF NUMBER IN GRADE"; AMENDING
SECTION 35.015, "PREFERENTIAL BONUS POINTS",
BY RENUMBERING SECTION 35.015 TO SECTION
35.014, "PREFERENTIAL BONUS POINTS"; PROVID-
ING A SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
The Assistant City Attorney read the caption of the
ordinance.
Mr. Egan moved to approve Ordinance No. 29-97 on FIRST
Reading, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling-
sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said
motion passed with a 5 to 0 vote.
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 Assistant City Attorney had no comments or inqui-
ries.
13.C. City Commission.
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13.C.1. Mr. Egan expressed concern about the Palm Acts contract
with respect to concerts at the tennis center, and asked the City
Manager to schedule this item for discussion at a future work-
shop.
13.C.2. Mr. Schmidt stated that there was no recycling pickup
in the northeast quadrant of the City on Monday (July 14th),
which is the regularly scheduled pickup day.
Secondly, Mr. Schmidt stated that he had received a
request to have the Palm Tran facility reconsidered by the
Commission. As a result of this request, he spent a fair amount
of time in the Planning Department reviewing the file and found
nothing on the site plan which indicated that there was ever to
be a berm on the east side of the facility.
13.C.3. Mr. Randolph asked if anyone had heard anything about
the FOX (Florida Overland Express) high-speed rail system being
brought back up?
In response, Mayor Alperin stated that it is still
alive and there will be some workshops coming up on it.
13.C.4. Mr. Ellinqsworth had no comments or inquiries.
13.C.5. Mayor Alperin had no comments or inquiries.
There being no further business, Mayor Alperin declared
the Regular Meeting adjourned at 7:15 p.m., at which time the
Commission convened the work session.
JCity ~l~rk -
ATTEST:
The n
e 'g e 's the City Clerk of the City of Delray Beach,
Florida, and the information provided herein is the minutes of
the July 15, 1997, regular meeting of the City Commission, which
minute~ were formally approved and adopted by the City Commission
on ()/997 ·
- J 6~t9 c~erk
NOTE TO READER: 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.
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