04-02-96 APRIL 2, 1996
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., Tuesday,
April 2, 1996.
1. Roll call showed:
Present - Commissioner Kevin Egan
Commissioner Ken Ellingsworth
Commissioner David Randolph
Mayor Jay Alperin
Also present were - City Manager David T. Harden and
Asst. City Attorney David Tolces
2. The opening prayer was delivered by Dr. Langer, Cason
United Methodist Church.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
4. Agenda Approval.
The City Manager announced the removal of Item 8.L.(3),
AWARD OF BIDS AND CONTRACTS, Consent Agenda; and, Item 9.F.,
ENTERPRISE ZONE INCENTIVE PROGRAM, Regular Agenda.
Mr. Ellingsworth moved to approve the Agenda, as amend-
ed, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mr. Egan Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 4
to 0 vote.
5. Approval of Minutes:
Mr. Ellingsworth moved to approve the Minutes of the
Regular Meeting of March 19, 1996, seconded by Mr. Randolph. Upon
roll call the Commission voted as follows: Mr. Ellingsworth -
Yes; Mr. Randolph Yes; Mayor Alperin - Yes; Mr. Egan - Yes.
Said motion passed with a 4 to 0 vote.
6. Proclamations:
6.A. Mae Volen Senior Center Month - May 1996.
Mayor Alperin read and presented a proclamation recog-
nizing the month of May 1996 as Mae Volen Senior Center Month.
Helen Rice came forward and accepted the proclamation.
6.B. 33rd Annual Delray Affair - April 12-14, 1996.
Mayor Alperin presented a proclamation recognizing the
33rd Annual Delray Affair during the weekend of April 12-14,
1996.
6.C. Taste of the Grove - April 21, 1996.
Mayor Alperin read and presented a proclamation recog-
nizing April 21, 1996 as "Taste of the Grove" Jennifer
Kilpatrick and Arlene Raft came forward and accepted the
proclamation.
It was noted by Mayor Alperin that one of the charities
which will be receiving 70% of monies is the Delray Beach Child
Care Center which was a beloved charity of Commissioner Barbara
Smith who recently passed away.
6.D. National Building Safety Week - April 7-13, 1996.
Mayor Alperin read and presented a proclamation recog-
nizing April 7-13, 1996 as National Building Safety Week. Lula
Butler, Director of Community Improvement, came forward and
accepted the proclamation.
6.E. National Public Works Week - May 19-25, 1996.
Mayor Alperin presented a proclamation recognizing the
week of May 19-25, 1996 as National Public Works Week. Scott
Solomon, Supervisor of Streets and Hoyt Owens, Deputy Director of
Public Works, came forward and accepted the proclamation.
6.F. OF NOTE: Children's Day - April 10, 1996.
Mayor Alperin presented a proclamation recognizing
April 10, 1996 as Children's Day.
7. Presentations:
7.A. Certificate of Appreciation to Douq Randolph from the
United Way of Palm Beach County.
Mayor Alperin presented a Certificate of Appreciation
to Doug Randolph from the United Way of Palm Beach County in
appreciation for helping the community through his volunteer
leadership during the 1995-1996 United Way Campaign. Mr. Ran-
dolph, through his organizational skills and dedication, helped
the City to qualify for the Bronze award.
8. CONSENT AGENDA:
8.A. FINAL PLAT APPROVAL/CASA LA BRISA: Approve the final
plat for Casa La Brisa, a proposed five unit townhouse develop-
ment to be located on the east side of Seabreeze Avenue, approxi-
mately 350 feet north of Atlantic Avenue.
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8.B. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/FORESTRY
PARTNERSHIP: Approve a Forestry Partnership Interlocal Agreement
with Palm Beach County to create a formal partnership for the
purpose of overseeing the forestry needs of the County and the
City.
8.C. RESOLUTION NO. 29-96: Approve a resolution authorizing
the acquisition of Lot 8, Block 5, Silver Terrace, for the public
purpose of constructing a road connecting Miami Boulevard to Park
Avenue, and authorizing the City Attorney to take appropriate
action in the event eminent domain proceedings become necessary.
The caption of Resolution No. 29-96 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE ACQUISITION IN FEE SIMPLE OF CERTAIN REAL
PROPERTY, FOR THE PUBLIC PURPOSE OF
CONSTRUCTING A PUBLIC ROAD CONNECTING MIAMI
BOULEVARD TO PARK AVENUE, FINDING THAT THE
ACQUISITION OF SAID PROPERTY IS REASONABLY
NECESSARY FOR THE IMPROVEMENT OF ITS
MUNICIPAL ROAD NETWORK; PROVIDING THAT IN THE
EVENT EMINENT DOMAIN PROCEEDINGS ARE
NECESSARY, THE CITY ATTORNEY IS AUTHORIZED TO
RETAIN THE SERVICES OF APPRAISERS, EXPERTS IN
OTHER DISCIPLINES, AND PRIVATE COUNSEL TO
ASSIST THE CITY ATTORNEY IN THIS MATTER;
PROVIDING AN EFFECTIVE DATE, AND FOR OTHER
PURPOSES.
(Copy of Resolution No. 29-96 is on file in the offi-
cial Resolution Book)
8.D. ACCEPTANCE OF EASEMENT DEEDS/RUDOLF OSTERMANN: Accept
easement deeds from Rudolf Ostermann granting to the City the
right to use the west five feet of Lots 1 through 9, Block 80,
for the installation of utilities on S.E. 1st Avenue.
8.E. AMENDMENT TO ENCROACHMENT LICENSE AGREEMENT WITH LAKE
WORTH DRAINAGE DISTRICT: Approve an amendment to the encroach-
ment license agreement between the City and the Lake Worth Drain-
age District to extend the term for a one year period until March
13, 1997.
8.F. (THIS ITEM WAS REMOVED).
8.G. FINAL PAYMENT/THE AIKMAN CORPORATION: Approve final
payment in the amount of $4,850 to The Aikman Corporation for
their work on the Municipal Golf Course restroom facilities, with
funding from 445-4761-572-62.10.
8.H. CHANGE ORDER NO. 2 (FINAL) AND FINAL PAYMENT/HARDRIVES
OF DELRAY, INC.: Approve Change Order No. 2 (Final) in the net
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deduct amount of $17,621.70, and final payment in the amount of
$40,549.30 to Hardrives of Delray, Inc. to close out the contract
for the School Site "S" Entrance Road and Intersection Improve-
ments project, with funding from 445-4761-572-63.90,
334-3162-541-63.11 and 63.13.
8.I. CHANGE ORDER NO. 1 (FINAL) AND FINAL PAYMENT/HARDRIVES
OF DELRAY, INC.: Approve Change Order No. 1 in the amount of
$2,564.00, and final payment in the amount of $8,933.40 to
Hardrives of Delray, Inc. to close out the contract for the 1995
Resurfacing Projects (Davis Road, Poinsettia Drive, Ross Drive,
Bishop Drive and Ambrose Drive), with funding from
334-3162-541-61.17.
8.J. FINAL PAYMENT/RAY QUALMANN MARINE CONSTRUCTION, INC.:
Approve final payment in the amount of $41,775 to Ray Qualmann
Marine Construction, Inc. for the Seawall and Retaining Wall
Rehabilitation project, with funding from 334-3162-543-61.93 and
448-5411-538-62.23.
8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Planning and Zoning
Board, Site Plan Review and Appearance Board and the Historic
Preservation Board during the period March 18 through March 29,
1996.
8.L. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Holt Contractors, Inc. for modifica-
tions to the Police Department Crime Laboratory,
in the amount of $39,589 from 115-2112-521-49.90,
and 334-6111-519-62.18 through budget transfer
from 334-4170-572-63.45.
2. Grant awards to Intercontinental Construction
Corp. through the SHIP and HOME programs for the
rehabilitation of three single family housing
units, to be awarded as follows: $16,748 for a
project at 717 S.W. 10th Street, $13,808 for 303
N.W. 5th Avenue, and $15,776 for 110 S.W. 7th
Avenue, with funding from SHIP Account No.
118-1924- 554-49.19 and HOME Account No.
118-1923-554-49.19.
3. (THIS ITEM WAS REMOVED).
4. Bid award via the City of Chipley, to Sensus
Technologies Inc., for the purchase of 5 hand-held
meter reading units and software, in the amount of
$20,134 from 442-5178-536- 64.11.
5. Purchase award to Johnson-Davis, Inc. for the
emergency removal and replacement of 279 linear
feet of deteriorated 8" sanitary sewer main at
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Alley Block 78, located between S.E. 1st and 2nd
Streets. Sinkholes developed in the pavement
above the main. Johnson-Davis was the low bidder
at $26,560. Funding is available from
442-5178-536-63.51.
Mr. Ellingsworth moved to approve the Consent Agenda,
as amended, seconded by Mr. Egan. Upon roll call the Commission
voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr.
Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4
to 0 vote.
Prior to roll call, with respect to Item 8.F., FPL Lump
Sun Relocation Agreement/East Atlantic Avenue, the Assistant City
Attorney reported that there was no amendment to the agreement.
The City asked FPL to make some changes and they were unwilling
to do it.
9. REGULAR AGENDA:
9.A. CONDITIONAL USE REOUEST/D.E.B. PETROLEUM, INC.: Con-
sider a request from D.E.B. Petroleum, Inc. for conditional use
approval to allow the establishment of a gasoline station with
attendant convenience store/food mart and Subway sandwich
shop/deli at the southwest corner of Linton Boulevard and Con-
gress Avenue. The site contains 0.68 acres and is zoned GC
(General Commercial) District. QUASI-JUDICIAL PROCEEDING
Assistant City Attorney Tolces stated that this item
will be conducted as a Quasi-Judicial Hearing which allows for
presentations by all involved parties, the admission of documents
into the record and public testimony.
The City Clerk swore in those individuals who wished to
give testimony on this item.
Diane Dominguez, Planning Director, entered into the
record the Planning and Zoning Department's file on this project
and a listing of pertinent documents. The proposal is to estab-
lish a gasoline service station consisting of six double sided
pumps (totaling 12 pumps) under a canopy, and a 25,000 sq. ft.
convenience store/food mart which also includes a Subway Sandwich
counter for take-out only. The station will be open 24 hours a
day. Service stations are permitted in the GC zoning district as
a conditional use which requires that certain findings be made
before approval can be granted. In regard to concurrency, the
proposal meets all standards for levels of service, including
traffic concurrency. In terms of compatibility, the main concern
is that of the adjacent apartment complex. Staff feels that the
site has been designed to have the least possible impact on those
apartments. There is a landscape buffer which exceeds code
requirements. There is a need to reduce the lighting; otherwise
staff feels the use is compatible. Another finding which is
whether or not the use will hinder development or redevelopment
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in the area or if it will have a detrimental impact upon the
stability of the neighborhood. The site is being designed to be
architecturally compatible with the apartment complex. Staff's
main concern with this use is the on-site circulation and the
size of the property relative to the uses which are proposed, and
the potential congestion with the addition of the Subway counter.
Staff conducted field investigations during peak hours of three
sites which contain a similar combination of uses. The result was
consistent with their traffic consultant's findings. The Plan-
ning and Zoning Board considered this item at its meeting of
March 18, 1996 and voted unanimously to recommended approval
subject to seven conditions of approval.
Michael Weiner, Agent, stated that he would like to
incorporate into the record discussion which had occurred at the
Planning and Zoning Board Meeting of March 18, 1996 as part of
this record. At this meeting detailed testimony was given con-
cerning the establishment of concurrency requirements and meeting
the procedural requirements for a conditional use request. He
emphasized that this hearing is a conditional use request and not
that of a rezoning. This request meets procedural requirements
of the LDR's and is consistent with the Comprehensive Plan. Mr.
Weiner stated that the applicant agrees to abide by all seven
conditions of approval.
There being no one else who wished to give testimony on
this item, the public hearing was closed.
Mr. Randolph reiterated that the Commission does not
want this use to be considered as a destination use as discussed
at a previous meeting. He asked if there was any intent to have
lottery ticket sales at this site?
Mr. Weiner responded that he was not aware of any
lottery operations intended at the site, although it is an allow-
able use. His client would reserve the right to conduct any
appropriate use under the conditional use request.
Mr. Ellingsworth moved to approve the conditional use
request for D.E.B. Petroleum, Inc., subject to the findings and
conditions as recommended by the Planning and Zoning Board,
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mayor Alperin - Yes; Mr. Egan - Yes; Mr. Ellingsworth
- Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0
vote.
9.B. CONSULTANT SELECTION FOR LAKE IDA ROAD BEAUTIFICATION:
Consider selection of a consulting firm to provide landscape
architectural services for the preparation of irrigation and
landscape plans and grant submittals for the beautification of
Lake Ida Road, between Swinton Avenue and Congress Avenue.
Nancy Davila, City Horticulturist, stated that the
selection committee reviewed the landscape architectural firms'
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response to the Request for Qualifications and ranked the top
three firms as follows: 1) Cotleur Hearing; 2) Land Design
South; and, 3) Peninsula Design & Engineering, Inc.
Representatives of the landscape architectural firms
were present to answer any questions of the Commission.
Mr. Ellingsworth moved to accept staff's recommendation
for the selection of a consulting firm for the Lake Ida Road
Beautification, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mr. Egan Yes; Mr. Ellingsworth -
Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion
passed with a 4 to 0 vote.
9.C. CONSULTANT SELECTION FOR 1-95 SOUND BARRIER WALL BEAU-
TIFICATION: Consider selection of a consulting firm to provide
landscape architectural services for the preparation of landscape
plans and grant submittals for the beautification of the sound
barrier walls along 1-95.
Mr. Egan moved to accept staff's selection for a con-
sultant to provide landscape architectural services for the
beautification of the 1-95 Sound Barrier Wall, seconded by Mr.
Randolph. Upon roll call the Commission voted as follows: Mr.
Egan Yes; Mr. Ellingsworth - Yes; Mr. Randolph Yes; Mayor
Alperin - Yes. Said motion passed with a 4 to 0 vote.
9.D. PALM BEACH INTERNATIONAL FILM FESTIVAL SPONSORSHIP:
Consider approval of a sponsorship in support of the Palm Beach
International Film Festival to be held April 11-17, 1996.
Mayor Alperin stated this was an excellent opportunity
for the City to participate in something which will be of benefit
to the community and felt that the City might want to consider a
contribution of more than $1,000.00.
Mr. Ellingsworth moved to approve a $1,000.00 sponsor-
ship in support of the Palm Beach International Film Festival,
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mr. Randolph - Yes; Mayor Alperin Yes; Mr. Egan -
Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0
vote.
9.E. CONCERT AT THE TENNIS STADIUM: Consider approval for a
James Brown concert at the Tennis Stadium on May 11, 1996.
Mr. Egan expressed his concern regarding the lack of
concerts at the Tennis Center. However, after discussing the
issue with the City Manager, he better understands the situation.
Chip Mills, representing Palm Acts Charities Corp.,
stated that this particular venue is very tough to market as
there is a lot of competition in South Florida. He pointed out
that the first year has been especially hard, however, many
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problems have been addressed and he was optimistic that the
industry is now aware of the availability of this facility in
Delray Beach.
Mr. Randolph moved approval of a James Brown concert at
the Tennis Stadium on May 11, 1996, seconded by Mr. Egan. Upon
roll call the Commission voted as follows: Mayor Alperin - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mr. Egan - Yes. Said
motion passed with a 4 to 0 vote.
Prior to roll call discussion was had.
Mr. Mills announced that there will be more activity at
the Tennis Stadium and that there are several concerts planned
during the next few months. At the present time negotiations are
under way for four to eight concerts during 1996.
9.F. THIS ITEM WAS REMOVED.
9.G. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY:
Appoint a member to the Community Redevelopment Agency to fill an
unexpired term ending July 10, 1998. Appointment by Commissioner
Egan (Seat #2).
Mr. Egan moved to appoint Richard Mouw to the Community
Redevelopment Agency to fill an unexpired term ending July 10,
1998, seconded by Mr. Ellingsworth. Upon roll call the Commis-
sion voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes;
Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with
a 4 to 0 vote.
9.H. APPOINTMENT TO THE AFFORDABLE HOUSING ADVISORY COMMIT-
TEE (RESOLUTION NO. 30-96): Appoint a citizen-at-large to the
Affordable Housing Advisory Committee and adopt Resolution No.
30-96. Appointment by Commissioner Egan {Seat #2).
Mr. Egan moved to appoint George Maso Jones as a citi-
zen-at-large to the Affordable Housing Advisory Committee and
adopt Resolution No. 30-96, seconded by Mr. Ellingsworth. Upon
roll call the Commission voted as follows: Mr. Ellingsworth -
Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Egan - Yes.
Said motion passed with a 4 to 0 vote.
At this point the Commission moved to the First Read-
ings portion of the Agenda.
12. FIRST READINGS:
12.A. ORDINANCE NO. 17-96: An ordinance rezoning a 0.28 acre
parcel of land (Southern Bell switching station site) from CF
(Community Facilities) District to AC (Automotive Commercial)
District for Wallace Dodge/Nissan. The subject property is
located on the north side of Linton Boulevard, between S.W. 10th
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Avenue and Wallace Drive. If passed, public hearing on April 16,
1996.
The City Manager presented Ordinance No. 17-96:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED CF (COMMUNITY
FACILITIES) DISTRICT IN THE AC (AUTOMOTIVE
COMMERCIAL) DISTRICT; SAID LAND BEING LOT 47
AND THE ADJACENT SOUTH 25 FEET OF PRINCESS
BOULEVARD, SANDS O'SEAS PLAT, AS MORE
PARTICULARLY DESCRIBED HEREIN, LOCATED ON THE
NORTH SIDE OF LINTON BOULEVARD BETWEEN S.W.
10TH AVENUE AND WALLACE DRIVE; AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(Copy of Ordinance No. 17-96 is on file in the official
Ordinance Book)
Mr. Ellingsworth moved to approve Ordinance No. 17-96
on FIRST Reading, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mr. Randolph Yes; Mayor Alperin
- Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion
passed with a 4 to 0 vote.
At this point the Commission moved to the Comments and
Inquiries on Non-Agenda Items portion of the agenda.
13. Comments and Inquiries on Non-Aqenda Items.
13.A. City Manaqer.
The City Manager had no comments or inquiries.
13.B. Assistant City Attorney.
Assistant City Attorney David Tolces announced that the
City has received notice regarding a litigation case (Network
Financial regarding Lake Ida Shores), and that the Judge has
ruled in the City's favor.
13.C. City Commission.
The City Commission had no comments or inquiries.
At this point, the meeting was adjourned at 6:45 p.m.
and reconvened at 7:00 p.m., to the duly advertised Public Hear-
ings portion of the agenda.
10. PUBLIC HEARINGS:
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10.A. ORDINANCE NO. 15-96: An ordinance repealing Section 1
of Ordinance No. 107-82 which named Sun Bank as successor Trustee
to the General Employees Pension Plan, and terminating the trust
agreement which was originally between the City and First Nation-
al Bank of Delray Beach and thereafter Sun Bank, as successor.
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. 15-96:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REPEALING
SECTION (1) OF ORDINANCE NO. 107-82;
TERMINATING A TRUST AGREEMENT ENTERED INTO
BETWEEN THE CITY OF DELRAY BEACH, FLORIDA, AS
SETTLOR, AND FIRST NATIONAL BANK OF DELRAY
BEACH, AS TRUSTEE, DATED NOVEMBER 13, 1964,
AS SUBSEQUENTLY AMENDED; PROVIDING A SAVINGS
CLAUSE, AND AN EFFECTIVE DATE.
(Copy of Ordinance No. 15-96 is on file in the official
Ordinance Book)
Assistant City Attorney Tolces read the caption of the
ordinance. 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. The public hearing
was closed.
Mr. Randolph moved to adopt Ordinance No. 15-96 on
Second and FINAL Reading, seconded by Mr. Egan. Upon roll call
the Commission voted as follows: Mayor Alperin - Yes; Mr. Egan -
Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion
passed with a 4 to 0 vote.
10.B. ORDINANCE NO. 16-96: An ordinance amending Chapter 90,
"Abandoned Property; Junkyards", of the City Code to clarify
procedures for the removal of abandoned property from both public
and private property, including notice, hearing, collection of
costs, and authority to lien; and to provide conformance with
Section 705.103, Florida Statutes. 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. 16-96:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 90, "ABANDONED PROPERTY; JUNKYARDS,"
SECTION 90.01, "DEFINITIONS"; TO PROVIDE FOR
DEFINITIONS FOR THE TERMS "ABANDONED MOTOR
VEHICLE," AND "ABANDONED PROPERTY"; REPEALING
SECTION 90.02, "ABANDONMENT OF PROPERTY OR
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WRECKED OR INOPERABLE MOTOR VEHICLES ON
PUBLIC PROPERTY" IN ITS ENTIRETY, AND ENACT-
ING A NEW SECTION 90.02, "STORING, PARKING,
OR LEAVING ABANDONED PROPERTY ON PUBLIC
PROPERTY"; TO PROVIDE PROCEDURES FOR THE
REMOVAL OF ABANDONED PROPERTY FROM PUBLIC
PROPERTY INCLUDING NOTICE, HEARING, COLLEC-
TION OF COSTS, AND AUTHORITY TO LIEN; TO
PROVIDE FOR CONFORMANCE WITH SECTION 705.103,
FLORIDA STATUTES, REGARDING NOTICES TO OWN-
ERS, COLLECTION OF COSTS, AND AUTHORITY TO
LIEN; REPEALING SECTION 90.03, "STORING,
PARKING, OR LEAVING WRECKED OR INOPERABLE
MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEP-
TIONS'' IN ITS ENTIRETY, AND ENACTING A NEW
SECTION 90.03, "STORING, PARKING, OR LEAVING
ABANDONED PROPERTY ON PRIVATE PROPERTY"; TO
PROVIDE PROCEDURES FOR THE REMOVAL OF ABAN-
DONED PROPERTY FROM PRIVATE PROPERTY INCLUD-
ING NOTICE, HEARING, COLLECTION OF COSTS, AND
AUTHORITY TO LIEN; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(Copy of Ordinance No. 16-96 is on file in the official
Ordinance Book)
Assistant City Attorney read the caption of the ordi-
nance. 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. The public hearing
was closed.
Mr. Ellingsworth moved to adopt Ordinance No. 16-96 on
Second and FINAL Reading, seconded by Mr. Egan. Upon roll call
the Commission voted as follows: Mr. Egan - Yes; Mr.
Ellingsworth - 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 responded to Mrs. Finst's inquiry
regarding outside storage of materials on the east side of 1-95
in the vicinity of the industrial area on S.W. 10th Street. On
March 26, 1996, staff toured this area and found stored outside.
The property owner has agreed to remove some barrels stored at
the rear of a business in this area. A storage facility owned by
Beaver Properties, 1220 - 1240 Tangelo Terrace, has a significant
amount of material stored outside such as barricades, portable
signs, pipes, etc. A violation notice was issued to the property
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owner. The City Manager noted there were no other problems
found in the area.
In response to Mr. Kamarata's comment regarding the
need for street lights in the Tropic Palms area, the City Manager
reported that there are 76 street lights located in this area,
and approximately 40 of these lights are buried behind overgrown
trees which block the lighting. Staff is working with the home-
owners and the Tropic Palms Homeowners Association to get the
trees trimmed. Also, there is a need to install 7 additional
lights which do not meet the minimum criteria requirements be-
cause the existing lights are located too far apart; 5 street
lights need to be relocated; and 2 fixtures need to be replaced
by cobra heads. Even though work has begun on this project, it
will take some time to complete the work. The City Manager
stated that these changes will improve street lighting in the
area. Once these improvements have been made an additional
survey will be conducted and staff will advise whether the lights
should be upgraded to 9500 lumens (currently, they are at 5800
lumens).
ll.B. From the public.
ll.B.1. Gerald DeFoe, representing Country Manors Homeowners
Association and President of Progressive Residents of Delray
(PROD), asked if the City would consider contacting Palm Beach
County in an effort to place shelters at bus stops to provide
protection from the weather. He noted that at some point the
Commission had discussed the issue of having public transporta-
tion within the City. Without the provision of shelters, Mr.
DeFoe felt this would defeat the purpose. Since CO-TRAN will be
running buses in the downtown area, Mr. DeFoe urged the Commis-
sion to consider working with Palm Beach County in this regard.
Alice Finst, 707 Place Tavant, expressed appreciation
to the City Manager for checking into the situation of outside
storage along 1-95.
She noted that the City's downtown area looks great and
was impressed by the many changes which have taken place during
the past ten years.
Mrs. Finst expressed concern of the poor appearance of
the ticket booth at Veteran's Park. She pointed out that the
fence appears to be falling down and that she was appalled to see
an ice cooler sitting outside the booth. Mrs. Finst felt it was
a shame to see such a lovely park being affected by a private
business. She emphasized that this condition gives a very bad
appearance and urged the City to correct the situation.
George Rotchford, 2129 S.W. 35th Avenue, commented
about the recent charges of racial discrimination against the
City by several Police Officers at a Federal Court. He suggested
that the City should appeal the $760,00.00 award through the
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entire appellant court system. He felt that the appellant courts
realize jury verdicts are often unreliable and can result in
severe miscarriages of justice. Mr. Rotchford felt that not to
contest the award would amount to an injustice of $1 million
dollars of taxpayers' monies. He also noted that the attorneys
for the City should also seek grounds for collecting any poten-
tial legal costs incurred by the City should the award be re-
versed. He pointed out that the City of Stuart is going through
a similar case and that there may be such cases against other
Florida cities and perhaps it may be possible to cooperate with
them for a mutual savings for all parties.
Joseph Lipofsk¥, 2200 South Ocean Boulevard, noticed
surveying work being conducted along South Ocean Boulevard, south
of Linton Boulevard. After contacting the City's Streets Divi-
sion, he was informed that they were not aware of any work.
After approximately ten days FDOT responded that they are plan-
ning to repave South Ocean Boulevard. Also, they plan to fill
each shoulder of the existing roadway with gravel, compacting it
and putting a 4 foot wide pavement on each side. FDOT feels this
will help to stabilize the road and provide a place for vehicles
to pull over. Mr. Lipofsky felt that this work is undesirable
and would not be very appealing.
Secondly, Mr. Lipofsky pointed out that there is a
series of newspaper racks on South Ocean Boulevard, south of
Linton Boulevard, which are very unattractive. He noted that
traffic barricades have been set in the ground at this area
recently. He also noticed vehicles parking on the grass and/or
sidewalk resulting in pedestrians having to wait until the car
has moved in order to continue walking on the sidewalk. He asked
if the newspaper racks could be removed from this area?
Mayor Alperin informed Mr. Lipofsky that the City is
currently working on a newsrack ordinance and is in the process
of negotiating with the newspapers in this regard.
Mr. Lipofsky reported that the individual he contacted
at FDOT was Patrick Glass and that he could be reached at (954)
777-4681.
There being no further business, Mayor Alperin declared
the meeting adjourned at 7:15 p.m.
City clerk~--I '
ATTEST:
-13- 4/02/96
The undersigned is the City Clerk of the City of Delray
Beach, Florida, and the information provided herein is the min-
utes of the meeting of said City Commission of April 2, 1996
which minutes were formally approved and adopted by the City
Commission on ~x]/~'~ ~. /~
City Clerk ~ '
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.
-14- 4102/96