04-16-96 APRIL 16, 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 16, 1996.
1. Roll call showed:
Present - Commissioner Kevin Egan
Commissioner Ken Ellingsworth
Commissioner David Randolph
Mayor Jay Alperin
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
2. The opening prayer was delivered by Pastor Greg Bar-
rette, Unity Church of Delray Beach.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
4. Aqenda ADproval.
The City Attorney stated that Item 9.G., Bid
Award/Metro Sewer Services, Inc., has been removed from the
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. ADDroval of Minutes:
Mr. Randolph moved to approve the Minutes of the Regu-
lar Meeting of April 2, 1996, and Special Meeting of April 9,
1996, seconded by Mr. Egan. 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:
None.
7. Presentations:
7.A. Delray Citizens for Delray Police - Del-Aire Annual
Charity Golf Tournament.
Perry DonFrancisco, on behalf of Delray Citizens for
Delray Police, expressed sincere appreciation to the residents of
the Del-Aire Country Club for their fund raising efforts through
their annual charity golf tournament. The purpose of this event,
which is in its seventh year, is to raise dollars for support of
the Police, Fire and Emergency Rescue departments. This year,
the Del-Aire residents raised in excess of $24,000.00.
Mal Levison, President of Del-Aire Country Club, pre-
sented Police Chief Richard Overman with a check in the amount of
$10,620.00. Chief Overman expressed his sincere thanks and
appreciation to the Del-Aire community for its generosity.
Joan Myer, Property Owners Association President and
Golf Tournament Committee member, presented Fire Chief Robert
Rehr with a check in the amount of $10,620.00. Chief Rehr ex-
pressed his sincere thanks and appreciation and stated that with
this money, the Fire Department has been able to buy additional
medical, extrication, and rescue equipment which might otherwise
not be available.
7.B. Delra¥ Beach Youth Council
Lowrie Simon, President of the Greater Delray Beach
Youth Council, updated the Commission on the Council's accom-
plishments since April 1, 1995, and asked for the City's support
in future activities. In addition, he recognized the members,
mentors, and founders of the council and thanked everyone for
their efforts and support.
Sacasha Brown, senior at Atlantic High School, urged
the Commission to continue its efforts to support the young
people in our community. Ms. Brown asked that consideration be
given to the possibility of the City providing matching funds to
those raised by the Youth Council in support of the upcoming
Youth Conference which will be held May 17-18, 1996.
Doug Christie, Youth Council Executive Board member,
thanked the Commission for their support.
With respect to considering any financial support, the
City Manager stated that he expects to bring the mid-year budget
adjustment to the Commission at the May 7th meeting. It is
possible something could be included at that time if the Commis-
sion wishes to do so.
8. CONSENT AGENDA: City Manager recommends approval.
8.A. FINAL PLAT APPROVAL/CATALFUMO P.O.C. PLAT: Approve the
final boundary plat for Catalfumo P.O.C., which is a replat of
part of the existing Hardrives site west of Congress Avenue.
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8.B. FINAL PLAT APPROVAL/REPLAT OF LAKESIDE AT CENTRE'
DELRAY: Approve the Replat of Lakeside at Centre' Delray to
reflect the Office Depot development.
8.C. FINAL PLAT APPROVAL/REPLAT OF THE TERRACES AT CENTRE'
DELRAY: Approve the Replat of The Terraces at Centre' Delray to
reflect the Office Depot development.
8.D. SERVICE AUTHORIZATION %I/ROBERT G. CURRIE PARTNERSHIP,
INC.: Approve Option "A" of Service Authorization #1 with Robert
G. Currie Partnership for professional services related to the
City Hall Envelope Project in the amount of $146,920.00, and
authorize the consultant to proceed only with Phase I (Research
and Program Refinement) at this time. Interim funding from Prior
Years Surplus via transfer to General Construction Fund
(#334-3431-519-31.30) .
8.E. FINAL PAYMENT/ALUMINUM PLUS: Approve final payment to
Aluminum Plus for their work on the Public Works Complex fuel
island canopy, in the amount of $16,300 from 501-3311-591-63.90.
8.F. CHANGE ORDER #1 & FINAL PAYMENT/J.L. HENDERSON CON-
STRUCTION CO., INC.:. Approve deduct Change Order #1 in the
amount of $4,900 and final payment in the amount of $13,275 to
J.L. Henderson Construction Co., Inc. for the Ridgewood Road
Water Main project, with funding from 440-5179-536-63.60.
8.G. SOUTHEAST 4TH AVENUE DESIGN ALTERNATIVES: Approve the
design for the S.E. 4th Avenue street reconstruction project;
Alternate #1 between Atlantic Avenue and S.E. 1st Street, and
Alternate #2 between S.E. 1st and 2nd Streets.
8.H. RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS
COMMITTEE: Ratify the appointment of five members to the Kids
and Cops Committee for two-year terms ending April 22, 1998.
8.I. RESOLUTION NO. 31-96: Adopt a resolution assessing
costs for abatement action required to demolish an unsafe build-
ing at 125 S.W. 5th Avenue.
The caption of Resolution No. 31-96 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 AND LEVYING THE
COST OF SUCH ACTION; PROVIDING FOR AN EFFEC-
TIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF
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THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR
UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING
OF NOTICE.
(Copy of Resolution No. 31-96 is on file in the offi-
cial Resolution Book)
8.J. RESOLUTION NO. 32-96: Adopt a resolution assessing
costs for abatement action required to board up an unsafe build-
ing at 904 N.W. 1st Avenue.
The caption of Resolution No. 32-96 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 AND LEVYING THE
COST OF SUCH ACTION; PROVIDING FOR AN EFFEC-
TIVE 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.
(Copy of Resolution No. 32-96 is on file in the offi-
cial Resolution Book)
8.K. RESOLUTION NO. 33-96: Adopt a resolution assessing
costs for abatement action required to board up an unsafe build-
ing at 13 Swinton Circle.
The caption of Resolution No. 33-96 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 AND LEVYING THE
COST OF SUCH ACTION; PROVIDING FOR AN EFFEC-
TIVE 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
4 04/16/96
UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING
OF NOTICE.
(Copy of Resolution No. 33-96 is on file in the offi-
cial Resolution Book)
8.L. RESOLUTION NO. 34-96: Adopt a resolution assessing
costs for abatement action required to remove nuisances on 15
properties throughout the City.
The caption of Resolution No. 34-96 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) LOCAT-
ED WITHIN THE CITY OF DELRAY BEACH AND PRO-
VIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY
THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL
COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATE-
MENT 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.
(Copy of Resolution No. 34-96 is on file in the offi-
cial Resolution Book)
8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept actions and decisions made by the Planning and Zoning
Board, Site Plan Review and Appearance Board and Historic Preser-
vation Board during the period April 1 through April 12, 1996.
8.N. RESOLUTION NO. 36-96: A resolution opposing the recom-
mendations in the President's 1996 budget request which would
remove Federal participation in water resources projects which
are not "nationally significant", including beach renourishment
projects.
The caption of Resolution No. 36-96 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, OPPOSING
RECOMMENDATIONS IN THE PRESIDENT'S 1996
BUDGET REQUEST WHICH WOULD REMOVE FEDERAL
PARTICIPATION IN WATER RESOURCES PROJECTS,
INCLUDING BEACH RENOURISHMENT PROJECTS, WHICH
ARE NOT "NATIONALLY SIGNIFICANT"; RECOMMEND-
ING THAT THE CURRENT FEDERAL CRITERIA FOR
PARTICIPATION AND COST-SHARING BE RETAINED;
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AND OPPOSING ANY FUTURE LEGISLATION WHICH MAY
ELIMINATE OR LIMIT FEDERAL PARTICIPATION IN
SUCH EFFORTS; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
(Copy of Resolution No. 36-96 is on file in the offi-
cial Resolution Book)
8.0. AWARD OF BIDS AND CONTRACTS:
1. Bid award to All-Rite Paving Contractors, Inc. for
the Homewood Boulevard Roadway Repair, in the
amount of $45,790.50 from 334-3162-541-61.21.
Mr. Ellingsworth 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. Egan -
Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0
vote.
9. REGULAR AGENDA:
9.A. APPOINTMENT TO THE CITY COMMISSION/SEAT 01: Appoint-
ment of a Commissioner to fill an unexpired term on the City
Commission (Seat #1) ending March 27, 1997.
Mayor Alperin suggested that each Commissioner list his
top three choices, but not rank them, and then pass the list to
the City Attorney. The City Attorney will review the lists and
advise if any names are on more than one list. The Commission
concurred.
Discussion by the Commission followed.
Mr. Ellingsworth stated this has been a very difficult
decision to make and hopes if there is an election next March,
that there will be fourteen names on the ballot.
Mr. Randolph stated that he was truly impressed with
all of the fourteen applicants and thanked the public for their
interest.
Mr. Egan stated that in addition to the fourteen appli-
cants, he is amazed at the amount of people who have taken the
time to call, write, and stop the Commissioners on the street.
He feels this shows that people really care and take the time to
get involved.
The City Attorney stated that the top three candidates
are Karen Kiselewski (4 votes), Sandra Almy (3 votes), and David
Henninger (2 votes).
Mr. Ellingsworth moved to appoint Karen Kiselewski to
fill an unexpired term on the City Commission (Seat #1) ending
6 04/16/96
March 27, 1997, seconded by Mr. Randolph. 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. COLLECTIVE BARGAINING AGREEMENT/IAFF: Consider Collec-
tive Bargaining Agreement with the Professional Fire Fighters of
Delray Beach Local 1842, IAFF, for the period October 1, 1995
through September 30, 1997.
Mr. Randolph moved to approve the Collective Bargaining
Agreement with the Professional Fire Fighters of Delray Beach
Local 1842, IAFF, for the period October 1, 1995 through Septem-
ber 30, 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. Said motion passed
with a 4 to 0 vote.
9.C. SETTLEMENT AGREEMENT/KIRK COOK v. CITY OF DELRAY BEACH:
Approve settlement agreement as recommended by the City Attorney.
Mr. Egan moved to approve the settlement agreement as
recommended by the City Attorney, 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.
9.D. RESOLUTION NO. 35-96: Consider a resolution authoriz-
ing eminent domain proceedings to acquire a 6' easement for
drainage purposes at Seagate.
The City Manager presented Resolution No. 35-96:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE ACQUISITION OF AN EASEMENT, FOR THE
PUBLIC PURPOSE OF CONSTRUCTING AN OUTFALL
INTO THE INTRACOASTAL WATERWAY, FINDING THAT
THE ACQUISITION OF AN EASEMENT IS REASONABLY
NECESSARY FOR THE IMPROVEMENT OF ITS MUNICI-
PAL STORMWATER NETWORK; PROVIDING THAT IN THE
EVENT EMINENT DOMAIN PROCEEDINGS ARE NECES-
SARY, 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. 35-96 is on file in the offi-
cial Resolution Book)
Mr. Egan moved to approve Resolution No. 35-96, second-
ed by Mr. Ellingsworth. Upon roll call the Commission voted as
7 04/16/96
follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Egan
Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0
vote.
9.E. CONTRACT ADDITION (C.O. #i)/FLORIDA DESIGN CONTRACTORS,
INC.: Consider contract addition (C.O. #1) to Florida Design
Contractors, Inc. for the rehabilitation of Well #24, in the
amount of $64,910 from 442-5178-536-61.82.
The City Manager stated he previously reported to the
Commission that two of the wells in the 20-series wellfield had
stopped producing due to casing failure. The City would like to
proceed with the rehabilitation of Well No. 24, located at S.W.
10th Street and S.W. 15th Avenue.
Mr. Ellingsworth moved to approve the contract addition
(C.O. #1) and 90 day extension with Florida Design Contractors,
Inc. for the rehabilitation of Well #24, in the amount of
$64,910, seconded by Mr. Randolph. 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.F. CONTRACT AWARD/SOUTHEASTERN PUMP: Consider annual
contract award to second low bidder, Southeastern Pump, for
submersible wastewater pumps, in the amount of $29,653 from
442-5178-536- 61.76.
Mr. Randolph moved to approve the contract award to the
second low bidder, Southeastern Pump, for submersible wastewater
pumps, in the amount of $29,653, 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.
9.G. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
9.H. REQUEST FOR RELEASE OF NUISANCE ABATEMENT LIENS:
Consider a request for release of nuisance abatement liens on
property at 1106 S.W. 7th Avenue.
Lula Butler, Director of Community Improvement, stated
that between the years 1989 and 1993, the City's Code Enforcement
Division has assessed eight liens totaling $2,904.29 on this
property, under three separate ownerships. The property has
changed ownership several times because of delinquent taxes and
the subsequent purchase of the tax certificates. The most recent
owner of this tax certificate is Mr. Harold L. Jurist who has
presented no evidence of need, other than to salvage his out-of-
pocket costs, and he has no documentation that the County is
willing to release their tax liens on his property. Staff is
recommending denial of the request to release nuisance abatement
liens for property at 1106 S.W. 7th Avenue.
8 04/16/96
Harold L. Jurist, owner, stated that he will acquire
title to the property at the end of this month if he pays the tax
deed stamps. However, he feels the property is not worth any
more than the taxes and the nuisance abatement liens are too high
to make it worthwhile for him. If the Commission will release
the liens, Mr. Jurist stated he will properly maintain the prop-
erty.
The City Manager stated staff disagrees with Mr. Ju-
rist's estimate on the worth of the lot. Based on sales in the
area, this lot should be worth about $6,000. The City would be
interested in acquiring the property so the lot could be made
available for construction of a house under one of our affordable
housing programs. Staff recommends that the liens not be waived.
Mr. Egan moved to accept staff's recommendation to deny
the request for the release of nuisance abatement liens, seconded
by Mr. Ellingsworth. Upon roll call the Commission voted as
follows: Mr. Ellin~sworth - Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. E~an - Yes. Said motion to deny passed with a
4 to 0 vote.
9.I. BID AWARD FOR SOLID WASTE COLLECTION/BROWNING, FERRIS
INDUSTRIES: Consider a bid award to Browning, Ferris Industries
for solid waste collection, in the estimated annual amount of
$1,755,317.00 from 433-3711-534-34.50 to 57.
Discussion was had by the Commission concerning the
manner in which the bid specifications were written. On question
from the Commission, Joe Safford, Finance Director, explained
that the bid tabulation was broken out into three categories
because the City structures its ordinance by segregating the
rates for single family, multi-family and commercial service.
However, the intent was to award the bid as an exclusive fran-
chise to one vendor for garbage and trash in the City.
Mayor Alperin commented that he did not feel the RFP
reflected the direction given by the Commission.
After discussion, Mr. Egan moved to approve the bid
award to Browning, Ferris Industries for solid waste collection,
in the estimated annual amount of $1,755,317, seconded by Mr.
Ellingsworth. 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.J. APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE
BOARD: Consider an appointment to the Site Plan Review and
Appearance Board to an unexpired term ending August 31, 1996.
Commissioner Ellingsworth's appointment.
Mr. Ellingsworth moved to appoint J. Michael Pakradooni
to the Site Plan Review and Appearance Board to fill an unexpired
term ending August 31, 1996, seconded by Mr. Randolph. Upon roll
9 04/16/96
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.
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 HEARING:
10.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
Avenue and Wallace Drive. 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. 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 PARTIC-
ULARLY DESCRIBED HEREIN, LOCATED ON THE NORTH
SIDE OF LINTON BOULEVARD BETWEEN S.W. 10TH
AVENUE AND WALLACE DRIVE; AND AMENDING "ZON-
ING 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)
The City Attorney read the caption of the ordinance. A
public hearing was held having been legally advertised in compli-
ance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida.
The City Attorney stated that this item will be con-
ducted as a Quasi-Judicial Hearing.
The City Clerk swore in those individuals wishing to
give testimony on this item.
Diane Dominguez, Planning Director, entered all the
Planning and Zoning documents that are contained in the file for
this project into the record. The rezoning will allow expansion
of the adjacent Wallace Nissan/Dodge dealership to provide addi-
tional parking/display spaces. The subject property is an
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unplatted 0.28 acre site partially developed with a Southern Bell
switching station, associated parking at the south end of the
property, and an existing shellrock area at the north end of the
property. The proposal includes retaining the existing Southern
Bell switching station via a utility easement.
The Planning and Zoning Board held a public hearing at
its meeting of March 18, 1996 and voted 6-0 to recommend that the
rezoning request be approved based on positive findings with
respect to Chapter 3 (Performance Standards) of the Land Develop-
ment Regulations, policies of the Comprehensive Plan, and LDR
Sections 2.4.5. (D) (5).
Michael Weiner, attorney representing applicant, stated
the record has already been made that all the appropriate levels
of the burden of proof have been met.
There being no one else who wished to give testimony on
this item, the public hearing was closed.
Mr. Ellingsworth moved to adopt Ordinance No. 17-96 on
Second and FINAL Reading, seconded by Mr. Egano 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.
ll.A. City Manager's response to prior public comments and
inquiries.
In response to the inquiry about the provision of
shelters at bus stops, the City Manager reported that until
recently, Palm-Tran had a contract with a vendor to provide
shelters. The contract was allowed to expire in December, 1995.
Currently, Palm-Tran has no plans to fund bus shelters since all
of its financial resources are being used for system expansion.
Of course, Palm-Tran does not object to municipalities funding
bus shelters. The average price of a shelter ranges from $5,000
to $6,500 (roughly $3,600 for the structure, $1,400 for the slab,
and $1,500 for electric service if desired). If there is inter-
est, this issue can be looked at during the budget process.
Otherwise, the City could wait and continue to follow-up with
Palm-Tran. At some point in the future they may be able to
construct additional bus shelters.
Mayor Alperin suggested this item be reconsidered at
budget time.
In response to the inquiry about the ticket booth at
Veterans Park, the City Manager reported that he had met with
Captain Mark of the Ramblin' Rose. The problem Captain Mark ran
into is that the bids which he received for building the ticket
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booth ranged from $260 to over $400 per square foot. The Manager
suggested to him that the City would work with him in an effort
to get a better price. As an alternative, Captain Mark has
proposed building a wood structure, but the City Manager advised
him this may not be acceptable to SPRAB. The City Manager stated
the City will work with Captain Mark to see if a contractor can
be found who is willing to build what has been designed at a more
reasonable price. In addition, Captain Mark will be exercising
his option not to operate in the park this summer and will be
shutting down at the end of the month. At that point, he will
remove the fenced area and the little part on the back of his
building. The only thing that will remain in the park over the
summer will be the main part of the ticket booth. The City
Manager is hopeful this will significantly improve the appearance
of the area, and between now and the time Captain Mark resumes
operation in the fall the issue of a permanent ticket booth can
be resolved.
Discussion followed, with Mayor Alperin suggesting that
the existing ticket booth, which is movable, be relocated to a
less visible area. On question from Commissioner Egan, the City
Manager stated that the permanent ticket booth location was
designed into the park and was intended to go at the foot of the
stairs within the semi-circular area which projects out toward
the gazebo. The movable ticket booth was probably placed where
it is now because it was out of the way of the second phase of
construction for Veterans Park.
Mr. Randolph inquired if there is any possibility of
removing the ticket booth entirely from the park. The City
Manager stated that this suggestion can be explored further.
With respect to the inquiry about the proposed work on
A1A south of Linton Boulevard, the City Manager reported that
FDOT is proposing to construct five foot paved shoulders on the
east and west sides of A1A, from Linton Boulevard to Spanish
River Boulevard in Boca Raton, as well as milling and resurfacing
the entire roadway. The paved shoulders are intended to provide
for an emergency pull-off area as well as a bike lane. The
project is in the design phase and is expected to be constructed
in fiscal 1998. If the Commission wishes to take any action on
this matter, now is the time to do it because it is under design.
Lastly, in response to the comment about the continuing
problem with the newspaper racks south of Linton Boulevard on the
west side of A1A, the City Manager reported that FDOT has put up
traffic barricades around these racks. Code Enforcement has
cited nine of the newsracks for technical violations under the
current ordinance. These conditions could be easily abated, but
the City will pursue through the citation process getting these
nine racks removed unless they are brought into compliance.
ll.B. From the Public.
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ll.B.1. Nancy Spence, 325 N.W. 18th Street, representing the
Community Child Care Center, stated that Nancy Hurd, Executive
Director of the Community Child Care Center, has been asked to be
a representative at the U.S./South Africa Joint Conference on
Early Childhood Education to be held in Johannesburg, Republic of
South Africa, in August, 1996. The cost is approximately $6,000
for the two week conference for accommodations, etc. The Commu-
nity Child Care Center Board would like to support Ms. Hurd's
attendance by raising funds to cover half of the cost, and re-
quests the City to show its support by funding the remaining
half.
11.B.2. Fred Love, 315 N.W. 18th Avenue and a member of the
Community Child Care Center Board, stated he feels Nancy Hurd
would be an excellent representative for the City of Delray Beach
at an international forum. He felt the request could be looked
at as a continuation of the excellent support already provided by
the City to the Child Care Center to help in covering an
unbudgeted item which has come up on very short notice.
After discussion, the consensus of the Commission was
to refer the matter to the City Manager for consideration to
place it on the next agenda along with his recommendation.
11.B.3. Jay Slavin, 2601 N.W. 10th Street, expressed her opin-
ion regarding the use of fluoride in the City's water system.
11.B.4. Alice Finst, 707 Place Tavant, asked for clarification
on if it is a violation of the Ramblin' Rose's contract for that
operation to have outside storage. She felt the operation's poor
maintenance has created a major eyesore in what is otherwise a
beautiful park and notwithstanding any requirement to the con-
trary, serious consideration should be given to moving it out of
Veterans Park.
Mrs. Finst continued that there had been an inflatable
snowman on top of the Ramblin' Rose during the Delray Affair and
that this sort of thing has been prohibited at other locations in
other instances. Further, it has been reported to her that the
paddle wheel on the boat is not working.
Mrs. Finst then stated that she felt the Delray Affair
was wonderful this year. While walking through, Old School
Square, she recognized again how much the contributions of Mrs.
Frances Bourque have made to the City. Mrs. Finst felt it would
be very appropriate for the City to commend Mrs. Bourque for her
dedication and involvement with Old School Square.
11.B.5. N. Willard "Bill" Schwartz, 3863 Live Oak Boulevard,
commended the City Commission on the appointment of Karen
Kiselewski. He then commented that bus service is very important
to the community and bus shelters are very necessary for the
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protection of the citizens using that service. He encouraged the
Commission to aggressively pursue this matter with Palm-Tran.
ll.B.6. Robin Bird, 1300 Cormorant Road South, stated he, too,
wished to commend the Commission on the appointment of Karen
Kiselewski. Likewise, he concurred with Mr. Schwartz's comments
regarding the need for bus shelters.
11.B.7. Joe Kamarata, 764 Avocet Road, suggested that the City
consider installing bus shelters and rent out advertising space.
He felt this could be financially beneficial for the City.
11.B.8. Gerald DeFoe, representing Country Manors Homeowners
Association and President of Progressive Residents of Delray
(PROD), reiterated that the bus shelter issue is of no small
concern to the citizens of Delray Beach. When Palm-Tran repre-
sentatives met with the various public groups during discussions
on the satellite bus facility, it was promised by Palm-Tran that
they would negotiate with the City on putting bus shelters at
various locations where they are needed. Palm-Tran's only ex-
pressed concern at that time was with the restrictions the City
might put on advertising. Mr. DeFoe felt advertising could be
controlled to be acceptable to the City and still profitable
enough to cover the cost of the shelters.
11.B.9. Helen Coopersmith, 1222-D South Drive Way, wished Kevin
Egan well and commended the Commissioners for appointing Karen
Kiselewski to the City Commission.
12. FIRST READINGS:
None.
13. Co~unents and Inquiries on Non-Agenda Items.
13.A. City Manaqer
The City Manager had no comments or inquiries.
13.B. City Attorney
The City Attorney had no comments or inquiries.
13.C. City Commission
13.C.1. Mr. Ellingsworth
Mr. Ellingsworth asked the City Manager to contact Ms.
Kiselewski about the South Central Regional Wastewater Treatment
and Disposal Board meeting scheduled for Thursday, April 18th.
He felt it would be beneficial for Ms. Kiselewski to attend the
meeting.
13.C.2. Mr. Randolph
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Mr. Randolph feels that appointing Karen Kiselewski to
serve on the Commission (Seat #1) was a very good choice, and
complimented the City Attorney for her exceptional efforts in
handling this sensitive issue.
13.C.3. Mr. Egan
Mr. Egan concurred with Mr. Randolph's comments and
also feels very comfortable with the decision. He looks forward
to working with Ms. Kiselewski and is anxious to get on with the
City's business.
13.C.4. Mayor Alperin
In regards to Jay Slavin's prior comments, Mayor
Alperin stated there are reams and reams of evidence proving that
fluoride is not harmful but in fact helps to prevent tooth decay.
During his twenty-five years of practicing dentistry, Mayor
Alperin has seen a significant decrease in tooth decay, particu-
larly among children, and feels this is due in part to the use of
fluoride.
There being no further business, Mayor Alperin declared
the meeting adjourned at 7:45 P.M.
-City Clerk- / '
ATTEST:
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 16, 1996
which minutes were formally approved and adopted by the City
Commission on ~ 7~ /~
!
City Clerk 6
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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