10-15-96 OCTOBER 15, 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,
October 15, 1996.
1~. Roll call showed:
Present - Commissioner Ken Ellingsworth
Commissioner Karen Kiselewski
Commissioner David Randolph
Mayor Jay Alperin
Absent - Commissioner Kevin Egan
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
2. The opening prayer was delivered by Reverend Richard
Evans, Abbey Delray South.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
4. Agenda Approval.
Mayor Alperin noted the addition of Item 8.0.3., Bid
Award to Otto Industries, Inc., to the Consent Agenda by adden-
dum. In addition, Mayor Alperin requested that Item 8.E.,
Agreement For Financial Advisory Services/Public Financial
Management, Inc., be moved to the Regular Agenda as Item 9.A.A.
Mr. Ellingsworth moved to approve the agenda as amend-
ed, seconded by Ms. Kiselewski. Upon roll call the Commission
voted as follows: Ms. Kiselewski - Yes; Mr. Ellingsworth - Yes;
Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with
a 4 to 0 vote.
5. Approval of Minutes:
Mr. Randolph moved to approve the Minutes of the
Regular Meeting of October 1, 1996, and the Special Meeting of
October 8, 1996, seconded by Mr. Ellingsworth. Upon roll call
the Commission voted as follows: Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said
motion passed with a 4 to 0 vote.
.6. Proclamations:
6.A. Recognizing the heroic actions of certain individuals
in a life-threatening situation
Mayor Alperin read and presented a proclamation com-
mending Susan Sloan, R.N., Medical Technician Douglas Schuster,
Dr. Kenneth Baron, Paula Ward, Dr. Louis Snyder and Stacey
Whitby, R.N., for their heroic actions in rendering assistance in
a life-threatening situation.
6.B. Mount 0live Missionary Baptist Church Centennial
Celebration
Mayor Alperin read and presented a proclamation recog-
nizing and congratulating the Mount Olive Missionary Baptist
Church on its Centennial Celebration.
6.C. First Annual Pineapple Festival in the Grove - October
26, 1996
Mayor Alperin read and presented a proclamation recog-
nizing October 26, 1996, as the First Annual Pineapple Festival
in the Grove. Pat Stark, Chair of the First Annual Pineapple
Festival, came forward to accept the proclamation.
OF NOTE:
6.D. Head Start - A Happy 31st Birthday
Mayor Alperin presented a proclamation in recognition
of the Head Start Program's 31st Birthday.
6.E. National Epilepsy Awareness Month - November, 1996
Mayor Alperin presented a proclamation recognizing
November, 1996, as National Epilepsy Awareness Month.
7. Presentations: None.
8. CONSENT AGENDA: City Manager recommends approval.
8.A. RESOLUTION NOS. 76-96 & 77-96/ACOUISITION OF PROPERTIES
UNDER THE HOPE 3 HOUSING PROGRAM: Approve Resolution No. 76-96
authorizing the acquisition of property at 303 S.W. 2nd Avenue
and Resolution No. 77-96 authorizing the acquisition of property
at 521 S.W. 10th Street to provide housing opportunities under
the HOPE 3 Program.
The caption of Resolution No. 76-96 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE CITY TO PURCHASE FROM SELLER CERTAIN REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS
DESCRIBED HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE BETWEEN
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THE SELLER AND THE CITY OF DELRAY BEACH,
FLORIDA.
(Copy of Resolution No. 76-96 is on file in the offi-
cial Resolution Book)
The caption of Resolution No. 77-96 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE CITY TO PURCHASE FROM SELLER CERTAIN REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS
DESCRIBED HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE BETWEEN
THE SELLER AND THE CITY OF DELRAY BEACH,
FLORIDA.
(Copy of Resolution No. 77-96 is on file in the offi-
cial Resolution Book)
8.B. FUNDING SUBISDY/DELRAY BEACH RENAISSANCE PROGRAM:
Approve and authorize issuance of a funding subsidy in the amount
of $18,927 under the Delray Beach Renaissance Program for proper-
ty located on the east side of S.E. 4th Avenue, between S.E. 2nd
Street and S.E. 3rd Street ($13,587 from HOME Account
%118-1923-554-83.01 and $5,340 from SHIP Account %118-1924-554-
83.01).
8.C. AMENDMENT ~001 TO CHILDREN'S SUBSTANCE ABUSE GRANT:
Authorize the execution of Amendment %001 to the Children's
Substance Abuse Grant contract funded through the Department of
Health and Rehabilitative Services (HRS) on behalf of Mad Dads'
Excel Focus Five Program, incorporating Project Independent and
Subcontracting with Minority Vendors clauses and a revised
Attachment II stipulating audit requirements.
8.D. UNDERWRITING AGREEMENT: Approve the firms of Raymond
James and Associates and Smith Barney, Inc. as Underwriters for
the City.
8.E. MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.
8.F. REIMBURSEMENT RESOLUTION NO. 78-96: Approve Resolution
No. 78-96 declaring the City's official intent to seek reimburse-
ment for expenditures made with respect to the City Hall Envelope
Project as well as the Golf Course Clubhouse Expansion Project
from proposed 1996 Utility Tax Note proceeds.
The caption of Resolution No. 78-96 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, DECLARING THE
CITY OF DELRAY BEACH'S OFFICIAL INTENT TO
3 10/15/96
SEEK REIMBURSEMENT FOR CERTAIN CAPITAL
EXPENDITURES MADE AND TO BE MADE WITH RESPECT
TO THE DESIGN, ENGINEERING, CONSTRUCTION AND
EQUIPPING OF A RENOVATION AND REMODELING
PROJECT TO THE CITY HALL BUILDING, INCLUDING
THE FINANCE DEPARTMENT AND RELATED FACILI-
TIES; THE DESIGN, ENGINEERING, CONSTRUCTING,
AND EQUIPPING OF AN EXPANSION PROJECT TO THE
CITY OWNED GOLF COURSE CLUBHOUSE, ALL FROM
PROCEEDS OF ITS NOT TO EXCEED $3,000,000
UTILITY TAX REVENUE OBLIGATIONS; AND PROVID-
ING FOR AN EFFECTIVE DATE.
(Copy of Resolution No. 78-96 is on file in the offi-
cial Resolution Book)
8.G. RELEASE OF WATER SERVICE AGREEMENT/SHS ASSOCIATES:
Approve the release of the water service agreement with SHS
Associates (aka Spence property), located on the west side of
Military Trail approximately 1,400 feet north of West Atlantic
Avenue.
8.H. CLOSEOUT CHANGE ORDER ~3 AND FINAL PAYMENT/MOLLOY
BROTHERS, INC.: Approve Closeout Change Order #3 in the amount
of $13,966.86 and final payment in the amount of $111,515.58 to
Molloy Brothers, Inc. for completion of the Atlantic Avenue/
Miramar Drive Stormwater Pump Station project, with funding from
448-5411-538-62.46 ($49,078.61); 442-5178-536-63.51 ($48,470.00);
442-5178-536-61.78 ($8,687.73); 442-5178-536- 61.84 ($5,279.13).
8.I. CLOSEOUT CHANGE ORDER ~9 AND FINAL PAYMENT/MOLLOY
BROTHERS, INC.: Approve Closeout Change Order #9 in the amount
of $30,875.28 and final payment in the amount of $56,585.27 to
Molloy Brothers, Inc. for completion of the Northwest/Northeast
Street Reconstruction and Utility Improvements project, with
funding from 442-5178-536-61.84 ($9,605.27); 228-3162-541-61.19
($31,980.00); 442-5178-536-63.90 ($15,000.00).
8.J. CLOSEOUT CHANGE ORDER ~1 AND FINAL PAYMENT/RIC-MAN
INTERNATIONAL, INC.: Approve Closeout Change Order #1 in the net
deduct amount of $11,423.00 and final payment in the amount of
$29,587.72 to Ric-Man International, Inc. for completion of the
N.E. 7th Avenue Utility and Roadway Improvements project, with
funding from #441-5181-536-69.19.
8.K. CONTRACT ADDITION (C.O. ~1 FINAL) AND FINAL PAYMENT
/MARINE ENGINEERING CONTRACTORS, INC.: Approve a contract
addition (Change Order #1 Final) in the amount of $750.00 and
final payment in the amount of $14,510.00 to Marine Engineering
Contractors, Inc. for completion of the Water Treatment Plant
Walkway Modifications project, with funding from #441-5161-
536-63.42.
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8.L. FINAL PAYMENT/ECKLER ENGINEERING, INC.= Approve final
payment in the amount of $869.07 to Eckler Engineering, Inc. for
professional engineering services related to the Water Treatment
Plant Walkway Modifications project, with funding from
%441-5161-536-63.42.
8.M. RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS
COMMITTEE= Ratify the reappointment of Donald Samis in the
capacity of 'Other Representation' for a two year term ending
October 31, 1998, the appointment of Dorothy Reilly in the
capacity of 'Other Representation' to fill an unexpired term
ending October 31, 1998, and the appointment of Mary Rollins
Caglioni, representing Plumosa Elementary School, for a term
ending April 22, 1998.
8.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS=
Accept the actions and decisions made by the Site Plan Review and
Appearance Board and the Historic Preservation Board during the
period September 30 through October 11, 1996.
8.0. AWARD OF BIDS AND CONTRACTS=
1. Bid award to multiple vendors via Palm Beach
County Co-op Bid for the purchase of gasoline and
diesel fuel at an estimated annual cost of
$229,530, with funding from %445- 4714-572-52.11,
%446-4714-572-52.11 and %501-3311-591- 52.51.
2. Purchase award to Metro Service Consultants, Inc.,
sole source for fire hydrant audit services, via
Palm Beach County bid, at an estimated cost of
$57,500 from 441-5123-536-34.90.
3. Bid award to Otto Industries, Inc. for an addi-
tional 850 32-gallon sanitation rollout carts, at
a total cost of $26,562.50, from 344-3711-534-
52.27. (BY ADDENDUM)
Mr. Ellingsworth moved to approve the Consent Agenda as
amended, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms.
Kiselewski - Yes; Mr. Ellingsworth - Yes. Said motion passed
with a 4 to 0 vote.
9. REGULAR AGENDA:
9.A.A. AGREEMENT FOR FINANCIAL ADVISORY SERVICES/PUBLIC
FINANCIAL MANAGEMENT, INC.: Approve an agreement with Public
Financial Management, Inc. for financial advisory/consultant
services.
Mayor Alperin stated that he had moved this item to the
regular agenda because he felt it would be prudent to review the
matter in greater depth. While he had no particular problem with
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Public Financial Management, that firm has had the City's con-
tract for financial advisory services for the last six years. He
felt it might be worthwhile to look at other possibilities for
financial advisory/consultant services, and suggested this matter
be postponed to the next regular meeting.
Mr. Randolph moved to postpone consideration of the
Agreement with Public Financial Management, Inc. until the
regular meeting of November 5, 1996, seconded by Ms. Kiselewski.
Upon roll call the Commission voted as follows: Mayor Alperin -
Yes; Ms. Kiselewski - Yes; Mr. Ellingsworth - Yes; Mr. Randolph -
Yes. Said motion passed with a 4 to 0 vote.
9.A. EXPANSION OF WATER TREATMENT PLANT SITE: Consider
authorizing staff to pursue negotiations for the acquisition of
three residential properties located immediately east of the
Water Treatment Plant site for construction of a storage facili-
ty.
The City Manager explained that the current site is
very cramped and additional space is needed, both for a storage
facility as well as parking for employees. Appraisals for the
three properties have been done and total approximately
$150,000.00. Staff is now requesting authorization from the City
Commission to negotiate for the acquisition of the properties.
It was the consensus of the Commission to authorize
staff to proceed with negotiations for the acquisition of three
residential properties located immediately east of the Water
Treatment Plant site.
9.B. REQUEST FOR FEE WAIVER/GREATER MOUNT OLIVE MISSIONARY
BAPTIST CHURCH: Consider a request for waiver of land develop-
ment processing fees for the Greater Mount Olive Missionary
Baptist Church to establish a child care center at its 40 N.W.
4th Avenue location.
The City Manager explained that Mount Olive Church is
seeking to establish a child care center at its facility on N.W.
4th Avenue. In order to do so, a change in zoning and the
abandonment of an alleyway are needed. The fees associated with
these land use actions total $1,400.00, and the church has
requested a waiver. Pursuant to LDR Section 2.4.3(K) (7), a
waiver of fees may be granted by the City Manager upon a written
request from eligible service organizations and non-profit
organizations that receive funding from the City or United Way.
Mount Olive Church is not eligible for a waiver under this
provision since it does not receive City or United Way funding.
However, the Commission may want to consider granting a waiver in
view of the good working agreements and arrangements the City has
with the Church with respect to the use of Mount Olive's parking
facilities in conjunction with events at the tennis center.
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Mr. Ellingsworth moved to approve the request for
waiver of land development processing fees for Greater Mount
Olive Missionary Baptist Church, in view of the reciprocal
agreements for parking arrangements and considering that the
request is in conjunction with the establishment of a child care
center; seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Ms. Kiselewski - Yes; Mr. Ellingsworth - Yes;
Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with
a 4 to 0 vote.
9.C. EXTENSION OF CONDITIONAL USE APPROVAL/STRAGHN FUNERAL
HOME: Consider a request for an extension of the conditional use
approval granted on August 8, 1995, for Straghn Funeral Home.
The subject property is located on the west side of S.W. 5th
Avenue, approximately 150 feet south of Atlantic Avenue within
the GC (General Commercial) zone district and the West Atlantic
Avenue Overlay District.
Diane Dominguez, Planning Director, gave a brief
explanation of the request for extension of the conditional use
approval for Straghn Funeral Home.
The proposal required rezoning of a vacant parcel
immediately south of the existing funeral home from RM (Medium
Density Residential) to GC (General Commercial) in order to
accommodate parking for the proposed chapel addition. The
rezoning was approved on August 8, 1995.
At its meeting of August 8, 1995, the Commission
approved a conditional use request, and on September 25, 1995 a
site plan application was submitted. Technical comments were
transmitted to the applicant's agent on October 19, 1995; howev-
er, revised plans addressing them were not submitted until
October 8, 1996. As a result construction has not begun and,
unless an extension is approved, the conditional use for the
project will expire on February 8, 1997, which does not allow
sufficient time to obtain permits and construct 25 percent of the
improvements.
Staff recommends approval of the request for an exten-
sion of the conditional use approval pursuant to LDR Section
2.4.4. (F) (Extensions), and Chapter 3 (Performance Standards), to
be valid for 18 months with the condition that the site plan
approval be obtained within six months (April 16, 1997).
Ms. Kiselewski asked if the applicant is comfortable
with the six month time frame for submitting the site plan? In
response, Ms. Dominguez stated that the applicant does not have a
problem with this condition.
Mr. Randolph moved to approve the request for extension
of the conditional use approval for Straghn Funeral Home as
recommended by staff, seconded by Ms. Kiselewski. Upon roll call
the Commission voted as follows: Mr. Ellingsworth - Yes; Mr.
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Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said
motion passed with a 4 to 0 vote.
9.D. FEASIBILITY STUDY/SHALLOW WATER ARTIFICIAL REEF:
Consider authorizing the feasibility study for the proposed
shallow water artificial reef (snorkeling reef) in the area of
the municipal beach, with funding from recreation impact fees
(#117-6111-519-34.90).
The City Manager explained that the proposal is to
proceed with the feasibility study that would be done by Coastal
Planning and Engineering. This would then form the basis for the
City's application to the Florida Department of Environmental
Protection (FDEP) for the permit to use submerged land. The cost
for the feasibility study would be $3,905.37 which would be
funded from recreation impact fees.
Bill Andrews, State House Representative, stated that
he would like to be somewhat involved between the City's coastal
consultants (Coastal Engineering) and the people at FDEP in
Tallahassee just to make sure that the process flows. Represen-
tative Andrews also committed to ensuring that funding from the
State would be available to get the snorkel park up and running.
Mr. Ellingsworth moved to authorize the feasibility
study by Coastal Planning and Engineering for a shallow water
artificial reef at the municipal beach, with the understanding
that Representative Andrews be kept apprised of the work that is
going on in this regard; seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Mr. Randolph - Yes; Mayor
Alperin - Yes; Ms. Kiselewski - Yes; Mr. Ellingsworth - Yes.
Said motion passed with a 4 to 0 vote.
Prior to the vote, Ms. Kiselewski inquired about the
extent of the study. In addition, Mr. Andrews commented about
the liability issue.
9.E. EDUCATION BOARD RECOMMENDATION/PROPOSED ELEMENTARY
SCHOOL BOUNDARY CHANGES: Consider approval of the Education
Board's recommendations concerning proposed boundary changes
affecting Delray Beach elementary schools for school year
1997/98.
Robert A. Barcinski, Assistant City Manager, gave a
brief presentation regarding the Education Board's recommenda-
tions concerning proposed boundary changes affecting Delray Beach
Elementary schools for school year 1997-98. In addition, he
summarized the City of Delray Beach Education Board's goals and
objectives as enumerated in the 1990 Consensus Statement and the
1994 Sharing for Excellence document, as follows:
(1) Achieve and maintain a stable and satisfactory racial
balance in each and every school with a goal of keeping the
percent of African American Black students at 40% or less.
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(2) Encouraging cohesive neighborhoods by reducing the number of
attendance zones and schools our students attend.
(3) Drawing school district boundaries so that each district
comprises a contiguous area around a school, minimizing to the
extent possible the creation of non-contiguous enclaves.
(4) Try to develop, wherever possible, natural geographic
boundaries.
(5) Enhance existing school facilities and campuses to meet
Southern Association standards, bringing older school facilities
up to standard, and to implement special programs for the benefit
of the school and surrounding communities.
(6) Try to mimimize overcrowding.
(7) Minimize the busing of Delray Beach students to schools
outside of Delray Beach.
Mr. Barcinski continued that he felt the City had been
fairly successful in trying to reach these goals and objectives
over the last five to six years, and reviewed the achievements as
outlined in his background memorandum. He discussed the Educa-
tion Board's position that it is very important to keep a stable
racial balance in our schools, the percentages involved, and the
reasons for same. As a result and in consideration of the stated
goals and objectives, the Education Board recommended certain
proposed changes affecting elementary school boundaries for
School Year 1997/98. A comparison of the Education Board's
recommendations with the ABC Committee recommendations is as
follows:
Morikami Elementary School:
The ABC Committee recommendation is that SAC's 299C,
299D and 299H be reassigned to the new elementary school.
Students in SAC 299C now attend Calusa Elementary; students in
SAC's 299D and 299H now attend Forest Park Elementary School.
These changes were recommended by the Education Board in 1995.
The projected Black student population would be 29%. Delray
Beach students would have a sense of being in a community school
and busing would be reduced.
The Education Board recommendation is to approve
reassigning students in SAC's 299C, 299D and 299H to Morikami
Elementary School.
Pine Grove Elementary School:
The ABC Committee Recommendation: Residents of Bass
Creek and Tropic Palms have requested that students in SAC's 304
and 305 be reassigned to Orchard View Elementary School. After
careful review the ABC Committee is now recommending that these
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students not be reassigned. A concern has been raised regarding
further increases in Black student population from 80% to 83% and
in reducing the number of teacher units at the school, thus
affecting programs. In 1995 the Education Board recommended, and
the School Board agreed, to reassign students when a special
(magnet) program was instituted at Pine Grove. To date, a
special program has not been instituted.
The Education Board recommends that students in SAC's
304 and 305 not be reassigned at this time.
Plumosa Elementary School:
The ABC Committee Recommendation: The Principal at
Plumosa and the ABC Committee are recommending that SAC's 289,
291, 292 and a portion of SAC 274B, located in Boynton Beach, be
reassigned to Plumosa. In addition, they are recommending that
students living in SAC's 294A, 294B and 294C who do not attend
Spady Elementary School be reassigned from Hagen Ranch Road
School to Plumosa Elementary. These proposed changes would
increase the percent of African American Black students at
Plumosa from 34% to 44% and increase the overall minority popula-
tion to around 60%. With the new addition to Plumosa, the school
capacity has increased to 611 students. The current school
membership is approximately 485 students.
The Education Board is recommending that SAC's 289,
291, 292 and a portion of SAC 274A be reassigned to Plumosa. The
total number of students to be moved is 31 with approximately an
equal number of Black and other students being moved. This would
only increase the Black population to 35% from 34%. The Board,
however, does not recommend reassigning the 87 students from
SAC's 294A, 294B and 294C not attending S.D. Spady, mainly Black
students from Hagen Ranch Road, to Plumosa. The Board feels that
the increase in the percent of Black students at this school to
44% is unacceptable even though the Office of Civil Rights will
accept 49%. The Board feels that other means, such as program
changes or the reassignment of other students, should be utilized
to increase the enrollment at this school.
In conclusion, Mr. Barcinski stated that the Education
Board is seeking the Commission's approval and endorsement of
these recommendations which will then be forwarded to the School
Board and Superintendent.
Mr. Randolph commented that while he will support the
recommendations of the Education Board, he is not pleased that it
is the minority children who continue to bear the brunt of
busing. He felt it very unfortunate that this will in all
likelihood continue as long as the negative perceptions persist.
Ms. Kiselewski moved to approve and endorse the Educa-
tion Board's recommendations affecting elementary school boundary
changes for School Year 1997/98; seconded by Mr. Ellingsworth.
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Upon roll call the Commission voted as follows: Mayor Alperin -
Yes; Ms. Kiselewski - Yes; Mr. Ellingsworth - Yes; Mr. Randolph -
Yes. Said motion passed with a 4 to 0 vote.
9.F. PROSPECTIVE DONATION OF SCULPTURE FOR BEACH PATROL
HEADQUARTERS: Consider accepting the donation of a sculpture by
Don Seller entitled "Rescue" to be incorporated into the land-
scaping design in front of the new Beach Patrol Headquarters.
The City Manager stated that the City has received an
offer from sculptor Don Seller for the donation of a sculpture
entitled "Rescue" for incorporation into the landscape design in
front of the new Beach Patrol headquarters. Mr. Seiler's 36-inch
model of this piece has been displayed in several museums,
including Old School Square's Cornell Museum. Staff recommends
acceptance of this generous offer.
Mr. Randolph moved to accept Mr. Seiler's generous
offer to donate his "Rescue" sculpture to the City of Delay
Beach, seconded by Mr. Ellingsworth. Upon roll call the Commis-
sion voted as follows: Ms. Kiselewski - Yes; Mr. Ellingsworth -
Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion
passed with a 4 to 0 vote.
9.G. COASTAL CONSTRUCTION CONTROL LINE (CCCL) IN PALM BEACH
COUNTY: Consider a proposal whereby the State Department of
Environmental Protection would delegate CCCL authority to Palm
Beach County.
After discussion, it was the consensus of the Commis-
sion to have John Walker, Project Coordinator, attend the Coastal
Communities Coalition meeting scheduled for October 17th for the
purpose of obtaining additional information on this matter. Once
the scope of the proposed approach is known, staff will be in a
better position to make a recommendation on whether the cost of
locally establishing and regulating the CCCL is a good public
investment.
9.H. AMENDMENT TO THE SOLID WASTE AND RECYCLING COLLECTION
FRANCHISE AGREEMENT: Consider approval of an amendment to the
franchise agreement with BFI for solid waste and recycling
collection to provide for reardoor service rather than curbside
service for the Spanish Wells Condominium complex.
The City Attorney stated that the City entered into the
agreement with BFI on August 8, 1996, for the collection of solid
waste and recycling materials. On September 20, 1996, the City
received a letter from the Spanish Wells Condominium Association
requesting that their collection service be reardoor rather than
curbside. City staff reviewed the request and due to the config-
uration and location of the units, it was determined that curb-
side service would not be practicable in the Spanish Wells
development. As the contract with BFI currently provides Spanish
0/15/96
Wells receiving curbside service, the agreement must be amended
to include this change.
Joe Safford, Finance Director, clarified that he had
met with the Board of Directors at Spanish Wells and walked
through the development. After reviewing the layout, the City is
in agreement that it is more appropriate for Spanish Wells to
have reardoor collection rather than curbside.
On question from Mr. Ellingsworth, Mr. Safford stated
that this amendment will not result in any dollar change to the
agreement with BFI.
Ms. Kiselewski moved to approve the amendment to the
franchise agreement with BFI for solid waste and recycling
collection to provide for reardoor service rather than curbside
service for the Spanish Wells Condominium complex, seconded by
Mr. Ellingsworth. Upon roll call the Commission voted as fol-
lows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin
- Yes; Ms. Kiselewski - Yes. Said motion passed with a 4 to 0
vote.
9.I. CHANNEL 20 MUNICIPAL SURVEY: Consider whether or not
there is interest in having City Commission meetings broadcast on
Channel 20, Palm Beach County's Government and Education Station.
The City Manager explained that the fee for this
service is approximately $250.00 per hour. In addition to the
cost for broadcasting, the City would also have to obtain the
services of a person to sign the meetings for the benefit of deaf
viewers. This would cost at least another $100.00 per meeting,
so the total cost on a yearly basis would probably approach
$20,000.00. This amount of money has not been budgeted.
It was the consensus of the City Commission that they
would not be interested in having the meetings broadcast on
Channel 20, Palm Beach County's Government and Education Station.
9.J. BID AWARD/DELRAY GARDEN CENTER: Consider approval of a
bid award in the amount of $31,560.00 to Delray Garden Center as
the lowest responsive bidder (fourth iow bidder) for landscape
maintenance on Atlantic Avenue from west of the CSX Railroad to
Military Trail, from 119-4144-572-46.40.
The City Attorney explained that Delray Garden Center
is actually the lowest competent responsive bidder in that the
first iow bidder withdrew due to errors on the bid form, while
the second and third iow bids were not competent bids.
Ms. Kiselewski moved to approve the bid award in the
amount of $31,560.00 to Delray Garden Center as the lowest
competent responsive bidder (fourth iow bidder) for landscape
maintenance on Atlantic Avenue from west of the CSX Railroad to
Military Trail, seconded by Mr. Randolph. Upon roll call the
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Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin -
Yes; Ms. Kiselewski - Yes; Mr. Ellingsworth - Yes. Said motion
passed with a 4 to 0 vote.
9.K. BID AWARD/JAM SANDBLASTING AND PAINTING.: Consider
approval of a bid award in the amount of $13,980 to JAM Sand-
blasting and Painting as the lowest responsive bidder (second low
bidder) for the Tennis Center Clubhouse wood siding removal and
replacement project, from 334-4145-572-63.43.
The City Attorney stated that the low bid of $8,370 was
rejected by staff as being too low to cover the true costs of all
materials and labor necessary to properly perform the needed
work. The City has been in contact with a representative of that
bidder who has agreed to withdraw the bid. Hence, JAM Sandblast-
ing and Painting becomes the lowest responsive bidder. The
approval should be conditioned on receipt of a letter from the
low bidder, Petra Builders, stating withdrawal of their bid.
Mr. Ellingsworth moved to approve the bid award in the
amount of $13,980 to JAM Sandblasting and Painting as the lowest
responsive bidder (second low bidder) for the Tennis Center
Clubhouse wood siding removal and replacement project, subject to
receipt of written withdrawal of the first bidder (Petra Build-
ers, Inc.), seconded by Mr. Randolph. Upon roll call the Commis-
sion voted as follows: Mayor Alperin - Yes; Ms. Kiselewski -
Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion
passed with a 4 to 0 vote. (Note: Letter from Petra Builders,
Inc., dated 10/16/96, withdrawing their bid is attached hereto
and made a part hereof.)
Consideration of Item 9.L., Request for Additional
Maintenance/Hungerford Canal, was deferred until later in the
meeting in anticipation of the arrival of Mr. Robin Bird, spokes-
person for the Bass Creek and Tropic Palms homeowners.
At this point, the Commission moved to the First
Readings portion of the agenda.
12. FIRST READINGS:
12.A. ORDINANCE NO. 47-96: An ordinance amending Ordinance
No. 33-96 enacting Chapter 51, "Garbage and Trash", of the City
Code to provide that Spanish Wells Condominium shall receive
reardoor/ sidedoor service; clarifying that vegetative waste may
not be placed in roll-out carts; clarifying the use of mechanical
containers; clarifying the disbursement of recycling containers;
clarifying lawn maintenance and landscaping companies disposal
sites; stating the times permitted for placement of garbage
receptacles at curbside; and correcting certain grammatical
errors. If passed, a public hearing will be scheduled for
November 5, 1996.
The City Manager presented Ordinance No. 47-96:
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AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ORDINANCE 33-96 ENACTING CHAPTER 51, "GARBAGE
AND TRASH", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, BY AMENDING SECTION
51.01, "DEFINITIONS", TO ADD AND DELETE
CERTAIN DEFINITIONS; BY AMENDING SECTIONS
51.02, "DUMPING ON PROPERTY OWNED BY OTHERS
PROHIBITED" 51 20 "BUILDING
, . , MATERIALS",
51.21, "COMMERCIAL LANDSCAPE OR LAWN MAINTE-
NANCE BUSINESS; RESPONSIBILITY FOR TRASH
COLLECTION", 51.22, "VEGETATIVE WASTE",
51.23, "BULK TRASH", 51.35, "CONTAINERS
REQUIRED FOR RESIDENTIAL AND COMMERCIAL
SITES", 51.37, "USE OF OTHER UNITS AND
CONTAINERS", 51.39, "MAINTENANCE OF CONTAIN-
ERS", 51.40, "PLACEMENT OF CONTAINERS AND
TRASH; PRECOLLECTION PRACTICES", 51.45,
"CONSTRUCTION AND DEMOLITION SITES", 51.70,
"REGULAR CHARGES LEVIED", 51.71, "PAYMENT AND
BILLING" 51 72 "METHOD OF BILLING", 51 73,
"DELINQUENT PAYMENTS; LIEN" AND 51.75,
"PERSON BILLED FOR WATER SHALL BE RESPONSIBLE
FOR CHARGES" TO PROVIDE CLARIFICATION AND
CORRECT GRAMMATICAL ERRORS; BY AMENDING
SECTION 51.18, "TYPES OF SERVICES PROVIDED
FOR PICKING UP GARBAGE AND TRASH", TO PROVIDE
CLARIFICATION AND PROVIDING THAT THE SUBDIVI-
SION OF SPANISH WELLS SHALL RECEIVE REAR-
DOOR/SIDE-DOOR SERVICE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Mr. Randolph moved to approve Ordinance No. 47-96 on
FIRST Reading, seconded by Ms. Kiselewski. Upon roll call the
Commission voted as follows: Ms. Kiselewski - Yes; Mr. Elling-
sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - 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 HEARINGS:
10.A. ORDINANCE NO. 34-96: An ordinance amending the Laver's
North SAD (Special Activities District} located on the east side
of S.W. 10th Avenue, south of Linton Boulevard, to allow the
temporary sales and reception building on the north side of Egret
Circle to be incorporated as part of the approved site plan of
record. Prior to consideration of passage of this ordinance on
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Second and FINAL Reading, a public hearing has been scheduled to
be held at this time. QUASI-JUDICIAL ~EARING
The City Manager presented Ordinance No. 34-96:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAVER'S NORTH SPECIAL ACTIVITIES DISTRICT
(SAD), AS ESTABLISHED BY ORDINANCE NO. 65-80,
AND AMENDED BY ORDINANCE NO. 21-95, BY
AMENDING THE APPROVED MASTER DEVELOPMENT PLAN
OF RECORD TO FORMALLY INCORPORATE THE TEMPO-
RARY SALES AND RECEPTION BUILDING AS A
PERMANENT STRUCTURE ON THE SITE PLAN FOR THE
DEVELOPMENT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(Copy of Ordinance No. 34-96 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 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 the project
file and a listing of pertinent documents into the record. She
explained that the proposed ordinance modifies the Layer's North
Special Activities District (SAD) by amending the master develop-
ment plan to formally incorporate the temporary sales and recep-
tion building as a permanent structure on the site. The Plannng
and Zoning Board considered this item at public hearing on August
19, 1996, and voted unanimously (7-0) to recommend that the
request be approved based upon positive findings with respect to
Chapter 3 (Performance Standards) and Section 2.4.5(D) (5) (Rezon-
ing Findings) of the Land Development Regulations, and policies
of the Comprehensive Plan, subject to conditions as listed in the
Planning and Zoning staff report.
Doak Campbell, attorney representing the applicant,
stated that this is a situation where a building has existed over
thirteen years. It was originally intended to be a temporary
structure on the master site plan for Layer's North. In that
original site plan, there was going to be an expansion of the
club facilities which would have accommodated the uses that are
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being used in the building now, those being a sales office just
for the Layer's North area, some offices and use of the building
in conjuntion with the tennis facilities as a tennis academy.
Mr. Campbell noted that the approved uses under the SAD are not
being proposed for change. There is no significant change to the
existing building being proposed other than improved landscaping.
The only reason this request is before the Commission is because
in the original plan approved some 13 years ago, the designation
of this particular building was temporary. With the changes that
have taken place over the years, the building is now being used
in a permanent nature. In order for it to be properly main-
tained, the master site plan needs to be amended to reflect a
permanent designation under the SAD zoning. Mr. Campbell reiter-
ated that there will be no use change and the proposal is really
to accommodate an existing situation.
The following individuals spoke in favor of the
project:
Lisa Freedman, speaking on behalf of the Delray Racquet
Club Association (aka Layer's South), stated that if the building
is torn down there is concern that either more tennis courts will
be built or it will be a dump. The building has been there for
thirteen years and is accepted as part of the development. It is
now proposed for refurbishing which will only help to enhance the
area. Ms. Freedman urged the Commission to approve the request
and not force the building to be torn down.
Jean Beer, 945 Tropic Boulevard, stated that while she
is not opposed to the subject request, she is concerned with the
use of SAD zoning. Unless a property is truly something very
special which deserves a Special Activities District designation,
the property should be zoned to the most appropriate zoning
classification. In this particular case, she felt the use is
fine and should remain, but the use of SAD zoning is meaningless.
Helen Coopersmith stated that the SAD concept came
about many years ago as a way to accommodate site specific
projects. She expressed concern about changes being made to
established Special Activities District and urged the Commission
to be careful with their decision.
Renzo Reis stated that he understands the building
itself needs to be improved. It was when he applied for a permit
to make the improvements that he discovered the building was
viewed as a temporary structure. In order to get the permit to
make the improvements that will benefit the entire area, the
building has to be designated as a permanent structure on the
approved site plan. He reviewed numerous changes that have been
made to improve the property overall and urged the Commission to
approve the proposed change so that further improvements can be
made.
No one came forward to speak against this project.
o/zs/96
Mayor Alperin declared the public hearing closed.
Discussion by the Commission followed.
Mayor Alperin asked staff what, if anything, would be
required or would happen to the site if the building were to be
torn down? Ms. Dominguez responded that nothing would be re-
quired other than the area would have to be sodded. Mayor
Alperin clarified that if the building were to be torn down it
would not have to be replaced with more tennis courts or anything
else.
Mr. Ellingsworth asked what time limit would be placed
on the conditions imposed by the Planning and Zoning Board if the
request were to be approved by the Commission? Ms. Dominguez
responded that no specific time limit had been recommended, but
the Commission could establish one if they wished to do so. She
noted that the parking lot is currently being upgraded, and felt
that when the applicant came in to get the permit for the build-
ing, a plan would have to be submitted to address the other
conditions.
On question from Mr. Randolph as to what the City might
be able to do to protect from further changes to the SAD, Ms.
Dominguez commented that in some respects Special Activities
Districts are more restrictive than conventional zoning dis-
tricts. With an SAD, there is a set plan, a set number of units
and all of the locations of the various facilities identified as
part of the zoning ordinance. However, staff could look to see
if the RM (Medium Density Residential) District could be applied.
Mayor Alperin expressed his additional concern about
the uses allowed on the site for this particular building and the
potential for further expanding the scope of these uses beyond
what was originally intended. He feels that the SAD zoning has
been and continues to be abused. If the current request is
approved, his biggest concern is that the City will have made
another exception to an SAD. Further, approval of the request is
conditioned on other improvements being made to the site. Mayor
Alperin felt it inappropriate to consider a request for an
additional change when things that should have been done all
along were not done.
Ms. Kiselewski expressed the opinion that the one
building in question has been there and functioning in the same
capacity for many years and she did not view this change as
opening up the SAD.
Mr. Randolph stated that his concern is not so much
with the building, but with SAD's in general. He felt it would
be advantageous to have staff revisit the SAD designation and its
appropriateness as far as this community is concerned. However,
at this point, he would support the ordinance amending the
Layer's North SAD.
-17- 10/15/96
Mr. Ellingsworth moved to adopt Ordinance No. 34-96 on
Second and FINAL Reading, based upon and subject to the unanimous
recommendation of the Planning and Zoning Board, and that there
be a six month time limit for the conditions of approval to be
fulfilled before a building permit is issued or permits for these
improvements be issued concurrently with the building permit;
seconded by Ms. Kiselewski. Upon roll call the Commission voted
as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
Alperin - No; Ms. Kiselewski - Yes. Said motion passed with a 3
to 1 vote.
10.B. ORDINANCE NO. 45-96: An ordinance amending LDR Section
2.4.6(H), "Temporary Use Permit", to add "Seasonal Farmer's
Market" as an allowable temporary use. 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. 45-96:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 2.4.6, "PROCEDURES FOR OBTAINING
PERMITS AND APPROVALS", SUBSECTION 2.4.6(H),
"TEMPORARY USE PERMIT", OF THE LAND DEVELOP-
MENT REGULATIONS OF THE CITY OF DELRAY BEACH,
BY ADDING 'SEASONAL FARMER'S MARKET' AS AN
ALLOWABLE TEMPORARY USE, AND PROVIDING FOR
CERTAIN RESTRICTIONS; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(Copy of Ordinance No. 45-96 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.
Mayor Alperin declared the public hearing open.
Lillian Feldman, President of Delray Property Owners,
asked for clarification as to where this use will be allowed to
locate.
Mayor Alperin responded that the use will be restricted
to the Transportation Concurrency Exception Area (TCEA). Ms.
Dominguez clarified that this is mainly the downtown area and
West Atlantic Avenue east of 1-95. The market could not be
established in that portion of the TCEA that is east of the
Intracoastal Waterway. This particular ordinance just changes
the code to allow an application to be submitted. Currently, the
location that is being considered is the parking lot behind the
CRA.
-18- 10/15/96
There being no one else who wished to speak to this
item, the public hearing was closed.
Ms. Kiselewski moved to adopt Ordinance No. 45-96 on
Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon
roll call the Commission voted as follows: Mr. Randolph - Yes;
Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Ellingsworth -
Yes. Said motion passed with a 4 to 0 vote.
10.C. ORDINANC~ NO. 43-96: An ordinance rezoning the Sea-
crest property, located on the west side of Seacrest Boulevard
across from Atlantic High School, from NC (Neighborhood Commer-
cial) and POD (Professional Office District) to CF (Community
Facilities) District. 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. QUASI-JUDICIAL ~EARING
The City Manager presented Ordinance No. 43-96:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED NC (NEIGHBORHOOD
COMMERCIAL) IN PART AND POD (PROFESSIONAL
OFFICE DISTRICT) IN PART, IN THE CF (COMMUNI-
TY FACILITIES) DISTRICT; SAID LAND BEING
COMMONLY KNOWN AS THE SEACREST PROPERTY,
LOCATED ON THE WEST SIDE OF SEACREST BOULE-
VARD ACROSS FROM ATLANTIC HIGH SCHOOL, AS
MORE PARTICULARLY DESCRIBED HEREIN; AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORI-
DA, 1994"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(Copy of Ordinance No. 43-96 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 this item will be conducted 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 rezone
the property to accommodate development of a gymnasium as an
-19- 10/15/96
accessory use to Atlantic High School. The existing zoning does
not permit this intended use. The appropriate zoning district to
accommodate this type of use is CF (Community Facilities).
The Planning and Zoning Board considered this matter at
public hearing on September 16, 1996, and voted unanimously to
recommend that the rezoning be approved, based upon positive
findings with respect to Chapter 3 (Performance Standards) of the
Land Development Regulations, policies of the Comprehensive Plan,
and LDR Section 2.4.5(D) (5).
There being no one else who wished to give testimony,
Mayor Alperin declared the public hearing closed.
Mr. Randolph moved to adopt Ordinance No. 43-96 on
Second and FINAL Reading, seconded by Ms. Kiselewski. Upon roll
call the Commission voted as follows: Mayor Alperin - Yes; Ms.
Kiselewski - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes.
Said motion passed with a 4 to 0 vote.
10.D. ORDINANCE NO. 44-96: An ordinance rezoning the San-
doway House property, located on the west side of South Ocean
Boulevard between Sandoway Park and Ingraham Park, from RM
(Medium Density Residential) District to CF (Community Facili-
ties) District. 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. QUASI-JUDICIAL HEARING
The City Manager presented Ordinance No. 44-96:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED RM (MEDIUM
DENSITY RESIDENTIAL) DISTRICT IN THE CF
(COMMUNITY FACILITIES) DISTRICT; SAID LAND
BEING COMMONLY KNOWN AS THE SANDOWAY HOUSE,
LOCATED AT 142 SOUTH OCEAN BOULEVARD, AS MORE
PARTICULARLY DESCRIBED HEREIN; 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. 44-96 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 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.
-20- 10/15/96
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. She explained that the
existing RM zoning does not permit the intended use as a nature
center. Therefore, on September 3, 1996, the City Commission
initiated rezoning of the property CF (Community Facilities).
The Planning and Zoning Board considered this matter at public
hearing on September 16, 1996, and voted unanimously to recommend
that the rezoning be approved, based upon positive findings with
respect to Chapter 3 (Performance Standards) of the Land Develop-
ment Regulations, policies of the Comprehensive Plan, and LDR
Section 2.4.5(D) (5) (b).
John G. F1ynn, Jr., founding member of the Board for
The Friends of Sandoway House Nature Center, stated that he and
the Board wholeheartedly support the rezoning of the property.
There being no one else who wished to give testimony,
the public hearing was closed.
Mr. Ellingsworth moved to adopt Ordinance No. 44-96 on
Second and FINAL Reading based upon the findings and recommenda-
tions of the Planning and Zoning Board, seconded by Mr. Randolph.
Upon roll call the Commission voted as follows: Ms. Kiselewski -
Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin -
Yes. Said motion passed with a 4 to 0 vote.
10.E. ORDINANCE NO. 46-96: An ordinance amending LDR Section
4.6.9, "Off-Street Parking Regulations", by adding parking lot
dimension details, striping details, reducing guest parking
requirements, amending compact car marking details and other
minor modifications to related sections. 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. 46-96:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.6.9, "OFF-STREET PARKING REGULA-
TIONS'', OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, BY ADDING
PARKING LOT DIMENSION DETAILS, STRIPING
DETAILS, AMENDING GUEST PARKING REQUIREMENTS,
AND OTHER MINOR MODIFICATIONS TO RELATED
SECTIONS; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(Copy of Ordinance No. 46-96 is on file in the official
Ordinance Book)
-21- 10/15/96
The City Attorney read the caption of the ordinance. A
public hearing was held having been legally advertised in compli-
ance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida.
Mayor Alperin declared the public hearing open. There
being no one who wished to speak on this item, the public hearing
was closed.
At this point, Diane Dominguez, Planning Director,
commented that the proposed changes to LDR Section 4.6.9 include
a recommendation by the Planning and Zoning Board to retain the
double striping requirement for parking spaces. This recommenda-
tion is based on the perception that cars in double striped
stalls are forced to park more centrally allowing more room
between cars and protecting adjacent cars from damage. However,
in September, 1995, the Engineering Department produced a Con-
struction Standards and Specifications document which included a
standard parking detail with single striping. The creation of
this detail and the conflicting requirements for double striping
within the LDR's created confusion in the development community
and in July of 1996, the Development Management Services Group
(DSMG) discussed the issue and arrived at the consensus to
require single striping and modify the LDR's accordingly. In
view of this discrepancy and subsequent to first reading of this
ordinance on October 1st, Ms. Dominguez reported that staff had
done a survey to verify the effectiveness of double striping and
found that it made only minimal difference in the way people park
their cars.
It was the consensus of the Commission to accept the
Planning and Zoning Board's recommendation with respect to double
striping.
Discussion ensued concerning the proposed reduction in
the current guest parking space requirements. Ms. Dominguez
explained that this requirement becomes excessive particularly
with larger developments. A survey was conducted of adjacent
municipalities and Delray Beach's requirement far exceeds that of
surrounding communities. The extra parking creates a great deal
of impervious area and excessive asphalt that is under utilized.
The proposed amendment implements a sliding requirement which
results in a diminishing requirement for larger developments.
It was the consensus of the Commission that the pro-
posed reduction in guest space parking requirements was accept-
able, provided the land area that would be freed up by the lesser
requirement would be used for open space and not for additional
building space. Ms. Dominguez suggested amending the ordinance
to clarify that the reduced guest parking could be achieved in
exchange for providing the commensurate amount of open area. The
Commission concurred.
-22- 10/15/96
The City Attorney stated that in view of the changes
being made to the ordinance this evening, it is her opinion that
the correct action to take is to readvertise the ordinance for
another public hearing at the next regular meeting. Even though
the changes do not affect the caption, they are substantive
enough to warrant renoticing of the ordinance as amended.
Mr. Randolph moved to continue the public hearing for
Ordinance No. 46-96, as amended and readvertised, to the regular
meeting of November 5, 1996, seconded by Mr. Ellingsworth. Upon
roll call the Commission voted as follows: Mr. Ellingsworth -
Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski -
Yes. Said motion passed with a 4 to 0 vote.
11. Comments and Inquiries on Non-Aqenda Items from the
Public - Immediately followinq Public Hearings.
11.A. City Manager's response to prior public comments and
inquiries.
In response to the concern expressed about the widening
of Linton Boulevard between Military Trail and Congress Avenue
and how it might affect the medians, the City Manager reported
that the County has advised that the design plans for Linton
Boulevard have not been done. The County is in the process of
negotiating with the Lake Worth Drainage District for expansion
within the drainage district right-of-way. The County will be
cognizant of the landscape medians during this time and will make
every attempt to preserve them.
In response to the concern about boat speeds on the
Intracoastal Waterway in the vicinity of the Linton bridge, the
City Manager stated that the current speed restrictions in the
City are slow speeds 5 to 7 miles per hour within 50 feet of each
shoreline and 25 miles per hour the rest of the whirlwind includ-
ing the channel. These speeds include manatee protection areas.
In addition, the idle speed zones exist within one quarter mile
of either side of the marina at George Bush Boulevard and the
Delray Harbor Club. The idle speed zones were established for
safety reasons related to fueling operations. Neither of these
zones include the Linton Boulevard bridge or the route south of
it. Establishment and enforcement of speed restrictions are
under the jurisdiction of the Florida Marine Patrol. To estab-
lish new or extended speed restrictions, there must be naviga-
tional safety reasons such as fueling operations, intersecting
channels, and room for visibility. A procedure has been estab-
lished to request additional restrictions whereby the City
Commission gets a resolution through the County to the Florida
Department of Environmental Protection. The Marine Patrol, which
is a division of FDEP, will evaluate the request for ultimate
navigational safety° Since there do not appear to be sufficient
safety issues to warrant additional restrictions, such a request
would not be likely to receive a favorable recommendation. There
are only four officers from the Marine Patrol that are assigned
-23- 10/15/96
to patrol the Intracoastal Waterway between the south county line
and the Port of Palm Beach. With so few officers, enforcement of
existing restrictions is difficult.
11.B. From the Public.
11.B.1. Lillian Feldman, President of Delray Property Owners,
asked the City to do something about the 'Clearbrook' sign that
is located in the median on Homewood Boulevard right in the
middle of the flowers. She feels it is inappropriate to have the
sign interfering with the median plantings, and asked that the
Clearbrook Association be notified that the median is public
property and should not be used for their sign.
11.B.2. Gerald DeFoe, President of Progressive Residents of
Delray (PROD) and resident of Country Manors, invited everyone to
attend PROD's meeting on Thursday, October 17th, 7:00 p.m., at
the South County Governmental Complex. The guest speaker will be
Dr. Joan Kowal, Palm Beach County Superintendent of Schools.
Secondly, Mr. DeFoe stated that the traffic lights at
(S.W.) 10th Avenue and 10th Street are up and working, and
regulating the traffic quite well. He felt this to be a good
example of how things can get done with everyone working togeth-
er. Mr. DeFoe indicated that a card had been sent to County
Commissioner Mary McCarty thanking her for her assistance in
getting these lights installed.
With respect to schools, Mr. DeFoe reported that PROD
is working closely with the Palm Beach County legislative delega-
tion in an effort to secure more funding for the County's
schools, and particularly schools in and around the City of
Delray Beach.
Lastly, Mr. Defoe expressed concern about what he feels
is misuse of the Special Activities District (SAD) zoning catego-
ry by changes which are made to SAD's and the impacts on the
City's Comprehensive Plan.
11.B.3. Jean Beer, 945 Tropic Boulevard, spoke concerning the
proposed North Federal Highway redevelopment plan. She feels
there are many more questions which need to be asked, especially
concerning the Community Redevelopment Agency and the time frame
for its existence. In the North Federal Highway plan, there is a
reference to a botanical garden or park. Mrs. Beer stated there
is no mention of any such thing in the City's Comprehensive Plan
and therefore it is inconsistent with the master plan. Further,
it appears that the CRA wants the rest of the taxpayers to not
only pay for it up front, but also pay for the ongoing mainte-
nance. She felt there should be an end date to this so that the
rest of the taxpayers can get some benefit out of what has been
done. Mrs. Beer asked if there was a figure to reflect the total
cost of the amount of money both the City and the CRA have
invested in the CRA area, or if anyone had done a cost benefit
-24- 10/15/96
analysis to see if the actual increase in assessed value is worth
the millions of dollars that have been put into it? Mrs. Beer
further cautioned against the creation of a high density residen-
tial zoning category in conjunction with the North Federal
Highway redevelopment plan. She does not see North Federal
Highway as something that is critically in need of change as
proposed by the CRA, and urged the Commission to ask more ques-
tions before voting on the matter.
ll.B.4. Helen Coopersmith, 1222 South Drive Way, asked about
the term of the cable franchise with Adelphia Cable Company. She
commented that the service is very poor and asked if there was
anything the City might be able to do?
The City Attorney stated she thought the franchise
agreement runs to the year 2004, but would have to check on it.
She suggested Mrs. Coopersmith give her a call to discuss the
matter further.
ll.B.5. Alice Finst, 707 Place Tavant, expressed concern over
the High School boundaries for Delray Beach and feels there is a
desperate need for a high school in the coastal area. She
commented on the lengthy and sometimes convoluted travel that is
involved for young people to get to and from their homes and the
schools to which they are assigned. Mrs. Finst suggested that
the City of Delray Beach approach the City of Boca Raton to see
if monies could be put together for the purchase of land some-
where in the Federal Highway area for the construction of a high
school to serve students living in the eastern communities. She
felt this would be advantageous not only from a reduced travel
standpoint, but also from the standpoint that children living in
a community could then have the opportunity to attend school in
the same place, thereby engendering a greater sense of allegiance
to the community.
Secondly, Mrs. Finst stated it is her understanding
that the Delray Beach Tri-Rail station is proposed for closing
and that the new station for Boca Raton and Delray Beach will be
at the Knight Center property. There are a lot of people from
Delray using the Tri-Rail, and she asked if the City might have
any options or opportunities to try to keep the station open?
Mayor Alperin suggested to Mrs. Finst that she take her
suggestion to the City's Education Board as a first step for
consideration. Mrs. Finst asked that she be notified of when the
next meeting will be held and asked that she be added to the
agenda for discussion of the item.
ll.B.6. Van Bryant, resident, echoed Mrs. Finst's comments
about the need to keep Delray Beach children in Delray Beach
schools. He knows children in the same families in Delray who
are going to four different high schools. He noted there is a
proposal to have the Delray Full Service Center operate as a
neighborhood school, but nothing has been done about it. Mr.
-25- 10/15/96
Bryant feels that the children in Deiray Beach are being bussed
too frequently. He does not want to see any more new schools
built that will result in more bussing. With the children being
sent to so many different schools, it is difficult to build a
sense of community and tradition and he feels that pride needs to
be brought back to Delray Beach.
With respect to the large parties and gatherings that
have taken place recently, Mr. Bryant urged the Commission not to
allow this type of thing to continue.
At this point, the Commission returned to Item 9.L. on
the Regular Agenda.
9.L. REQUEST FOR ADDITIONAL MAINTENANCE/HUNGERFORD CANAL:
Consider a request for the City to provide additional maintenance
of the Hungerford Canal within the Tropic Palms Subdivision.
Mr. Robin Bird, 1300 Cormorant Road South, Vice Presi-
dent of Bass Creek Homeowner's Association, spoke on behalf of
numerous residents of the Bass Creek/Tropic Palms subdivisions.
Mr. Bird stated that this is by far the worst year for the
aquatic weed overgrowth on both the Bass Canal and the Hungerford
Canal, and distributed photographs of the situation. He under-
stands that the City Commission has already workshopped this
matter and he has been in contact with Mr. Hoyt Owens, Deputy
Director of Public Works, regarding the maintenance plan. He
felt that many of the original concerns may have already been
addressed by the City, which he reviewed as follows: First,
there has been an apparent problem with the contractor who has
not been regularly monitoring the canals and no one has been
monitoring him to make sure that he fulfills his contract. The
residents want to be assured that this will be done. Second,
notification of spraying has been ineffective. A couple of small
signs on the bridge coming in from Boca Raton and on the bridge
over the Hungerford Canal to Bass Creek do not get the job done
nor do they provide sufficient information. Recent notifications
by mail have been timely and informative, and he felt the neces-
sary coordination is beginning to take place to ensure proper
notification. Lastly, the residents are looking for a strong
commitment from the City that the canals will be sprayed on a
quarterly basis. If the canals are inundated by more than 40%,
this will trigger another spraying. Mr. Bird concluded by
stating that the residents would like to have the Commission
revisit this issue in June of 1997 to review the effectiveness of
the maintenance plan and discuss any other aspects that may or
may not be necessary at that time. This is an important issue to
the residents since the condition of the canals strongly affects
property values in the area.
The City Manager stated the City's commitment at this
point is to maintain the canals for drainage purposes and do
whatever is necessary to be sure the drainage is adequate. The
Lake Worth Drainage District provides vegetation management when
-26- 10/15/96
40% or more of the water course is covered with submerged or
emergent vegetation. Vegetation coverage beyond the 40% bench
mark is presumed to impede drainage flow. The City of Delray
Beach has adopted the same 40% or greater vegetation coverage
factor prior to initiating any remedial action in these bodies of
water. Based on the greater than or equal to 40% criteria, the
City will initiate vegetation management by chemical application.
Spraying will be done in accordance with South Florida Water
Management District recommended types of chemicals and manufac-
turers suggested application rates.
Robert A. Barcinski, Assistant City Manager, stated
that the City is currently on a quarterly schedule to get proper
control to maintain proper drainage. Staff feels that a quarter-
ly spraying is needed, but if the situation gets out of control
again more frequent spraying may become necessary. He explained
that the City will try to maintain a balance to ensure proper
drainage, keep the growth of the weeds down, and not do anything
that will hurt or destroy the ecology. He felt that current
management is getting a much better handle on the problem. The
current contract expires in April, 1997, and at that time the
City will be rebidding and will include more detailed specifica-
tions on what is needed. The goal is to make sure coverage does
not go above the 40% mark.
Mr. Randolph suggested looking into alternatives other
than spraying, possibly some mechanical means to help keep the
canals clear.
After discussion, it was the consensus of the Commis-
sion to commit to the 40% for drainage purposes, but will be more
diligent in maintaining that 40%. In addition, the residents
will continue to receive proper and adequate notification about
maintenance actions, including dates for spraying, chemical
warnings, and other pertinent information.
13. Comments and Inquiries on Non-A~enda Items.
13.A. City Manaqer
In response to the concern expressed last week about
speeding on West Atlantic Avenue, the City Manager stated that
the Patrol Division in the Police Department has been alerted and
they will do some extra speed enforcement in that area.
The City Manager commented that at the November work-
shop meeting there will be discussion concerning the finger
canals in Tropic Isles. Based on the research that has been done
so far, it is clear that the City has consistently taken the
position that it is not the City's responsibility to maintain
canals. With the advent of the stormwater utility, the City has
sought to do more in terms of maintaining our drainage systems,
and that is the way we look at canals such as the Hungerford, as
part of the drainage system for a much larger area.
-27- 10/15/96
13.B. City Attorney
The City Attorney had no comments or inquiries.
13.C. City Commission
13.C.1. Ms. Kiselewski
Ms. Kiselewski had no comments or inquiries.
13.C.2. Mr. Ellinqsworth
Mr. Ellingsworth had no comments or inquiries.
13.C.3. Mr. Randolph
Mr. Randolph asked for a status report on the service-
ability of the Pompey Park pool.
13.C.4. Mayor Alperin
Mayor Alperin inquired about the paving around the
storm sewer drains on the newly constructed segment of Lake Ida
Road.
There being no further business, Mayor Alperin declared
the meeting adjourned at 8:30 p.m.
ATTEST:.~
The undersigned is the City Clerk of the City of Delray
Beach, Florida, and the information provided herein is the
minutes of the meeting of said City Commission of October 15,
1996, which minutes were formally approved and adopted by the
City Commission on ~t~./Dv/_.,~ ~
- City ~erk
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.
-28- 10/15/96
From : Petra Builders inc PHONE No. : 305 570 7002 Oct. lG 1996 3:47PM P02
§ullders, Inc.
4010 NE 24th Ave.
Lighthouse Point, FI. 33064
To Whom It May Concern: ~0-16-~
We, Petra Bulldem, Ino,, wleh to withdraw our bid for the Tennls Club mpaim
and cio so without preJuOlce. We also would IIk'e to remain on your bid II~t and look
fo~w'~rd tu blddir~g any future work fer the clt~ Of Oelray I~aoh.
Thank you.
~ Secretary
M c~ael Mett$,'~~