11-05-96 NOVEMBER 5, 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,
November 5, 1996.
1. Roll call showed:
Present - Commissioner Kevin Egan
Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner Karen Kiselewski
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 Reverend Matthew
"Bump" Mitchell, Christ Missionary Church.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
4. Aqenda ADproval.
Mr. Randolph announced he would like to make a state-
ment prior to the approval of the agenda. He said he had been
contacted by Mr. Josh Smith, representing a group of black
citizens who have some concerns and fears. Mr. Smith requested
his item be placed on tonight's agenda, however, after Mr.
Randolph's review he feels it should be placed on the next
workshop agenda. Mr. Randolph therefore expressed to Mr. Smith
that he could address the Commission this evening under the
Comments and Inquiries on Non-Agenda Items portion of the Agenda.
The City Manager stated that Mr. Smith's request would
be placed on the November 12, 1996 Workshop Agenda.
Mayor Alperin noted the addition of Item 8.L.5., Bid
Award to Hansen Information Technologies, Inc., to the Consent
Agenda by addendum; the addition of Item 7.A.A. GFOA Financial
Reporting, to Presentations; that Item 9.L. be amended to include
an additional application; the addition of Item 12.D., Ordinance
No. 55-96, to First Readings by addendum.
The City Attorney requested that Item 8.C., Access
Agreement for Tate/Sned ProDerties, Consent Agenda, be moved to
the Regular Agenda as Item 9.A.A..
Mr. Ellingsworth moved to approve the agenda as amend-
ed, seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth
- Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion
passed with a 5 to 0 vote.
5. Approval of Minutes:
Mr. Randolph moved to approve the Minutes of the
Regular Meeting of October 15, 1996, seconded by Ms. Kiselewski.
Upon roll call the Commission voted as follows: Mr. Egan - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes;
Ms. Kiselewski Yes; Said motion passed with a 5 to 0 vote.
6. Proclamations:
None
7. Presentations:
7.A. Distincruished Budget Presentation Award for 1996 from
the Government Finance Officers Association (GFOA).
Mayor Alperin presented the Distinguished Budget
Presentation Award for 1996 from the Government Finance Officers
Association to Joe Safford, Finance Director.
7.A.A. Certificate of Achievement for Excellence in Financial
Reporting for 1995 from the Government Finance Officers Associa-
tion (GFOA).
Mayor Alperin presented the Certificate of Achievement
for Excellence in Financial Reporting for 1995 from the Govern-
ment Finance Officers Association to Joe Safford, Finance Direc-
tor.
7.B. Exemplary Service Records Status awarded to the Fire
Department by the State Department of Health and Rehabilitative
Services, Office of Emergency Medical Services.
Doug Trawick, Division Chief for EMS, presented the
Exemplary Service Records Status award which was awarded to the
Fire Department by the State Department of Health and Rehabilita-
tive Services to Mayor Alperin on behalf of the exemplary servic-
es of the Fire Department's Administrative Staff.
7.C. Pineapple Grove Main Street, Inc. - "Grow With the
Grove" 1996 membership campaign.
Tom Fleming, Program Manager Pineapple Grove Main
Street, Inc., stated that approximately three years ago, the
Commission, in partnership with the CRA, gave the Pineapple Grove
Main Street support for its operations with considerable finan-
cial investment. Since that time, Pineapple Grove Main Street
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has now become mostly dependent on private support. He was here
this evening to announce the inauguration of the first annual
membership drive "Grow With the Grove 1996" campaign scheduled
for November 13, 14 and 15, 1996. Mr. Fleming noted over 300
volunteers will be manning telephones soliciting memberships.
Mr. Fleming introduced Saralyn Buzen, Promotion Chair-
man and Campaign Organizer, who then gave a brief presentation.
Mr. Fleming presented the Commission with honorary
memberships to Pineapple Grove Main Street, Inc. and expressed
appreciation to the Commission for the opportunity to launch the
presentation this evening.
7.D. Update on Tennis Center activities and plans (Brab_m
Dubin).
Brahm Dubin, Dubin and Associates, provided an update
on activities and plans for the Tennis Center. He pointed out
the facility has a budget of $300,000 and that the goal is to
break even during this first year and make a profit thereafter.
The priorities of the facility are: 1) tennis, 2) sporting
events; and, 3) concerts. A long term goal is to attract a major
women's annual tennis tournament to Delray Beach. Mr. Dubin
reported that presently the Tennis Center has obtained 350
memberships, of which 65% are residents; daily court usage is
made up of 75% members; 5% are nonmembers who have to pay court
fees; and, the remainder are residents who are members. In
addition the lesson programs, consisting of 10,000 participants,
take in approximately $100,000.00 annually.
Mr. Dubin pointed out that Bill Wood, President of the
Chamber of Commerce, contributed to half of the costs for Brahm
to represent the City during the U.S. Olympic Congress, which was
held last week in Indianapolis. The City invested $2,000.00
toward this event. Mr. Dubin felt that the networking will pay
for itself for many years to come.
With respect to an update on Palm Acts, Inc., Mr. Dubin
reported negotiations are taking place at the present time. He
noted that he and Paul Felsburg, who is in charge of daily
operations at the facility, are in frequent contact with Palm
Acts during the week. Mr. Dubin noted an announcement for a
concert which will be forthcoming. Unfortunately, communications
with Charmisa Entertainment have not been going as well as could
be expected and they are negotiating with other individuals. An
update of this situation will be announced soon.
Regarding the potential relocation of the United States
Tennis Association (USTA) to Delray Beach, Mr. Dubin reported
that the City has a very strong bid and he was optimistic the
USTA may reconsider Delray Beach for its headquarters.
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Mr. Dubin distributed literature to the Commission
members of upcoming events at the Tennis Center.
At this point, Mayor Alperin announced that the Air
Force Band had presented the City with a plaque in appreciation
for the City allowing the band to play at Ernie's Restaurant
during the last Art & Jazz on the Avenue.
8. CONSENT AGENDA:
8.A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify various actions
related to the Northwest Reuse System project as approved by the
SCRWTD Board at its meeting of October 17, 1996.
8.B. FINAL PLAT APPROVAL/LA SEDONA: Approve the final plat
for La Sedona, a proposed 66 lot patio home subdivision. The
property is located on the west side of Military Trail, approxi-
mately 2,800 feet north of Atlantic Avenue, and contains 11.61
acres.
8.C. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM
9.A.A.
8.D. AGREEMENT WITH LIFEFLEET/AMBULANCE SERVICE FOR HIGHLAND
BEACH: Approve an agreement between the City and LifeFleet
Atlantic Ambulance for the purpose of establishing coverage,
ambulance response policy and reimbursement for services in the
Town of Highland Beach.
8.E. ACCEPTANCE OF BLOCK GRANT/BUREAU OF JUSTICE ASSISTANCE:
Accept a $170,524 local law enforcement block grant from the
Bureau of Justice Assistance, and approve the City's match of
$17,052.40, from Police Support Division - various accounts,
through budget transfer from 001-0000-301-10.00 and
001-0000-331-69.00.
8.F. ACCEPTANCE OF EASEMENT DEED/RAINBERRY LAKES: Accept an
easement deed from Rainberry Lakes Homeowners Association, Inc.
for a utility easement located in the common area of Rainberry
Lakes for the purpose of installing utility main extensions in
conjunction with the construction of the Alzheimer Care Center.
8.G. SERVICE AUTHORIZATION/DAVID PLUMMER & ASSOCIATES:
Approve a service authorization in the amount of $14,900 with
David Plummet and Associates for consultant services relating to
the Transportation Element of the Comprehensive Plan.
8.H. CHANGE ORDER ~1 AND FINAL PAYMENT/ATLANTIS ENVIRONMEN-
TAL ENGINEERING, INC. Approve deduct Change Order %1 in the
amount of $4,050.00 and final payment in the amount of $3,378.40
to Atlantis Environmental Engineering, Inc. for their work on the
Water Treatment Plant pipe gallery repainting project, with
funding from 441-5143-536-46.10.
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8.I. REALLOCATION OF FY 1997 ANTI-DRUG ABUSE ACT GRANT
FUNDS: Approve the reallocation of FY 1997 Anti-Drug Abuse Act
Grant funds in the amount of $188,126 as recommended by the
Criminal Justice Commission, and authorize letter approving the
distribution of these funds.
8.J. RESOLUTION NO. 79-96/PROPOSED UTILITY TAX NOTES: Adopt
a resolution authorizing the issuance of $3,300,000 Utilities Tax
Revenue Bonds, Subordinate Series 1996, for the purpose of
financing the City Hall Envelope Project, the Golf Course Club-
house expansion project, and improvements to the Lakeview Golf
Course Clubhouse as necessary; approving and authorizing a line
of credit agreement with SunTrust; and for other purposes.
The caption of Resolution No. 79-96 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE ISSUANCE OF NOT TO EXCEED $3,300.000 IN
AGGREGATE PRINCIPAL AMOUNT OF UTILITIES TAX
REVENUE BONDS, SUBORDINATE SERIES 1996, OF
THE CITY OF DELRAY BEACH, FLORIDA, FOR THE
PURPOSE OF FINANCING ALL OR A PORTION OF THE
COSTS OF DESIGN, ENGINEERING, CONSTRUCTION
AND EQUIPPING OF CERTAIN MUNICIPAL PROJECTS;
DETERMINING THE NEED FOR A NEGOTIATED SALE OF
SUCH BONDS TO SUNTRUST BANK, SOUTH FLORIDA,
N.A.; PROVIDING FOR THE TERMS AND PAYMENT OF
SAID UTILITIES TAX REVENUE BONDS, SUBORDINATE
SERIES 1996, AND THE RIGHTS, REMEDIES AND
SECURITY OF THE OWNERS THEREOF; MAKING
CERTAIN COVENANTS RELATING TO THE ISSUANCE OF
SAID UTILITIES TAX REVENUE BONDS, SUBORDINATE
SERIES 1996; APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION OF A LINE OF CREDIT
AGREEMENT WITH SUNTRUST BANK, SOUTH FLORIDA,
N.A.; DESIGNATING THE UTILITIES TAX REVENUE
BONDS, SUBORDINATE SERIES 1996 AS "QUALIFIED
TAX-EXEMPT OBLIGATIONS" WITHIN THE MEANING OF
SECTION 265(B) OF THE INTERNAL REVENUE CODE
OF 1986, AS AMENDED; AUTHORIZING THE PROPER
OFFICERS OF THE CITY TO DO ALL OTHER THINGS
DEEMED NECESSARY OR ADVISABLE IN CONNECTION
WITH THE ISSUANCE OF SAID BONDS; AND PROVID-
ING FOR AN EFFECTIVE DATE.
(Copy of Resolution No. 79-96 is on file in the offi-
cial Resolution Book)
8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Planning and Zoning
Board, Site Plan Review and Appearance Board and the Historic
Preservation Board during the period October 14 through November
1, 1996.
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8.L. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Metron Farnier via the City of
Melbourne bid for the purchase of 47, 3" and 4"
water meters as part of the large meter change out
program, replacing the old water meters with high
accuracy meters, in the estimated amount of
$72,270 from 442-5178-536-61.81.
2. Bid award to A&B Pipe and Supply via City of
Boynton Beach bid for the purchase of fire hy-
drants, at an estimated annual cost of $13,995.78
from 442-5178-536-61.77.
3. Bid award to Environmental Systems, Inc. for the
purchase of an ozone generator to be used for odor
control in the wastewater system, in the amount of
$15,300 from 441-5161-536-64.90.
4. Purchase award to Motorola C & E, via Palm Beach
County School Board Contract #SB966-139J, for the
purchase of twenty (20) replacement radios for the
Police Department at a total cost of $19,467.80
from 001-2113-521-64.90.
5. Purchase award to Hansen Information Technologies,
Inc. for utility operations, maintenance and
inventory management system software, in the
amount of $60,490 from various Division Software
Accounts No. 66.10 (BY ADDENDUM).
Mr. Ellingsworth moved to approve the Consent Agenda,
as amended, seconded by Mr. Egano Upon roll call the Commission
voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes;
Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said
motion passed with a 5 to 0 vote.
9. REGULAR AGENDA
9.A.A. ACCESS AGREEMENT FOR TATE/SNED PROPERTIES: Approve an
access agreement for the establishment of suitable access to the
Sned/Tate properties north of Atlantic Avenue in the vicinity
adjacent to Temple Sinai.
The City Attorney stated that the access agreement
provides that the potential buyer will design and construct a
road and culvert over the bridge. She noted that there is a
reservation to the City for an easement for utilities on the side
adjacent to the canal. In addition, the Commission is to consid-
er a letter agreement that requires William H. Sned, Jr., Trust-
ee, who owns a portion of the land, to place $20,000.00 in escrow
in the event utility lines across the Tare property need to be
moved.
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Mr. Ellingsworth moved to approve the access agreement
for the establishment of suitable access to the Sned/Tate proper-
ties and the letter agreement dated November 5, 1996 regarding
the escrow fund, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin -
Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth
Yes. Said motion passed with a 5 to 0 vote.
9.A. AGREEMENT FOR FINANCIAL ADVISORY SERVICES/PUBLIC
FINANCIAL MANAGEMENT, INC.: Consider renewal of our agreement
with Public Financial Management, Inc. for financial advisory
services.
Mr. Ellingsworth moved to approve renewal of the agree-
ment for Financial Advisory Services/Public Financial Management,
Inc., seconded by Ms. Kiselewski. Upon roll call the Commission
voted as follows: Mayor Alperin - Yes. Ms. Kiselewski - Yes; Mr.
Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said
motion passed with a 5 to 0 vote.
9.B. COASTAL CONSTRUCTION CONTROL LINE (CCCL) IN PALM BEACH
COUNTY: Consider the concept of delegation of authority and
funding for the CCCL in Palm Beach County.
Mayor Alperin felt that it would not be advantageous
for the City to consider the concept. He explained that the
concept of the delegation of authority and cost sharing requires
100% participation of 38 municipalities and the Town of Manalapan
has already opted not to participate.
Mr. Randolph moved to oppose delegation of authority
for the CCCL to Palm Beach County, seconded by Mr. Egan. Upon
roll call the Commission voted as follows: Ms. Kiselewski - Yes;
Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes;
Mayor Alperin - Yes. Said motion to oppose passed with a 5 to 0
vote.
9.C. REQUEST TO DEED PROPERTY TO CITY IN EXCHANGE FOR
RELEASE OF LIENS: Consider a request to deed property at 516
N.W. 1st Street to the City in exchange for release of nuisance
liens in the amount of $13,226.12 at 911 N. Federal Highway.
The City Manager stated that the City's out-of-pocket
expenses amount to $7,737.36, the balance being interest and
administrative costs. The out-of-pocket expense is comparable to
the value of lots in this area.
Mayor Alperin asked if the City has any need for this
particular property?
The City Manager stated the property could be used for
affordable housing for either Habitat for Humanity or the Renais-
sance Program.
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Mayor Alperin asked if this would be a reasonable
trade?
Lula Butler, Director of Community Improvement, stated
that the one-story office building on the property has been
demolished. The property was sold and the exchange for the
release of liens will actually benefit the new owner. The
property is located at the north end of the block, just north of
the Fire Headquarters, and is a buildable lot. Its close proxim-
ity to the Fire Headquarters could be useful to the City in terms
of having control of that lot.
Mr. Ellingsworth felt the City should pursue the
payment of the liens rather than pursue the exchange.
It was noted by the City Manager that the owner had
acquired the property at a tax sale and the tax deed indicates
the individual paid $1,263.44 for the property.
Ms. Kiselewski moved to refuse the exchange of property
in lieu of the release of liens, seconded Mr. Egan. Upon roll
call the Commission voted as follows: Mr. Egan - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms.
Kiselewski - Yes. Said motion to refuse passed with a 5 to 0
vote.
9.D. SPECIAL EVENT REQUEST/~OLIDAY PAGEANT PARADE: Consider
a request from the Chamber of Commerce on behalf of the Delray
Beach Jaycees for special event approval for the Annual Holiday
Pageant Parade on December 14, 1996, including temporary use
permit, staff support, and consideration of a partial waiver of
overtime costs.
Robert A. Barcinski, Assistant City Manager, stated
that the City is trying to keep requests for overtime consistent
when the requests come from non-profit organizations, and the
Chamber of Commerce or Joint Venture. When the request is from a
private or non-profit organization, the City recommends that they
bear full costs, including barricade rentals, etc.
Mr. Ellingsworth moved to approve the special event re-
quest, the temporary use permit, staff support for security and
barricade set up and removal and a waiver of overtime costs up to
50%, seconded by Mr. Egan. Upon roll call the Commission voted
as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion
passed with a 5 to 0 vote.
9.E. CONTRACT ADDITION (C.O.#I)/INTERCOUNTY ENGI~-EERING,
INC.: Consider a contract addition (C.O. #1) in the amount of
$325,465 and 120 calendar days to Intercounty Engineering, Inc.
for the Lift Station Rehabilitation project, with funding from
442-5178-536-61.83, through budget transfer from 63.90.
8 11/05/96
The City Manager stated that the City had awarded
contracts for four of the lift stations during the last fiscal
year. At the time the bids were accepted staff anticipated
awarding addition station rehabilitations through contract
addition upon availability of funding in the new fiscal year.
Mr. Egan moved to approve Contract Addition (C.O. ~1)
with Intercounty Engineering, Inc., for the Lift Station Rehabil-
itation Project, in the amount of $325,465.00 and a 120 day
extension, seconded by Ms. Kiselewski. Upon roll call the Commis-
sion voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes;
Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth Yes.
Said motion passed with a 5 to 0 vote.
9.F. CONTRACT ADDITION (C.O. #I)/LANZO LINING: Consider a
contract addition (C.O. #1) to Lanzo Lining via Metro Dade
contract for sanitary sewer rehabilitation for FY 1996/97 in the
budgeted amount of $200,000 from 442-5178-536-61.84.
The City Manager noted that the contract addition is
similar to the previous item. City crews are presently lining
leaking sewers on Basin #14, which is on the barrier island. The
purpose is to avoid salt water intrusion into the sewer system
and to ensure that the effluent is suitable for irrigation
purposes once it is turned to reclaimed water. This contract
addition will piggyback to a current Metro Dade County Contract
with Lanzo Lining. He noted that last fiscal year the City
awarded the $200,000.00 contract to Lanzo Lining and we would
like to award another $200,00.00 this year.
Mr. Egan moved approval of Contract Addition (C.O. No.
1) to Lanzo Lining in the amount of $200,000.00, seconded by Mr.
Randolph. Upon roll call the Commission voted as follows: Mayor
Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Elling-
sworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5
to 0 vote.
9.G. CONTRACT ADDITION (C.O. ~i)/PIPE-LINER INSTALLERS,
INC.: Consider approval of a contract addition (C.O. #1) in the
amount of $13,017.57 and an additional 30 calendar days to
Pipe-Liner Installers, Inc. for miscellaneous improvements to the
North Water Reservoir, with funding from 440-0000-361- 10.00).
The City Manager stated that work is currently in
progress on the North Water Reservoir located just north of the
City Attorney's Office. In the course of this work, it was
discovered additional improvements were needed; expansion work on
top of the tank; replacing the tile' floor in the electrical room,
repair of some places on the inside of the tank to the re-bar due
to corrosion; and, removal of all the sediments from the bottom
prior to refilling the tank.
Mr. Egan moved approval of the Contract Addition (C.O.
#1) in the amount of $13,017.57 and 30 calendar days to Pipe-Lin-
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er Installers, Inc., for improvements to the North Water Reser-
voir, seconded by Ms. Kiselewski. Upon roll call the Commission
voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes.
Said motion passed with a 5 to 0 vote.
9.H. CONTRACT ADDITION (C.O. #1)/MURRAY LOGAN CONSTRUCTION,
INC.: Consider approval of a contract addition (C.O. #1) in the
amount of $105,006.30 and 60 days additional time to Murray Logan
Construction, Inc. for construction of a watermain extension
along Seaspray Avenue and Waterway Lane, west of Andrews Avenue,
with funding from 442-5178-536-61.78.
The City Manager stated that the existing water lines
along the back of the property line are old and badly corroded;
thus, causing problems. Since the street is already torn up, the
City Manager felt it is the appropriate time to make the neces-
sary repairs.
Mr. Ellingsworth moved approval of the Contract Addi-
tion (C.O. #1) to Murray Logan Construction in the amount of
$105,006.30, and 60 days additional time, seconded by Mr. Egan.
Upon roll call the Commission voted as follows: Mr. Egan - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes;
Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote.
9.I. BID AWARD/GREER TILE COMPANY: Consider approval of a
bid award in the amount of $14,965 to Greer Tile Company as
lowest responsive bidder (second iow bidder) for floor tile
replacement at the Community Center, from 115-0000-248-03.00.
The City Manager stated that two vendors had submitted
bids for the project, ARZ Builders, Inc. in the amount of
$14,200; and, Greet Title Company in the amount of $14,965.
During the replacement of the floor tile at the Community Center,
the City Manager noted that he had received a written bid protest
from ARZ Builders. He pointed out ARZ Builders is a general
contracting firm and would contract the tile work out to another
vendor. The City will be acting as its own general contractor by
coordinating the work. Also, the bids were so close, staff feels
the additional cost is warranted on that basis alone. In addi-
tion, ARZ Builders have not performed well on past projects.
Mr. Randolph moved to reject the iow bid, ARZ Builders,
Inc., on the basis of unsatisfactory past performance, and award
the contract to Greer Tile Company as lowest responsive bidder,
in the amount of $14,965.00, seconded by Mr. Egan. Upon roll
call the Commission voted as follows: Mr. Ellingsworth - Yes;
Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes;
Mr. Egan - Yes. Said motion passed with a 5 to 0 vote.
9.J. REJECTION OF BIDS/ELEVATED STORAGE TANK REHABILITATION:
Consider rejecting all bids received for the elevated storage
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tank rehabilitation, and authorize staff to revise the specifica-
tions and re-bid the project.
The City Manager stated that two vendors had submitted
bids for this project: Eagle Tank in the amount of $76,900.00 and
Worth Contracting, Inc. in the amount of $118,000.00. The low
bid did not meet part of the specifications required and the high
bid is more than twice what was estimated for the project. Staff
would like to re-do the specs and re-bid the project.
Mr. Ellingsworth moved to reject all bids, and author-
ize readvertising the project with revised bid specifications for
the elevated storage tank rehabilitation, seconded by Mr. Egan.
Upon roll call the Commission voted as follows: Mr. Randolph -
Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes;
Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote.
9.K. CHARLIE BROWN V. CITY/OFFER OF SETTLEMENT: Consider an
offer of settlement in the referenced matter.
The City Attorney reported that the jury found that the
City was 75% at fault and Mr. Brown was 25% at fault, with the
ultimate verdict against the City in the amount of $300,000.00,
plus attorney's fees, which are anticipated to be $90,000.00.
The City has received a settlement offer of $250,000.00.
Mr. Randolph moved to deny the Charlie Brown versus
City offer of settlement, seconded by Mr. Ellingsworth. Upon
roll call the Commission voted as follows: Mayor Alperin - Yes;
Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes;
Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote.
9.L. APPOINTMENT TO THE AFFORDABLE HOUSING ADVISORY COMMIT-
TEE (RESOLUTION NO. 80-96): Appoint a member to the Affordable
Housing Advisory Committee to fill an unexpired term ending March
31, 1997, and adopt Resolution No. 80-96. The appointment will
be made by Commissioner Ellingsworth.
The caption of Resolution No. 80-96 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPOINTING A
MEMBER TO THE AFFORDABLE HOUSING ADVISORY
COMMITTEE, PURSUANT TO STATE LAW, PROVIDING
AN EFFECTIVE DATE.
(Copy of Resolution No. 80-96 is on file in the offi-
cial Resolution Book)
Mayor Alperin announced that an additional applicant,
Renee C. Dillon, submitted an application to the Affordable
Housing Advisory Committee.
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Mr. Ellingsworth moved to appoint Thomas G. Hinners to
the Affordable Housing Advisory Committee to fill an unexpired
term ending March 31, 1997, seconded by Ms. Kiselewski. Upon
roll call the Commission voted as follows: Ms. Kiselewski - Yes;
Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes;
Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote.
Mr. Randolph moved to adopt Resolution No. 80-96,
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph
- Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion
passed with a 5 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:
NOTE: Items 10.A.1 thru 10.A.4. all pertain to some aspect of
the proposed redevelopment plan for North Federal Highway. Item
10.A.1., adoption of the plan, does not require a public hearing.
Item 10.A.2., Ordinance No. 51-96/Comprehensive Plan Amendment
96-1A, does not require a public hearing until second reading
scheduled for November 19, 1996. Nonetheless, we have scheduled
them for consideration at this point on the agenda because they
are so closely related.
The following items were considered jointly as they are
closely related in nature, although separate formal actions will
be taken by the Commission on each of the issues. The Planning
Director made one presentation summarizing each of the issues
under consideration.
A.1. North Federal Hiqhway Redevelopment Plan. Consider
adoption of the proposed redevelopment plan for the North Federal
Highway corridor.
The City Attorney read the captions of Ordinance No.
51-96, Ordinance No. 52-96, and Ordinance No. 53-96 and presented
the North Federal Highway Plan. A public hearing was held having
been legally advertised in compliance with the laws of the State
of Florida and the Charter of the City of Delray Beach, Florida.
Diane Dominguez, Planning Director, stated that on
October 28, 1996, the Planning and Zoning Board held a public
hearing on the North Federal Highway Redevelopment Plan, the
Comprehensive Plan Amendment, and the associated LDR changes.
The Board unanimously recommended approval of the plan and
supported the light industrial overlay amendment. The Board was
split on the increase in density. Ms. Dominguez explained that
the North Federal Highway area is basically a commercial corri-
dor. Of the 143 acres in the study area, approximately 27% is
residential use consisting of single family and multiple family
-12- 11/05/96
housing. Approximately 50% is non-residential use, which is
primarily a combination of retail, service, restaurant, office,
and automotive. The remaining area is vacant land. There are
some blighted conditions and traffic counts have decreased over
the years on North Federal Highway. There has been a two percent
decrease in assessed property values during the past several
years. There have been some recent investments and some positive
changes. However, there are still some marginal uses. Market
studies were conducted which indicate that over the next fifteen
years the area can support another 150,000 sq.ft, of retail and
approximately 250,000 sq.ft, of office and light industrial uses.
Also, a housing study was conducted which indicates that there is
a market in the area, as well as throughout the City, for high
income rental apartments. Physical improvements in the area, as
well as adjacent neighborhoods, would help to improve the appear-
ance and image of the North Federal Highway corridor. There are
three main aspects to the redevelopment plan. The first is to
provide more flexibility in the types of uses that can locate in
the section of the corridor between Federal and Dixie Highways,
north of N.E. 14th Street, with the light industrial overlay
district. The second aspect is a proposal for increasing density
up to 18 units per acre for the Yake property (and potentially
for the swap shop property). The third aspect looks at beautifi-
cation measures and improvements and neighborhood plans to help
improve the image of the commercial corridor and help to stabi-
lize the adjacent residential neighborhoods. It is hopeful these
measures will help stimulate economic investment in this area and
help to build on those improvements.
The North Federal Highway Redevelopment Plan does call
for the reinvestment of a good portion of the tax increment
financing that would be generated by new development. Several
areas have been identified for beautification in neighborhoods
along Dixie and Federal Highways, including lighting improvements
and a potential neighborhood park.
Speaking from the audience were the following:
Mayor William Koch, Town of Gulf Stream, stated that
Scott Harrington, Town Manager, will represent the town's views.
Scott ~arrington, Town Manager for the Town of Gulf
Stream, thanked City staff and administration for their hard work
and outstanding coordination in this endeavor. Since the Town of
Gulf Stream borders this area, there has long been an understand-
ing between the two cities about the need for improvements. Gulf
Stream supports the proposed redevelopment plan, with the excep-
tion of the high density application to the Yake property. Mr.
Harrington felt the proposed luxury rental apartments would be
just as viable at 12 units per acre rather than the 18 units
proposed. He asked that the letter from the Town of Gulf Stream
be made part of the record.
-13- 11/05/96
Eric Kovar, representing ZOM Development, Inc., pre-
sented a site plan for the luxury waterfront apartments and
distributed brochures of the proposed development.
Steve Feldman, President of Pulte Homes, spoke in
support of the redevelopment plan, including the increased
density aspect. Pulte Homes' new development, Kokomo Key, is
located within the subject area. Mr. Feldman acknowledge that it
becomes an emotional and difficult issue when changes are pro-
posed which will affect existing residential areas. However, he
challenged the City's officials to look beyond that emotion, look
at the facts, and do what will be best for the City into the
future.
Loren Sheffer, President of Borton Volvo/Volkswagon,
noted that he and his partner have followed this proposal since
its inception. They are both supportive of the North Federal
Highway Redevelopment Plan as they feel strongly that it will
help to revitalize the area with rapid and positive change.
Fred Ebner, 710 Bond Way, representing North Palm Trail
Homeowners Association, expressed concern that if the high
density designation of 18 acres is approved, it will only pave
the way for future Commissions to make amendments to allow higher
densities for other developers. Mr. Ebner felt that the resi-
dents of the City had not been properly informed of the issues.
Gerry Hudson, representing the Delray Shores Homeowners
Association, opposed the high density designation of 18 units per
acre.
Michael Weiner supported the creation of the High
Density Residential land use designation. He pointed out that
zoning is a matter of geography and there are many miles between
Woolbright Boulevard in Boynton Beach to Atlantic Avenue to the
south. He felt this area of Federal Highway is being "transpor-
tation locked" and the only way to generate a true economy is to
have families locate in this area to support retail and commer-
cial use.
Kim Conrad, 1010 N.E. 8th Avenue, was opposed to any
increase in density as he felt it would add to overcrowding in
local schools. He pointed out that Atlantic High School, where
he is a teacher, is at 139% capacity and other local schools have
either reached or are approaching capacity.
Helen Coopersmith urged the Commission to deny the land
use designation of high density. She pointed out that government
is the opinion of the people and that the Land Use Element of the
Comprehensive Plan should be strictly followed as it is a blue-
print for the City's growth for years to come.
Arnold Granite 1424 S.W. 14th Street, Boca Raton, spoke
in support of the high density land use designation. He comment-
-14- 11/05/96
ed that during the past 25 years he has driven to work in Boynton
Beach via Federal Highway or Military Trail. During the years,
Military Trail has seen plenty of successful development, both
commercial and residential, but Federal Highway has remained much
the same without any improvements. He felt the proposed redevel-
opment plan would be beneficial to the North Federal Highway
corridor.
Ron Britto supported the high density land use designa-
tion. He felt that the City should be progressive and move
forward with the redevelopment plan.
Patty MetzHer, 1215 Crystal Way, stated that she has
conducted research on policy issues relating to land and urban
development. She supported the redevelopment plan because it
serves to further state and regional policies which relate to
urban and downtown revitalization. The plan further helps to
serve programs like Eastern Ho! which was recommended by the
Governor's Commission for a Sustainable South Florida. This
initiative promotes directing future growth and investments in
the eastern areas of Dade, Broward and Palm Beach Counties. Ms.
Metzger felt the redevelopment plan addresses and acknowledges
further demands for housing and commercial uses.
Shelly Petroll&, 935 Evergreen Drive, expressed concern
about the high density aspect of the redevelopment proposal. As
a realtor, she is aware that people are attracted to Delray Beach
for its low density and 'village-by-the-sea' character. The
North Federal Highway corridor needs improvement, but she felt
high density is not the answer.
Joanne Peart, 107 N.W. 9th Street, pointed out that one
reason the North Federal Highway corridor looks the way it does
is because it was annexed to the City only a few years ago. She
supported the North Federal Highway Redevelopment Plan but not
the proposal for high density at 18 units per acre. She felt the
City should retain its image of a village-by-the sea. Ms. Peart
emphasized that the City leaders and the business community
should seriously and respectfully listen to its citizens.
Cliff Durden, 702 Chatalaine Boulevard East and Vice
President of the East Chatalaine Neighborhood Association, stated
that certain improvements need to be made to this area. While he
supports redevelopment, he felt the proposed increase in density
was excessive. Further, he felt that "more is not better" in
this particular scenario as it would create a hardship on the
citizens of the community.
Mary Lou Jamison, 515 North Swinton Avenue, preferred a
lower density rather than the 18 units proposed. Ms. Jamison
read a letter into the record from Alice Finst who was unable to
attend this evening's meeting. Ms. Finst strongly opposed the
high density designation and wondered how a valuable piece of
prime waterfront land could be included in the category of
-15- 11/05/96
"redevelopment" when the land has never been developed. She felt
the proposed density is inappropriate and would set a precedent
for similar requests throughout the City.
Rich Mc Gloin, 2275 North Swinton Avenue representing
the Seacrest Homeowners Association, stated that his community
supports the redevelopment plan but has concerns over the high
density. The City has the opportunity to take advantage of
development which meets requirements and justifies approval. He
emphasized that North Federal Highway is long overdue for revi-
talization, and the CRA and the City have the checks and balances
that will provide quality development in this area. He urged the
Commission to approve the redevelopment plan.
Mary Alfred, 31 N.W. 14th Avenue and member of the
Gateway Homeowners Association, opposed the high density residen-
tial designation of 18 units per acre.
Mohammad Karim, 1324 North Federal Highway, supported
the high density land use designation. He pointed out that his
business is barely making it financially, and during the past
year at least three businesses have closed at the shopping center
where his business is located. He was very happy to see the new
KoKoMo Key development and would like to see the North Federal
Highway area revitalized.
Bill Oheme, 929 Cypress Drive and President of the
Tropic Isle Homeowners Association, stated that over 250 resi-
dents of his community signed a petition opposing the high
density designation of 18 units per acre. He believes that the
City should follow the guidelines of the Comprehensive Plan and
VISIONS 2005. Mr. Oheme suggested that the high density issue be
placed on the ballot and put to a vote of the citizens.
Bill Wood, President of the Chamber of Commerce, stated
that he fully supports the North Federal Highway Redevelopment
Plan. He did not feel that 18 units per acre could really be
considered a high or excessive density. The City would still
retain its image of a 'village-by-the-sea' and the developer
could build a quality development with appropriate amenities.
Frank McKinney, 72 S.E. 6th Avenue and Vice-Chairman of
the Chamber of Commerce, supported the North Federal Redevelop-
ment Plan and the high density designation proposal. He felt
that individuals who could pay rent in the range of $1,200 to
$1,500 for luxury waterfront apartments would probably remain in
the vicinity to purchase homes and support businesses. He felt
that commercial businesses along North Federal Highway would
benefit, as well as the entire City.
Donna Menz, 3113 Lowson Boulevard, opposed the high
density proposal and agreed with the prior suggestion of putting
the issue on the ballot.
-16- 11/05/96
Jean Beer, representing the Progressive Residents of
Delray (PROD), felt that some of the issues of the plan such as
the proposed $1 million tax increment in 15 years is overly
optimistic. Realistically, if this tax increment does not
result, then the rest of the City will have to pay. She noted
there has not been a study to see what the projects in the CRA's
plan would cost in operating expenses to the rest of the City,
which could be considerable. Ms. Beer emphasized that the CRA's
Plan is not consistent with the Comprehensive Plan as there is no
mention of a botanical park or an additional contribution of
$500,000 to the CRA. Also, that the high density category is a
major change in policy and should never be connected to a plan or
a particular piece of property. No studies have been made to
where else in the City this category could or would apply and
what effects it would have on certain areas, especially the
impact upon local schools.
Richard Eckerle, 382 S.W. 27th Avenue and member of
PROD, reiterated that the organization adamantly opposes high
density. He pointed out that the City should concentrate on
utilizing single family housing to stabilize areas and not
substitute rentals developments.
Art Taylor, owner of O.C. Taylor Automobile Dealership,
stated that when he first came to North Federal Highway for his
business in 1979 the area looked like it was from the 1950s. It
still looks that way. He supported the redevelopment plan and
urged citizens to listen to the experts who have been hired to
prepare the plan.
RalDh De Vita, 6A Eastview Avenue, supported redevelop-
ment for this area but without the proposed high density.
Stanley Milosky, 610 Allen Avenue, opposed the redevel-
opment plan and the high density designation for luxury apart-
ments. He questioned why a prime parcel of land like the Yake
property is included in the CRA's redevelopment area, and noted
that a permit for the 17 acre Yake property was approved for
William Swaim by the Corp of Army Engineers for iow density,
single family homes in July 1991 and this permit expires 1998.
This permit also deals with the wetlands on the property. He
emphasized that the residents do not want high density develop-
ment adjacent to their neighborhoods. Mr. Milosky then read an
excerpt from the Department of Community Affairs ORC Report
regarding the coastal high hazard area with respect to the City
not providing a justification, data and analysis demonstrating
potential impact for evacuation time in the event of a hurricane
or severe storm.
Herb Wachtel, M.D. stated that his medical office is
located on N.W. 9th Avenue, north of George Bush Boulevard, and
he often drives along Federal Highway. It is obvious that
businesses are not doing well in this area. Dr. Wachtel felt
-17- 11/05/96
that the density proposed for the luxury apartments is modest and
would help to revitalize this area as well as the downtown.
Anne Fulton supported the redevelopment plan and
welcomed the developers to the City for their willingness to
invest in Delray Beach. She pointed out that if the proposal for
the luxury waterfront apartments had a density of 12 units per
acre rather than the 18 proposed, the residents would be more
supportive. She urged the developers to understand the citizens'
protest and not go away from Delray Beach. The residents want to
see new development within the existing parameters and vision
that has been established. Ms. Fulton continued that she is
uncomfortable with the fact that the Planning and Zoning staff
supports the high density proposal and, therefore, is not follow-
ing the guidelines of the Comprehensive Plan. She felt an owner
occupied project with lower density would be more profitable.
Lynn Stokes, 1220 Southways, stated that he has many
concerns regarding the issues under consideration. He noted that
it is better to recognize the fact that "no development is better
than bad development" Mr. Stokes opposed the high density
aspect and suggested that the plan be returned to the drawing
board.
Lillian Feldman, Pines of Delray, presented a letter
from the President of the Pines of Delray in opposition to the
high density issue. She felt there is an abundance of existing
rental complexes in the City.
Gladys Granite, 1424 S.W. 14 Street, Boca Raton, stated
that she works in Delray Beach and has considered moving here.
She supported the redevelopment plan, the high density proposal,
and the LDR amendments. She felt the City has accomplished a
great deal over the past few years and that it will continue into
the future with this redevelopment plan.
Diane Gaffee, representing the Lake Ida Property
Owners, presented a letter from the President of the Association
objecting to the high density proposal. The Lake Ida residents
feel the citizens of Delray Beach should be able to vote on the
issues under consideration as they will affect the entire city.
Patty Miller Andrews, spoke on behalf of State Repre-
sentative William F. Andrews who was unable to attend tonight's
meeting. She read his letter in opposition to the redevelopment
plan, in support of owner occupancy rather than rental develop-
ments, and expressed concerns with respect to the financial
aspects of the CRA's proposal.
InHrid Kennemar, local realtor, read a letter from Jeff
Kravet of 1551 North Federal Highway in support of the redevelop-
ment plan. The letter stated that Mr. Kravet's father had owned
a furniture store on North Federal Highway for many years. Not
only did the property depreciate in value, but the business
-18- 11/05/96
failed due to a lack of customer support from people living in
the area. Ms. Kennemar stated that she has had inquiries from
fifteen individuals about Mr. Kravet's property once they became
aware of the redevelopment plan. However, not one of them is
willing to move forward until action is taken regarding this
issue.
Sandy Morrissett, 318 Palm Trail, felt that the overall
redevelopment plan is needed, with the exception of the high
density designation for the Yake property. He pointed out that
he was a developer for many years and had developed similar
projects. As a professional, he assured the Commission that in
terms of assessments, quality of renters, business and income
generated there isn't much difference between 12 and 18 units per
acre.
Lisa Riddle, 3479 South Seacrest Boulevard, completed
reading the letter from State Representative William Andrews
opposing the high density designation.
Allan Partis, President of the Tropic Palms Homeowners
Association, expressed concern that the higher density would
cause an unknown impact upon area schools. He pointed out that
approximately 95% of citizens are supportive of the redevelopment
plan, but feel that the luxury apartments could be developed at a
density of 12 units per acre.
Michael Solarl, 515 Seagate Drive, felt that the North
Federal Highway area needs improvement, but was opposed to the
high density aspect. He felt that the guidelines of the Compre-
hensive Plan should be followed and expressed concern about
setting a precedent should the density of 18 units per acre be
approved.
Janice Younq, 915 Bond Way, stated that the reason she
lives in Delray Beach is because of its small, village image.
The City has more than its share of rental complexes and she felt
it would be better for the North Federal Highway corridor to
attract more commercial and retail uses.
Lenore Wachtel, resident of Boca Raton and owner of
commercial property on North Federal Highway, stated that the
North Federal corridor needs improvement. She commented that the
density in downtown Boca Raton is 27 units per acre, and the
residential units at Mizner Park are at 18 units per acre. The
development is not overcrowded and it fits in nicely with the
community.
Anthony Bruno, President of Indian Investments, Inc.
which owns land just north of the 17 acre parcel. He pointed out
that the owners purchased the property for $4 million and felt
they are trying to make up for their investment by asking an
increase in density. Mr. Bruno stated he has lived in Delray
Beach since 1963 and is opposed to the high density designation.
-19- 11/05/96
Russell Jester, 714 South Lake Avenue, stated that the
people who live in the area are opposed to high density. He
suggested that the botanical park be deleted and that the plan be
returned to the CRA for more work. He felt there must be some
way to enhance economic development without alienating 90% of the
people and the City needs to find a better way to accommodate
everyone.
Dan Burns, Chairman for the Council of 100, stated that
the committee supports the North Federal Highway Redevelopment
Plan and urged the City to move forward with progress.
There being no one else who wished to address the
Commission on these items, the Mayor closed the public hearing.
Discussion by the Commission followed.
Mr. Ellingsworth stated that it is very difficult to
sit on the dais and see the community split over this issue. He
suggested the North Federal Highway Redevelopment Plan be amended
by replacing the word "will" with "may" or "should" throughout
the entire document. He found it difficult to support the costs
of a park in the amount of $1,050,625 for several reasons: 1)
the City has two parks that are unfunded at this time; 2) the
concept of a park in that particular area would not be desirable
and not worth the investment. He suggested the deletion of
$1,050,625 park costs along with the City's $525,000 investment,
therefore the bond issue would reflect the reduction of $525,000.
With respect to the issue of density, Mr. Ellingsworth
stated that he could not support the density of 18 units per acre
as he is not convinced that adding another 100 units to this area
would make or break this particular development plan.
Mr. Randolph acknowledged that this is a very sensitive
issue and thanked the audience for attending this evening. He
questioned the marketing aspects in this particular area as
compared to other areas of the City, and expressed concern about
the setting of a precedent. If the density remained at 12 units
per acre, he would support it wholeheartedly as the North Federal
corridor area needs improvement, but he could not support the
density of 18 units per acre.
Mr. Egan thanked everyone for their comments this
evening. He pointed out that this plan was prepared and studied
by expert dedicated Planning and Zoning staff and the CRA Board
who have dedicated their time and effort to come forward with
this plan. He recommended that if the plan is to move forward,
the high density designation should be restricted only to the CRA
redevelopment areas, which would basically limit density to North
Federal Highway. Mr. Egan felt that the City should move forward
with the plan; however, with the deletion of the park. With
respect to expenditures, Mr. Egan made the following suggestions:
1) that expenditures be limited for beautification for neighbor-
hoods in this area, including sidewalks or better lighting (but
-20- 11/05/96
not for the purposes of the commercial owners or for the paver
bricks or lighting on Federal Highway); 2) beautification for the
FEC railroad corridor (buffer zone); 3) help to stabilize the
neighborhoods and earmark funds for the Seacrest and Del-Ida
neighborhoods. Mr. Egan felt the plan is not perfect, but is
workable with some amendments and the City has the opportunity to
move forward.
Ms. Kiselewski stated that she, too, has been agonizing
over these issues but is encouraged by comments expressed this
evening regarding the interest for improving North Federal
Highway. She does not have a problem with the light industrial
overlay proposal and the beautification issues as she feels they
will go a long way in moving redevelopment forward. Ms. Kise-
lewski expressed concern with respect to the density issue and
was troubled by the public outcry against the density. She was
hesitant to do anything with density within the CRA development
areas at this time. There has been a lot of discussion this
evening regarding vision but that is only a small portion of the
success of Delray Beach. She was discouraged by the fact that
people from all areas of the City have not been supportive;
however, she personally would like to move forward with the plan.
Mayor Alperin commended the Planning and Zoning staff
and the CRA for producing an excellent plan, although he does not
agree with all aspects. He felt it would have been more advanta-
geous if there had been a special task force which might have
foreseen some of the problems. Perhaps some of the issues could
have been resolved prior to Commission's consideration. Mayor
Alperin suggested that the redevelopment plan be returned to the
CRA for further consideration in light of the comments and
direction discussed this evening..
With respect to the suggestion made during public
testimony regarding placing this issue on the ballot, Mayor
Alperin stated that government would come to a screeching halt if
every controversial issue was voted upon. Further, the Mayor
pointed out that the Comprehensive Plan does serve as the guide-
line for the City's growth; however, it is not a rigid document.
Changes can and should be made when approproate opportunities or
circumstances present themselves, and the City has to be able to
seize those opportunities. Mayor Alperin expressed his disap-
pointment that the density issue had become so divisive. None-
theless, the Commission's job is to review the issue at hand and
decide whether the City should take the risk of adding a higher
density than what was originally planned and if the change is
worthwhile. Mayor Alperin stated that he is not comfortable with
the plan as written and, in his view, the high density issue
should not be approved at this time.
A.1. North Federal Highway Redevelopment Plan. Consider
adoption of the proposed redevelopment plan for the North Federal
highway corridor.
-21- 11/05/96
Mr. Ellingsworth moved to remand the North Federal
Highway Redevelopment Plan to the Community Redevelopment Agency
with the following direction: deletion of the park; deletion of
the high density designation; change the funding as it reflects
the park and bonding; restrict beautification for the residential
owners but not commercial owners; earmark funds to help stabilize
the Seacrest and Del-Ida neighborhoods; and expansion and beauti-
fication the FEC corridor, seconded by Ms. Kiselewski. Upon roll
call the Commission voted as follows: Mr. Ellingsworth - Yes;
Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes;
Mr. Egan - Yes. Said motion passed with a 5 to 0 vote.
A.2. ORDINANCE NO. 51-96 (FIRST READING): An ordinance
adopting Comprehensive Plan Amendment 96-1A which includes:
1. Comprehensive Plan Text Amendment related to the
North Federal Highway redevelopment area, includ-
ing changes to the description of the North
Federal Highway area, and changes to the General
Commercial land use category allowing certain
light industrial uses in a portion of the North
Federal Corridor.
2. Comprehensive Plan Text Amendment creating a High
Density Residential (12-18 units per acre) Future
Land Use Map classification for use in areas of
the City proposed for redevelopment.
3. Future Land Use Map Amendment from Medium Density
Residential (5-12 units per acre) to High Density
Residential (maximum of 18 units per acre) for the
Yake property, located on the west side of the
Intracoastal Waterway, generally between Allen
Avenue and Lake Avenue South.
The City Manager presented Ordinance No. 51-96:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ADOPTING
COMPREHENSIVE PLAN AMENDMENT 96-1A PURSUANT
TO THE PROVISIONS OF THE "LOCAL GOVERNMENT
COMPREHENSIVE PLANNING AND LAND DEVELOPMENT
REGULATION ACT", FLORIDA STATUTES SECTIONS
163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"
ENTITLED "COMPREHENSIVE PLAN AMENDMENT
96-1A", AND INCORPORATED HEREIN BY REFERENCE;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(Copy of Ordinance No. 51-96 is on file in the official
Ordinance Book)
-22- 11/05/96
Mr. Egan moved to approve Ordinance No. 51-96 on FIRST
Reading adopting Comprehensive Plan Amendment 96-1A with the
exception of the creation of the high density residential desig-
nation and the amendment to the Land Use Map for the Yake proper-
ty, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms.
Kiselewski Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said
motion passed with a 5 to 0 vote.
10.A.3. ORDINANCE NO. 52-96 (FIRST READING AND FIRST PUBLIC
HEARING): An ordinance amending the Land Development Regulations
by enacting Section 4.4.8, "High Density Residential (RH) Dis-
trict'', allowing densities of up to 18 units per acre in limited
areas of the City, subject to conformance with specified perfor-
mance standards.
The City Manager presented Ordinance No. 52-96:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ENACTING
SECTION 4.4.8, "HIGH DENSITY RESIDENTIAL (RH)
DISTRICT" OF THE LAND DEVELOPMENT REGULA-
TIONS OF ~HE CITY OF DELRAY BEACH; PROVIDING
FOR THE PURPOSE AND INTENT OF THE ZONING
DISTRICT, PRINCIPAL USES AND STRUCTURES
PERMITTED, ACCESSORY USES AND STRUCTURES
PERMITTED, CONDITIONAL USES AND STRUCTURES
ALLOWED, REVIEW AND APPROVAL PROCESS, DEVEL-
OPMENT STANDARDS, PERFORMANCE STANDARDS, AND
SUPPLEMENTAL DISTRICT REGULATIONS; AMENDING
SECTION 4.3.4(K), "DEVELOPMENT STANDARDS
MATRIX - RESIDENTIAL ZONING DISTRICTS" BY
ADDING THE RH DISTRICT TO THE MATRIX; PROVID-
ING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(Copy of Ordinance No. 52-96 is on file in the official
Ordinance Book)
Mr. Randolph moved to deny Ordinance No. 52-96 on FIRST
Reading, seconded by Ms. Kiselewski. Upon roll call the Commis-
sion voted as follows: Mayor Alperin Yes; Ms. Kiselewski -
Yes; Mr. Egan. - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes.
Said motion to deny passed with a 5 to 0 vote.
10.A.4. ORDINANCE NO. 53-96 (FIRST READING AND FIRST PUBLIC
HEARING): An ordinance amending LDR Section 4.4.9, "General
Commercial (GC) District", and Article 4.5, "Overlay and Environ-
mental Management Districts", to provide for the North Federal
Highway Overlay District, allowing for certain light industrial
uses. If passed, a second public hearing will be scheduled for
November 19, 1996.
The City Manager presented Ordinance No. 53-96:
-23- 11/05/96
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.4.9, "GENERAL COMMERCIAL (GC)
DISTRICT, SUBSECTION 4.4.9(D), "CONDITIONAL
USES AND STRUCTURES ALLOWED", AND SUBSECTION
4.4.9(G), "SUPPLEMENTAL DISTRICT REGULA-
TIONS'', OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR
THE NORTH FEDERAL HIGHWAY OVERLAY DISTRICT;
AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRON-
MENTAL MANAGEMENT DISTRICTS", OF SAID LAND
DEVELOPMENT REGULATIONS, BY ENACTING SECTION
4.5.7, "THE NORTH FEDERAL HIGHWAY OVERLAY
DISTRICT", TO DEFINE AND ESTABLISH SAID
OVERLAY DISTRICT; PROVIDING A GENERAL REPEAL-
ER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(Copy of Ordinance No. 53-96 is on file in the official
Ordinance Book)
Mr. Randolph moved to approve Ordinance No. 53-96 on
FIRST Reading, seconded by Mr. Egan. Upon roll call the Commis-
sion voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes.
Said motion passed with a 5 to 0 vote.
10.B. 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 this ordinance on FIRST Reading, a public hearing has been
scheduled to be held at this time. If passed, a second public
hearing will be scheduled for November 19, 1996.
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)
-24- 11/05/96
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. The public hearing was closed.
Diane Dominguez, Planning Director, stated that these
changes have been incorporated amending Ordinance No. 46-96.
This item is a continuation of the public hearing for Ordinance
No. 46-96 which amends LDR Section 4.6.9, "Off-Street Parking
Regulations", by making changes to various sections of the code.
At second reading on October 15, 1996 the Commission postponed
action so that changes pertaining to striping details and guest
parking space requirements could be incorporated. These changes
include the provision of parking space details and parking lot
layout diagrams which incorporate double striping versus single
stripes.
The public hearing was declared open. There being no
one to address the Commission on this item the public hearing was
closed.
Mr. Egan moved to approve Ordinance No. 46-96, as modi-
fied, on Second and FINAL Reading, seconded by Mr. Randolph. Upon
roll call the Commission voted as follows: Mr. Egan - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin Yes; Ms.
Kiselewski - Yes. Said motion passed with a 5 to 0 vote.
10.C. ORDINANCE NO. 47-96: An ordinance amending Ordinance
No. 33-96 enacting Chapter 51, "Garbage and Trash", of the City
Code to add and delete certain definitions; to provide that
Spanish Wells Condominium shall receive reardoor/sidedoor service
and that High Point shall receive curbside disposable bag service
with centralized vegetative and bulk pickup; providing a rate for
High Point subdivision; 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. 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. 47-96:
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",
-25- 11/05/96
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.
(Copy of Ordinance No. 47-96 is on file in the official
Ordinance Book)
Assistant City Attorney Brian Shutt read the caption of
the ordinance. A public hearing was held having been legally
advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Alperin stated there have been some significant
changes made to the ordinance since first reading on October 15,
1996 with respect to service to certain neighborhoods, as well as
further clarification to certain provisions of the ordinance as
they relate to the City's contract with BFI. Staff recommends
that Ordinance No. 47-96 be denied at this time.
Mayor Alperin declared the public hearing open.
Joel Franqie, 810 Bond Way, asked why there are differ-
ent regulations and rates throughout the City? He stated that
his community opt to have reardoor service which is more expen-
sive, however, now the carts are larger and BFI does not pick up
garbage at the reardoor. Mr. Frangie felt he was still being
charged the rates for the rearddoor service.
Mayor Alperin stated that City staff will check into
the situation.
Bernard Lillenstein, President of High Point Section
IV, questioned the centralized service. He stated that this
community does not want centralized vegetative waste or bulk
-26- 11/05/96
service since they contract lawn services who take away the
trash. He emphasized that this community consists of retired
people who find it difficult to bring their trash to a central-
ized area. High Point has always had curbside service and now
the residents are being charged the same rate for the curbside
service as for centralized service.
The City Manager stated that all High Point residents
are charged the same rates and these rates also apply to Country
Manors and Imperial Villas.
Mr. Lillenstein felt there has been some mistake and
reiterated that High Point has had curbside service for 20 years
and now are being charged the higher rate for centralized service
which they do not want.
Helen Coopersmith, resident of High Point, agreed there
seems to be some sort of a conflict and felt the word "central-
ized service" is confusing.
Mayor Alperin stated that City staff and the represen-
tatives from all sections of High Point will have the issue
resolved regarding their rates and service.
There being no one else who wished to to speak on this
item, the public hearing was closed.
Ms. Kiselewski moved to deny Ordinance No. 47-96
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion
to deny passed with a 5 to 0 vote.
11. Comments and Inquiries on Non-Aqenda Items from the
Public-Immediately followinq Public Hearinqs.
ll.A. City Manaqer's response to prior public comments and
inquiries.
The City Manager responded to a prior inquiry with
respect to the possible relocation of the Delray Tri Rail Station
from the County's Administrative Center to the Knight Center on
Congress Avenue and 1-95. After contacting Tri Rail's Planning
Department, staff was assured that there are no plans to relocate
the Delray Tri Rail Station. However, the Boca Raton Tri Rail
Station at Yamato Road will be replaced with two stations: the
Boca North Station, which will be located at Congress Avenue and
1-95 adjacent to the Knight Center; and, the Boca South Station,
will be located at Glades Road.
With respect to a prior concern regarding signs being
placed on the existing median flower beds on Homewood Boulevard,
the City Manager reported that Code Enforcement has been aggres-
sively working with the Clearbrook developer for the past month
-27- 11/05/96
or so to correct this problem. Initially, courtesy notices were
sent to the developer. City staff removed the signs when they
appeared, usually on Saturdays and Sundays. The City Manager
noted that after an official notice was sent to the developer,
there have been no signs placed on the medians on Homewood
Boulevard during the past several weekends.
ll.B. From the Public.
Josh Smith, 3616 Avenue Degien, stated that he had been
approached by concerned citizens residing in the Black community
requesting that he represent them on their behalf. Mr. Smith
further stated that a significant percentage of the Black commu-
nity has many serious concerns and fears. The group, at one
point, thought they had succeeded in getting an item on tonight's
agenda; however, they found out that they had not succeeded in
this endeavor.
Mayor Alperin noted that Commissioner Randolph request-
ed that this issue be placed on the November 12, 1996 Workshop
agenda.
It was pointed out by Mr. Smith that many concerns and
fears of the group revolve around disparities and inequities. He
noted everyone realizes that problems exist and he feels now is
the proper time to take steps to seek viable solutions to these
problems. He emphasized that Black residents are adversely
affected by decisions for which they have not had the opportunity
to give input to City officials. Mr. Smith made reference to the
issue of racial imbalances and suggested the City should be in a
pro-active mode rather than a reactive mode.
Mr. Smith stated that some of the concerns of the group
are as follows: environmental services and inequities/fears
associated with these services; changes for young children which
may place them in potential danger or injury; a dual set of
standards with regard to attitudes and demeanor of law enforce-
ment officials relative to courtesy and respect to young people
of color; assistance in the provision of social outlet, especial-
ly on the weekends for black citizens who are not old enough to
enter bar establishments; code enforcement inequities; crossing
guard problems at the Carver Full Service Center; and, the Police
Department's extremely slow response to calls from citizens
within the Black community.
12. FIRST READINGS:
12.A. ORDINANCE NO. 48-96: An ordinance rezoning a parcel of
land from GC (General Commercial) to CF (Community Facilities)
for Greater Mount Olive Missionary Baptist Church. The subject
property is located on the east side of N.W. 5th Avenue, between
Atlantic Avenue and N.W. 1st Street. If passed, a quasi-judi-
cial/public hearing will be held November 19, 1996.
-28- 11/05/96
The City Manager presented Ordinance No. 48-96:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED GC (GENERAL
COMMERCIAL) DISTRICT IN THE CF (COMMUNITY
FACILITIES) DISTRICT; SAID LAND BEING LOCATED
ON THE EAST SIDE OF N.W. 5H AVENUE APPROXI-
MATELY 200 FEET NORTH OF ATLANTIC AVENUE, AS
MORE PARTICULARLY DESCRIBED HEREIN, AND
ASSOCIATED WITH GREATER MOUNT OLIVE MISSION-
ARY BAPTIST CHURCH; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 1994"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Mr. Ellingsworth moved to approve Ordinance No. 48-96
on FIRST Reading, based upon the findings and recommendation of
the Planning and Zoning Board, seconded by Mr. Egan. Upon roll
call the Commission voted as follows: Mr. Randolph - Yes; Mayor
Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Elling-
sworth - Yes. Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 49-96: Future Land Use Map Amendment
from County MR-5 (Medium Density Residential 1-5 units per acre)
to City Low Density Residential 0-5 units per acre, and annexa-
tion with initial zoning of CF (Community Facilities) for the
Rosacker property, located on the west side of Gallagher Road at
the end of Brady Boulevard.
The City Manager presented Ordinance No. 49-96:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRAY BEACH, A PARCEL OF LAND
KNOWN AS THE ROSACKER PROPERTY LOCATED ON THE
WEST SIDE OF GALLAGHER ROAD AT THE INTERSEC-
TION OF GALLAHER ROAD AND BRADY BOULEVARD, AS
MORE PARTICULARLY DESCRIBED HEREIN, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS; REDEFINING THE BOUNDARIES OF THE CITY
TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING
AN OFFICIAL LAND USE DESIGNATION FOR SAID
LAND TO THE FUTURE LAND USE MAP AS CONTAINED
IN THE COMPREHENSIVE PLAN; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN AMEND-
MENTS; PROVIDING FOR THE ZONING THEREOF TO CF
(COMMUNITY FACILITIES) DISTRICT; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
-29- 11/05/96
The City Attorney read the caption of the ordinance.
Mr. Ellingsworth moved to approve Ordinance No. 49-96
on FIRST Reading, based on findings and recommendation of the
Planning and Zoning Board, seconded by Mr. Egan. Upon roll call
the Commission voted as follows: Mayor Alperin - Yes; Ms.
Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes. Said motion passed with a 5 to 0 vote.
12.C. ORDINANCE NO. 50-96: An ordinance amending LDR Section
4.5.1, "Historic Preservation Sites and Districts", by enacting a
new subsection 4.5.1(M), "Tax Exemption for Historic Properties",
to allow for a tax exemption for certain improvements. If
passed, public hearing November 19, 1996.
The City Manager presented Ordinance No. 50-96:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ARTICLE 4.5 "OVERLAY AND ENVIRONMENTAL
MANAGEMENT DISTRICTS", OF THE LAND DEVELOP-
MENT REGULATIONS OF THE CITY OF DELRAY BEACH,
FLORIDA, BY ENACTING A NEW SUBSECTION
4.5.1(M), "TAX EXEMPTION FOR HISTORIC PROPER-
TIES", TO AUTHORIZE AD VALOREM TAX EXEMPTIONS
FOR HISTORIC PROPERTIES; ESTABLISHING RE-
QUIREMENTS AND PROCEDURES; DESIGNATION THE
HISTORIC PRESERVATION BOARD TO REVIEW APPLI-
CATIONS AND MAKE RECOMMENDATIONS TO THE CITY
COMMISSION; ESTABLISHING PENALTIES; PROVIDING
A SAVING CLAUSE, A REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Ms. Kiselewski questioned who determines the increased
value resulting from improvements?
Diane Dominguez, Planning Director, responded that it
is the Property Appraiser's Office who determines the value. She
explained that they take a percentage of the cost of the improve-
ments and apply it appropriately.
Mr. Egan moved to approve Ordinance No. 50-96 on FIRST
Reading, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes.
Said motion passed with a 5 to 0 vote.
12.D. (ADDENDUM) ORDINANCE NO. 55-96): An ordinance amending
Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", of the
City Code to add and delete definitions; to provide that Spanish
Wells condominium shall receive rear door/side door service; to
provide for Country Manors, Imperial Villas and High Point
-30- 11/05/96
subdivisions to receive centralized vegetative waste and bulk
trash pick-up; clarifying that vegetative waste may not be placed
in roll-out carts; clarifying the use of mechanical containers,
the disbursement of recycling containers, and lawn maintenance
and landscaping companies disposal sites; stating the times
permitted for placing garbage receptacles at curbside; clarifying
that roll-off compactor units and containers that service resi-
dential or multi-family units are included under the franchise
agreement.
The City Manager presented Ordinance No. 55-96:
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", 51.39, "MAINTENANCE OF CONTAINERS",
51.40, "PLACEMENT OF CONTAINERS AND TRASH;
PRECOLLECTION PRACTICES", 51.45, "CONSTRUC-
TION AND DEMOLITION SITES", 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 CLARIFI-
CATION; BY AMENDING SECTION 51.18, "TYPES OF
SERVICES PROVIDED FOR PICKING UP GARBAGE AND
TRASH", TO PROVIDE CLARIFICATION AND PROVID-
ING THAT THE SUBDIVISION OF SPANISH WELLS
SHALL RECEIVE REAR-DOOR/SIDE-DOOR SERVICE AND
TO PROVIDE FOR A CURBSIDE DISPOSABLE BAG
SERVICE WITH CENTRALIZED VEGETATIVE AND BULK
PICKUP; BY AMENDING SECTION 51.37, "USE OF
OTHER UNITS AND CONTAINERS", TO PROVIDE FOR
COLLECTION OF ROLLOFF COMPACTORS FOR RESIDEN-
TIAL UNITS; BY AMENDING SECTION 51.70,
"REGULAR CHARGES LEVIED", TO PROVIDE A RATE
FOR THE CURBSIDE DISPOSABLE BAG SERVICE WITH
CENTRALIZED VEGETATIVE AND BULK PICKUP;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
-31- 11/05/96
Mr. Randolph moved approval of Ordinance No. 55-96 ON
FIRST Reading, seconded by Mr. Egan. Upon roll call the Commis-
sion voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes;
Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes.
Said motion passed with a 5 to 0 vote.
13. Comments and Inquiries on Non-Aqenda Items.
13.A. City Manaqer.
The City Manager responded to Mayor Alperin's prior
inquiry with regard to using ISTEA funds for sidewalks along the
west side of A-1-A. The Florida Department of Transportation
informed staff that the project would be eligible for funding;
however, they will not be accepting any applications until the
summer of 1997. If the project were to be selected, it will be
the year 2002 before monies would be available.
In response to Mr. Randolph's comment regarding the
Pompey Park Swimming Pool, the City Manager stated that during
the month of March, it was brought to the City's attention that
the west wall of the pool had unsightly rust stains on it. Staff
contacted the contractor who subsequently made what he thought
were the necessary repairs to correct the problem. However,
several months later the stains reappeared and a more intensive
evaluation was made as to the possible cause of the stains.
Earlier this month, it was determined that there was a broken
water line under the deck which caused the problem.
During the month of July, it was brought to the City's
attention that the diving platform had a hairline crack and the
railing was loose. After several meetings with the architect,
the pool contractor discussed the cost and repair of the railing.
The contractor assured staff that necessary repairs were sched-
uled. Just last week, staff found out that this had not be taken
care of; thus, the City sent a letter to the contractor warning
that action against his bonding company was imminent if the work
was not completed within thirty (30) days. This means that the
contractor has until the end of November, 1996 to make the
necessary repairs. The City Manager pointed out that the archi-
tect has since redesigned a different type of support for the
diving board in order to correct the design weakness. He noted
that there was also a problem with a sanitary line blockage
around the women's locker area which caused the lockers to be
closed for several days. After attempting to correct the problem,
City crews discovered a blockage in the line. The contractor was
notified and made the necessary repair which involved the removal
of part of the sanitary line replacement. Ail costs to the City
were reimbursed.
Several items regarding pool equipment have been raised
since the City began to maintain the pool. Generally, all
equipment is in good working condition and there is no reason to
close the pool to the general public the only exception when the
-32- 11/05/96
wading pool pump was broken). This particular pool was closed
for a couple of days until a replacement pump was installed.
Several claims have been made regarding the wading pool losing
excessive amounts of water. To date, staff has found no evidence
that this is a problem other than natural evaporation from this
type of shallow pool.
On Sunday, October 4th the main swimming pool and the
Pompey Park facility was closed due to a gasket rupturing in the
main chlorination pump. This was temporarily repaired and the
facility was reopened on Monday. An appropriate gasket was
ordered from the manufacturer who is located in Indiana, which is
the closest representative for this pump. On September 2nd, the
wading pool was closed due to the chlorine injector problem.
Commercial Energy Specialists were called in to evaluate the
problem and the necessary parts were ordered. Staff hand fed
chlorine into the wading pool. On September 20th the wading pool
was closed due to the delivery of incorrect injector parts. On
September 26th the wading pool was closed for a malfunction in
the chlorination pump after repair of the injector. On October
16th, CES installed the water chlorination pump and the other
pump was taken for repair. CES implied that the pump should be
covered under warranty since they just recently had repaired the
pump. (NOTE: Copy is attached hereto and made part of the
official records).
13.B. City Attorney.
The City Attorney had no comments or inquiries.
13.C. City Commission.
13.C.1. Mr. Egan stated that he had received several complaints
regarding train whistles. He asked if the City had an active
ordinance prohibiting train whistles during certain hours of the
day and night?
In response, the City Manager stated that there is an
ordinance in the books; however, it is a dead letter issue
because the Federal Railway Administration overrode all munici-
palities ordinances. He pointed out that the railroad is subject
to a fine in the approximate amount of $20,000.00 for violation
of the Federal Railway Administration. The City Manager noted
that the City could modify the crossings (totally close the
crossings; limit closings during the night; or, install four
gates (for both lanes of traffic). The estimated cost to the
City is $50,000.00 per crossing. The City Manager noted that
staff checked the history of accidents on the FEC Railroad and
found that there were significantly more accidents in those areas
which do not have nighttime whistles.
13.C.2.. Mr. Ellinqsworth stated that the Intergovernmental
Coordinating Council recently took action concerning the school
district. One of the main issues which resulted from their
-33- 11/05/96
meeting is the fact that the more efficient area schools become,
the less State funding they receive. In other words, if the
school district reduces its busing by 50%, the State will take
away its matching funds.
Mr. Ellingsworth suggested that Planning staff should
check into the possibility of designating medium density (12
units per acre) for the North Federal Highway Plan.
13.C.3. Ms. Kiselewski stated that the Site Plan Review and
Appearance Board has expressed concern regarding the City enve-
lope project and asked if the "sick building" issue was being
addressed?
In response, the City Manager reported this issue is
being investigated by City staff.
13.C.4. Mayor Alperin asked that an appointment be made for the
replacement alternate to the IPARC Issues Forum and requested
this appointment be placed on the agenda for the Commission's
Regular meeting of November 19, 1996.
There being no further business, Mayor Alperin declared
the meeting adjourned at 10:30 P.M.
~ -City' cler~
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 November 5,
1996, which minutes were formally approved and adopted by the
City Commission on ~~J~o /9~.
--- City ~ler~- / --- !
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.
-34- 11/05/96
DELI~AY f~EACH
~ t00 N.W. I$t .AVENU5 · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
· 0: Da~d
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Serviceability of Pompey Park Pool
DATE: November 4, 1996
Attached please find reports from Bill Hatcher, Pool Supervisor, and Jose
Aguila, Construction Manager, concerning the serviceability of the Pompey
Park Pool per Commissioner Randolph's request. Jose's report relates to
construction problems of the pool, and I asked Mr. Hatcher to report the
number of days the pool was completely or partially closed due to
mechanical problems.
Ko Weldon
D~r~ctor of Parks and Recreation
Attachments
JW:cp
Ref:dhpolprb
THE EFFORT ALWAYS MATTERS
'~ Pnnted on Recycled Pa,ocr
CITY OF DELRAY BEACH
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: Joe Weldon
Parks & Recreation Director
From: Jos~ Aguila,
Construction ManXger
Date: October 31, 1996
Subject: Pompey Park Pool & Bath House
Project No. 93-056
Per your request, following is a brief outline of the various problems we have been
working on since the pool was completed and accepted by the City.
The project was accepted as Substantially Complete on January. 18, 1996. This means
that other than punch list items, the facility can be used for its intended use. This was
about one week past Contract date. At this point, the contractor has thirty, (30) days to
bring the project to Final Completion. Since that time, several items have required
corrections, most have been resolved. Following is a list of the items which we have
been monitoring with the contractor.
~est wall staining
Sometime in March of this year, it was brought to my attention that the west wall had
some mst stain on it that was unsightly. I contacted the contractor and he made what he
thought was the necessary repair, Several months later, the stains reappeared and a more
intensive evaluation was made of the possible causes for the stain. Earlier this month, it
was determined that a broken water line was the cause. The line repair has been
completed and all necessary aesthetic repairs will be completed by tomorrow.
Divine. Plat. form & Rail(ng
In mid July it was brought to my attention that a comer of one diving platform had a
hairline crack and the railing was lose. I had several meetings with the architect, the
contractor and the pool contractor to discuss the cause and repair for the railings and was
assured by the contractor that the necessary repairs were scheduled. I just fotmd out this
week that in fact nothing has been done on this issue, and as a result, I sent the contractor
a letter warning that action against his bonding company was eminent should he not
complete the work within thirty days of my letter. This means that he has until the end of
November to complete the ;vork to our satisfaction.
&mita~ line blockage
Sine the beginning of the public use of the facility, we have been experiencing a sanitary
line back-up along the women's locker room area. Several attempts were made to clear
the tine, After several attempts, City crews placed a TV line in the sanitary line and
discovered a blockage. The contractor was notified and made the necessary repair which
involved the removal of part of the sanitary, line, and replacement. All costs to the City
were reimbursed. This repair caused the ~vomen's locker room to be closed to public use
for a couple of days.
Pool equipment
Several items on the pool equipment have been raised since the time the City. began to
maintain the equipment. I -am not up-to-date on all of them since they have been handled
by your staff. To my knowledge, all equipment is in working order and there have been
no cause to close the facility to the public. The only exception was the time when the
wading pool pump was broken and that particular pool was closed for a couple of days
until a replacement pump was installed. Also, I will mention that several claims have
been made regarding the wading pool losing an excessive amount of water. To-date there
has been no evidence that this is indeed a problem other than the natural evaporation
process of this shallow type pool.
Conclusfo n
Generally speaking, the project was a success and the users and staffare pleased with the
facility. A project of this type is expected to have problems from time to time and as
such, I am available to assist in the corrections when needed.~To my knowledge, there
have been no problems at the pool facility which have caused the facility to be closed to
the public. All repairs which I have been involved with were performed during normal
working hours with the facility open and operational. At this date the only remaining
item for resolution is the diving platform repair. I will continue to monitor the project
and will advise you of any problems.
cc: Para Post
William Greenwood///
File 93-056 (A)
s:\...\9356\crntstat
£1TY OF .DELAI:IY BEI:I£H
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
Ail-America City
1993
TO: Joe Weldon
Director of Parks and Recreation
FROM: William Hatcher
Pool Supervisor
SUBJECT: Pool Closings
DATE: October 25, 1996
The pools have been closed per the following schedule:
Sunday, August 4, 1996 - main pool & facility closed due to gasket
of main chlorination pump rupturing, spilling chlorine onto main
chlorine pump.
Follow-up: I purchased a tire repair kit and replaced the gasket
with a patch in order to open up on Monday. The Pool People
were called and they ordered the appropriate gasket from the
manufacturer in Indiana (this is the closest representative
for this pump).
Monday, September 2, 1996 - wading pool only closed due to chlorine
injector for wading pool found to be missing internal parts. I
tried to ascertain how this could have happened but was
unsuccessful.
Follow-up: I called Commercial Energy Specialists (CES) and ordered
parts for the injector. I hand fed chlorine into the wading
pool in order to open the wading pool for 2 weeks.
THE EFFORT ALWAYS MATTERS
2
Friday, September 20, 1996 - wading pool only closed due to delivery
of incorrect injector parts.
Follow-up: Incorrect parts were returned and correct parts ordered.
Thursday, September 26, 1996 - wading pool only closed due to
malfunctioning of chlorination pump after repair of injector
complete.
Follow-up: I called CES who had repaired the pump earlier and
requested a service call. On October 16, 1996 CES installed
a loaner chlorination pump, taking our pump to their shop for
repair. CES told me the repair work to be done should be
covered under warranty as they had just recently repaired
this pump.
William Hatcher
Pool Supervisor
WTH:cp
Ref:poolclos