11-19-96 NOVEMBER 19, 1996
A Regular Meeting of the City Commission of the City of
Delray Beach, Plorida, was called to order by Mayor Jay A1perin
in the Commission Chambers at City Hall at 6:00 P.M., Tuesday,
November 19, 1996.
Roll call showed:
Present - Commissioner Kevin Egan
Commissioner Ken Ellingsworth
Commissioner Karen Kiselewski
Commissioner David Randolph
Mayor Jay Alperin
Absent None
Also present were - Acting City Manager Robert A.
Barcinski and City Attorney
Susan A. Ruby
2. The opening prayer was delivered by Reverend Tim
Woodard, Church of the Palms.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
4. Aqenda Approval.
Mayor Alperin noted the addition of Item 8.R., Settle-
ment Offer/Lorraine Bonds V. City of Delray Beach, to the Consent
Agenda by addendum.
The City Attorney requested that Item 8.B., Access
Agreement for M&P Concrete Products, Inc. Property on Davis Road,
be deleted from the agenda.
The City Attorney asked that Item 8.I., Extension of
Closinq Date for Property at 17 N.W. 5th Avenue, be amended to
reflect an extension for the close of the sale through December
31, 1996, instead of a 60 day extension.
Mr. Ellingsworth moved to approved the agenda as
amended, 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.
5. Approval of Minutes:
Prior to approval of the minutes, Mayor Alperin noted
certain corrections to the spelling of names on page 14 of the
minutes of the Regular Meeting of November 5, 1996.
Mr. Randolph moved to approve the Minutes of the
Regular Meeting of November 5, 1996 as amended, 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.
Mr. Egan moved to approve the Minutes of the Special
Meeting of November 12, 1996, 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.
6. Proclamations:
6.A. Atlantic Avenue Beachside Re-opening Celebration
Mayor Alperin read and presented a proclamation in
recognition of the Atlantic Avenue Beachside reopening celebra-
tion, and invited everyone to come out for the ribbon cutting
ceremony scheduled for 10:30 a.m. on Saturday, November 23, 1996.
Ms. Susan Mustachi came forward to accept the proclamation.
7. Presentations: None.
8. CONSENT AGENDA: City Manager recommends approval.
8.A. FINAL PLAT APPROVAL/CORALINA VILLAGE: Approve the
final plat for Coralina Village, a proposed 12 lot townhouse
development. The subject property is located at the northwest
corner of Seagate Drive and Bucida Road and contains 1.34 acres.
8.B. THIS ITEM WAS DELETED FROM THE AGENDA.
8.C. ADDENDUM TO CONCEPTUAL APPROVAL AGREEMENT WITH FLORIDA
COMMUNITIES TRUST (FCT) FOR SANDOWAY HOUSE: Approve an addendum
to the Conceptual Approval Agreement between FCT and the City and
Palm Beach County, as FCT Recipient, extending the agreement
until May 8, 1997.
8.D. IN-LIEU OF PARKING FEE AGREEMENT/32 EAST RESTAURANT:
Approve an agreement with Bright Horizons Investment Corp. for
the payment and terms of an in-lieu of parking fee for 32 East
Restaurant, located on the south side of Atlantic Avenue between
Swinton Avenue and S.E. 1st Avenue.
8.E. FUNDING SUBSIDY/DELRAY BEACH RENAISSANCE PROGRAM:
Approve and authorize issuance of a funding subsidy in the amount
of $14,983.90 under the Delray Beach Renaissance Program for
property located on S.E. 3rd Avenue in the Osceola Park subdivi-
sion ($11,265.65 from HOME Account #118-1923-554-83.01 and
$3,718.25 from SHIP Account #118-1924-554-83.01) .
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8.F. AMENDMENT #1 TO DELRAY BEACH HOUSING RENAISSANCE
PROGRAM MEMORANDUM OF UNDERSTANDING/POLICIES AND PROCEDURES:
Approve Amendment #1 to the Memorandum of Understanding/Policies
and Procedures governing the Renaissance Program to increase the
maximum allowable subsidy award per household.
8.G. AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS/HOUSING
OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (HOPE, INC.): Approve
a funding agreement with HOPE, Inc. for the appropriation of
Community Development Block Grant funds pursuant to the Consoli-
dated Action Plan previously approved by the City Commission.
8.H. TEMPORARY USE PERMIT/NOMADS: Approve a request for a
temporary use permit from the South County Community Food Pantry
on behalf of the NOMADS to allow the group to park approximately
five RV's at the Catherine Strong Center property from approxi-
mately January 3 through 23, 1997, and provide temporary services
for water, sewer and electric.
8.I. EXTENSION OF CLOSING DATE FOR PROPERTY AT 17 N.W. 5TH
AVENUE: Approve a sixty {60) day extension to the closing date
for the sale of property at 17 N.W. 5th Avenue from the City to
the Community Redevelopment Agency. (Approved as amended to
reflect an extension to the closing date through December 31,
1996.)
8.J. ACCEPTANCE OF EASEMENT DEED/DELRAY PARK OF COMMERCE
TRACT "E": Accept an easement deed for a 12 foot wide utility
easement located within Tract "E", Delray Park of Commerce, for
the purpose of installing water and sewer main extensions to new
construction in the subdivision.
8.K. RESOLUTION NO. 81-96: Adopt a resolution assessing
costs for abatement action required to demolish an unsafe build-
ing at 802 S.W. 3rd Street.
The caption of Resolution No. 81-96 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, ASSESSING COSTS FOR ABATEMENT ACTION
REGARDING AN UNSAFE BUILDING ON LAND(S)
LOCATED WITHIN THE CITY OF DELRAY BEACH;
SETTING OUT ACTUAL COSTS INCURRED BY THE CITY
TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE
COST OF SUCH ACTION; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING
SAID LEVY TO BE a LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING
FOR THE MAILING OF NOTICE.
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(Copy of Resolution No. 81-96 is on file in the offi-
cial Resolution Book)
8.L. RESOLUTION NO. 82-96: Adopt a resolution assessing
costs for abatement action required to board-up unsafe structures
on property at 1030 Wallace Drive.
The caption of Resolution No. 82-96 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, ASSESSING COSTS FOR ABATEMENT ACTION
REGARDING AN UNSAFE BUILDING ON LAND(S)
LOCATED WITHIN THE CITY OF DELRAY BEACH;
SETTING OUT ACTUAL COSTS INCURRED BY THE CITY
TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE
COST OF SUCH ACTION; PROVIDING FOR AN EFFEC-
TIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR
UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING
OF NOTICE.
(Copy of Resolution No. 82-96 is on file in the offi-
cial Resolution Book)
8.M. RESOLUTION NO. 83-96: Adopt a resolution assessing
costs for abatement action required to remove nuisances on 18
properties throughout the City.
The caption of Resolution No. 83-96 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
CHAPTER 100 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN LAND(S)
LOCATED WITHIN THE CITY OF DELRAY BEACH AND
PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM-
PANY THE NOTICE OF ASSESSMENT; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOM-
PLISH SUCH ABATEMENT AND LEVYING THE COST OF
SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTER-
EST ON ASSESSMENTS; PROVIDING FOR THE RECORD-
ING OF THIS RESOLUTION, AND DECLARING SAID
LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY
FOR UNPAID ASSESSMENTS.
{Copy of Resolution No. 83-96 is on file in the offi-
cial Resolution Book)
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8.N. APPOINTMENT OF OUTSIDE COUNSEL/YOUNGINGER V. CITY OF
DELRAY BEACH AND OFFICER JACOBSON: Approve the appointment of
outside counsel as recommended by the City Attorney.
8.0. 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 November 4 through November 15, 1996.
8.P. SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN CITY,
COUNTY AND CRA REGARDING COURTHOUSE PROPERTY: Approve the Second
Amendment to the Interlocal Agreement between Palm Beach County,
the City and the Community Redevelopment Agency concerning the
future expansion of the South County Courthouse facilities,
subject to the City Manager's review.
8.Q. AWARD OF BIDS AND CONTRACTS:
1. Bid award via Palm Beach County co-op bid to
various vendors for chemicals and fertilizers, in
the estimated annual amount of $126,339.61 from
445-4714-572-52.26.
2. Purchase award via Florida Sheriff's Association
Cooperative Bid for the purchase of three new
vehicles for the Police Department/Marked Patrol
Division from Dan Reid Ford, Inc. in the amount of
$68,103.00, with funding from 001-2119-521-64.20.
8.R. SETTLEMENT OFFER/LORRAINE BONDS V. CITY OF DELRAY
BEACH: Approve a settlement offer in the referenced matter as
recommended by the City Attorney.
Mr. Ellingsworth moved to approve the Consent Agenda as
amended, seconded by Mr. Egan. Upon roll call the Commission
voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms.
Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said
motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. BONUS PAYMENT TO BJCE, INC. AND CONTRACT AMENDMENT:
Consider approval of a bonus payment in the amount of $10,000 to
BJCE, Inc. for FY 95/96, and approval of an amendment to the Golf
Course Management Agreement dated November 1, 1994, to revise
Exhibit "B", Performance Bonus, for FY 96/97. Funding is from
#445-4711-572-31.90.
Mr. Ellingsworth moved to approve a bonus payment in
the amount of $10,000 to BJCE, Inc. for FY 95/96, and an amend-
ment to the Golf Course Management Agreement dated November 1,
1994, which revises Exhibit "B", Performance Bonus, for FY 96/97,
seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan -
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Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion
passed with a 5 to 0 vote.
At this point, Mr. Dubin congratulated Mayor Alperin on
winning the annual Long Drive Contest with a drive of 242 yards
and presented him with the trophy in recognition of same.
9.B. TENNIS TOURNAMENT AGREEMENTS/UNITED STATES TENNIS
ASSOCIATION: Consider approval of three agreements with the
United States Tennis Association for tournaments at the municipal
tennis center in 1997, as follows:
1. Women's Satellite Tournament - January 5-11, 1997
2. Women's Satellite Tournament - January 12-18, 1997
3. Men's Challenger Series Tournament - September 20-28,
1997
The City Attorney explained that the City and the
United States Tennis Association have been unable to resolve
certain issues with respect to the insurance and indemnity
provisions contained in the contracts. As a result, it is
suggested that BJCE, Inc. be named in the contracts as promoter
for the events. Mr. Dubin would like to know that this concept
is acceptable to the City. There will be a separate agreement
between the City and BJCE, Inc. to cover any losses and also the
revenues, if any.
Mr. Egan moved to approve the concept outlined by the
City Attorney for all three of the tennis events, seconded by Mr.
Ellingsworth. 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.
At this point, Mr. Dubin reported that he had been
contacted by Palm Acts earlier this evening (5:50 p.m.) and it
was confirmed that there will be a concert on one of the follow-
ing three dates: January 25th, February 1st, or February 8th.
9.C. BID AWARD FOR STAGE EXPANSION AT TENNIS CENTER:
Consider approval of a bid award in the amount of $24,000 to
Southern Bleacher Construction Company, as sole source provider,
for a 20 ft. x 40 ft. stage expansion to the existing stage at
the tennis center, with funding from 334-4145-572-63.43.
Mr. Egan moved to approve the bid award in the amount
of $24,000 to Southern Bleacher Construction Company, as sole
source provider, for stage expansion at the tennis center,
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.
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9.D. AMENDMENT ~2 TO SOLID WASTE AND RECYCLING COLLECTION
AGREEMENT WITH BFI: Consider an amendment to the contract with
Browning-Ferris Industries of Florida, Inc. to modify the type of
service and rate structure for the Country Manors, Imperial
Villas and High Point subdivisions, and to clarify that all
rolloff compactors serving multi-family units are covered under
the agreement.
Mr. Randolph moved to approve Amendment #2 to the Solid
Waste and Recycling Collection Franchise Agreement with BFI,
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. ALLOCATION OF CITY GRANT FUNDS TO CHARITABLE AND
BENEVOLENT ORGANIZATIONS FOR FY 1996/97: Consider approval of
the recommended funding allocations to benevolent and charitable
organizations from the Miscellaneous Grant account and special
event funding from the City Commission account.
David Ptak, representing Orchard View Elementary
School, explained that Orchard View's request for $500 in funding
for their safety patrol trip had somehow been overlooked this
year and he asked that the Commission consider including this
request in the allocation approval.
Mr. Barcinski noted that the current recommendation
includes $1,000 for safety patrol trips based on the two requests
which were received from Pine Grove and Spady Elementary Schools.
If the Commission wishes to include Orchard View, there is a
contingency line item from which the money could be allocated.
Mr. Egan moved to approve the allocation of funds as
recommended by staff from the Miscellaneous Grant account and the
City Commission Special Event account, as amended to include a
$500 allocation for Orchard View Elementary School's safety
patrol trip to be taken from the contingency line item; seconded
by Mr. Ellingsworth. 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.F. AGREEMENT WITH DELRAY BEACH HOUSING AUTHORITY: Consid-
er approval of an agreement between the City and the Delray Beach
Housing Authority for administrative and management services.
The City Attorney explained that the agreement provides
that the City will provide an executive director to the Housing
Authority who will be a City employee, but who will work for and
be under the direction of the Housing Authority Board. The
Housing Authority will pay one hundred percent of the cost of
this position to the City. The agreement further provides that
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the City will set up certain administrative processes for a
one-time fee of $5,600.00 and if the Housing Authority subse-
quently decides to contract for accounting and fiscal management
services, a monthly service fee of $4,000.00 per month offset by
the one time administrative charge will be paid to the City. Ms.
Ruby further noted that the agreement will also have to be
approved by the U.S. Department of Housing and Urban Development
(HUD) .
Lula Butler, Director of Community Improvement, report-
ed that the Delray Beach Housing Authority approved the agreement
this morning. HUD staff is being invited to the Housing Authori-
ty's regular meeting in December for a presentation from the
Authority and the City on this agreement.
Mr. Ellingsworth commented on the memo received this
evening indicating that the Housing Authority Board vacancy would
be scheduled for the Commission's December 10th meeting. In view
of the circumstances and the desirability of having a full
Housing Authority Board seated at the time of the presentation to
HUD, Mr. Ellingsworth suggested that the appointment be moved up
to the Commission's December 3rd meeting. The Commission con-
curred to move the Delray Beach Housing Authority appointment to
the December 3, 1996, regular meeting.
Mr. Ellingsworth moved to approve the Agreement for
Administrative and Management Services between the City and the
Delray Beach Housing Authority, 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.G. ISSUES FORUM REPRESENTATION/APPOINTMENT OF ALTERNATE:
Appoint an alternate representative to the Intergovernmental
Coordination Program's Issues Forum.
Mayor Alperin recommended Mr. Ellingsworth as the
alternate representative to the Intergovernmental Coordination
Program's Issues Forum.
Mr. Randolph moved to appoint Mr. Ellingsworth as the
alternate representative to the Intergovernmental Coordination
Program's Issues Forum, seconded by Mr. Egan. Upon roll call the
Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan -
Yes; Mr. Ellingsworth - No; Mr. Randolph - Yes; Mayor Alperin -
Yes. Said motion passed with a 4 to 1 vote.
At this point, the Commission moved to the First
Readings portion of the agenda.
12. FIRST READINGS:
12.A. ORDINANCE NO. 56-96: An ordinance changing the Future
Land Use Map (FLUM) designation from Community Facilities -
8 11/19/96
Recreation to Commercial Core (small scale amendment) and rezon-
ing from CF (Community Facilities) to CBD (Central Business
District) for a parcel of land located at the northwest corner of
S.E. 1st Street and 3rd Avenue. If passed, a quasi-judicial/
public hearing will be held December 3, 1996.
The City Manager presented Ordinance No. 56-96:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CHANGING THE
FUTURE LAND USE MAP DESIGNATION FROM COMMUNI-
TY FACILITIES - RECREATION TO COMMERCIAL
CORE, AND REZONING FROM CF (COMMUNITY FACILI-
TIES) DISTRICT TO CBD (CENTRAL BUSINESS
DISTRICT), FOR A PORTION OF BLOCK 85 LYING
EAST OF THE FLORIDA EAST COAST RAILWAY AT THE
NORTHWEST CORNER OF S.E. 1ST STREET AND S.E.
3RD AVENUE, AS THE SAME IS MORE PARTICULARLY
DESCRIBED HEREIN; ELECTING TO PROCEED UNDER
THE SINGLE HEARING ADOPTION PROCESS FOR SMALL
SCALE LAND USE PLAN AMENDMENTS; AND 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. Egan moved to approve Ordinance No. 56-96 on FIRST
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.
12.B. ORDINANCE NO. 57-96: An ordinance designating The
Sandoway House, located at 142 South Ocean Boulevard, as a local
historic site. If passed, public hearing December 3, 1996.
The City Manager presented Ordinance No. 57-96:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, DESIGNATING
THE SANDOWAY HOUSE, LOCATED AT 142 SOUTH
OCEAN BOULEVARD, AS MORE PARTICULARLY
DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE;
PROVIDING FOR THE AMENDMENT OF THE "ZONING
MAP OF DELRAY BEACH, FLORIDA, 1994" TO SHOW
THE HISTORIC DESIGNATION IN AN OVERLAY
MANNER; 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. 57-96
on FIRST Reading, seconded by Mr. Egan. Upon roll call the
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Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran-
dolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan
- Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Com-
ments and Inquiries on Non-Agenda Items.
11. Comments and Inquiries on Non-Agenda Items from the
Public - Immediately following Public Hearings.
11.A. City Manager's response to prior public comments and
inquiries.
None.
11.B. From the Public.
11.B.1. Gerald Filippi, Vice President of the Board of Direc-
tors for High Point Section 4, expressed concern about an over-
grown ficus hedge within the Chateau Wood development abutting
High Point Section 4. He inquired as to the responsibility of
the Chateau Wood Homeowners Association for the trimming and
maintenance of the hedge and trees. Mr. Filippi presented a
letter concerning the situation to Mr. Barcinski (a copy of which
is attached hereto and made a part hereof) and requested someone
look into the matter.
Mr. Barcinski stated he would refer the matter to Lula
Butler, Director of Community Improvement.
11.B.2. Helen Coopersmith, 1222-D South Drive Way, discussed a
situation occurring in the various sections of High Point where a
telecommunications company by the name of "OCTEL" has been
offering cable service to residents. She asked if and how this
would be affected by the City's franchise agreement with Adelphia
and if Octel would be permitted to install the smaller satellite
dishes if the residents wanted to receive that service?
The City Attorney responded that the City does have an
ordinance regarding satellite dishes. However, due to recent
changes in telecommunications laws, there are some things which
the City cannot enforce. As for service from another telecommu-
nications company such as Octel, while she did not know exactly
what they are proposing, Ms. Ruby stated that if the company is
not using the City's rights-of-way, then the company could
provide service. There is no violation of City ordinances if
they do that, just as long as the company is not using public
rights-of-way. If the company wants to use public rights-of-way,
they must enter into a franchise agreement with the City. As for
the discs or satellite dishes, there is not much that the City
can do now to regulate them.
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Mayor Alperin explained to Ms. Coopersmith that this is
not a Commission issue and that she would need to seek outside
legal advise.
At this point, the time being 6:50 p.m., the Commission
called a recess. The Commission reconvened at 7:00 p.m. for the
duly advertised public hearings portion of the agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 51-96: QUASI-JUDICIAL HEARING An
ordinance adopting Comprehensive Plan Amendment 96-1A related to
the North Federal Highway redevelopment area. The amendment
includes:
1. Future Land Use Element text amendment to change
the description of the General Commercial land use
category to allow for limited light industrial
uses within the geographic area bounded on the
west by Dixie Highway, on the east by North
Federal Highway, between Lake Avenue (N.E. 14th
Street) and the north City limits.
2. Future Land Use Element text amendment to clarify
the description of the North Federal Highway
corridor.
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; PROVID-
ING 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)
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.
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The City Clerk swore in those individuals who wished to
give testimony on this item.
Diane Dominguez, Planning Director, stated that Amend-
ment 96-1A includes changes to the language in the Future Land
Use Element related to the North Federal Highway area. She noted
that Commissioner Kiselewski had identified an inconsistency in
the description of the general commercial area on page 2 of the
exhibit to the ordinance, and distributed an updated copy to the
Commission.
Amendment 96-1A includes two text amendments to the
Future Land Use Element. The first one changes the description
of the eastern boundary of the study area for North Federal
Highway. Currently, the eastern boundary is described as the
Intracoastal Waterway. It should correctly be identified as the
eastern boundary of the CRA. The second change makes the changes
in the general commercial land use description to allow for the
light industrial overlay to be applied to the defined geographic
area.
At the Planning and Zoning Board meeting of October 28,
1996, the vote was split 3 to 3 because it included the high
density provisions. The Board was supportive of the light
industrial overlay district.
There being no one from the public who wished to give
testimony on this item, Mayor Alperin declared the public hearing
closed.
Discussion by the Commission ensued.
Mr. Ellingsworth asked for clarification regarding the
provision for increases in permitted residential densities
adjacent to the Intracoastal Waterway. In response, Ms. Domin-
guez explained that the zoning on the Yake property is split;
part of it is RL and part is RM. There will probably be a
recommendation that the property be rezoned so that it is all RM,
which would allow a density of up to 12 units per acre.
Secondly, Mr. Ellingsworth inquired about extending the
industrial overlay district south to the shopping center just
south of 14th Street. Ms. Dominguez stated that the shopping
center would not work for industrial uses and was not considered
for inclusion in the overlay district.
Mr. Egan moved to adopt Ordinance No. 51-96 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. Egan - Yes; Mr. Elling-
sworth - Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 53-96 (SECOND READING AND SECOND PUBLIC
HEARING): An ordinance amending LDR Section 4.4.9, "General
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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. Prior to consideration of passage of this ordinance on
Second Reading and Second Public Hearing, a public hearing has
been scheduled to be held at this time.
The City Manager presented Ordinance No. 53-96:
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)
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.
Ms. Dominguez, Planning Director, clarified that the
ordinance will be amended to include the addition of sub-items
(4) and (5) under Section 4.4.9(G) (2) (b) on page 2 of the ordi-
nance. These read: (4) Orient overhead doors away from adjacent
rights-of-way, except where existing, or where the approving body
determines that it is not feasible to comply; and (5) Along the
property line adjacent to Dixie Highway, provide a landscape
buffer consisting of a 4' high hedge, and trees planted 25 feet
on center to form a solid tree line. These are changes that were
made as comments were made throughout the first public hearing at
the Commission meeting of November 5, 1996, as well as at the
Planning and Zoning Board public hearing on October 28, 1996.
After discussion, Mr. Randolph moved to adopt Ordinance
No. 53-96 on Second and FINAL Reading, as amended to include
sub-items (4) and (5) in Section 2., 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.
-13- 11/19/96
10.C. 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. 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-JUDI-
CIAL HEARING
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. 5TH 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.
(Copy of Ordinance No. 48-96 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 into the
record the Planning and Zoning Department's file on this project
and a listing of pertinent documents.
There being no one from the public who wished to give
testimony on this item, Mayor Alperin declared the public hearing
closed.
Mr. Randolph moved to adopt Ordinance No. 48-96 on
Second and FINAL Reading, 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.
-14- 11/19/96
10.D. ORDINANCE NO. 49-96: An ordinance annexing a 5.32 acre
parcel of land known as the Rosacker property, located on the
west side of Gallagher Road at the end of Brady Boulevard;
establishing initial zoning of CF (Community Facilities) Dis-
trict, and providing for a Small Scale 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.
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. 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 GALLAGHER 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 OF LOW
DENSITY RESIDENTIAL 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 AMENDMENTS; PROVIDING FOR
THE ZONING THEREOF TO CF (COMMUNITY FACILI-
TIES) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(Copy of Ordinance No. 49-96 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.
Roqer Saberson, attorney representing the property
owners, stated that he was available to answer any questions.
-15- 11/19/96
Diane Dominguez, Planning Director, entered into the
record the Planning and Zoning Department's file on this project
and a listing of pertinent documents.
There being no one else who wished to address the
Commission, Mayor Alperin declared the public hearing closed.
Mr. Ellingsworth moved to adopt Ordinance No. 49-96 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.E. 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
that Country Manors, Imperial Villas and High Point subdivisions
shall have curbside disposable bag service with vegetative and
bulk trash pickup; 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 residential or multi-family units are included under the
franchise agreement. 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. 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 CLARIFICATION; BY
-16- 11/19/96
AMENDING SECTION 51.18, "TYPES OF SERVICES
PROVIDED FOR PICKING UP GARBAGE AND TRASH",
TO PROVIDE CLARIFICATION AND PROVIDING THAT
THE SUBDIVISION OF SPANISH WELLS SHALL
RECEIVE REAR-DOOR/SIDE-DOOR SERVICE AND TO
PROVIDE FOR A CURBSIDE DISPOSABLE BAG SERVICE
WITH VEGETATIVE AND BULK PICKUP; BY AMENDING
SECTION 51.37, "USE OF OTHER UNITS AND
CONTAINERS" TO PROVIDE FOR COLLECTION OF
ROLLOFF COMPACTORS FOR RESIDENTIAL UNITS; BY
AMENDING SECTION 51.70,"REGULAR CHARGES
LEVIED" TO PROVIDE A RATE FOR THE CURBSIDE
DISPOSABLE BAG SERVICE WITH VEGETATIVE AND
BULK PICKUP; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(Copy of Ordinance No. 55-96 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.
Bernard Lillenstein, President of High Point Section
IV, expressed appreciation for the effort put forth by the
Commission and staff with respect to this amendment to the
garbage ordinance. Concerning the effective date of the ordi-
nance, Mr. Lillenstein stated that he had been assured by Mr.
Safford that the rates would be retroactive to October 1, 1996,
not the day the ordinance is approved. He urged the Commission
to consider making an adjustment to reflect that the garbage
rates will be retroactive to October 1, 1996.
Joe Safford, Finance Director, stated that in all
fairness he feels an adjustment should be made to reflect such.
The public hearing was closed.
Ms. Kiselewski moved to adopt Ordinance No. 55-96 on
Second and FINAL Reading, with the caveat that the rate for High
Point subdivision shall be retroactive to October 1, 1996,
seconded by Mr. Randolph. 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.
10.F. 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. Prior to
-17- 11/19/96
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. 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; DESIGNATING 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.
(Copy of Ordinance No. 50-96 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.
Alice Finst, 707 Place Tavant, stated that it seems to
be unfair that the ordinance contains no retroactive considera-
tion for people who have already made improvements to their
properties. Also, she felt there should be some mechanism to
limit certain landscaping in the front yards and cited Swinton
Avenue as a prime example of where outstanding historical houses
are disappearing behind hedges. Ms. Finst also felt there should
be a cap on the amount that can be exempted. Overall, Ms. Finst
felt this to be a good ordinance and hoped that it would serve as
an encouragement to people to restore and maintain historic
properties.
Michael Solari, 515 Seagate Drive, suggested that a cap
be imposed on a percentage basis rather than a dollar amount;
perhaps a percentage of the current assessed value of the current
year so that the ordinance does not have to be changed year after
year.
The public hearing was closed.
Mr. Ellingsworth moved to adopt Ordinance No. 50-96 on
Second and FINAL Reading as written, seconded by Mr. Egan. Upon
-18- 11/19/96
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.
13. Comments and Inc[ulries on Non-Aqenda Items.
13.A. City Manaqer
Robert A. Barcinski, Acting City Manager, thanked the
City Manager for an easy agenda. In addition, Mr. Barcinski
stated that the City has received a plaque in appreciation for
commitment and support of the "Hoop It Up" tournament.
13.B. City Attorney
The City Attorney had no comments or inquiries.
13.C. City Commission
13.C.1. Ms. Kiselewski
Ms. Kiselewski inquired about the status of the weekend
gatherings at the Catherine Strong Center.
Ms. Kiselewski inquired about the effects of the recent
wind storm on the beach and asked if a damage assessment had been
done?
With respect to the impacts of the Telecommunications
Act, Ms. Kiselewski commented that more issues will be coming up
and it would be a good idea for the City to get pro-active on how
they will be handled.
13.C.2. Mr. Egan
Mr. Egan had no comments or inquiries.
13.C.3. Mr. Randolph
Mr. Randolph had no comments or inquiries.
13.C.4. Mr. Ellingsworth
Mr. Ellingsworth commented that while reviewing the
nuisance abatements on tonight's agenda, he noticed that thirteen
out of eighteen properties are out of town owners. He feels
staff is doing a good job in this particular area.
13.C.5. Mayor Alperin
Mayor Alperin expressed concern about BFI's performance
and stated that his garbage has only been collected once since
BFI took over the garbage collection for the City. He has also
received many complaints from other people. He felt the City
-19- 11/19/96
needs to get after BFI and let them know that the City of Delray
Beach is not receiving the quality service that was promised.
There being no further business, Mayor Alperin declared
the meeting adjourned at 7:45 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 November 19,
1996, which minutes were formally approved and adopted by the
City Commission on
NOTE TO RE~BR:
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.
-20- 11/19/96
HIGH POINT OF DEL-RAY
CONDOMINIUM ASSOCIATION - SECTION IV lNG,
824 CLUB DRIVE
DELRAY EtEACH, FLORIDA 33445
November 16, 1996
Ms. Nancy Davila
City Horticulturist
Special Projects Co-Ordinator
City of Delray Beach
101 N.W. First Ave.
Delray Beach, Fl. 33444
Dear Ms. Davila:
We call your attention to an apparent misunder-
standing on the part of the Chateau Wood Homeowners Association
as to their responsibility in regard to the trimming and main-
taining of the ficus hedge and trees abutting High Point Section
4 since the developer planted the trees and ficus bushes behind
the fence on their property.
Our records indicate that in Nov. 1986 the site
plan filed by the developer Westbury Homes, called for a 6 foot
chain link fence atop a 3 foot berm and landscaping in back of
the fence. At that time, Mr. Bernard Lillenstein, President of
Section 4 High Point and I were shown this site plan by Jasmine
Taylor in P & Z. Stan Weiden was Acting Planning Director.
The landscaping was maintained by the developer
and subsequently by the Chateau Wood Homeowners Association.
About 6 months ago we noticed a lack of attention. We wrote
to J. Salerno who was President, per letter attached and called
several times. We learned Mr. Salerno was no longer President
so we addressed the next letter on November 7 to the new Presi-
dent, Mr. David Cadena, copy enclosed. We had no response from
Mr. Cadena, but we have received a call from Mr. Miller who
represents the management firm of Residential Management Concept.
He stated he reviewed the P & Z documents for this development
and indicated Chateau Wood had no obligation to care for the hedge.
We enclose a High Point Plat planand have indi-
cated the area under discussion in the upper left hand corner.
Bushes and trees are badly overgrown and unsightly and need
immediate attention. Motorists proceeding West on North Drive
are not able to see the "stop sign" at Circle Dr. At night the
F.P.L. post light is partially blocked preventing proper
illumination of the road.
HIGH POINT OF DELRAY
CONDOMINIUM ASSOCIATION - SECTION IV IN(:::,
824 CLUB DELVE
DELI~AY BEACH, FLORIDA 33445
Ms. Nancy Davila -2- November 16, 1996
We would appreciate your calling the writer
to make an appointment so we can show your inspector the
area which needs attention.
Very truly yours,
Board of Directors
Gerald A. Filippi, Vice-Pres.
Phone: 272-2886
F:r
Encl.
P.S. If I am not available, please contact Bernard Lillenstein,
President. Phone: 272-5822
Copy to: Mr. David Harden
City Manager
City of Delray Beach
101 N.W. First Ave.
Delray Beach, Fl. 33444