01-25-94 JANUARY 25, 1994
A Regular Meeting of the City Commission of the City of
Delray Beach, Florida, was called to order by Mayor Thomas E.
Lynch in the Commission Chambers at City Hall at 6:00 P.M.,
Tuesday, January 25, 1994.
1, Roll call showed:
Present - Commissioner Jay Alperin
Commissioner Ken Ellingsworth
Commissioner David Randolph
Mayor Thomas E. Lynch
Absent - Commissioner Barbara Smith
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
2, The opening prayer was delivered by Reverend James
Atchinson, Church of the Palms.
3, The Pledge of Allegiance to the flag of the United
States of America was given.
4. Agenda Approval: Mayor Lynch stated that Item 8.S.
has been added to the Consent Agenda and pointed out that Item
8.K. has the following changes: Lift Station No. 86, Project No.
91-75.
Mr. Ellingsworth moved approval of the agenda as amend-
ed, seconded by Mr. Randolph. The Commission voted as follows:
Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes;
Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote.
Aooroval of Minutes:
Dr. Alperin moved approval of the Minutes of the Spe-
cial Meeting of January 4, 1994 and the Minutes of the Regular
Meeting of January 11, 1994, seconded by Mr. Randolph. The
Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth
- Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion
passed with a 4 to 0 vote.
6, Proclamations:
A. American History Month - Fsbruary 1994; Mayor
Lynch read and presented a proclamation proclaiming the month of
February, 1994 as American History month. Ms. Deborah Brenner,
Daughters of the American Revolution, came forward to accept the
Proclamation.
7, PresentatiQns:
7.A. Third Annual Holiday Toy Drive Committee - Perry
DonFrancisco and Officer Jeff Miller - Presentation ~o Parks and
R~crea~ion Depar~m~nt~
Officer Jeff Miller stated that several years ago he
and Perry DonFrancisco started the Annual Holiday Toy Drive for
the needy children of Delray Beach. Besides toys, the Committee
has been able to help raise money for the After School Care
Program, which would not have been possible if it were not for
the contribution of many residents and businesses within the
City. Officer Miller and Mr. DonFrancisco presented a check in
the amount of $1,507.50 to be used for the After School Program.
Mayor Lynch accepted the check on behalf of the City
and expressed appreciation to the Committee for the many hours
dedicated for helping the community.
Perry DonFrancisco thanked Officer Miller for his
devotion to this project and pointed out that Officer Miller was
recently honored as the City's Policeman of the Year in Crime
Prevention. He further pointed out that other members of the
City's.Police Department also had won this prestigious award:
Officer Scott, 1992; and, Officer Ross Licata won the award in
1991.
7.B. Carla Bryant. Project Manaqer - Visions West Atlantic:
Carla Bryant, Project Manager, emphasized that the
Visions West Atlantic Avenue Project is a community effort and
many residents have donated their time to its success. She then
introduced the following individuals who addressed the Commis-
sion.
Mrs. Elizabeth Westley, 309 Lincoln Lane, stated that
the Visions West Atlantic Avenue Team has completed its Phase I
by creating a vision and a design concept and the community is
ready to move forward to Phase II and they are in the process of
creating a Steering Committee who will work with City officials
and the Community Redevelopment Agency. She then highlighted
some ideas of what the citizens in this area would like to see
happen on Atlantic Avenue, such as mixed uses, a maximum two
story height, ~minimum relocation impact of ~residents, parking
· uses as a buffer ~between commercial and residential areas, an
. emphasis on. commercial development within a.150, ft. area with a
potential of commercial -parking within a 300 ft. boundary.
Reverend Thomas Sheppard, Pastor of St. Matthews Epis-
copal Church, stated that he was proud to be a participant of the
Committee, especially during a period of the City's All America
City award. He emphasized the need for the continuation of
Visions West Atlantic Avenue and expressed appreciation to the
C.R.A. for its participation and cooperation.
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Mayor Lynch congratulated Reverend Sheppard as the
recipient of the MADD Dads' award for Clergyman of the Year.
Mr. Randolph personally acknowledged appreciation to
Carla Bryant and her staff on their hard work and dedication.
Chris Brown, Executive Director, Community Redevelop-
ment Agency, stated that this particular project is probably one
of the most important programs that the C.R.A. has participated
in and expressed his appreciation to those residents and busi-
nesses that have contributed to the Visions West Atlantic Avenue
success for redevelopment.
8, Consent Agenda: City Manager Recommends Approval.
8.A. PALM BEACH COUNTY MUTUAL AID AGREEMENT: Approve a
Combined Mutual Aid Agreement with all Palm Beach County Law
Enforcement Agencies.
8,B. AUTHORIZATION FOR PALM BEACH COUNTY SUPERVISOR OF
ELECTIQN$/ FIRST NONPARTISAN ELECTION: Authorize Jackie Winches-
.~ter, ~Palm~Beach County Supervisor of Elections, to handle/canvass
the City's absentee ballots and represent the City's canvassing
board at L&A tests for the March 8, 1994, First Nonpartisan
Election.
$.C. ~PROVAL OF LIST OF POLLWORKERS FOR MUNICIPAL ELECTION;
Approve the list of pollworkers for the First Nonpartisan Elec-
tion on March 8, 1994, and direct the City Clerk to select a
sufficient number of clerks and inspectors from the list to work
during the election.
8,D. RESOLUTION NO. 12-94: A resolution authorizing the
acquisition of certain real property for the public purpose of
constructing S.W. 10th Avenue from Linton Boulevard to S.W. 10th
Street, finding that the acquisition is necessary for that pur-
pose, and authorizing the City Attorney to retain the services of
appraisers, experts in other disciplines and private counsel in
the event eminent domain proceedings are necessary.
The caption of Resolution No. 12-94 is as follows:
· A~ RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA¥ BEACH, FLORIDA,: AUTHORIZING
THE ACQUISITION OF CERTAIN REAL PROPERTY, AS
MORE PARTICULARLY DESCRIBED HEREIN, FOR THE
PUBLIC PURPOSE OF CONSTRUCTING SOUTHWEST 10TH
AVENUE FROM LINTON BOULEVARD TO SOUTHWEST
10TH STREET, FINDING THAT THE ACQUISITION OF
SAID PROPERTY IS REASONABLY NECESSARY FOR THE
CONSTRUCTION OF SOUTHWEST 10TH AVENUE, PRO-
VIDING THAT IN THE EVENT EMINENT DOMAIN
PROCEEDINGS ARE NECESSARY, THE CITY ATTORNEY
IS AUTHORIZED TO RETAIN THE SERVICES OF
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APPRAISERS, EXPERTS IN OTHER DISCIPLINES, AND
PRIVATE COUNSEL TO ASSIST THE~ CITY ATTORNEY
IN THIS MATTER; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
(Copy of Resolution No. 12-94 is on file in the offi-
cial Resolution Book)
8.E. FINAL PLAT APPRQVAL~CAUSEWAY LUMBER COMPANY: Approve
the final plat for Causeway Lumber, located on the north side of
West Atlantic Avenue, between Congress Avenue and the L.W.D.D.
E-4 Canal.
8.F, THIS ITEM HAS BEEN REMOVED FROM THE AGENDA,
8.G, REQUEST FOR FINAL PAyMENT/CH2M HIL~: Approve a request
from CH2M Hill for final payment in the amount of $15,205.00 for
consulting services for the Water Treatment Plant Lime Softening
Conversion Project; with funding from Water and Sewer Construc-
tion Fund - Engineering (Account No. 447-5164- 536-31.30).
8,H CHAN~E QRDER NO, ~ AND REQUEST FOR FINAL PAY-.
~MENT/CHARLES S. WHITESIDEo INC.: Approve Change Order No.
1/Final in the net deduct amount of $943.00 and a request from
Charles S. Whiteside, Inc. for final payment in the amount of
86,445.70 for the Pompey Park Tennis and Basketball Reconstruc-
tion Project; with funding from Community Development Block Grant
- Recreation Improvements (Account No. 118-1962-554-63.40).
8,I. REQUEST FQR FINAL PAYMENT/HOFFMAN'S AIR CONDITIONIN$,
INC,~ Approve a request from Hoffman's Air Conditioning, Inc.
for final payment in the amount of $2,775.00 for completion of
its part of the re-roofing project for various City buildings
(Pompey Park, Community Center and Beach Patrol facility); with
funding from General Construction Fund - Other Repair/Maintenance
(Account No. 334-6111-572- 46.90):
8.J, REOUEST FOR FINAL PAYMENT/HAZEN AND SAWYER, P.C.:
Approve a request from Hazen and Sawyer, P.C., for final payment
in the amount of $19,989.00 for consulting services provided
under Service Authorization No. 7 for water and sewer extensions
within former enclave areas; with funding from 1991 Water and
Sewer~ Bond~ Construction Fund - 'Enclave Water/Sanitary Sew-
er/Engineering (Account No..447-5175-536-31.30. '.
9.K. REOUEST FOR FINAL PAYMENT/~¢K~ER ENGINEERIN$; Approve
a request from Eckler Engineering for final payment in the amount
of $86.90 for consulting services provided under Service Author-
ization No. 3 relative to the rehabilitation of Lift Station 86,
Project 91-75; with funding from Water and Sewer Renewal & Re-
placement - Lift Station Conversion to Submersible (Account No.
442-5178-536-61.83).
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8.L. POLICY RE: NAMING STREETS IN HONOR OF INDIVIDUALS: ~
....Appr°ve a policy ~statement addressing the.subject of naming or
renaming streets in recognition of individuals.
8...M. RESOLUTION NO. 7-94: A resolution assessing costs for
abatement action required to demolish an unsafe structure at 309
SW 5th Avenue.
The caption of Resolution No. 7-94 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
CHAPTER 165, OF THE CODE OF ORDINANCES 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.
(Copy of Resolution No. 7-94 is on file in the official
Resolution Book)
8,N, RESOLUTION NO. 8-94~ A resolution assessing costs for
abatement action required to remove nuisances on seven (7) prop-
erties throughout the City. City Manager recommends approval.
The caption of Resolution No, 8-94 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
CHAPTER 100 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN LAND(S) LOCAT-
ED WITHIN THE CITY OF DELRAY BEACH AND PRO-
VIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY
~THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL
. ..C'OSTS~INCURRED BY THE. CITY TO ACCOMPLISH.SUCH
.ABATEMENT AND LEVYING THE COST OF~SUCH ABATE-
MENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST ON
ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR
UNPAID ASSESSMENTS.
(Copy of Resolution No. 8-94 is on file in official
Resolution Book)
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8,0., ~ RESOLUTION NO, 9-941 A resolution urging the rejection.
~ . .of!.PropOsed :Federal, legislation regarding the National- ~Flood
Insurance Program. '
The caption of Resolution No. 9-94 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, OPPOSING HOUSE
OF REPRESENTATIVES BILL 3191 AND SENATE BILL
1405 REGARDING THE NATIONAL FLOOD INSURANCE
REFORM ACT OF 1993 AS THEY ARE CURRENTLY
WORDED AND RECOMMENDING REVISIONS THERETO;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
(Copy of Resolution No. 9-94 is on file in the official
Resolution Book)
8,P. RESOLUTION.. NO, 11-94; A resolution declaring the
City's intent to seek reimbursement for certain capital expendi-
tures made with respect to the acquisition, construction and
equipping o.f the .Tennis Center Phase II project and the rehabili-
tation and reconstruction of Pompey Park Pool.
The caption of Resolution No. 11-94' is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, DECLARING THE
CITY OF DELRAY BEACH'S OFFICIAL INTENT TO
SEEK REIMBURSEMENT FOR CERTAIN CAPITAL EXPEN-
DITURES MADE WITH RESPECT TO THE ACQUISITION,
CONSTRUCTION AND EQUIPPING OF THE PHASE II
PROJECT FOR THE DELRAY BEACH TENNIS CENTER
AND WITH RESPECT TO REHABILITATION AND RECON-
STRUCTION OF THE CITY'S POMPEY PARK POOL FROM
THE PROCEEDS OF IT NOT TO EXCEED $810,000
UTILITIES TAX REVENUE NOTES, SUBORDINATE
SERIES 1993 AND PROVIDING FOR AN EFFECTIVE
DATE.
(Copy of Resolution No. 11-94 is on file in the offi-
cial Resolution Book).
· " ,~:8.Q. ~ i~ .~. CHANGE ORDER NO; 3 (FINAL CLOSEOUT)/HARDRIVES ASPHALT
CQMPANy; .Approve final closeout Change Order No. 3 in the net
deduct amount of $31,615.45 to the contract with Hardrives As-
phalt Company for the 1992 Street Resurfacing Program. Funding
source is Decade of Excellence Phase I - Street Reconstruction
(Account No. 225-3162-541-61.17).
8,R, AWARD OF BIDS AND 0QNTRACT$;
1. Bid Award - Air Conditioning Services and Repairs
Annual Contract - to Atlantic Refrigeration Corp. (low
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bidder) as primary contractor, and Aspen Air. Condition-.
ing Inc. (2nd low bidder) as backup-contractor,~ at an
estimated annual cost of $29,020.00; with funding~ from
various departmental equipment maintenance line items
on an "as needed" basis.
2. Bid Award - Copy Machine Maintenance - Annual
Contract in the amount of $12,996.00 to Danka Indus-
tries and $6,586.68 to AB Dick Products Company (total
estimated annual cost of $19,582.68); with funding from
various departmental equipment maintenance line items.
The following is an addendum.
8.S. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTION TAKEN JANUARy 20, 3994:
Ratify the action taken by the SCRWTD Board on the approval of a
contract with J & J Baker Enterprises, Inc., for sludge hauling.
Mr. Ellingsworth moved approval of the Consent Agenda,
as amended and corrected, seconded by Dr. Alperin. Upon roll
call the Commission voted as follows: Mr. Ellingsworth - Yes;
Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said
motion passed with a 4 to 0 vote.
9. Regular Agenda:
.9.A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARI-
OUS BOARDS: Consider accepting the actions and decisions made by
the Site Plan Review and Appearance Board and the Historic Pres-
ervation Board during the period January 10 to January 21, 1994.
Dr. Alperin moved to receive and file the report,
seconded Mr. Randolph. Upon roll call the Commission voted as
follows: Mr. Randolph - Yes; Dr. Alperin - Yes; Dr. Alperin -
Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0
vote.
At this point the Commission deferred consideration of Item 9.B.
to later on the agenda since the applicant had not yet arrived at
the meeting.
~'9.¢,' .~ PROPOSED ANNEXATION AGREEMENT WITH DELRAY SWAP SHOP~
~Review .of the annexation agreement-~concept.with Delray Swap Shop
owner, and'draft points to be addressed in the agreement.
Mr. David Kovacs, Planning Director, stated that his-
torically there has been controversy over the consideration of
the Swap Shop's annexation into the City since approximately
1986; however, the situation has cleared a bit since parking has
been prohibited along Dixie Highway. He stated that the owner of
the Swap Shop would like to reach an agreement which includes
some stipulations which will be reviewed by City staff. At the
next Commission meeting the Commission will consider the issue of
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the initiation of a small scale plan amendment to the Land Use
.Map~"and to initiate the zoning,~including~some enclaves'which are
located to the north. A public hearing will be held by the
Planning and Zoning Board on February 28th and on March 15th the
Board of County Commissioners will consider the annexation of
enclaves pursuant the execution of an interlocal agreement.
Mr. Kovacs presented the proposed stipulations as set
forth by the agreement and highlighted items of significance.
The Future Land Use Map reflects this property Commercial; the
zoning designation is GC (General Commercial); the property is
used as a Flea Market, which is allowed as a conditional use and
upon annexation, the use will be considered a legal conforming
conditional use; the intensity of the property will be allowed to
continue as it currently exists at its present location (identi-
fies parking areas for venders and public parking). Other items
will need to be addressed such as signage, minimum landscaping
requirements, occupational fees, etc.
Mr. Roger Saberson, Attorney, stated that he will
review the draft agreement with City staff and will come back at
a later date with an 'agreement that will be satisfying to all
concerned.
It was the consensus of the Commission to direct staff
to proceed with the concept agreement and the tentative schedule
for processing the annexation agreement.
9,D. RE$0LUTIQN NO, 10-94; Consider Resolution No. 10-94
which authorizes the City to purchase a 5.93 acre site from
Norman and Carolyn Blood at a total contract price of
$650,000.00, and which further accepts the Contract for Sale and
Purchase of Real Property, stating the terms and conditions for
the sale and purchase between the sellers and the City.
The City Manager presented Resolution No. 10-94:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE CITY TO PURCHASE FROM SELLER CERTAIN REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS
DESCRIBED HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE BETWEEN
THE SELLERS AND THE CITY OF DELRAY BEACH,
FLORIDA.
(Copy of Resolution No. 10-94 is on file in the offi-
cial Resolution Book)
Mr. Bob Barcinski, Assistant City Manager, stated that
this issue had been considered by the Commission during November,
1993. He pointed out that there are several items in the con-
tract document that need to be corrected and were brought to his
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attention by the. City Attorney. Mr. Barcinski presented a cost
analysis and emphasized that the estimates are. very rough,based
on,preliminary staff reports. The proposal is for the. City to
purchase the property for 8110,000 per acre. The School Board
closed on an amended contract for $107,500 per acre; and, neither
party will have closing costs. The School Board will receive
some off-site drainage considerations and the City is asking
provisions that the seller provide a lift station site and ease-
ments for water and sewer improvements, as well as for roadway
easements for the reconfiguration of Germantown Road. As a buyer,
the City will construct a master lift station and the force main
so that it will serve both the school site and will be utilized
by the remaining Blood's site as well as the adjoining proper-
ties.
Carol Stanley, representing the Blood Family, pointed
out that the City paid 8130,000 per acre for the property for
Fire Station #5. Her clients envisioned retirement age residents
coming into this area and not school age children.
Dr. Alperin stated that until the property is developed
there is no way,to, know.in advance whether development will ,be
directed toward retirement and/or a family type community and
that it was an assumption~ by the property owners that the land
should be valued higher. He further stated that he was .very
disturbed that the City is being asked to purchase the property
for $110,000 per ace, plus all the benefits of improvements. He
added that the City should not have to pay more than the School
Board and that the whole idea is beyond reality as the property
owner will be benefiting more by having the school and park
located there.
Mayor Lynch concurred with statements expressed by
Commissioner Alperin and that the City has worked very hard on
negotiations for this propertY and emphasized that it will be an
asset to all interested parties.
The City Manager pointed out according to the proposed
contract the seller will be responsible for the pro rata share of
the cost of building the Lift Station.
Mayor. Lynch suggested that the City Manager, staff and
,the~Att°rney ~representing the property owner meet to negotiate an
amiable amount~and then return to ,the Commission~for direction.
Mr. Ellingsworth moved to continue until such time that
negotiations are completed, second by Dr. Alperin. Upon roll
call the Commission voted as follows: Mayor Lynch - Yes; Dr.
Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said
motion passed with a 4 to 0 vote.
At this point the Commission then returned to Item 9.B.
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9,B, REQUEST FOR WAIVER QF PROCEDURAL REOUIREMENT/HESS
STATION AT MILITARY TRAIL~. Consider.a request.to waive a provi-
sion of Section 2.4.4(F) of the ~Land Development Regulations
which requires that a request for an extension of a development
approval be provided in writing within 45 days of the expiration
date.
Dennis Koehler, Attorney representing the Hess Station,
gave a lengthy presentation. He concluded that he was not asking
for a further time extension for site plan approvals and condi-
tional use request but only for the waiver of the 45 day notice
requirement.
Mr. Tim O'Conner, Site Developer, was also present but
did not address the Commission.
Mayor Lynch stated that he did not have a problem with
granting the request for the 45 days; however, warned that he
would be opposed to any future request for an extension of 18
months.
Mr.. ~ Ellingsworth moved for approval of the request,
seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr Randolph
- Yes; Mayor Lynch - Yes. Said motion passed with a 4 toO.vote.
At this point, the time being 7:00 P.M., the Commission
moved to the duly advertised Public Hearing portion of the agen-
da.
10, Public He~rings;
10~A. WAIVERS OF CITY ORDINANCES: Consider waiving certain
City ordinances in conjunction with the Virginia Slims Tennis
Tournament. City Attorney recommends approval.
The City Attorney explained that pursuant to City
ordinances certain waivers have been advertised for the upcoming
Virginia Slims for outdoor display of not screened satellite
dishes and for outdoor displays.
A .public hearing was held having been legally adver-
tised in Compliance with the. laws of the State of Florida and the
Charter. of ~the. City of Delray Beach, Florida. The'public hearing
was closed.
Dr. Alperin moved for approval, seconded by Mr. Ran-
dolph. Upon roll call the Commission voted as follows: Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr.
Alperin - Yes. Said motion passed with a 4 to 0 vote.
10.B, ORDINANCE NO, 8~-95: An ordinance amending Chapter 33,
"Police and Fire Departments", Subheading "Pensions", of the Code
of Ordinances of the City of Delray Beach, Florida, by creating
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new Sections 33.685, "Deferred Retirement Option Plan"; Section
33.687, "Early.Retirement Incentive"; .and Section 33.689, "Re-
tirement Benefit Enhancement" 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. 85-93:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 33, "POLICE AND FIRE DEPARTMENTS",
SUBHEADING "PENSIONS", OF THE CODE OF ORDI-
NANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY CREATING A NEW SECTION 33.685, "DEFERRED
RETIREMENT OPTION PLAN"; CREATING A NEW SEC-
TION 33.687, "EARLY RETIREMENT INCENTIVE";
CREATING A NEW SECTION 33.689, "RETIREMENT
BENEFIT ENHANCEMENT"; PROVIDING A VALIDITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 85-93 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 compl~i-
ance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida. The public hearing was closed.
Mr. Randolph moved for approval of Ordinance No. 85-93
on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon
roll call the Commission voted as follows: Mr. Randolph - Yes;
Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes.
Said motion passed with a 4 to 0 vote.
10.C. ORDINANCE NO. 1-94: An ordinance correcting the zoning
classification for a portion of the Public Works complex located
at the southeast corner of S.W. 4th Street and S.W. 4th Avenue
from R-lA (Single Family Residential) to CF (Community Facili-
ties). Planning and Zoning Board unanimously recommends approv-
al. 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. 1-94:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ZONING AND
PLACING LAND PRESENTLY ZONED R-lA (SINGLE
FAMILY RESIDENTIAL) DISTRICT IN CF (COMMUNITY
FACILITIES) DISTRICT; SAID LAND BEING LOCATED
AT THE SOUTHEAST CORNER OF THE INTERSECTION
OF S.W. 4TH STREET AND S.W. 4TH AVENUE; AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORI-
DA, 1993"; PROVIDING A GENERAL REPEALER
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CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
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.
Dr. Alperin moved for approval of Ordinance 1-94, on
Second and FINAL Hearing, seconded by Mr. Ellingsworth. Upon
roll call the Commission voted as follows: Mayor Lynch - Yes;
Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes.
Said motion passed with a 4 to 0 vote.
At this point, the Commission considered Item 11.
11. Comments and Inquiries on Non-Agenda Items from the
Public - Immediately following Public Hearings.
ll.A. City Manager'~ respon~ to prior public comments and
inquiries.
The City Manager responded to an inquiry relative ~to
the~status of compliance for a structure located at 1000 Lake Ida
Road. He pointed out that the property owner appeared before the
Code Enforcement Board on July 27, 1993 and was given 60 days
from August llth to make improvements to the property. On Octo-
ber 26th they were granted an extension for 30 days to November
5th. On January 10, 1993 another petition was submitted and the
Code Enforcement Board, on January llth granted another 30 day
extension to January 26th. So they presently have an extension
to February 25th. This involves exterior painting of the build-
ing and for the trash and garbage to be contained. Also, there
is a separate compliance underway for the minimum landscaping
requirements.
In response to an inquiry regarding the Newsrack Ordi-
nance, the City Manager stated that several newsracks located
along Lake Ida Road and A-1-A have been evaluated. Other
newracks will be evaluated on a complaint basis. The City is
working with the newspapers to get some technical matters
cleared.
The.City Manager responded to an inquiry ~regarding the
.~status~of the~landscaping project on Lake~ Ida ~Road.between Con-
gress Avenue and Military Trail. This project has been stopped
because Palm Beach County Engineering has indicated a concern
that the City was installing trees that would have to be removed
should the road be widened. The County has requested that the
City provide plans indicating the recently installed trees,
including proposed trees, along with a letter stating that the
City will be responsible for the removal of the trees in the
event that the road is widened in the future. He added that this
will be considered by the Commission at a later date.
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ll,B. CQmments and Inquiries on Non-Agenda Items from the
Public - Immediately following Public Hearing~.
ll.B.1. Lucius Simmons III, 2920 Dolphin Drive, commented that
it has been rumored there is property located in his neighborhood
that can be used for a park so that children would not need to
cross Lake Ida Road in order to get to Barwick Park. He would
like this looked into.
ll.B,2. Arthur Jackel, Chairman, United Property Owners, com-
plimented the City Commission for a good Town Hall meeting and
felt it was unfortunate that everyone could not have attended.
The United Property Owners are very concerned about the education
of the children in this City. He feels the future of the old
Carver Middle School has made it doubly important. He feels
Carver can help to control crime in the City and improve the
environment of our young people. Residents and City officials
are meeting with members of the School Board in February to
discuss goals and set new priorities. He feels this is a perfect
opportunity for City officials to lead the citizens of Delray and
indicateithose areas where the members of the community can be.~of
help. He does not feel it is necessary for the residents and
parents of the community to always agree with and accept what the
School Board suggests.
The Commission returned to First Readings, the Item 12.A.
12, First Readinqs:
12.A, ORDINANCE NO. 3-94: An ordinance amending Article 8.4,
"Public Improvements and Special Assessments", of the Land Devel-
opment Regulations to provide for special assessments for street
lighting, landscaping, dredging of canals and seawall construc-
tion or reconstruction, and providing for the inclusion of the
cost of landscaping and street lighting with sidewalk construc-
tion and seawall construction or reconstruction. If passed,
public hearing on February 8, 1994.
The caption of Ordinance No. 3-94 is as follows:
AN ORDINANCE OF THE CITY COMMISSION.OF. THE ~
CITY· OF. DELRAY BEACH, FLORIDA,, AMENDING
ARTICLE. 8.4, "PUBLIC·IMPROVEMENTS AND SPECIAL
ASSESSMENTS", OF THE~LAND DEVELOPMENT REGULA-
TIONS OF THE CITY OF DELRAY BEACH, FLORIDA,
BY AMENDING SECTION 8.4.1, "AUTHORITY TO MAKE
SPECIAL ASSESSMENTS; EXCEPTIONS", TO PROVIDE
FOR SPECIAL ASSESSMENTS FOR STREET LIGHTING,
LANDSCAPING, DREDGING OF CANALS AND SEAWALL
CONSTRUCTION OR RECONSTRUCTION; AMENDING
SECTION 8.4.4, "RESOLUTION OF NECESSITY RE-
QUIRED'', TO PROVIDE FOR THE INCLUSION OF THE
COST OF LANDSCAPING AND STREET LIGHTING WITH
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SIDEWALK ~CONSTRUCTION ~AND SEAWALL CONSTRUC-
TION OR RECONSTRUCTION; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(Copy of Ordinance No. 3-94 is on file in the official
Ordinance Book)
After brief discussion, Dr. Alperin moved for approval
of Ordinance No. 3-94 on First Reading, seconded by Mr.
Ellingsworth. Upon roll call the Commission voted as follows:
Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes;
Mayor Lynch - Yes. Said motion passed with a 4 - 0 vote.
The Commission returned to the Regular Agenda, Item 9.E.
~,E, TRANSFER OF INTEREST EARNINGS AND AUTHORIZE CITY MANAG-
ER TO APPRQVE FUTURE TRANSFERS; Approve transfer of interest
earnings in the total amount of $368,327.00, as follows:
$9,220.00 from 1991 Water and Sewer Revenue Bond Interest Earn-
ings (Account No. 447-0000-361-10.00) and $359,107.00 from Prior
~Years,.Surplus ~(Account No. 447,0000-301-47.00) to Morikami Park
- Land (Account No. 447-5176-536-60.11) and Enclave Water and
Sewer - Buildings (Account No. 447-5175-536-60.31); and authorize
City Manager to approve future transfers of interest earnings
from the 1991 Water and Sewer Revenue Bond Fund.
Mr. Ellingsworth moved for approval of the request as
recommended by the City Manager, seconded by Mr. Randolph. Upon
roll call the Commission voted as follows: Mr. Ellingsworth -
Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes.
Said motion passed with a 4 - 0 vote.
Continued discussion ensued on this issue with Mayor
Lynch stating that he felt the Commission should be responsible
for transferring such funds. Since there was one Commissioner
absent, Mayor Lynch suggested that the issue regarding future
transfers be postponed.
Mr. Randolph moved to postpone the consideration of the
authorization by the City Manager to approve future transfers of
.interest earnings,, seconded, by.Dr. Alperin. Upon roll.call the .
Commission..voted~,as~follows: Mr. Randolph- Yes; Mayor Lynch -
Yes;: Dr. Alperin - Yes;.Mr. Ellingsworth - Yes. Said vote passed
. by a 4 to 0 vote.
9.F, AMENDMENT TO MARKETING AGREEMENT/LIDDUN INTERNATIONAL:
Consider an amendment to the marketing agreement with Liddun
International to limit the agreement to a two year time frame in
order to assure tax exempt status for the bonds which will be
sold to fund the tennis center construction.
Dr. Alperin moved approval of the amendment to Market-
ing Agreement/Liddum International, seconded by Mr. Randolph.
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Upon~roll call the Commission voted as .follows: .~ Mayor ~Lynch -
Yes; Dr. Alperin ~- Yes; Mr. Ellingsworth - Yes; Mr. Randolph -
Yes. Said motion passed with a 4 to 0 vote.
9,G, CHANGE ORDER NO. 2/AMERICAN LIGHTING MAINTENANCE. INC.:
Consider Change Order No. 2 in the amount of $12,580.00 to the
Swinton Avenue Beautification Project contract with American
Lighting and Maintenance, Inc. for additional concrete work at
the Tennis Center - Phase II; with funding as follows: General
Construction Fund - Tennis Center Phase II (Account No.
334-4145-572-63.42) in the amount of $10,330.00; and Decade of
Excellence Phase I - West Atlantic Avenue Beautification/I-95 to
Swinton (Account No. 225-4141-572-61.49) in the amount of
$2,250.00 pending approval of concurrent budget transfer.
Mr. Ellingsworth moved for approval of Change Order No.
2/American Lighting Maintenance, Inc., seconded by Mr. Randolph.
Upon roll call the Commission voted as follows: Dr. Alperin -
Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch -
Yes. Said motion passed with a 4 to 0 vote.
9.H ....... CHANGE ORDER NO. I/TIGER CONSTRUCTION SERVICES,
Consider Change Order No. 1 in the amount of $29,683.64 to the
contract with Tiger Construction Services, Inc. for the Tropic
Harbor Condominium/Spanish Trail Drainage Improvements; with
funding as follows: 84,500.00 from General Construction Fund -
Streets (Account No. 334-3162-541-63.10); $3,532.64 from Water
and Sewer Renewal and Replacement - Water Distribution Improve-
ments (Account No. 442-5178-536-61.78); and 821,651.00 from
Stormwater Utility Fund - Tropic Harbor Drainage (Account No.
448-5411-538-63.32), pending approval of concurrent budget trans-
fer.
Mr. Randolph moved for approval of Change Order No.
I/Tiger Construction Services, Inc., with special emphasis on
those fees that were put out by the City, seconded by Dr.
Alperin. Upon roll call the Commission voted as follows: Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr.
Alperin - Yes. Said motion passed with a 4 to 0 vote.
9,I, AWARD OF CONTRACT/WENGER EXCAVATING, INC.; Consider
.award .o.f construction~contract to.Wenger Excavating,~Inc., as the
lowest .responsible. 'responsive bidder, in the .amount of
$919,020.75 for.Water~ and. Sewer Improvements~ for. Former Enclave
.~Areas- Phase:'II (Lake Heights ~and Gulfstream Subdivisions); with.
funding as follows: $884,837.00 from 1991 Water and Sewer Bond
Construction Fund-Enclave Water and Sewer Phase II (Account No.
447-5175-536-60.31) and $34,183.75 from Water and Sewer Renewal
and Replacement-Water Distribution Improvements (Account No.
442-5178-536-61.78).
Lengthy discussion ensued among Commission Members
relative to the policy regarding the acceptance of bids and and
licensing requirements.
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Mayor ~.Lynch felt that ~a contractor .should ask for a
~-waiVer priOr to the bidding process; thus, putting the Commission
in a sensitive position. He expressed concerned that by approv-
ing such requests would be setting a precedent.
Mr. Rick Giannetti, President of the Giannetti Con-
tracting Corporation, explained that it was his understanding
that when the bid was submitted there was a reciprocating agree
ment between the two counties (Broward and Palm Beach counties).
The corporation was awarded the low bid and was given the docu-
ments which were executed, with bonds and insurance provided. He
pointed out that he was only notified of this discrepancy on
Friday afternoon and attempted to contact the Licensing Board to
see why the reciprocation was not received; however, it is being
delayed because of the processing of paperwork. He emphasized
that the corporation has been operating in various counties
throughout the State of Florida since 1975 and that the corpora-
tion has had a Certificate of Competency for over fifteen years.
The City Manager suggested that staff check into the
matter and verify with the County that this was just an adminis-
~trative formality that Mr. Giannetti has to go through. ~Since~it
has been proven that everything else is satisfactory (bonds,
insurance, etc.), he did not foresee any problems with proceeding
with the award of contract.
Mr. Ellingsworth moved to approve the low bidder,
Giannetti Contracting Corporation, in the amount of $890,009.80
subject to staff's pending verification of compliance of licens-
ing requirements by Palm Beach County, seconded by Mr. Randolph.
Upon roll call the Commission voted as follows: Mr. Randolph -
Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth -
Yes. Said motion passed with a 4 to 0 vote.
At this time Commissioner Randolph left the Commission Chambers.
9.J. OFFER OF JUDGMENT/BOTHE VERSUS CITY OF DELRAY BEACH:
The City Attorney stated that there has been an offer
of judgment in the Bothe case in the amount of $39,999.99. She
pointed out that a memorandum dated January 20th provides techni-
~cal .requirements under-.the ~statue and rules ~which .provide for
~attorney's ~fees .should a jury award in the range of 25% of that
.number. She'recommended that the Commission reject this offer of
~udgment in the-amount of $39,999 because it is too high an
amount and recommended a counter judgment so that City Attorney's
fees would be covered.
Dr. Alperin moved to reject the offer of judgment and
counter offer 819,999, seconded by Mr. Ellingsworth. Upon roll
call the Commission voted as follows: Mayor Lynch - Yes; Dr.
Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a
3 to 0 vote.
-16- 1/25/94
.Commissioner Randolph returned to the Commission Chambers at this~
time
9,K, APPOINTMENT TQ THE PLANNING AND ZONING BOARD: Appoint
a member to the Planning and Zoning Board to fill an unexpired
term ending August 31, 1995:
Dr. Alperin moved for the appointment of Carolyn Young
to the Planning and Zoning Board to fill an unexpired term ending
August 31, 1995, seconded by Mr. Ellingsworth. Upon roll call
the Commission voted as follows: Dr. Alperin - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said
motion passed with a 4 to 0 vote.
13. Comments and Inquiries on Non-Agenda Items.
13~A,l~ Mr. Ellingsworth had no comments or inquiries.
13,A.2. Mrs. Smith had no comments or inquiries.
13,A,3. Mr. Randolph stated he received word from Joe Weldon,
Director of Parks and Recreation, that Palm Beach County approved
$170,000 for Pompey Park pool. The City Manager commented that
the City is awaiting the outcome of a $100,000 grant request from
the State and we will be in great shape if that is granted.
13.A.4. Mayor Lynch stated that he had been contacted by Waste
Management requesting that a meeting be scheduled to discuss fees
and tipping that have been an issue for a number of years. He is
recommending that the City Manager and the Finance Director meet
with Waste Management to get an idea of what they have in mind.
Mayor Lynch stated that the City is sending out 1099's
to corporations who do work for the City. The law does not
require that the City send these forms to corporations; however,
it is his understanding that it is still being done and he feels
it should be looked at and possibly discontinued.
Mayor Lynch commented that some time ago the Commission
discussed tall buildings. Some of the surrounding cities have
passed a catastrophe resolution to provide a means of rebuilding
due. to a natural.disaster. He questioned if the City has checked
into this or if anyone.is doing any research on this matter. The
City Manager responded that it is a part of the entire non-con-
.forming use issue that is being reviewed in Planning and Zoning.
Mr. Kovacs, Planning Director, stated it is planned as an item
that will be before the Commission for consideration at the March
worksession.
Mayor Lynch stated there has been a lot of discussion
concerning the issue of the Leadership Cablevision decision to
drop station WGN from its programming. In response to a request
for direction from the City Attorney, it is his feeling that
Leadership Cable should be approached with a request for any
-17- 1/25/94
available help that can be obtained for those citizens who would
like to have that station available again.
Mayor Lynch questioned if there was any progress made
on the windstorm problems of the tennis court. The City Attorney
replied that the response they were seeking did not come through
from the insurance company. At the current time, it does not
look fruitful.
Mayor Lynch stated that Daniella Henry has asked that a
letter be written on her behalf and requested permission from the
members of the Commission to go forward with the signing. The
Commission concurred.
13,A.5, Dr. Alperin commented that Carole Shetler, Principal of
Atlantic High School approached him at the Education Board meet-
ing last night and informed him that the State has approved
considerable expansion to the gym and facilities, particularly
the cafeteria. The School Board has chosen not to fund anything.
He feels this should be one of the points of discussion at the
upcoming meeting; this is just one more time that Delray is being
~shortchanged. It is his understanding that the present cafeteria
has a seating capacity of 300 people and there are 2100 students
attending the school. In addition, he understands that on many
occasions the restroom facilities are not only inadequate, but
are often not in working condition. Mayor Lynch stated that
staff has submitted a letter to Dr. Anderson, requesting that a
meeting be scheduled before the end of February, 1994, so hope-
fully that meeting will occur and be helpful in obtaining goals
the City is trying to achieve.
13,B.1. The City Attorney requested direction on WGN, as she
and Assistant City Manager Barcinski cannot get involved in
programming as far as a Regulatory matter, but she would like to
get an idea from the Commission as to their viewpoint. Mayor
Lynch expressed the feeling that if the citizens really are
interested, they should be given an option.
13.C.1. The City Manager commented that there is only one item
scheduled for the worksession to be held next week and it is not
completed as yet. He suggested that the worksession be cancelled
and ~requested that, should a.meeting be necessary, it can be
rescheduled.
By consensus of the Commission, the February
worksession was rescheduled to February 15, 1994.
Mayor Lynch reminded the Commission that the Tennis
Tournament will be in session at the time of the scheduled March
worksession. He suggested possibly selecting an alternate site
for that meeting. The first regular Commission meeting in March
has already been rescheduled to Wednesday, March 9, 1994, due to
the City Election.
-18- 1/25/94
Mayor Lynch declared the~meeting adjourned at 8:10 P.M.
City c~er~ '
ATTEST-
The undersigned is the City Clerk of the City of Delray
Beach and that the information provided herein is the minutes of
the meeting of said City Commission of January 25, 1994 which
minute~ were formally approved and adopted by the City Commission
on . Iqq .
/ ,
~' -~ity ~l~rk
NOTE TO READER:
If the minutes that you have received are not completed as indi-
cated above, then this means that these are not the official
minutes of the City Commission. They will become the official
minutes only after they have been reviewed and approved which may
involve some amendments, additions or deletions to the minutes as
set forth above.
-19- 1/25/94