07-13-93 JULY 13. 1993
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 6:05 p.m. on
Tuesday, July 13, 1993.
1. Roll call showed:
Present - Commissioner Jay Alperin
Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner Barbara Smith
Mayor Thomas E. Lynch
Absent - None
Also present were - City Manager David T. Harden and
Asst. City Attorney David Tolces
2. The opening prayer was delivered by Reverend Richard
Evans of Abbey Delray South.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
4, Mayor Lynch noted the addition of Item 9.V., Resolution
No. 72-93, to the agenda by addendum.
Dr. Alperin moved approval of the agenda with the
addendum as noted, seconded by Mr. Ellingsworth. Upon roll call
the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin -
Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch -
Yes. Said motion passed with a 5 to 0 vote.
Dr. Alperin moved approval of the Special Meeting
minutes of June 17, 1993, the Regular Meeting minutes of June 22,
1993, and the Special Meeting minutes of July 6, 1993, seconded
by Mr. Ellingsworth. Upon roll call the Commission voted as
follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph
- Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed
with a 5 to 0 vote.
6. Proclamations.
6,A. Dr. Alperin read a proclamation in recognition of "To
Tell The Truth: America Speaks Out About Incest and Sexual
Abuse", an event to occur nationally on August 1, 1993. Mayor
Lynch presented the proclamation to Ms. Denise Rogers, local
Co-Chairperson, who came forward to accept the proclamation and
invited everyone to attend a public awareness and support session
to be held at Palm Beach Community College on Sunday, August 1,
1993.
6.B, Mr. Randolph read a proclamation proclaiming July,
1993, as Parks and Recreation Month in Delray Beach. Joe Dragon,
Assistant Director of Parks and Recreation, came forward to
accept the proclamation which was presented by Mayor Lynch on
behalf of the City Commission.
7, Presentations,
7,A, Resolution No. 68-93: Recognizing and commending Nancy
G. Roti for over twenty-one years of dedicated service to the
City of Delray Beach.
The City Manager presented Resolution No. 68-93:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING
NANCY G. ROTI FOR OVER TWENTY-ONE YEARS OF DEDI-
CATED SERVICE TO THE CITY OF DELRAY BEACH.
(Copy of Resolution No. 68-93 is on file in the offi-
cial Resolution Book).
Mayor Lynch read the Resolution in its entirety.
Dr. Alperin moved for the adoption of Resolution No.
68-93, seconded by Mr. Ellingsworth. Upon roll call the Commis-
sion voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph -
Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes.
Said motion passed with a 5 to 0 vote.
Mayor Lynch, on behalf of the City Commission, present-
ed the resolution to Ms. Roti and expressed sincere thanks and
appreciation for her many years of dedicated service.
7,B~ Rg$olutiQn NO. 69-95: Recognizing and commending Susan
H. Morrison for twenty years of dedicated service to the City of
Delray Beach.
The City Manager presented Resolution No. 69-93:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING
SUSAN H. MORRISON FOR TWENTY YEARS OF DEDICATED
SERVICE TO THE CITY OF DELRAY BEACH.
(Copy of Resolution No. 69-93 is on file in the offi-
cial Resolution Book).
Mayor Lynch read the Resolution in its entirety.
Mr. Ellingsworth moved for the adoption of Resolution
No. 69-93, seconded by Mr. Randolph. Upon roll call the Commis-
sion voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes;
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Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes.
Said motion passed with a 5 to 0 vote.
Mayor Lynch, on behalf of the City Commission, present-
ed the resolution to Ms. Morrison and expressed sincere thanks
and appreciation for her many years of dedicated service.
8. CONSENT AGENDA, (City Manager recommends approval.)
8,A. Resolution No. 70-93: A resolution authorizing the
City to donate one 1989 Ford Crown Victoria police car to MAD
DADS.
The caption of Resolution No. 70-93 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA¥ BEACH, FLORIDA, AUTHORIZING THE CITY TO
DONATE ONE 1989 FORD CROWN VICTORIA, V.I.N.
%2FABP72F6KX172929, MILEAGE 74,865, TO MAD DADS OF
GREATER DELRAY BEACH.
(Copy of Resolution No. 70-93 is on file in the offi-
cial Resolution Book)
8.B. InterlQcal Agreement with P~lm Bsa~h County: Approve
an interlocal agreement with Palm Beach County for joint partici-
pation in the West Atlantic Avenue Improvements Project from 1-95
to Military Trail.
~..C. Acceptance of Utility Easement Deed and Agreement/Isles
of Delray. Accept a six foot utility easement over Lots 21 and
22, Block 4, Amended Plat of Isles of Delray, Section 2, and
approve an agreement which provides that should the City install
utility improvements in the drainage canal located east of Lots
21 and 22 that the easement shall be subaqueous and shall not
inhibit navigation.
8.D, Request to Use Banker's Row Parking Lot/Approval of
Temporary Use Agreement. Approve a temporary use agreement
between the Banker's Row Homeowners Association and the City for
use of.the Banker's Row parking area on Saturday, July 31, 1993,
for the purpose of holding a garage sale.
8.E. Renewal of Agreement with School Board for Emergency
Medical Technology Tr$ining, Approve a renewal of the existing
agreement between the City and the Palm Beach County School Board
which permits EMT students from vo-tech programs to observe EMT
practices, to be effective for the period July 1, 1993, through
June 30, 1994.
8.F. Change Order No. 2 and Reauest for Final Payment/Altair
Maintenance Services. Inc. Approve a deduct change order in the
net amount of $11,365.52 and a request for final payment in the
amount of $3,865.01 from Altair Maintenance Services, Inc. for
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the Inflow/Infiltration Program; Repair, Rehabilitation and
Replacement of Sanitary Sewers and Manholes; with funding from
1991 Water and Sewer Bond - Repair and Replacement Sanitary
Sewer/Manholes (Account #447-5169-536-60.31).
8.G. Change Order No. 1 and Request for Final Pay-
men~/Co1onna Construction Co,, In~, Approve a deduct change
order in the net amount of $2,685.08 and a request for final
payment in the amount of $1,500.00 from Colonna Construction Co.,
Inc. for Allamanda Gardens Subdivision Drainage Improvements;
with funding from General Construction Fund - Allamanda Gardens
Improvements (Account ~334-1978-554-60.69).
8.H, Appointment of Outside Counsel/Verna and James Cook.
Authorize the appointment of Carson, Linn and Atkins as outside
counsel to represent the City in the above referenced cases.
8,I. Re~ol~ion NO, 65-93, A resolution assessing costs for
abatement action necessary to demolish an unsafe structure locat-
ed at 105 SoW. 7th Avenue.
The caption of Resolution No. 65-93 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 REGU-
LATIONS 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 ASSESS-
MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, 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. 65-93 is on file in the offi-
cial Resolution Book)
8.J, Re~olution NO. 66-99. A resolution assessing costs for
abatement action required to remove nuisances on 22 properties
throughout the City.
The caption of Resolution No. 66-93 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
ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT
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ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATE-
MENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE
AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
(Copy of Resolution No. 66-93 is on file in the offi-
cial Resolution Book)
8~K, Re~olution NQ. 67-95. A resolution assessing costs for
abatement action required to remove nuisances on four properties
within the City.
The caption of Resolution No. 67-93 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 ACCOMPA-
NY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL
COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT
OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND
FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PRO-
VIDING 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. 67-93 is on file in the offi-
cial Resolution Book)
8,L. Award of Bids and Contracts.
1. Automotive Parts - Annual Contract - Award to low
responsive bidders (various vendors) at an estimated
annual cost of $22,993.39; with funding from Garage
Inventory - Parts (Account 9501-3311-591-52.50).
2. Gehl Skid Steer Loader Tractor - Streets Division
- Award to Tri-County Equipment Sales & Service, at a
cost of $32,457 via FDOT Contract #DC2892R1; with
funding from City Garage - Automotive (Account ~501-
3312-591-64.20).
3. Landscape Maintenance Service Contract for
Homewood Boulevard, West Linton Boulevard, and three
medians on Military Trail - Award to Seagull Industries
for the Disabled, Inc. as the low responsive, responsi-
ble bidder, at an annual cost of $40,565; with funding
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from Beautification Trust Fund/Beautification Mainte-
nance (Account #119-4144-572-46.40).
4. Roadway Reconstruction Plan (East of
Intracoastal)/Project No. 92-02, and S.E. 5th Street
Pavement and Utility Improvements (From FEC RR to 4th
Avenue) - Chaz Equipment Co., Inc. in the amount of
$1,349,381.45~ with funding from Decade of Excellence
(Acct. #225-3162-541-61.17); Utility Account #442-
5178-536-61.78 and #442-5178-536-61.84; subject to
pending transfers.
Mr. Ellingsworth moved for approval of the Consent
Agenda, seconded by Dr. Alperin. Upon roll call the Commission
voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr.
Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said
motion passed with a 5 to 0 vote.
REGULAR AGENDA,
9,A. Review of Appealable Land.DevelQpmen~ AQ~iQn~ of V~ri-
ous Boards. Consider accepting 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 June
21, 1993, to July 9, 1993.
Dr. Alperin moved to receive and file the report,
seconded by Mrs. Smith. Upon roll call the Commission voted as
follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth -
Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed
with a 5 to 0 vote.
9.B, Modification to the Development Order for ~h9 Wa~rfQr~
Place DRI. Provide direction regarding proposed modifications to
the Waterford DRI Development Order.
John Walker, Planning Department, stated there are
three (3) specific issues to be addressed by the City Commission
this evening. The first pertains to improvements on S.W. 10th
Avenue, between Linton Boulevard and Lindell Boulevard (Local
Condition #22). There is a request, originally from the develop-
er, to modify some of the conditions by which the widening re-
quirement would be viewed. When the Commission last reviewed
this item in February, 1993, staff had recommended that the
wording be revised to some very detailed wording which would
require the developer to provide intersection analyses on a
regular basis (annually, as well as three months after the cer-
tificate of occupancy is issued for Builders Square). Whenever
those analyses found that the improvements to the intersection
and the widening of the road needed to be done, they would have
to be done within a short period of time by the developer. At
the February 23, 1993, meeting, the Commission, by consensus,
indicated they wanted to see this segment of S.W. 10th Avenue
four-laned before the CO was issued for Builders Square. Staff
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is still recommending that the widening be delayed until an
intersection analysis shows that it is warranted.
On question from Mayor Lynch, Mr. Walker stated that
the applicant/developer has agreed to construct the improvements
upon a determination that they are needed, and will not dispute
such findings and determination by the city based upon the traf-
fic analyses which are provided.
Dr. Alperin referred to the minutes of the February 23,
1993, meeting and noted that the Commission had agreed not to
wait to require the improvements since that would mean waiting
for more studies, arguments over who would do the studies and how
accurately they would be done. The improvements were to be done
then as part of the concessions for project approval, with the
intent being to try to de-emphasize the entrance off of Linton
(Waterford) with S.W. 10th Avenue to be the primary entry into
the project. If the road isn't widened now, it will become
harder to accomplish this goal in the future since people will
get used to accessing the project through the Circuit City en-
trance. Discussion followed.
Mrs. Smith moved to modify Local Condition #22 as
recommended by staff, seconded by Mr. Randolph. Upon roll call
the Commission voted as follows: Dr. Alperin - No; Mr.
Ellingsworth - No; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs.
Smith - Yes. Said motion passed with a 3 to 2 vote.
Mr. Walker stated that the second issue has to do with
the 1-95 ramp studies; that is, there are three conditions (#17,
18 and 19) which covered off-site improvements and work in this
project. All of the specified improvements have been completed.
The last item that was in question had to do with a determination
that was to be made by the Florida Department of Transportation
as to whether additional ramp improvements would be necessary.
The determination was made in March, 1993, with FDOT finding that
at the completion of Builders Square, no additional improvements
will be required, nor will they be required at build-out in 1997
should the project be completed as now contemplated. In view of
this, the developer has withdrawn the request for modification of
DO Conditions 17, 18 and 19. Discussion ensued, with the major
focus having to do with the fact that if the developer wants to
make a change in the land use from what is currently proposed and
approved, then the entire matter will have to be reviewed again.
It was the majority consensus of the Commission to leave Condi-
tions 17, 18 and 19 as they are; they have been complied with and
no further action is necessary.
As to the third issue, Mr. Walker stated that many of
the conditions that were in the original Development Order have
been completed and/or conditions have been modified. In each
instance, a specific section was altered but the totality of the
Development Order resolution was not changed. Staff is suggest-
ing that it would be a cleaner process to rescind the existing DO
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resolution and draft a completely new Development Order resolu-
tion which would delete all items which have been complied with
and/or which are no longer relevant to the administration of the
project.
During discussion, the City Manager suggested that all
of the current provisions be put together into one document for
purposes of administrative tracking, without the need for re-
drafting the entire development order which could result in the
loss of historical data. The Commission concurred with this
recommendation.
9.C. Amendment to Carver Reuse Report. Approve an amendment
to the Carver Reuse Report and direct staff to forward the amend-
ment to the School Board for the purpose of developing an action
plan.
Mr. Ellingsworth moved approval of the amended report,
with direction to forward the amendment to the School Board for
the purpose of developing an implementation plan, seconded by Mr.
Randolph. Upon roll call the Commission voted as follows: Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs.
Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0
vote.
Prior to roll call, Mr. Ellingsworth complimented the
City Manager for his work on this issue and further stated that
he felt the city will get most everything we are looking for,
including the addition of the relocation of the South Area High
School as part of the Carver reuse program. At this point the
roll was called to the motion.
9~D, Resolution No. 71-93/Extension Q~ Sunset Date for the
Neiqhborhood .Task Team. Consider Resolution No. 71-93 which
extends the established sunset date for the Neighborhood Task
Team from July 31, 1993, to December 31, 1993.
The City Manager presented Resolution No. 71-93:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DEL~AY BEACH, FLORIDA, AMENDING RESOLUTION NO.
102-91 RELATIVE TO THE SCOPE OF RESPONSIBILITY FOR
THE NEIGHBORHOOD TASK FORCE, AND AMENDING RESOLU-
TION NO. 82-92 WHICH EXTENDED THE ESTABLISHED
SUNSET DATE FOR THE NEIGHBORHOOD TASK FORCE TO
JULY 31, 1993, BY FURTHER EXTENDING THE SUNSET
DATE OF SAID NEIGHBORHOOD TASK FORCE TO DECEMBER
31, 1993.
(Copy of Resolution No. 71-93 is on file in the offi-
cial Resolution Book)
In response to question from Commissioner Randolph,
Lula Butler, Director of Community Improvement, stated that this
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request comes from the Neighborhood Task Team Executive Committee
in order to allow additional time for the task team to bring
forward some additional code amendments for consideration and to
follow through to implementation the proposed ordinance amend-
ments which are now being redrafted by staff for presentation to
the Commission. Discussion ensued.
Dr. Alperin moved to approve Resolution No. 71-93 to
extend the sunset date for the Neighborhood Task Team from July
31, 1993, to December 31, 1993; seconded by Mr. Randolph. Upon
roll call the Commission voted as follows: Mr. Randolph - Yes;
Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr.
Ellingsworth - No. Said motion passed with a 4 to 1 vote.
At this point, the time being 7:05 p.m., the Commission
moved to the duly advertised Public Hearing portion of the agen-
da.
10, PUBLIC HEARINGS.
10.A, Ordinanc~ No, 43-93, An ordinance amending the city's
code with regard to Newsracks, Benches and Other Unattached
Fixtures in the Right-of-Way, is before the Commission for con-
sideration on Second and FINAL Reading. 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. 43-93:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 6.3.3,
"NEWSRACKS, BENCHES, AND OTHER UNATTACHED FIXTURES
IN THE RIGHT-OF-WAY", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR THE
APPLICATION OF THIS SECTION TO ALL MOVABLE FIX-
TURES WITHIN THE RIGHT-OF-WAY; TO PROVIDE FOR A
DEFINITION OF "MOVABLE FIXTURE"; TO PROVIDE FOR
THE DELETION OF SOD AS A PROHIBITED LOCATION FOR
MOVABLE FIXTURES; TO PROVIDE FOR THE PLACEMENT OF
MOVABLE FIXTURES NO CLOSER THAN 15 FEET TO A FIRE
HYDRANT; TO PROVIDE FOR CLEAR ZONES TO EXTEND FOUR
FEET FROM A SIX INCH HIGH VERTICALLY FACED CURB
AND TO PROHIBIT MOVABLE FIXTURES FROM BEING PLACED
CLOSER THAN TEN FEET FROM THE EDGE OF PAVEMENT, OR
AS FAR AWAY AS POSSIBLE; AMENDING SECTION
6.3.3(B)(6), "SIGHT AREAS" TO PROVIDE FOR A 40
FOOT BY 40 FOOT SIGHT TRIANGLE EXTENDING ALONG THE
ROAD SIDE EDGE AS ILLUSTRATED IN FIGURE 1; AMEND-
ING SECTION 6.3.3(B)(7) TO PROVIDE FOR LOCATION
MAPS AT CITY FACILITIES DESIGNATING LOCATIONS
WHERE MOVABLE FIXTURES MAY BE PLACED; AMENDING
SECTION 6.3.3(B)(8) TO PROHIBIT THE PLACEMENT OF
MOVABLE FIXTURES ADJACENT TO SINGLE FAMILY RESI-
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DENCES; REPEALING SECTION 6.3.3(C)(1); REPEALING
SECTION 6.3.3(0); REPEALING SECTION
6.3.3(C)(2)(e); REPEALING SECTION 6.3.3(H); PRO-
VIDING A REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(Copy of Ordinance No. 43-93 is on file in the official
Ordinance Book)
Assistant City Attorney Tolces read the caption of the
ordinance. 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. Speaking from the
audience was the following:
Mr. Chip Daniker. Circulation Manager for the Sun
Sentinel. who asked that the Commission not adopt the ordinance
since the newspapers feel it is unnecessary and they have demon-
strated a willingness to work with the city to resolve areas of
contention.
The public hearing was closed.
Mr. Ellingsworth moved for adoption of Ordinance No.
43-93 on Second and FINAL Reading, seconded by Dr. Alperin. Upon
roll call the Commission voted as follows: Mayor Lynch - Yes;
Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes. Said motion passed with a 5 to 0 vote.
Prior to roll call, Dr. Alperin commented that he feels
the newspapers did not act in good faith in trying to develop an
ordinance to address the concerns of the city. The ordinance
under consideration tonight is just a beginning and represents
major concessions on the part of the citizens of Delray Beach.
The newspapers should be policing their own newsracks and should
take responsibility for contributing to the appearance of the
city by correcting the problems so that the city doesn't have to
deal with this issue.
Mrs. Smith stated that she was sorry to see the uniform
color requirement removed from the ordinance, but hoped that the
various newspapers and periodicals would respect what Delray
Beach is trying to do in terms of the efforts to beautify the
city.
At this point the roll was called to the motion.
10.B. Intent to Sell City Property. Approve the sale of
property described as the South 1/2 of Lot 19 and all of Lot 20,
Block 88, Linn's Addition to Osceola Park, for public purposes
pursuant to a contract entered into between the City and Habitat
for Humanity.
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Assistant City Attorney Tolces advised that this action
pertains to a lot located at 330 S.E. 3rd Avenue which the City
obtained from Carteret Bank through the RTC and which we will now
be donating to Habitat for Humanity. By ordinance, a public
hearing must be held prior to the transfer of real property.
A public hearing was held having been legally adver-
tised in compliance with the laws of the State of Florida and the
Code of Ordinances of the City of Delray Beach, Florida. The
public hearing was closed.
Mr. Ellingsworth moved for approval, seconded by Mr.
Randolph. Upon roll call the Commission voted as follows: Mrs.
Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5
to 0 vote.
11. Comments and Inquiries on Non-Agenda Items.
ll.A. City Manager's Response to Prior Public Comments and
Inquiries.
ll.A.1. Regarding the inquiry about the amount of time it takes
for traffic on Homewood Boulevard to be able to exit onto West
Atlantic Avenue, the City Manager stated that from 10:00 p.m.
until 7:00 a.m., the signal operates in free mode and will re-
spond for cars as they reach the intersection. For the rest of
the day, there is a coordinated traffic signal timing system on
West Atlantic Avenue from Barnett Bank to Homewood/High Point, so
that all those signals are timed together to enable traffic to
flow smoothly. As a result of accommodating the 1,859 vehicles
per peak hour traveling West Atlantic Avenue, some delay is
required for the 256 vehicles per hour exiting Homewood and High
Point Boulevards. The maximum delay that could be experienced on
Homewood/High Point is 140 seconds, or two minutes/20 seconds,
and in most cases the delay will be much shorter. Actual field
observations by the County reveal the average delay time experi-
enced during peak travel times is 103 seconds, with the bottom
line being that the County considers the signal to be operating
appropriately for the traffic conditions. The signal will be
re-timed when West Atlantic is widened and it is likely that the
additional lanes on West Atlantic will result in additional green
signal time being allocated to Homewood Boulevard.
ll.A.2. Regarding the historic marker on N.W. 5th Avenue, the
City Manager reported that the work planned for this location
will not be able to be done before the beginning of the Roots
Festival. A meeting has been held with Spencer Pompey and Eliza-
beth Debs regarding the plans for upgrading the site; the con-
struction drawings are progressing and it is our goal to have the
project completed by the end of September. The project is funded
through the Community Development Block Grant program with an
estimated cost of $15,000 to completely refurbish the site.
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ll.B. From The Public.
ll,B,1. Jerry Marshall, resident of Woodlake, who asked if it
would be possible to close off Atlantic Avenue between Swinton
and Federal Highway on those evenings when the "Art & Jazz on the
Avenue" events are held? The entire street could then be used as
a walkway and would make for a festive atmosphere, without cars
jamming up the roadway.
It was suggested that this would be more in the realm
of the Chamber and the Atlantic Avenue Association and should be
brought up to these entities for consideration. Kevin Egan, CRA
Chairman, advised this has been discussed by the Joint Venture
and it may be a request in the future should the Art & Jazz
events get any larger.
ll.B,2. Helen CQQpersmi~h, President of PROD, who stated she
had two issues. Issue one being the concern of the people as it
relates to the widening of West Atlantic Avenue which would
involve turning off water service to home and business for seg-
mented periods of time while construction is going on. There is
also the inconvenience of having to boil water for a period of
time after shut off before it can be used. The cost of install-
ing conflict manholes and not shutting off water would cost the
city about $20,000.00. Issue two has to do with bringing the two
historic structures down from West Palm Beach to Delray Beach at
a cost of $20,000.
Ms. Coopersmith felt this was a matter of priorities;
that of cutting off water during the widening of West Atlantic
Avenue although there is a way (at a cost of 820,000) that the
water not be shut off, or moving the historic homes at the same
cost. She asked if there is money available in the Water and
Sewer Fund, or other appropriate fund, to pay for the conflict
manholes so water won't have to be shut off, and if so, why can't
it be used?
Ms. Coopersmith requested that the two projects be
equally funded so that those residents who will be undergoing the
inconvenient but necessary roadway construction will not be
inconvenienced further by having their water cut off.
1,2,, FIRST READINGS.
12,A, Ordinance NO. 45-93. An ordinance correcting the
zoning classification for the Palm Trail Medical Building located
at 909 N.E. 9th Avenue from RM (Multiple Family Residential -
Medium Density) to POD (Professional Office District), is before
the Commission for consideration on First Reading. If passed,
public hearing will be held July 27, 1993.
The City Manager presented Ordinance No. 45-93:
-12- 7/13/93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE ZONING
CLASSIFICATION FOR A PARCEL OF LAND AS MORE PAR-
TICULARLY DESCRIBED HEREIN, FROM RM (MULTIPLE
FAMILY RESIDENTIAL - MEDIUM DENSITY) DISTRICT TO
POD (PROFESSIONAL OFFICE DISTRICT); SAID LAND
BEING LOCATED BETWEEN PALM TRAIL AND N.E. 9TH
AVENUE, NORTH OF GEORGE BUSH BOULEVARD; AND COR-
RECTING "ZONING MAP OF DELRAY BEACH, FLORIDA,
1990"; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
Assistant City Attorney Tolces read the caption of the
ordinance.
Mr. Ellingsworth moved for approval of Ordinance No.
45-93 on First Reading, seconded by Mr. Randolph. Upon roll call
the Commission voted as follows: Dr. Alperin - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs.
Smith - Yes. Said motion passed with a 5 to 0 vote.
12.B, Ordinance No. 46-93. An ordinance amending the Land
Development Regulations by adding "Auto Brokerage" as a condi-
tional use in the General Commercial (GC) Zone District, is
before the Commission for consideration on First Reading. If
passed, public hearing will be held July 27, 1993.
The City Manager presented Ordinance No. 46-93:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.4.9, "GENERAL COMMERCIAL
(GC) DISTRICT", SUBSECTION (D), OF THE LAND DEVEL-
OPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING
"AUTOMOBILE BROKERAGE" AS AN ALLOWABLE CONDITIONAL
USE WITHIN THE ZONE DISTRICT; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFEC-
TIVE DATE.
Assistant City Attorney Tolces read the caption of the
ordinance.
Mayor Lynch opened the floor to public comment.
Arthur Jackel expressed his opposition to amending the
zoning regulations to accommodate this use since it is not neces-
sary and will not be to the benefit of the city.
Mayor Lynch closed the floor to public comment, there
being no one else who wished to speak on this item.
At the request of Dr. Alperin, Jean Beer, a member of
the Planning and Zoning Board and a dissenting vote on this
-13- 7/13/93
recommendation, explained that she had voted against the proposal
because the use is already allowed within four other zoning
districts and she feels this request is basically to accommodate
one person's request. Discussion followed.
Dr. Alperin moved to DENY Ordinance No. 46-93 on First
Reading, seconded by Mr. Ellingsworth. Upon roll call the Com-
mission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph -
Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes.
Said motion passed with a 5 to 0 vote.
At this time the Commission returned to the Regular
Agenda.
9.E. Request for Waiver of Roadway ImprQvement Obliqations.
Consider a request for waiver of LDR Section 5.3.1(E)(2) relative
to roadway improvement obligations for Calvary Baptist Church.
Diane Dominguez, Planning Department, reported that
this waiver request involves an existing church located on S.W.
10th Street, between 8th and 9th Avenues. It is surrounded by
streets on all four sides and, except for S.W. 10th Street, all
of the streets are unimproved shellrock road. The church is
proposing to add a 2,000 sq.ft, assembly hall that would be an
attendant use for the facility. Per city code, in conjunction
with this improvement, the church would be required to improve
the adjacent streets, or at least they would have to pay for half
of the improvements which is estimated at a cost of about $40,000
for their share of the streets and drainage. The church is
requesting a waiver of these requirements at this time, and staff
is supporting the request based on the relatively small scale of
the proposed project. She did note that there may be a future
development proposal for a school at the site in the next three
to five years. If that occurs and the roads are still unim-
proved, it might be appropriate to require them to participate in
the roadway improvement costs at that time. SPRAB formally
considered this item on June 30, 1993, and unanimously recommend-
ed that the waiver be approved.
After discussion, it was the consensus of the Commis-
sion to deny the waiver request pertaining to roadway improvement
obligations for Calvary Baptist Church, but to postpone or defer
payment of the required funding until such time in the future
that it is determined by staff to be necessary for roadway im-
provements, and subject to the approval of the City Commission.
Dr. Alperin so moved, seconded by Mr. Randolph. Upon roll call
the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch
- Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth -
Yes. Said motion passed with a 5 to 0 vote.
9.F, Approval of Consulting Firms for Services A~$ociated
with Redevelopment Efforts. Consider approval of three consult-
ing firms to provide continuing services for market analysis and
-14- 7/13/93
project feasibility studies in conjunction with redevelopment
efforts.
Diane Dominguez, Planning Department, reported that
staff is recommending the selection of three firms (Goodkin
Research Corporation, Reinhold P. Wolff Economic Research, Inc.,
and Ben Withers and Associates) to provide ongoing market re-
search and financial feasibility studies in conjunction with the
city's redevelopment plans as set forth in the Comprehensive
Plan.
Mr. Ellingsworth moved approval of the three consulting
firms for services associated with redevelopment efforts, second-
ed by Dr. Alperin. Upon roll call the Commission voted as fol-
lows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed
with a 5 to 0 vote.
9.G, Waiver of Bid Requirements and Contract Award/Golf
Course Greens Regrassing Project. Waive bid and bond require-
ments and award a contract to Rapid Turf, Inc. (sole source) in
the amount of $83,970 for the regrassing of 18 greens at the
Municipal Golf Course; with funding from Golf Course/Other Im-
provements (Account ~445-4761-572-63.90).
Mr. Randolph moved to waive the bid and bond require-
ments and~ award the contract to Rapid Turf, Inc., seconded by
Mrs. Smith. Upon roll call the Commission voted as follows:
Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5
to 0 vote.
9.H. Approval of Budqet Transfer and Award of Bid/Charles S.
Whiteside. Inc. Approve bid award to Charles S. Whiteside, Inc.
in the amount of $65,400 for Pompey Park Tennis and Basketball
Court Reconstruction project; with funding from Pompey
Park/Tennis Courts/Basketball Courts (Account
#334-4172-572-63.01), subject to approval of budget transfer from
General Construction Fund Prior Year Surplus in the amount of
$35,400.00; with additional funding from Community Development
Block Grant Fund in the amount of $30,000.00.
On question from Dr. Alperin, the City Manager stated
that staff recognized the need to resurface these courts last
year and it was included in the budget proposal which was ap-
proved by the City Commission in September, 1992. As staff has
gotten into the project and identified further deficiencies, the
scope of the project has grown. This work will give us a facili-
ty which meets current standards and is constructed in such a way
that it should be much longer lasting.
Mr. Randolph moved approval of the budget transfer and
award of bid as outlined above, seconded by Dr. Alperin. Upon
roll call the Commission voted as follows: Dr. Alperin - Yes;
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Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes;
Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote.
Resolution No. 54-93. A resolution amending Resolution
No. 108-92 which made appropriations of sums of money for all
necessary expenditures of the City for the Fiscal Year 1992-93,
by setting forth the anticipated revenues for the operating funds
of the City.
The City Manager presented Resolution No. 54-93:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO.
108-92 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY
FOR ALL NECESSARY EXPENDITURES OF THE CITY OF
DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR
1992-93, BY SETTING FORTH THE ANTICIPATED REVENUES
AND EXPENDITURES FOR THE OPERATING FUNDS OF THE
CITY FOR THE FISCAL YEAR 1992-93; TO REPEAL ALL
RESOLUTIONS INCONSISTENT HEREWITH.
(Copy of Resolution No. 54-93 is on file in the offi-
cial Resolution Book)
Assistant City Attorney Tolces read the caption of the
resolution.
Joe Safford, Finance Director, stated that this budget
summary represents an accumulation of various budget transfers
from the different departments which have been incorporated into
a mid-year budget adjustment. One of the primary things which
has been accomplished in the mid-year budget is that the tennis
center account has finally been settled.
Dr. Alperin moved approval of Resolution No. 54-93 as
the mid-year budget adjustment, seconded by Mrs. Smith. Upon
roll call the Commission voted as follows: Mr. Ellingsworth -
Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr.
Alperin - Yes. Said motion passed with a 5 to 0 vote.
Allocation of Community Redevelopment Agency Loan
Repayment. Consider staff's recommendations for the allocation
of the CRA loan repayment.
Joe Safford, Finance Director, reported that the Commu-
nity Redevelopment Agency has repaid their loan in 'the total
amount of $1,598,035.71. By previous Commission action, roughly
$785,000 of this repayment has been allocated as follows:
831,178.18 as interest to the General Fund, and $782,103.00 to
the Tennis Center Construction project. He recommended that the
remaining funds be disbursed as follows: $406,300.00 be trans-
ferred to the Insurance Fund to cover the General Fund's share of
the deficit; $136,000 to the Tennis Center to cover additional
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land costs above what was originally anticipated; and $242,454.53
be transferred.to and remain in the General Fund as a revenue.
Mayor Lynch suggested the possibility of allowing the
deficit in the Insurance Fund to continue for the time being
until appropriate actions can be taken to get this fund to take
care of itself, and go ahead and use the $406,000 for the Pompey
Park pool project. Discussion followed, after which it was the
consensus of the Commission to allocate the $406,300.00 in the
following amounts: $200,000 to go towards reduction of the
Insurance Fund deficit as requested by the Finance Director, with
the remaining $206,300 to the General Construction Fund for the
Pompey Park pool project. While this amount may not fund the
entire pool project, it is enough to get started. Additional
funding will then be identified by the Finance Director to put
together a package and make a commitment on the Pompey Park pool.
Mr. Randolph moved to approve the allocation of the CRA
loan repayment as recommended by the Finance Director, with the
exception that the $406,300.00 for the Insurance Fund deficit be
disbursed in the amount of $200,000 to the Insurance Fund deficit
and the remaining $206,300 be put to the General Construction
Fund for the purpose of the Pompey Park pool, seconded by Mr.
Ellingsworth. Upon roll call the Commission voted as follows:
Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr.
Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a
5 to 0 vote.
9,K, Service Authorization No. 14/Hazen & Sawyer. Consider
a service authorization with Hazen & Sawyer in the not-to-exceed
amount of $7,248.00 for engineering consulting services for the
preliminary design phase of the barrier island stormwater pump
station network; with funding from Stormwater Utility - Engineer-
ing (Account #448-5411-538-31.30). City Manager recommends
approval.
Dr. Alperin moved approval of Service Authorization No.
14 with Hazen & Sawyer in the amount of $7,248.00, seconded by
Mrs. Smith. Upon roll call the Commission voted as follows:
Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with
a 5 to 0 vote.
9,L, Chanqe Order No. 3/Meredith Associates. Consider a
change order in the amount of $4,600.00 and extension of the
contract completion date by fifty (50) days for permitting and
construction necessary for the abandonment of two former test
wells lying within the Carter/Jog Road right-of-way; with funding
from Repair and Replacement - Well Rehabilitation & Replacement
Program (Account $442-5178-536-61.82). City Manager recommends
approval.
Mr. Randolph moved approval of Change Order No. 3 with
Meredith Associates, seconded by Mr. Ellingsworth. Upon roll
-17- 7/13/93
call the Commission voted as follows: Mrs. Smith - Yes; Dr.
Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
Lynch - Yes. Said motion passed with a 5 to 0 vote.
9.M. Chanqe Order to Annual Contract with Johnson-Davis,
Inc. Consider a change order to the annual contract with John-
son-Davis, Inc. in the amount of $93,500.00 for the construction
of West Atlantic Avenue Sanitary Sewer Extension; with funding
from Repair and Replacement - Manhole Rehabilitation (Account
#442-5178-536-61.84). City Manager recommends approval.
The City Manager reported that this line will serve the
Highland Trailer Park commercial lots fronting on West Atlantic
Avenue (west of Barwick Road) as well as the Discount Auto Parts
site. On question from Mayor Lynch, the Manager stated that the
work is being coordinated with the County so that the road will
not have to be dug up again.
Mrs. Smith moved to approve waiver of normal bidding
procedures due to time constraints and award of bid by means of a
change order to the annual contract with Johnson-Davis, Inc. in
the amount of $93,500.00, seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Dr. Alperin - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs.
Smith - Yes. Said motion passed with a 5 to 0 vote.
9.N, Amendment NO. 5 tO Servic~ Au~hQriz~ion NQ, $/CH2M
Hill. Consider Amendment No. 5 to Service Authorization No. 5
with CH2M Hill in the amount of $14,200.00 for engineering ser-
vices provided to the City during the five month extension to the
construction period for the Water Treatment Plant Lime Softening
Conversion project; with funding from 1991 Water and Sewer Bond -
Water Plant Conversion (Account $447-5164-536- 31.30).
Mr. Randolph moved approval of Amendment No. 5 to
Service Authorization No. 5 with CH2M Hill in the amount of
$14,200.00, seconded by Mr. Ellingsworth. Upon roll call the
Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran-
dolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin -
Yes. Said motion passed with a 5 to 0 vote.
9.0. Change Order NO. 13 and Requ$~ for Final Pay-
ment/Elkins Constructors. Inc. Consider a deduct change order in
the net amount of $4,500.00 and a request for final payment in
the amount of $221,902.87 from Elkins Constructors, Inc. for the
Water Treatment Plant Lime Softening Conversion project; with
funding from 1991 Water and Sewer Bond - Water Plant Conversion
(Account $447-5164-536-60.31) and Repair and Replacement - Equip-
ment Replacement Program (Account #442-5178-536-61.76).
Dr. Alperin moved approval of Change Order No. 13
(Final) in the net deduct amount of $4,500.00 and the request for
final payment in the amount of $221,902.87 from Elkins Construc-
tors, Inc., seconded by Mrs. Smith. Upon roll call the Commis-
-18- 7/13/93
sion voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes;
Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes.
Said motion passed with a 5 to 0 vote.
9,~, Service Authorization No. 6/Currie Schneider Associ-
ates. Consider a service authorization in an amount not to
exceed 84,851.06 to the contract with Currie Schneider Associates
for construction administration services during the extended
contract period for the Veterans Park Redevelopment Project; with
funding from Decade of Excellence Bond Issue - Veterans Park
Redevelopment (Account #225-4126-572-61.63).
The City Manager stated that staff has previously
reported to the Commission the problems encountered with working
with the contractor on Veterans Park as well as the problems with
getting the power lines relocated. These items extended the time
of the contract and required more time on the part of the archi-
tect, so staff is recommending approval of this service author-
ization.
Dr. Alperin moved approval of Service Authorization No.
6 with Currie Schneider Associates, seconded by Mr. Randolph.
Upon roll call the Commission voted as follows: Mayor Lynch -
Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes;
Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote.
9.Q. Proposed Offer of Settlement/Gillespie vs. City of
Delray Beach.
Mayor Lynch referred to the City Attorney's memorandum
dated July 13, 1993, in which she recommends settlement of this
case in the amount of $79,000.00.
Dr. Alperin moved to approve settlement in the amount
of $79,000.00 for Joanne and Thomas Gillespie vs. the City of
Delray Beach, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin -
Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch -
Yes. Said motion passed with a 5 to 0 vote.
9.R. Appointment to the Downtown Development Authority,
Appoint a member to fill the expired term of Anne Bright, to a
term ending July 1, 1996. This is Commissioner Randolph's ap-
pointment and was deferred from the June 22, 1993, regular meet-
ing agenda.
Dr. Alperin stated that he had asked for the postpone-
ment so that he could meet with Mr. Thaddeus Cohen (Mr. Ran-
dolph's initial nominee). He has done so and was very impressed,
but Mr. Cohen was not able to confirm at that time if he would be
able to make the scheduled DDA meetings. Dr. Alperin asked that
Mr. Cohen attend an upcoming meeting to confirm that it would be
possible for him to attend; however, the next meeting will be in
the next week or two.
-19- 7/13/93
At this point, Mrs. Smith commented that the DDA was
recently expanded to include the area east of the waterway and
she would strongly recommend that there be a representative on
the board from this area. Mrs. Smith further stated that Mrs.
Bright had been an exceptionally good member of the DDA and if it
were possible for her to be reconsidered, she would like to see
that happen.
Mr. Randolph stated he would be willing to further
postpone making the appointment to allow additional time for
consideration. He, too, had been impressed with Mrs. Bright's
performance on the DDA, but was somewhat reluctant to reappoint
her because of the outstanding code violations. Mr. Randolph
then moved to postpone his appointment to the Downtown Develop-
ment Authority to the regular meeting of July 27, 1993, seconded
by Mr. Ellingsworth. Upon roll call the Commission voted as
follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph
- Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed
with a 5 to 0 vote.
9,S. Appointments to the Community Redevelopment Agency.
Appoint members to fill the expiring terms of four members, to
terms ending July 9, 1997. The terms of Leonard Mitchell, Clay
Wideman, Kathi Sumrall and Wanda Gadson are expired; all are
eligible for and have expressed an interest in being considered
for appointment to an additional term. The appointments are to
be made by Mayor Lynch, Mrs. Smith, Dr. Alperin and Mr.
Ellingsworth.
Speaking from the audience was Mr. William Andrews who
stated that he felt there was a bit of stagnation on the CRA and
it might be beneficial to have one or two new appointees to lend
some additional creativity.
Dr. Alperin stated that in some instances he would
agree with Mr. Andrews, but in this particular situation the CRA
has really started to produce and all of the present members have
made tremendous contributions. The Commission concurred that
several of the newer applicants would make excellent members;
however, the four members seeking reappointment have been hard
working and instrumental in the progress of the CRA.
Mayor Lynch stated that he wished to nominate Mr. Clay
Wideman for reappointment to the CRA, to a term ending July 9,
1997. Dr. Alperin so moved, seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Mr. Ellingsworth - Yes;
Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr.
Alperin - Yes. Said motion passed with a 5 to 0 vote.
Mrs. Smith mov.ed to reappoint Ms. Kathi Sumrall to the
CRA, to a term ending July 9, 1997, seconded by Dr. Alperin.
Upon roll call the Commission voted as follows: Mr. Randolph -
Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr.
Ellingsworth - Yes. Said motion passed with a 5 to 0 vote.
-20- 7/13/93
Dr. Alperin moved to reappoint Ms. Wanda Gadson to the
CRA, to a term ending July 9, 1997, seconded by Mr. Randolph.
Upon roll call the Commission voted as follows: Mayor Lynch -
Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes;
Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote.
Mr. Ellingsworth moved to reappoint Mr. Leonard Mitch-
ell to the CRA, to a term ending July 9, 1997, seconded by Mr.
Randolph. Upon roll call the Commission voted as follows: Mrs.
Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5
to 0 vote.
9,T, Membership on City Boards. Provide direction with
regard to an individual serving on two City boards simultaneous-
ly.
Mayor Lynch clarified that this item pertains to Rever-
end Lenard Johnson who was recently appointed to the Delray Beach
Housing Authority. Reverend Johnson is also a member of the
City's Kids and Cops Committee. After discussion, it was the
consensus of the Commission to support the staff recommendation
that Reverend Johnson serve as a special advisor to Kids and Cops
(while not a formal member), but retain his appointment to the
Delray Beach Housing Authority. Therefore, a vacancy would be
created on the Kids and Cops Committee for future Commission
action.
9.U~ NQmination of a Representative to Serve on University
Parkway Task Force. Nominate a representative from the City of
Delray Beach to serve on the University Parkway Task Force as
established by the Board of County Commissioners.
Dr. Alperin stated that he has been very interested in
this matter all along, but would be unable to take on the respon-
sibility. However, Mr. Michael Weiner has expressed an interest
in the nomination and Dr. Alperin feels that he would be an
excellent representative for the City of Delray Beach.
Mr. Ellingsworth moved to nominate Mr. Michael Weiner
to represent the City of Delray Beach on the University Parkway
Task Force, seconded by Mr. Randolph. Upon roll call the Commis-
sion voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph -
Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes.
Said motion passed with a 5 to 0 vote.
9,V. Resolution No. 72-93. A resolution objecting to the
proposal of Palm Beach County that the Wetlands Protection Sec-
tion of the Unified Land Development Code be adopted under the
auspices of the Environmental Control Act, thus being countywide,
even within the incorporated areas of Palm Beach County, in
derogation of the recently approved agreement between the Board
of County Commissioners and the Palm Beach County Municipal
League relative to countywide ordinance procedures.
-21- 7/13/93
The City Manager presented Resolution No. 72-93:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, OBJECTING TO THE PROPOSAL
OF PALM BEACH COUNTY THAT THE WETLANDS PROTECTION
SECTION OF THE UNIFIED LAND DEVELOPMENT CODE BE
ADOPTED UNDER THE AUSPICES OF THE ENVIRONMENTAL
CONTROL ACT, THUS BEING EFFECTIVE COUNTYWIDE, EVEN
WITHIN THE INCORPORATED AREAS OF PALM BEACH COUN-
TY, IN DEROGATION OF THE RECENTLY APPROVED AGREE-
MENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND
THE PALM BEACH COUNTY MUNICIPAL LEAGUE RELATIVE TO
COUNTYWIDE ORDINANCE PROCEDURES; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
(Copy of Resolution No. 72-93 is on file in the offi-
cial Resolution Book)
Assistant City Attorney Tolces read the caption of the
resolution.
Dr. Alperin moved approval of Resolution No. 72-93,
seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith -
Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion
passed with a 5 to 0 vote.
Comments and Inquiries on Non-Aqenda Items.
13,A. City Commission:
!$,A,1, Mrs. Smith had no comments.
13.A.2,. Dr. Alperin had no comments.
'13.A.3, Mr. Randolph expressed his appreciation for the support
shown by the Commission with respect to getting the Pompey Park
pool project in the works.
Mr. Randolph further stated that both the City Manag-
er's and City Clerk's offices will be hard pressed to replace
retiring employees Nancy Roti and Sue Morrison. He has known
them both for some twenty years and has the greatest respect for
them.
l~,A,4, Mr. Ellingsworth had no comments.
13.A.5. Mayor Lynch commented that Representative E. Clay Shaw
did make a statement in the U.S. House of Representatives in
recognition of Delray Beach and its selection as an All-America
City, so Delray Beach did receive some national recognition.
13,B. City Attorney: No comments.
-22- 7/13/93
13.C. City Manager: The City Manager advised that Congress-
man Shaw wants to make a presentation at some time when he can
come to a Commission meeting, to present a framed copy of the
excerpt from the Congressional Record. This will be arranged as
his schedule permits.
The City Manager commented that in past discussions
concerning some of the stormwater projects, there was mention of
a possible interest in perhaps increasing stormwater utility fees
this year. Any changes in these utility fees have to be complet-
ed by August 1st, so if there is an interest, we need to move
very quickly on it. Upon discussion, it was the consensus of the
Commission that they would not want to try to make adjustments by
August 1st, but the stormwater fees will need to be looked at
very seriously next year.
There being no further business, Mayor Lynch declared
the meeting adjourned at 8:50 p.m.
ATTEST:
The undersigned is the City Clerk of the City of Delray
Beach, Florida, and the information provided herein is the min-
utes of the meeting of said City Commission of July 13, 1993,
which minutes were formally approved and adopted by the City
Commission on
........ C~%y- C-ler~ .... /
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 besn reviewed and approved which may
involve some amendments, additions or deletions to the minutes as
set forth above.
-23- 7/13/93