Loading...
05-11-93 MAY 11, 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 6:02 P.M., Tuesday, May 11, 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 City Attorney Susan A.~uby 2, The opening prayer was delivered by Commissioner Bar- bara Smith. The Pledge of Allegiance to the flag of the United States of America was given. 4. Dr. Alperin moved for approval of the agenda as pre- sented, 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. 5. Mr. Randolph moved approval of the Regular Meeting minutes of April 27, 1993, and the Special Meeting minutes of May 4, 1993, seconded by Dr. Alperin. 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. Pro¢lam~tiQns. 6.A, Mayor Lynch presented a proclamation proclaiming the week of June 6 through 12, 1993, as "NATIONAL SAFE BOATING WEEK" 6,B, Mayor Lynch read and presented a proclamation congratu- lating the staff, students, PTA members and volunteers of Banyan Creek Community Elementary School for their dedication and for being chosen by Redbook Magazine as one of America's leading elementary schools. Principal Barbara Brown of Banyan Creek Elementary School came forward to accept the proclamation. 6.C. Mayor Lynch presented a proclamation commending Colonel Ronnel O. Burgamy and proclaiming June 6, 1993 as "3220TH UNITED STATES ARMY GARRISON DAY". Presentations. 7.A. Ms. Sandra Almy read a proclamation from Governor Lawton Chiles proclaiming the week of May 16 through 22, 1993, as "All-America City Week". Ms. Leslie Chapman, representing the Allstate Founda- tion, congratulated the citizens and the leaders of the City of Delray for being named a finalist in the All-America City compe- tition, the only city in Florida to enjoy this honor. She gave a brief description of the background and history of the Allstate Foundation and its involvement in the All-America City Program. CONSENT AGENDA 8.A, SUpport of Palm Beach County Comprghensive Substance Abuse Program. Authorize staff to submit a letter of support of the Palm Beach County Comprehensive Substance Abuse Program which is necessary to secure grant funas for the continuation of the program. Approval is recommended. 8.B. Authorization to Transfer Funds From Decade of Excel- lence Inter~st Earnings. Authorize staff to transfer $7,714.39 from Decade of Excellence Interest Earnings and authorizing the Finance Director to transfer future Interest Earnings as neces- sary to balance Decade of Excellence Accounts, subject to City Manager's approval. 8.C~ W~iver of Site Plan Review Fee~/FIND parcel MSA ~45 C & ~. Approve a request from William Swaim for waiver of the site plan review fees for improvement required to the FIND Parcel in conjunction with the development of the Anchorage. 8,D. A~ceptance Of Easement Deed/Wallace Dodge; Accept an easement for the extension of a sewer main in conjunction with the Wallace Dodge project. 8,E. Resolution No. 42-93: A resolution abandoning a 50 x 744.25 foot portion of the Queens Avenue right-of-way in conjunc- tion with the Wallace Dodge final plat. The caption of Resolution No. 42-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE RIGHT-OF-WAY FOR QUEENS AVENUE AS THE SAME IS MORE PARTICULAR- LY DESCRIBED HEREIN; PROVIDING FOR CERTAIN CONDITIONS. (Copy of Resolution No. 42-93 is on file in the offi- cial Resolution Book) -2- 5/11/93 8,F, Final Pla~ Approval/W~llace Dodg~ Approve the final plat for Wallace Dodge located at the northwest corner of Linton Boulevard and S.W. 10th Avenue. Planning and Zoning Board recom- mends approval, subject to conditions. 8.G, Waiver Of Landscape Requiremgnts/Delra? Mitsubishi: Approve a request for waiver of Section 4.6.16 (H)(3)(h) of the Land Development Regulations to allow the reduction of the number of interior trees required from 76 to 40 for Delray Mitsubishi, subject to positive findings by the City Commission that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privi- lege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. 8.H, Landscape Aqreement/Delray Mitsubishi: Approve an agreement with Delray Mitsubishi which defers the installation of the required 20 foot perimeter landscape strip along Federal Highway until such time as the proposed widening of Federal Highway is completed. 8.I. Change Order No. 2 and Request for Final Payment/Boy Scout Hut: Approve a change order in the net amount of $6,748.50 for plus/minus as-built quantity adjustments, additional miscel- laneous changes to irrigation/landscaping and upgrade of electri- cal services to the contract with Asphalt Construction of Palm Beach, Inc. and approve the request for final payment in the amount of $7,248.50 for completion of the Boy Scout Hut/Enfield Road Improvements with funding from Decade of Excellence Bond Issue - Boy Scout Hut (Account No. 225-4141-572-61.37); pending budget transfer from Decade of Excellence - Street Reconstruction (Account No. 225-3162-541-61.17/$6,749). 8,J. Request For Final Paym~nt/NPDE$ Application: Approve the request for final payment in the amount of $3,083,37 to Northern Palm Beach County Water Control District for completion of Items A through E of the NPDES Application; with funding from Stormwater Utility Fund - Other Professional Services (Account No. 448-5411-538-31.90). 8.K. Correction of Funding Source - Change Order NO, 1/D~ch Construction: Approve a change in funding source' for Change Order No. 1 in the amount of $42,908 from 1992 Bond Anticipation Note - Redevelopment of Veteran's Park (Account No. 227-4126-572-61.63) to Decade of Excellence Bond Issue - Redevel- -3- 5/11/93 opment of Veteran's Parks (Account No. 225-4126-572-61.63/$26,437) and Interest Earnings (Account No. 225-0000-361-10.00/$15,471). 8.L, Modification of Bid Award: Modify the bid awarded to Atlantic Ford Truck Sales for a Ford Dump Truck to include an automatic transmission at an additional cost of $14,500; with funding from Garage Fund - Automotive (Account No. 501-3312-591-64.20). 8,M, Resolution No. 40-93: A resolution assessing costs for abatement action required to demolish an unsafe structure at 511 N.W. 2nd Street. The caption of Resolution No. 40-93 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 POR THE MAILING OF NOTICE. (Copy of Resolution No. 40-93 is on file in the offi- cial Resolution Book) Resolution NQ. 41-9~ A resolution assessing costs for abatement action required to demolish an unsafe structure at 308 N.W. 1st Street. The caption of Resolution No. 41'-93 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 -4- 5/11/93 PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 41-93 is on file in the offi- cial Resolution Book) 8.O, Resolution No. 43-93: A resolution assessing costs for abatement action required to repair an unsafe conditions at 4095 N.W. 7th Court. The caption of Resolution No. 43-93 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. 43-93 is on file in the offi- cial Resolution Book) 8,P, Award Of Bids And Contracts: I. Advanced Life Support Vehicle - Highland Beach - Southern Ambulance Builders, Inc. in the amount of $83,122 with funding from the Town of Highland Beach. 2. Seven (7) Vehicles - Police Department - Duval Ford (via State Contract) in the amount of $95,605 with funding from Business Insurance Fund (Account No. 551-1575-591-45.50/ $8,500) and Garage Fund - Automo- tive (Account No. 501-3312-591-64.20/$87,105). 8.Q. Renewal/Extension of Health Insurance Contra~: Extend the present health insurance contract with Anthem, as amended with new stop loss premiums and administrative costs, until September 30, 1994. $,R. Agreements With Palm Beach County P~iv~e Industry Council; Approve agreements with Palm Beach County Private Industry Council for the summer work program. Dr. Alperin moved approval of the Consent Agenda, seconded by Mrs. Smith. Upon roll call the Commission voted as -5- 5/11/93 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. REGULAR AGENDA 9oA. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARI- 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 April 26, 1993 through May 7, 1993. Dr. Alperin moved to receive and file the report, 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.B. PROJECT SELECTION FOR INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA~ ENHANCEMENT FUNDING: Consider the pro- posed project list to be used to seek Federal ISTEA Enhancement Funding. David Kovacs, Planning Director, stated upon a closer look at those projects pending, there are a few large projects such as the AMTRAK site, going all the way down to a downtown bicycle security facility. The East Atlantic Avenue Beautifica- tion has been included along with the Swinton Avenue Beautifica- tion project. The P&Z Board recommended that a landscape project on S. Federal Highway be included; however, it is his recommenda- tion that this not be included at this particular time, as there is a local match and the project is not defined. Mr. Ellingsworth moved to proceed with this project as recommended by staff, 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.C. CHANGE ORDER NO. 2/S.I. NICHOLAS. INC.: Consider a change order in the amount of $15,171.58 and which extends the contract completion date by 20 calendar days for S.I. Nicholas, Inc. for miscellaneous revisions to the Fire Station Headquarters project; with funding from 1992 Bond Anticipation Note - Central Fire Station (Account No. 227-2311-522-61.56). City Manager recommends approval. Dr. Alperin moved approval of Change Order No. 2, 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. Before roll call the following discussion was had: -6- 5/11/93 Mr. Randolph questioned why additional conduits were not installed to prevent this type of change. Jose Aguila, representing the architect, responded there are additional con- duits installed in the building for future growth; however, there were two systems that were to be a part of this project that did not come in as a part of the base bid because the City was to provide the specific tone alarm system to be supplied by Motorola and a fire alarm system that was to be provided by the fire alarm company that monitors all the City stations. At this time the roll was called to the motion. 9,D. REPORT CARD PROGRAM: Consider adopting a report card program which allows two to three hours of compensatory time from work for employees to meet with teachers twice a year when report cards are issued or conferences are requested. The City Manager stated that if the Commission feels this is something the City should get involved in, more informa- tion can be developed into the form of a City policy. Mr. Ellingsworth moved approval of the Report Card Program, seconded by Mrs. Smith. 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.E. SELECTION OF NOMINEE TO SERVE ON THE FLORIDA LEAGUE OF CITIES BOARD OF DIRECTORS REPRESENTING THE PALM BEAQ~ QQUNTY MUNICIPAL LEAGUE; Nominate an elected official to serve on the Florida League of Cities Board of Directors representing the Palm Beach County Municipal League. Mayor Lynch questioned the length of the term. Mr. Randolph commented that this position requires an elected offi- cial, so perhaps when the Commission term was completed, another member would be named. Mayor Lynch stated he would inquire at the meeting to be held on May 12 as to the length.of the term and whether or not a backup can be used in the event the appointed person cannot attend. The Commission concurred to defer this item for final- ization until May 25, 1993. 9,F. APPOINTMENT TO THE POLICE AND FIRE PENSION BOARD OF TRUSTEES: Appoint a member to the Police and Fire Pension Board of Trustees to fill the expired term of John M. Duane. Mr. Ellingsworth moved to appoint John Tallentire to the Police and Fire Board of Trustees, 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. -7- 5/I1/93 At this time the Commission moved to the First Readings portion of the agenda. FIRST READINGS 12.A. ORDINANCE NO. 37-93: An ordinance amending Section 110.06, "Persons Not Required to Pay Full Fee", of the City's Code to provide an exemption for non-resident persons from paying additional fees; and, amending Section 110.15, "License Tax Schedule", by adding two new categories. If passed public hear- ing will be held May 25th. The City Manager presented Ordinance No. 37-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, "OCCUPATIONAL LICENSES GENERAL- LY'' OF THE CODE OF ORDINANCES OF THE CITY OF DEL~AY BEACH, FLORIDA, BY AMENDING SECTION 110.06, "PERSONS NOT REQUIRED TO PAY FULL FEE", TO PROVIDE AN EXEMPTION FOR NON-RESI- DENT PERSONS FROM PAYING ADDITIONAL FEES; BY AMENDING SECTION 11.15, "LICENSE TAX SCHED- ULE'', BY ADDING TWO NEW CATEGORIES OF OCCUPA- TIONAL LICENSE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Randolph expressed concern with Section 2 (6), the Interior Trim portion of the amendment, because of the numerous calls he has received. The majority of this work does not re- quire a licensed contractor and this will pass on the cost to those persons who cannot afford the repairs mandated by the City. He requested that this section of the ordinance be workshoppedo The City Manager asked that the Commission recognize the fact that the City is attempting to make legitimate those persons who are currently engaged in this business who now are in violation of the city's occupational license requirement. The City Manager recommended that the Commission adopt the ordinance on first reading tonight and place it on the June 1st workshop meeting, to be brought back before the Commission at the Regular Meeting scheduled for June 8, 1993. Mrs. Smith moved to adopt Ordinance No. 37-93 on First Reading and incorporating the recommendation of the City Manager, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 1 vote. -8- 5/11/93 At this time the Commission moved to the Commission Comment portion of the agenda. CQmments and Inquiries on Non-Aqenda Items: 13,A.1. Commissioner Smith: No comments 13.A.2. Commissioner Alperin: No comments 13.A.3, Commi$$iQner Ellinqsworth: Recognized two members of the audience, Mrs. Hallie Yates Worthing, former City Clerk, and Mr. Doak Campbell, former Mayor. 13.A.4. Commissioner Randolph: No comments 13.A.5. Mayor Lynch: Stated that he had received a letter from Dees Contracting, Inc. which was very critical of the city with respect to the contract with them, and inquired as to the status of the matter. City Attorney Ruby stated she believes this was a letter which crossed in the mail prior to the matter being re- solved. Msyor. Lynch encouraged the Commission members to try to attend the All America City Award Program in Tampa next weekend as a show of support. I~.B~ There were no comments from the City Attorney. 13.C.1. The City Manager stated the City's Traffic Engineer has reviewed the signal located at West Atlantic Avenue and 10th Street and it seems to be working. Often vehicles pull too far forward and get ahead of the stop bar, creating a problem. Another thing that happens is that the pedestrian activity inter- feres with the traffic flow and vehicles do not clear the inter- section. The City Manager commented that the Traffic Engineer also checked out the intersection at East Atlantic Avenue and Venetian Drive, found two pedestrian signals that were not func- tioning and reported them to the County for repair. Other than that, the main problem seems to be jaywalking. There is fre- quently a continuous right turn movement; people are required to stop on red, then proceed with a right turn. However, many motorists do not stop, but drive on through. Mrs. Smith reiterated a problem with the left turn when drivers are coming off Venetian Drive and proceeding west on Atlantic Avenue. The City Manager stated that situation will be looked at further and he will get back to her. The City Manager stated the City does have the capacity to produce an inhouse brochure highlighting the capital improve- -9- 5/11/93 ment projects that have been completed within the last few years and that will soon be underway at a cost of approximately $75.00. The City Manager commented that the Fire Department moved into Station No. 5 on Monday, May 10, 1993 and are planning an open house on Friday, May 28th from 10:00 A.M. until 2:00 P.M. The City Manager stated that he will be attending the All America City Award competition in Tampa on May 20 and 21, 1993; Assistant City Manager Barcinski will be attending a Flori- da City/County Management Association meeting in Cocoa Beach during the same time frame. He will designate one of the Depart- ment Heads as Acting City Manager in their absence. At this point the Commission moved to the portion of the agenda where comments and inquiries are heard from the pub- lic. il.B, From The Public: lloB.1. Mr. Richard Eck$rle, representing Woodlake Homeowners Association, read a statement entitled, "Notes on Tree Exchange Project of Gertrude Caldwell, 372 S.W. 27 Avenue, Woodlake Devel- opment (PRD-6)", a copy of which is attached hereto and made a part of these minutes. In response, the City Manager stated that Mrs. Caldwell could replace her black olive tree with another shade tree of an appropriate species. She should have been allowed to do that from the outset. Mayor Lynch declared a recess, the time being 6:50 P.M. The meeting reconvened at 7:00 P.M. PUBLIC HEARINGS 10~A~ ORDINANCE NO. 38-93; An ordinance amending the City's Code to provide for a one-time, five percent (5%) increase for Police and Fire retirees and beneficiaries of retirees who re- tired prior to October 1, 1990. Prior to consideration of pas- sage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Attorney stated there have been some changes made in the caption and the body of the ordinance. If the Commis- sion would like to go with the substitute language, it will be considered as a First Reading tonight and then scheduled for a Public Hearing, due to those changes. Mayor Lynch recommended that the revised ordinance be read. If passed, a Public Hearing for Second and FINAL Reading will be held May 25, 1993. The City Manager presented Ordinance No. 38-93: -I0- 5/11/93 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 AMENDING SECTION 33.68, SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM BENEFIT FOR MEMBERS WHO RETIRED PRIOR TO CERTAIN DATE", TO PROVIDE INCREASES IN BENEFIT LEVELS TO CURRENT RETIREES AND BENEFICIARIES OR PERSONS WHO TERMINATED EMPLOYMENT PRIOR TO OCTOBER 1, 1990, AND BEGAN RECEIVING BENEFITS PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE; TO RETROACTIVELY PROVIDE INCREASES TO CERTAIN BENEFICIARIES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. A public hearing was held at the request of Mayor Lynch. Doak Campbell stated he has been asked by former Police Chief Kilgore to make a statement regarding the effective date of the ordinance. Mayor Lynch advised that the amended caption did not affect the effective date. Mr. Campbell noted that the former Chief was instrumental in attempting to get this raise for the Police and Fire pensioners. During the course of that time, an effective retirement date of January 1, 1991 was discussed. Subsequently, the ordinance was amended or a change was made that made it effective as of October 1, 1990. As a result, the former Chief does not qualify for that 5% increase. On behalf of former Chief Kilgore, he is requesting that the effective date be moved back from October 1, 1990 to January 1, 1991, in the belief that there is no adverse consequences for the City in doing that. Robert Brown, Chairman of the Police and Fire Board of Trustees, stated that the original date requested was January 1, 1991, and requested that the Commission reconsider and again make that effective date January 1, 1991, as opposed to October 1, 1990. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 38-93 on First Reading, 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. 11. Comments and Inquirig~ on Non-Agenda Item~ from ~he Public-Immediately Following Public Hearing~, -11- 5/11/93 ll.A.1. The City Manager stated, in response to William An- drew's concern regarding the widening of N.E. 4th Street between Federal Highway and N.E. 2nd Avenue, in 1989 the City Commission granted a waiver to dedication requirements to allow for the maintenance of a sixty (60) foot right-of-way instead of requiring dedication up to an eighty (80) foot right-of-way so the existing right-of-way would remain under current policy. At that same meeting, direction was provided for four lanes for this particular section of the roadway. ~l,A,2. The City Manager stated there was a comment about the need to allow for more seating space in the Conference Room when worksessions are held. Tables will be removed and a maximum allowable number of chairs will be available in the future. li.A.3. The City Manager commented that there was an inquiry about the removal of Yucca trees on Linton Boulevard. The work request has been issued to have the trees removed and replaced with a more appropriate species and completion date is scheduled for the end of May. ll,A,4, The City Manager stated that Mr. William Hegstrom expressed concern with regard to a notice of non-conforming landscaping he had received from the City. This has been re- viewed and staff believes that the ordinance has been correctly applied in his situation, but the City will continue to work with him and his concerns. ll.B, From the Public. 1!..~,~. Mr. Alfred Straghn. 26 $,W. 5~h Avenue. Delray Beach, expressed concerns about what he had read in the newspaper con- cerning the matter of Officer James Cook (that is, the City Manager would uphold the Police Chief's recommendation to termi- nate). Mr. Straghn stated that if what he read is true, he is disturbed that such a severe action would be taken for something that is not that serious in his mind. Everyone makes mistakes, and he feels that a personal vendetta is ongoing against the Cooks since he is sure there are other Police Department employ- ees who have done far worse and not been fired. Mr. Straghn asked the Commission to consider the matter and discuss it fur- ther with the City Manager. l~,B.3~ Mr. Arthur Jackel. Chairman. United Property Owners of Delray Beach, expressed his support for the earlier comments by Mr. Eckerle, and requested that the City staff be held responsi- ble to the City Manager who, in turn, is responsible to the City Commission. ll.B.4. Pastor Lenard Johnson. Mount Olive Missionary Baptist Church, spoke concerning the Officer Cook issue. He stated he is concerned about the effect this is having on the community, and feels there has been enough discussion about this matter to try to deal with some of the issues. Pastor Johnson further stated -12- 5/11/93 that the community in and around Mount Olive Church is no longer the way it was when Officer Cook was working that area, but has gone back to the old problems. He felt Officer Cook did a fine job, was an asset in communicating with the people and requested that the Commission take this into consideration and ask that the City Manager have some more discussions in this regard. The City does not have that many Black Police officers and the community needs role models. ll.B.5. M~, Alice Finst, 707 Place Tavant, complimented Assis- tant City Manager Bob Barcinski on his speech and representation of Delray Beach at a recent League of Women Voters meeting, and also complimented City Manager David Harden for his conduct and handling of the discussion at the close of the May 4, 1993, workshop session. Ms. Finst also spoke regarding the appearance of Con- gress Avenue. She feels some type of immediate action from Code Enforcement is necessary, even if it is only to get in and mow some of the overgrown lots. Site plans for the properties should be reviewed to be sure signage is put back the way it should be, and the street itself is in very bad shape from Atlantic Avenue north to Lake Ida Road. Ms. Finst complimented Mr. Clay Wideman on the improve- ments to his building on West Atlantic Avenue and suggested that some sort of recognition from the City as to his efforts would be appropriate. Il.B,6, Mrs. Ardeth Dobson. 907 S.W. 3rd Court. Delray Beach, spoke in support of Officer James Cook's character and his ef- forts with community young people, including the help he. had given to her own children when they were in trouble. She has received very little help from the Police Department, but Offi- cers James and Verna Cook have always offered help and support. If Officer Cook is terminated, Mrs. Dobson feels her community will have been done a great injustice. ll.B.7. Mr. Robert Burns, 2578 Lake Ida Road, Delra¥ Beach, thanked the City Manager and those members of the Commission who stayed to listen to his concerns at the last meeting on May 4, 1993. Mr. Burns spoke regarding Officer Cook and expressed his concern that he would be fired over something as small as this, when there are other Police officers who have done far worse and are still on the force. Officer James Cook has done a great job in the Black community and Mr. Burns feels it is a shame that the Police Chief is trying to terminate him. ll,B,8, Mr. Daniel Wright. 106 N.W. 12th Avenue. Delray Beach, spoke in support of Officer Cook and the job he had done in the community. -13- 5/11/93 l~.B.9. Mr, Eddie William Jones, 314 N,W, 4~h Avenue. Delray Beach, stated that he was concerned about the community since Officer Cook was taken out of the area. He asked the City Manag- er and the members of the City Commission to consider the good works Officer Cook has done for the City and to give him his job back. Mayor Lynch declared the meeting adjourned at 7:30 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 May 11, 1993, which minutes were formally approved and adopted by the City Commission on h~_/~z/ ~ /~g& · 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. -14- 5/1 /93 HOMEOWNERS ASSOCIATION, INC. 385 S.W. 27TH TERRACE DELRAY BEACH, FLORIDA 33445 NOTES ON TREE EXCHANGE PROJECT OF GERTRUDE CALDWELL, 372 SW27 Ave. WOODLAKE DEVELOPMENT (PRD-6) Mrs. Caldwell asked the Woodlake Management for the proper procedure to change her black olive tree to another specie since her car and walkway were being stained from the tree. Woodlake was built with only a small one-car garage and one-car ;d~iveway in front of garage. We are a twe patio attached home community. However, they are taxed as single family homes. We have two and three bedroom homes. Woodlake also has approximately 20 detached homes with double garages backing up to Homewood Blvd. Patio homes lots are on a 45' frontage for each side. In 1978 or 1979 the City Council approved all landscaping plans. Several years later, when requested, the City could not locate these plans or the plans for my residence. A permit was issued for my house and the attached unit, but for two smaller models.(Fees paid were according to square footage). I was shown a room with plans stacked haphazardly and told requested plans might be there, but city would not look for them. Later, when I was a member of the Community Appearance Board, this same developer appeared before the board requesting approval for a development (now known as Clearbrook). At that time, he had completed the last 4 single family homes in Woodlake. He promised the CAB to place a tree in front of each house (check minutes). Several times in the next few months I spoke to Nancy Davila about the trees not being planted. Nothing was done! Some of the new owners have planted trees, but some have not, to this day., Many residents changed trees, removed trees, etc. in Woodlake without goint through city permit procedure, or our Architectural Review Committee. Tree trimming in the front lawns is the responsibility of the homeowners association. Replacement is responsibility of owner. The association takes care of the masonry walls. Shadowbox fencing is responsibility of owner. The association also cleans the sidewalks at least once a year, and also maintains the swale area and lawns between the sidewalk and front fence of each home. HOMEOWNERS ASSOCIATION, INC. 385 S.W. 27TH TERRACE DELRAY BEACH, FLORIDA 33445 Mrs. Caldwell called the Woodlake office concerning here black olive tree. She owns a vintage car that must be kept in the garage and must park her second car in the driveway under the black olive tree. Thus, it is stained constantly. Instead of replacing the tree without going thru proper procedure, she did the correct thing. Woodlake Architectural Review Committee approved her application and advised her of the necessity of obtaining a city permit. We also provided her with a copy of our documents to show Mrs. Davila when she applied for a permit, at which time M rs. Davila kept her waiting for forty-five minutes, and was then told Mrs. Davila would have to investigate the situation herself. Upon examining the tree and our community. Mrs. Davila said we have at least 50 black olive trees and she doesnot want fifty cases. Therefor she refused to issue a permit. Please note that an article appeared in the April 30, 1993 issue of the Delray News, advising that plack olive trees are not stable trees for hurricane winds. We feel Mrs. Davila has an attitude problem and lets her personal feelings affect her decisions. Sincerely, RICHARD L. ECKERLE, Chairman Architectural Review Committee Woodlake Homeowners Association. P.S. Mrs. Davila has changed the plantings in the center island of Homewood Blvd. many times in the last few years.