02-11-92 FEBRUARY 11, 1992
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 6:10 P.M., Tuesday, February 11,
1992.
1. Roll call showed:
Present - Commissioner Jay Alperin
Commissioner William Andrews
Commissioner Armand Mouw
Commissioner David Randolph
Mayor Thomas E. Lynch
Absent - None
Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz
2. The opening prayer was delivered by Reverend Richard Bass,
Pastor of the St. Mary's the Virgin American Episcopal Church.
3. The Pledge of Allegiance to the flag of the United States of
America was given.
4. The City Attorney requested that Item 6.G. be deleted because
{his is no longer necessary.
Dr. Alperin moved for approval of the Agenda, as amended,
seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr.
Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0
vote.
5. Dr. Alperin moved for approval of the Regular Meeting minutes
of January 14, 1992, seconded by Mr. Andrews. Upon roll call the
Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr.
Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed
with a 5 to 0 vote.
Dr. Alperin moved for approval of the Regular Meeting minutes
of January 21, 1992, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes;
Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion
passed with a 5 to 0 vote.
Dr. Alperin moved for approval of the Special Meeting Minutes
of January 7, seconded by Mr. Andrews. Upon roll call the Commission
voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw -
Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5
to 0 vote.
Dr. Alperin moved for approval of the Special Meeting minutes
of January 23, 1992, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr.
Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0
vote, with Mr. Andrews abstaining for the stated reason that he was not
present at this meeting.
6. Proclamations.
6.A. Mayor Lynch read and presented a proclamation proclaiming
February 13, 1992 as "Forget Me Not Day" in honor of the Disabled
American Veteran's Chapter 152.
6.B. Commissioner Randolph read and presented a proclamation to
Atlantic Lodge 9217/Boynton-Delray Lodge 9206, proclaiming February 19,
1992, as "Pythian Founders Day".
6.C. Commissioner Mouw read and presented a proclamation proclaiming
the month of February, 1992, as "American History Month".
6.D. Commissioner Alperin read and presented a proclamation pro-
claiming the week of February 16 through February 22, 1992, as "PTA
Week".
6.E. Commissioner Andrews read and presented a proclamation pro-
claiming the period of February 20 through March 1, 1992 as "Shrine
Hospital Days".
6.F. Mayor Lynch read and presented a proclamation proclaiming the
month of February, 1992 as "Children's Dental Health Month". Dr.
Alperin accepted the proclamation.
6.H. The City Attorney read and presented a proclamation calling for
a Special Election to be held on Tuesday, the 10th day of March, 1992,
between the hours of 7:00 A.M. and 7:00 P.M., and designating the
precincts and polling places in the City of Delray Beach.
7. Presentations. None.
CONSENT AGENDA
The following items were considered by the Commission as the
Consent Agenda:
8.A. Change Order No. 3/B.K. Marine Construction, Inc. The Commis-
sion is to consider approval of Change Order No. 3 which extends the
contract completion date by 20 days for the Veteran's Park Bulkhead
Replacement and Marginal Dock project. Approval is recommended.
8.B. Authorization to Ex~end Fuqding From the Federal Forfeiture
Assets Fund. The Commission is to consider authorizing staff to expend
funding in an amount not to exceed $2,500 from the Federal Forfeiture
Assets Fund (Account No. 115-2112-521-34.11) in order to purchase
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supplies to initiate the Citizens Police Academy program. Approval is
recommended.
8.C. Authorization for Palm Beach County Supervisor of Elections to
Handle/Canvass Absentee Ballots and Represent the City at Logic and
Accuracy Tests for First Nonpartisan and Special Election. The Commis-
sion is to consider authorizing the Supervisor of Elections to han-
dle/canvass the City's absentee ballots and represent the City's can-
vassing board at L & A tests for the March 10, 1992 election. Approval
is recommended.
8.D. Approval of Payment Agreement. The Commission is to consider
approval of a payment agreement for the collection of outstanding
accounts receivables due to the City. Approval is recommended.
8.E. Renewal of Employees Assistance Program Contract. The Commis-
sion is to consider approval of a renewal of the agreement with Human
Affairs International for the Employees Assistance Program through
September 30, 1992 in the amount of $16,983 with funding from Employee
Assistance Program (Account No. 001-555-1575-591-34.89). Approval is
recommended.
8.F. Request for Final Payment/Post, Buckley, Schuh and Jernigan.
The Commission is to consider approval of the request for final payment
in the amount of $798.16 to PBS&J for services performed prior to the
termination of Service Authorization No. 15, "Master Wastewater Pump
Station Improvements - Veteran's Park". Approval is recommended.
8.G. Amendment No. 2 to Service Authorization No. 4/CH2M Hill. The
Commission is to consider approval of Amendment No. 2 to Service Author-
ization No. 4 in the amount of $31,176 for additional engineering
services during design and construction of water and sewer services for
former enclave areas. Approval is recommended.
8.H. Amendment to Addendum No. 6/CH2M Hill. The Commission is to
consider approval of an amendment to Addendum No. 6 in the amount of
$19,596 for additional engineering services in conjunction with the
Emergency Wellfield Remediation project. Approval is recommended.
8.I. ~pproval of Survey Services Contract. The Commission is to
consider approval of a standard contract for surveying services with
Survey South. Approval is recommended.
8.J. Authorization to Join in Lawsuit. The Commission is to consid-
er authorizing staff to join in a lawsuit with other municipalities and
individuals in seeking to enjoin and/or invalidate the election on the
proposed Charter Amendment concerning the County-Wide Growth Management
Land Use Authority and to retain the law firm of Jones and Foster to
represent the City. Approval is recommended.
8.K. Approval of Agreement Between the City and Palm Beach County
School Board. The Commission is to consider approval of an agreement
between the City and School Board for joint project participation in
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construction of sanitary sewer improvements within the right-of-way of
Barwick Road. Approval is recommended.
8.L. Mutual Aid Agreement. The Commission is to consider approval
of a mutual aid agreement for the establishment of a Multi-Jurisdic-
tional Roadway Sobriety Checkpoint Task Force. Approval is recommended.
8.M. Authorization to Initiate Rezoning Action. The Commission is
to consider authorizing staff to initiate rezoning action from R-lA
(Single Family Residential) to CF (Community Facilities) for the Ameri-
can Legion located on the southwest corner of N.W. 8th Avenue and Martin
Luther King Boulevard. Approval is recommended.
8.N. Authorization to Initiate Annexation Action. The Commission is
to consider authorizing staff to initiate annexing action with initial
City zoning of MH (Mobile Home) zoning district for the Highland Mobile
Home Park located on the northwest corner of Barwick Road and Atlantic
Avenue. Approval is recommended.
8.0. Final Plat Approval. The Commission is to consider approval of
the Groves of Delray Plat No. 1, (boundary) plat for Lots 23-28, Block
5, of the Southridge Subdivision located on the northeast corner of S.W.
8th and Douglass Avenues. Approval is recommended.
8.P. Resolution No. 20-92. Resolution No. 20-92, abandoning a
portion of a 12-foot utility, drainage and limited access easement
located within Lot 29, Block 1, Foxpoint (Hamlet Subdivision), is before
the Commission for consideration. Approval is recommended.
The caption of Resolution No. 20-92 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF A 12
FOOT UTILITY, DRAINAGE AND LIMITED ACCESS EASEMENT LYING
WITHIN LOT 29, BLOCK 1, FOXPOINT, AS RECORDED IN PLAT
BOOK 32, PAGES 107 AND 108 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED HEREIN.
(Copy of Resolution No. 20-92 is on file in the official
Resolution Book)
8.Q. Resolution No. 21-92. Resolution No. 21-92, assessing
the cost for abating nuisances on 32 properties located within the
City, is before the Commission for consideration. Approval is
recommended.
The caption of Resolution No. 21-92 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
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LIEN SHALL ACCOMPANY 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; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
(Copy of Resolution No. 21-92 is on file in the official
Resolution Book)
8.R. Award of Bids and Contracts.
1. Road Reconstruction Project Part A - Tropic Isle, Iris
Drive, Spanish Trail and Avenue L - Weekly Asphalt and Paving,
Inc., in the amount of $151,974 with funding from Decade of
Excellence Bond Issue (Account No. 225-3162-541-61.17).
2. Stormwater Drainage Improvements (Phase I) - N.E. 8th
Street/Palm Trail, N.E. 2nd Street/N.E. 4th Avenue, S.E. 8th
Street, - A.O.B. Underground, Inc., in the amount of
$47,130 with funding from Stormwater Utility - Drainage
Phase I (Account No. 448-5411-538-62.16).
3. Toro Fairway Aerator - Municipal Golf Course - Hector Turf
(GSA Contract) in the amount of $17,714.43 with funding from
Municipal Golf Course Equipment Other (Account No.
445-4761-572-60.89).
4. Snap-Tite "TPX" fire hose (2,600 feet) - Fire Department -
Snap-Tite Hose, Inc., in the amount of $14,300 with funding
from Fire EMS Operations/Pumps and Hoses (Account No.
001-2315-526-60.88).
Dr. Alperin moved for approval of the Consent Agenda, seconded
by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw
- Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor
Lynch - Yes. Said motion passed with a 5 to 0 vote.
REGULAR AGENDA
9.A. Review of Appealable Land Development Actions of Various
Boards. The Commission is to consider accepting actions and decisions
made by the Planning and Zoning Board, Site Plan Review and Appearance
Board and the Historic Preservation Board during the period January 20,
1992 through February 7, 1992.
Dr. Alperin moved to receive and file the report, seconded by
Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin
- Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr.
Mouw - Yes. Said motion passed with a 5 to 0 vote.
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9.B. Ordinance No. 88-91. Ordinance No. 88-91, rezoning Lots 23-28,
Block 5, Southridge Subdivision from R-lA (Single Family Residential) to
RM (Medium Density Residential) zoning district, is before the Commis-
sion for consideration on Second and FINAL Reading. The Public Hearing
was opened and closed on December 10, 1991. Planning and Zoning Board
recommends approval (3-2 vote), subject to the following condition:
1. That the plat and access easement be in place prior to
the City Commission taking action on the second reading to
consummate the rezoning.
The City Manager presented Ordinance No. 88-91:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-lA (SINGLE FAMILY DWELLING) DISTRICT
IN RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY)
DISTRICT; SAID LAND BEING LOTS 23-28, BLOCK 5,
SOUTHRIDGE, ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 13, PAGES 38 AND 39 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; AND AMENDING "ZONING
DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING
A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 88-91 is on file in the official Ordi-
nance Book)
The City Manager advised this ordinance was not adopted at the
Regular Meeting of December 10, 1991, pending compliance by the develop-
er with certain conditions of platting, which have now been met.
Mr. Randolph moved for the adoption of Ordinance No. 88-91 on
Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the
Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr.
Andrews - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed
with a 5 to 0 vote.
9.C. Conditional ~se Request. The Commission is to consider a
request for conditional use approval to establish a Bingo Hall in the
Points West Plaza located on West Atlantic Avenue, west of Military
Trail. Planning and Zoning Board recommends approval, subject to the
following conditions:
A. Limitation on the hours of operation from 6:30 P.M. to
11:00 P.M.
B. Limitation on days of operation to six days a week.
C. Provision of traffic control personnel at the West
Atlantic Avenue entry for each Bingo session.
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D. Submittal of an administrative relief request to double
count parking spaces based on a commitment to rent or
lease the balance of the site to uses with differing
hours of operation (i.e. 8:00 A.M. to 5:00 P.M.).
E. Installation of signage to prohibit parking to the south
of the center as well as signage routing westbound
traffic behind Sun Bank to an existing traffic signal.
F. Subject to verification of the proposed ingress/egress
easement behind Sun Bank.
Jim Johnson, Architect, gave a brief presentation showing the
location of the property that was annexed into the City in April, 1991.
Mayor Lynch recommended that a dumpster be placed there if food
will be served. He also questioned if a mirror can be installed at the
point where vehicles will be turning onto Atlantic Avenue. Mr. Johnson
stated that would be no problem.
Upon request by Dr. Alperin, a requirement of security at the
entrance period was added. He also requested that a new dumpster be
located at the site.
Mayor Lynch questioned if there is a way that the Commission
can review this in six months to ensure that the neighbors are not being
abused. The City Manager stated it should become a part of the condi-
tional use, which can be revoked if those conditions are not met.
Helen Coopersmith, resident, stated she objects to a 5:00 P.M.
opening time that was requested by the architect, due to the traffic at
that time of day.
Elizabeth Missage and Rita Vickery, residents of the area,
spoke in opposition to the Bingo Hall.
Irvin Steinberq, President of the Florida Veterans Memorial
Building Fund, Inc., stated he would like to assure the Commission that
a guard will be placed at the roadway during opening hours and all
conditions will be met.
The City Manager commented that the same governmental body that
created this situation wants to take land use control Countywide and
cautioned the public to vote "NO" on March 10, 1992 against that pro-
posal.
Dr. Alperin moved for approval of the request for a conditional
use to establish a Bingo Hall in the Points West Plaza, subject to the
conditions itemized and those added by the City Commission regarding the
deletion of the West Atlantic entrance by moving it to the south portion
of the site during entrance hours, that the operation be conducted in
such a manner that all trash be contained in the dumpster areas and the
installation of a mirror, seconded by Mr. Mouw. Upon roll call the
Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - No; Mr.
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Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No. Said motion passed
with a 3 to 2 vote.
At this point, the time being 7:00 P.M., the Commission moved
to the duly advertised Public Hearing portion of the agenda.
PUBLIC HEARINGS
10.A. Ordinance No. 1-92. Ordinance No. 1-92, rezoning the O.C.
Taylor Dealership from GC (General Commercial) to AC (Automotive Commer-
cial) zoning district, is before the Commission for consideration on
Second and FINAL Reading. Planning and Zoning Board recommends denial.
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. 1-92:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN AC
(AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING LOTS
19 THROUGH 27, BLOCK 11, OSCEOLA PARK, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 2, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND
BEING MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING
"ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990";
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 1-92 is on file in the official Ordi-
nance Book)
Assistant City Attorney Tolces read the caption of the ordi-
nance. A public hearing was held having been legally advertised in
compliance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida. The public hearing was closed.
Mr. Mouw moved for the adoption of Ordinance No. 1-92 on Second
and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commis-
sion voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin -
No; Mr. Andrews - Yes; Mr. Randolph - No. Said motion passed with a 3
to 2 vote.
10.A.1. Request for Waiver of Land Development Regulation Provisions.
The Commission is to consider a request for a waiver of LDR Section
4.4.10 (F) (2), minimum depth and lot size requirements, specifically for
the purpose of operating a full service automotive dealership.
Mr. Mouw moved for approval of the request for waiver, seconded
by Mr. Andrews. Upon roll call the Commission voted as follows: Mr.
Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes;
Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote.
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Before roll call the following discussion was had:
Dr. Alperin questioned if this limits the use to new car
dealerships only. Mr. Kovacs responded that is correct. Mayor Lynch
added that this cannot become a used-car lot.
At this time the roll was called to the motion.
10.B. Ordinance No. 2-92. Ordinance No. 2-92, amending the Land
Development Regulations to delete the provision regulating banners from
the AC (Automotive Commercial) zoning district regulations, is before
the Commission for consideration on Second and FINAL Reading. Planning
and Zoning Board recommends approval. 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. 2-92:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL
(AC) DISTRICT", SUBSECTION 4.4.10(G), "SUPPLEMENTAL
DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT REGULA-
TIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEAL-
ING SUBPARAGRAPH 4.4.10(G) (5) (d) TO ELIMINATE ALL
LANGUAGE REGARDING BANNERS IN THE AUTOMOTIVE COMMER-
CIAL (AC) DISTRICT; BY RELETTERING SUBPARAGRAPHS
4.4.10(G) (5) (e) AND 4.4.10(G) (5) (f); PROVIDING A
SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING
AN EFFECTIVE DATE.
(Copy of Ordinance No. 2-92 is on file in the official
Ordinance Book)
Assistant City Attorney Tolces read the caption of the ordi-
nance. A public hearing was held having been legally advertised in
compliance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida. The public hearing was closed.
Mr. Randolph moved for the adoption of Ordinance No. 2-92 on
Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the
Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr.
Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - No. Said motion passed
with a 4 to 1 vote.
10.C. Ordinance No. 3-92. Ordinance No. 3-92, correcting the Code of
Ordinances to reduce the gallons of water on which the sewer commodity
charge is based from 15,000 gallons to 12,000 gallons, is before the
Commission for consideration 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. 3-92:
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC
WORKS", CHAPTER 54, "SEWERS", SUBHEADING "RATES AND
CHARGES", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 54.32,
"SERVICE RATES AND CHARGES", SUBSECTION (B) (1), TO
CORRECT THE NUMBER OF GALLONS ON WHICH THE COMMODITY
CHARGE IS BASED; PROVIDING A SAVING CLAUSE; PROVIDING
A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE
DATE.
(Copy of Ordinance No. 3-92 is on file in the official
Ordinance Book)
Assistant City Attorney Tolces read the caption of the ordi-
nance. A public hearing was held having been legally advertised in
compliance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida. The public hearing was closed.
Mr. Mouw moved for the adoption of Ordinance No. 3-92 on Second
and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commis-
sion voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor
Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed
with a 5 to 0 vote.
10.D. Ordinance No. 4-92. Ordinance No. 4-92, amending the Land
Development Regulations to provide that the Board of Construction
Appeals shall hold at least four regularly scheduled business meetings
each year, provided there is business to be considered, is before the
Commission for consideration on Second and FINAL Reading. City Manager
recommends approval. Prior to consideration of passage of this ordi-
nance on Second and FINAL Reading, a public hearing has been scheduled
to be held at this time.
The City Manager presented Ordinance No. 4-92:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER TWO, "ADMINIS-
TRATIVE PROVISIONS", SECTION 2.2.5, "THE BOARD OF
CONSTRUCTION APPEALS", OF THE LAND DEVELOPMENT REGULA-
TIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING SUBSECTION 2.2.5(C) (1), TO
PROVIDE THAT THE BOARD OF CONSTRUCTION APPEALS SHALL
HOLD AT LEAST FOUR REGULARLY SCHEDULED BUSINESS
MEETINGS EACH YEAR, PROVIDED THERE IS BUSINESS TO BE
CONSIDERED; PROVIDING A SAVING CLAUSE; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 4-92 is on file in the official Ordi-
nance Book)
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Assistant City Attorney Tolces read the caption of the ordi-
nance. A public hearing was held having been legally advertised in
compliance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida. The public hearing was closed.
Mr. Randolph moved for the adoption of Ordinance No. 4-92 on
Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the
Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr.
Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed
with a 5 to 0 vote.
10.E. Ordinance No. 5-92. Ordinance No. 5-92, amending the Code of
Ordinances by enacting a new subsection to provide that the Clerk of the
Court or Traffic Violation Bureau shall supply the Department of Highway
Safety and Motor Vehicles with a listing of persons who have three or
more outstanding parking tickets for the purpose of placing administra-
tive stops on the issuance of license plates or revalidation of stickers
of those persons appearing on the list, is before the Commission for
consideration on Second and FINAL Reading. City Manager recommends
approval. 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. 5-92:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE VII, "TRAFFIC
CODE", CHAPTER 71, "PARKING REGULATIONS", BY AMENDING
SECTION 71.091, "LIABILITY FOR PAYMENT OF PARKING
TICKET VIOLATIONS", BY ENACTING A NEW SUBSECTION (F),
TO PROVIDE THAT THE CLERK OF THE COURT OR THE TRAFFIC
VIOLATION BUREAU SHALL SUPPLY THE DEPARTMENT OF
HIGHWAY SAFETY AND MOTOR VEHICLES WITH A MAGNETICALLY
ENCODED COMPUTER TAPE REEL OR CARTRIDGE THAT IS
MACHINE READABLE BY THE INSTALLED COMPUTER SYSTEM AT
THE DEPARTMENT, LISTING PERSONS WHO HAVE THREE OR MORE
OUTSTANDING PARKING TICKETS FOR THE PURPOSE OF PLACING
ADMINISTRATIVE STOPS ON THE ISSUANCE OF LICENSE PLATES
OR REVALIDATION STICKERS OF THOSE PERSONS APPEARING ON
THE LIST; PROVIDING A GENERAL REPEALER CLAUSE; PROVID-
ING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 5-92 is on file in the official
Ordinance Book)
Assistant City Attorney Tolces read the caption of the ordi-
nance. A public hearing was held having been legally advertised in
compliance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida. The public hearing was closed.
Dr. Alperin moved for the adoption of Ordinance No. 5-92 on
Second and FINAL Reading, seconded by Mr. Mouw0 Upon roll call the
Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr.
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Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion
passed with a 5 to 0 vote.
9.F. Ordinance No. 7-92. Ordinance No. 7-92, adopting Emergency
Management Procedures, is before the Commission for consideration on
Second and FINAL Reading. City Manager recommends approval. 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. 7-92:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 95, "CIVIL
DEFENSE AND EMERGENCIES", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING
CHAPTER 95, "CIVIL DEFENSE AND EMERGENCIES", AND BY
ENACTING A NEW CHAPTER 95, "EMERGENCY MANAGEMENT"; TO
PROVIDE A FRAMEWORK FOR DECLARATION OF EMERGENCIES,
PROVIDING FOR DEFINITIONS; APPLICABILITY OF PROVI-
SIONS; EMERGENCY MANAGEMENT STRUCTURE; POWERS, DUTIES
AND RESPONSIBILITIES; DECLARATION OF STATE OF EMERGEN-
CY; TERMINATION OF A STATE OF EMERGENCY; POLICE
EMERGENCIES; FIRE AND HAZARDOUS MATERIALS EMERGENCIES;
UTILITY EMERGENCIES; WEATHER EMERGENCIES; SUSPENSION
OF LOCAL BUILDING REGULATIONS; CERTIFICATION OF
EMERGENCY CONDITIONS; AND PENALTIES; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 7-92 is on file in the official
Ordinance Book)
Assistant City Attorney Tolces read the caption of the ordi-
nance. A public hearing was held having been legally advertised in
compliance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida. The public hearing was closed.
Mr. Mouw moved for the adoption of Ordinance No. 7-92 on Second
and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commis-
sion voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes;. Mr. Andrews -
Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5
to 0 vote.
10.F.1. Resolution No. 22-92. Resolution No. 22-92, approving the form
of a standard proclamation and eight resolutions which may be used to
declare and to confirm a state of emergency, is before the Commission
for consideration. City Manager recommends approval.
The City Manager presented Resolution No. 22-92:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RELATING TO EMERGENCY
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MANAGEMENT; APPROVING THE FORM OF A STANDARD PROCLAMA-
TION AND EIGHT STANDARD RESOLUTIONS WHICH MAY BE
UTILIZED TO DECLARE AND TO CONFIRM A STATE OF EMERGEN-
CY, AND TO IMPOSE CERTAIN RESOLUTIONS DURING A STATE
OF EMERGENCY; PROVIDING AN EFFECTIVE DATE.
(Copy of Resolution No. 22-92 is on file in the official
Ordinance Book)
Mr. Randolph moved for the adoption of Resolution No. 22-92,
seconded by Dr. Alperin. Upon roll call the Commission voted as fol-
lows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor
Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote.
11. Comments and Inquiries on Non-Agenda Items from the Public.
ll.A.1. The City Manager stated in response to an inquiry at the last
meeting regarding which City Boards had a residency requirement, the
following Boards require that a member must be a resident or own proper-
ty or a business in the City: Board of Adjustment, Downtown Development
Authority, Historic Preservation Board, Planning and Zoning Board and
Site Plan Review and Appearance Board. The one Board requiring residen-
cy is the Code Enforcement Board. To become a member of the Community
Redevelopment Agency, a member must reside in the City or be engaged in
business in the CRA area. To become a member of the Education Board,
one must be a resident or have a child that attends public schools in
Delray Beach. There are several Boards that do not require residency,
such as the Board of Construction Appeals, Civil Service Board and the
Delray Beach Housing Authority, etc. There are others where residency
is not mandatory but, due to the nature of the committee, the require-
ments are established in State Statutes.
ll.A.2. The City Manager stated another question was in regard to
difficulty a resident was experiencing in obtaining a seawall permit
from the County. The City is intervening and trying to assist. He is
of the opinion that the County staff is overextending some of their
regulations and he hopes to have it resolved soon.
ll.B.1. Lillian Feldman, resident, questioned the status of a previous
request for a survey of traffic on Homewood Boulevard.
ll.B.2. Charlotte Lees, resident, questioned if permits are required in
order to conduct protest marches in Delray Beach and how much time is
spent by the Police Department or the City to oversee these marches.
The City Manager responded that persons usually contact the Police
Department. If the march is to remain on the sidewalk or personal
property, no permit is required; however, if they plan to use the
street, a parade permit is required. Should it be planned on a State
Road, both a City and a State permit is required.
ll.B.3. Helen Coopersmith, resident, stated she is concerned about
voter turnout and questioned what the City plans to do regarding the
March 10th election and the referendum on growth management being
promoted by the County. The City Manager advised this is a Presidential
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determination of the appropriateness of constructing boardwalks on the
Florida Inland Navigation District (FIND) property located on the east
side of the Intracoastal Waterway approximately one-quarter mile south
of the Anchorage subdivision.
David Kovacs, Director of Planning, stated at the P&Z Board
meeting when the conceptual plan was presented, there were concerns
raised regarding the boardwalks in relation to unrestricted access to
private property and the possibility of trespassing and vandalism. Upon
a request from Mr. Swaim, a letter was sent to FIND expressing these
concerns and the fact that there is no security.
William Swaim, applicant, stated FIND sent a letter and is
insisting that the boardwalk be installed. He is requesting direction
for a resolution to the problem.
Dr. Alperin expressed the feeling that he is not in favor of
having the City own this property. There is no parking provided, no
police security and no allowance for clean up and maintenance. If the
City takes it over, it will be opened to the public, and it will then
become the responsibility of the City to provide these services.
Mr. Andrews suggested that the boardwalk be designed for use as
a learning tool, to instruct groups, etc. about the local environment.
Mr. Mouw stated he feels a nice park with the boardwalk would
be great; however, the three issues of parking, policing and cleanup/-
maintenance need to be properly addressed.
Evelyn Everett, Harbor Drive, questioned the necessity for
lookout towers and why the boardwalk cannot be relocated in the middle
as opposed to the edge of the property.
Jerry Marshall, resident, expressed the feeling that this would
make a beautiful addition to the City.
Matt. Gracey, 1109 Harbor Drive, stated he is concerned about
the development of this park. He is aware of several problems with this
parcel, including odor and a severe bug problem. He feels the Commis-
sion should give this serious consideration.
Mr. Andrews moved to request that FIND allow the City to
proceed with a zoning of R-1AAA. Motion died for lack of a second.
Mr. Mouw moved to contact FIND and instruct them to allow Mr.
Swaim to mitigate his plants and correct the drainage, if necessary, but
make it clear that the City does not want public access built into the
project at this time and state the monetary reasons why, seconded by Mr.
Randolph. Upon roll call the Commission voted as follows: Mr. Andrews
- No; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin
- No. Said motion passed with a 3 to 2 vote.
9.E. Request for Special Consideration to Review Planning and Zoning
Board Items. The Commission is to consider a request for special
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Primary and a large turnout is expected. Ms. Coopersmith added that
PROD has scheduled a meeting at which Commissioner McCarty will speak
and explain the issue to the public.
Ms. Coopersmith suggested that something be done to help
developers display their plans in the Commission Chambers in order that
the public, as well as the Commission, can view future development
proposed for the City.
ll.B.4. Rosalind Murray, Village Drive, requested that the Commission
develop a resolution to ensure that the Boards are uniform. She feels
that all Boards should be open to City residents and should have priori-
ty over those members living outside the City limits.
Ms. Murray, on behalf of WAPOA, stated they oppose the purchase
of a second Golf Course for the City. It is their feeling that funds
now available, or those they may have in the future, should be earmarked
toward developing projects for children and youth, summer job programs,
unemployment, etc.
ll.Bo5. Jean Beer, Tropic Boulevard, stated there is another Charter
Amendment for Environment that is being pushed by the County, although
it is being kept very quiet. This Charter states that each municipality
must pass an environmental ordinance in their Comprehensive Plan that is
as strict or stricter. She feels the Cities are going to be required to
pick up the bills for all the environmental lands the North County
Commissioners decide are within the cities. Mayor Lynch advised that
the City has filed a suit against the County for an injunction not to
place it on the ballot.
ll.B.6. Lillian Feldman, resident, stated there will be a Community
Candidate Forum, to be held at the Delray Beach Golf Course on Highland
Avenue on Thursday, February 20th, at 6:15 P.M.
ll.B.7. Alice Finst, 707 Place Tavant, stated she objects to open
storage of trucks decorated with signage, particularly those at the
Holsum Bakery on Congress Avenue.
Ms. Finst requested an update on the tennis court issue.
ll.B.8. Karen Kiselewski, 3674 Lakeview Boulevard, questioned why
residents are not allowed to park in Anchor Park with a City Beach
Parking permit.
ll.B.9. Mary Ahern, 101 N.E. 4th Street, stated she is a firm believer
of recycling; however, her tenants are recycling their individual
material and selling it. She feels she is paying a fee for a service
that Waste Management does not provide.
At this time the Commission returned to the Regular Meeting
portion of the Agenda.
9.D. Determination of Appropriateness of Boardwalks at Nature
Preserve. The Commission is to consider a request from Mr. Swaim for a
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consideration to review Planning and Zoning Board items to be heard at
their February 24, 1992 meeting at the next Regular Commission meeting
of February 25, 1992. Consideration is recommended.
The consensus of the Commission was to consider the two items,
i.e., the Patio Delray project and the Text Amendments.
9.F. Scheduling for Decade of Excellence Projects. The Commission
is to consider a request from staff to move money between the first and
second issues of the Decade of Excellence Bond Issue and to reallocate
funding to various projects. City Manager recommends approval.
Joe Safford, Director of Finance, stated he would first like to
clarify that this is a schedule, not only for the Decade of Excellence
projects, but also for the 1987 Utility Tax Bond Issue, the 1983, 1984
and 1991 Water and Sewer Bond Issues. He then presented a review of the
status of all projects, noting the following corrections: (1) The Spady
Access Improvements Issue will remain in the First Phase of the Decade
of Excellence and not be delayed as formally believed; (2) The amount of
the Northwest Drainage (Phase II) must be reduced by $200,000, leaving a
balance of $11,963; (3) The Community Center Improvements is moved
forward to the First Phase; (4) $110,000 is being allocated to Fire
Station No. 3 in Phase One in order to begin the initial design work, so
when the Phase Two Bonds are sold construction can commence immediately;
(5) Fire Station No. 4 was in the second half of the Decade of Excel-
lence for $90,000 and that will be placed in Phase One; and, (6)
$100,000 is being set aside for Arbitrage for the penalties expected in
the 1990 Decade of Excellence Bond Issue.
He further explained that most of the projects in the 1987
Utility Tax Bond Issue have been completed and carry surplus balances.
The remaining $90,000 will be used in the Pineapple Grove Drainage
project and $34,584 for completion of the City Attorney's office, which
will fast track the remaining monies in the 1987 Utility Tax Bond Issue.
He recommended that any excesses be used for debt service and, at that
point, the Utility Tax Construction Fund will be closed.
Mr. Safford stated there is a total of $10,000 remaining in the
1983 Water and Sewer Bond Issue for Arbitrage. He recommends setting
aside $8,000 for the Public Utilities complex and the remainder to be
used to pay Ernst and Young, who did the Arbitrage evaluation. At that
point, the 1983 Water and Sewer Bone Issue will be closed. He continued
by explaining that the remaining project in the 1984 Water and Sewer
Bond Issue is the north water plant and he recommends that any remaining
excesses be used for Debt Service and then closing that Issue. This
leaves the 1990 Decade of Excellence and the 1991 Water and Sewer Bond
Fund, the only construction funds open at this point.
Discussion followed with regard to Arbitrage, penalties and
Phase Two of the Decade of Excellence.
Dr. Alperin moved to accept the changes as outlined by the
Finance Director, seconded by Mr. Andrews. Upon roll call the Commis-
sion voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw
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- Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a
5 to 0 vote.
9.G. Service Authorization No. 6/Hazen and Sawyer. The Commission
is to consider approval of Service Authorization No. 6 in the amount of
$198,700 for engineering services in conjunction with the South Water
Reservoir Rehabilitation program with funding from Water and Sewer
Renewal and Replacement Fund - South Reservoir Rehabilitation (Account
No. 442-5178-536-61.80). City Manager recommends approval.
William Greenwood, Director of Environmental Services, stated
the south reservoirs are two major concrete structures; one is a two
million gallon structure and the other a one-half million gallon struc-
ture. Upon inspection, structural deterioration has been found within
the facilities very similar to that found in the north reservoir. The
total construction cost will be in the vicinity of $1,000,000 to
$1,200,000, in addition to the $198,700. Discussion followed.
Mr. Mouw moved for approval of Service Authorization No. 6,
seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr.
Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0
vote.
9.H. Service Authorization No. 2/David Miller. The Commission is to
consider approval of Service Authorization No. 2 to the contract with
David Miller for architectural services in conjunction with the renova-
tions of the City Attorney's office with funding from 1987 Utility Tax -
Renovate City Attorney's office (Account No. 333-1651-514-61.50). City
Manager recommends approval.
Dr. Alperin moved for approval of Service Authorization No. 2,
seconded by Mr. Andrews. Upon roll call the Commission voted as fol-
lows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Ran-
dolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote.
9.I. Contract for Architectural Services/Service Authorization No.
1/Robert Walters. The Commission is to consider approval of a contract
for architectural services and Service Authorization No. 1 to the
contract with Robert Walters for renovations at Fire Station No. 3
(Linton Boulevard) with funding from Decade of Excellence Bond Issue -
Fire Station No. 3 Renovation (Account No. 225-2311-521-61.59). City
Manager recommends approval.
Mr. Randolph moved for approval of the contract for architec-
tural services and Service Authorization No. 1 to the contract with
Robert Walters in the amount of $9,985, seconded by Dr. Alperin. Upon
roll call the Commission voted as follows: Dr. Alperin - Yes; Mr.
Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes.
Said motion passed with a 4 to 1 vote.
9.J. Service Authorization No. 17B/Post, Buckley, Schuh and
Jernigan. The Commission is to consider approval of Service Authoriza-
tion No. 17B, in the amount of $19,661, to the contract with Post,
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Buckley, Schuh and Jernigan for engineering services for the North Tank
project with funding from Water and Sewer Capital Outlay Water Plant
(Account No. 441-5162-536-60.93). City Manager recommends approval.
Mr. Mouw moved for approval of Service Authorization No. 17B,
seconded by Dr. Alperin. Upon roll call the Commission voted as fol-
lows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr.
Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote.
9.K. Appointment of a Member to the Delra¥ Beach Housing Authority.
The Commission is to consider the appointment of a member to the Delray
Beach Housing Authority to fill the unexpired term of William F. Maher
ending October 27, 1995. Approval is recommended.
Dr. Alperin moved to postpone this item to the Regular Meeting
of February 25, 1992, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr.
Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed
with a 5 to 0 vote.
13.A.1. Mayor Lynch requested confirmation that the bonds for the City
will be reviewed, including those for the Municipal Golf Course.
13.A.2. Mayor Lynch stated it has been brought to his attention that a
considerable amount of time is spent by staff, such as the Clerk's
office and the Legal Department to obtain information they feel may be
needed at this election time and questioned if there is something that
needs to be looked at to avoid possible abuse. The City Manager re-
sponded that these are public records and, under Public Record Laws, the
City must comply with what the law requires. Mayor Lynch expressed a
feeling that this be discussed at an upcoming workshop.
13.A.3. Mayor Lynch stated that he had a meeting with several of the
Haitian leaders this morning and feels successful in opening more lines
of communication. He requested that a workshop be scheduled to have the
Commission meet the Haitian leaders and discuss the problems that they
face in the Community and the problems the community faces.
13.A.4. Mayor Lynch commented that he feels the forums scheduled for
the election should be held and that they should be opened up similar to
a Town Meeting where the public can offer topics they would like to
discuss and be given information on the ballot that is pertinent to the
City.
13.A.5. Mayor Lynch remarked that he, too, feels something should be
done with regard to the microphone system in the Commission Chambers.
The City Manager stated there is a portable microphone available and the
people should be made aware of it.
13.A.6. Mayor Lynch stated tomorrow morning at Pompey Park, there is a
meeting of the Delray Merchants Association and he is recommending that
anyone available should attend.
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13.A.7. Mayor Lynch requested permission to put together a three-page
letter to be submitted to the Pension Board. The Pension Board of the
City Police and Fire Departments has institUted a suit that is to go
against the City and this letter will recommend that the City not sue,
but that everyone sit down and try to work out the problem on the extra
benefits, give the reasons why and a formula for how to do it. He is
looking for consensus from the Commission.
13.A.8. Mr. Mouw requested a follow up on the bumps on Andrews Avenue.
13.A.9. Dr. Alperin stated there is a parcel of property on West
Atlantic Avenue which the owner wants to change density from three (3)
units per acre to five (5) per acre. He would like someone to express
concern to the County that the City does not want densities increased
that will impact the City. Upon question, Mr. Kovacs advised that the
City should receive a notice of when this Public Hearing is held in
April at the County level. Mayor Lynch stated he feels staff should
present this to the Planning and Zoning Board and have them make the
decision. Mr. Andrews suggested the Municipal League get involved with
this.
13.A.10. Dr. Alperin reminded everyone that on March 4, 1992 at 4:00
P.M. in the Chambers, the South County Council of Governments will meet,
with Commissioner McCarty being one of the speakers.
13.A.11. Dr. Alperin stated it is his understanding that there is a
movement to circumvent the Sunshine Laws, which he feels the City may
want to participate in. This concerns legal matters and he feels the
City should support it. He recommended that this be checked out with
Kathy Daley to ensure this is something the City wants to support.
13.A.12. Dr. Alperin stated he feels the City should encourage a posi-
tive attitude. Delray is not dying and there are a lot of young people
moving into Delray.
13.C.1. The City Manager stated there has been no confirmation from the
County about next week's meeting regarding the Universal Parkway
Project, Agricultural Preserve Land Use Options and the kinds of con-
cerns raised this evening.
13.C.2. The City Manager questioned if the Commission received their
cards from S.O.L.E. and, if so, would like them to be worn.
13.C.3. The City Manager stated before Christmas, the Commission
discussed a need to relocate a power line that runs through the center
of the block on the south side of the water plant. At that time the
City had received two prices from FP&L; one to relocate an overhead line
down to 7th Street for $30,000 and the other to place it underground for
$53,000. The Commission approved the overhead for $30,000. He assumed
FP&L would install the line on the south side where the street light
poles were located. They decided to install it on the north side and,
in order to do that, they requested that the City remove all the trees.
Upon getting an estimate to remove the trees for $7,000, plus the loss
of all the trees, he decided there must be a better way to do this. An
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alternative was to place the line farther south where there is an
existing power line, but they were concerned about the difficulty of
dragging in poles behind the houses and working in residents' back
yards. It was then decided to place the line farther north of the plant
where another line comes in. This estimate came to $40,000 and FP&L was
told to install it at that location. The total design is now complete
and FP&L informed him that the total cost is $49,200. He then informed
FP&L that for the difference of $3,800 he felt it would be better to
have it placed underground. Now they tell him, to design the under-
ground system will take eight (8) weeks. The construction contract is
ready to commence for the water plant and he does not want any inter-
ference with that construction. He is looking for direction from the
Commission.
Mayor Lynch and the City Manager agreed to call FP&L tomorrow
to see if this can be resolved.
Mayor Lynch declared the meeting adjourned at 9:30 P.M.
Cit~ ~lerk ~
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 February 11, 1992, which minutes were for-
mally approved and adopted by the City Commission on ~/~/~
City ~lerk Y
NOTE TO READER:
If the minutes that you have received are not completed as indicated
above, then this means that these are not the official minutes of 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.
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