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04-28-92 APRIL 28, 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 6:05 P.M., Tuesday, April 28, 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 Neil Hickem of The First Baptist Church of Delray. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. At this point, Mr. Andrews left the Commission Chambers. Dr. Alperin requested Item No. 8.E. (Waiver of Pavement Re- quirements) be moved from the Consent Agenda to the Regular Agenda as Item No. 9.A.A. Mr. Randolph moved approval of the agenda as amended, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 5. Dr. Alperin moved approval of the Regular Meeting minutes of April 14, 1992, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. Mr. Mouw moved approval of the Special Meeting minutes of April 7, 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. Said motion passed with a 4 to 0 vote. 6. Proclamations. A. Mayor Lynch presented a proclamation proclaiming May 10 through May 16, 1992 as "National Preservation Week". B. Mayor Lynch presented a proclamation proclaiming April 26 through May 3, 1992 as "Soil and Water Stewardship Week". C. Mayor Lynch read and presented a proclamation proclaiming May 9, 1992 as "USPTA's Across America Tennis Day". Joe Weldon, Director of Parks and Recreation, accepted the proclamation. 7. Presentations. None. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.A. Authorization to Submit Application For Summer Food Service Program. The Commission is to consider authorizing staff to submit an application to the Florida Department of Education for reimbursement of funds expended to provide lunches for participants in the City's Summer Camp program. Approval is recommended. 8.B. Resolution No. 47-92. Resolution No. 47-92, requesting funding in the amount of $811,827 for Fiscal Year 1993/94, from the Florida Department of Natural Resources for biological monitoring, beach moni- toring, protective walkways, dune revegetation, beach nou~4ishment and attendant engineering services, is before the Commission for considera- tion. Approval is recommended. The caption of Resolution No. 47-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING FUNDING FOR THE FISCAL YEAR 1993/94 FOR BIOLOGICAL MONITORING, BEACH MONITORING, PROTECTIVE WALKWAYS, AND DUE REVEGETATION, BEACH NOURISH- MENT AND ENGINEERING. (Copy of Resolution No. 47-92 is on file in the official Resolution Book) 8.C. Resolution No. 48-92. Resolution No. 48-92, abandoning a 50 foot drainage easement located on the southwest corner of the Lake Ida Church of Christ property at Roosevelt Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 48-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 50 FOOT DRAIN- AGE EASEMENT LYING WITHIN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. (Copy of Resolution No. 48-92 is on file in the official Resolution Book) -2- 4/28/92 8.D. Final Plat Approval. The Commission is to consider approval of the final (boundary) plat for the Lake Ida Church of Christ located on the southwest corner of Lake Ida Road and Roosevelt Avenue. Approval is recommended. 8.E. Please See Item No. 9.A.A. 8.F. Ratification of South Central Regional Wastewater Treatment and Disposal Board Action. The Commission is to consider ratifying the release of $1.5 million from the Sinking fund to the City of Boynton Beach. Approval is recommended. 8.G. Additional Engineering Services/South Central Regional Wastewater Treatment Plant. The Commission is to consider authorizing payment to Camp, Dresser and McKee for additional engineering services with regard to the Odor Abatement and Aeration Basin Project in the amount of $21,732.31; with City's 50% of assessed funding from Water and Sewer Revenue Bond SCWTD Odor Control (Account No. 447-5165-536-33.11). Approval is recommended. 8.H. Ratification of South Central Regional Wastewater Treatment and Disposal Action. The Commission is to consider ratifying closeout Change Order No. 4 to the contract with SCE, Inc. which decreases the contract price by $14,137.31. Approval is recommended. 8.I. Resolution No. 44-92. Resolution No. 44-92, assessing the cost for abatement action necessary to board up an unsafe structure at 142-144 S.W. 13th Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 44-92 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 COST 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 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. 44-92 is on file in the official Resolution Book) 8.J. Resolution No. 45-92. Resolution No. 45-92, assessing the cost for abatement action necessary to demolish an unsafe structure at 126 N.W. llth Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 45-92 is as follows: -3- 4/28/92 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 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. 45-92 is on file in the official Resolution Book) 8.K. Resolution No. 46-92. Resolution No. 46-92, assessing the cost for abatement action necessary to remove nuisances on 22 properties located within the City, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 46-92 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 LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOM- PLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATE- MENT. (Copy of Resolution No. 46-92 is on file in the official Resolution Book) 8.L. Award of Bids and Contracts. Approval is recommended. 1. One (1) Life Support Vehicle - Fire Department - Southern Ambulance Builder's Inc. in the amount of $82,122 with funding from HRS Matching Grant (Account No. 115-0000-248-92.00/$42,000) and City Garage Vehicle Replacement (Account No. 501-3312-591-60.84/$40,122). 2. One (1) 1992 Ford Taurus Sedan - Central Garage - Duval Ford (State contract) in the amount of $10,714 with funding from City Garage Vehicle Replacement (Account No. 501-3312-591-60.84). 3. Five Year Extended Service Agreement - Kodak Edicon Mug Imaging System (Police Department) - Kodak in the amount of -4- 4/28/92 $7,217 per year with funding from General Fund Investigations Budget (Account No. 001-2115-521-33.32). 8.M. Tri-Partite Agreement/Banker's Row. The Commission is to consider approving a tri-partite agreement between the City, Community Redevelopment Agency and the Bankers' Row Homeowners Association, Inc. for the redevelopment and improvement of the street and infrastructure for N.E. 1st Avenue between N.E. 2nd and N.E. 3rd Streets. 8.No Reassignment of Golf Course Management Agreement. The Commis- sion is to consider reassigning the Golf Course Management Agreement dated January 15, 1992, and as amended, from Dubin and Associates to BJCE, Inc. 8.0. Substitution of Counsel/Nissenblatt vs City. The Commission is to consider approval of the substitution of counsel and authorize Morgan S. Bragg to represent the City in the Nissenblatt vs. City of Delray Beach litigation. Mr. Mouw moved approval of the Consent Agenda as amended, 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. REGULAR AGENDA 9.A.A. (8.E) Waiver of Pavement Requirements. The Commission is to consider granting a waiver to reduce the pavement width requirement on S.E. 1st Avenue associated with the Griffin Gate development proposal. Approval is recommended. Dr. Alperin stated he had no objection to the request for reduction in pavement width from 24 feet to 20 feet on S.E. 1st Avenue, but had some concerns with respect to the elevations along the Swinton Avenue frontage. David Kovacs recommended an appeal of the architectural eleva- tions for the project under Item 9.A. on tonight's agenda, to be dis- cussed at the next regular meeting (5/12/92). Dr. Alperin moved approval of the waiver for the pavement width on S.E. 1st Avenue, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 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 April 13, 1992 through April 24, 1992. In reply to Dr. Alperin, Mr. Kovacs stated the frontage on Swinton Avenue would be more of an interpretative call, and he could not offer a definite answer at this time. -5- 4/28/92 Dr. Alperin moved to receive the report, with the exception of the architectural elevations for Griffin Gate, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. 9.B. Conditional Use Approval. The Commission is to consider a request to renew the conditional use approval to establish the Church of God of Prophecy on the northeast corner of S.W. 4th Avenue and S.W. 4th Street. Planning and Zoning Board recommends approval. Dr. Alperin moved approval of the Conditional Use establishing the Church of God of Prophecy, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.C. Conditional Use Approval. The Commission is to consider a request for conditional use approval to establish a parking lot on the northwest corner of N.E. 1st Avenue and N.E. 2nd Street in the Banker's Row Historic District. Planning and Zoning Board recommends approval. David Kovacs noted one correction to be made to the transmittal to redo the parking lot in the Banker's Row Historic District; the wording should be changed from "to consider a change to the concept plan", as opposed to "direct there be a change made". Staff will prepare a plan per Mr. Currie's suggestion and both will be taken to the Historic Preservation Board for a decision. Discussion followed with regard to design, handicap parking and landscaping at N.E. 1st Avenue and N.E. 2nd Street. During discussion Mr. Andrews returned to the Commission Chambers. Mr. Randolph moved to approve the Conditional Use request with the change in the condition as noted by Mr. Kovacs, seconded by Dr. Alperin. 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. 9oD. Request to Hold Special Event. The Commission is to consider a request from the Sun-Sentinel to hold a "Sand Blast" at the Municipal Beach on July 4, 1992; authorize the erection of a sign, sale of food and beverages on the Beach; and provide security for the event. Approv- al is recommended. Joe Weldon, Director of Parks and Recreation, stated the Sun Sentinel has sponsored this event for the past eleven (11) years. This is the type of family-oriented activity the City encourages for the 4th of July, and the out-of-pocket costs will come from the Parks and Recreation operating budget. -6- 4/28/92 Mr. Mouw moved approval of the "Sand Blast" event as recommend- ed by staff, with the denial of the request for banner signs, seconded by Dr. Alperin. 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. In reply to Mayor Lynch, Joe Weldon noted bids are already open for the July 4th fireworks. The City will contribute $8,000, Dan Burns will contribute $16,000 and the City Attorney's office will draw up an agreement similar to last year. 9.E. Agreement With Liddun International Inc. The Commission is to consider an agreement with Liddun International, Inc. to bring a profes- sional women's tennis tournament with the Kraft Tour to the City. The City Attorney stated the revised agreement is only for review at this point. There are three revisions under discussion: (1) The downtown site for the tournament will operate on a temporary basis for 1993, extending the date until October 1st for a final decision on where the permanent site would be. Mayor Lynch stated he is agreeable to either location, but if Laver's cannot make it go and downtown is picked, he would prefer it as the permanent site, not temporary. (2) On the definition of assignment, this is a corporate entity, including the definition of stock. (3) There is a reciprocal provision with respect to default. The agreement would be cancellable if unable to maintain a principle sponsor who would put up 75% of the prize money. This is the biggest risk factor. In reply to Mr. Randolph, the City Attorney stated he would like direction regarding the temporary vs. permanent issue. Mayor Lynch stated he would like to research the corporate setup further. Dr. Alperin stated he has no problem with the temporary facili- ty being downtown, but prefers to see the facility at the Laver's site. Mr. Mouw stated he is undecided about the stadium as he hasn't seen any plans and hasn't received enough information. Mr. Andrews stated he is not comfortable with this; there are too many little "maybe's". Mr. Randolph stated the City needs this tournament and would like to use the downtown site, especially for expense purposes. -7- 4/28/92 It was the majority consensus of the Commission (4-1) for staff to continue to pursue discussions with respect to bringing the tourna- ment and stadium facility to the City. This issue will be brought back at a future meeting (possibley 5/5/92 or 5/12/92) for consideration of any formal action. PUBLIC HEARINGS At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10.A. Request For Waiver of The Sign Code. The Commission is to consider a request for waiver of the Sign Code to permit an additional free standing sign for the Avalanche Bar and Grille located at 1942 S. Federal Highway. Prior to consideration of this request, a public hearing has been scheduled to be held at this time. Site Plan Review and Appearance Board recommends approval subject to the following conditions: 1. The Blue "Avalanche" and "Bar and Grille" be in red; and 2. Another coach lamp be added to the north side. Lula Butler, Director of Community Improvement, stated the owner of the Avalanche Bar and Grille, is requesting a waiver of the Sign Code to permit a second freestanding sign. 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 to approve the Sign Code waiver, 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. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC ll.A.1. The City Manager stated that Mr. Daniel Wallace, 234 S.W. 13th Avenue, has had the requested fire hydrant installed. ll.A.2. The City Manager stated the beautification on Lake Ida Road, for the section between Congress Avenue and Military Trail, will take place once the road widening is completed by the County. The risk of having the landscaping all torn out is too great to be doing it now. ll.B.1. Jerry Marshall, 499 S.W. 29 Avenue, praised Joe Weldon and his team for doing such a great job at the Delray Affair. He also questioned what the City, and County, could do about obtaining a sign for pedestri- ans crossing Military Trail in the Walmart area. -8- 4/28/92 ll.B.2. Sheila Jaffee, Communications Director for South Palm Beach County National Organization for Women (NOW), distributed a flyer regarding her comments of two (2) weeks ago against tobacco sponsorship of the tennis proposal. She would like to see a food sponsorship, but no tobacco. ll.B.3. Jack Cannon, resident of Boca Raton, stated if tennis is the issue to be promoted, then he would request the capability of approving a name which has no relation to a tobacco product. FIRST READINGS 12.A. Ordinance No. 16-92. Ordinance No. 16-92, changing the City's Land Use Plan Designation in the Comprehensive Plan from Transitional to General Commercial for property located on the northwest corner of Barwick Road and West Atlantic Avenue; amending the Land Use Plan; and providing for exemption from the transmittal and ORC process, is before the Commission for consideration on First Reading. Planning and Zoning Board recommends approval. If passed, Public Hearing will be held May 12, 1992. The City Manager presented Ordinance No. 16-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE PLAN FOR THE EAST 43.16 FEET OF LOT 7 AND LOT 8 (LESS THE NORTH 8 FEET AND SOUTH 28.25 FEET RD R/W THEREOF), HIGHLAND TRAILER PARK SUBDIVISION, AS RECORDED IN PLAT BOOK 24, PAGE 213 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM TRANSITIONAL TO GENERAL COMMERCIAL; SAID LAND IS LOCATED AT THE NORTHWEST CORNER OF BARWICK ROAD AND WEST ATLANTIC AVENUE; AMENDING THE LAND USE PLAN; PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC PROCESS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 16-92 on First Reading, 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. 9.F. Proposed Amendments To The Code of Ordinances. The Commission is to provide direction with regard to a proposal to amend sections of the City Code relating to the Police and Fire Retirement System to provide for the elimination of the social security offset on disability benefits, establishment of a 25% minimum for non-service connected disabilities, and for the investment of up to 60% of fund assets in common stock. -9- 4/28/92 Mr. Mouw stated these issues should be deferred to the City's Negotiating Committee. The City Manager stated this issue should be put aside and considered in the overall bargaining package. Mr. Mouw moved to table the elimination of the offset of Social Security benefits and the establishment of the 25% minimum non-service connected disabilities, subject to further developments with the Pension Board and the Union, with the determination of the City Manager as to when this will be brought back as an agenda item, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Robert Brown, Chairman of the Fireman's Pension Board, stated the Board's attorney recommended the ordinance be changed in order to incorporate the 25% disability for non-service incurred disabilities which will bring this ordinance in line with State Statutes. Under the State Statute, the Social Security offset allows a choice of having it or not having it; most cities have eliminated it. The Board had an impact study done which showed the impact was less than one-quarter of 1% on the covered payroll. The dollar amount was $17,000. This will have a minimal, future effect on only those people that could apply and collect benefits under the Social Security system for total disability. Mr. Mouw stated he would like to keep his motion on the table and would like the City Manager and City Attorney to research this further. Mr. Randolph stated he would like to bring this issue back for a workshop session. At this point the roll was called to the motion. After considerable discussion, the following motion was made: Dr. Alperin moved approval for the increase of fund assets to be invested in common stocks from 50% to 60%, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - No; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes. Said motion passed with a 3 to 2 vote. 9.G. Change Order No. 1/Gateway Construction. The Commission is to consider approval of Change Order No. 1 in the amount of $11,000 and extend the contract completion date by ten (10) days for installing a 200 foot extension of 8 inch gravity sewer line on N. Dixie Highway. City Manager recommends approval. Dr. Alperin moved approval of Change Order No.1, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - -10- 4/28/92 Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.H. 1992 Beach Renourishment Project. The Commission is to consid- er authorizing staff to advertise for bids for the 1992 Beach Renourishment Project. City Manager recommends approval. John Walker, Project Coordinator, gave an overview of what has been transpiring with this issue. Mr. Andrews moved to authorize staff to advertise for bids for the 1992 Beach Renourishment Project, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. The matter of lobbying efforts with respect to permit con- ditions will be put to the workshop meeting to be held on May 5, 1992. 9.I. 1992 Beach Renourishment Project. The Commission is to consid- er authorizing Coastal Planning Engineering, Inc. to provide engineer- ing, bidding and negotiation services for the 1992 Beach Renourishment Project. Cost for these services is $17,890; with funding from Beach Renourishment Fund - Erosion Control (Account No. 332-4164-572-34.38). City Manager recommends approval. Mr. Andrews moved approval of the bidding and negotiation services for the Beach Renourishment Project, 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. 9.J. Agricultural Reserve Area Study. The Commission is to consider making a recommendation to the Board of County Commissioners with regard to Task 2.2 of the Agricultural Reserve Area Study. There was considerable discussion from the Commission and the public with regard to this issue. Dr. Alperin moved approval of the Planning and Zoning recommen- dation to request the County Commission to reject all the currently described alternative land use scenarios in the Agricultural Reserve Study and instead, suggest that the County perform a comprehensive study, with the participation of the cities, which would include the impact on the entire county of any development of the Agricultural Reserve Area, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 1 vote. 9.K. Settlement Offer - Marshall Vs. City of Delray. The Commission is to consider an offer of settlement in the amount of $7,500 to defray litigation in the Marshall vs. the City of Delray beach complaint. City Attorney recommends denial. -11- 4/28/92 Mr. Mouw moved for denial of the settlement offer, seconded by Dr. Alperin. 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.L. Service Authorization Nos. 9, 10 and il/Survey South, Inc. The Commission is to consider approving service authorizations in the total amount of $23,200 for surveying services required for design of the N.W. Area Phase I Drainage Project; with funding from Decade of Excellence Bond Issue - N.Wo Drainage (Account No. 225-3161-541-61.39). City Manager recommends approval. Mr. Andrews moved approval of Service Authorizations 9, 10, and 11, seconded by Dr. Alperin. 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. 9.M. Service Authorization No. 5/PEC. The Commission is to consider approval of a Service Authorization in the amount of $74,494 for engi- neering services in conjunction with improvements at Lift Stations 1, 4, 5, 9, 11 and 18 to accommodate replacing the Master Lift Station with a booster station; with funding from Water and Sewer Repair and Replace- ment Fund (Account No. 442-5178-536-61.83). City Manager recommends approval. Mr. Mouw questioned the possibility of dressing up the lift station which is located near his office. Mr. Andrews moved approval of Service Authorization No. 5/PEC, 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. 9.N. Appointment to The Public Employee Relations Committee. The Commission is to consider the appointment of a member to the Public Employee Relations Committee to fill the expired term of Martin Frost. Mayor Lynch recommended Mr. Martin Frost for reappointment to the Public Employee Relations Committee. Mr. Andrews moved the reappointment of Mr. Martin Frost to the Public Employees Relations Committee, seconded by Dr. Alperin. 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. 9.0. Appointment of A Member to Serve as Chairman of The Public Employee Relations Committee. The Commission is to consider the ap- pointment of a member to serve as the Chairman for the Public Employee Relations Committee. -12- 4/28/92 Mr. Mouw moved for the appointment of Leonard Syrop as Chairman of the Public Employee Relations Committee. Mr. Mouw withdrew his nomination upon Mr. Syrop's declining and stating he would like to gain more experience before taking that position. Mr. Randolph moved for the appointment of Mr. Frost as Chairman of the Public Employee Relations Committee, 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. 9.P. Appointments To The Kids and Cops Committee. The Commission is to consider the appointment of ten members to the Kids and Cops Commit- tee to fill expiring terms of Agartha Gragg, Larry Kramer, Barbara Brown, Yvonne Odom, Curt Lavarello, Ivan Retzignac, Clyde Harris, Reverend Leonard Johnson, Joe Valentino and Perry DonFrancisco; and, the unexpired term of Pete Petochelli. Approval is recommended. Mr. Andrews moved for the reappointments to the Kids and Cops Committee, with the addition of Mr. Dan Burns to replace Mr. Joe Valentino who is unable to serve an additioanl term and Officer Jeffrey Miller to replace Officer Pete Petochelli who has resigned, seconded by Dr. Alperin. 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.Q. Service Authorization No. 6/Currie Schneider and Associates. The 'Commission is to consider approving Service Authorization No. 6 in the amount of $2,145 to the contract with Currie Schneider and Associ- ates for additional architectural services to relocate fire hydrants and water mains in conjunction with the Fire Station No. 1 project. Mr. Andrews moved to agenda this issue for termination of contract at the Regular Meeting of May 12, 1992, seconded by Dr. Alperin. 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. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A.1. Mr. Andrews stated an active role should be taken in the upcoming elections, questions put together for the potential candidates, and then workshopped. 13.A.2. Mr. Randolph questioned the City Manager about the status of speed checks on N.W. llth Avenue, and also requested that the City Manager, together with the Parks and Recreation staff, make the pool at Pompey Park, which is not operational, a priority. 13.A.3. Mr. Mouw thanked the City Manager for his work with the Habitat for Humanity impact fee. He also questioned why the land given by the City does not have clear title. -13- 4/28/92 13.A.4. In reply to Mr. Mouw, with regard to the Groves complaint, the City Attorney stated the City has thirty (30) days to respond or not, at which time the opportunity to file a law suit is an actuality. Action has been taken, and this issue will appear on the May 12, 1992 agenda. 13.A.5. Dr. Alperin stated in a conversation with James Walsh, Pent- house Delray, S. Ocean Boulevard, regarding newsracks, he was advised that the Florida Statutes give the City the ability to remove the newsracks when they pose a public hazard. The City Manager stated he will check into this issue and provide criteria to the Commission. 13.A.6. Mayor Lynch stated he met with the Sister City Committee and along with the discussion of setting goals, objectives and possibly a Mission Statement, the discussion of placing the Wisdom Ring in Veter- an's Park was discussed. The thought is that it should be placed in a more visible location. 13.B.1. The City Attorney had no comments or inquiries at this time. 13.C.1. The City Manager questioned the possibility of placing an ad in the Florida League of Cities Annual Convention Issue of Quality Cities magazine. A quarter page ad would cost $165. The Commission concurred. The City Manager further advised that Delray Beach did not make the semifinalist list for the All America City competition. 13.C.2. The City Manager stated forty-five (45) days could be cut off the schedule for the Veteran's Park Completion Schedule which would put the completion date of the first phase around mid-October. 13.C.3. The City Manager stated the City received a proposal from the Toro Company for Delray Beach to be a demonstration site for an electri- cal storm identification device. It's function is to detect lightning within a 25 mile radius and communicate reliable information back to the user. Toro would donate the system and the installation, therefore not costing the City any fees. Mayor Lynch declared the meeting adjourned at 8:35 P.M. City Cl~rk ' 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 April 28, 1992, which minutes were formally approved and adopted by the City Commission on ~ /~ /g~ ! / -14- 4/28/92 ~ City ~lerk ; 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. -15- 4/28/92