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06-16-92 JUNE 16, 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 6:00 P.M., Tuesday,June 16, 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 - Acting City Manager Robert Barcinski and City Attorney Jeffrey S. Kurtz 2. The opening prayer was delivered by Dr. Alperin. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Andrews requested that Item No. 8.D. be moved from the Consent Agenda to the beginning of the Regular Agenda as Item No. 9.A.A. Dr. Alperin moved to approve 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. Mr. Randolph moved approval of the Regular Meeting minutes of May 26, 1992, 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 - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin moved approval of the Special Meeting Minutes of June 2, 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. 6. Proclamations. A. Community Pride Day - June 20, 1992, Mayor Lynch read and presented a proclamation proclaiming June 20, 1992 as "Community Pride Day" and called upon all the citizens of the southwest area of Delray Beach to participate in the cleanup cam- paign planned for Community Pride Day. Lula Butler, Director of Community Improvement, accepted the proclamation and informed the public that the City is proposing to sponsor a series of these cleanup days which will be funded through the Litter Grant Program. 7. Presentations. A. Ray Gerner with regard to Cost-of-Living Increase for Police and Fire Retirees. Ray Gerner, retired Fire Department Captain, requested the City Commission to review this issue and respond back within thirty (30) to sixty (60) days. The City Attorney advised, in order to consider the cost ques- tions, an actuarial report is needed from the Police, Fire and General Employees Union. It was the consensus of the Commission to authorize staff to review this issue, bring their alternatives to the Commission for approval at which time the Commission would recommend the Boards order the actuarial report. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.A. Soap Box Derby. The Commission is to consider approving the closure of the Linton Boulevard Bridge in conjunction with the Soap Box Derby being held June 27, 1992 (practice date June 21 and rain date June 28th). Approval is recommended. 8.B. Resolution No. 64-92. Resolution No. 64-92, vacating and abandoning a portion of an alley right-of-way located within Block 8, Rosemont Park in conjunction with the Bethel Evangelical Church project, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 64-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF AN ALLEY RIGHT-OF-WAY LOCATED IN BLOCK 8, ROSEMONT PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGE 60 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. (Copy of Resolution No. 64-92 is on file in the official Resolution Book) 8.C. Acceptance of Easement Deed. The Commission is to consider acceptance of an easement deed from Bethel Evangelical Church for replacement easements. Approval is recommended. 8.D. Please see Item No. 9.A.A. -2- 6/16/92 $.E. Resolution No. 63-92. Resolution No. 63-92, requesting $10,075 in pro-rata share of County Emergency Medical Service Surcharge Award Program Funds, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 63-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING A PRO-RATA SHARE OF THE COUNTY EMERGENCY MEDICAL SERVICE SURCHARGE AWARD PROGRAM FUNDS. (Copy of Resolution No. 63-92 is on file in the official Resolution Book) 8.F. Resolution No. 65-92. Resolution No. 65-92, endorsing the formation and activities of a Sister City Committee in furtherance of the City's relationship with Miyazu, Japan, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 65-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ENDORSING THE FORMATION AND ACTIVITIES OF A SISTER CITY COMMITTEE IN FURTHERANCE OF THE CITY'S RELATIONSHIP WITH MIYAZU, JAPAN. (Copy of Resolution No. 65-92 is on file in the official Resolution Book) 8.G. Resolution No. 62-92. Resolution No. 62-92, assessing the cost for abatement action necessary to remove nuisances on 19 properties located with the City, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 62-92 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 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. 62-92 is on file in the official Resolution Book) 8.H. Award of Bids and Contracts. Approval is recommended. -3- 6/16/92 1. MacFarlane Drive Water Main Extension and Florida Boule- vard Sewer Main Extension - Environmental Services - Tiger Construction Service, Inc. in the amounts of $58,730 with funding from (Account No. 447-5174-536-61.41) and $34,625 with funding from (Account No. 441-5111-536-33.11), respectively. 2. Exterior Painting Services - Police Department - A-1 Paint Inc. of Palm Beach in the amount of $11,356 with funding from Law Enforcement Repair and Upkeep Buildings (Account No. 001-2113-521-33.31). 3. Three (3) TEAC CR-320 Recorders - Police Department - Communication Systems Inc. (via Orlando Utilities Bid) in the amount of $24,900 with funding from Law Enforcement (100% reimbursable County E-911 Grant). 4. Housing Rehab - as indicated below - with funding from Community Development Block Grant Housing Rehabilitation (Account No. 118-1963-554-60-23): -19 S.W. 8th Avenue - Preston Construction - $16,185.75 -119 S.W. 15th Avenue - Abisset Corporation - $10,237.50 -39 N.W. llth Avenue - Preston Construction - $16, 049.25 8.I. Wrecker/Towing Services. The Commission is to consider approv- ing the contract with Zuccala Wrecker Services for wrecker/towing services. Approval is recommended. 8.J. Property Acquisition/Fire Station No. 1. The Commission is to consider accepting a settlement offer for the acquisition of the Blakely property in conjunction with the Fire Station No. 1 project. Approval is recommended. 8.K. Resolution No. 66-92. Resolution No. 66-92, certifying that the City approved by proper motion an interlocal agreement authorizing participation in the Home Investment Partnership Program, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 66-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO 24 CFR PART 92 SUBPART C, FEDERAL REGULATIONS, CERTIFYING THAT THE CITY APPROVED BY PROPER MOTION AN INTERLOCAL AGREEMENT AUTHORIZING PARTIC- IPATION IN THE HOME INVESTMENT PARTNERSHIPS PROGRAM; PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 66-92 is on file in the official Resolution Book) Dr. Alperin moved approval of the Consent Agenda, as amended, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. -4- 6/16/92 Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 9.A.A. (Item No. 8.D.) Extension of Conditional Use Approval/Hess Gasoline. The Commission is to consider approval of an 18 month exten- sion of the Major Modification of the Conditional Use for the Hess Gasoline Station located on Military Trail, north of Atlantic Avenue. Approval is recommended. A representative of Hess Gasoline stated there have been numerous holdups of all different sorts. Thomas Hartman, Client representative, stated once the plat is approved, and the building permits obtained, the renovations can be started. He feels this can be accomplished in eighteen (18) months. Mr. Andrews moved approval for a six (6) month extension, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Mayor Lynch - Yes; Mr. Mouw - No; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - No. Said motion passed with a 3 to 2 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 May 25, 1992 through June 12, 1992. Dr. Alperin moved to receive and file the report, 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. 9.B. Request For Waiver of Permit Fee/Pines of Delray West. The Commission is to consider a request from the Pines of Delray West Association, Inc. for a waiver of the $1,689 building permit fee in conjunction with resurfacing and/or repair of parking lots located within their condominium development. Denial is recommended. Robert Heller, 2820 SW 13th Street, requested a reduction of waiver in the amount of $1200 as the Pines will be doing their own painting of the stripes as well as the lines for the parking area. Mr. Mouw moved denial of the waiver, seconded by Mr. Randolph. 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.C. Atlantic Avenue Hardscape - Swinton Avenue to 12th Avenue. The Commission is to consider awarding the bid after modifying the project scope and/or authorizing additional funding for the installation of paver block sidewalks and Atlantic Avenue between Swinton Avenue and N.W./S.W. 12th Avenue. -5- 6/16/92 Mr. Randolph stated the conduit should be in there now. Mr. Andrews stated there might be some other type of lighting that would enhance the streetscape. Mayor Lynch stated that the CRA's recommendation of only going up to 5th Avenue (New Fire Station) should be considered. Mr. Mouw moved approval of the project funding and the bid awards, as outlined by staff, in the amount of $255,457.09, 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.D. Request For Deck At Atlantic Plaza. The Commission is to consider a request from Alexander (Sandy) Simon to install a 25 foot wide deck adjacent to the new restaurant, Jalapenos, located in Building "B", Atlantic Plaza, approximately 31 feet toward Veteran's Park. Consideration is recommended. Due to a personal problem which prevented Mr. Simon from attending the meeting at this time, Dr. Alperin moved to postpone consideration of Item 9.D. until June 23, 1992, seconded by Mr. Ran- dolph. 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.E. Settlement Offer/Xeta Tee Time System. The Commission is to consider approval of a settlement offer from XETA Tee Time Reservation System in the amount of $11,650 ($1,400 for phone lines; $2,750 non-refundable subscription fee and $7,500 prorated annual service fee) to discontinue service. Approval is recommended. Dr. Alperin moved approval of the settlement offer, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Ran- dolph. Said motion passed with a 5 to 0 vote. 9.D. Dr. Alperin moved to amend the previous motion of the postpone- ment of Item 9.D. due to the fact that Mr. Simon arrived, 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. David Kovacs, Director of Planning and Zoning, stated there are already four (4) spaces available beyond code requirements. Mr. Mouw stated he would like to see parking on the north end of Veteran's Park and reclaim the City's right to N.W. 1st Street. Alexander (Sandy) Simon, Atlantic Plaza Ltd., stated if the deck is built, they will still have an additional amount of parking spaces. -6- 6/16/92 In reply to Mayor Lynch, the City Attorney advised the arrange- ments would not be in the form of a lease; it would be either by a license or a sale. Mr. Andrews stated he is not comfortable with certain groups leasing; they should have a lease that will be easy to cut off. One major concern is the City harboring liability. It was the consensus of the Commission to have this issue heard through the Boards. The City Attorney recommended that if he and Mr. Simon can work out some parameters and expenses acceptable to the Commission, the legal mechanism should be left open and the options be brought back before the Commission. PUBLIC HEARINGS At this point, the time being 7:06 P.M., the Commission moved to the duly advertised public hearing portion of the agenda. 10.A. Ordinance No. 15-92. Ordinance No. 15-92, regulating the placement of newsracks and other moveable fixtures within the City's rights-of-way, is before the Commission for consideration on Second and FINAL Reading. Approval is recommended. 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 Acting City Manager presented Ordinance No. 15-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE AND WORK IN THE PUBLIC RIGHT-OF-WAY", OF THE LAND DEVELOP- MENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING, "NEWSRACKS", AND ENACTING A NEW SECTION 6.3.3, "NEWSRACKS, BENCHES AND OTHER UNATTACHED FIXTURES" TO PROVIDE FOR THE APPLICATION OF THIS SECTION TO ALL MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY; PROVIDING FOR DEFINITIONS; PROVIDING FOR OBJECTIVE STANDARDS FOR THE LOCATION OF MOVABLE FIXTURES IN THE RIGHT-OF-WAY; PROVIDING STANDARDS FOR INSTALLATION AND MAINTENANCE OF NEWSRACKS; PROVIDING FOR ENFORCEMENT BY CODE ENFORCE- MENT DEPARTMENT; PROVIDING FOR SPECIFIC APPELLATE REMEDIES; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. 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. -7- 6/16/92 David Kovacs stated the Planning and Zoning Board formally considered the Movable Fixtures Ordinance and found it inconsistent with the Comprehensive Plan. Suggestions were made that a uniform color not be established, but that provision be made for color coordination to be approved by SPRAB. The Board also felt the restriction within 150' of the railroads within the Central Business District should be looked into. Mayor Lynch stated Boca Del Mar allowed the colors, but re- quired a hedge on the back and two sides that would be maintained by the Boca Del Mar Association. This would keep the cost minimal and would still eliminate problems with all the different colors. The City Attorney advised the provision in the ordinance can be amended to landscaping on three sides which then makes it so that it doesn't matter what the color of the newsracks is. ~heryl Stolzenberg, 3915 C Village Drive (Chateau Wood Develop- ment), stated she hopes the City concentrates more on safety and handles the aesthetics in a different mannerism. Helen Coopersmith, PROD representative, requested that the Commission consider safety and let SPRAB take care of the aesthetics. James Walsh, Chairman of the Penthouse Delray Safety Committee, requested the Commission give special consideration to the situation of safety in the negotiations. Jean Beer, 945 Tropic Blvd, requested the Commission to look at the position of these newsracks, especially where Denny's is located. Joanne Fanizza, Attorney, representing the Sun Sentinel newspa- per, stated the newspapers concern has always been safety, and she would like to know where the "unsafe" newsracks are. She further feels that the proposed ordinance, which is overbroad, is not the way to solve what appears to be certain locations but feels goals can be accomplished without ordinances. Richard Eckerle, Woodlake, stated the Sun Sentinel is not being cooperative with the newsracks. Chris Simon, representing the Palm Beach Post, stated the Post representatives are willing to work with the City for desired locations. Tom Trento, Show and Sell Publications, stated he feels there are more important things to concentrate on than the color of newsracks. The public hearing was closed. The City Attorney stated the newspaper people have shown no willingness to do anything on their own; however, they have requested that the City back away from an ordinance that is felt to be unconstitu- tional and was drafted to address problems that have been identified by the Commission and citizens. -8- 6/16/92 Mayor Lynch stated, if the Commission concurs, that he is willing to postpone this issue one more time in order to give the attorneys a chance to come up with alternative means. Dr. Alperin stated until the ordinance is passed, the attorneys have no urgency to fight. If their desire is to sell on public proper- ty, they should be liable for the construction maintenance. Until this ordinance is passed, they are getting their way and they have had plenty of warning. Mr. Mouw stated voting on this issue should not be postponed. Mr. Andrews stated he is comfortable with the proposed ordi- nance and feels the newspaper people have not addressed safety. Mr. Randolph stated the City should move forward with the ordinance, and is concerned with the location when it poses safety problems to the citizens. Mr. Andrews moved for the adoption of Ordinance No. 15-92 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 - Yes. Said motion passed with a 5 to 0 vote. 10.B. Ordinance No. 22-92. Ordinance No. 22-92, amending the Land Development Regulations to provide for a more appropriate application of stacking distance requirements at the entry to parking lots, is before the Commission on Second and FINAL Reading. Approval is recommended. 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 Acting City Manager presented Ordinance No. 22-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER SIX, "INFRA- STRUCTURE AND PUBLIC PROPERTY", SECTION 6.1.4, "DRIVE- WAYS AND POINTS OF ACCESS:, OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBPARAGRAPH 6.1.4(B) (3) (d); IN ITS ENTIRETY AND ENACTING A NEW SUBPARAGRAPH 6.1.4.(3) (d); AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", OF THE LAND DEVELOPMENT REGULA- TIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMEND- ING SUBPARAGRAPH 4.6.9 (D) (3) (c), "STACKING DISTANCE", TO PROVIDE FOR A MORE APPROPRIATE APPLICATION OF STACKING DISTANCE REQUIREMENTS AT THE ENTRY TO PARKING LOTS; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. -9- 6/16/92 The City Attorney read the caption of the ordinance. 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. 22-92, on Second and FINAL 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. 10.C. Public Input On Goals and Objectives. The Commission is to receive input from the public with regard to the City's Goals and Objectives. Prior to consideration, a public hearing has been scheduled to be held at this time. 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. Mary Lou Jamison, 515 N. Swinton Avenue, stated she is having a problem with the waivers for the Historic District. Sandra Almy, 1103 Vista Del Mar, stated her concern about the economic development of the beach. She also stated she would encourage bike ways to the beach which would give access to the beach and also provided recreational activities for the citizens. COMMENTS AND INQUIRES ON NON-AGENDA ITEMS FROM THE PUBLIC ll.A.1. Acting City Manager Barcinski had no comments or inquiries at this time. ll.B.1. Wilton Cookes, Sr., Cherry Lake, representing the Black Police National Association, stated Delray Beach is having several problems regarding black policemen. He feels they can be solved if everyone, black, white, etc., join hands and help one another. ll.B.2. Jean Beer, 945 Tropic Blvd., stated there is a fox problem in Tropic Isle and the residents would like to employ the City's help to defray the cost of eliminating the animals in that area. ll.B.3. Jean Beer, 945 Tropic Blvd., stated assessments in the next budget year have to be reduced as the sale prices in Tropic Isles are going too low. Delray Beach has double the millage of Boca Raton and there is no longer the huge difference in waterfront property. ll.B.4. Lillian Feldman, Pines of Delray, stated she has been asked to address several subjects with reference to A1A (1) there are animals being allowed on the sidewalks and there is an ordinance against this, (2) there are some people who are parking along A1A with "boom boxes" and leaving their car doors open, (3) people very rarely see foot patrol officers along A1A and (4) they need additional parking on A1A for residents. -10- 6/16/92 Mayor Lynch advised that there is no foot patrol on A1A at this time. ll.B.5. Virginia Snyder, 38 South Swinton Avenue, stated she is con- cerned with regard to discrimination and targeting of "good" Police Officers (James and Verna Cook). They need to take a look at what is happening in the Police Department. ll.B.6. Jerry Marshall, Woodlake, would like a response to his sugges- tion of a crossing sign or a light to slow traffic down on Military Trail just south of Linton Boulevard. ll.B.7. Jerry Marshall, Woodlake, stated Homewood Boulevard, between Lowson Boulevard and Atlantic Avenue, was supposed to be paved at some point in May and has not been done yet. FIRST READINGS · 12.A. Ordinance No. 23-92. Ordinance No. 23-92, amending the Land Development Regulations to provide that one member of the Site Plan Review and Appearance Board shall be a registered professional engineer, is before the Commission on First Reading. Approval is recommended. If passed, Public Hearing will be held July 14th. The Acting City Manager presented Ordinance No. 23-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER TWO, "ADMINIS- TRATIVE PROVISIONS", SECTION 2.2.3, "THE SITE PLAN REVIEW AND APPEARANCE BOARD", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 2.2.3(B), "COMPOSITION AND SPECIAL QUALIFICATIONS", TO PROVIDE THAT ONE MEMBER OF THE BOARD SHALL BE A REGISTERED PROFESSIONAL ENGINEER; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. David Kovacs stated the SPRAB Board was not supportive of adding another professional member to their Board. If there is an appointment, the recommendation is that the position be filled by a Civil Engineer, either registered or with an engineering background but no longer active. Mr. Mouw requested more information for SPRAB's reasoning. It was the consensus of the Commission for the SPRAB Board to meet with the Blue Ribbon Task Force to discuss this issue and come back to the Commission with their recommendations or changes. At this point the Commission returned to the Regular Agenda. -11- 6/16/92 9.F. Amendment To The Management Agreement/Old School Square Inc. The Commission is to consider an amendment to the management agreement with Old School Square Inc. which clarifies the authority of the Old School Square Board of Directors to name and sign buildings at the site as part of their fund raising authority. Joe Gillie, DirectOr of Old School Square, addressed the necessity of naming opportunities and expanded on the sign package which will include individuals. He also addressed concerns of the citizens of Delray Beach with regard to their participation and how they are going to recognize them. He further stated he feels it needs to be clarified that they are not going to change the name of Old School Square. He advised it is his job to restore and revitalize the site. He has to secure the commitments and make the site work. He can do this by (1) programming, which will increase revenue (2) through grants from State agencies and (3) through private donations. Jerry Marshall, Woodlake, stated the museum should be named "The Museum of Delray Beach". Alice Finst, 707 Place Tavant, stated the buildings should be named for the City. Arthur Jackel, 784 N.W 25th Avenue, stated the names should be shared by the citizens and the donors. Jean Beer, 945 Tropic Boulevard, stated she agreed that the buildings should be named for the City. Joanne Peart, 107 N.W. 9th Street, stated most buildings, i.e. colleges, hospitals, etc. are named for the donors who can afford it and the private donors should be handled graciously. Sandra Almy, 1103 Vista Del Mar, stated it is understood that these buildings are City owned; they do not need to have their name on it. Dr. Alperin stated that if all the controversy is valid, the name should be "Delray Beach Cultural Center", but by choice it was named "Old School Square". These buildings are part of the City of Delray Beach, but they do not need that reflected on the front of the buildings. Mr. Randolph stated the Old School Square staff should be given the liberty of reaching out for donors, but if the City is going to be shortsighted, the overall objective is going to be missed. Mr. Mouw stated he doesn't need signs to tell him who owns the buildings. Mayor Lynch stated if plaques are put up, with whatever name, it should be known that Old School Square is a fictitious name which represents the City and the citizens of Delray. -12- 6/16/92 Dr. Alperin moved approval of the Management Agreement, second- ed by Mr. Mouw. 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.G. Service Authorization No. 10/Hazen and Sawyer, P.C. The Commission is to consider approval of a service authorization in the $23,778 to the contract with Hazen and Sawyer for the preparation of an Operations and Maintenance Manual for the Miller Park Storage Tank and Booster Station; with funding from Water and Sewer Fund - Miller Park Storage Tank - Engineering Services (Account No. 441-5181-536-69.01). Mr. Mouw moved approval of Service Authorization No. 10 to the contract with Hazen and Sawyer, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 3 to 2 vote. Mr. Andrews left the Commission Chambers at this point. 9.H. Change Order No. 1/Mollo¥ Brothers, Inc. The Commission is to consider approving a change order to the contract with Molloy Brothers, Inc. in the amount of $36,571.47 and which extends the project comple- tion date by 21 days, to construct a 20 stall parking lot at the Ameri- can Legion Hall; install an irrigation service line to landscape island at the intersection of N.W. 2nd Street and N.W. 8th Avenue; and to install additional storm drainage along N.W. 2nd Street; with funding from Decade of Excellence - N.W. Drainage (Account No. 225-3161-541-61.39). Mr. Mouw moved approval of Change Order No. 1 to the contract with Molloy Brothers, Inc., seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - No. Said motion passed with a 3 to 1 vote. At this point, Mr. Andrews returned to the Commission Chambers. 9.I. Change Order No. 2/Mollo¥ Brothers, Inc. The Commission is to Consider approval of a change order to the contract with Molloy Broth- ers, Inc. in the amount of $49,945 and which extends the contract completion date by 30 days to reconstruct sidewalks in the right-of-way and to relocate sidewalks presently adjacent to the edge of pavement to the right-of-way line in conjunction with the Northwest Area Drainage Project; with funding from Decade of Excellence - N.W. Drainage (Account No. 225-3161-541-61.39). Dr. Alperin moved approval of Change Order No. 2 to the con- tract with Molloy Brothers, Inc. minus the reduction of the sidewalks, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Mr. Mouw - Yes. Said motion passed with a 4 to 1 vote. -13- 6/16/92 9.J. Change Order No. i/Jack Hardy, Inc. The Commission is to consider approval of a change order to the contract with Jack Hardy, Inc. in the amount of $40,222.90 and which extends the project comple- tion date by 14 days, to construct paving and install drainage and a sanitary sewer line in the alley between N.W. llth Avenue and N.W. 12th Avenue; with funding from Decade of Excellence Alley Reconstruction (Account No. 225-3162-541-61.43/$26,082.90) and Water and Sewer Fund Sewer Line Extension (Account No. 441-5161-536-60.63/$14,140). Mr. Randolph moved approval of Change Order No. 1 to the contract with Jack Hardy, Inc., seconded by Mr. Andrews. 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.K. THIS ITEM WAS REMOVED FROM THE AGENDA. 9.L. Designation of Voting Delegate/Florida League of Cities. The Commission is to consider designating a voting delegate to the 66th Annual Convention of the Florida League of Cities, Inc. to be held August 20 through 22, 1992. Dr. Alperin moved to designate Commissioner Andrews as the voting delegate for the Florida League of Cities, 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. 9.M. Discussion of Site Selection For Tennis Tournament. The Commission is to conduct a preliminary discussion as to site selection for the 1993 Tennis Tournament. The City Attorney advised that the Virginia Slims Agreement with Mr. Liddy calls for the City to make the 1993 selection by July 1, 1992. Being fourteen (14) days away from the deadline there is only one site locked up (the downtown tennis center). In conversation with the closing agent for the Germans and a representative of the FDIC, they have indicated that all barriers have been eliminated and a closing on the property is expected in the next two or three days. At this point, the City Attorney requested direction as to whether the Commission would prefer to initiate the contract with the Germans, or to hold off until after the closing. He also would like direction for the request of information which has not been provided, information that can be expounded upon or the decision to request more time. In reply, Mayor Lynch recommended no further discussion until the closing. If this is closed within the next few days, there is an obligation to listen to what the recommendations are by Mr. Liddy of Liddun International, Inc. before bringing it back before the Commission at the meeting of June 23, 1992. In any event, it should be ready by July 1, 1992. -14- 6/16/92 Mr. Mouw stated he has no problem with the City Attorney discussing this issue with the concerned parties. Mr. Randolph stated he also has no problem with the City Attorney discussing this issue with the concerned parties. Mr. Andrews stated having it downtown for the first year might answer a lot of questions for the future. Dr. Alperin stated he would like a firm proposal, in writing, by Friday. Kevin Egan, Chairman, Community Redevelopment Agency, stated three (3) different plans, with cost estimates, will be proposed on June 23, 1992 showing the stadium in different areas. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS 13.A.1 Mr. Andrews stated Palm Beach County is paying tipping fees 1/3 higher than Broward County. He feels the SWA is not showing responsi- bility to the citizens and, with the consensus of the Commission, he would like to address them and ask some questions on behalf of the citizens of Delray and the Commission. 13.A.2. Mr. Randolph stated there seems to be a growing concern among some of the citizens to rename a portion of Tropic Bay to "Marion Avenue" in honor of Marion MacLeod who has been very active in the community. It was the consensus to have staff look into this matter. 13.A.3. Mr. Randolph stated he would like to see more attention given to the law enforcement agency in Delray. He stated he has found a need to resign from the Police Advisory Board so as not to have himself or his services used for PR purposes. He stated some of the literature which is "allegedly" being moved around in the Police Department is very bad. In response to Mr. Randolph, the City Attorney advised the buy out order with Chief Kilgore is perpetual and remains in place. 13.A.4. Dr. Alperin stated he has not seen any changes in the parking lot or the landscaping with regard to Brandys. 13.A.5. Mr. Mouw stated there have been complaints regarding the turning space on 2nd Avenue. He feels the project should be finished, settled in for a few months and then possibly revisited. 13.A.6. Mayor Lynch suggested sending a letter, on behalf of the Delray Commission, to Bill Smith, a Boca City Commissioner, whose son was killed recently. 13.A.7. Mayor Lynch stated Board Appointment positions are being advertised this week if anyone would like to review them before the next meeting. -15- 6/16/92 13.A.8. Mayor Lynch suggested staff get together with Mr. Breslow and the organizations that were Under consideration for the Charities for Delray to inquire if they would buy into a program to raise money for their charities and hopefully eliminate it from the City budget at a future date. 13.B.1. The City Attorney recommended the Commission give consensus to the Mayor to attend the Pension Board Meeting regarding the Police and Fire Pension Plan. 13.B.2. The City Attorney announced the birth of his new daughter, Meredith Brady Kurtz. 13.C.1. Mr. Barcinski, Acting City Manager, stated he had no comments other than to say that the June 23, 1992 agenda is shaping up to be quite heavy. Mayor Lynch declared the meeting adjourned at 9:38 P.M. City ~lerk - ~ ATTE S T: 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 June 16, 1992, which minutes were formally approved and adopted by the City Commission on ...... Cit~-~erk- 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. -16- 6/16/92