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07-21-92 JULY 21, 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., July 21, 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 Assistant City Attorney Susan Ruby 2. The opening prayer was delivered by Reverend Michael Castronis of The First Presbyterian Church of Delray. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mayor Lynch requested that Item No. 8.C. be moved to the beginning of the Regular Agenda as 9.A.A. The City Manager requested that Item Nos. 8.M. and 8.N. be removed from the agenda as payment has been received. Dr. Alperin moved for agenda approval, as amended, 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. 5. Mr. Randolph moved approval of the minutes of the Regular Meeting of June 16, 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 minutes of the Regular Meeting of June 23, 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 approval of the minutes of the Special Meeting of July 7, 1992, seconded 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. 6. Proclamations. 6.A. Water and Pollution Control Operators Week - August 17 through 21, 1992. Mayor Lynch presented a proclamation proclaiming the week of August 17 - August 21, 1992 as "Water and Pollution Control Operators Week". 7. Presentations. A. Presentation by Tennis Stadium Task Force. Michael Weiner, representing the Tennis Stadium Task Force, handed out the Task Force Statement and recommendations. In reply to Mayor Lynch, Mr. Weiner emphasized the stadium should be for tennis use; any other use should be secondary to tennis. Dr. Alperin stated that before disbanding the Task Force, it would be wise to have a new Task Force to ensure the Tournament will be one that the City will be tremendously proud of. Upon request by Mayor Lynch, Michael Weiner advised he will inform the Commission what transpires in his upcoming meeting with Chief Overman and Sharon O'Connor so that the Commission will know when to bring it back to the agenda for review. Mayor Lynch, on behalf of the City Commission, thanked Mr. Weiner and the other members of the task force for their efforts. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda. 8.A. Final Plat Approval D.B.O. Acres. The Commission is to consid- er approval of the final plat for D.B.O. Acres Plat No. 2 located at the southwest corner of Linton Boulevard and Dixie Highway. Planning and Zoning Board recommends approval subject to the condition that a finan- cial guarantee for all public improvements be submitted prior to release of the plat for recording. 8.B. Final Plat Approval/Griffin Gate. The Commission is to consid- er approval of the final plat for the Griffin Gate subdivision located at the southeast corner of South Swinton Avenue and S.E. 4th Street. Planning and Zoning Board recommends approval subject to the condition that a financial guarantee for all public improvements be submitted prior to release of the plat for recording. 8.C. Please See Item No. 9.A.A. - Regular Agenda. 8.D. Ratification of Amendment To Old School Square Management Agreement. The Commission is to consider ratifying the amendment to the management agreement with Old School Square, Inc. which provides for "naming opportunities" in conjunction with fund raising activities. Approval of Addendum No. 1 is recommended. -2- 7/21/92 8.E. Award of Bid - Emergency Repair/S.E. 2nd Street. The Commis- sion is to consider approval of the emergency award of bid to Johnson Davis, Inc. in the amount of $43,000 for the rehabilitation of a sani- tary sewer line and manhole on S. E. 2nd Street with funding from Water and Sewer Renewal and Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84). Approval is recommended. 8.F. Granting of Utility Easements. The Commission is to consider granting utility easements to Florida Power and Light for the relocation of electrical service to the Water Treatment Plant in conjunction with the Lime Softening Conversion project and to provide electrical service to the Miller Park Water Storage Tank and Booster Station. Approval is recommended. 8.G. Ratification Of A South Central Regional Wastewater Treatment and Disposal Board Action. The Commission is to consider ratifying a decision made by the South Central Regional Wastewater Treatment and Disposal Board at their February 26, 1992 meeting, authorizing the usage of funds in the amount of $3,924,000 from the Sinking Fund for Repair and Replacement Projects. Approval is recommended. 8.H. Request For Final Payment/South Central Reqional Wastewater Treatment and Disposal Board. The Commission is to consider approval of the request for final payment in the amount of $3,404.65 from the South Central Wastewater Treatment and Disposal Board for completion of Task No. 8.3 - Odor Abatement System Training and Start-up Services; with funding from 1991 Water and Sewer Revenue Bond Issue (Account No. 447-5165-536-33.11). Approval is recommended. 8.I. Interlocal Agreement With Palm Beach County/Atlantic Avenue - Military Trail Intersection Improvements. The Commission is to consider approval of an interlocal agreement with Palm Beach County for funding to jointly participate in the construction of improvements within the right-of-way intersection of Atlantic Avenue and Military Trail. Approval is recommended. 8.J. Resolution No. 73-92/Authorization To Submit Grant Application. Resolution No. 73-92, authorizing the City Manager to enter into an Urban and Community Forestry Grant Memorandum of Agreement with the State of Florida Division of Forestry and authorize staff to submit a grant application for matching funding in the amount of $6,250 to build shade and mist houses, fencing and irrigation at the nursery located at the Cemetery, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 73-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY. -3- 7/21/92 (Copy of Resolution No. 73-92 is on file in the official Resolution Book) 8.K. Resolution No. 74-92. Resolution No. 74-92, accepting and supporting the expansion of the membership of the Metropolitan Planning Organization to include representatives from the City of Belle Glade and the Port of Palm Beach, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 74-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING AND SUPPORTING THE EXPANSION OF THE MEMBERSHIP OF THE METROPOLITAN PLANNING ORGANIZATION OF PALM BEACH COUNTY, FLORIDA, TO INCLUDE REPRESENTATIVES FROM THE CITY OF BELLE GLADE AND THE PORT OF PALM BEACH. (Copy of Resolution No. 74-92 is on file in the official Resolution Book) 8.L. Right-of-Entry Access Easement/CBD Alley Reconstruction Project. The Commission is to consider approval of an agreement for right-of-entry from the property owner at 47 S.E. 5th Avenue in conjunc- tion with the CBD Alley Reconstruction project. Approval is recommended. 8.M. Resolution No. 68-92. THIS ITEM HAS BEEN DELETED FROM THE AGENDA. 8.N. Resolution No. 69-92. THIS ITEM HAS BEEN DELETED FROM THE AGENDA. 8.0. Resolution No. 70-92. Resolution No. 70-92, assessing the cost for abatement action required to board up an unsafe structure at 45 N.W. 1st Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 70-92 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 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. 70-92 is on file in the official Resolution Book) -4- 7/21/92 8.P. Resolution No. 71-92. Resolution No. 71-92, assessing the cost for abatement action required to demolish an unsafe structure at 516 N.W. 1st Street, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 71-92 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 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 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. 71-92 is on file in the official Resolution Book) 8.Q. Resolution No. 72-92. Resolution No. 72-92, assessing the cost for abatement action required to remove nuisances on 23 properties located within the City, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 72-92 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. 72-92 is on file in the official Resolution Book) 8.R. Award of Bids and Contracts. Approval is recommended. 1. Fire Station No. 5 - J.W.R. Construction Services, Inc. in the amount of $646,699 with funding from the Decade of Excellence Bond Issue (Account No. 225-2311-522-61.57). -5- 7/21/92 2. Fire Hydrant Replacement - B & H Sales at an estimated annual cost of $24,400 with funding from Water and Sewer Fire Hydrant Replacement (Account No. 442-5178-536-61.77). 3. Radio Conversion to Unit I.D. - Police/Fire Radio System - Motorola C & E Inc. in the amount of $31,748.85 with funding from the Federal Forfeiture Assets Fund (Account No. 115-2112-521-34.11). 8.S. Authorization to Submit Grant Application. The Commission is to consider authorizing staff to submit a grant application to the Florida Department of Health and Rehabilitative Services Office of Emergency Medical Services for funding in the amount of $127,500 to be used to purchase two Emergency Rescue Vehicles. This is a 75/25 match- ing grant program. Approval is recommended. 8.T. Resolution No. 75-92. Resolution No. 75-92, requesting that the Board of County Commissioners request that the State of Florida Department of Natural Resources investigate the feasibility of designat- ing the Intracoastal Waterway adjacent to the Delray Harbour Club Marina as an "Idle Speed - No Wake" zone, is before the Commission for consid- eration. Approval is recommended. The caption of Resolution No. 75-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE BOARD OF COUNTY COMMIS- SIONERS OF PALM BEACH COUNTY, FLORIDA TO REQUEST THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES TO ESTABLISH AN "IDLE SPEED - NO WAKE" ZONE ALONG THE INTRACOASTAL WATERWAY IN THE AREA ADJOINING THE DELRAY HARBOR CLUB MARINA. (Copy of Resolution No. 75-92 is on file in the official Resolution Book) Mr. Randolph moved approval of the Consent Agenda, as amended, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 9.A.A. (Item No. 8.C.) Final Plat Approval/Initiation of Rezoning - Simmons Cay. The Commission is to consider approval of the final boundary plat for Simmons Cay (Ocean Cay) located along North Ocean Boulevard between Thomas Street and Vista Del Mar Drive and authorize staff to initiate the rezoning of both parcels from RM (Medium Density Residential) to R-1AAA (Single Family Residential). Approval is recom- mended. David Kovacs, Director of Planning and Zoning, stated this item was removed from the Consent Agenda in order to have a clear record of its consideration. Mr. Kovacs gave a brief overview of the property's -6- 7/21/92 history as the Ocean Cay Plat and the ensuing circumstances leading to the subject request. He recommended approving the final boundary plat for Simmons Cay and to initiate the rezoning of both parcels to R-1AAA, Single Family Residential. Dr. Alperin moved approval of the final plat for Simmons Cay, 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. Dr. Alperin moved to initiate the rezoning to R-1AAA, 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. 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 June 22, 1992 through July 10, 1992. Dr. Alperin moved to receive and file this report, 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.B. Request For Extension of Conditional Use Approval/Hess Gaso- line. The Commission is to consider a request for an additional 12 month extension to the conditional use and site plan approval for the Hess Gasoline Station located on Military Trail, north of Atlantic Avenue. City Manager recommends approval. David Kovacs stated there had been errors on both sides; therefore, his recommendation is to grant the twelve (12) month exten- sion for a total of eighteen (18) months. Mr. Mouw moved approval of the extension, 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. 9.C. Ratification of Collective Bargaining Agreement. The Commis- sion is to consider ratifying the collective bargaining agreement with the International Association of Firefighters. The City Manager stated that since all the issues have been resolved, his recommendation is to ratify the agreement between the Firefighters and the City. Mr. Mouw moved approval of the ratification of the contract between the Firefighters and the City, 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. -7- 7/21/92 9.D. Authorization to Proceed With Award of Bid/Beach Renourishment Project. The Commission is to consider accepting staff findings and authorize the award of bid for the Beach Renourishment project, sched- uled to commence on or after October 16, 1992, to Great Lakes Dredge and Dock Company in the amount of $3,823,220, with funding from Erosion Control (Account No. 332-4164-572-34.38); and, subject to receipt of the executed Local Cooperation Agreement from the Army Corps of Engineers. City Manager recommends approval. The City Manager recommended approval for staff to proceed with plans for the project to begin approximately October 15, 1992, and to award the bid to the low bidder. The City Manager advised there will be a Change Order next week with regard to the Turtle Relocation Contract. Dr. Alperin moved to accept staff recommendation and to award the low bid for the Beach Renourishment project, seconded by Mr. Ran- dolph. 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.E. Fire Station No. 1 Funding aa~ Bid Award. The Commission is to consider the following: 1. Approve an interim funding source for the Fire Station No. 1 project. City Manager recommends approval. 2. Award the bid for construction of Fire Station No. 1 to S.I. Nicholas, Inc. in the amount of $1,586,953, which includes deduct Alternate No. 1 and adds Alternate No. 5, with funding from Decade of Excellence Bond Issue - Fire Station (Account No. 225-2311-522-61.56). City Manager recommends approval. Dr. Alperin moved approval of an interim financing line of credit in the amount of $3,000,000 with Barnett Bank, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. (Mr. Mouw abstained). Mr. Andrews moved approval to award the bid as recommended, 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. Service Authorization No. 4.1/Currie Schneider. The Commission is to consider Service Authorization No. 4.1 in an amount not to exceed $45,000 for basic resident project representative services for the Fire Station No. 1 project; with funding from Decade of Excellence Bond Issue - Central Fire Station (Account No. 225-2311-522-61.56). City Manager recommends approval. The City Manager recommended awarding the contract to Currie Schneider, for resident project representative services, in the amount -8- 7/21/92 of $45,000 which is half the amount previously presented to the Commis- sion. Dr. Alperin suggested looking into the possibility of having a third party contractual arrangement to oversee and supervise this project, to be the liaison between staff and the architect. Discussion on this recommendation took place at this point. Mr. Mouw moved approval of Service Authorization 4.1, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - Yes. Said motion passed with a 3 to 2 vote. It was the consensus of the Commission to have this issue on a future workshop for further discussion. 9.G. Agreement For Architectural Services/Service Authorization No. 1 - Digby Bridges, Marsh and Associates. The Commission is to consider approving the agreement for architectural services with Digby Bridges, Marsh and Associates and approve Service Authorization No. 1 in the amount of $140,000 (professional fees), not to exceed $60,000 (resident project representative services), and a $1,000 a day bonus (not to exceed $15,000) for early completion, to develop a Tennis Center/Stadium; with funding from General Construction Fund Tennis Center/Stadium (Account No. 334-4145-572-63.41) which will be replaced with long term funding. City Manager recommends approval. At this point, Mr. Andrews left the Commission Chambers. The $140,000 fee for professional services was felt to be a good price; however, in light of the previous discussio~ it was suggest- ed that the $60,000 fee for RPR services be deferred for further evalua- tion. Discussion on this point followed. Dr. Alperin asked for assurance from Mr. Bridges on the com- pleteness of submissions. Mayor Lynch stated that he felt the bonus clause should be eliminated, but the penalty clause should remain. He based this on the fact that the $140,000 being paid is a goodly sum. At this point Mayor Lynch passed the gavel to Vice-Mayor Alperin. Mr. Mouw moved to award the base contract to Digby Bridges, Marsh and Associates in the amount of $140,000 with the RPR not to exceed $60,000 at $50.00 an hour and to delete the bonus-penalty clause, seconded by Mr. Lynch. Upon roll call the Commission voted as follows: Mr. Lynch - Yes; Mr. Mouw - Yes; Vice-Mayor Alperin - No; Mr. Randolph - No. Said motion FAILED with a 2 to 2 vote. Vice-Mayor Alperin returned the gavel to Mayor Lynch. -9- 7/21/92 Dr. Alperin moved approval of the Architectural Services Agreement and Service Authorization No. 1 to Digby Bridges, Marsh and Associates in the amount of $140,000 for professional services and to include up to $1,000 per day penalty for each day beyond August 31, 1992, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - No; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 3 to 1 vote. Discussion relative to the $60,000 fee for RPR services will be brought back at the meeting of July 28, 1992. At this point, Mr. Andrews returned to the Commission Chambers. It was the consensus of the Commission to authorize Assistant City Attorney Susan Ruby to proceed with adding resolutions to the next meeting agenda regarding property acquisition, and to give the proper notices to Palm Beach County regarding the Lake Ida facility and to architect Roy Simon relative to notices of termination or abandonment of those previous contracts. 9.H. Service Authorization No. 3/Michael B. Schorah And Associates. The Commission is to consider approval of a service authorization in the amount of $8,394 for surveying services in conjunction with the con- struction of a road on S.W. 7th Avenue, immediately south of S.W. 3rd Street; with funding from Decade of Excellence (Account No. 225-3162-541-61.17). City Manager recommends approval. Dr. Alperin moved approval of Service Authorization No. 3/Mi- chael B. Schorah and Associates, 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.I. Code Enforcement Board Composition. The Commission is to consider providing direction with regard to the alternate member posi- tions of the Code Enforcement Board. It was the consensus of the Commission to remove all three alternates for nonattendance; they are to be contacted to determine if they can make the commitment to attend meetings when they are needed. The Commission will then reappoint two of them or new alternates, if necessary. PUBLIC HEARINGS At this point, the time being 7:00 P.M., the Commission moved to the duly advertised public hearing portion of the agenda. 10.A. Community Development Block Grant Proposed 1992-93 Statement of Objectives. The Commission is to consider conducting a public hearing on proposed expenditure of CDBG funds for fiscal year 1992-93. City Manager recommends approval. Prior to consideration of this action, a public hearing has been scheduled to be held at this time. -10- 7/21/92 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. Lula Butler, Director of Community Improvement, stated the City has been an entitlement City under the Federal Department of Housing and Urban Development since 1985. Under those Federal regulations, the City is mandated to hold at least one public hearing, per year, before the City Commission to accept the proposal for the use of funds on an annual basis. There is a citizens participation process that is required whereby the City meets with affected residents in neighborhoods that benefit from Community Development Block Grant funds in order to receive their input on the types of activities that can be funded through this program. Activities have always been planned to be in concert with Commission policies and most recently in compliance with the policies and goals established under the housing element of the Comprehensive Plan. There has been strong emphasis on housing rehabilitation, provid- ing for home ownership opportunities in those kinds of programs,and elimination of slum and blighted areas. The City has $514,000 that the City is entitled to from the government for FY 92-93, plus a projected additional $8,000 from the work relationship with the CRA under their no interest loan program, for a total of $522,000 available funds. The City is proposing that the majority of that money go into housing rehabilitation, some for emergency repair on existing units, demolition and clearance and support of Title 20 activities, with some minor upgrades at Pompey Park. There is $2,000 going into providing for the promotion of Fair Housing, which is mandated by HUD this year. Debra Dowd, 7 N.E. 16th Court, questioned how $30,000 can be allocated for basketball courts when there are so many people in need, some of whom do not have roofs over their heads. Joann Peart, 107 N.W. 9th Street, stated her concern is not where the money comes from, but that South Swinton Avenue be funded for beautification. Rosalind Murray, Village Drive, speaking on behalf of the West Atlantic Property Owners Association, (WAPOA), urged the Commission to make a long term commitment to the community. Ann Fulton, resident, stated funds are not being taken away from housing, but the funds should be spread around which would include Swinton Avenue. The public hearing was closed. The Commission held a discussion with regard to ways to expe- dite Swinton Avenue improvements. The City Manager recommended possibly contracting out for design work. Dr. Alperin moved approval of the proposed statement of objec- tives and project use of funds for the Community Development Block Grant Program for 1992/93, seconded by Mr. Randolph. Upon roll call the -11- 7/21/92 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. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC ll.A.1. With regard to funding of Lake Ida Road beautification, the City Manager advised that the original funding source was the 1987 Utility Tax Construction Bond Issue; funding was in the amount of $193,290. This funding source is no longer available since the funds were reallocated to other projects. This was done because the County had delayed the widening of Lake Ida, from Congress Avenue to Swinton Avenue and from Congress Avenue to Military Trail, for several years. The section from Congress Avenue to Swinton Avenue is now moving ahead and should be done next year; the section from Congress Avenue to Military Trail may be moved at least five years out and there is still a question as to whether this section will ever be done. These delays would have cost the City in arbitrage rebate penalties if the money had not been shifted to more active projects. The widening of lake Ida Road from Congress Avenue to Swinton Avenue is to proceed, and the City will probably continue this eventually to N.E. 2nd Avenue and then to Federal Highway. The beautification of this area will be done with 1990 General Obligation Bond interest earning allocations. The original 1987 utility tax funding was for beautification of the entire street from Swinton Avenue to Military Trail. If the County ultimately widens Lake Ida from Military Trail to to Congress Avenue, the City would have to come up with the funds at that point to proceed with the beautification. The City's concern was that the Federal government requires bond funds to be spent within two years in order to avoid arbirtage rebate penalties; hence, the City could not recommend holding the 1987 utility tax bond funds indefinitely to see what is going to happen with that section of the roadway. ll.B.1. Wilma Fuller, 1303 N.W. 2nd Street, stated that 13th Avenue and 2nd Street, (west of Pompey Park) is all torn up and she would like to know when she can at least have a temporary driveway. The City Manager stated he would get in touch with the contrac- tor in that area. ll.B.2. David Scott Floering, 2616 N.E. 3rd Street, Boynton Beach, owner of Eastern Body and Glass, stated Zucalla Towing does not seem to be in compliance with the City code. This issue will be looked into and Mr. Floering will be noti- fied within two weeks. ll.B.3. Michael Brown, attorney, West Palm Beach, representing an eminent domain action pertaining to the Tennis Center, stated his concern is the upcoming resolution to condemn property in this area. The projected figure for the land acquisition costs was $150,000 for eight parcels of land, but information obtained from the CRA shows the 1991 tax roles assessing the property at roughly $125,000. Within the -12- 7/21/92 eight parcels of property are three homes; his concern is that the Commission consider not only doing what is in the best interest for the City, but also consider what is in the best interest for the people who are going to be displaced. ll.B.4. Dan Burns, resident, stated he gave the City Manager a check in the amount of $16,000 for fireworks display. There is, in the fund, a little over $2,000 which will be used for next year, and the information is being given to the Commission as a matter of record. ll.B.5. Vi Hinchliffe, resident, stated the improvement at the golf course is great, but the restaurant needs support, it is losing money and it is the best deal in town. FIRST READINGS 12.A. Ordinance No. 27-92. Ordinance No. 27-92, amending the Land Development Regulations to provide for multi-tenant retail uses in the Central Business District (CBD) and General Commercial (GC) zoning districts, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held at a future date. The City Manager presented Ordinance No. 27-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING APPENDIX A, "DEFINI- TIONS'', OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW DEFINITION FOR THE TERM "MARKET", CREATING A NEW SECTION 4.3.3(MM) "MARKETS"; TO PROVIDE FOR RULES AND REGULATIONS GOVERNING THE DESIGN OF MARKETS WITHIN THE CITY OF DELRAY BEACH; TO PROVIDE FOR MARKETS AS A CONDITIONAL USE IN THE GENERAL COMMERCIAL (GC) AND CENTRAL BUSINESS DISTRICTS (CBD); PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. David Kovacs stated an alternative would be to go to a much more subjective system than what is proposed in the ordinance and broaden the the definition of flea market. Chris Brown, Director, CRA, spoke in opposition to the CBD being included in the ordinance, especially as relates to the parking requirement ramifications. Mr. Randolph moved denial of Ordinance No. 27-92 on First Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - No. Said motion passed with a 4 to 1 vote. -13- 7/21/92 Commission direction was to pursue broadening the definition of flea market in the best way possible to control the various types of development. 12.B. Ordinance No. 23-92. Ordinance No. 23-92, amending the Land Development Regulations to provide that one of the registered architect positions on the Site Plan Review and Appearance Board shall be filled by either a registered architect or a registered professional civil engineer, is before the Commission for consideration on First Reading. Site Plan Review Board and Chamber of Commerce Blue Ribbon Task Force recommend approval. If passed, Public Hearing will be held August 11, 1992. The 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", OF THE LAND DEVELOPMENT REGULA- TIONS 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 OF THE REGISTERED ARCHITECT MEMBERS OF THE BOARD SHALL BE EITHER A REGISTERED ARCHITECT OR A REGISTERED PROFESSIONAL CIVIL ENGINEER; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Mouw moved approval of Ordinance No. 23-92 on First Read- ing, 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. 12.C. Ordinance No. 26-92. Ordinance No. 26-92, amending the Land Development Regulations to provide that owners of properties where buildings are subdivided into suites or bays shall install and maintain correct suite and bay designations, is before the Commission for consid- eration on First Reading. City Manager recommends approval. If passed, Public Hearing will be held August 11, 1992. The City Manager presented Ordinance No. 26-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 7, "BUILDING REGULATIONS", SECTION 7.1.5(C), "PROPER DISPLAY OF BUILDING NUMBERS", TO PROVIDE THAT OWNERS OF PROPERTIES WHERE BUILDINGS ARE SUBDIVIDED INTO SUITES OR BAYS SHALL INSTALL AND MAINTAIN CORRECT SUITE AND BaY DESIGNATIONS; PROVIDING a SAVING CLAUSE; -14- 7/21/92 PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Randolph moved approval of Ordinance No. 26-92 on First Reading, 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. Randolph - Yes. Said motion passed with a 5 to 0 vote. At this time the Commission returned to the Regular Agenda. 9.J. Contract Amendment/Elkins Constructors. The Commission is to consider approving an amendment to the contract with Elkins Constructors which provides that if the contractor can show the City how to reduce the cost of the Water Treatment Plant Lime Softening Conversion project that the contractor will receive 25% of the savings as compensation. City Manager recommends approval. Mr. Mouw moved to approve the Contract Amendment to Elkins Con- structors, 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. Mr. Mouw moved to reconsider his motion, Dr. Alperin reconsid- ered his second. 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. Mr. Mouw moved for the approval of the Contract Amendment with Elkins Constructors to become effective next Monday morning, 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.K. Change Order No. 3/Elkins Constructors. The Commission is to consider approving a Change Order in the amount of $11,199 for miscella- neous in-scope changes integral for construction of the Water Treatment Plant Lime Softening Conversion; with funding from Water Treatment Plant Conversion - Buildings (Account No. 447-5164-536-60.31). City Manager recommends approval. Mr. Mouw moved approval of Change Order No. 3 with Elkins Constructors, Inc. with the exception of Item No. 2 in the amount of $4,200, 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. It was the consensus of the Commission to direct staff to discuss Item Nos. 15, 16 and 17 with the consultant. -15- 7/21/92 9.L. Chanqe Order No. 4/Elkins Constructors. The Commission is to consider approving Change Order No. 4 in the amount of $3,629 to remove the existing irrigation system pump, deleting the four inch gate valve, adding two new control valves, relocating the controller and rain sensor to the lime building, size changes to irrigation lines and connecting to the new eight inch water line; with funding from Water Treatment Plant Conversion - Buildings (Account No. 447-5164-536-60.31). City Manager recommends approval. Mr. Mouw moved approval of Change Order No. 4 with Elkins Con- structors, Inc., seconded by Mr. Randolph. Upon roll call the Commis- sion 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.M. Change Order No. 5/Elkins Constructors. The Commission is to consider approving Change Order No. 5 in the amount of $22,628.02 to replace the filters and pliable mats, repairing/replacing piping brack- ets and spray nozzles, and installation of one 12 inch butterfly valve and one spare valve on four air stripping towers; and to reroute a six inch pipe to the filter backwash recovery basin; with funding from Water and Sewer Renewal and Replacement - Equipment Replacement (Account No. 442-5178-536-61.76). Approval is recommended. Dr. Alperin moved approval of Change Order No. 5 with Elkins Constructors, Inc., 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. 9.N. Change Order No. 8/Data Flow Systems, Inc. The Commission is to consider approval of a change order and an attendant budget transfer in the amount of $29,555 for the installation of four remote terminal units at raw water wells 8, 9, 12, and 15, one remote terminal unit at Lift Station No. 10A, and one remote terminal unit at the Owens-Baker Re-pump Station; with funding from Water and Sewer Telemetry-Sewage Lift Station (Account No. 441-5161-536-64.05). Approval is recommended. Dr. Alperin moved approval of Change Order No. 8 to Data Flow Systems, Inc., 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. 9.0. Proposed Change To The Code of Ordinances/Police and Fire Pension System. The Commission is to consider a staff recommendation concerning a proposed amendment to Code Section 33.62 (6) with regard to the Police and Fire Department Retirement System. Acceptance is recom- mended. Mayor Lynch stated the recommendation was made to amend Ordi- nance Section 33.62 (C) (6) (a) to change the mandatory submission of a medical report by a disability retiree to require the submission only if directed by the Board. -16- 7/21/92 Mr. Mouw moved approval of the proposed change to the Police and Fire ordinance plan to omit the annual medical report for disabled retirees unless requested by the Board, 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.P. Appointment to The Code Enforcement Board. The Commission is to consider the appointment of a member to the Code Enforcement Board to fill an unexpired term ending January 14, 1994. Approval is recommend- ed. Dr. Alperin moved to appoint William Stone to the Code Enforce- ment Board, seconded 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.Q. Appointment To The Police and Fire Pension Board of Trustees. The Commission is to consider the appointment of a member to fill the expired term of Leon Weekes. Dr. Alperin moved to appoint Robert Less to fill the expired term of Leon Weekes on the Police and Fire Pension Board of Trustees, 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. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.R. Resolution No. 76-92. Resolution No. 76-92, approving a resolution opposing any change in the Coastal Construction Control Line, is before the Commission for consideration. The City Manager presented Resolution No. 76-92: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OPPOSING ANY CHANGE IN THE COASTAL CONSTRUCTION CONTROL LINE. (Copy of Resolution No. 76-92 is on file in the official Resolution Book) Mayor Lynch suggested a letter be formally proposed and sent to Tallahassee and the Municipal League advising them that the City is opposed to the movement of the Coastal Construction Line which will affect the property value for the homes on the ocean and the tax base for the community. Mr. Randolph moved for the adoption of Resolution No. 76-92, 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. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS -17- 7/21/92 13.A.1. Mr. Andrews formally announced his resignation as City Commis- sioner effective November 1, 1992, in order to run for House District 87. 13.A.2. Mr. Andrews questioned the status of the beautification money for N.E. 3rd Avenue, between 8th and 14th Streets. The City Manager stated he would check into this matter further and advise the Commission. 13.A.3. Mr. Randolph stated he would like to readdress the item which was discussed on June 23, 1992 with regard to the vote on the Waterford/Delint DRI determination as a substantial deviation. He requested the Commission revisit this item and that it be placed on a future agenda. It was the consensus of the Commission to place this item on a Special Meeting agenda to be held on August 14, 1992, in order to ensure the full Commission will be present to consider the matter. 13.A.4. Mr. Randolph introduced his daughter Katrina to the Commission. She and his grandchildren are visiting from Orlando. 13.A.5. Dr. Alperin stated the Solid Waste Authority costs to truck garbage to Broward County by not using Site No. 1 is more than would have been spent if it had been kept where it is now. There is no more room for expansion in Dade County for facilities, only in Broward County. He stated the projected figures over the next twenty years are purely political, and he is not happy at all with it. Dr. Alperin requested staff get the numbers, formally, in order to see what is going to happen. 13.B.1. The Assistant City Attorney had no comments or inquiries at this time. 13.C.1. The City Manager had no comments or inquiries at this time. Mayor Lynch declared the meeting adjourned at 8:40 P.M. Acting City ~t~rk ATTEST: -18- 7/21/92 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 July 21, 1992, which minutes were formally approved and adopted by the City Commission on ~C3~ ~ ~ ~ ~ · Acting City ~-t~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. -19- 7/21/92