08-11-92 AUGUST 11, 1992
A Regular Meeting of the City Commission of the City of Delray
Beach, Florida, was called to order by Mayor Thomas E. Lynch in the
Commission Chambers at City Hall at 6:01 P.M., Tuesday, August 11, 1992.
1. Roll call showed:
Present - Commissioner Jay Alperin
Commissioner William Andrews
Commissioner David Randolph
Mayor Thomas E. Lynch
Absent - Commissioner Armand Mouw
Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz
2. The opening prayer was delivered by Reverend Ralph Nygard,
Barwick Road Baptist Church.
3. The Pledge of Allegiance to the flag of the United States of
America was given.
4. The City Manager stated that Items No. 9.0. and 9.P. have been
added to the Regular Agenda and advised that the account number in Item
No. 9.0. needs to be corrected to read - Decade of Excellence (Account
No. 225-3161-541-61.39). He requested that Item No. 9.D. be removed
from the Regular Agenda at the request of the applicant.
Dr. Alperin moved approval of the agenda, as amended, seconded
by Mr. Randolph. 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.
5. Mr. Randolph moved approval of the Regular Meeting minutes of
July 21, 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. Said motion passed with a 4 to 0 vote.
Dr. Alperin moved approval of the Special Meeting minutes of
August 4, 1992, seconded by Mr. Andrews. Upon roll call the Commission
voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch -
Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote.
6. Proclamations. NONE.
7. Presentations.
7.A.1. Mayor Lynch announced that the first presentation will be the
awarding of three Scholarship Awards by Perry DonFrancisco and Helen
Coopersmith, representing Delray Citizens for Delray Police. A $500
award was presented to the following persons: Kelly Cochrane, Carolyn
Evans and Kirsten Herndon.
7.A.2. Richard Overman, Police Chief, and Michael Wright, Police
Information Officer, presented $1000 Memorial Scholarship Awards from a
fund established in memory of Jerry Paller, to the following persons:
Gregory Kirkwood, Kevin Scott, Robert L. Newton, Jr., Mario Montesinos
and Shedrick Ridley.
7.B. Resolution No. 84-92. Resolution No. 84-92, recognizing and
commending John W. Elliott, Jr., for his accomplishments and service to
the City of Delray Beach, is before the Commission for consideration.
The caption of Resolution No. 84-92 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, RECOGNIZING AND COMMENDING JOHN W.
ELLIOTT, JR. FOR HIS ACCOMPLISHMENTS AND SERVICE TO THE
CITY OF DELRAY BEACH, FLORIDA.
(Copy of Resolution No. 84-92 is on file in the official
Resolution Book)
Mayor Lynch read and presented Resolution No. 84-92 and a
plaque to Assistant City Manager John Elliott.
Mr. Randolph moved approval of Resolution No. 84-92, seconded
by Dr. Alperin. Upon roll call the Commission voted as follows: Mr.
Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes.
Said motion passed with a 4 to 0 vote.
CONSENT AGENDA
The following items were considered by the Commission as the
Consent Agenda:
8.A. Acceptance of Final Statement/Community Development Block
Grant. The Commission is to consider accepting the Final Statement of
Objectives and Projected Use of Funds for Fiscal Year 1992/1993 for
Community Development Block Grant funding and authorizing staff to
forward this proposal to the Department of Housing and Urban Development
for funding consideration. Approval is recommended.
8.B. Resolution No. 86-92. Resolution No. 86-92, vacating and
abandoning an 80 foot section of Dixie Boulevard right-of-way and a
three foot utility easement in conjunction with the replat of the Aiden
property located south of Avenue A between Dixie and Federal Highways,
is before the Commission for consideration. Approval is recommended.
The caption of Resolution No. 86-92 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, VACATING AND ABANDONING AN 80 FOOT
PORTION OF DIXIE BOULEVARD RIGHT-OF-WAY, TOGETHER WITH A
3 FOOT UTILITY EASEMENT, LOCATED WITHIN BLOCK 17,
DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 14, PAGES 9 AND 10 OF THE PUBLIC RECORDS OF
-2- 8/11/92
PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED HEREIN.
(Copy of Resolution No. 86-92 is on file in the official
Resolution Book)
8.C. Final Plat Approval. The Commission is to consider approval of
the final boundary plat for the Aiden property located south of Avenue A
between Dixie and Federal Highways. Approval is recommended.
8.D. Ratification of South Central Regional Wastewater Treatment and
Disposal Board Action. The Commission is to consider ratifying the
South Central Regional Wastewater Treatment and Disposal Board action of
July 23, 1992, authorizing the usage of excess Operating Revenues for
Fiscal Year 1991/92 to finance Phase I Reuse Engineering with Brown and
Caldwell in the amount of $199,620. Ratification is recommended.
8.E. Ratification of South Central Reqional Wastewater Treatment and
Disposal Board Action. The Commission is to consider ratifying the
South Central Regional Wastewater Treatment and Disposal Board action of
July 23, 1992, authorizing the usage of funds from the Sinking Fund in
an amount not to exceed $65,000 for repairs to the Centrifuge. Ratifi-
cation is recommended.
8.F. Resolution No. 85-92. Resolution No. 85-92, assessing the
costs for abatement action necessary to remove nuisances from 31 proper-
ties located within the City, is before the Commission for considera-
tion.
The caption of Resolution No. 85-92 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 ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
(Copy of Resolution No. 85-92 is on file in the official
Resolution Book)
8.G. Award of Bids and Contracts.
1. City Attorney's Office Exterior Renovations - Bimecap
Construction in the amount of $79,399 with funding from 1987
Utility Tax - Renovate City Attorney's Office (Account No.
333-1651-514-61.50).
-3- 8/11/92
2. 72" Toro Riding Mower - Municipal Golf Course - Hector Turf
(GSA contract) in the amount of $12,615.78 with funding from
Municipal Golf Course - Capital Equipment (Account No.
445-4761-572-60.89).
3. Maintenance Agreement - Atomic Absorption and Gas
Chromatograph/Water Treatment Plant - Perkin Elmer in the
amount of $15,561 with funding from Water and Sewer Fund
Electrical Maintenance Contracts (Account No.
441-5122-536-33.37).
4. Annual Automotive Parts Contract - City Garage - Multiple
Vendors in the estimated annual amount of $19,300 with funding
from Garage Inventory (Account No. 501-3311-591-36.21).
5. Portable and Mobile Radios - Fire Department - Motorola C &
E in the amount of $16,093.30 with funding from Fire Equipment
Other (Account No. 001-2315-526-60.89).
8.H. Resolution No. 88-92. Resolution No. 88-92, authorizing the
acquisition of the F.E.C. Railway and Elks properties at N.E. 3rd Street
and N.E. 4th Avenue for the public purpose of constructing a Master
Booster Station, is before the Commission for consideration.
The caption of Resolution No. 88-92 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE ACQUISITION IN FEE SIMPLE
OF CERTAIN REAL PROPERTY, FOR THE PUBLIC PURPOSE OF
CONSTRUCTING THEREON A SEWER IN-LINE BOOSTER MASTER PUMP
STATION, FINDING THAT THE ACQUISITION OF SAID PROPERTY IS
REASONABLY NECESSARY FOR THE IMPROVEMENT OF ITS MUNICIPAL
SEWER SYSTEM; PROVIDING THAT IN THE EVENT EMINENT DOMAIN
PROCEEDINGS ARE NECESSARY, THE CITY ATTORNEY IS AUTHOR-
IZED TO RETAIN THE SERVICES OF APPRAISERS, EXPERTS IN
OTHER DISCIPLINES, AND PRIVATE COUNSEL TO ASSIST THE CITY
ATTORNEY IN THIS MATTER; PROVIDING AN EFFECTIVE DATE, AND
FOR OTHER PURPOSES.
(Copy of Resolution No. 88-92 is on file in the official
Resolution Book)
8.I. Resolution No. 89-92. Resolution No. 89-92, authorizing the
acquisition of Lots 1-6, Block 44 and Lot 16, Block 43 for the public
purpose of expanding the Municipal Tennis Center, is before the Commis-
sion for consideration.
The caption of Resolution No. 89-92 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, REPEALING RESOLUTION NO. 69-92 IN ITS
ENTIRETY AND AUTHORIZING THE ACQUISITION IN FEE SIMPLE OF
CERTAIN REAL PROPERTY, FOR THE PUBLIC PURPOSE OF EXPAND-
ING AND IMPROVING ITS MUNICIPAL TENNIS CENTER, FINDING
-4- 8/11/92
THAT THE ACQUISITION OF SAID PROPERTY IS REASONABLY
NECESSARY FOR THE EXPANSION AND IMPROVEMENT OF ITS
MUNICIPAL TENNIS CENTER; PROVIDING THAT IN THE EVENT
EMINENT DOMAIN PROCEEDINGS ARE NECESSARY, THE CITY
ATTORNEY IS AUTHORIZED TO RETAIN THE SERVICES OF APPRAIS-
ERS, EXPERTS IN OTHER DISCIPLINES, AND PRIVATE COUNSEL TO
ASSIST THE CITY ATTORNEY IN THIS MATTER; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
(Copy of Resolution No. 89-92 is on file in the official
Resolution Book)
Dr. Alperin moved approval of the Consent Agenda, seconded by
Mr. Andrews. Upon roll call the Commission voted as follows: Mayor
Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes.
Said motion passed with a 4 to 0 vote.
REGULAR AGENDA
9.A. Review of Appealable Land Development Actions of Various
Boards. The Commission is to consider accepting actions and decisions
made by the Planning and Zoning Board, Site Plan Review and Appearance
Board and the Historic Preservation Board during the period July 27,
1992 through August 7, 1992.
Dr. Alperin moved to receive and file the report, seconded by
Mr. Randolph. 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.
9.B. Atlantic Plaza Deck. The Commission is to consider the propos-
al for the Atlantic Plaza Deck expansion.
The City Attorney stated that some time ago Mr. Simon appeared
before the Commission, at which time the possible expansion of a deck
for Jalapeno's restaurant into the Public parking lot adjacent to
Veterans Park was discussed. Since then three alternatives have been
considered. In each of the alternatives, it will be necessary to make a
Land Use Plan change, an attendant zoning change and a variance process
before the Board of Adjustment. The request tonight is for direction
from the Commission as to which alternative, if any, they would be in
agreement with, in order that proceedings may begin. The City Attorney
outlined the three alternatives in more detail, as follows:
1) License Agreement - Mr. Simon is willing to pay approxi-
mately $1000 a year for the license for a swap of parking lots
at Atlantic Plaza. It is his understanding that staff would
prefer that the City receive some compensation, as opposed to a
swap of spaces.
2) Sale of three or four parking spaces - Mr. Simon would be
willing to purchase these parking spaces in exchange for spaces
within Atlantic Plaza, thereby alleviating the City's landowner
liabilities and possibly easing the Land Use question.
-5- 8/11/92
3) The new parking lot currently being developed by Mr. Simon
on the corner across from Atlantic Plaza contains 54 spaces.
There are 51 spaces on the west row in Veterans Park. The
exchange of the parking lots would result in an increase in
spaces permanently dedicated to general public parking.
Dr. Alperin commented that alternate number two appeared most
appropriate to him, but he feels a reverter clause should be included
for the three or four spaces.
The City Manager stated that restaurants have a tendency to
come and go and he would prefer that the City retain those parking
spaces. He feels it would be more appropriate to choose the license
agreement and give the City four replacement spaces for the time the
agreement is in effect.
The City Attorney stated, if the City entered into a sale that
would encompass a reverter clause, the agreement would go with the use
and would be between the City and Mr. Simon/Owners of Atlantic Plaza.
Mayor Lynch and Mr. Andrews agreed that they would not be in
support of a sale, but would prefer a license agreement with a strong
hold harmless clause.
Mr. Andrews mentioned the possibility of running into problems
regarding noise and questioned the adequacy of the City's current noise
ordinance. The City Attorney advised this could be included in the
license agreement.
The Commission concurred to go with the license agreement and
the City Attorney stated he will have a draft for the Commission to
consider at the first Regular Commission meeting in September, 1992.
~/9.C. Lake Worth Drainage District Proposal/Davis Road. The Commis-
sion is to consider a proposal from the Lake Worth Drainage District
which provides that, in order for Davis Road to be reopened, the City
will install, maintain and remove as necessary a guard rail along the
westerly portion of the E-4 Canal and indemnify the District against all
claims.
The City Manager stated the Lake Worth Drainage District has
dredged the E-4 Canal and deposited some material onto Davis Road,
closing the road. There is no street right-of-way; some of it is
located on private property and some on Lake Worth Drainage District
right-of-way. The drainage district has advised that they will allow
the City to take over and maintain the road, but they will no longer be
responsible for it. Since it is a substandard road in width and con-
struction, he is recommending that this portion of the road be perma-
nently closed.
David Kovacs, Planning Director gave an overview of the road
and the surrounding properties that will be affected should this portion
of Davis Road be permanently closed.
-6- 8/11/92
Stanley Tate, N. Miami, owner of a portion of the affected
property, gave a brief report on the history behind this property. He
objects to the recommendation that a portion of Davis Road be abandoned,
as his property could then become landlocked.
The City Attorney stated the question tonight does not neces-
sarily relate to Mr. Tate's property, but whether or not the City wants
to assume responsibility with regard to right-of-way that is within
control of the Lake Worth Drainage District. LWDD no longer wants the
public to traverse that portion of the road that they control; however,
if the City assumes liability and maintenance responsibility, they have
no objection to allowing the public to travel this road. It is his
understanding that staff is of the opinion that it is not in the City's
best interest to do so. He would not recommend that the City assume
this responsibility.
The City Manager stated the issue is not the closing of the
road by the City; Lake Worth Drainage District has informed the City
that they are closing the road unless the City assumes responsibility
for maintaining it. He is not aware of any provisions in the agreement
regarding the right-of-way through Mr. Tate's property.
Dr. Alperin moved to table this item until such time as the
City Attorney can review the history of the right-of-way, meet with Mr.
Tate's counsel and Mark Perry, counsel to the Lake Worth Drainage
District, and returns to the Commission with recommendations, 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.
At this point, the time being 7:10 P.M., the Commission moved
to the duly advertised Public Hearing portion of the agenda.
PUBLIC HEARINGS
10.A. Request for Waiver of the Sign Code/Delray Mazda. The Commis-
sion is to consider conducting a public hearing on a request from Delray
Mazda for a waiver of Section 4.6.7 (e) (7) of the Sign Code to permit an
additional sign on Federal Highway. Prior to consideration of this
request, a public hearing has been scheduled to be held at this time.
The City Attorney stated a request has been received to contin-
ue this item; however, since it has been advertised, if anyone would
like to come forward and speak at this time, they should be allowed to
do so.
A public hearing was held having been legally advertised in
com~pliance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida.
Dr. Alperin moved that this item be continued until September
8, 1992, seconded by Mr. Randolph. Upon roll call the Commission voted
as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes;
Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote.
-7- 8/11/92
10.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 Second and FINAL
Reading. Site Plan Review Board and Chamber of Commerce Blue Ribbon
Task Force recommend approval. Prior to consideration of passage of
this ordinance on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time.
The City Manager presented Ordinance No. 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.
(Copy of Ordinance No. 23-92 is on file in the official Ordi-
nance Book)
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.
Mr. Randolph moved for the adoption of Ordinance No. 23-92 on
Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the
Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr.
Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0
vote.
10.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 visible suite and bay designations, is before the Commission for
consideration on Second and FINAL Reading. Prior to consideration of
passage of this ordinance on Second and FINAL Reading, a public hearing
has been scheduled to be held at this time.
The City Manager presented Ordinance No. 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),
-8- 8/11/92
"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;
PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE
DATE.
(Copy of Ordinance No. 26-92 is on file in the official Ordi-
nance Book)
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. 26-92 on
Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the
Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr.
Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0
vote.
11. Comments and Inquiries on Non-Agenda Items from the Public.
ll.A.1. The City Manager stated on July 21, 1992, Ms. Fuller expressed
concern regarding problems with persons accessing her home located on
N.W. 2nd Street. The problem has been resolved, as well as problems
that some of her neighbors have been experiencing.
ll.A.2. The City Manager advised that the problem Mr. Scott had
regarding the award of the towing contract to Zuccala and a fee from
them that was not in compliance with the bid specifications was turned
over to the City Attorney's office. The City Attorney stated his office
is presently reviewing all Zuccala's bills. Mayor Lynch requested that
the City Attorney contact Mr. Scott and so inform him.
ll.A.3. The City Manager stated, in response to Mr. Brown's concern
pertaining to the upcoming resolution to condemn property in the area of
the Tennis Center expansion, the Community Improvement Director has been
in contact with each of the property owners and is working with them to
help in the transition to other living quarters.
ll.A.4. The City Manager responded to Mr. Jackel's request to proceed
with Lake Ida Road, stating that he has directed staff to review the
options to improve the appearance.
ll.B.1. Gerald Fillipi, Vice-President, Board of Directors, High Point
Section IV, questioned the status of the water and sewer rates, the
garbage and recycling collection fees and the stormwater utility tax.
He referred to correspondence in 1990 and 1991, regarding the stormwater
transfer and maintenance to the City and feels the condos should be
treated in the same manner that the City treats the maintenance of the
sewer and water line.
-9- 8/11/92
The City Manager advised that the City is looking at a 5%
increase in water and sewer rates, no increase in the stormwater utili-
ty, and garbage and recycling collection is controlled by the contract
with Waste Management, which allows an increase equivalent to the
Consumer Price Index, which is just under 3% this year. The final
numbers are not available at this time from Waste Management. The City
has a draft document on a policy for handling the transfer of stormwater
systems to the City for maintenance and he hopes to have this completed
soon.
ll.B.2. Arthur Jackel, resident, expressed concern regarding a serious
traffic problem at the intersection of 1-95 and Linton Boulevard and the
possible future site for Builders Square.
ll.B.3. Helen Coopersmith, High Point, questioned if one of the seven
sections at High Point should agree to the stormwater transfer into the
City, will it be necessary for the remaining six sections to follow.
The City Manager responded that it will not be necessary for all sec-
tions to transfer.
ll.B.4. Gerald DeFoe, Country Manors, commented that he is also con-
cerned with the traffic situation at the possible future site of Build-
ers Square.
lloB.5. Lillian Feldman, resident, voiced her opposition to any build-
ing that will be approved for the intersection of 1-95 and Linton
Boulevard because of the traffic situation.
FIRST READINGS
12. NONE.
At this time the Commission returned to the Regular Agenda.
9.D. REMOVED FROM THE AGENDA.
9.E. Settlement Offer/Gammage. The Commission is to consider an
offer of settlement in the amount of $90,000 from Sholanda Gammage to
settle pending litigation against the City. The City Attorney's office
recommends acceptance.
The City Attorney stated this case involves a situation in
which one of the City's officers was involved in an automobile accident.
He and the Risk Management Officer feel that $90,000 is a good settle-
ment and in the best interest of the City.
Dr. Alperin moved to settle for the $90,000 offer, seconded by
Mr. Andrews. Upon roll call the Commission voted as follows: Mayor
Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes.
Said motion passed with a 4 to 0 vote.
9.F. Service Authorization No. 3/Lawson and Noble. The City Commis-
sion is to consider approval of Service Authorization No. 3 to the
contract with Lawson and Noble, Inc., in the amount of $6,556.50 and up
-10- 8/11/92
to $900 for reimbursable expenses for civil engineering and surveying
services to correct deficiencies at Allamanda Gardens, with funding from
General Construction Fund - Allamanda Gardens Improvements - Other
(Account No. 334-1978-554-60.69). City Manager recommends approval.
The City Manager stated this is for survey work needed prior to
the completion of the sidewalk, street and utility improvements for
Allamanda Gardens.
The City Attorney stated there are minor form changes that his
office would like to see made in the Service Authorization and he would
like the motion to include those modifications.
Dr. Alperin moved for approval of Service Authorization No. 3,
with modifications requested by the City Attorney, seconded by Mr.
Randolph. 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.
9.G. Amendment to the Policies and Procedures/County Court Citation
Program. The Commission is to consider a recommendation by the Neigh-
borhood Task Team which would add an additional category to the Policies
and Procedures which regulate the County Court Citation (Code Enforce-
ment) program to address violators who refuse to adhere to the Code of
Ordinances or Code Enforcement Board Orders. City Manager recommends
approval.
Lula Butler, Director of Community Improvement, stated the Task
Team is looking at repeat violators and a better way to encourage
compliance. She is requesting that when a third violation is issued for
the same offense, a citation program can be used, as opposed to the Code
Enforcement Board procedure.
The City Attorney stated he would like to make it clear that
this fifth category would be utilized after citations for two convic-
tions for the same offense. He recommended giving Mrs. Butler greater
discretion to pursue alternatives to the court system. His suggestion
would be to expand what has been recommended by the Task Team.
Dr. Alperin expressed the feeling that the ticket system should
be used not only for a conviction but, also for a violation, as it
appears to be more effective.
Dr. Alperin moved to direct staff to use their discretion as to
when tickets are issued, but allow them to be used for any and all
violations, seconded by Mr. Andrews. Upon roll call the Commission
voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph -
No; Mayor Lynch - Yes. Said motion passed with a 3 to 1 vote.
9.H. Resolution No. 87-92/Appointments to the Swinton Avenue Beauti-
fication Task Team. Resolution No. 87-92, establishing the Swinton
Avenue Beautification Task Team and subsequent appointments to the Task
Team, is before the City Commission for consideration. City Manager
recommends approval.
-11- 8/11/92
The City Manager presented Resolution No. 87-92:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE ESTABLISHMENT OF THE
SWINTON AVENUE TASK TEAM AS AN ADVISORY BODY TO THE CITY
COMMISSION; PROVIDING FOR THE AUTHORITY OF SAID TASK
TEAM; PROVIDING FOR THE COMPOSITION OF SAID TASK TEAM AND
RATIFICATION OF MEMBERSHIP APPOINTMENTS BY THE CITY
COMMISSION; PROVIDING AN EFFECTIVE DATE; AND SETTING A
SUNSET DATE.
(Copy of Resolution No. 87-92 is on file in the official
Resolution Book)
The consensus of the Commission was to hold the list to a total
of eight names, as follows:
Gene Fisher Swinton Avenue resident and member of the Site Plan
Review and Appearance Board.
Ann Fulton Swinton Avenue property owner and member of the
Neighborhood Task Team.
Mary Lou Jamison Swinton Avenue resident.
Mark Little Swinton Avenue resident.
Joann Peart Lives on N.W. 9th Street, active with Historical
Society, Garden Clubs and the Neighborhood Task
Team.
Grant Thornbrough Landscape Architect and Principal of L.A. Firm on
Swinton Avenue.
Michael Weiner Attorney and owner of Law Offices on Swinton Avenue
and active in Weiner Pineapple Grove Support Group.
Bill Wilsher Landscape Architect and Superintendent of Palm Beach
County Parks Department, Swinton Avenue resident, ex
Site Plan Review and Appearance Board member.
Mr. Randolph moved for the adoption of Resolution No. 87-92, as
amended, with the list of eight names as read by Mayor Lynch, seconded
by Dr. Alperin. Upon roll call the Commission voted as follows: Mr.
Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes.
Said motion passed with a 4 to 0 vote.
9.I. Appointments to the Planning and Zoning Board. The Commission
is to consider appointing four members to the Planning and Zoning Board
to fill the positions of Robert G. Currie, Jean Beer, Tom Purdo and
Lawrence Parker whose terms expire August 31, 1992.
-12- 8/11/92
Mayor Lynch requested that his appointment be postponed until
next week at the Special Meeting. Mr. Mouw will also be making his
appointments at that time.
Dr. Alperin moved to reappoint Jean Beer as a member to the
Planning and Zoning Board, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr.
Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0
vote.
Mr. Andrews moved to appoint Karen Kiselewski as a member to
the Planning and Zoning Board, seconded by Dr. Alperin. Upon roll call
the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes;
Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0
vote.
9.J. Appointments to the Site Plan Review and Appearance Board. The
Commission is to consider appointing four members to the Site Plan
Review and Appearance Board to fill the positions of Gene D. Fisher,
Samuel M. DeOto, Jess Sowards and Debora Turner Oster whose terms expire
August 31, 1992.
Mr. Andrews moved to reappoint Gene Fisher as a layperson to
the Site Plan Review and Appearance Board, seconded by Dr. Alperin.
Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr.
Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion
passed with a 4 to 0 vote.
Mr. Randolph moved to appoint Richard Mouw as a layperson to
the Site Plan Review and Appearance Board, seconded by Dr. Alperin.
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.
Mayor Lynch expressed the desire to continue with Jess Sowards,
an architect.
Mr. Andrews moved to reappoint Jess Sowards as an architect to
the Site Plan Review and Appearance Board, seconded by Dr. Alperin.
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.
9.K. Appointments to the Historic Preservation Board. The Commis-
sion is to consider appointing four members to the Historic Preservation
Board to fill the positions of K. Wayne Campbell, Christine B. Bull,
Daniel H. Carter and James "Buck" Miller whose terms expire August 31,
1992.
Mayor Lynch requested that Christine Bull be reappointed.
Dr. Alperin moved to reappoint Christine Bull as a member to
the Historic Preservation Board, seconded by Mr. Andrews. Upon roll
call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph -
-13- 8/11/92
Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4
to 0 vote.
Dr. Alperin moved to reappoint James "Buck" Miller as a member
to the Historic Preservation Board, seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch -
Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4
to 0 vote.
Mr. Andrews moved to reappoint Daniel H. Carter as a member to
the Historic Preservation Board, seconded by Mr. Randolph. 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.
9.L. Appointments to the Board of Adjustment. The Commission is to
consider appointing three members to the Board of Adjustment to fill one
vacant position and the positions of Michael G. Park and Jon R. Levinson
whose terms expire August 31, 1992.
Mr. Andrews moved to appoint Michael Eisenrod as a member to
the Board of Adjustment, seconded by Mr. Randolph. 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. Randolph moved to reappoint Michael G. Park as a member to
the Board of Adjustment, 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.
Mayor Lynch commented that he would be in favor of reappointing
Jon R. Levinson.
Dr. Alperin moved to reappoint Jon Levinson as a member to the
Board of Adjustment, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - No; Mr.
Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 3 to 1
vote.
9.M. Appointments to the Board of Construction Appeals. The Commis-
sion is to consider the appointment of five members to the Board of
Construction Appeals to fill the positions of John Gwynn, Richard
Morris, Richard M. Oldham, William Koch III and Richard Sheremeta whose
terms expire August 31, 1992.
Mr. Randolph moved to reappoint John Gwynn as a general con-
tractor to the Board of Construction Appeals, seconded by Mr. Andrews.
Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr.
Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion
passed with a 4 to 0 vote.
-14- 8/11/92
Mayor Lynch stated his choice for a master electrician would be
Arthur King.
Dr. Alperin moved to appoint Arthur King as a master electri-
cian to the Board of Construction Appeals, seconded by Mr. Andrews.
Upon roll call the Commission voted as follows: Mr. Randolph - Yes;
Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion
passed with a 4 to 0 vote.
Dr. Alperin moved to reappoint William Koch III as a real
estate broker to the Board of Construction Appeals, seconded by Mr.
Randolph. Upon roll call the Commission voted as follows: Mayor Lynch
- Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said
motion passed with a 4 to 0 vote.
Mr. Andrews moved to reappoint Richard Sheremeta as an engineer
to the Board of Construction Appeals, seconded by Dr. Alperin. Upon
roll call the Commission voted as follows: Mayor Lynch - Yes; Dr.
Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion
passed with a 4 to 0 vote.
9.N. Pension Plan Cost of Living Increase. The Commission is to
consider staff's alternatives and provide direction with regard to a
cost of living increase for General, Police and Fire retirees.
The City Manager stated the Police and Fire Pension Board is
requesting direction as to what alternatives the City would like the
actuaries to price out. He would like the Commission to bear in mind
that the general employees must also be considered. Some individual
situations and the history of cost of living increases in the City's
pension plans have been outlined by the Finance Director. One sugges-
tion might be to increase the minimum monthly pension benefit to $300
and issue a 2% cost of living increase on a graduated scale. Another
alternative, although it may be quite expensive, would be to price out a
built-in cost of living adjustment. He feels a reasonable way to do
this would be to use one-half the Consumer Index Price with a 3% cap.
The City Attorney stated this is a union-negotiated item. There
are union and non-union retirees in the pension plan and the union has
an obligation to bargain for their membership. One of the items that is
subject to bargaining is pension benefits. He has met with the FOP and,
with respect to COLA increases, they would like the City to consider a
plan wherein the retiree would receive no COLA increase for the first
two years after retirement, but would receive a 3% cost of living
increase every year thereafter.
Upon a request from the City Manager, Joe Safford, Finance
Director, explained that there are many different scenarios of people
that are retired; people with 25 years of service and some with six or
seven years of service that are on retirement for disability reasons.
One thought was for the longer term employee to receive a higher cost of
living than the more current employee by using a scale-down based on the
date of retirement and the number of years of service.
-15- 8/11/92
Ray Gerner, retired Fire Captain, stated the retirees recently
received a letter informing them that their insurance premium will be
increasing on October 1, 1992. He expressed his appreciation for the
positive comments that he is hearing tonight from the Commission.
Dr. Alperin expressed concern with regard to those retirees on
disability and their refusal to have corrective surgery. Mr. Safford
recommended that the City not interfere with the handling of disability
retirees; however, it does have a financial impact on the pension plan.
Upon question by Dr. Alperin, the City Attorney advised the City has no
control over the percentage of pay a disabled individual can receive.
Upon question by Mr. Safford as to whether there is any stipulation that
an employee must have any kind of vested interest in the plan prior to
the disability plan taking effect, the City Attorney advised it can
happen on the first day of employment. As for cost of living, he stated
that those persons on disability and those on retirement can be
separated.
The City Attorney stated the first option outlined by the
Police and Firefighters Pension Board is raising the minimum to $300
with a 2% across-the-board increase for retirees and questioned if there
is support by the Commission to have this reviewed. Dr. Alperin com-
mented that he is in favor of a $300 minimum with graduated figures, as
opposed to across the board figures. The Commission concurred that a
reverse graduation would be their choice, with those retirees at the
lower end receiving more. Mr. Safford questioned, should the cost of
living be 3%, if that can be used as the maximum with 1% as the floor
and be graduated in between, based on the number of years of service and
age of retirement. He also reminded the Commission that this is a
one-time adjustment. At this point Mr. Randolph recommended a minimum
of $400 along with the use of a bar graph and a graduated scale from 0%
to 5%.
The City Attorney stated direction is needed in order to return
with numbers to the Commission. Should a $400 minimum be proposed, for
a one-time graduated scale, with Mr. Safford compiling the details of
the graduation, the actuary will supply the numbers and the Commission
can then consider whether or not the City can afford the amount; if not,
other alternatives must be looked at.
The Commission concurred on the following three proposals:
1) Minimum $400 pension with a graduated scale of 0% to 5% on
a one-year basis
2) Minimum $400 pension with a graduated scale of 0% to 10%
3) Minimum $400 with a cost of living cap at 3% (one-half of
the Consumer Price Index)
9.0. Change Order No. 3/Molloy Brothers, Inc. The Commission is to
consider authorizing the acceleration of a N.W. Drainage Outfall Project
(N.W. 3rd Avenue) and to approve a change order in the amount of
$277,469 to reconstruct N.W. 3rd Avenue from N.W. 2nd Street to Atlantic
Avenue and extend a 10-inch DIP water main from N.W. 3rd Avenue along
-16- 8/11/92
N.W. 1st Street to tie into an existing 10-inch DIP water main at N.W.
2nd Avenue. Funding is available in the Decade of Excellence N.W.
Drainage Project in the amount of $154,355 - (Account No.
225-3161-541-61.39) and the 1991 Water and Sewer Revenue Bond - Water
Distribution Improvements in the amount of $123,114 - (Account No.
447-5174-536-61.78).
Mr. Randolph moved for approval of Change Order No. 3 to Molloy
Brothers, Inc., seconded by Dr. Alperin. 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.
9.P. Removal of Replacement of Water and Sewer Lines/Tennis Center
Expansion. The Commission is to consider an award of bid to
Johnson-Davis, Inc., one of the City's utility emergency contractors, in
the amount of $43,300 to remove an existing ten-inch water main and an
existing eight inch sanitary sewer main and to install new water and
sewer mains to serve the Community Center, Fire Department and Tennis
Center site. Funding is available in Water and Sewer Renewal and
Replacement - Manhole R & R (Account No. 442-5178-536-61.84).
Dr. Alperin moved for approval of the award of bid, seconded by
Mr. Randolph. 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.
13.A.1. Mr. Andrews stated he feels the Land Development Regulations
need to be streamlined. He feels it is unnecessary to hold a public
hearing on a conditional use for the tennis center when the Commission
has previously approved it. The City Manager stated that by going
through the process, it may yield some valuable comments that will make
it a better project when completed.
13.A.2. Mr. Randolph questioned, on consensus of the Commission, if a
short progress report from the City Manager could be given at each
meeting in order that they may stay on top of the tennis stadium
project. The City Manager stated he would give each Commissioner a copy
of the minutes from the DSMG meetings each week that should keep them
informed.
13.A.3. Dr. Alperin questioned the unsightly substitute for landscaping
that was to be in place for the Hardaway Storage area on Congress
Avenue.
13.A.4. Dr. Alperin commented that a couple of members of the Neighbor-
hood Task Team expressed the feeling to him that some opinions have not
been agreed to by the majority and it might be in the best interest of
the Commission to hear some of those opinions.
13.A.5. Mayor Lynch stated on Thursday, August 13th at 10:00 A.M., a
ground-breaking will be held for Fire Station No. 1.
-17- 8/11/92
13.A.6. Mayor Lynch reminded everyone there is a luncheon at the Delray
Golf Club on Wednesday, August 12th at 12:00 noon, in honor of John
Elliott.
13.A.7. Mayor Lynch requested that the City Manager give a status
report of the parking on Dixie Highway. The City Manager advised it is
his understanding that it is a dead issue.
13.B.1. The City Attorney stated he attended a meeting last week of
interested property owners on the Coastal Construction line issue. The
attorneys present were trying to put together a group that would act as
a class action to challenge the rule at a cabinet level and an admini-
strative level, assuming the cabinet passed on the matter. In order to
do this, they proposed that a number of world renowned experts be hired
to prepare a documentation at a cost of approximately $300,000. In
addition, they estimate that attorney fees and accumulated costs would
amount to another $300,000. He requested direction from the Commission
whether or not they would like to participate in this effort.
The City Manager stated, upon discussion of this effort with
other managers of beach communities, there is a strong feeling that this
will be a political decision and should be approached that way. They
are questioning the wisdom of spending $300,000 to get an expert opinion
when the results of that opinion is unknown and may do more harm than
good. Discussion followed.
The consensus of the Commission was not to participate.
Mr. Kovacs stated that on Thursday, August 20th, a Special
Meeting and Public Hearing will be held on the stadium expansion and
tennis center. The Board of Adjustment will meet at 6:00 P.M. for the
variance hearings and the Planning and Zoning Board at 7:00 P.M. for
zoning and conditional use, the only public meeting of the full presen-
tation for the tennis center project.
Mayor Lynch declared the meeting adjourned at 9:01 P.M.
- ~City ~Ci~k /
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
-18- 8/11/92
of said City Commission of August 11, 1992, which minutes were formally
and adopted by the City Commission on 0_~9/~ ~2~ /~D ·
approved
City Cl~rk
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- 8/11/92