08-18-92SpMtg AUGUST 18, 1992
A Special Meeting of the City Commission of the City of Delray
Beach, Florida, was called to order by Mayor Thomas E. Lynch in the
Commission Chambers at City Hall at 6:10 P.M., Tuesday, August 18, 1992.
Roll call showed:
Present - Commissioner William Andrews (Arrived at 6:14 P.M.)
Commissioner Armand Mouw
Commissioner David Randolph
Mayor Thomas E. Lynch
Absent - Commissioner Jay Alperin
Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz
Mayor Lynch called the meeting to order and announced that this
meeting has been called for the purpose of considering the following:
1. Appointments to Various Advisory Boards to be made by Commis-
sioner Mouw.
Mr. Mouw moved to reappoint Robert Currie as a member to the
Planning and Zoning Board, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mr. Mouw - Yes; Mr. Randolph - Yes; Mayor
Lynch - Yes. Said motion passed with a 3 to 0 vote.
Mr. Mouw moved to reappoint Deborah Turner Oster as a member to
the Site Plan Review and Appearance Board, seconded by Mr. Randolph.
Upon roll call the Commission voted as follows: Mr. Randolph - Yes;
Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 3 to 0
vote.
Mr. Mouw moved to appoint Marjorie Ann Miller as a member to
the Historic Preservation Board, seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw -
Yes; Mr. Randolph - Yes. Said motion passed with a 3 to 0 vote.
Mr. Mouw moved to appoint Richard Morris as a member to the
Board of Construction Appeals, seconded by Mr. Randolph. Upon roll call
the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes;
Mr. Mouw - Yes. Said motion passed with a 3 to 0 vote.
Mr. Mouw deferred his appointment to the Education Board to a
later meeting and he will contact Anita Barba, the Board Secretary, to
indicate his readiness.
2. Appointment to the Planning and Zoning Board to be made by
Mayor Lynch.
Mr. Andrews arrived at this time.
Mayor Lynch announced his choice for a member to be appointed
to the Planning and Zoning Board to be Jay Felner.
Mr. Mouw moved to appoint Jay Felner as a member to the Plan-
ning and Zoning Board, seconded by Mr. Andrews. Upon roll call the
Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Mr.
Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0
vote.
3. .Request to purchase 5.5 feet of Cason Cottage property.
Mr. Mouw moved to approve the sale and requested that staff
negotiate a fair price, seconded by Mr. Andrews. Upon roll call the
Commission voted as follows: Mr. Mouw - Yes; Mr. Andrews - Yes; Mr.
Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0
vote.
4. Marina Cay Request for Extension of SAD.
Mr. Mouw stated he would like to have the SAD for Marina Cay
extended for one year and for the City to do whatever is necessary to
make this happen, even it this should require that the LDRs be amended.
Mr. Andrews commented that he feels amending the LDRs will set
a precedent and he thinks the City should find another alternative.
Upon question, David Kovacs, Planning Director, advised that
the City extended this project 18 months ago, in the hope that the
economy would improve.
Mr. Kovacs stated, if an extension is granted to Marina Cay, he
feels it should be for a five year period. Discussion followed.
The City Attorney stated the LDRs can be amended to provide for
a reenactment of the special relief section, or it can be approved as an
expansion for another 18 months using a retroactive application to the
ordinance process.
Mr. Mouw moved to direct staff to find a way to allow Marina
Cay to receive a one year extension, seconded by Mr. Andrews. Upon roll
call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph -
Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to
0 vote.
Before roll call the following discussion was had.
Mr. Kovacs stated he is contemplating drafting an ordinance
allowing Marina Cay to receive perpetual extensions with an annual
review by the Commission. The City Attorney stated the ordinance Mr.
Kovacs has in mind will apply to all SADs, not specifically to one
project.
At this point the roll was called to the motion.
5.. Consider Executing an Order in the Delta Petroleum Corporation
vs. City of Delray Beach.
The City Attorney stated the City has not written orders with
respect to denials or approvals of a variety of Land Use issues,
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rezonings, etc. Previous appeals have been filed and other courts have
accepted them. This particular Judge read the appellate rules and
indicated that he needs a written order before he can commence.
Mr. Mouw questioned why the City doesn't just give the Judge
what he is asking for and allow the case to proceed.
Mr. Mouw moved to direct the City to submit the written order
to the Judge as requested, seconded by Mr. Andrews. Upon roll call the
Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes;
Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0
vote.
6. Accept an Offer of Settlement in the Amount of $9,000 in the
Robert Rollinson vs. the City of Delra¥ Beach Case.
The City Attorney stated that Mr. Rollinson was jogging on the
east side of Dover Road when an automobile crossed over its lane onto
the shoulder of the road and struck Mr. Rollinson. The allegation has
been made that the design/maintenance of the road effected the accident.
It is his belief that the case is very defensible and he is recommending
that a settlement be made.
Mr. Mouw moved for approval of the settlement in the amount of
$9,000, seconded by Mr. Randolph. Upon roll call the Commission voted
as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Mr.
Andrews -.Yes. Said motion passed with a 4 to 0 vote.
7. Authorization to Allocate Funding. The Commission is to
consider authorizing funding in the Amount of $564,015 from the Storm-
water Utility Fund Non-Operating Project Reserve (Account No.
448-5411-538-90.41) to offset the costs of acquisition of property in
conjunction with the S.D. Spady Access improvements project. The Palm
Beach County School Board will refund 50% of the cost of acquisition up
to $400,000 at the time of closing.
Mr. Randolph advised that, due to his interest in this particu-
lar area, he will be abstaining from action on this issue.
Mr. Andrews moved for approval to authorize the appropriate
funding, seconded by Mr. Mouw. Upon roll call the Commission voted as
follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Mr. Andrews - Yes. Said
motion passed with a 3 to 0 vote.
Mayor Lynch declared the meeting adjourned at 6:37 P.M.
ATTEST:
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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 August 18, 1992, which minutes were formally
approved and adopted by the City Commission on
City -C-~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.
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