10-13-92 OCTOBER 13, 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 6:10 P.M., Tuesday, October 13,
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 Commissioner David
Randolph.
3. The Pledge of Allegiance to the flag of the United States of
America was given.
4. Mr. Andrews requested that Items 8.G. and 8.M. be removed from
the Consent Agenda and placed on the Regular Agenda as Items 9.A.A. and
9.A.A.A. The City Attorney advised that there was an item regarding
the tennis center acquisition placed at the Commissioner's places
tonight and it will be added as Item 9.V. With regard to that item, he
received a request from Mr. Brown, attorney representing the property
owners, to move this item up on the agenda. Mayor Lynch advised that
Item 9.V. will become 9.A.A.A.A.
Dr. Alperin moved to approve 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. Dr. Alperin moved for approval of the Regular Meeting minutes
of August 25, 1992, seconded by Mr. Andrews.
Mayor Lynch stated he would like a change made to Page 7, Item
9.D. He voted against the Morikami extension because he felt it should
be interest-free; he was not opposed to Morikami itself.
Dr. Alperin amended his motion, Mr. Andrews amended his second.
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.
Mr. Randolph moved for approval of the Regular Meeting minutes
of September 8, 1992, 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.
Dr. Alperin moved for approval of the Regular Meeting minutes
of September 22, 1992, 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.
6. Proclamations.
6.A. Mayor Lynch proclaimed the week of November 22 through 29,
1992, as "National Bible Week".
6.B. Mayor Lynch proclaimed the period of October 24 through
November 1, 1992, as "Red Ribbon Week".
6.C. Mayor Lynch read and presented a proclamation proclaiming
October, 1992, as "Spinal Health Month".
Dr. Kurt Russell came forward to accept the proclamation.
6.D. Mayor Lynch read and presented a proclamation proclaiming
October, 1992, as "Lupus Awareness Month".
Mr. Norman Goldberg came forward to accept the proclamation.
7. Presentations.
7.A. Presentation of the Government Finance Officers Association -
Distinguished Budget Presentation Award to the Finance Department.
Mayor Lynch stated that the Finance Department has once again
been recognized by the GFOA for proposing and presenting an excellent
budget.
Joe Safford, Finance Director, came forward to accept the
Award.
Mr. Andrews left the Commission Chambers at this time.
8. Consent Agenda.
The following items were considered by the Commission as the
Consent Agenda:
8.A. Lease Agreements with Palm Beach County. The Commission is to
consider approving lease agreements with Palm Beach County for the
Catherine Strong Center and for the land upon which the Center is
situated. Approval is recommended.
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8.B. Renewal of Agreement/Peroxidation Systems, Inc. The Commission
is to consider a one-year extension of the agreement with Peroxidation
Systems, Inc., for supply of hydrogen peroxide and attendant equipment
for the period October 1, 1992 to September 30, 1993; with funding from
Water and Sewer Operating Supplies - Chemicals (Account No.
441-5144-536-52.21).
8.C. Acceptance of Grant Funding. The Commission is to consider
accepting a grant in the amount of $25,000 from the Palm Beach County
Sports Authority to help defray the City's expenses associated with the
Virginia Slims Tennis Tournament; and authorize Mayor to execute the
associated grant agreement. Approval is recommended.
8.D. A~reement with Florida Public Utilitie$/Flo Gas Corporation.
The Commission is to consider approval of an agreement with Florida
Public Utilities which provides emergency Hurricane Disaster services.
Approval is recommended.
8.E. Pineapple Grove Dedication Ceremony. That Commission is
consider approving a temporary license agreement to permit various
activities; waive certain City Code sections; and approve a hold
harmless agreement for the use of the Winn Dixie parking lot in
conjunction with the Pineapple Grove dedication ceremony. Approval is
recommended.
8.F. Contract for Legislative Lobbying Services. The Commission is
to consider approval of a contract for legislative lobbying services
with Kathleen Daley and Associates, Inc. for the period October 1, 1992
through September 30, 1993, in the amount of $52,800 with funding from
City Commission - Other Contractual Services (Account No.
001-1111-511-34.90).
8.G. Tennis Center/Stadium Construction Contract. Moved to Regular
Agenda as Item 9.A.A.
8.H. Resolution No. 116-92. Resolution No. 116-92, authorizing the
issuance of not to exceed $5,350,000 in aggregate principal amount of
Utilities Tax Revenue Notes pursuant to a Line of Credit made available
through Sun Bank/South Florida, N.A., for the purpose of providing
short term financing for the costs of a tennis stadium and related
tennis courts, and certain Beach Renourishment projects, is before the
Commission for consideration.
The caption of Resolution No. 116-92 is as follows:
A RESOLUTION'OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT
TO EXCEED $5,350,000 IN AGGREGATE PRINCIPAL AMOUNT OF
UTILITIES TAX REVENUE NOTES, SUBORDINATE SERIES 1992,
OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO A
LINE OF CREDIT MADE AVAILABLE THROUGH SUN BANK/SOUTH
FLORIDA, N.A., FOR THE PURPOSE OF PROVIDING SHORT TERM
FINANCING FOR THE COSTS OF A TENNIS STADIUM AND
RELATED TENNIS COURTS, AND CERTAIN BEACH RENOURISHMENT
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PROJECTS; PROVIDING FOR THE TERMS AND PAYMENT OF SAID
UTILITIES TAX REVENUE NOTES, SUBORDINATE SERIES 1992,
AND THE RIGHTS, REMEDIES AND SECURITY OF THE OWNERS
THEREOF; MAKING CERTAIN COVENANTS RELATING TO THE
ISSUANCE OF SAID UTILITIES TAX REVENUE NOTES,
SUBORDINATE SERIES, 1992; AUTHORIZING THE PROPER
OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED
NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE
OF SAID NOTES; AND PROVIDING FOR AN EFFECTIVE DATE.
(Copy of Resolution No. 116-92 is on file in the official
Resolution Book)
8.I. Amendments to the Housing Rehabilitation. The Commission is to
consider approval of an amendment to the Housing Rehabilitation Grant
Program which increases the maximum construction grant amount from
$17,000 to $20,000. Approval is recommended.
8.J. Reduction in Cart Rates. The Commission is to consider
approval of a reduction in charges for cart rental at the Municipal
Golf Course. Approval is recommended.
8.K. Request for Final Payment/Camp Dresser and McKee. The
Commission is to consider approval of the final payment in the amount
of $2,293.29, the City's share for services in conjunction with the
Odor Abatement project at the South Central Regional Wastewater
Treatment and Disposal Plant. Approval is recommended.
8oL. Service Authorization No. 3/David Miller and Associates. The
Commission is to consider approval of Service Authorization No. 3 in
the amount of $4,500 for special inspection services for the masonry
wall construction at Fire Station No. 5. Approval is recommended.
8.M. Cancellation of Contract/Cole's Lawn Service. Moved to Regular
Agenda as Item 9.A.A.A.
8.N. Planning and Zoning Board Policy. The Commission is to
consider approval of a Planning and Zoning Board policy with regard to
Board Members discussion of public hearing items. Approval is
recommended.
8.0. Waiver of Perimeter Landscape Requirements. The Commission is
to consider a request for waiver of the perimeter landscape
requirements for Damiano's at Tarrimore. Approval is recommended.
8.P. Resolution No. 111-92. Resolution No. 111-92, assessing the
cost for abatement action necessary to remove nuisances on 19
properties located within the City, is before the Commission for
consideration. Approval is recommended.
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The caption of Resolution No. 111-92 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 ASSESSMENTS.
(Copy of Resolution No. 111-92 is on file in the official
Resolution Book)
8.Q. Resolution No. 112-92. Resolution No. 112-92, assessing the
costs for abatement action necessary to board up an unsafe structure on
property located at 28-30 N.W. 6th Avenue, is before the Commission for
consideration. Approval is recommended.
The caption of Resolution No. 112-92 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 RESOLUTION 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. 112-92 is on file in the official
Resolution Book)
8.R. Resolution No. 113-92. Resolution No. 113-92, assessing the
costs for abatement action necessary to demolish an unsafe structure on
property located at 1023 S.W. 8th Avenue, is before the Commission for
consideration. Approval is recommended.
The caption of Resolution No. 113-92 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
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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 RESOLUTION 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. 113-92 is on file in the official
Resolution Book)
8.S. Resolution No. 114-92. Resolution No. 114-92, assessing the
costs for abatement action necessary to board up an unsafe structure on
property located at 512 S.W. 9th Street, is before the Commission for
consideration. Approval is recommended.
The caption of Resolution No. 114-92 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 RESOLUTION 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. 114-92 is on file in the official
Resolution Book)
8.T. Resolution No. 115-92. Resolution No. 115-92, assessing the
costs for abatement action necessary 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. 115-92 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 RESOLUTION AND DECLARING SAID
LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE.
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(Copy of Resolution No. 115-92 is on file in the official
Resolution Book)
8.U. Change Order No. 9/Elkins Constructors, Inc. The Commission is
to consider a change order to the contract with Elkins Constructors,
Inc. which clarifies contract document language, eliminates all but one
claim and guarantees completion of the Water Treatment Plant Conversion
to Lime Softening by December 1992. Approval is recommended.
8.V. Final Plat Approval/Ninth Street Associates. The Commission is
to consider approval of a final plat for the replat of Lot 2, Ninth
Street Associates. Approval is recommended.
8.W. Award of Bids and Contracts.
1. Two (2) 1992 Ford LT9000 Dump Trucks - Water Treatment
Plant - Atlantic Ford Truck Sales, Inc. in the amount of
$147,876.52 with funding from 1991 Water and Sewer Revenue
Bond - Heavy Equipment (Account No. 447-5164-536-64.25).
2. Hydraulic Unit/Hydro-Stop Equipment - Environmental
Services - Warehouse True Value Hardware in the amount of
$28,844.86 with funding from Water and Sewer - Heavy
Equipment (Account No. 441-5161-536-64.25).
8.X. Appropriation of Interest Earnings/Decade of Excellence Bond
Issue. The Commission is to consider approving the appropriation of
$21,000 from the interest earnings on the Decade of Excellence Bond
Issue (Account No. 225-0000-361-10.00) to cover the cost of platting
access improvements at S.D. Spady Elementary School and to purchase
approximately 40 litter containers for the Atlantic Avenue
Beautification project (I-95 to Swinton Avenue).
Dr. Alperin moved to approve the Consent Agenda, as amended,
seconded by Mr. Randolph. Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor
Lynch - Yes. Said motion passed with a 3 to 0 vote.
REGULAR AGENDA
9.A.A.A.A. (Item 9.V.) Tennis Center Acquisition. The Commission is to
consider authorizing the entry into an agreed order for acquisition of
parcels A, B, E, F, G, H and I, in the case of City vs. Barnes.
Approval is recommended.
Th~ City Attorney advised that on October 6th they attended
Judge Wessel's calendar call. Judge Wessel had earlier denied a
continuance which had been requested by Mr. Brown on behalf of his
clients and, while not granting the continuance, he set an order of
taking hearing for October 30th. That put the City in the position
that if they went to the hearing and were awarded the properties and
immediate possession, the earliest they could theoretically get the
properties would be November 1st. They would then have been unable to
complete the permanent stadium structure. It is estimated that
changing the contract to build a temporary facility and then coming
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back after the tournament and building a permanent structure would cost
the City at least $100,000. With this in mind, they felt that it was
better for the City, and the citizens, to expend that money on Mr.
Brown's clients rather than a contractor. They then negotiated with
Mr. Brown and have come up with the offers which are outlined in his
memo. The City Attorney then outlined each of the settlement offers.
He advised that if the Commission ratifies the offers he will enter
into an agreed order and be able to take possession of the property
following the weekend. This will enable them to proceed with the
contract on the tennis stadium and not incur any delay. He anticipates
that Judge Wessel will reset the hearing and, for these reasons, his
office would recommend ratification of the offers and authorize the law
firm of Vance and Doney to enter into agreed orders with respect to the
properties indicated.
Upon question by Mr. Randolph, Mr. Brown, representative of the
property owners,advised that he has not seen the document furnished to
the Commission; however, the numbers, conditions and contingencies
which the City Attorney has recited have been accepted by his clients.
Mr. Andrews stated he has a concern with regard to the
appraised value versus the offer as most of these numbers are close to
double. He was informed that because of various items in the CRA's
Comprehensive Plan, and the City's Comprehensive Plan, that these
values may be appropriate. If that is the case, then he believes that
the area from N.W. 1st Avenue to 1-95 needs to be looked at by the
Appraiser's Office. He believes in paying someone their fair share;
however, something is wrong and the entire area is not paying its fair
share of taxes in the City.
Mayor Lynch advised that if they do not work out the negotiated
figure then it will cost the City a lot more as they will not be able
to build the stadium.
Mr. Andrews stated he cannot support a fast-tracking method
which is continually costing them $100,000 here and there. They are so
close at this point in time of having to build a temporary stadium, he
feels they should go ahead and build it and then they will have enough
time to have the architect redesign the site plan to not include these
properties.
The City Attorney stated that one of the reasons there is a
discrepancy between the appraised value on a piece of property for tax
purposes and in an eminent domain action is that the potential use of
the property, which may be different from the actual use, is considered
and weighed much more heavily in an eminent domain proceeding.
Mr. Randolph stated he feels the City is getting a deal,
particularly if they are putting in a tennis facility and uprooting
people from their homes.
-8- 10/13/92
Dr. Alperin moved to authorize the City Attorney to acquire the
parcels as presented tonight, seconded by Mr. Randolph. Upon roll call
the Commission voted as follows: Mr. Andrews - No; Mr. Randolph -
Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 3
to 1 vote.
9.A.A.A. (Item 8.M.) Cancellation of Contract/Cole's Lawn Service. The
Commission is to consider cancelling the contract awarded to Cole's
Lawn Service for landscape maintenance of North Congress Avenue, North
Federal Highway and LaMat Avenue due to non-performance and authorize
staff to re-bid the project. Approval is recommended.
Upon question by Mr. Andrews, Joe Weldon, Director of Parks and
Recreation, advised they do have a penalty clause in the contract for
non-performance at a cost of $50 per day. They have not collected this
amount as Cole's Lawn Service would have ended up owing the City
instead of the other way around. Instead, when he did not perform his
functions they held back what he charged the City.
Mr. Andrews also questioned if there was fertilizing included
in the contract. It is his impression that they have lost 10 if not 15
of the palm trees in the medians because they have lacked proper
fertilization. Those trees were $600 each and he would like them to be
replaced by Cole's Lawn Service.
Mr. Weldon advised he will look at the contract and see if they
can assess any damages.
Mr. Andrews stated that from now on he would like the landscape
agreements to include the ability to assess damages.
Dr. Alperin moved that they cancel the contract with Cole's
Lawn Service and authorize staff to re-bid the project, 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.
9.A.A. (Item 8.G.) Tennis Center/Stadium Construction Contract. The
Commission is to consider an increase in the amount of $5,100 to the
contract for the Tennis Center/Stadium construction to correct the
architect's estimate for royal palm trees in the landscaping plan.
The City Manager stated they did look at the possibility of
taking out the washingtonia palms, royal palms and the queen palms and
obtaining them from the source which Mr. Andrews had given them. He
advised that his estimate for the cost of acquiring the trees and
having staff install them is $24,805, which includes a $3,000 damage
allowance. They asked the contractor what the cost savings would be if
they took all the palms out of the contract and a cost reduction of
$59,410 was quoted. The alternatives which the City accepted would be
a cost reduction of $43,000, so the City is really getting just an
additional $16,000 by doing it all ourselves and we would be getting
royal palms instead of queen palms in all the places recommended by the
-9- 10/13/92
landscape architect. However, there are other disadvantages of the
City doing it; i.e., there would be no warranty on the trees, they have
potential coordination problems with the contractor if they cause a
delay and possible damage to the site for which we would be
responsible. It was the feeling of staff, after meeting with the
contractor and reviewing this, that the savings are not worth it. The
City Manager advised it would be his recommendation that they go ahead
and let the contract go through as previously awarded. This would
include the change in the amount because the architect made an error in
pro-rating the cost of the royal palms versus queen palms.
Upon question by Mr. Andrews, the City Manager advised that the
washingtonia palms are $645 each, the royal palms are $850 each and the
queen palms are $230 each. The City Manager stated that part of the
problem in trying to analyze this is that the architect's original
design had 28 royal palms. The contract which was approved last week
took out 20 of those and replaced them with queen palms, a savings of
$18,000. They also reduced the height of the washingtonia palms from
18 feet to 14 feet overall and the contractor was giving the City a
deduct of $25,000 for the change.
The City Attorney advised that because of the questions
concerning the trees and access to the property the contractor had not
been willing to sign the contract. He will now be in a position to
sign it tomorrow. However, the contractor has indicated that if the
access to the land does not occur, or there are problems in
coordinating the installation of the trees, he would have a claim for
additional services. There are 123 days to get the contract completed
and the starting date is anticipated to be October 19th; therefore,
they are on an extremely tight schedule.
Mr. Randolph stated if they anticipate that the contract is
going to run over, then perhaps they should reduce the amount of trees
and only put in those necessary; they can then renegotiate at a later
time. He stated he has a problem with giving away the City's money if
they can foresee a problem and, for this reason, he will not vote for
this.
Mr. Andrews questioned if the City Attorney can guarantee him
that the contractor will have access to the site tomorrow. The City
Attorney advised that the contractor needs access on October 20th and
November 1st and he will be able to get that access. Mr. Andrews
stated that they do not necessarily have to have all the trees by
February and it could be filled in with small plantings.
Dr. Alperin moved that they accept the eight royal palms,
replace the remaining royal palms with queen palms and the other
substitutions as recommended, seconded by Mr. Andrews. Upon roll call
the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes;
Mr. Andrews - Yes; Mr. Randolph - No. Said motion passed with a 3 to 1
vote.
Before roll call the following discussion was had:
-10- 10/13/92
Discussion followed with regard to the contract and the work to
be completed by February 19th. Mayor Lynch stated that he feels it
needs to be spelled out in the contract that "substantial" means that
the work completed is to the welfare and safe-being of those persons
using the stadium.
At this point the roll was called to the motion.
At this point, the time being 7:00 P.M., the Commission moved
to the duly advertised Public Hearings portion of the agenda.
PUBLIC HEARINGS
Mayor Lynch stated that there are two or three items to be
considered tonight which will probably end up with a 2 to 2 vote due to
the fact that Mr. Mouw is not present. He questioned if the Commission
wishes to continue with these items tonight or postpone them until Mr.
Mouw returns next week.
The City Attorney advised that the second readings have been
advertised; therefore, he would suggest that they read all of the
items but continue them until October 20th.
10.A. Ordinance No: 47-92. Ordinance No. 47-92, amending the Land
Development Regulations with regard to modification of the SAD
extension provisions to accommodate the Marina Cay SAD, 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. 47-92:
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 4, "ZONING REGULATIONS", SECTION 4.4.25(C) (3),
"ESTABLISHMENT", TO ALTER THE CRITERIA FOR
ESTABLISHMENT OF A LARGE SCALE MIXED USE SPECIAL
ACTIVITIES DISTRICT; BY AMENDING SECTION 4.4.25(I) (5)
TO CHANGE THE DATE OF EXPIRATION FOR THE MARINA CAY
SAD TO AUGUST 22, 1995; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
The City Attorney read the caption of the Ordinance. A public
hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray
Beach. The public hearing was closed.
Dr. Alperin moved to continue Ordinance No. 47-92 to a Special
Meeting on October 20, 1992 at 6:00 P.M., 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.
-11- 10/13/92
10.B. Ordinance No. 46-92. Ordinance No. 46-92, rezoning a portion
of the Linton International Plaza property in conjunction with the
establishment of a Checkers Restaurant from PC (Planned Commercial) to
GC (General Commercial), 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. 46-92:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN
THE GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING
A PORTION OF TRACT "A", LINTON INTERNATIONAL PLAZA
PLAT 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 51, PAGE 3 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP,
DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
The City Attorney read the caption of the Ordinance. A public
hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray
Beach.
Robert Basehart, representing the applicant, stated he would
like to request a postponement of this item in order to finalize
several details and work out some problems.
Mr. Randolph moved to continue Ordinance No. 46-92 to a Special
Meeting on October 20, 1992 at 6:00 P.M., 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.
10.C. Ordinance No. 45-92. Ordinance No. 45-92, rezoning and placing
land presently zoned RM (Multiple Family Residential) district in R-1AA
(Single Family Residential) district; said land being all of the plat
of Simmons Cay located on the west side of State Road A-l-A, just south
of Vista Del Mar Drive, 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. 45-92:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL)
DISTRICT IN THE R-1AA (SINGLE FAMILY RESIDENTIAL)
DISTRICT; SAID LAND BEING ALL OF THE PLAT OF SIMMONS
-12- 10/13/92
CAY, AS RECORDED IN PLAT BOOK 69, PAGE 100 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER
WITH A PORTION OF THE PLAT OF OCEAN CAY, AS RECORDED
IN PLAT BOOK 50, PAGE 59 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP,
DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(Copy of Ordinance No. 45-92 is on file in the official
Ordinance 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. The public hearing was closed.
Mr. Andrews moved for the adoption of Ordinance No. 45-92 on
Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes;
Dr. Alperin - No; Mr. Andrews - Yes. Said motion passed with a 3 to 1
vote.
10.D. Ordinance No. 48-92. Ordinance No. 48-92, amending the Land
Development Regulations by amending Section 4.4.15 "Planned Office
Center (POC) District", Subsection (G), "Supplemental District
Regulations", to provide that the first ten feet of the front yard
setback adjacent to a right-of-way shall be a landscape area, 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. 48-92:
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
SECTION 4.4.15, "PLANNED OFFICE CENTER (POC)
DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT
REGULATIONS", TO PROVIDE THAT THE FIRST TEN FEET OF
THE FRONT YARD SETBACK ADJACENT TO A RIGHT-OF-WAY
SHALL BE A LANDSCAPED AREA; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(Copy of Ordinance No. 48-92 is on file in the official
Ordinance 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. The public hearing was closed.
-13- 10/13/92
Mr. Andrews moved for the adoption of Ordinance No. 48-92 on
Second and FINAL Reading, 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.
11. Comments and Inquiries on Non-Agenda Items from the Public.
ll.A.1. The City Manager stated, in response to an inquiry regarding
the possibility of closing off Flame Vine Avenue, that the City's
Planner and Traffic Engineer have looked into this and agree that one
point of access could be closed. Therefore, the Planning and Zoning
Board will review the Engineer's assumptions at a public hearing with
notice provided to the Pines of Delray Homeowners Association and
posting of a sign at the westerly point of access. This meeting is
being scheduled for November 16th. If, as a result of that meeting,
there is a recommendation to continue, they will install a temporary
barricade around December 1st. They would evaluate the temporary
condition after the season has ended and, if a decision were made to
make the closure permanent, they would install a permanent facility in
May or June of 1993.
ll.A.2. The City Manager stated, in response to a complaint from Mrs.
Dobson regarding the Police Department, that the Police Department
acknowledges that they made an error and have taken steps to change
their procedures to make sure that no one waits in the lobby for help
without prompt follow-up at the front desk. The Police Chief
personally related this to Mrs. Dobson and she seems to be satisfied
that action has been taken. The City Manager stated that Mrs. Dobson
had several other complaints regarding the criminal justice system;
however, most of those are outside the City's control. Mrs. Dobson
also filed a complaint on March 28th regarding an allegation that
members of the Police Department unlawfully entered her residence while
she was away. The only witness to this incident was Mrs. Dobson's 9
year old grandson who was not made available to be interviewed in order
to follow up on the complaint.
ll.B. From the Public.
ll.B.1. Ms. Deborah Wright, President of West Atlantic Property Owners
Association (WAPOA), stated she read a recent newspaper article in
which Mr. Mouw was stated as saying he feared any one group gaining too
much influence on the Commission. She questioned if this was the
feeling of all of the Commission and, if so, she feels that they owe an
explanation to their constituents.
ll.B.2. Ms. Wright stated that the West Atlantic Property Owners
Association meet at Pompey Park once a month and they have been paying
approximately $40.00 per month. That rate has now been increased to
$60.00. She feels that the rate increase is not fair since the people
who are involved with WAPOA are taxpayers.
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ll.B.3. Mrs. Jay Slavin, resident of Rainberry Bay, stated that during
July, 1992, the Attorney General's office released a consumer law news
item recommending that all Southern Bell customers take immediate
inventory of their telephone bills inasmuch as many customers may be
paying for extra services which they did not order. She advised that
any refunds must be requested by the Customer from Southern Bell.
ll.B.4. Ms. Sheila Jaffe, owner/President of three PIP printing stores,
stated she is here tonight in support of her friend and associate,
Rosalind Murray, for the Delray Beach City Commission.
FIRST READINGS
12.A. Ordinance No. 51-92. Ordinance No. 51-92, amending the Land
Development Regulations with regard to flea markets and similar uses,
is before the Commission for consideration on First Reading. Planning
and Zoning Board recommends approval. If passed, Public Hearing will
be held on October 27th.
The City Manager presented Ordinance No. 51-92:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 1, "GENERAL
PROVISIONS" , SECTION 1 . 4 . 5, "DEFINITIONS" (APPENDIX
A), CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.9,
"GENERAL COMMERCIAL (GC) DISTRICT" AND SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT" OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY FURTHER DEFINING
THE TERM "FLEA MARKETS" AND PROVIDING FOR SUCH USE AS
A CONDITIONAL USE IN THE GENERAL COMMERCIAL AND
CENTRAL BUSINESS DISTRICTS; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
Assistant City Attorney Ruby read the caption of the ordinance.
Dr. Alperin moved for the adoption of Ordinance No. 51-92 on
First Reading, 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.
12.B. Ordinance No. 52-92. Ordinance No. 52-92, amending the Code of
Ordinances to provide that an annual medical report shall be submitted
by a disability retiree if requested by the Police and Fire Board of
Trustees, is before the Commission for consideration on First Reading.
If passed, Public Hearing will be held on October 27th.
The City Manager presented Ordinance No. 52-92:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE
AND FIRE DEPARTMENTS", SUBSECTION 33.62(C),
"DISABILITY RETIREMENT PROVISIONS", BY AMENDING
SUBSECTION 33.62(C) (6) (a), TO PROVIDE THAT AN ANNUAL
MEDICAL REPORT SHALL BE SUBMITTED IF REQUESTED BY THE
-15- 10/13/92
POLICE AND FIRE BOARD OF TRUSTEES; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
Assistant City Attorney Ruby read the caption of the ordinance.
Mr. Randolph moved for the adoption of Ordinance No. 52-92 on
First Reading, 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.
12.C. Ordinance No. 14-92. Ordinance No. 14-92, amending the Code of
Ordinances to modify the percentage of monies which can be invested in
equalities by the Police and Fire Pension Board of Trustees, is before
the Commission for consideration on First Reading. If passed, Public
Hearing will be held on October 27th.
The City Manager presented Ordinance No. 14-92:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE
AND FIRE DEPARTMENTS", SECTION 33.66, "FINANCES AND
FUND MANAGEMENT", BY AM3ENDING SUBSECTION (E) (2) (b),
TO PROVIDE THAT THE BOARD OF TRUSTEES MAY INVEST UP TO
SIXTY PERCENT (60%) OF THE TRUST FUND'S ASSETS IN
COMMON OR CAPITAL STOCK; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
Assistant City Attorney Ruby read the caption of the ordinance.
Dr. Alperin moved for the adoption of Ordinance No. 14-92 on
First Reading, 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.
12.D. Ordinance No. 53-92. Ordinance No. 53-92, amending Ordinance
No. 70-89 to provide for a change in the gross floor area for the
property known as Fontaine Fox House located at 610 N. Ocean Boulevard,
is before the Commission for consideration on First Reading. Historic
Preservation Board recommends approval (5-2 vote). If passed, Public
Hearing will be held on October 27th.
The City Manager presented Ordinance No. 53-92:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2,
REQUIREMENTS OF DESIGNATION, PARAGRAPH 2 OF ORDINANCE
NO. 70-89, TO PROVIDE FOR A CHANGE IN THE GROSS FLOOR
AREA FOR THE PROPERTY KNOWN AS THE FONTAINE FOX HOUSE
LOCATED AT 610 N. OCEAN BOULEVARD; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
Assistant City Attorney Ruby read the caption of the ordinance.
-16- 10/13/92
The City Manager advised that the Commission was furnished a
copy of a letter tonight along with a request that it be read into the
record.
Upon question by Mayor Lynch, Assistant City Attorney Ruby
advised that they do not need to read the letter if they do not wish
to; however, they could make it a part of the record. It was the
consensus of the Commission to make the letter part of the record.
Mr. Randolph moved for the adoption of Ordinance No. 53-92 on
First Reading, along with the letter from Sachs and Sax, P.A., dated
October 13, 1992, to be made a part of the record, 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.
Before roll call, Mr. Andrews requested that by the next
meeting the Commission be given the square footage of the next adjacent
house north of this property.
At this point the roll was called to the motion.
At this time the Commission returned to the Regular Agenda.
9.A. Review of Appealable Land Development Actions of Various
Boards. The Commission is to consider accepting the actions and
decisions made by the Planning and Zoning Board, Site Plan Review and
Appearance Board and the Historic Preservation Board during the period
September 21, 1992 through October 9, 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. Conditional Use Request. The Commission is to consider a
request for conditional use approval to establish a multi-purpose
recreational and entertainment facility on S.E. 1st Avenue (former
Delray Bowl building). Planning and Zoning Board recommends approval
subject to conditions (5 to 2 vote).
David Kovacs, Director of Planning and Zoning, outlined the
Planning and Zoning staff report and explained the conditions and
proposed uses for the facility.
The City Attorney advised there are three items which he would
like to address. With regard to the enforcement of our Codes, we could
impose against the applicant the conditions on their use; however, if
they violated those conditions he did not think it would be possible
for the City to automatically terminate the uses which were acceptable.
With regard to the commercial dances, they have been identified by the
Planning Director tonight and, similarly identified at the P&Z Board
level. The third item has to do with the City sharing in the cost of
certain improvements. One of the concerns would be whether or not
-17- 10/13/92
those funds would be expended for a public purpose. The applicants are
doing something which is along the lines of a boys and girls club, it
has value to the community and is a non-profit organization. The
concern he has with this is that the beneficiary of the monies may not
be the tenants, but the owners of the property. Unless there is a
long-term lease you have the potential that they will violate the lease
or the lease is of limited duration and the owner could substitute
another use which is for private purposes. It is his recommendation
that if the Commission is to approve this item, and approve the funding
of the next item, that they tie it to some length of time and in the
event the organization did not maintain the facility as approved, then
someone would have to pay the City back; he would suggest a bond be
placed by the owner of the property in order to ensure that
eventuality.
Michael James, President and Chief Executive Officer for the
Heritage Association, stated their plan satisfies many of the needs of
the City of Delray by offering alternatives to the street life. They
offer after school programs, counseling, teen socials, dances,
tutoring, conferences, church activities and concerts. He stated the
Heritage Association is putting what they have on the line so that the
people of Delray Beach can benefit.
Carlton Cartwright, resident of West Palm Beach, stated he has
known Michael James for two years and he agrees with his efforts in
trying to get a center started.
Deborah Wright, resident, stated she feels what the Heritage
Association is doing is bringing forth togetherness in the teenagers to
give them something they can identify with.
Alfred Straghn, resident, stated this property is already zoned
commercial and he cannot understand what all the fuss is about. He
feels this project is an advantageous to the young people of the City.
Carolyn Parker, City of Delray Parks and Recreation Department,
stated this project is something which the children need as they are
being turned away from every building they know to go to.
Ann Green, representing the Heritage Association, stated she
believes only the negative side of this project has been heard. The
teenagers need guidance and she feels they are not giving them the
support they need.
Arthur Jackel, resident, stated it is his understanding that a
business project is being considered near this facility. They have
spent a great deal of money and time to develop the downtown business
community and he questioned which project they are going to favor as it
cannot be both of them.
Dudley Remus, 114 S.E. 2nd Street, stated he agrees that there
needs to be something for the youth of the community; however, he is
concerned with traffic and safety in the neighborhood.
-18- 10/13/92
Barbara Gracey, teenager, stated she feels that teenagers today
need leaders and involvement with the community; however, they cannot
do it if they stay in the street.
Ann Fulton, resident, stated she feels the issue is not the
teens and what they need to do for them, it is the impact on the
neighborhood.
Joann Peart, 107 N.W. 9th Street, stated she agrees that they
need something for teenagers but she questioned if the project is
manageable and why it is not being done through the Parks and
Recreation Department.
Charlene Pollard, stated she presently runs several different
teen programs and she believes that the youth really need somewhere to
go. If they do not give this project a chance, then they are not
giving it a chance to be trial and error.
Mayor Lynch advised he will not be voting for this project
since he was approached approximately three months ago by the Boys and
Girls Club and they want to open a facility in Delray. Two weeks ago
their Board voted to open facilities in Delray Beach and Belle Glade
and they are now out looking for funding. The City's staff are looking
at the Catherine Strong Center and in the area of Carver. The Boys and
Girls Club have committed to coming to Delray and, in his opinion,
offer very much of the same characteristics offered by the Heritage
Association.
Mr. Randolph stated he is looking at this building as an
activity to remove some of the problems which teenagers now face. Part
of the problem with any facility such as this is giving it a chance to
get off the ground. They are not doing that if they turn them down
this evening and he believes the Commission should give them a chance.
Mr. Andrews stated he would like to workshop this item to
discuss the teen activities and to hear a presentation by the Boys and
Girls Club. He would not support the activities to the extent which
are indicated under this item as he feels they would allow too many
people.
Dr. Alperin stated this property is already zoned GC and allows
a business enterprise. The Boys and Girls Club sounds good; however,
he is concerned that they are not willing to take risks. If they do
not find some way of having confidence in the teenagers, then how can
they expect them to care about the rules which we set up for our
society.
Mayor Lynch suggested, in order to be fair to the applicant,
that they place this item an a workshop and wait to vote on the issue
until all five Commissioners are present.
Upon question by Mayor Lynch, Mr. James stated they have an
agreement with the owner of the building and he has been very agreeable
with what it is they are trying to do. However, as a business they
-19- 10/13/92
would like to get going as soon as possible.
Mayor Lynch stated he will leave it up to staff to decide which
workshop agenda to place this on, either October 20th or November 3rd.
They will then look at the options and have people from the Boys and
Girls Club give their input also.
Mr. Andrews moved to postpone this item to October 20th,
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.D. Request for Joint Participation/Heritage Association. The
Commission is to consider a request from the Heritage Association for
City participation in financing the upgrade of a water main located on
S.E. 1st Avenue. City Manager recommends denial.
Mayor Lynch suggested that they also postpone this item as he
would like to know from staff when they are planning to upgrade the
water mains in that area. If it is not even in the planning stage, it
will make a difference on how he votes.
Mr. Randolph moved to postpone this item to October 20th,
seconded by Mr. Andrews. Upon roll call the Commission voted as
follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - No; Mr.
Andrews - Yes. Said motion passed with a 3 to 1 vote.
9.D. Conditional Use Request. The Commission is to consider a
request for conditional use approval to establish a church (New
Jerusalem Church of God in Christ) at the southeast corner of Lake Ida
Road and Roosevelt Avenue. Planning and Zoning Board recommends
approval.
Dr. Alperin moved for approval of the conditional use for New
Jerusalem Church of God in Christ, 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.E. Conditional Use Request. The Commission is to consider a
request for conditional use approval to establish a bridge club in the
Congress Square Shopping Center located on the southwest corner of
Congress and West Atlantic Avenues. Planning and Zoning Board
recommends approval, subject to conditions.
Dr. Alperin moved for approval of the conditional use, 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.
Mr. Randolph left the Commission Chambers at this time.
-20- 10/13/92
9.F. Cancellation of Rental Rehabilitation Award. The Commission is
to consider cancelling the bid awarded to MJD Construction Services in
the amount of $212,277 for the rehabilitation of property located at
102-128 S.W. 13th Avenue and release the $99,000 of City funds
encumbered for this project. Approval is recommended.
Dr. Alperin moved to cancel the bid awarded to MJD Construction
Services, seconded by Mr. Andrews. Upon roll call the Commission voted
as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mayor Lynch - Yes.
Said motion passed with a 3 to 0 vote.
9.G. Settlement Offer. The Commission is to consider an offer to
settle pending litigation against the City from Kathryn Knowles.
Approval is recommended.
Dr. Alperin moved approval of the settlement offer, seconded by
Mr. Andrews. Upon roll call the Commission voted as follows: Mr.
Andrews - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion
passed with a 3 to 0 vote.
Mr. Randolph returned to the Commission Chambers at this time.
9.H. Currie Commons/Miller Park Bid. The Commission is to consider
waiving certain bid requirements for low bidder or re-award bid to
second low bidder.
A representative for Century Surety Company advised that her
company has been approved as a treasury listed company and have a
treaty with American Bonding. If they default, American Bonding will
come and take care of the claim.
Mayor Lynch stated if it is a true cut-through agreement he
would have no trouble with this.
The City Attorney stated that the escrow agreement would
enhance the City's security in this project. The agreement does not
terribly concern him, except as it may impact on the strength of the
underlying contractor.
Mayor Lynch stated the escrow account will give the City a
little more security; however, they need to pre-qualify better with
regard to who they are going to accept and what qualifications are
necessary. Getting the bond does show that there are certain good
qualifications about the contractor.
The City Attorney stated the reason this item is on the agenda
is because the contractor did not meet our qualifications; they were
unable to come up with our standard requirements. The Commission is
being asked to waive those standard requirements so that they get a
lower price.
Mr. Andrews moved to approve the low bidder and waive certain
bid requirements, 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.
-21- 10/13/92
9.I. Award of Bid/Lift Station No. 86. The Commission is to
consider awarding the bid for the replacement of Lift Station No. 86 to
Wynn and Sons Environmental Construction Co., Inc. in the amount of
$63,000 with funding from Renewal and Replacement - Lift Station
Conversion to Submersible (Account No. 442-5178-356-61.83).
Mayor Lynch stated that this item appears to be very confusing
as they have people telling them that this contractor should not be
awarded the bid.
The City Attorney advised he has indicated in his memorandum
that he feels they can award this to the second low bidder. The
Commission is asking for him to somehow come up with criteria which
would eliminate these people from bidding.
Mayor Lynch stated that when staff go out to bid they should
question whether or not the contractor has built a similar type
structure. Going with the low bid does not mean you are going to get a
better job; therefore, if they are going to look at low bid he would
like to make sure they can do the work.
William Greenwood, Director of Environmental Services, stated
that this contractor has not done this type of work before; however,
the subcontractors he is using to do the actual work have good
reputations.
Dr. Alperin moved to award the bid for the replacement of Lift
Station No. 86 to Wynn and Sons Environmental Construction Co., 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. Said motion passed with a 3 to 1 vote.
9.J. Veteran's Park Improvement Project. The Commission is to
consider approving the relocation of an existing power line located
along the seawall in Veteran's Park and authorize Florida Power and
Light to provide engineering service to relocate the line; in the
amount of $33,700 with funding from Decade of Excellence Bond Issue -
Redevelopment of Veteran's Park (Account No. 225-4126-572-61.63).
Approval is recommended.
Dr. Alperin moved for approval, 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.
9.K. Ordinance No. 36-92. Ordinance No. 36-92, rezoning and placing
land presently zoned R-lA (Single Family Residential) District in CF
(Community Facilities) District; said land being located at the
southeast corner of N.W. 3rd Avenue and N.W. 1st Street and the
northwest corner of N.W. 2nd Avenue and N.W. 1st Street, is before the
Commission for consideration. Public Hearing was held and closed on
September 8, 1992.
-22- 10/13/92
1. Conditional Use Approval. The Commission is to consider a
conditional use request to establish a Tennis Stadium as a
part of the Municipal Tennis facilities.
The City Attorney stated there are still some issues which have
not been resolved and would recommend that this item be placed on the
October 27th agenda.
Dr. Alperin moved to continue Ordinance No. 36-92 to October
27, 1992, 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.
9.L. Waterford DRI: The Commission is to consider a staff report
with regard to Waterford DRI obligations for improvements to S.W. 10th
Avenue at Linton Boulevard.
David Kovacs stated that at the last meeting the Commission
directed that this item be addressed by staff; they found that there is
a specific requirement in the order which states that the improvements
were to be in place by the end of last year. Those improvements were
not done and, technically, there should have been a request to the
Commission to grant an extension at that time.
Dr. Alperin stated that if Waterford did not complete their
obligation, the DRI is terminated; the City has been acting on something
assuming that it existed and it doesn't.
Upon question by Mr. Andrews, the City Attorney stated that
this would not be precedent setting with respect to another developer.
Within this particular DRI order the request for the extension has to
be granted not only by the City, but also Treasure Coast. If the
Commission votes to retroactively grant this extension, they would also
be supportive of their position in going back to Treasure Coast.
Mr. Randolph moved approval of the time extension until
December 31, 1992, seconded by Mr. Andrews. Upon roll call the
Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - No; Mr.
Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 3 to 1
vote.
9.M. Planning and Zoning Board Determination of Consistency/CRA
Redevelopment Area Plan. The Commission is to consider the Planning
and Zoning Board's determination of consistency and recommendations
with regard to the Community Redevelopment Agency's Area Plan.
Dr. Alperin moved to accept the report, findings and
recommendations of the Planning and Zoning Board and, with respect to
the CRA plan, direct staff to act on those recommendations, also, that
they set up a meeting to coordinate all the plans, seconded by Mr.
Andrews. 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.
-23- 10/13/92
Before roll call the following discussion was had.
Mayor Lynch advised that the P&Z Board is recommending a joint
workshop between the CRA, P&Z Board and the City Commission to
coordinate the projects identified in their 5 year redevelopment plan
and discuss funding allocations.
Mr. Kovacs advised the CRA is working on updating their plan
again and it will be presented to the Commission in November. He
suggested that before they get the updated plan, they may want to
workshop it.
Chris Brown, CRA, stated that their new plan will have the bond
issue in it and they would like to present it to the Commission so that
they understand the plan as it is more complicated. They could have it
prepared for the Commission workshop of November 3rd.
Mr. Randolph requested that the Commission receive a short
synopsis of the plan in advance.
Mayor Lynch requested that Mr. Kovacs advise the P&Z Board of
the workshop meeting so that all three groups will be present.
Upon question by Mr. Andrews, Mr. Brown advised there is
nothing in their plan which is contrary to the planning and zoning
which is currently set in the City. He feels that there are too many
people involved and as long as the CRA is staying within their
area they should be allowed to do their thing.
Mayor Lynch stated that the CRA has to coordinate their master
plan through the City and he questioned whether it should be through
the Commission or the P&Z Board.
The City Manager stated he shares some of Mr. Andrew's
concerns; if you get so many levels of review in the process, then it
takes forever to accomplish anything.
Dr. Alperin stated he is in favor of having the P&Z Board
attend the workshop meeting as he values what they are saying and they
would be a good addition.
At this point the roll was called to the motion.
9.N. Davis Road Closure. The Commission is to consider staff's
recommended response to the Lake Worth Drainage District with regard to
the closure of Davis Road.
The City Attorney advised he has a letter from Mr. Tate's
attorney which they would like read into the record. At this point the
City Attorney read the letter.
The City Attorney stated he believes that this particular
action which is being requested of the Commission does not affect Mr.
Tate one way or the other.
-24- 10/13/92
Mayor Lynch stated that the last time they discussed this, Mr.
Tate implied that the Commission had a responsibility to assure him
access.
The City Attorney stated that there are agreements which were
entered into which are of questionable legal validity. Those
agreements do not indicate that the City has to maintain Davis Road in
its present configuration.
Dr. Alperin moved to reject the offer from the Lake Worth
Drainage District, 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.
9.0. Proposed Letter to Palm Beach County. The Commission is to
consider forwarding a letter to Palm Beach County with regard to the
scheduling of the Courthouse Expansion project.
Mayor Lynch stated he would also recommend sending a letter to
Judge Hurley stating that they would like to see the Courthouse complex
second phase placed in their five year capital improvements plan.
Mr. Andrews stated in looking at the municipal complexes in
West Palm Beach and surrounding communities he has noticed the dead
areas around them. He would not support one more municipal,
governmental project.
The City Manager advised that the problem the CRA has is that
the City has entered into a contract to provide this additional land.
It is an obligation and they would have to go back to the County and
ask to be released from it.
Dr. Alperin moved to authorize Mayor Lynch to execute and
forward the proposed letter to Palm Beach County, seconded by Mr.
Randolph. Upon roll call the Commission voted as follows: Mr.
Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews -
No. Said motion passed with a 3 to 1 vote.
9.P. Casting of Votes for Nominees to Countywide Intergovernmental
Coordination Program Task Force. The Commission is to select two
members from the Large City nominees and forward the results to Palm
Beach County Municipal League.
Mr. Randolph moved to select Jay Alperin and Ed Harmening,
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.Q. Request from the Downtown Development Authority. The
Commission is to consider a request from the Downtown Development
Authority for authorization to use in-lieu of parking funds. Approval
is recommended.
-25- 10/13/92
Mayor Lynch advised that this is a request from the DDA for the
release of $30,622 from in-lieu of parking fee funds to be used to pay
for decorative lighting in municipal parking lots.
Mr. Andrews moved to approve the request, seconded by Mr.
Randolph. Upon roll call the Commission voted as follows: Dr. Alperin
- No; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - No. Said
motion FAILED with a 2 to 2 vote.
Before roll call the following discussion was had:
Dr. Alperin questioned if this has been given to the Parking
Committee for their approval. The funding was collected for the
purpose of providing additional parking and this is not what the money
is being spent on. He is reluctant to assume that this is what should
be done and would like the Parking Committee to review this item.
The City Attorney advised that these monies were collected
during a time period when the monies were designated for DDA use and
not exclusively for parking. Therefore, there is a previous opinion
out of his office, and one in which he concurs, that the City has the
option as to how the monies may be used.
Mayor Lynch stated that he would vote against this item as he
feels the money should go back to the Library and use it in conjunction
with their building as they are the only group who have ever paid the
money.
Michael Listick, attorney, stated that to put in parking lots
without the lighting would be a mistake. The DDA thought that the
in-lieu of parking funds could be put to better use for lighting as it
will encourage use downtown.
Dr. Alperin stated he has a problem with this as it becomes an
item of misappropriation of funds as the money is not doing what it was
collected for. However, if they can show him that they can increase
parking by six spaces within a reasonable walk from the Library he will
support this.
At this point the roll was called to the motion.
Upon question by Mayor Lynch, the City Attorney advised that
this is an item which could come back time after time. Even though
they voted it down tonight, there is nothing prohibiting anyone from
coming back and asking for the money next week.
Mayor Lynch requested that this item be placed on the Special
Meeting agenda for next week.
9.R. Authorization to Forward Letter to Palm Beach County School
Board. The Commission is to consider authorizing the Education Board
to forward a letter to the Palm Beach County School Board with regard
to School Site "S" condemnation.
-26- 10/13/92
Dr. Alperin moved for approval, seconded by Mr. Andrews. Upon
roll call the Commission voted as follows: 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.
Before roll call the following discussion was had:
Carol Stanley, representing Mr. and Mrs. Blood, advised that
they have been trying to sell this property to the School Board for
well over a year. The Blood's are more than willing to negotiate with
the School Board; however, the last time they heard from them was in
March.
Upon question by Dr. Alperin, Robert Barcinski, Assistant City
Manager, advised he has had verbal communications with the
representative from the School Board and he is trying to get something
in writing.
At this point the roll was called to the motion.
9.S. Rescheduling of November 10, 1992 Regular Meeting. The
Commission is to consider a request from Commissioner Mouw to
reschedule the regular meeting of November 10, 1992 to November 17,
1992.
Dr. Alperin moved to reschedule the regular meeting of November
10, 1992 to November 17, 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.
9.T. Appointment of Alternate Members to the Code Enforcement Board.
The Commission is to consider the reappointment of John Goodman as an
alternate member to a term ending January 14, 1994 and appoint a
layperson to serve as the second alternate member to a term ending
January 14, 1993.
Mr. Andrews moved to reappoint John Goodman, 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.
Mr. Randolph requested that his appointment be deferred to the
Regular Meeting of October 27th.
Mr. Randolph moved to postpone his appointment to October 27th,
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.U. City Manager's Evaluation. The Commission is to consider the
City Manager's evaluation and salary adjustment.
-27- 10/13/92
Dr. Alperin stated he feels the City Manager has done an
excellent job and would recommend that they go as close to the maximum
as is comfortable.
Mayor Lynch stated he would concur with Dr. Alperin and feels
that he has done a lot to bring the City back together and help with
the professionalism of staff. He would support a raise in the area of
4-5%
Mr. Randolph stated he met with Mr. Harden and told him that he
was pretty much pleased with his handling of his staff, with the
exception of one person. He has not been happy with the Chief of
Police and will publicly state this again. He would support a 3%
raise.
Mr. Andrews stated he feels they are making progress and he has
seen some great strides made in three years. He feels a lot of this
has to do with the City Manager. The lines of communication with the
citizens are getting better and they are not appearing before the
Commission with a hostile attitude. He would support a 5% raise.
Dr. Alperin moved to give the City Manager a 4.5% raise,
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.
13. Comments and Inquiries on Non-Agenda Items.
13.A.1. Dr. Alperin stated that he has been informed that the
University Parkway Extension has been removed from the Thoroughfare
Plan to Palm Beach County.
13.A.2. Dr. Alperin stated that in the News of Delray on October 4th
they have a picture of two youths painting over graffiti at Delray
Depot. He believes that the Commission should direct staff that
anytime graffiti is painted on any properties in the City there should
be some effort immediately to remove it.
13.A.3. Mr. Andrews stated he was moved by the presentations tonight
regarding the teens in the City. He feels this issue should be
addressed more comprehensively and that the Education Board should look
at our youth as a total entity.
13.A.4. Mr. Andrews stated he appreciates staff looking into the
drainage problems on N.E. 4th and 6th Avenue. Perhaps they should give
this problem to the City Lobbyist to try and get some help from DOT.
13.A.5. Mayor Lynch stated that on his way to City Hall on Friday he
came along N.W. 1st Street and was solicited by a prostitute who was
standing on the corner. This was at 11:00 A.M. and very visible and
evident; hopefully, the Police Department can straighten this out.
-28- 10/13/92
13.A.6. Mayor Lynch stated someone brought to his attention that
perhaps they need to have more vendors selling flowers, fruits, etc.,
in the downtown area to try and create more activities and night life.
The Planning and Zoning Board should be looking to the future of the
City and he challenged them to look into ideas as to what can be done
in the downtown area.
13.B.1. The City Attorney stated that yesterday there was a hearing for
the mini PERC Commission concerning our motion to reconsider their
previous decision on the unfair labor practice with respect to the Fire
Fighters and the continuation of merit pay. The mini PERC rejected our
motion for a consideration and awarded attorneys' fees. He feels that
this was an erroneous decision and, once they get the written order, he
will be before the Commission with some more information concerning the
possibility of appeals and remedies.
13.B.2. The City Attorney stated, regarding the newsrack ordinance,
that the Commission received correspondence regarding a decision made
by one of the Federal Judges in the Coral Gables case. One of the
things which could clearly have a negative impact on Delray's ordinance
is that the Coral Gables ordinance also contained a provision saying
that the newsracks had to be of one color. He is trying to ascertain
from Coral Gables what they plan on doing now.
Mr. Andrews requested that the City Attorney get a copy of the
testimony of who made the aesthetic case and what their background was.
The City Attorney advised that October 14th is the date they
were to begin enforcement. In his mind, the Coral Gables decision
should not dissuade the Commission as there will be at least one
appeal. He questioned whether or not the Commission wish to hold off
on enforcement or begin the process.
Discussion followed regarding this question.
The City Attorney stated that if they begin the enforcement
process they will not be pulling racks out on the 14th. They will
begin the inventory and citing process which will take some time.
13.B.3. The City Attorney advised that the Ritchason vs City of Delray
Beach case is set for docket beginning October 19th. They have
calendar call tomorrow and there is a reasonable chance that they will
go to trial this month.
13.B.4. The City Manager reported they will be having the first
neighborhood meeting to kick off the Silver Terrace redevelopment plan
tomorrow evening at 7:00 P.M., in the First Floor Conference Room.
13.B.5. The City Manager stated October 1, 1993, is the deadline for
bringing substandard properties up to code in terms of landscapinq.
They are getting ready to set out approximately 200 notices to
properties on Federal Highway which do not meet current landscaping
requirements. The notice lets them know what their deficiencies are
and that they have one year to bring them up to code.
-29- 10/13/92
13.B.6. The City Manager stated that at the last meeting Commissioners
Alperin and Andrews brought to his attention some property maintenance
problems on properties seen from the Golf Course. Code Enforcement has
made two site visits to the area and have contacted the owners. He
will try to give the Commission an additional status report within the
next two weeks.
13.C.3. The City Manager stated that Commissioner Andrews had
questioned the possibility of instituting foreclosure proceedings on
Drexel Properties. He advised that a representative for the property
owners submitted a landscape plan which was reviewed by SPRAB on
September 2nd. The Board required some modifications to the proposed
plan; however, staff has not received the revised plans. The Code
Enforcement Board granted the owner a 90 day extension to correct the
violations. The per diem fine is frozen during this extension period;
therefore, the accrued fine is $6,500. He stated that staff is
forwarding the foreclosure issue to the City Attorney for his opinion
and direction.
The City Attorney stated it is his recollection that a lien has
not yet been filed on the property. They will get it back on the Board
agenda and they will give direction to file the lien.
Mr. Andrews requested that he be informed of when that Board
meeting is going to be so that he can attend.
13.C.4. The City Manager stated that Commission Andrews had also asked
for a drop-dead date on the Sign Code revisions. The draft Sign Code
is scheduled to go to SPRAB for their consideration no later than the
end of the month.
13.C.5. The City Manager stated there was some discussion last month
regarding tennis center fees for residents versus non-residents. He
advised that 1992 membership dues were $150 for a resident family and
a non-resident family paid $243. Daily court fees were $3 for
residents and $4.50 for non-residents.
13.C.6. The City Manager stated that have discussed the possibility of
having a pocket CRA on North Seacrest. The time frame to set that up
is approximately three and one-half months. He will send the
Commission a copy of the report which Mr. Kovacs prepared which lays
out the steps you have to go through.
Mayor Lynch requested that they get a rough idea of the cost
involved in finding the need and setting up the plan.
The City Manager stated what they have not done so far is to
try and run some pro-forma numbers on what the cost might be to acquire
the property, etc.
13.C.7. The City Manager stated, in conclusion, that he appreciates the
Commission's continuing confidence. He has spoken with Mr. Randolph at
some length about the problems they have with some portions of the
minority community and lack of confidence in the Police Department. He
-30- 10/13/92
believes they have developed a better rapport; however, they will not
be satisfied until they get more universal rapport and they will
continue to work on that.
Mayor Lynch declared the meeting adjourned at 10:30 P.M.
City Oterk
ATTEST:
'~" MAY O/~
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 October 13, 1992, which minutes were
formally approved and adopted by the City Commission on
Il -i ~- ~R, ·
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 the
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.
-31- 10/13/92
$--92 TUE :1. 6 : 40 ' P . 02
30~ YAMATO ~OAO
PEteR I IACHI* ~.0. BOX 11003~ OP COUNSEL
October 13, 1992
City CommiSsion
C/fy of De[ray Beech
100 N.W. let Avenue
Delray Beach, Plortda 33444
Ret Proposed Variance Request of
~ot It Ocean Apple Estates,
Fontaine, Fox Historic Site
Dear CommJssionerBt
This office represents Mr. & Mrs. Jack Sichelberger, owner of
the property two lots north of the property which is the subject of
the verieDCe request. Unfortunately, due to a scheduling conflict,
! am unable to attend this hearing, but respectfully request that
this letter be reviewed by the Commissioners and read Lnto the
record.
My clients would like to formally object to the Petit[o~ers
varLance request to increase the siae of their improvement on the
subject lot from 2,400 sq. ft. to 3,250 sq. ft.
On or about October 24, 1989, the City Commission passed and
adopted Ordinance No. 70-89 designating the Fontaine Fox house as
the Fontai~e Fox Historic Site. Shortly thereafter, the lot on the
east aide of A1A which is included in the Historic Site, was given
a varLance from the minimum lot area requirement of the E-l-AAA
aoning, ~O allow the construction of a single family de~ached
dwel[lng. Unfortunately, during this time, ~y clients did not
register any complaint or comment with the City regarding these
~atters. Their failure to regis%er any complaint or comment was
not due to their agreement and acquiescence in Mr. Wilson's
original petition. My clients cannot absolutely recall events el
three yearl agot but to the best of their recollection, they d~d
not either receive the notice, or did not comprehend the ~ature of
the ~otice and how it would effect ~he ownership of their property.
Regardless, my clients ere now on notice of the proDosed addlt~on
to the square foot requirement, and would llke to register their
object,on. The bas~s for my client's opposition ~s two-fold.
CITY COY~4ISSION
October 13, 1992
Page 2
Ftrst~ the pro~osed addit~onal square feet Is not consistent
w~th the 9ur~ose f the H~storic Site, nor does it enhance the
H~storic site.
· Historic Site designation was given to this
property primarily due to the existence of the Fontatne Fox
residence on the west sade of A-1-A. The variance to allow
cOnStruction of & residence on the east side of A-1-A was granted
o~ly as part of & trade-off to lower the density on the Lots on
west s~de of A-1-A. In the course of this trade-off, the
agreed to al!ow the o~ner of the property to construct & residence
not to exceed 2,400 sq. ~t. To increase that maximum requirement
does not add to the beauty, history or uniqueness of the Fonta~ne
FOX residence. It ~erely increases ~he s~ze of the residence on
the east s~de. The re,est is s~rictly monetarily motivated, and
~s no~ mo~va~ed for reasons of aes~he~ics~ architecture, h~story
or consistency w~th ~he Fontaine Fox residence. In deciding
whether to grant ~his variance, my clients believe ~hat
Commission should take into consideration how ~his variance will
enhance the architecture, h~s=o~ and general aesthetics of ~he
Historic Site, and should not take into considerat~on how i~ may or
may not ~nefit, monetarily, ~he Petitioner.
My client's second reason ~o= objecting ~s ~ha~ as the
proper~y 0~er directly north of ~he subJec~ residence, my clients
~uld be detrimentally affected by an ~crease ~n ~he s~ze of ~he
residence to ~he sou~h of their property. Th{s 18 ~a=~icularly so
In l~gh~ O~ the nature of the particular request, ~ely to expand
upon ~he Second floor on the north s~de of ~he subject
For ~hese reasons, my clients respectfully request ~ha= ~he
Comm$~s~o~ ~ot approve peti~oners re~es~ for a va=$ance ~o add
850 sq. ft. ~o ~t's proceed residence.
Ve~ ~ruly yours,
SACHS & S~ P.A.
SLD~ch
Cc~ Jack ~lchelberger