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11-17-92 NOVEMBER 17, 199~ A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:05 P.M., Tuesday, November 17, 1992. Commission Member-Select Ken Ellingsworth subscribed to the Oath of office administered by Sue Morrison, of the City Clerk's Office. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner Armand Mouw Commissioner David Randolph Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz 2. The opening prayer was delivered by Reverend James Atcheson, Church of the Palms. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Dr. Alperin requested that Item No. 8.G. be moved to the Regular Agenda as Item No. 9.A.A. Mayor Lynch advised that an additional item has been added to the Regular Agenda as Item No. 9.0. and a correction in terminology was made to Item No. 8.M. Dr. Alperin moved for approval of the agenda, as amend- ed, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Mouw - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Mayor Lynch stated he would like to amend the Minutes of the Regular Meeting of October 27, 1992. He was not present and Vice-Mayor Alperin adjourned the meeting. Dr. Alperin moved for approval of the Regular Meeting minutes of October 13, 1992, the Special Meeting of October 20, 1992, the Regular Meeting of October 27, 1992, as amended, and the Special Meeting of November 3, 1992, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes, Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations. 6.A. Mayor Lynch read and presented a proclamation commend- ing and recognizing Charles F. Hill for his willingness to obtain CPR training, a procedure that has saved many lives. Mr. Hill used that skill and was instrumental in using the procedure on a gentleman who had collapsed. This gentleman continues to live today in this community. Mr. Hill came forward to accept the proclamation. 7, Presentations. 7.A. The Florida League of Cities Certificate of Apprecia- tion - 1992 City Innovation Showcase. The City Manager stated this is something the League of Cities has incorporated into their legal convention. The Fire Department had three different programs they submitted to the League of Cities and all were recognized as innovative programs by the Florida League of Cities. They have awarded to the City a Certificate of Appreciation for contributions to the 1992 City Innovation Showcase. 7,B. Site Plan Review and Appearance Board Design and Devel- opment Awards. Mark Marsh, Chairman, stated he is representing the Board in presenting the certificates, as follows: 1 Ocean Properties 2 Morse Saturn 3 Fire Station No. 2 4 CBD 5 CRA 6 Nina Raynor 7 Delray Rug 8 Panache 9 Ellie's 50's Diner CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.A, Approve Litter Prevention Budget and Authorize Transfer of Prior Year Surplug. The Commission is to consider approval of the budget for Litter Prevention for fiscal year 1992/93 in the amount of $28,000 and authorize the transfer of $24,696 from the Sanitation Fund Prior Year Surplus (Account No. 443-0000-301-46.00). Approval is recommended. 8.B. Combined Mutual Aid Agreement/Boynton Beach. The Commission is to consider approval of a mutual aid agreement with 2 11/17/92 the City of Boynton Beach for operational assistance during law enforcement emergencies which cross jurisdictional lines. Ap- proval is recommended. 8.C. Ammendment to ~h~ Tri-Partit~ Agreement/Bank~r'~ Row. The Commission is to consider approval of an amendment to the tri-partite agreement with the Banker's Row Homeowners Associa- tion (BRHA) which provides that the CRA will reimburse the BRHA for the CRA's percentage of participation in the design, engi- neering, surveying and planning for improvements up to a maximum amount of $5,999 for engineering and $2,000 for surveying. Approval is recommended. 8.D, Renewal of Agreement for General Engineering Services. The Commission is to consider renewal of an agreement for General Engineering Services with Gee and Jenson, Inc. Approval is recommended. 8.E, Res~rva~iQn Agreement/Temple Sinai. The Commission is to consider approval of a reservation agreement with Temple Sinai. Approval is recommended. 8,F, Offer for Release of Lien/216 S.W. 13th Avenue. The Commission is to consider accepting an offer in the amount of $500 to release the $2,145 lien on property located at 216 S.W. 13th Avenue. City Attorney recommends acceptance of the offer. 8.G. MOVED TO THE REGULAR AGENDA AS ITEM NO. 9.A.A, 8,~, Acceptance of an easement deed. The Commission is to consider the acceptance of an easement deed associated with the abandonment of an alley within Block 62, Town of Linton (Sundy House). Acceptance is recommended. 8.I, Final Plat Approval. The Commission is to consider approval of the final plat for Sundy Estates located on the south side of S.W. 1st Street, between Swinton Avenue and S.W. 1st Street. Approval is recommended. 8.J. Deduct Change Order and Request for Final Pay- ment/Weekley. The Commission is to consider approval of a deduct change order in the amount of $9,772.40 for final plus/minus as-built quantities and approve the request for final payment in the amount of $11,366.71 from Weekley Asphalt Paving, Inc., for completion of the 1991 Road Reconstruction Program Part "A" (Iris Drive, Spanish Trail and Avenue L), with funding from Decade of Excellence Bond Issue Street Reconstruction (Account No. 225-3162-541-61.17). Approval is recommended. 8.K. Request for Final Payment/Elkins Constructors. Inc. The Commission is to consider approval of a request for final payment in the amount of $5,000 from Elkins Constructors, Inc., for completion of the North Storage Tank project, with funding from Water and Sewer Fund - North Plant (Account No. -3- 11/17/92 441-5162-536-60.93) and Renewal and Replacement Computer Equip- ment (Account No. 442-5178-536-64.11). 8.L. Deduct Change Order ~nd Request for Final Pay- ment/Asphalt Construction of Palm Beach, Inc, The Commission is to consider approval of a deduct change order in the amount of $9,042.50 for final plus/minus as-built quantity adjustments and approve the request for final payment in the amount of $3,959.36 from Asphalt Construction of Palm Beach, Inc., for the completion of the Homewood Boulevard Swale Reconstruction project, with funding from Decade of Excellence Bond Issue - Street Reconstruc- tion (Account No. 225-3162-541-61.17). Approval is recommended. 8.M. Amendment to City Commission Meeting Minu~ of 7/28/92 (Item No. 9.P.). The Commission is to consider ammending the minutes of the July 28, 1992 City Commission Regular Meeting, Item No. 9.P. to include approval of the Five Year Capital Im- provement Program. The amendment is recommended. 8.N. Resolution NO, 123-92. Resolution No. 123-92, assess- ing the costs for abatement action necessary to demolish unsafe structures ~and to board up one unsafe structure on property at 2345 N. Federal Highway, is before the Commission for considera- tion. Approval is recommended. The caption of Resolution No. 123-92 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. 123-92 is on file in the offi- cial Resolution Book) 8.0, Resolution No. 124-92. Resolution No. 124-92, assess- ing the costs for abatement action necessary to board up an unsafe structure on property at 225-227 S.W. 2nd Avenue, is before the Commission for consideration. Approval is recommend- ed. The caption of Resolution No. 124-92 is as follows: -4- 11/17/92 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. 124-92 is on file in the offi- cial Resolution Book) 8,P. Re~olution No. 125. Resolution No. 125-92, assessing the costs for abatement action necessary to board up an unsafe structure on property at 347 S.E. 3rd Avenue, is before the Commission for consideration. The caption of Resolution No. 125-92 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. 125-92 is on file in the offi- cial Resolution Book) 8.O, Resolution NO, 126-92. Resolution No. 126-92, assess- ing the costs for abatement action necessary to board up an unsafe structure on property located at 232 N.W. 8th Avenue, is before the Commission for consideration. Approval is recommend- ed. The caption of Resolution No. 126-92 is as follows: -5- 11/17/92 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. 126-92 is on file in the offi- cial Resolution Book) 8,R, Allocation Qf Prior Year Surplus/G~neral Construction Fund. The Commission is to consider authorizing staff to allo- cate $109,735 from the General Construction Fund Prior Year Surplus (Account No. 334-0000-301-34.00) and prior year funding from the FIND Grant in the amount of $14,115 (Account No. 334-0000-337-63.00) for the continuation of the Veteran's Park Redevelopment project. Authorization is recommended. 8.$, Award of Bids and Contracts. 1. Southeast Transmission Main Part B and Boca Raton Interconnection - Environmental Services - Ric Man International, Inc., in the amount of $467,239.50 with funding from 1991 Water and Sewer Revenue Bond - Water and Sewer Improvements S.E. 1st Street from U.S. 1 to Intracoastal Waterway (Account No. 447-5174-536-61.41), Water and Sewer - S.E. Transmission Main Construction (Account No. 441-5181-536-69.06 and Water and Sewer Capital - S.E. Transmission Main (Account No. 441-5161-536-69.06). 2. Liquid Carbon Dioxide - Environmental Services - Liquid Carbonic Carbon Dioxide Corp. in the estimated annual amount of $40,252 with funding from Water and Sewer - Water Treatment Plant Chemicals (Account No. 441-5122-536-52.21). 3. Bulk Quick Lime - Environmental Services - Dravo Lime Company in the estimated annual amount of $224,308 with funding from Water and Sewer - Water Treatment Plant Chemicals (Account No. 441-5122-536-52.21). 4. Mad Vac Litter Collection Vehicle - Public Works - Florida Municipal Equipment, Inc., in the amount of $17,515 with funding from Storm Water Utility Fund - Improvements Other (Account No. 448-5411-538-60.69). -6- 11/17/92 5. Water and Sewer Services - Former Enclave Areas (Seacrest Subdivision, Del Raton Park and Homewood Park) - Tiger Construction Services, Inc., in the amount of $345,370 with funding from 1991 Water and Sewer Revenue Bond - Enclave Water/Sanitary Sewer - Phase II (Account No. 447-5175-536-60.31). 6. Housing Rehab Grant awards with funding from Community Development Block Grant - Housing Rehab (Account No. 118-1963-554-49.19): 702 S.W. 1st Street - MJD Construction - $19,710 813 S.W. llth Terrace - MJD Construction - $16,742 230 S.W. 13th Avenue - MJD Construction - $14,926 7. Litter Containers - West Atlantic Avenue Beautifi- cation - Stonecraft of Boynton Beach in the amount of $18,744 with funding from Decade of Excellence Bond Issue - Atlantic Avenue 1-95 to Swinton Avenue (Account No. 225-4141-572-61.49). Mr. Ellingsworth moved for approval of the Consent Agenda, as modified, ~seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 9.A.A.(8.G.) ResQlution NO. 128-92. Resolution No. 128-92, abandoning a 16-foot alley located south of S.W. 1st Street, between Swinton Avenue and S.W. 1st Avenue, within Block 62, Town of Linton (Sundy House), is before the Commission for considera- tion. The caption of Resolution No. 128-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE 16 FOOT ALLEY RIGHT-OF-WAY LYING WITHIN BLOCK 62, TOWN OF LINTON (NOW DELRAY BEACH), ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. (Copy of Resolution No. 128-92 is on file in the offi- cial Resolution Book) Dr. Alperin questioned the status of the Certificate of Occupancy with regard to the Sundy House. Mr. Kovacs, Planning Director, responded that a temporary CO has been granted until December 1, 1992. At that time, all conditions should have been met in order to receive the permanent CO. Dr. Alperin stated it was his understanding that there would be no further extensions -7- 11/17/92 granted and he wanted to make sure the applicant understands this. Dr. Alperin moved for the adoption of Resolution No. 128-92. The City Attorney stated, prior to approving the reso- lution, there are some minor technical items with respect to the easement deed that the City accepted in the Consent Agenda that need to be clarified. He recommended that the Commission indi- cate in the motion that it not be signed and recorded until such time as the release of the mortgagees has been properly formulat- ed. Dr. Alperin amended his motion to reflect the recommen- dation of the City Attorney, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes. Said motion passed with a 5 to 0 vote. 9.A. Review of Appealable Land Development Actions of Vari- Ous 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 October 26, 1992 through November 13, 1992. Dr. Alperin moved that the report be received and filed, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.B. Architectural Elevations and Waiver Requests/Wendy's. The Commission is to consider the architectural elevations and associated landscape code waiver for Wendy's Restaurant at Boca Rey Plaza. Site Plan Review and Appearance Board recommends approval, subject to the conditions as outlined in the memo from Diane Domingues, Planner III. Mr. Mouw moved for approval of the elevations and the waiver request for Wendy's Restaurant on West Linton Boulevard, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Mr. Mouw - Yes. Said motion passed with a 4 to 1' vote. Before roll call the following discussion was had: Mr. Randolph expressed concern with the barrel tile roof. Peter J. Pedicini, representing Wendy's, stated that, in order to conform with the other two outparcels, the national franchise texture has been changed to blend in with the entire frontage. -8- 11/17/92 At this' point the roll was called to the motion. 9.C. Declaration of Emergency/Waiver of Code Provisions. The Commission is to consider declaring an emergency and waiving the provisions of Chapter 101, "Parks, Beach and Recreation", Section 101.32, "Assemblies" to permit the assembly of approxi- mately 200 people on the Municipal Beach on Thursday, November 26, 1992. City Manager recommends approval. Dr. Alperin moved to declare an emergency and waive the provisions of 101.32 to allow the assembly of approximately 200 people on the Municipal Beach on Thursday, November 26, 1992, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9,D. THIS ITEM WAS REMOVED FROM THE AGENDA. 9.E. Property Acquisition/Master Booster Pump Station. The Commission is to consider approval of a contract for the purchase of property .from the FEC Railroad to be used to construct the Master Booster Pump Station. City Manager recommends approval. Mr. Ellingsworth moved for approval, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9,F. Service Authorization No. 12/Survey South. The Commis- sion is to consider approval of a service authorization in the amount of $21,180 for surveying services in conjunction with the Decade of Excellence Alley Reconstruction Project Phase II, with funding from Decade of Excellence Alley Reconstruction Phase II (Account No. 225-3162-541-61.47). City Manager recommends ap- proval. Upon question by Mr. Mouw regarding work that is being done in Block 91, the City Manager advised that it is a platted alley, a portion of which will be constructed to the Surles property and will be paid for by the Surles. This project in- volves only the remainder of that alleyway. He stated further that a petition was received in the City Manager's office from four property owners in Block 57, requesting that the alley be abandoned as opposed to being opened. He plans to take a better look at that location. Mr. Mouw moved for approval, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. -9- 11/17/92 9,G. Addendum NO. 1 to Servic~ Authorization No, 2/Mock Roos ~nd Associates. Inc. The Commission is to consider approval of an addendum to Service Authorization No. 2 in the amount of $25,100, for additional engineering services in conjunction with the Southeast/Southwest Road Reconstruction project; and deleting Phases IV (bidding/negotiation) and V (construction phase) ser- vices at a savings of $39,200 for a net savings of $14,100. City Manager recommends approval. Dr. Alperin moved for approval of Addendum No. 1, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9oH. Change Order No. 1/All-Rite Paving Contractors. Inc. The Commission is to consider approval of a change order in the amount of $15,465 to build a five foot sidewalk on the west side of N.W. 1st Avenue from N.W. 2nd Street to Cason United Methodist Church (approximately 1100 linear feet), with funding from Commu- nity Development Streets and Sidewalks (Account No. 118-1965-554-63.11), in ~conjunction with the City Attorney's office remodeling and Tennis Center/Stadium project. City Manag- er recommends approval. Mr. Randolph expressed the hope that that stretch of sidewalk could be curbed at this time. Ralph Hayden, City Engi- neer, commented that the proposal is to move the sidewalks back in order to construct swales for stormwater retention. Mr. Ellingsworth moved for approval of Change Order No. 1/All-Rite Paving Contractors, Inc., seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 9.I, Amendment NO. 1 ~O Service Authorization 3/Professional Engineering Cons~ltan~. The Commission is to consider approval of an amendment in the amount of $16,650 to Service Authorization No. 3 to the contract with Professional Engineering Consultants for additional engineering services in conjunction with the construction of the In-Line Booster Station, with funding from 1991 Water and Sewer Revenue Bond - Master Sewage Station (Account No. 447-5166-536-33.11). City Manager recommends approval. Dr. Alperin moved for approval of Amendment No. 1, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.J. Agreement for Architectural Service~ and Service Au- thorization No. 1/A. Grant Thornbrough ~nd A~Qci~tes. The -10- 11/17/92 Commission is to consider approval of an agreement for Architec- tural Services with A. Grant Thornbrough and Associates and a service authorization in the amount of $50,000, plus $3,000 for reimbursables for planning, design and construction administra- tion services for the Swinton Avenue Beautification project, with funding from Decade of Excellence Bond Issue - Swinton Avenue (Account No. 225-4141-572-61.48). City Manager recommends ap- proval. Mayor Lynch questioned the total estimated amount to be spent on this project. The City Manager stated the budget is currently at one-half million; that is what is in the Decade of Excellence Bond Issue. Upon question as to estimated cost of architectural services, Mr. Hayden responded that it is approxi- mately $23,000. The amount originally budgeted was for $50,000. Mr. Mouw questioned the insurance coverage should Mr. Thornbrough or one of his associates be driving a vehicle that is not listed under those listed in the contract. Mayor Lynch suggested to Mr. Thornbrough that he have additional coverage (Hired and not owned) to show that any auto that should be on the site could be covered. He also suggested that under the Commer- cial Policy, that commercial automobile coverage cover any auto that they might be using in the corporation. Dr. Alperin moved for approval of the Agreement for Architectural Services with A. Grant Thornbrough and Associates and Service Authorization No. 1 in the amount of $50,000, plus $3,000 for reimbursables, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.K. Approval of Budget Items. The Commission is to consid- er approval of items inadvertantly omitted from the final budget due to an error in the application of budget software. City Manager recommends approval Mr. Randolph moved for approval, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9,L, Appointment of a Member to the Downtown Development Authority. The Commission is to consider appointing a member to the Downtown Development Authority to fill the unexpired term of Sal Matteis ending July 1, 1994. Dr. Alperin moved to appoint Alan Armour as a member to the Downtown Development Authority, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. -11- 11/17/92 9,Mo Appointment of a M~mb~r to ~he E~ucation Board. The Commission is to consider the appointment of a member to fill a vacancy on the Education Board to a term ending July 31, 1994. Mr. Mouw moved to appoint John-Michael Jones to fill a vacancy on the Education Board, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 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 10.A. Ordinance NO. 54-92. Ordinance No. 54-92, rezoning property located west of Congress Avenue on the south side of Linton Boulevard (Abbey Delray South property) from PRD (Planned Residential Development) zone district to CF (Community Facili- ties) zone district, 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. Planning and Zoning Board recommends approval. Mr. Randolph left the Commission Chambers at this time. The City Manager presented Ordinance No. 54-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PRD (PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PORTION OF ABBEY DELRAY SOUTH, AS 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. 54-92 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 compli- ance 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. 54-92 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth -12- 11/17/92 - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 10.B. Ordinance No. 55-92. Ordinance No. 55-92, rezoning the North Ocean Boulevard parking lot property located on the west side of Ocean Boulevard, north of Atlantic Avenue from CF (Commu- nity Facilities) zone district to OS (Open Space) zone district 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. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 55-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT IN OS (OPEN SPACE) DISTRICT; SAID LAND BEING A PARCEL KNOWN AS NORTH OCEAN BOULEVARD PARKING LOT, AS 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. 55-92 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 compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Ellingsworth moved for the adoption of Ordinance No. 55-92 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. Mr. Randolph returned to the Commission Chambers at this time. 10.C, Ordinance No. 56-92. Ordinance No. 56-92, rezoning the Sandoway Park property located on the northwest corner of Ocean Boulevard, south of Atlantic Avenue from CF (Community Facili- ties) zone district to OS (Open Space) zone district, 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. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 56-92: -13- 11/17/92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT IN OS (OPEN SPACE) DISTRICT; SAID LAND BEING A PARCEL KNOWN AS NORTH OCEAN BOULEVARD PARKING LOT, AS 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. 56-92 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 compli- ance 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. 56-92 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted .as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.D, Ordinance No, 57-92. Ordinance No. 57-92, rezoning the Ingraham Park property located on the northwest corner of Ocean Boulevard, south of Atlantic Avenue from CF (Community Facili- ties) zone district to OS (Open Space) zone district, 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. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 57-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT IN OS (OPEN SPACE) DISTRICT; SAID LAND BEING INGRAHAM AVENUE PARK, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORDIA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 57-92 is on file in the official Ordinance Book) Mr. Mouw left the Commission Chambers at this time. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- -14- 11/17/92 ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Ellingsworth moved for the adoption of Ordinance No. 57-92 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 10.E. Ordinance No. 58-92. Ordinance No. 58-92, rezoning the Anchor Park property located on the west side of Ocean Boulevard, north of Casuarina Road from CF (Community Facilities) zone district to OS (Open Space) zone district, is before the Commis- sion 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. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 58-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT IN OS (OPEN SPACE) DISTRICT; SAID LAND BEING ANCHOR PARK, AS 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. 58-92 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 compli- ance 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. 58-92 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. Mr. Mouw returned to the Commission Chambers at this time. 10.F, Ordinance NO. 59-92. Ordinance No. 59-92, rezoning the Atlantic Dunes Park property located on the east side of Ocean Boulevard, north of Linton Boulevard from CF (Community Facili- ties) zone district to OS (Open Space) zone district. Prior to consideration of passage of this ordinance on Second and FINAL -15- 11/17/92 Reading, a public hearing has been scheduled to be held at this time. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 59-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT IN OS (OPEN SPACE) DISTRICT; SAID LAND BEING ATLANTIC DUNES PARK, AS 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. 59-92 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 compli- ance 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. 59-92 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries Qn Non-Agenda I~em$ ll,A.1, The City Manager responded to questions that were raised about the fees for the use of Pompey Park by stating that a research was conducted and it was learned that those fees were established by the City Commission. If the Commission would like those fees re-evaluated and some changes made, that can be done. In the interim the Heritage Association requested a fee waiver to hold a dance at the Community Center on November 14, 1992. As an entrance fee, they were requesting that participants bring canned goods to help in the preparation of a Thanksgiving dinner to be shared with the needy in the community; the City waived all of the fees. Mayor Lynch questioned if the extra rooms in the new fire station on West Atlantic Avenue could be used for community use. The City Manager commented if they were to be used for meeting rooms, there is usually no charge; however, if the meet- ings are held after normal working hours, employees that are required to staff these meetings will be paid overtime. ll.A.2. The City Manager stated there was a question raised with regard to the timeliness of Police response. He will re- spond to this at the next meeting. -16- 11/17/92 ll,B. Comments and Inquiries on Non-Agenda Items from the Public. ll.B,1. Emme~ Bl~ke, 1630 Catherine Drive, stated he is speak- ing in regard to an employment situation wherein he applied for a position in the Water Treatment Plant. He was notified on Fri- day, November 13th, 1992, that his application was not being considered due to the fact that he is not a City employee. He was also informed that the City has an inhouse policy where employees are promoted from within. He questioned how the City is able to maintain this policy and, at the same time, claim to be an Equal Opportunity Employer. He was further instructed to apply for a position in a place where Blacks were accepted. During further discussion, this person informed him that the City of Delray does not hire Blacks to work in their Water Treatment Plant. He was originally told that, upon the opening of the new plant, the person to be hired will be required to have prior experience in water treatment and lime softening. It is his understanding that the person selected to fill the position offered no resume nor prior experience. He is prepared to offer the City eight and one-half years of experience in this area and does not understand why his application was turned down. He requested a reply from the City Manager and that this response be made public concerning this matter. Mayor Lynch advised that the City Manager will respond to his request. ll.B,2. Ro~l Ritfeld, a Delray Beach Police Officer, stated he is speaking on behalf of the Palm Beach Guardians, an association of Professional Black Law Enforcement Officers, of which he is a member. At the time the new Chief of Police came on board, the Guardians presented a list of concerns which voiced the Black officers' opinions and concerns as follows: 1) A concern about hiring of Blacks and other minorities 2) A lack of promotional opportunities for qualified Black candidates to high levels within the administration 3) The use of racial slurs and jokes during briefing and other casual contact between officers while on duty 4) The posting of racially offensive cartoons on Police Department bulletins 5) Concerns about unfair practices during promotional board interviews and full disclosure of the results of the written examinations 6) A lack of opportunity for Black officers in lateral transfers in Police Specialties 7) Officer safety when using police two-way radios by unprofessional officers who jeopardize other officers lives 8) Educational and training opportunities for Black and other minority officers 9) Unequal and unfair opportunities for off-duty details -17- 11/17/92 Chief Overman and the department have made the follow- ing improvements: two Black officers have been promoted; at least five Black officers have been hired since then; there are now Black officers in several specialties; the promotional boards have been reviewed and are now representative of minorities; there are more opportunities for minority officers to attend schools and special training; policies have been made to remove the racial jokes and slurs; the problems of off-duty details have been addressed; and sexual harassment and racial policies have been implemented. Mr. Ritfeld stated these statements will be made pub- lic; however, it was the wish of the association to inform the Commission, upfront, exactly what they are all about. FIRST READINGS 12,A. Ordinance NO. 60-92. Ordinance No. 60-92, approving amendments to the Community Redevelopment Agency's Plan, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held December 1st. Approval is recommended. The City Manager presented Ordinance No. 60-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH, FLORIDA, IN ITS ENTIRETY; FINDING THAT THE MODIFICATION CONFORMS TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATION IS CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER FIND- INGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTES SECTION 163.360(6)(7); AND PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 60-92 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 12.B. Ordinance No. 61-9~. Ordinance No. 61-92, amending the Future Land Use Map designation from Transitional to General Commercial for property located on the south side of Linton Boulevard, east of the Boca Rey Plaza (Holland Property). Plan- ning and Zoning recommends denial (7-0 vote). The City Manager presented Ordinance No. 61-92: -18- 11/17/92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND LOCATED EAST OF MILITARY TRAIL ON THE SOUTH SIDE OF LINTON BOULEVARD, AS MORE PARTICULAR- LY DESCRIBED HEREIN, FROM "TRANSITIONAL" TO "GENERAL COMMERCIAL"; AMENDING THE LAND USE PLAN; PROVIDING FOR EXEMPTION FROM THE TRANS- MITTAL-AND-ORC PROCESS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Arthur Jackel, Chairman of UPO, Helen ~QQpersmith, resident, Sol Weinberger of Del Aire, Dorothy Alpor% of Cross- winds, Randi Golder of Woodlake, Maryann Kane of Shadywoods and Muriel Brooks of Pines of Delray North, spoke in opposition to this ordinance. Tom Purdo, 1011 Brooks Lane, Attorney for the appli- cant, Gerald Holland, gave a brief review of this issue. He commented that he would like to be afforded the opportunity to locate a user within the next six months, to return and present a site plan to the Commission showing how it will impact the people surrounding the project, bring a quality addition to the City, increase the tax base and open up some new positions in the City. Lee Einsweiler, Planner for the applicant, stated that the existing approval on the site and the existing zoning is for Planned Office Center. At the time it was approved, the concep- tual plan showed 114,000 square feet of offices and a 7,000 square foot restaurant. It is his feeling that those persons who spoke earlier tonight, in opposition to the project, are ignoring the existence of that zoning and treating the site as though it was vacant; however, the nature of the surrounding area has changed substantially. At the time the Planned Office Center zoning existed, the approval was put in place for the Holland Parcel. Since that time the Planned Office Center seems to have gone away and it is now a substantial commercial site, including several outparcels with Albertson's across the street. The applicant would like to bring before the Commission a Special Activities District, prepare a complete site and development plan, including architectural and landscaping elevations, have the plan reviewed by the Planning and Zoning Board and return to the Commission for Second and FINAL Reading within the 180 day period. The City Attorney stated there has been discussion with regard to rezoning with a revision of the rezoning to SAD. The applicant has the power to withdraw the present rezoning applica- tion and reapply for a SAD. It would be inappropriate for the City to consider the SAD on First Reading at this point. The -19- 11/17/92 question immediately before the Commission for consideration is the Land Use. Upon question as to whether or not the SAD zoning was discussed at the Planning and Zoning Board meeting, Mr. Kovacs commented that he did not think so. He also stated that the Board voted against the plan with a vote of 7 to 0, as not being the appropriate Land Use for the property as it would be incon- sistent with the future Land Use Plan. Discussion followed. J$an Beer, Planning and Zoning Board, stated the issue was clearly Land Use and the Board feels that it would have a domino effect on property alongside. She further commented that the Board feels a SAD zoning does not hold much meaning, if it is so easily changed. Mr. Randolph expressed concern and stated he could not vote for the approval while it is in this posture. Mr. Mouw stated he strongly favors commercial develop- ment; however, the Code states commercial development will be limited in the western section in order to promote the downtown area. With this property having a single large user, he feels there would be no possibility of having that type of commercial activity in the downtown area. He feels it would be a good possible transition, if handled properly, between commercial on the west and residential on the east. He does now know how the City gets from here to that point without granting a General Commercial Comprehensive Plan change that would open doors he does not want opened. Mayor Lynch stated he could not approve a carte blanche change in zoning that could result in any number of things and he would be unable to support it. Mr. Einsweiler stated there is no way they can accom- plish this proposal, short of requesting a Comprehensive Plan change. He reiterated his former statement that, they would like the opportunity to put a tenant in hand and have some feeling that this might be approved in order that it be brought before the Commission again. If they fail to proceed with the entire process, the project will be dead. If the Commission would like to study the SAD opportunity the applicant hopes to pursue, it is their desire to withdraw both issues and return at another date. The City Attorney questioned where the City stands with regard to transmittal to DCA on this item. Mr. Kovacs advised, in order to get the Plan Amendment to DCA, it must first have Second and FINAL Reading and be approved. It is his understand- ing that Mr. Einsweiler would like both items (Ordinance No. 61-92 and Ordinance No. 62-92) put in abeyance at this time, return to the Planning and Zoning Board with a SAD designation, redo the site plan, the traffic study, etc, return to the Commis- sion within the six month period; and, at that time, have a First -20- 11/17/92 Reading on the zoning, and, if approved, have the Second and FINAL Reading on the Plan Amendment, adopt the Plan Amendment, send it to DCA for ninety (90) days and hope there is no action. Then the item can be placed before the Commission for considera- tion on Second and FINAL Reading on the SAD rezoning. Mayor Lynch stated he feels the applicant needs to know exactly where the Commission stands on this issue. Mr. Kovacs stated, with regard to the process, his recommendation would be to withdraw both items, the applicant can return in any time frame they choose with a Plan Amendment re- quest and their rezoning, proceed through the process, get the adoption and receive the ninety (90) days. Gerald Holland, applicant, stated he has owned this property for a long time and feels he is not making an unfair request. Mr. Einsweiler advised that both items were being withdrawn at this time. 12.C. Ordinance No. 62-92. WITHDRAWN. At this time the Commission returned to the Regular Agenda. 9.N, Appointment of Commission Members to Various Advisory Boards and Committees. The Commission is to consider the ap- pointment of Commission members to serve as the liaison member to various advisory boards and committees formerly served by Commis- sioner Andrews. Mr. Ellingsworth volunteered to replace Mr. Andrews on the Site Plan Review and Appearance Board, the Downtown Develop- ment Authority and the Metropolitan Planning Organization. The Commission concurred to discuss the remainder of the appointments at the Regular meeting to be held November 24th. 9.0. SPady Property Acquisition. The Commission is to consider approval of a final settlement in the amount of $255,000 for acquisition of properties G, H, J and M in conjunction with the S.D. Spady Access Improvements project. City Attorney recom- mends approval. Dr. Alperin moved for approval of final settlement, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 13. Comments and Inquiries on Non-Agenda Items: -21- 11/17/92 13.A.1. Commissioner Alperin had no inquiries, but congratulat- ed Mary McCarty, who was named the new Chairwoman of the Palm Beach County Commission. 13.A.2. Commissioner Mouw had no comments or inquiries. 13.A.3. Commissioner Ellingsworth thanked the other members of the Commission for the honor they afforded him by making him a member of the Delray Beach City Commission. 1.3.A.4. Commissioner Ellingsworth questioned if there has been any discussion concerning how the new tennis facility will func- tion; is there anyone budgeted to Parks and Recreation, or per- haps a workshop can be held. Mayor Lynch responded that he and Joe Weldon, Director of Parks and Recreation, have discussed the entire function and it is the hope that it will pay for itself to a great extent. With regard to the stadium, the City would like to put it to good use and there are ideas being considered con- cerning the staffing and management; however, the Commission has not actually addressed this. The City Manager stated some op- tions are being explored at this time and it will probably be on the January worksession. 13.A.5. Commissioner Randolph had no comments or inquiries. .13.A.6. Mayor Lynch had no comments or inquiries. At this point Jonathan Green requested permission to speak. Mayor Lynch stated there is a time in the agenda which states that any comments on non-agenda items can come from the public and you are welcome to speak at that time. However, that time has passed and the Public Hearings portion has been closed. He further commented that he or any of the individual Commission- ers would be happy to speak with him if he wished to call them regarding any issue. i~,B,1, There were no comments or inquiries from the City Attorney. 13.C.1. The City Manager stated direction from the Commission is requested with regard to handling the Waterford issue next week on First Reading. Staff suggested perhaps the Commission might take presentations from staff and the applicant, but not allow public comments at that time. At the Second and FINAL Reading, the public comments and any other questions that might arise would be welcome. It is a very complex and involved mat- ter, with a lot of different issues. Mayor Lynch recommended that a statement be placed on the agenda stating that this item will not be a public hearing until Second and FINAL Reading. 13,D,1. Mary McCarty, Chairwoman of the Palm Beach County Commission, thanked the Commission for the warm welcome and congratulated Commissioner Ellingsworth on his new position. She -22- 11/17/92 offered her assistance in any area in which she can be helpful and requested help, if needed, in her new capacity. Mayor Lynch declared the meeting adjourned at 8:25 P.M. 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 of said City Commission of November 17, 1992 which minut~vs wer~ formally approved and adopted by the City Commission NOTE TO READER: If the minutes that you have received are not completed as indi- cated 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. -23- 11/17/92