03-13-91 CORRECTED COPY
MARCH 13, 1991
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., Wednesday, March 13,
1991.
1. Roll call showed:
Present - Commissioner Jay Alperin
Commissioner William Andrews
Commissioner Armand Mouw
Commissioner David Randolph
Mayor Thomas E. Lynch
Absent - None
Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz
2. The opening praYer was delivered by Reverend Gerald Dingman,
Cason United Methodist Church and Abbey Delray.
3. The Pledge of Allegiance to the flag of the United States of
America was given.
4. Dr. Alperin requested that Items No. 8.C., 8.F. and 8.J. be
removed from the Consent Agenda, Mr. Andrews requested that Item 8.B.,
8.G. and P.5. be removed from the Consent Agenda and Mr. Mouw requested
that Item 8.N. be removed from the Consent Agenda and added to the end
of the Regular Agenda. The City Manager stated Item 9.L. should be
deleted because it was approved by the Commission in October.
Mr. Andrews moved for approval of the agenda, as amended,
seconded by Mr. Mouw. Upon roll call the Commission voted as follows:
Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph -
Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote.
4A. Canvass Ballots for First Nonpartisan .and Special Elec.t.iqn of
March 13, 1991 and Declare the Results.
The City Clerk reported that she has presented the certified
cumulative total for the regular and absentee ballots from the Supervi-
sor of Elections Office of Palm Beach County, Florida, showing the
results of the First Nonpartisan and Special Election held on Tuesday,
March 13, 1991. The results were as follows:
COMMISSION MEMBER - SEAT NO. 3
William "Bill" Andrews 3,515 Regular + 69 Absentee = 3,584 TOTAL
Rosalind "Roz" Murray 1,628 Regular + 42 Absentee = 1,670 TOTAL
Dr. Alperin moved to approve the total votes for each candidate
for Commission Seat No. 3, including all the regular and absentee votes
as presented, and that it is hereby declared, based upon the above and
foregoing results, that William "Bill" Andrews is elected as Commission
Member - Seat No. 3, for a two (2) year term commencing on the 28th day
of March, 1991, and ending in accordance with the City Charter, seconded
by Mr. Randolph. Upon roll call the Commission voted as follows: Dr.
Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes.;
Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote.
COMMISSION MEMBER - SEAT NO. 1
Armand Mouw - Unopposed
Dr. Alperin moved to approve that Armand Mouw, being the only
candidate to qualify for the office of Commission Member - Seat No. 1,
is hereby declared to be elected to that office in accordance with
Section 5.04(b)(2) of the City Charter in that he is deemed to have
voted for himself, and shall serve for a term of two (2) years, commenc-
ing on the 28th day of March, 1991, and ending in accordance with the
City Charter, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch -
Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to
0 vote.
5. Dr. Alperin moved for approval of the minutes of the Regular
Meetings of February 12th and February 26th, 1991, seconded by Mr. Mouw.
Upon roll call the Commission voted as follows: Mr. Randolph - Yes;
Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes.
Said motion passed with a 5 to 0 vote.
6. Proclamations:
6.A. Mayor Lynch read and presented a proclamation proclaiming the
month of March, 1991, as "Living Well in Florida Month". Ann Nelson, of
the Parks and Recreation Department, came forward to accept the procla-
mation.
6.B. Mayor Lynch read and presented a proclamation proclaiming the
week of April 7-14, 1991, as "Days of Remembrance of the Victims of
Holocaust".
6.C. Mayor Lynch read and presented a proclamation in honor of those
troops and their families from the City of Delray Beach and the South
County area for their participation in Operation Desert Storm.
7. Presentations:
The City Manager stated the City received a Certificate from
the National Committee for Employer Support of the Guard and Reserve,
presented on behalf of the men and women of the Guard and Reserve Forces
for distinguished contribution to the National Defense and he would like
to share it with the Commission and the community.
CONSENT AGENDA
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The following items were considered by the Commission as the
Consent Agenda:
8.A. Continuation of Ordinance No. 22-91. Ordinance No. 22-91,
placing an historic designation on the Colony Hotel Buildings and
placing them on the Local Register of Historic Places until March 26,
1991, is before the Commission for consideration of final action. City
Manager recommends approval.
The City Manager presented Ordinance No. 22-91:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL
MANAGEMENT DISTRICTS", SECTION 4.5.1, "HISTORIC
PRESERVATION SITES AND DISTRICTS", SUBSECTION
4.5.1(K), "DESIGNATION OF HISTORIC SITES", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING THE
COLONY HOTEL AND THE COLONY HOTEL NORTH ANNEX TO THE
LISTING OF HISTORIC SITES AS ITEM (11); PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 22-91 is on file in the official Ordi-
nance Book)
$.D. Final Plat Approval. The Commission is to approve a request
for final plat approval for the replat of Lots 13 and 14, Block 58,
Metcalf's Subdivision, located on the northeast corner of N.W. 1st
Avenue and N.W. 2nd Street (Southwerks at the Tabard).
8.E. Request for Use of Staqe and Waiver of Rental Fee. The Commis-
sion is to approve a request from the City of Boynton Beach for use of
the City's stage on March 22-24, 1991, for their annual Great American
Love Affair (GALA) and waive the stage rental fee of $525.00. City
Manager recommends approval.
8.H. Ratification of Appointment to the Old School Square Nominatinq
Committee. The Commission is to consider ratification of the appoint-
ment of Armand Mouw as a member of the Old School Square Nominating
Committee.
8.I. Authorization to Neqotiate Final Aqreement - Palm Trail Nature
Preserve. The Commission is to consider authorizing staff to negotiate
a final agreement with William Swaim and Associates for the development
of the Preserve Property on Palm Trail as a neighborhood nature pre-
serve. City Manager recommends approval.
8.K. Resolution No. 14-91. Resolution No. 14-91, assessing costs
for abatement action required to remove nuisances on 39 properties
throughout the City, is before the Commission for consideration. City
Manager recommends approval.
The caption of Resolution No. 14-91 is as follows:
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
(Copy of Resolution No. 14-91 is on file in the official
Resolution Book)
8.L. Resolution No. 15-91. Resolution No. 15-91, assessing costs
for abatement action required to remove nuisances on 35 properties
throughout the City, is before the Commission for consideration.
The caption of Resolution No. 15-91 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
(Copy of Resolution No. 15-91 is on file in the official
Resolution Book)
8.0. Resolution No. 18-91. Resolution No. 18-91, formally estab-
lishing the Kids and Cops Committee as a formal City Advisory Board, is
before the Commission for consideration.
The caption of Resolution No. 18-91 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, ESTABLISHING THE KIDS AND COPS COMMITTEE
AS AN ADVISORY BODY TO THE CITY COMMISSION; PROVIDING FOR
SUCH COMMITTEE'S COMPOSITION, TERMS, THE FILLING OF
VACANCIES, RATIFICATION OF SELECTIONS BY THE CITY COMMIS-
SION, DIRECT REAPPOINTMENTS, AND MEETING CRITERIA;
PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF THE
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COMMITTEE, PROVIDING FOR STAFFING FOR PROGRAM ACTIVITIES;
PROVIDING FOR RECRUITMENT OF PARTICIPANTS; PROVIDING FOR
THE AUTHORITY OF SAID COMMITTEE; PROVIDING AN EFFECTIVE
DATE.
(Copy of Resolution No. 18-91 is on file in the official
Resolution Book)
8.P. AWARD OF BIDS AND CONTRACTS.
1. Subaqueous Crossing/Intracoastal Waterway - Environmental
Services-Ric-Man International, Inc., in the amount of
$423,020.50 with funding from East Atlantic Subaqueous Crossing
(Account No. 447-5174-536-61.87/Balance $550,000). City
Manager recommends approval.
2. S.E. Transmission Main - Environmental Services - ManCon,
Inc., including deductive alternate number 2, in the total
amount of $804,655.35 with funding in the amount of $107,809
from Miller Park Storage Tank Engineering (Account No.
441-5181-536-69.01). Account balance $124,000. And funding in
the amount of $696,846.35 from 1991 Water and Sewer Revenue
Bond (Account No. 447-5174-536-61.41). Account balance
$875,000. City Manager recommends approval.
3. Fire Hydrant Installation - Tropic Palms Subdivision -
A.O.B. Underground, Inc., in the amount of $32,063 with funding
from Water and Sewer Renewal - Replacement Fund (Account No.
442-5178-536-61.77). Account balance $261,786.09. City
Manager recommends approval.
4. Toro 72" Riding Mower - Parks and Recreation - Hector Turf
(GSA contract) in the amount of $12,615.78 with funding from
Parks Equipment Other (Account No. 001-4131-572-60.89).
Account balance $17,893. Amount budgeted $10,100. City
Manager recommends approval.
6. Fire Department Uniforms - Fire Department - Harrison
Uniform ($19,320.73) and Martin Lamar Uniforms ($2,941) with
funding from Fire/EMS Operations-Uniforms (Account No.
001-2315-526-33.48) Account balance $38,852.56. City Manager
recommends approval.
Dr. Alperin moved for approval of the Consent Agenda, seconded
by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor
Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr.
Randolph - Yes. Said motion passed with a 5 to 0 vote.
REGULAR AGENDA
9.A. Review of Appealable Land Development Actions of Various
Boards. The Commission is to consider accepting actions and decisions
made by the Planning and Zoning Board, Site Plan Review and Appearance
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Board and the Historic Preservation Board during the period of February
25 through March 12, 1991.
Dr. Alperin stated he would like the Commission to be aware
that the Hidden Lakes Development is requesting that the setback be
changed from 15 feet to 10 feet in order to accommodate a certain
problem.
Dr. Alperin moved that the Commission receive and file the
report, seconded by Mr. Randolph. Upon roll call the Commission voted
as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr.
Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0
vote.
9.B. Amendment to Emergency Service Mutual and Automatic Aid Aqree-
ment between the City and Palm Beach County. The Commission is to
consider an amendment to the Emergency Service Mutual and Automatic Aid
Agreement between the City and Palm Beach County to provide interim
assistance for emergency medical services and fire suppression responses
in the southwest portion of the City. City Manager recommends approval.
Mr. Mouw moved for acceptance of the amendment to the Emergency
Service Mutual Contract as outlined, seconded by Mr. Andrews. Upon roll
call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews -
Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion
passed with a 5 to 0 vote.
9.C. Reuse of Carver Community Middle School. The Commission is to
consider the establishment of a Task Force to formulate a plan for the
reuse of Carver Middle School.
Upon question by Mr. Mouw, Lula Butler, Director of Community
Improvement, confirmed that the School Board has title to the land and
they plan to be under construction by June. She further stated that the
Education Board would like the Commission to appoint the majority of the
members to make up the Task Force.
The Commission concurred to place this on the Workshop sched-
uled for April 2, 1991.
9.D. Alleyway Improvement Program. The Commission is to consider a
priority listing of the alleyway improvements as identified in the
Decade of Excellence Bond Issue activities.
Mr. Andrews requested that all departments improve their
graphics to make the backup material more legible.
Mr. Andrews moved for approval of the groupings, as indicated,
with the caveat that staff is obligated to remove or alter projects as
they see fit regarding the stormwater drainage, seconded by Mr. Ran-
dolph.
6 3/13/91
Mayor Lynch stated he would like to add special consideration
or coordination with all the groups in the downtown area, not only DDA
and CRA in the block around the Board of Realtors and Ace Hardware.
Mr. Andrews amended his motion to reflect the addition, Mr.
Randolph amended his second. Upon roll call the Commission voted as
follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr.
Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote.
9.E. Request to Place a Concession Trailer on the Beach. The
Commission is to consider a request from Atlantic Community High School
Band to have a certified food vending trailer at the beach on a Saturday
and/or Sunday for the purpose of raising money for their trip to Wash-
ington, D.C.
After considerable discussion, the consensus of the Commission
was to deny the request for a beach location, at the risk of setting a
precedent.
Mr. Andrews expressed a desire to initiate a kiosk program and
suggested the DDA take a look at this as a way to provide some possible
help for these organizations, in addition to enhancing Atlantic Avenue.
9.F. Request for Special Event Permit/Little Folks Day Care. The
Commission is to consider a request from Little Folks Day Care Center
for a special event permit to hold a bazaar on private property located
at the southwest corner of Lake Ida Road and Roosevelt Avenue on April
20 and 21, 1991.
Mr. Randolph moved for approval of the Special Event Permit,
seconded by Dr. Alperin. Upon roll call the Commission voted as fol-
lows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr.
Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0
vote.
PUBLIC HEARINGS
At this point, the time being 7:00 P.M., the Commission moved
to the duly advertised Public Hearings portion of the agenda.
10. Public Hearinqs. NONE.
11. Comments and Inquiries on Non-Aqenda Items from the Public.
11.1. Arthur Jackel, Chairman of the United Property Owners of Delray
Beach, stated he feels the Commission should take a very careful look at
the upcoming Union Contract negotiations with the Police, due to recent
events.
11.2. Virginia Snyder, private investigator, stated she is urging the
Commission to request that the Governor appoint a special prosecutor to
review the Don West case.
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11.3. Ray Smith, stated he is requesting that the Commission make
sure the City, as well as the residents, follow through with the proc-
lamation urging no further atrocities.
11.4. A resident stated he would like to see something happen regard-
ing continuing education in Carver School as opposed to turning it over
to private business.
11.5. Richard Machek, resident, stated he feels the Don West inci-
dent, at the request of the Commission, should be thoroughly investigat-
ed and that some safeguard be provided to prevent this from happening
again.
ll.A.1. The City Manager stated the investigation by Internal Affairs
regarding the West incident is ongoing and, when completed, it will go
through the chain of command, the Police Chief will make a recommenda-
tion and he will make a decision.
ll.A.2. The City Manager stated the need for a fire station to serve
the Del-Aire area has been assessed.
ll.A.3. The City Manager stated the Department of Transportation has
been contacted numerous times relative to the CSX Railroad crossing and,
when the funding approval is received from Tallahassee, work is expected
to begin within ninety days. It will probably be four to five months
before the problem is resolved.
FIRST READINGS
12.A. Ordinance No. 29-91. Ordinance No. 29-91, rezoning the Greater
Mount Olive Baptist Church property located on the southwest corner of
N.W. 4th Avenue and N.W. 1st Street from R-lA (Single Family Residen-
tial) Zoning District, in part, and GC (General Commercial) Zoning
District, in part, to CF (Community Facilities) Zoning District, is
before the Commission for consideration on First Reading. If passed,
Public Hearing will be held March 26th. Planning and Zoning Board
recommends approval (6-0 vote).
The City Manager presented Ordinance No. 29-91:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-lA (SINGLE FAMILY RESIDENTIAL)
DISTRICT, IN PART, AND GC (GENERAL COMMERCIAL) DIS-
TRICT, IN PART, IN CF (COMMUNITY FACILITIES) DISTRICT;
SAID LAND BEING A PORTION OF BLOCK 28, DELRAY BEACH,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1,
PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
AND LOCATED AT THE SOUTHWEST CORNER OF N.W. 4TH AVENUE
AND N.W. 1ST STREET; AND AMENDING "ZONING DISTRICT
MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
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The City Attorney read the caption of the ordinance.
Mr. Randolph moved for the adoption of Ordinance No. 29-91 on
First Reading, seconded by Mr. Andrews. Upon roll call the Commission
voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes;
Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0
vote.
12.B. Ordinance No. 31-91. Ordinance No. 31-91, amending the Land
Development Regulations to provide for the inclusion of the initial
approval period within the enacting ordinance for Large Scale Mixed Use
Development; and to provide for the extension of the approval date to
August 22, 1991, for the Marina Cay SAD (Special Activities District),
is before the Commission for consideration on First Reading. If passed,
Public Hearing will be held March 26th. Special Adjustment Advisory
Board recommends approval.
The City Manager presented Ordinance No. 31-91:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.4.25, "SPECIAL ACTIVITIES
DISTRICT (SAD)", OF THE LAND DEVELOPMENT REGULATIONS
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SUBSECTION 4.4.25(C), "REVIEW
AND APPROVAL PROCESS", TO PROVIDE IN PARAGRAPH
4.4.25(C)(3) FOR INCLUSION OF THE INITIAL APPROVAL
PERIOD WITHIN THE ENACTING ORDINANCE FOR LARGE SCALE
MIXED USE DEVELOPMENT; BY AMENDING SUBSECTION
4.4.25(I), "S.A.D.s", TO PROVIDE FOR EXTENSION OF THE
DATE ON WHICH APPROVAL FOR THE MARINA CAY SAD EXPIRES
TO AUGUST 22, 1992; PROVIDING A SAVING CLAUSE; PROVID-
ING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Upon question by Mayor Lynch, the City Manager stated the
Special Adjustment Advisory Board was created when the LDRs were adopted
to deal with oversights or errors in the LDRs on an expeditious basis.
Mr. Andrews moved for the adoption of Ordinance No. 31-91 on
First Reading, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes;
Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0
vote.
12.C. Ordinance No. 32-91. Ordinance No. 32-91, amending Ordinance
No. 51-89 to provide for an extension of the approval date to August 22,
1991, for the Marina Cay SAD (Special Activities District), is before
the Commission for consideration on First Reading. If passed, Public
Hearing will be held March 26th. Special Adjustment Advisory Board
recommends approval.
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The City Manager presented Ordinance No. 32-91:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 51-89,
TO PROVIDE FOR AN EXTENSION OF THE APPROVAL DATE FOR
THE MARINA CAY SAD TO AUGUST 22, 1992; PROVIDING A
SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING
AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Mr. Mouw moved for the adoption of Ordinance No. 32-91 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; Mr. Mouw - Yes. Said motion passed with a 5 to 0
vote.
12.D. Ordinance No. 34-91. Ordinance No. 34-91, amending the Code of
Ordinances to provide that the contractor may impose a late fee of 1.5%
on the unpaid balance on delinquent accounts receiving Type "E" mechani-
cal containers or commercial refuse container service as an alternate
method of collection, is before the Commission for consideration on
First Reading. If passed, Public Hearing will be held March 26th.
The City Manager presented Ordinance No. 34-91:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE
AND TRASH", SUBHEADING "RATES AND CHARGES", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 51.71, "METHOD OF BILLING
FOR CHARGES", TO PROVIDE THAT THE CONTRACTOR MAY
IMPOSE A LATE FEE OF 1.5 PERCENT ON THE UNPAID BALANCE
ON DELINQUENT ACCOUNTS RECEIVING TYPE E MECHANICAL
CONTAINERS AND COMMERCIAL REFUSE CONTAINER SERVICE AS
AN ALTERNATE METHOD OF COLLECTION; BY AMENDING SECTION
51.72, "DELINQUENT PAYMENTS; LIEN", TO PROVIDE THAT
DELINQUENT ACCOUNTS RECEIVING TYPE E MECHANICAL
CONTAINERS AND COMMERCIAL REFUSE CONTAINER SERVICE MAY
BE ASSESSED A LATE FEE OF 1.5 PERCENT AS AN ALTERNATE
METHOD OF COLLECTION; PROVIDING A SAVING CLAUSE;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN
EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Mr. Mouw objected to the 1.5 percent a month and with an agency
outside the City charging the citizens at such time as they may perceive
the payment is thirty days late. If there is a process in place that
has never been used, he does not agree to fixing it by replacing it with
another process.
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The City Attorney stated the problem is that there really is no
mechanism in place for the City to collect, so the City would be insti-
tuting legal action which the City does not want to impose on its
citizens.
Upon question by Mr. Randolph if the sanitization of the trash
containers has been stopped, the City Manager responded that it has not
and if any of those empty containers are giving off an offensive odor,
contact the City and Code Enforcement will take care of it.
Dr. Alperin moved for the adoption of Ordinance No. 34-91 on
First Reading, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch -
Yes; Mr. Mouw - No; Dr. Alperin - Yes. Said motion passed with a 4 to 1
vote.
12.E. Ordinance No. 33-91. Ordinance No. 33-91, amending the Land
Development Regulations by amending Appendix A by repealing the defini-
tion for "Nonconforming Use" and enacting definitions for the terms
Automobile Brokerage, Automobile Dealership, Full Service, Land Develop-
ment Application, Major Subdivision, Minor Subdivision, Nonconforming
Use and Substance Abuse. If passed, Public Hearing will be held March
26th.
The City Manager presented Ordinance No. 33-91:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING APPENDIX "A" OF THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, BY REPEALING THE DEFINI-
TION FOR "NONCONFORMING USE"; BY ENACTING DEFINITIONS
FOR THE TERMS "AUTOMOBILE BROKERAGE", "AUTOMOBILE
DEALERSHIP, FULL SERVICE", "LAND DEVELOPMENT APPLICA-
TION'', "MAJOR SUBDIVISION", "MINOR SUBDIVISION",
"NONCONFORMING USE", AND "SUBSTANCE ABUSE"; BY DELET-
ING REFERENCE TO THE TERM, "MINOR SUBDIVISION" IN THE
DEFINITION OF "SUBDIVISION"; PROVIDING A SAVING
CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING
AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Dr. Alperin moved for the adoption of Ordinance No. 33-91 on
First Reading, seconded by Mr. Andrews. Upon roll call the Commission
voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw -
Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5
to 0 vote.
12.F. Ordinance No. 30-91. Ordinance No. 30-91, amending the Land
Development Regulations by enacting new paragraphs to provide for
procedures the Historic Preservation Board shall follow prior to desig-
nating a site as being historic, including provisions for a public
hearing and for approval by the Commission, is before the Commission for
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consideration on First Reading. This material was inadvertently omitted
during the preparation of the LDR document. If passed, Public Hearing
will be held March 26th.
The City Manager presented Ordinance No. 30-91:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SUBSECTION 4.5.1.(C), "DESIGNATION
PROCEDURES", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY RENUMBERING EXISTING PARAGRAPH
4o5.1(C)(3)TO 4.5.1(C)(8), AND BY ENACTING NEW PARA-
GRAPHS 4.5.1(C)(3) THROUGH 4.5.1(C)(7) TO PROVIDE FOR
PROCEDURES THE HISTORIC PRESERVATION BOARD SHALL
FOLLOW PRIOR TO DESIGNATING A SITE AS BEING HISTORIC,
INCLUDING PROVISIONS FOR PUBLIC HEARING AND FOR
APPROVAL BY THE CITY COMMISSION; PROVIDING A SAVING
CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING
AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Dr. Alperin moved for the adoption of Ordinance No. 30-91 on
First Reading, seconded by Mr. Andrews. Upon roll call the Commission
voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes;
Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0
vote.
12.G. Ordinance No. 19-91. Ordinance No. 19-91, amending the Land
Development Regulations by deleting the term "signals" from subsection
4.6.9(D)(6)(d) and replacing it with "signs and markings", and providing
that all signs and markings relating to off-street parking shall comply
with M.U.T.C.D. design criteria, except that the City Engineer or his
designee may waive such compliance on a case-by-case basis, is before
the Commission for consideration on First Reading. If passed, Public
Hearing will be held March 26th.
The City Manager presented Ordinance No. 19-91:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", ARTICLE 4.6, "SUPPLEMENTAL DISTRICT
REGULATIONS", SECTION 4.6.9, "OFF-STREET PARKING
REGULATIONS", SUBSECTION 4.6.9(D), "DESIGN STANDARDS",
SUB-SUBSECTION 4.6.9(D)(6), "MARKING AND SIGNING", OF
THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
DELETING THE WORD "SIGNALS" FROM PARAGRAPH (d) AND
ADDING THE WORDS "SIGNS AND MARKINGS, AND PROVIDING
THAT ALL SIGNS AND MARKINGS SHALL COMPLY WITH
M.U.T.C.D. DESIGN CRITERIA EXCEPT THAT THE CITY
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ENGINEER, OR HIS DESIGNEE, MAY WAIVE SUCH COMPLIANCE
ON A CASE-BY-CASE BASIS; PROVIDING A SAVING CLAUSE;
PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE
DATE.
The City Attorney read the caption of the ordinance.
Mr. Randolph moved for the adoption of Ordinance No. 19-91 on
First Reading, seconded by Dr. Alperin. Upon roll call the Commission
voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Mouw - Yes;
Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0
vote.
Before roll call the following discussion was had:
Mr. Mouw stated he does not understand why the City Engineer
would be the person to approve the exceptions.
The City Attorney stated it is his understanding that the
primary purpose behind these standards is a safety issue and, hopefully,
the City Engineer will be able to review those; but he also has the
background to know when a particular sign is required and when an
exception will be appropriate, something the layboard would have a dif-
ficult time with, based on the Safety Standards.
Mayor Lynch suggested the ordinance be worded in such a way
that, if the City Engineer agrees with the plan, there will be no
problem; should he disagree, the plan would then go for site plan
review, with an appeal process. The City Attorney stated it could be
set up in that manner.
Mr. Mouw moved for the continuance of Ordinance No. 19-91,
seconded by Dr. Alperin. Upon roll call the Commission voted as fol-
lows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr.
Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0
vote.
At this time the Commission returned to the remainder of the
Regular Agenda.
9.G. Request for Special Event Permit/Body of Christ Fellowship
Church. The Commission is to consider a request from the Body of Christ
Fellowship Church for a special event permit to hold a gospel rally on
the vacant property adjacent to the Bi-Lo Market parking lot, at 946
West Atlantic Avenue from 3 P.M. to 5 P.M. on March 24, 1991.
Mr. Andrews stated he would like to see a minimum bond set up
in the event of minor damage.
Mr. Randolph moved for approval of the request, seconded by Dr.
Alperin. Upon roll call the Commission voted as follows: Dr. Alperin -
Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw
- Yes. Said motion passed with a 5 to 0 vote.
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9.H. Request for Funding/Project Mosaic. The Commission is to
consider a request for funding from Project Mosaic in support of their
efforts to address integration in communities and schools and its impact
on excellence in education. City Manager recommends denial.
Dr. Alperin moved for denial of the request for funding for
Project Mosaic, seconded by Mr. Mouw. Upon roll call the Co~u~ission
voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch -
Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to
0 vote.
Before roll call there was discussion relative to a workshop
sometime in April or May to discuss the projects the Commission will be
contributing to, prior to budget sessions.
9.I. Contract for Architectural Service/Fire Station No. 1. The
Commission is to consider providing direction regarding the request from
Currie Schneider to eliminate the "defend requirement" in the indemnifi-
cation clause of the contract and approve the contract for architectural
services for Fire Station No. 1.
The City Manager stated a fee of $195,000, plus reimbursables
of $9,850, has been reached.
Assistant City Attorney Ruby stated there is no fixed 18 month
provision in the contract; however, there is a schedule of 21 months in
the backup material which is felt to be more realistic.
The Commission concurred to go with the 21 months.
Discussion followed with regard to the contract.
Mr. Andrews stated he would like to see a tracking method on
this and other projects.
The City Attorney stated the indemnification provision is
different than the insurance provision and recommended that the word
"defend" be left in the contract. Mayor Lynch commented that he would
like to do some further investigating into this matter.
Mr. Mouw moved to approve the contract as presented with the
$195 thousand dollar number, plus the upside of $10,000 on expenses,
seconded by Dr. Alperin.
The City Attorney stated this is actually service authoriza-
tions 1, 2 and 3 that are being approved. These authorizations are
contingent upon further review and satisfaction of the architect
throughout the process.
Mr. Mouw amended his motion to reflect the authorizations, Dr.
Alperin amended his second. Upon roll call the Commission voted as
follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr.
Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0
vote.
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9.J. Waiver of Bid Requirements/Emerqency Purchase. The Commission
is to consider waiving a competitive bid process and authorize the
emergency purchase of a Sumo 75HP submersible well pump for the 20
Series Wellfield from Water Resources in the amount of $14,380 with
funding from Water Treatment Repair and Upkeep - Equipment (Account No.
441-5122-536-33.32). Account balance $96,835.38. City Manager recom-
mends approval.
Mr. Andrews left the Commission Chambers at this time.
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. Randolph - Yes. Said motion passed with a
4 to 0 vote.
9.K. Change Order No. 1/Elkins Construction. The Commission is to
consider approval of a Change Order reducing the contract price by
$24,571.27 for the Miller Park Water Storage Tank and Booster Station
project. City Manager recommends approval.
Dr. Alperin moved for approval of Change Order No. 1, seconded
by Mr. Randolph. Upon roll call the Commission voted as follows: Mr.
Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes.
Said motion passed with a 4 to 0 vote.
9.L. DELETED.
9.M. Gulfstream Boulevard Median Landscaping. The Commission is to
consider an agreement between the City and Boynton Beach to provide for
median improvements on Gulfstream Boulevard. The estimated cost of this
project is $33,000 with an additional cost for annual maintenance of
$8,000, for a total of $41,000 to be equally shared between the two
cities. Delray's share of $16,500 is available in the 1987 Utility Tax
- Parks Median Improvement (Account No. 333-4141-572-61.15). Account
balance $20,958.83. Delray's share of the annual maintenance cost of
$4,000 is available in Beautification Trust - Contract Maintenance
(Account No. 119-4144-572-33.49). Account balance $187,261. City
Manager recommends approval.
Mr. Andrews returned to the Commission Chambers at this time.
Mr. Andrews objected to the City horticulturist doing design
work and feels this should be done by a landscape architect. Upon
question by Mayor Lynch, the City Manager stated it would be necessary
to contract the design work if the Commission feels there is no one on
staff so qualified.
The City Manager stated Boynton Beach has approved Scheme 1
but, upon direction by the Commission, he would be in favor of having a
professional look at it and this can be handled by staff.
Mr. Randolph moved to postpone this item, seconded by Dr.
Alperin. Upon roll call the Commission voted as follows: Dr. Alperin -
-15- 3/13/91
Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw
- Yes. Said motion passed with a 5 to 0 vote.
9.N. Tri-Partite Aqreement and Memorandum of Understandinq - CRA
Interest Free Loan Proqram. The Commission is to consider approval of
an agreement and memorandum of understanding between the City, CRA and
the First Union Bank which creates the CRA's Interest Free Loan Program.
City Manager recommends approval.
Discussion followed with regard to interest computation that is
paid up front and whether or not this money is discounted back on an
annuity basis to today's value. Frank Spence, Director of the CRA,
stated he would have the financial advisor for the CRA review the
agreement.
The City Attorney stated the City's obligation under this
agreement and the memorandum is to basically administer the project.
The City Attorney's office will set up the escrow accounts through the
bank to ensure that the monies are disbursed to the contractor or
owners, as the case may be. They will follow through to make sure the
work is done and the City Attorney's office will be reimbursed at the
rate of $13.00 per hour for staff time from the CRA.
The City Attorney suggested the Commission postpone action on
this item for two weeks, at which time he will have more clarification
to those questions presented tonight.
Mr. Mouw moved to postpone this item for a two week period,
seconded by Mr. Andrews. Upon roll call the Commission voted as fol-
lows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr.
Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote.
9.0. Agreement Between the City and Palm Beach County School Board.
The Commission is to consider approval of an agreement between the City
and Palm Beach County School Board for lighting improvements at the
Atlantic High School ballfield and for joint use of Atlantic High School
and Miller Park.
The City Attorney stated a change has been negotiated with the
School Board regarding liability for injuries or damage at City-spon-
sored events.
Mr. Andrews moved for approval of the agreement, as amended,
seconded by Dr. Alperin. Upon roll call the Commission voted as fol-
lows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr.
Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0
vote.
9.P. Offer of Judqement. The Commission is to consider an offer of
judgement in the amount of $8,079.98 to settle pending litigation
against the City initiated by Emidio Papa. City Attorney recommends
denial.
-16- 3/13/91
Mr. Mouw moved for denial of the $8,079.98 settlement offer and
submittal of a counter offer of $2,500, seconded by Mr. Andrews. Upon
roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw
- Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said
motion passed with a 5 to 0 vote.
9.Q. Agreement Between the City and Morikami~ Inc. The Commission
is to consider approval of an agreement between the City and Morikami,
Inc., specifying the conditions for repayment of a loan.
Mr. Mouw moved for approval of the agreement, seconded by Mr.
Randolph. Upon roll call the Commission voted as follows: Mr. Mouw -
Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor
Lynch - Yes. Said motion passed with a 5 to 0 vote.
9.R. Ordinance No. 12-91. Ordinance No. 12-91, amending the Land
Development Regulations to provide for additional structures which are
allowed in setback areas; to provide for an extension of screened enclo-
sures, in zero lot line developments, into the interior side setback and
to provide for reduction of the front building setback when at least 50%
of the frontage of a lot is located on a cul-de-sac, is before the
Commission for consideration. Planning and Zoning Board recommends
approval (7-0 vote). Second and FINAL Reading and Public Hearing was
held on February 26, 1991.
The City Manager presented Ordinance No. 12-91:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", ARTICLE 4.3, "DISTRICT REGULATIONS,
GENERAL PROVISIONS", SECTION 4.3.4, "BASE DISTRICT
DEVELOPMENT STANDARDS", SUBSECTION 4.3.4(H), "SET-
BACKS", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY ENACTING SUB-SUBSECTION 4.3.4(H)(4),
"STRUCTURES ALLOWED IN SETBACKS" PARAGRAPHS (k), (1),
(m), (n), TO PROVIDE ADDITIONAL STRUCTURES WHICH ARE
ALLOWED IN SETBACK AREAS; BY AMENDING SUB-SUBSECTION
4.3.4(H)(5)M "SETBACKS FOR SCREEN PORCHES, SCREEN
ENCLOSURES, AND ACCESSORY STRUCTURES IN REAR YARDS",
BY DESIGNATING PARAGRAPH (e) AS PARAGRAPH (f) AND BY
ENACTING A NEW PARAGRAPH 4.3.4(H)(5)(e); TO PROVIDE
FOR AN EXTENSION OF SCREENED ENCLOSURES IN ZERO LOT
LINE DEVELOPMENTS INTO THE INTERIOR SIDE SETBACK; BY
ENACTING A NEW SUB-SUBSECTION 4.3.4(H)(7), "REDUCTION
ALONG CUL-DE-SACS", TO PROVIDE FOR REDUCTION OF THE
FRONT BUILDING SETBACK WHEN AT LEAST 50% OF THE
FRONTAGE OF A LOT IS LOCATED ON A CUL-DE-SAC; PROVID-
ING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE.
The City Attorney DID NOT read the caption of the ordinance.
-17- 3/13/91
The City Attorney advised this Ordinance was not adopted on
February 26, 1991, in order to allow the Chief Building Official to
offer comments. His comments, subsequently, will result in a caption
change and that will be taken care of in a future ordinance.
Mr. Andrews moved for the adoption of Ordinance No. 12-91,
seconded by Dr. Alperin. Upon roll call the Commission voted as fol-
lows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor
Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote.
9.S. National Pollutant Discharge Elimination System (NPDES) Indus-
trial Activities Permit Application. The Commission is to consider
providing direction regarding the method for filing our industrial
activities application.
Mayor Lynch left the Commission Chambers at this time and Vice-
Mayor Andrews took the Chair.
Mr. Randolph moved to authorize participation in the National
Pollutant Discharge Elimination System, seconded by Mr. Mouw. Upon roll
call the Commission voted as follows: Vice-Mayor Andrews - Yes; Mr.
Randolph - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed
with a 4 to 0 vote.
9.T. Change Order No. 1/ARZ Builders. The Commission is to consider
approval of Change Order No. 1, in the amount of $16,144 and extending
the completion date by 21 days, to the contract between the City and ARZ
Builder for the renovation of the Public Utilities Administrative
Building. Funding is available in Water and Sewer 1990 Construction
Note (Account No. 444-5168-536-60.31). Account balance $125,000.
Mayor Lynch returned to the Commission Chambers at this time
and took the Chair.
Mr. Mouw moved for approval of Change Order No. 1 to ARZ
Builders, seconded by Mr. Andrews. Upon roll call the Commission voted
as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - No;
Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 1
vote.
9.U. Change Order No. 1/Pioneer Contracting Inc. The Commission is
to consider approval of Change Order No. 1, in the amount of $10,676.52
and extending the completion date by 42 days, to the contract between
the City and Pioneer Contracting Inc., for the construction of Fire
Station No. 2. Funding is available in 1987 Utility Tax Fire Station
No. 2/Project Surplus (Account No. 333-2311-522-60.31). Account balance
$10,676 52.
Mr. Mouw moved for approval of Change Order No. 1 to Pioneer
Contracting Inc., in the amount of $10,676.52, seconded by Mr. Randolph.
Upon roll call the Commission voted as follows: Mr. Randolph - Yes;
Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes.
Said motion passed with a 4 to 1 vote.
-18- 3/13/91
8.B. Acceptance of Final Report. The Commission is to consider
acceptance of the final report of the Neighborhoods Task Force. City
Manager recommends approval.
Mr. Mouw requested clarification that, upon acceptance and
approval of the report, this means the Commission has endorsed every-
thing in the report and implementation will commence. The City Attorney
responded that it would. Mr. Mouw remarked, in that case, he has some
concerns.
The City Manager stated it is his understanding that the
Commission was to accept the report, but only approve having the Task
Team meet quarterly to approve the budget allocations recommended for
the three housing programs and authorize staff to work on these things.
Mr. Mouw moved to accept the Neighborhood Task Force report and
approve specifically the expenditure of money and the quarterly meet-
ings, seconded by Mr. Andrews. Upon roll call the Commission voted as
follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr.
Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0
vote.
8.C. Acceptance of Riqht-of-Wa¥ Deed. The Commission is to consider
accepting a warranty deed for additional right-of-way from the property
owner at 102 N. Swinton Avenue. City Manager recommends approval
Dr. Alperin questioned if right-of-way was previously taken
from this property along Swinton Avenue. Stan Weedon, Assistant Plan-
ning Director, stated, to his knowledge, it was not. Dr. Alperin, upon
learning this right-of-way was greater than that taken from the Sundy
House, stated he would like to see it reduced.
Upon question, the City Manager stated this is a standard that
was set up by the County; this is what they requested on the Sundy House
and it was reduced down to ten.
The City Attorney stated it is easy to Code down; however,
going back up requires them to give it back to the City. The question
would be, what mechanism is available in order to do that. He suggested
this be delayed, if it does not pose a problem for two weeks, so the
answer can be researched.
Dr. Alperin moved to delay the action on this item for a two
week period, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes;
Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0
vote.
8.F. Temporary Tent Permit/Linton Square. The Commission is to
consider approval of a request to erect a temporary tent at Linton
Square, located at the northeast corner of Congress Avenue and Linton
Boulevard, on March 14, 1991. City Manager recommends approval.
-19- 3/13/91
Dr. Alperin moved for approval, seconded by Mr. Andrews. Upon
roll call the Commission voted as follows: Dr. Alperin - Yes; Mr.
Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes.
Said motion passed with a 5 to 0 vote.
8.G. Temporary Tent Permit/Delray Mall. The Commission is to
consider approval of a request from the Delray Mall to erect a temporary
tent for Floral Acres on the out-parcel tract of their property located
at the northwest corner of Federal Highway and Linton Boulevard, from
March 13, 1991, through April 15, 1991. City Manager recommends approv-
al.
Mr. Andrews moved for approval, seconded by Dr. Alperin. Upon
roll call the Commission voted as follows: Mr. Andrews - Yes; Mr.
Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes.
Said motion passed with a 5 to 0 vote.
8.J. Rejection of Bid. The Commission is to consider rejecting all
bids submitted for the rehabilitation, refurbishment and overhaul of a
1971 eighty-five foot snorkel truck. City Manager recommends approval.
Upon question by Dr. Alperin, Kerry Koen, Fire Chief, stated he
has spoken with both those vendors who submitted bids and those that did
not. They were so far removed from what he felt the estimate should be
and he knew it was possible to get very close. The third bid received
(too late) was much closer to the estimate and accomplished the entire
project. Upon question by Mayor Lynch, Chief Koen stated a new snorkel
truck would cost in the neighborhood of $500,000.
Dr. Alperin moved for denial of the bids submitted, seconded by
Mr. Andrews. Upon roll call the Commission voted as follows: Mr.
Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes;
Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote.
8.N. Resolution No. 17-91. Resolution No. 17-91, supporting Palm
Beach County's efforts to obtain matching funds from the State for the
acquisition of an environmentally sensitive 22-acre tract of land known
as Delray Oaks, located at the northwest corner of S.W. 29th Street and
Congress Avenue, is before the Commission for consideration. City
Manager recommends approval.
The City Manager presented Resolution No. 17-91:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, IN SUPPORT OF PALM BEACH COUNTY'S EFFORTS
TO OBTAIN MATCHING FUNDS FROM THE STATE CONSERVATION AND
RECREATION LANDS (CARL) PROGRAM, DEPARTMENT OF NATURAL
RESOURCES, FOR THE ACQUISITION OF AN ENVIRONMENTALLY
SENSITIVE TWENTY-TWO (22) ACRE TRACT OF LAND KNOWN AS
DELRAY OAKS, LOCATED AT THE NORTHWEST CORNER OF CONGRESS
AVENUE AND S.W. 29TH STREET, IN THE CITY OF DELRAY BEACH,
FLORIDA.
(Copy of Resolution No. 17-91 is on file in the official
Resolution Book)
-20- 3/13/91
Mr. Andrews stated he has a concern regarding the environ-
mentally sensitive lands where taxpayer's dollars are being used before
there is an effort to establish a policy regarding Transfer of Develop-
ment Rights or any other type of initiative that could achieve the same
purpose through regulation of the Comprehensive Plan. Mr. Andrews
requested that a proposal be sent to the County Commissioners informing
them that the Commission will support their efforts but would recommend
they consider other alternatives.
The City Attorney suggested that the Commission not change this
particular resolution, but send a letter of transmittal to the County
Commission.
Mr. Andrews moved to adopt Resolution No. 17-91 and send a
letter of transmittal to the County Commission advising them of the
comments made tonight and that it will be pursued by City staff with the
County, seconded by Dr. Alperin. Upon roll call the Commission voted as
follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr.
Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0
vote.
8.P.5. Award of Bids and Contracts. The Commission is to consider
approval of a Rental Rehabilitation Bid at 201N.E. 1st Avenue to be
awarded to Gamzo, Inc., in the amount of $15,472. This is a matching
grant program with the City's share being $7,736 with funding from
Community Development Block Grant Housing Rehab (Account No.
118-1975-554-60.23). Federal Grant Funded program. Account balance
$30,251.90. City Manager recommends approval.
Mr. Andrews moved for approval, seconded by Dr. Alperin. Upon
roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin
- Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said
motion passed with a 5 to 0 vote.
13. Comments and Inquiries on Non-Aqenda Items.
13.A.1. Mr. Randolph stated, with the recent end of the war, he feels
the City should have a very big celebration on the Fourth of July. In
addition to the troops from Desert Storm, all those who participated in
Vietnam and other war veterans should also be honored.
Mayor Lynch suggested that the Chamber of Commerce take some
control and organize a parade. Mr. Andrews stated he would like to see
all the parks filled, with picnics everywhere, lots of flags and
ballgames and other activities possibly to be organized by the Parks and
Recreation Department.
13.Ao2. Mr. Andrews stated in the process of adopting ordinances
regarding finances, the impact on a condominium community does not
always arrive at the end of the fiscal year for the Association. He
questioned if the City ever gives out warnings when there is a new
program about to be established, in order that those associations may
have an opportunity to budget.
-21- 3/13/91
13.A.3. Mr. Andrews stated he noticed today that vehicles are being
counted at intersections. He hopes this is resolved soon.
13.A.4. Mr. Andrews expressed concern regarding relocation of families
who have low property values. He feels housing can be found for people,
perhaps with the City being part-owner for as long as those residents
choose to live in them. He does not want the City to create a hardship
for those families that must be relocated. The City Manager stated the
City has undertaken a lot of initiatives in the housing area and the
mistake was not involving Community Improvement up front. They are
involved now and he is confident they will be able to come up with a
satisfactory solution.
13.A.5. Mr. Andrews questioned the status of the street resurfacing
project. The City Manager stated it is well underway; however, there
are going to be delays due to utility work that must first be completed.
13.A.6. Dr. Alperin stated the "Delray Beach Desert Storm Support
Group" does not want to wait until Memorial Day or July 4th to celebrate
the homecoming of the troops and have chosen April 21st. A big celebra-
tion is planned at Miller Field with hot dogs and soda with the Vietnam
Veterans to be included.
13.A.7. Mr. Mouw requested a report from staff regarding the City's
trash pickup rules and regulations. People start setting trash out at
the curb two to three days in advance and he would like to know if there
is an ordinance to prevent this.
13.A.8o Mr. Mouw stated he would like a project-by-project cost review
started on all the Decade of Excellent Bond Issue items that have not
been kicked off to date. He feels the City may be in trouble in some
areas and they should be addressed now. The City Manager stated one
problem with this is the fact that there is approximately $2.5 million
dollars included for street improvements and drainage problems, which is
an unknown figure at this time. Mr. Mouw commented a 'best guess' is
better than nothing.
13.A.9. Mr. Mouw requested a study to be made by staff on various
cities in the State, and perhaps outside the State, that are comparable
to Delray Beach, on the length of term and compensation for City Commis-
sioners. Mr. Andrews also requested information regarding per diem for
other meetings attended by Commissioners, as opposed to across the board
salaries.
13.A.10. Mayor Lynch stated there will be a group of visitors arriving
the end of April from Miyazu, Japan, Delray's Sister City. Their
primary purpose is to reevaluate the "Sister" program and strengthen the
relationship with Delray Beach. He would like the Commission to meet
with these people and perhaps schedule a dinner.
13.A.11. Mayor Lynch questioned the status of the wellfields at
Morikami. The City Manger responded that he would review this and get
back to him.
-22- 3/13/91
13.A.12. Mr. Randolph advised that on March 19, 1991, at 10:15 A.M. in
the County Commission Chambers, the County Commissioners will be ad-
dressing the County-wide Planning Council seats. They are requesting
that all local officials be present, if possible.
13.B.1. The City Attorney stated, at the Department of Insurance
hearing he attended last Friday in Tallahassee, the terms of the Board
Members were discussed. They currently hold three-year terms and the
Department of Insurance would like the term shortened to two years. He
recommends the City of Delray follow this, with Commission approval,
which will require an ordinance change which will be placed on an
upcoming agenda.
13.B.2. The City Attorney stated there is a provision in the City's
Code of Ordinances relating to non-credit time for military duty. There
is a Federal Law provision that is contrary to that, so the City will be
amending the Ordinance to comply with the Federal Law. This will allow
those persons who serve time in the Military to buy back into the
pension system for the time they served.
13.C.1. The City Manager announced he received a report from Kathy
Daley today that he would like to pass on to the Commission. The Fire
Station Request is probably dead, the CRA Bill looks good, the Legisla-
ture wants to stop all committee meetings after next week; the following
week will be the budget and they will leave early to reconvene next fall
to raise taxes. Ms. Daley requested input and support from the Commis-
sion opposing the proposed "Turtle Bill", H.B. No. 1385, which basically
calls for no people, no cleaning or beach activity during the months of
turtle nesting. She further stated the DNR is split on the Bill.
Mayor Lynch declared the meeting adjourned at 10:00 P.M.
C-it~ Clerk '
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 March 13, 1991, which minutes were formally
approved and adopted by the City Commission on ~Q~/L~ ~ /99/ ·
;
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NOTE TO READER:
If the minutes that you have received are not completed as indicated
above, then this means that these are not the official minutes of City
Commission. They will become the official minutes only after they have
been reviewed and approved which may involve some amendments, additions,
or deletions to the minutes as set forth above.
-24- 3/13/91