06-11-91 JUNE 11,' 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 6:11 P.M., Tuesday, June 11, 1991.
1. Roll call showed:
Present - Commissioner Jay Alperin
Commissioner William Andrews
Commissioner David Randolph
Mayor Thomas E. Lynch
Absent - Commissioner Armand Mouw
Also present were - Acting City Manager Robert A. Barcinski
City Attorney Jeffrey S. Kurtz
2. The opening prayer was delivered by Reverend Robert Finch,
Cason United Methodist Church.
3. The Pledge of Allegiance to the flag of the United States of
America was given.
4. Dr. Alperin requested that Item 8.K. be removed from the
Consent Agenda; Mr. Andrews requested that Item 8.S. be removed from the
Consent Agenda and Mr. Randolph requested that Item 8.D. be moved from
the Consent Agenda. Mayor Lynch stated Item 8.D., 8.K. and 8.S. will be
placed at the beginning of the Regular Agenda as Items 9.A., 9.A.A. and
9.A.A.A., respectively. Dr. Alperin stated that Item 6.B. was added to
the Agenda as Addendum No. 1.
Dr. Alperin moved for approval of the Agenda, as amended,
seconded by Mr. Randolph. Upon. roll call the Commission voted as
follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes;
Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote.
5. Dr. Alperin stated a minor change should be made to Item No.
13.A.7., in the Regular Meeting minutes of May 28, 1991. It should read
"lift station odor problem"; it should read the new Executive Director
and it should read the SCRWTD Board Agenda, not the Commission's agenda.
Dr. Alperin moved for approval of the minutes of the Regular
Meeting of May 28, as amended, seconded by Mr. Randolph. Upon roll call
the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes;
Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0
vote..
Dr. Alperin moved for approval of. the Special Meeting minutes
of June 4, 1991, seconded by Mr. Randolph. Upon roll call the Commis-
sion voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor
Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote.
6.A. Mayor Lynch read and presented a proclamation proclaiming the
week of July 21 through July 27, 1991 as "National Baton Twirling Week".
6.B. Dr. Alperin read and presented a proclamation commending Paul
Ryan Constant on his academic achievement in the study of physiological
effects of nutrients and the contribution he is making to the community
regarding the codium algae that attacks the offshore reefs in Palm Beach
County.
7. Presentations. None.
CONSENT AGENDA
The' following items were considered by the Commission as the
Consent Agenda:
8.A. Authorization to Submi{ Grant Application. The Commission is
to consider authorizing staff to submit a grant application for funding
for fiscal year 1991/1992 in the amount of $100,000 from the Department
of Housing and Urban Development for the Community Development Block
Grant Rental Rehabilitation program. Approval is recommended.
8.B. Approval of City Surplus Equipment List. The Commission is to
consider approval of the list of surplus City-owned equipment to be sold
at an auction tentatively scheduled for Saturday, July 27, 1991.
Approval is recommended.
$.C. Sunrise Kiwanis Beach Festival and United States Lifesaving
Association Southeast Regional Lifeguard Tournament. The Commission is
to consider approval of a request from the Sunrise Kiwanis and the
U.S.L.A. to hold a joint beach festival/lifeguard tournament on the
Municipal Beach on Saturday, July 27, 1991. Approval is recommended.
8.D. Moved to Regular Agenda.
8.E. Authorization to Place Subdivision Sign in City Right-of-Way.
The Commission is to consider approval of a request from the Tropic
Palms Homeowners Association to place a subdivision sign in the City
right-of-way on the'west side of Lindell Boulevard at the intersection
of Curlew Road..Approval is recommended.
8.F. Authorization to Place Subdivision Sign in City Right-of-Way.
The Commission is to consider approval of a request from Sabal Pine East
to place a free-standing subdivision identification sign in the City
right-of-way on S.W. 22nd Avenue. Approval is recommended.
8.G. Approval of Agreed Order/Travers. The Commission is to consid-
er approval of an agreed order granting the defendants, Lester and
Muriel Travers, attorney fees in the amount of $1,600 and $950 for
appraisal services. Approval is recommended.
8.H. Approval of Easement Agreement. The COmmission is to consider
approval of an agreement between the City and Miguel Hernandez providing
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a utility easement for the installation .and maintenance of a 24-inch
water main. Approval is recommended.
8.I. Amendment to Agreement Between the City and Town of Gulfstream.
The Commission is to consider approval of recommendations from the
Gulfstream Town Manager to alter the language in the Emergency Dispatch
Agreement between the City and Town of Gulfstream to clarify the City's
responsibilities with regard to the dispatching of emergency services.
Approval is recommended.
8.J. Granting of Easement Deeds. The Commission is to consider
granting Florida Power and Light easement deeds which provide replace-'
ment easements in conjunction with the abandonment of a portion of Old
Atlantic Avenue (aka McNab Avenue). Approval is recommended.
8.K. Moved to the Regular Agenda.
8.L. Resolution No. 43-91. Resolution No. 43-91, assessing costs
for abatement action required to demolish an unsafe structure at 142'
S.W. llth Avenue, is before the Commission for consideration. Approval
is recommended.
The caption of Resolution No. 43-91 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 RESOLU-
TION, 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. 43-91 is on file in the official
Resolution Book)
8.M. Resolution No. 44-91. Resolution No. 44-91, assessing costs
for abatement action required to remove five junked or abandoned vehi-
cles located on properties within the City, is before the Commission for
consideration. Approval is recommended.
The caption of Resolution No. 44-91 is as follows:
A' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED
VEHICLES .WITHIN THE CITY OF DELRAY BEACH; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN
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EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS-
MENTS; 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 OF LIEN.
(Copy of Resolution No. 44-91 is on file in the official
Resolution Book)
8.N. Resolution No. 45-91. Resolution No. 45-91, assessing costs
for abatement action required to remove nuisances on 30 properties
located within the City, is before the Commission for consideration.
Approval is recommended.
The caption of Resolution No. 45-91 is as follows:
A RESOLUTION OF THE CITY COM]4ISSION 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. 45-91 is on file in the official
Resolution Book)
8.0. Resolution No. 48-91/Authorization to Apply for Grant Funding.
Resolution No. 48-91, authorizing staff to apply for grant funding for
fiscal year 1991/92, in the amount of $6,250, from the Florida Depart-
ment of Agriculture (America the Beautiful program), is before the
Commission for consideration. This is a 50/50 matching grant program.
Funding will be used to build shade, and mist houses, install fencing and
irrigation at the nursery and to print pamphlets explaining the impor-
tance of urban trees.
The caption of Resolution No. 48-91 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF
AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY.
(Copy of Resolution No. 48-91 is on file in the official
Resolution Book)
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8~P. Resolution No. 49-91/Authorization to Apply For Grant Funding.
Resolution. No. 49-91, authorizing staff to apply for $12,089 in funding
for fiscal year 1991/92 from the County Emergency Medical Service
Surcharge Award Program, is before the Commission for consideration.
Approval is recommended.
The caption of Resolution No. 49-91 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, REQUESTING A PRO-RATA SHARE OF THE COUNTY
EMERGENCY MEDICAL SERVICE SURCHARGE AWARD PROGRAM FUNDS.
(Copy of Resolution No. 49-91 is on file in the official
Resolution Book)
8.Q. Amendment to the Agreement Between the City and Yacht Club of
Delray Beach. The Commission is to consider approval of an amendment to
the agreement between the City and the Yacht Club of Delray Beach, Inc.,
which provides that the City will install a water distribution line
across the easterly property line along MacFarlane Drive for the purpose
of supplying fire protection to all properties abutting the new water
line. Approval is recommended.
8.R. Amendment of Interlocal Agreement Between the City and the
Northern Palm Beach County Water Control District. The Commission is to
consider approval of an amendment to the interlocal agreement between
the City and NPBCWCD which provides a guarantee of payment in the total
amount of $19,500 for the joint processing of the National Pollutant
Discharge Elimination System (NPDES) Municipal Permit. Funding is
available from the Stormwater Utility Account. Approval is recommended.
8.S. Moved to the Regular Agenda.
8.T. Award of Bids and Contracts. The Commission is to consider the
following award of Bids and Contracts:
1. Laboratory Services through September 30, 1991 -
Environmental Services - Paul R. McGinnes and Associates
Consulting Laboratories, Inc., in an amount not to exceed
$15,945 with funding from Water and. Sewer Laboratory
Testing (Account No. 441-5122-536-33.40). Account
balance $15,950.
2. Rental Rehabilitation - Various Contractors as
indicated below - with funding from Community Development
Rental Rehab (Account No. 118-1975-554-60.23). Account
balance $153,619.50.
A. 225-235 S.W. 12th Avenue (six units) - MJD
Construction - $46,423 (City's share $23,211.50)
B. 213-223 S.Wi 12th Avenue (six units) - MJD
Construction $44,999 (City's share $22,499.50)
C. 244 S.W. 5th Avenue - Abissett Corp. - $18,125
(City's share $8,500).
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3. Housing Rehabilitation - 116 S.W. 8th Avenue - Gamzo,
Inc., in the amount of $12,065.50 with funding from
Community'Development Block Grant Housing Rehab (Account
No. 118-1963-554-60.23). Account Balance $114,417.
Dr. Alperin moved for approval of the Consent Agenda, as
amended, seconded by Mr. Randolph. Upon roll call the Commission voted
as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes;
Mr. Andrews - Yes. Said motion passed with a 4 to 0 vote.
REGULAR AGENDA
9.A. (8.D.) Renewal of Financial Advisory Services Contract. The
Commission is to consider approval of a one-year renewal of contract,
dated May 11, 1991 to May 10, 1992, with Public Financial Management for
financial advisory services in conjunction with the second Decade of
Excellence Bond Issue. The fee for these services is $5,000, plus
out-of-pocket expenses. Approval is recommended.
Mr. Randolph stated he requested this item be pulled in the
hope that Joe Safford, Finance Director, would be present to clarify the
out-of-pocket expenses and questioned if the City has a cap on this.
The City Attorney advised there is no cap at this time but, the way it
is set up, both parts of the Decade of Excellence were lumped into one
fee.
Mr. Randolph moved for approval of the renewal, with the
stipulation that should out-of-pocket expenses exceed one-fifth of the
contract, it will be necessary for them to return to the Commission for
approval, seconded by Mr. Andrews. Upon roll call the Commission voted
as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes;
Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote.
9.A.A.(8.K.) Resolution No. 46-91. Resolution No. 46-91, abandoning
17.5 feet on both the north and south sides of the right-of-way of Old
Atlantic Avenue (aka McNab Avenue), is before the Commission for consid-
eration. The Planning and Zoning Board recommends approval subject to
the following conditions:
1. Provision. of adjacent property owners affidavits, or
separate petitions joining in with petition abandonment.
2. Provision of general utility easements for the overhead
powerlines at each affected property.
3. Provision of individual legal descriptions for each
right-of-way segment which is to be abandoned.
The caption of Resolution No. 46-91 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, VACATING AND ABANDONING THAT PART OF THE
RIGHT OF WAY FOR OLD ATLANTIC AVENUE (80 FOOT RIGHT-OF-
WAY) AKA MCNAB AVENUE, LYING EAST OF CONGRESS AVENUE AND
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SOUTH OF STATE ROAD 806 IN SECTION 18, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA.
(Copy of Resolution No. 46-91 is on file in the official
Resolution Book)
Dr. Alperin stated this is in reference to the Shell Station at
the intersectign of Atlantic and Congress Avenues where the County
obtained a portion of that property when Congress was widened. The City
is remedying the problem by giving some of the right-of-way on the road
behind it, which is reducing the right-of-way considerably. The County
was in jeopardy of a suit, exceeding one-half million dollars, due to
the property that was taken from the gas station, and he questioned if
the County is aware of the fact the City is willing to do this. Mr.
Kovacs, Planning Director, stated the County is aware of this; however,
neither does the City want to maintain that much right-of-waY for that
small street.
Dr. Alperin stated the developer of this prOperty has a plan
similar to the station on Military Trail and Atlantic Avenue. He
expressed the hope that the remainder of the Commission would concur in
giving direction to staff to ensure that this car wash is considerably
more efficient, thereby reducing the fresh water usage.
Dr. Alperin moved for the adoption of Resolution No. 46-91,
seconded by Mr. Andrews. Upon roll call the Commission voted as fol-
lows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor
Lynch - Yes. Said motion passed with a 4 to 0 vote.
9.A.A.A.(8.S.) Settlement of EEOC Claim in Exchange for Payment of
Attorney's Fees. The Commissio~· is to consider a settlement offer from
Marty Ritchason's attorney in the amount of $7,000 for payment of
attorney's fees.
Mr. Andrews moved to deny the settlement offer, seconded by Dr.
Alperin. Upon roll call the Commission voted as follows: Dr. Alperin -
Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said
motion passed with a 4 to 0. vote.
9.A.A.A.A.(9.A.) Review of Appealable Land Development Actions of
Various Boards. The Commission is to consider accepting actions and
decisions made by the Planning and Zoning Board, Site Plan Review and
Appearance Board and the Historic Preservation Board during.the period
of May 28 through June 10, 1991.
Dr. Alperin moved to receive and file the report, seconded by
Mr. Andrews. Upon roll call the Commission voted as follows: Mr.
Andrews - Yes; Mr. RandolPh - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes.
Said motion passed with a 4 to 0 vote.
9.B.1. Golf Course Master Plan/Design and Construction Management
A~reement. The Commission is to consider providing direction regarding
improvements at the Municipal Golf Course.
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Acting City Manager Barcinski stated that Brahm Dubin, Director
of the Delray Beach Municipal Golf Course, is present to highlight the
Master Plan/Design and Frank Meroney, representing Environment Design
Group, will present a slide presentation.
Mayor Lynch stated there was a consensus at the last workshop
for everything listed under Pro~ects in the backup material except for
Item 9. - Greens. Mr. Andrews stated he would like to see more of a
presentation on Item No. 8. - Hole #16 - Berm along Atlantic Avenue. He
further commented that he does not remember Item 10. - Refurbish tee
stantions, course restrooms and Item 11. - Contingency.
Discussion followed with regard to the above-mentioned items,
after which Mr. Dubin stated Mr. Meroney has a slide presentation
showing each individual hole.
Mr. Meroney gave a presentation explaining proposed changes for
each hole from 1 through 9, including berms, bunkers, landscaping and
cart paths.
At this point, the time being 7:00 P.M., the Commission moved
to the duly advertised Public Hearing portion of the agenda.
PUBLIC HEARINGS
10.A. Ordinance No. 43-91. Ordinance No. 43-91, amending the Land
Development Regulations by adding Paragraph (c) to provide for the
establishment of the grade as the mean elevation of the finished surface
of the ground adjacent to the exterior walls of the building for single
family detached dwelling units of less than three stories, is before the
Commission for consideration on Second and FINAL Reading. Prior to
consideration of passage of this ordinance on Second and FINAL Reading,
a public hearing has been scheduled to be held at this time.
The City Attorney stated a modification has been added in the
form of a term to the end of substantive change for the crown of the
street, indicating that the elevation will be measured from either the
unaltered dune or the crown of the street, whichever happens to be
higher.
The Acting City Manager presented Ordinance No. 43-91:
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 DEVELOPMENT
STANDARDS", SUB-SECTION 4.3.4(J), "HEIGHT" OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF .ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING PARA-
GRAPH 4.3.4(J) (2), "BASIS FOR MEASUREMENT", BY REEN-
TERING THE STARRED PARAGRAPHS TO (a) AND (b), AND
ADDING PARAGRAPH (C) TO PROVIDE FOR THE ESTABLISHMENT
OF THE GRADE AS THE MEAN ELEVATION OF THE FINISHED
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SURFACE OF THE GROUND ADJACENT TO THE EXTERIOR WALLS
OF THE BUILDING, FOR SINGLE FAMILY DETACHED DWELLING
UNITS, OF LESS THAN THREE STORIES; BY AMENDING SUB~
SECTION 2.3.4(K), "DEVELOPMENT STANDARDS MATRIX -
RESIDENTIAL ZONING DISTRICTS", TO PROVIDE FOR A
REFERENCE TO THE HEIGHT LIMITATION FOR SINGLE FAMILY
DETACHED DWELLING UNITS IN RESIDENTIAL ZONING DIS-
TRICTS; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 43-91 is on file in the official Ordi-
nance Book)
The City Attorney read the caption of the ordinance. A public
hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray
Beach, Florida. The public hearing was closed.
Mr. Randolph moved for the adoption of Ordinance No. 43-91 on
Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the
Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr.
Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0
vote.
11. Comments and Inquiries on Non-Agenda Items from the Public -
Immediately following Public Hearings.
ll.A.1. Acting City Manager Barcinski stated at the last meeting, Mrs.
Feldman expressed concern with the potential widening of Homewood
Boulevard. Some studies will be made in conjunction with the S.W. 10th
Street traffic study and Homewood Boulevard will be reviewed, as it
pertains to traffic counts in the widening of that road.
ll.A.2. Acting City Manager Barcinski stated Mrs. Feldman's other item
was in reference to the Clubhouse funding. A previous committee had a
study made by a local architect that resulted in an amount near
$750,000, which was for renovation to the existing facility. It was
estimated that it would be approximately, three or four years before
enough money would be accumulated to address the issue. Improvements
are currently being made to furniture and carpeting, along with some
minor repairs to make the clubhouse more attractive to the golfers.
ll.B.1. Alice Finst, 707 .Place Tavant, commented she sees nothing
happening regarding the beautification of Congress Avenue between
Atlantic Avenue and Lake Ida Road. She would like someone to take a
good look at this area:
!l.B.2. Ms. Finst questioned the status of the Truck Parking Ordinance.
ll.B.3. Ms. Finst commented that she .is concerned about the process
regarding items on the agenda where the public has no opportunity to
speak; especially the process where a workshop is not an open forum.
Mayor Lynch stated the workshops have been running very late and, in
order to expedite those meetings, the Commission has tried to keep them
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more streamlined. However, he will take a good look at it and discuss
it with the City Manager to see what his thoughts are. Ms. Finst
expressed interest in the Charter ~item, whereupon Mayor Lynch explained
this was not an agenda item, but an issue submitted as a Commission
comment and this is the first time it has appeared on an agenda.
ll.B.4. Arthur Jackel, resident, commented he would like to share some
thoughts from a recent trip. He and his wife attended a concert in
Missouri presented by their symphonic orchestra. It was a fine example
of harmony and democracy, much like that of the City of Delray Beach.
ll.B.5. Helen Coopersmith, resident, stated when comments are made by
the Commission at the end of the meetings, the majority of the public
and press is gone. She learned of the appointments for the Charter
Revision Committee on Saturday, but feels the public should be asked if
anyone is interested in serving on the committee for the Charter Revi-
sions.
ll.B.6. Jean Beer, Tropic Boulevard, stated in her neighborhood there
are houses that are "not quite" torn down; construction crews have
dismantled a portion and left the remainder. She feels the City should
have some mechanism to limit the length of time this type of situation
can be allowed in order to eliminate hazards for young children playing
in the area.
Mayor Lynch requested that the City Attorney and Acting City
Manager Barcinski review this to see if anything can be done legally.
FIRST READINGS
12.A. Ordinance NO. 44-91. Ordinance No. 44-91, rezoning the Holland
property located on Linton Boulevard adjacent to the South County Mental
Health Center and BocaRay Center from Planned Office Center (POC)
District to Community Facilities (CF) District, is before the Commission
for consideration on First Reading. If passed, Public Hearing will be
held June 25th.
The Acting City Manager presented Ordinance No. 44-91:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT
IN CF {COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING
THE SOUTH 50 FEET OF THE WEST 95 FEET OF THE NORTHEAST
ONE-QUARTER (NE 1/4) OF THE NORTHWEST ONE-QUARTER (NW
1/4) OF THE NORTHWEST ONE-QUARTER (N-W 1/4) OF SECTION
25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH
COUNTY, FLORIDA, AND LOCATED ON. THE SOUTH SIDE OF
LINTON BOULEVARD BETWEEN OLD GERMANTOWN ROAD AND
MILITARY TRAIL; 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.
Dr. Alperin moved for the adoption of Ordinance No. 44-9I on
First Reading, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews -
Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote.
At this time the Commission returned to the Regular Agenda.
9.B.1. Mr. Meroney continued with his presentation of the remaining
back nine holes of the golf course.
Mayor Lynch questioned if the budget would need to be changed
with regard to maintenance cost. Mr. Meroney responded that the square
footage of the fairways remains the same as before and the equipment is
available to care for the changes'in the drops, ridges and berms.
Richard Hinton, Pro at the Municipal Golf Course, stated he
sees changes on all 18 holes and some of them he views as a sacrilege.
He feels play will be speeded up considerably.
The Commission responded, individually, voicing their own
views, likes and dislikes.
The City Attorney advised the contract with the design firm
needs some amendments and clarifications, so it is anticipated that,
after approval of the contract, it will be coming back to the Commission
on another date. At that time, the firm could have reached some accom-
modation on the majority of the issues mentioned by the Commission.
Upon question by Mr. Dubin if the Commission would like the
greens taken care of now, the Commission concurred in not doing the
greens at this time.
Upon question, the Commission concurred to stay within the
$338,500 budget figure, making sure those parts that are affordable now
will be done in such a manner that the course will not suffer from
"tearups" due to heavy equipment at some later date.
The Commission concurred in the approval of Items No. 8, 10 and
11; Item No. 9 will be deleted.
The Commission also approved the following:
1. Landscape improvements at holes 2, 3 & 16 $37,000
* 2. Cart path improvements and resurfacing 40,000
3. Hole ~11 - Remove division between lakes -
interconnect 14,000
* 4. Bunker renovation - remove some bunkers, make
some smaller, reconfigure others, or 15,000
* 5. Additional landscaping variable
Mayor Lynch suggested that Items No. 2, 4 and 5 be discussed by
Mr. Dubin, Mr. Meroney and Mr. Hinton and return to the Commission with
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recommendations, keeping in mind the concerns of the golfers and the
City budget.
The Commission concurred with a 3 to 1 vote to allow Mr. Dubin,
Mr. Hinton, Mr. Arendt and Acting City Manager Barcinski to work to-
gether and come up with the proper solutions.
Mayor Lynch stated there will be a Special Meeting scheduled
for next Tuesday night before the workshop meeting for further discus-
sion.
9.B.2. Approve an Agreement Between the City and Environmental Design
Group. The Commission is to consider approval of an agreement between
the City and Environmental Design Group, in the amount of $30,000 for
design and construction management services for golf course improvement.
Funding is available in the Decade of Excellence Bond Issue (Account No.
225-4762-572-33.15).
The City Attorney stated the Commission needs to approve the
concept of the scope of services the Design Group plans to do and
approve the cost that has been negotiated.
Mr. Andrews moved to approve the Golf Course Contract, seconded
by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor
Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes.
Said motion passed with a 4 to 0 vote.
9.C. Authorization to Submit an Application for Geographic Area of
Exception. The Commission is to consider authorizing.staff to submit an
application to the Palm Beach Countywide Planning Council for a Geo-
graphic Area of Exception for the Central Business District. Approval
is recommended.
Mr. Andrews moved for approval to submit an application,
seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Dr. Alperin'- Yes; Mr. Andrews - Yes; Mr. Randolph - Yes;
Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote.
Mr. Kovacs'stated all other communities in the County that are
applying for this are trying to pressure the County Commission to extend
the deadline further. The City does not want to get caught up in the
central County turf wars. If that happens, the County will be pushing
to have the application for the City of Delray to go through first.
That will enable the City of Delray to get a variance from the Palm
Beach County Planning Council.
The Commission concurred to submit a letter to each of the
County Commissioners making it clear to them where the Delray Beach City
Commission stands.
9.D. Addendum to Tennis Professional Contract. The Commission is to
consider approval .of an addendum to the Tennis Professional contract
extending the original agreement an additional year (October 1, 1991 to
September 30, 1992). City Manager recommends approval.
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Acting City Manager Barcinski stated this is an addendum to the
existing contract extending the contract for an additional year to
September 30, 1992. It provides for renegotiation of a $75 monthly
rental fee, should relocation be necessary.
Upon question as to whether the Tennis Pro is an independent
contractor or a City employee, the City Attorney stated it depends on
the amount of control exercised over him by Joe Weldon, Director of
Parks and Recreation. He stated it is not entirely clear within his
contract to give a definite answer.
Mr. Randolph moved for approval of the addendum to the Tennis
Professional contract between the City and Ed Foster, extending the
contract termination date to September 30, 1992, seconded by Dr.
Alperin.
· The City Attorney stated that Items No. 3 and 4 in the contract
are to be eliminated because they are covered by Item No. 5.
Mr. Randolph amended his motion to reflect the change, Dr.
Alperin amended his second. Upon roll call the Commission voted as
follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes;
Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote.
9.E. Change Order No. 1/Emersency Wellfield Assessment~ Protection
and Remediation. The Commission ~s to consider approval of Change Order
No. 1 to the contract between the City and Poole and Kent which increas-
es the contract completion time by 39 days and is in the amount of
$14,141 to accommodate recommended changes suggested by CH2M Hill,
consulting engineers, for the Emergency Wellfield Assessment, Protection
and Remediation project. Funding is available in Water and Sewer
Wellfield Assessment, Protection (Account No. 441-5162-536-60.37).
Account balance $14,200. City Manager recommends approval.
Bill Greenwood, Director of Environmental Services, gave an
explanation of this project and answered questions from the Commission.
Dr. Alperin moved for approval of Change Order No. 1, seconded
by Mr. Randolph. UPon roll call the Commission voted as follows: Dr.
Alperin - Yes; Mr. Andrews - NO; Mr. Randolph - Yes; Mayor Lynch - Yes.
Said motion 'passed with a 3 to 1 vote.
Mayor Lynch left the Commission Chambers at this time and
Vice-Mayor Randolph took the Chair.
9.F. Change Order No. 2/Beach Renourishment En~ineerin~ Contract.
The Commission is to consider approval of a Change Order in the total
amount of $230,318 for continued pre-construction environmental monitor-
ing services ($76,618) and construction phase environmental monitoring
($151,700} of our beach renourishment project. Funding is available
from Beach Renourishment/Erosion Control (Account No. 332-4164-572-34.38
- Account balance $5,617,739) with reimbursement from the County, State,
and Federal Beach Renourishment grant programs. City Manager recommends
approval.
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Mr. Andrews moved for approval of Change Order No. 2, seconded
by Dr. Alperin. Upon roll call the Commission voted as follows: Mr.
Andrews - Yes; Vice-Mayor Randolph - Yes; Dr. Alperin - Yes. Said
motion passed with a 3 to 0 vote.
9.G. Authorization to Execute Water Service Agreements. The Commis-
sio~ is to consider authorizing the City Manager to execute standard
water service agreements in those instances where water service is to be
provided to an existing single family residence, an existing lot of
record wherein only a single family residence can be built, or for
existing land Currently on a well and under order from the County to
connect to the municipal water system. Authorization is recommended.
Mayor Lynch returned to the Commission Cha~nbers at this time.
Dr. Alperin moved to delegate authority to the City Manager to
execute the standard water service agreements, seconded by Mr. Andrews.
Upon roll call the Commission voted as follows: Mr. Randolph - Yes;
Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion
passed with a 4 to 0 vote.
9.H. Appropriation of Funds From the General Fund Reserves. The
Commission is to consider a request from the Director of Community
Improvement to appropriate and bring forward lapsed funds in the amount
of $8,700 located in the General Fund Reserves to offset departmental
expenditures. City Manager recommends approval.
Dr. Alperin moved for approval of the request, seconded by Mr.
Randolph. Upon roll call the Commission voted as follows: Mayor Lynch
- Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said
motion passed with a 4 to 0 vote.
9.I. Resolution No. 50-91/Appointment of Members to the Charter
Revision Committee. Resolution No. 50-91, establishing a Charter
Revision Committee, is before the Commission for consideration, as
follows:
1. A Resolution establishing a Charter Revision Committee to
determine and make recommendations to the Commission with
regard to the length and terms of service for elected offi-
cials.
The Acting City Manager presented Resolution No. 50-91:
.- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF' DELRAY
BEACH, FLORIDA, ESTABLISHING A CHARTER REVISION COMMITTEE
FOR THE SOLE PURPOSE OF REVIEWING THE CITY'S CHARTER WITH
RESPECT TO THE ISSUE OF LENGTH OF TERM AND NUMBER OF
TERMS TO BE PERMITTED FOR MAYOR/COMMISSIONERS AND FORMU-
LATING RECOMMENDATIONS TO THE CITY COMMISSION.
(Copy of Resolution No. 50-91 is on file in the official
Resolution Book)
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Mayor Lynch suggested that eleven persons be appointed in the
case of a split vote, with one of those persons being designated as the
Chairman. The Commission concurred.
Mayor Lynch stated, from a date standpoint, it appears there
will be no election this November; therefore, he recommended the date in
Section 4. and Section 5. be October 1, 1991. In Section 2., the number
of members will be changed to eleven (11). The Commission concurred.
Dr. Alperin moved for the adoption of Resolution No. 50-91, as
amended, seconded by Mr. Randolph. Upon roll call the Commission voted
as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes;
MaYOr Lynch - Yes. Said motion passed with a 4 to 0 vote.
2. Appoint ten members to the Charter Revision Committee.
Dr. Alperin submitted the-names of Dr. Arthur Jackel and
Leonard Syrop. He stated~ the first two names submitted by Commissioner
Mouw, received prior to the meeting, are Dale Morrison and Jon Levinson.
Mayor Lynch submitted the names of Kenneth Ellingsworth and Helen
Coopersmith. Mr. Randolph submitted the names of H. Ruth Pompey and
Carol Zimmerman. Mr. Andrews submitted the names of Vi Hinchliffe and
Lorraine Kasper. Mayor Lynch commented that he would like Ingrid Eckler
to be named Chairman.
Mr. Randolph moved for approval of the names submitted, with
the option that Mr. Mouw could change his two appointees, if he so
desired at the next regularly scheduled meeting, seconded by Dr.
Alperin. Upon roll call the Commission voted as follows: Dr. Alperin -
Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said
motion passed with a 4 to 0 vote.
9.J. Award of Bid - Tennis Center Lighting. The Commission is to
consider an award of bid for lighting (Alternate ~1) of the Municipal
Tennis courts to Basic Lighting Maintenance, d/b/a/ American Lighting
Maintenance, in the amount of $79,714 with funding from 1989 Note
Construction Fund Tennis Center Improvements/Other (Account No.
340-4145-572-60.69). Account balance $994,083.23. Amount b~dgeted for
this project is $56,000. City Manager recommends approval.
Upon. question, Mr. Weldon responded this did go through the
standard purchasing procedure, but there was a ~onsulting engineering
problem, due to specifications. There were two options; one, the basic
lighting package and two, Alternate ~1 that would limit the spill and
glare of the lights into the surrounding neighborhood. The low bid was
unacceptable because the information required by the specs was not
submitted. The next low bid was rejected, as it did not include the
shields that reduce the spill and glare. The consulting engineer
recommended that the bid be awarded to the next low bidder, Basic
Lighting Maintenance.
Since there seemed to be some reservations among the Commis-
sion, Mr. Weldon recommended the bid be withdrawn, the consulting
engineer be directed to review it again, present it to the City
-15- 6/11/91
Attorney's office for review to make sure the specifications are clear
and then rebid the job.
Mr. Randolph moved that Bid #91-54 for tennis court lighting be
withdrawn and have it ~ebid, seconded by Dr. Alperin. Upon roll call
the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes;
Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0
vote.
13. Comments and Inquiries on Non-Agenda Items.
13.A.1. Mr. Andrews questioned, with reference to changing the backflow
preventers for existing homes, if this might be made a condition of a
resale. The City Attorney stated the only problem is the City has no
way of monitoring resales.
13.A.2. Mr. Andrews questioned the status of the tr~ck ordinance.
Jerry Sanzone, Chief Building Official, stated it is back in Committee
for restudy at the direction of the Commission. The Committee was
directed to give a report to the Commission at the next regular meeting
scheduled for June 25th.
13.A.3. Mr. Andrews stated he has some concern regarding home foreclo-
sures and questioned if there is a time frame where this can be labeled
a nuisance, allowing the City to take over. Mr. Sanzone stated there is
nothing that can be done with a standing structure other than constitute
it as an unsafe structure. The only other way is to have it mitigated
as a hazard and require that a fence be constructed to surround it.
That process is currently underway. The City Attorney and staff agreed
to get together, scrutinize this and return to the Commission with some
options for consideration.
13.A.4. Mr. Randolph requested that someone be selected to take a look
at the weeds, etc. on Congress Avenue between Atlantic Avenue and Lake
Ida Road and have someone take charge of the maintenance.
13.A.5. Mr. Randolph questioned if most of the abandoned and junked
vehicles are placed in the City complex on $.W. 4th Street and for how
long are they held. The City Attorney stated he would check on the
amount of time and let. him know. Mr. Randolph commented that the
homeowners in the area should not have to put up with a junkyard look.
Acting City Manager Barcinski stated the City is now looking at the
utilities group moving out of the Lake Ida facility and the vehicles may
be moved to that fenced£in compound.
13.A.6. Dr. Alperin stated he attended the first two meetings of the
Carver Task Force and feels that some member with influence should be
reminded that this is 'not a School Board Task Force, but a City Task
Force. The City Attorney stated he has spoken to Lula Butler, Director
of Community Improvement, with respect to 'this as he, too, feels the
School Board is going in one specific direction and deleting a lot of
options. If they are not amenable to anything but a social services
education concept, the City should be told upfront and not waste any
-16- 6/11/91
more time. He plans to place this on the agenda for the next Task Force
Meeting.
13.A.7. Dr. Alperin expressed the hope that the concerns of the odor
problem of the lift station are scheduled on an upcoming agenda. Mayor
Lynch requested that the Acting City Manager send a letter or memo to
see that this is taken care of.
13.A.8. Dr. Alperin stated one major eyesore on Homewood Boulevard
happens to be on City property, next to the second hole on the third tee
of the golf course. The City Attorney advised there is a title question
concerning this and it will. be coming before the Commission on an
upcoming agenda.
13.A.9. Dr. Alperin stated he feels there is no way everyone can be
pleased with the placement of Commission comments on the agenda. The
more popular items on the agenda have been moved up to an earlier time
and the press seems to do a thorough job of informing .the public the
following morning.
13.A.10. Mayor Lynch stated he has been contacted with questions regard-
ing the EMS fees and this will be evaluated again during the budget
process; however he would like everyone to know that Delray Beach is not
alone in this procedure.
13.A.11. Mayor Lynch stated he received a letter from the Chamber of
Commerce regarding problems with the ordinance on pawn brokers and
second-hand dealers. The City Attorney advised that Assistant City
Attorney Ruby is working on this.
13.A.12. Mayor Lynch stated several months ago there was a dispute
between property owners on Del Harbour Drive. A condominium had some
boat slips and a lady who owned a lot next door wanted to divide it.
The Commission directed him to intervene, which he did. It was his
understanding that the condominium people were being quite unfair.
Roger Saberson, attorney, was representing the owner of the land and
there were two persons representing the condominium board. A compromise
was finally reached and an agreement was drawn up by Mr. Saberson. When
a copy was received by the persons involved, he (Mayor Lynch) received a
letter from Tom Purdo, their representative, advising him that his
clients did not agree with the agreement. It appears this is going to
be brought back before the Com$~ission again and he wanted them to know
the background.
13.A.13. Mr.. Andrews stated he has reviewed the status of the alley
improvement work and finds the time frame for completion of this work to
be.incredible.
13.A.14. Mr. Andrews questioned if anything can be done about the length
of time proposed for construction of the N.E. 8th Street Bridge. He
feels someone should call the County Commission or the bridge department
of the FDOT and request that it be put down, in order for the public to
use it over the Fourth of July.
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I3.B.1. The City Attorney stated there are changes that need to be made
in the'Community Facilities (CF) zoning category in order to accommodate
certain commercial uses, with respect to boats in Veterans Park, etc.
If the conditional use application is to be considered on July 23rd, it
will be necessary for the Commission to consider, simultaneously, a
zoning change. This can be scheduled for the agenda of June 25th on
First Readinq. Second and FINAL Reading will then be scheduled, along
wi~h the conditional use request for July 23rd.
Mayor Lynch declared the meeting adjourned at 9:20 P.M.
/- Ci-ty ~i let k I
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 June 11, 1991, which minutes were formally
approved and adopted by the City Commission on Qt~,.~.~ /9~/ ·
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 approve4 which may involve some amendments, additions,
or deletions to the minutes as set forth above.
6/11/91