08-13-91 AUGUST 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 6:00 P.M., Tuesday, August 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 Ralph Nygard,
Pastor of the Barwick Road Baptist Church.
3. The Pledge of Allegiance to the flag of the United States of
America was given.
4. Mayor Lynch requested that Item No. 9.I. be moved to the
beginning of the Regular Agenda making it No. 9.A.A.
Mr. Randolph moved for agenda approval, as amended, 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.
5. Dr. Alperin moved for approval of the minutes of the Regular
Meeting of July 23, 1991, seconded by Mr. Mouw. 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.
Dr. Alperin moved for approval of the minutes of the Special
Meeting of July 30, 1991, seconded by Mr. Andrews. 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.
6. Proclamations.
6.A. Mr. Andrews read and presented a proclamation proclaiming the
week of August 4 - 10, 1991, as "Clown Week". Mr. Vincent, complete
with costume, came forward to accept the proclamation.
6.B. Mr. Randolph read and presented a proclamation proclaiming the
month of September, 1991, as "Sickle Cell Month". Ms. Shirlynn Brown
came forward to accept the proclamation.
7. Presentations. None.
CONSENT AGENDA
The following items were considered by the Commission as the
Consent Agenda:
8.A. Contract Language/Indemnification Clause. The Commission is to
Consider approval of standard condition language which is to be included
in all contracts for construction and general consulting services.
Approval is recommended.
8.B. Acceptance of Final Statement/Community Development Block
Grant. The Commission is to consider acceptance of the Final Statement
of Objectives and Projected Use of Funds for Fiscal Year 1991/92 for
Community Development Block Grant funding and authorize staff to forward
this proposal to the Department of Housing and Urban Development for
funding consideration. Approval is recommended.
8.C. AUthorization to Submit a Grant Application. The Commission is
to consider authorizing staff to submit a grant application to the Solid
Waste Authority for grant funding in the amount of $57,913 to expand
recycling and related educational programs. Approval is recommended.
8.D. Increase in Health and Dental Insurance Premiums. The Commis-
sion is to consider approval of an increase in the health and dental
insurance premiums for employees and their dependents to become effec-
tive October 1, 1991. Approval is recommended.
8.E. Ratification of South Central Re.gional Wastewater Treatment and
.Disposal Board Oper.ating Budget. The Commission is to consider ratifi-
cation of the SCRWTD Board operating budget for fiscal year 1991-1992 in
the amount of $3,210,000. Ratification is recommended.
8.F. Ratification of South Central.. Regional Wastewater Treatment and
Disposal Board CaPlta~ Budget. The Commission is to consider ratifica-
tion of the SCRWTD Board action approving Capital Expenditures for
fiscal year 1991-1992 in the amount of $39,862. Expenditures are to be
assessed 50% to Boynton Beach and 50% to Delray Beach. Ratification is
recommended.
8.G. Approval of Contract and Service Authorization No. 1/O'Brien,
Suiter and O'Brien. The Commission ,is to consider approval of the
contract between the City and O'Brien, Suiter and O'Brien for surveying
services and approval of Service Authorization No. 1 in the amount of
$4,000 for surveying services in conjunction with the Road Reconstruc-
tion Program - Part A (Tropic Isle). Funding is available in the Decade
of Excellence Bond Issue/Street Reconstruction (Account No.
225-3162-544-61.17). Approval is recommended.
8.H. Approval of Contract and Service Authorization No. 1/Profes-
sional Engineering Consultants, Inc. The Commission is to consider
approval of the contract between the City and Professional Engineering
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Consultants, Inc., for sanitary engineering services and approval of
Service Authorization No. 1 in the amount of $6,117 for consulting
services to evaluate alternatives to the upgrades/improvements proposed
for the Master Pump Station at Veteran's Park. Funding is available in
the 1991 Water and Sewer Revenue Bond (Account No. 447-5166-536-33.11).
Approval is recommended.
8.I. Request for Final Payment. The Commission is to consider
approval of the reques~ from Data Flow Systems, Inc., for final payment
in the amount of $10,256 for completion of the Radio Telemetry Project
with funding from 1984 Water and Sewer Revenue Bond/Lift Station Teleme-
try (Account No. 441-5162-536-60.36). Account balance $10,256. Approv-
al is recommended.
8.J. Request for Final Payment. The Commission is to consider
approval of a request from Post, Buckley, Schuh and Jernigan, Inc., for
final payment in the amount of $9,997.12 for laboratory services in
conjunction with the Water Treatment Plant Expansion Project with
funding from 1984 Water and Sewer Revenue Bond/Water Treatment Plant
Expansion (Account No. 441-5162-536-60.76/Account balance $9,997.12).
Approval is recommended.
8.K. Emergency Repair/Manhole. The Commission is to consider
approval of the emergency repair of a sinking manhole at 815 Foxpoint
Circle in the Hamlet and approval of an award of contract to D.S. Eakins
in the amount of $15,780, with funding from 1991 Water and Sewer Revenue
Bond/Repair and Replacement - Manholes (Account No. 447-5169-536-60.31).
Account balance $173,428. Approval is recommended.
8.L. Ratification of Rules for the Board of Construction Appeals.
The Commission is to consider ratification of the rules for the Board of
Construction Appeals. Ratification is recommended.
8.M. Authorization to Transf.~r Interest .E~rnings/Decade of Excel-
lence Bond Issue. The Commission is to consider authorizing the trans-
fer of $30,000 in interest earnings from the Decade of Excellence Bond
Issue to the Decade of Excellence Bond Fund/Golf Course Projects Account
Nos. 225-4762-572-60.69 ($10,000) and 225-4762-572-60.69 ($20,000).
Approval is recommended.
8.N. Authorization to Expend Funds/Law Enforcement Trust Fund. The
Commission is to consider authorizing staff to expend funding in the
amount of $9,225 from the Law Enforcement Trust Fund to purchase a
Computer Voice Stress Analyzer and to cover the cost of the attendant
training sessions. Approval is recommended.
8.O. Request to Erect Structure in City .Right-of-Way. The Commis-
sion is to consider a request from the owner of Bethesda Bargain Box to
erect an awning on the front of the building located at 12 North Federal
Highway over the City's right-of-way. Approval is recommended.
8.P. Request.. to. Modify Grant Agreement/Auburn Trace Joint Venture.
The Commission is to consider a request from Auburn Trace Joint Venture
to modify the grant agreement by amending the repayment schedule to
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allow payments to commence in 1995 and to allow the payment of three
equal payments on the Purchase Money mortgage payment as opposed to one
balloon payment. Approval is recommended.
8.Q. Change Order No. 1/Dees Contracting. The Commission is to
consider approval of Change Order No. 1 to the contract between the City
and Dees Contracting for the rehabilitation of the 1/2 Million Gallon
Water Storage Tank. This Change Order decreases the contract price by
$6,461 by implementing recommendations made by the Project Engineer.
Approval is recommended.
8.R. Resolution No. 62-91. Resolution No. 62-91, abandoning a
portion of right-of-way of N.W. 18th Avenue in conjunction with the
Congress Industrial Service Center development, is before the Commission
for consideration. Approval is recommended.
The caption of Resolution No. 62-91 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, VACATING AND ABANDONING 10 FEET OF RIGHT-
OF-WAY LYING WITHIN SECTION 18, TOWNSHIP 46 SOUTH, RANGE
43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID
PROPERTY BEING LOCATED BETWEEN LAKE IDA ROAD AND ATLANTIC
AVENUE ON THE EAST SIDE OF CONGRESS AVENUE, DELRAY BEACH,
FLORIDA.
(Copy of Resolution No. 62-91 is on file in the official
Resolution Book)
8.S. Final Plat Approval. The Commission is to consider approval of
the final plat for Congress Industrial Service Center located on the
east side of Congress Avenue between Atlantic Avenue and Lake Ida Road.
Approval is recommended.
8.T. Resolution No. 59-91. Resolution No. 59-91, vacating and
abandoning a 16-foot alleyway located on the north side of S.E. 10th
Street, between S.E. 5th and S.E. 6th Avenues in conjunction with the
Shoney's Restaurant development, is before the Commission for considera-
tion. Approval is recommended, subject to the following condition:
A. The abandonment resolution must be recorded
simultaneously with the plat of Ninth Street Plaza.
The caption of Resolution No. 59-91 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, VACATING AND ABANDONING A 16-FOOT ALLEY-
WAY LYING WITHIN BLOCK 7, RIO DEL REY, A SUBDIVISION AS
RECORDED IN PLAT BOOK 12, PAGE 84 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
(Copy of Resolution No. 59-91 is on file in the official
Resolution Book)
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8.U. Final Plat Approval. The Commission is to consider approval of
the final plat for the 9th Street Plaza (Shoney's Restaurant) located on
the north side of S.E. 10th Street, between S.E. 5th and S.E. 6th
Avenues. Approval is recommended.
8.V. Resolution No. 60-91. Resolution No. 60-91, assessing costs
for abatement action required to board up an unsafe structure at 607
S.W. 9th Street, is before the Commission for consideration. Approval
is recommended.
The caption of Resolution No. 60-91 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. 60-91 is on file in the official
Resolution Book)
8.W. Resolution No. 61-91. Resolution No. 61-91, assessing costs
for abatement action required to remove nuisances on 35 properties
throughout the City, is before the Commission for consideration.
Approval is recommended.
The caption of Resolution No. 61-91 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. 61-91 is on file in the official
Resolution Book)
8.X. Award of Bids and Contracts.
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1. Rehabilitation, Refurbishment and Overhaul 1978 1000 GPM
Pumper - Fire Department - Southern Coach, Inc., in the amount
of $19,140 with funding from Repair and Upkeep Automotive
(Account No. 001-2315-526-33.35). Account balance $29,267.
2. Janitorial Services - City Hall, City Attorney's Office,
Environmental Services Complex and Central Fire Station -
Various vendors, in the amount indicated below, with funding
from various departmental Janitorial Services (Account No.
XXX-XXXX-XXX-33.17):
City Hall - National Cleaning of Florida - $28,632.
City Attorney's Office - National Cleaning of Florida -
$4,260.
Environmental Services Complex - National Cleaning of
Florida - $8,716.
Fire Station - Jani-King - $5,546.
3. Water Main Extension/Pine Ridge Road - Church of the Palms
- Environmental Services - Metra Industries in the amount of
$98,823 with funding from 1991 Revenue Bond Construction/Water
Distribution Improvements (Account No. 447-5174-536-61.78).
Account balance $284,468.
4. Fleet Management Application Software - Fleet Management -
HTE, Inc., in the amount of $35,000 (plus travel and training
costs - $5,250) with funding from City Garage Capital Outlay
(Account No. 501-3311-591-60.89). Account balance $44,211.64.
5. Diesel and Unleaded Gasoline - Annual Contract - Various
vendors, in the amount indicated below, with funding from
various departmental Gas, Oil, and Lubricant account:
Unleaded gasoline (transport) - Coastal Fuels Marketing,
Inc. - $148,000.
Unleaded gasoline (tankwagon) - B.P. Oil Company -
$16,000.
Diesel Fuel - B.P. Oil Company - $6,000.
6. Hardscape, Sculpture and Landscape/Pineapple Grove -
Community Improvement - ARZ Builders, Inc., in the amount of
$94,153 with funding from Beautification Trust/Federal Highway
- Linton to North End (Account No. 333-4141-572-61.27).
Account balance $140,410.
7. Accounts Receivable Application Software - Finance Depart-
ment - HTE, Inc., in the amount of $10,000, plus travel and
training costs not to exceed $2,020 with funding from Fi-
nance/Application Software (Account No.
001-1811-513-60.86/Account balance $14,443), Finance/Travel
Expenses (Account No. 001-1811-513-34.57/Account balance
$1,000) and, Finance/Computer Training (Account No.
001-1511-513-33.57/Accoun~ balance $2,122).
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8. Bulkhead Replacement/Seawall and Marginal Docks - Veteran's
Park - B.K. Marine Construction in the amount of $220,630 with
funding from Decade of Excellence Bond Issue/Redevelopment
Veteran's Park (Account No. 225-4126-572-61.63/Account balance
$448,104) and General Construction Fund (334-4126-572-61.63/-
Account balance $100,000). FIND Grant will reimburse 50% of
the project cost.
9. 4th Avenue Sidewalk Construction - Environmental Services -
Five Star Construction Company in the amount of $94,369 with
funding from Decade of Excellence Bond Issue/Sidewalks S.W. 4th
Avenue/Atlantic - Linton (Account No. 225-3162-541-61.44).
Account balance $103,369.
10. Computer Equipment - Environmental Services - Microage in
the amount of $13,319.25 for hardware and T.W. Communications
in the amount of $492.40 for cables with funding from Computer
Software/Hardware (Account No. 442-5178-536-64.09). Account
balance $57,790.46.
Dr. Alperin moved for approval of the Consent Agenda, seconded
by Mr. Randolph. Upon roll call the Commission voted as follows: Mr.
Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes;
Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote.
REGULAR AGENDA
9.A.A. (9.I.) Consider Request to Allow Investment of Pension Funds in
Israeli Bonds. The Commission is to consider a request to allow the
Pension Board the option of investing pension funds in the State of
Israel Bonds. The City Manager recommends denial.
Mr. Mouw moved to deny the request, seconded by Mr. Randolph.
Upon roll call the Commission voted as follows: Mayor Lynch - No; Mr.
Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes.
Said motion passed with a 4 to 1 vote.
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 July 23
through August 12, 1991.
Dr. Alperin moved to receive and file the report, 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.
9.B. Request for Waivers/Final Plat Reconsideration/Rebecca's
Landing. The Commission is to consider approving waivers for the
placement of finger piers and dolphin piles on Lots 1 and 2, Rebecca's
Landing, and reconsider the final plat. The City Engineer and the
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Planning and Zoning Board recommend approval subject to certain condi-
tions.
Roger Saberson, representing the applicant, stated he and
Tom Purdo, who is representing Harbour Villas Condo Association, have
reached an agreement of Conditions of approval for the Final Plat for
Rebecca's Landing and he presented a copy to each Commissioner for
consideration, as follows:
Option C: The City Commission does hereby approve the replat as
submitted and currently approves modification to the
standards to accommodate the following:
A. The placement of a dolphin upon the common lot line
between new Lots 1 and 2.
B. The placement of a finger pier on Lot 2 in such a manner
as to be as close as 15 feet from the common property
line between new Lot 1 and 2.
C. The placement of a finger pier on Lot 1 in such a manner
as to be as close as 15 feet from the common property
line between new Lot 1 and 2.
In addition, the following conditions shall apply to said
approval:
1. The most westerly dolphin on new Lot 2 shall not be
closer than 40 feet from the westerly property line of new Lot
2, when and if installed. After the installation of this most
westerly dolphin no boats may be moored closer than 40 feet
from the westerly property line of new Lot 2. No finger pier
may be installed west of this westerly dolphin. Prior to
construction of the above westerly dolphin or finger pier
adjacent to new Lot 2, all boats docked parallel to the north
property line of new Lot 2 shall be docked with their bow
facing westerly, and at least 15 feet from the west property
line of new Lot 2.
2. Nothing needs to be done with regard to moving the
existing finger pier on new Lot 1, until such time as a permit
application is filed for a finger pier on new Lot 2.
3. That the existing finger pier adjacent to new Lot 1 may
be relocated in conformity with the above-referenced variances,
at any time, irrespective of whether or not any application has
been filed for a finger pier or dolphin pertaining to new Lot
2.
Mr. Saberson further stated this should be adopted along with
the note that Mr. Kovacs, Planning Director, added in his memo to the
City Manager. He expressed a desire to modify this for Clarification
regarding the placement or relocation of finger piers and dolphins
associated with Lot 1 or Lot 2 in order that they be in compliance with
the standards.
-8- 8/13/91
Mr. Mouw moved to approve the document titled, Conditions of
Approval, for the Final Plat for Rebecca's Landing, dated August 13,
1991, with the modifications indicated and add to this the approval of
Mr. Kovac's memo to the City Manager dated August 13, 1991, with the
authorization to permit he and Mr. Purdo to work with staff to produce
the language to indicate that for Lot 1, there is an oPtion to proceed
in accordance with the modified standards or in accordance with the
ordinance requirements, 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.
9.C. Appeal of Historic Preservation Board Decision. The Commission
is to consider an appeal of an Historic Preservation Board decision
denying a demolition permit for 36 Palm Square. The Planning and Zoning
Director recommends denial.
The City Manager stated the interior has been inspected indi-
cating that the structural deterioration was much more evident than it
appeared from the outside and the inspector felt it was beyond repair.
Mr. Mouw moved to grant the appeal of the Historic Preservation
Board decision regarding the garage located at 36 Palm Square, 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.
9.D. Appeal of Planning and Zoning Board Decision. The Commission
is to consider a request for an appeal of a Planning and Zoning Board
decision denying a preliminary plat request to subdivide Lots 1 and 2,
Block 1, Swinton Oaks, into six individual lots. Planning and Zoning
Director recommends denial.
Fred Griffin, 1050 South Federal Highway, requested that this
be referred back to the Planning and Zoning Board for further review in
an attempt to venture a project that will call for affordable housing
and be amenable to all persons concerned.
Mayor Lynch stated the Commission had previously expressed a
desire for single family, owner-occupied housing.
Mr. Randolph moved to table this request to allow further
discussion, 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.
9.E. Change Order No. 1/Ric-Man International, Inc. The Commission
is to consider approva~ of Change Order No. 1 to the City's contract
with Ric-man International, Inc., for $112,852 to construct water, sewer
and drainage lines along N.E. 1st Avenue, N. E. 1st Street and the
adjacent alleyways (Old School Square). Funding is available in 1991
Revenue Bond/Water Distribution Improvements (Account No.
447-5174-536-61.78/Balance $284,468), Water and Sewer Operating Capital
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(Account No. 441-5161-536-60.90/Balance $99,500) and Decade of Excel-
lence/Old School Square Historical Renovations (Account No.
225-3169-559-61.69/Balance $303,522). City Manager recommends approval.
Mr. Mouw moved for approval of Change Order No. 1 to Ric-Man
International, Inc., for the construction of N.E. 1st Avenue, to declare
an emergency and waive normal purchasing procedures, seconded by Mr.
Randolph. Upon roll call the Commission voted as follows: Mayor Lynch
- Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Ran-
dolph - Yes. Said motion passed with a 5 to 0 vote.
9.F. Service Authorization No. 5/Currie Schneider and Associates,
AIA, PA. The Commission is to consider approval of Service Authoriza-
tion No. 5 to the contract between the City and Currie Schneider and
Associates, in the amount of $20,900 for a Value Engineering Analysis
for the Fire Headquarters project. Funding is available in the Decade
of Excellence Bond Issue/Central Fire Station (Account No.
225-2311-522-61.56). City Manager recommends approval.
Mr. Andrews moved for approval of Service Authorization No. 5,
seconded by Dr. Alperin. Upon roll call the Commission voted as fol-
lows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Ran-
dolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote.
At this time the City Manager stated that the paving for the
parking area for Old School Square was discussed at the meeting last
night and quotations have been received. He recommended the agenda be
reconsidered and this item be added to the agenda in order that it can
be acted on.
Dr. Alperin moved to reconsider the agenda and add the contract
for paving the parking area for Old School Square as Item No. 9.L.,
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.
9.G. Cancellation of Bid Award and Award of Bid to Second Low
~esponsive Bidder. The Commission is to consider cancelling the con-
tract between the City and D & L Telecommunications for Phase I of the
Sanitary Sewer Rehabilitation project and award the contract to the
second low responsive bidder, Altair Maintenance, in the amount of
$123,613.04 with funding from the 1991 Water and Sewer Revenue Bond/-
Repair and Renewal Sanitary Sewers/Manholes (Account No.
447-5169-536-60.31/Account balance $300,000) and Water and Sewer Repair
and Replacement/Manhole Rehabilitation (Account No. 442-5178-536-61.84).
City Manager recommends approval.
Mr. Andrews requested that the new contract be reviewed to
learn if it is costing the City more money. The City Attorney advised
the new contract will not increase the City's costs; however, in order
to scientifically determine that, the projects should be bid simul-
taneously under both contract documents and that could be cumbersome.
-10- 8/13/91
Dr. Alperin moved to cancel the contract with D & L Telecommu-
nications and award the contract to Altair Maintenance Services, Inc.,
in the amount of $123,613.04, seconded by Mr. Mouw. 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.H. Beach Cleaning Contract. The Commission is to consider renew-
ing the current beach cleaning contract or bidding the project.
Mr. Randolph moved to authorize staff to negotiate the beach
cleaning services, seconded by Dr. Alperin. Upon roll call the Commis-
sion 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.
9.I. THIS ITEM WAS MOVED. See 9.A.A.
9.J. Appointment of Two Members to the Education Board. The Commis-
sion is to consider the appointment of two members to fill the vacancies
on the Education Board.
Mr. Andrews moved to appoint Kathryn Sloan as a member of the
Education Board, 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.
Mr. Mouw moved to reappoint Beth Mulholland as a member of the
Education Board, seconded by Mr. Randolph. Upon roll call the Commis-
sion 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.K. Authorization to Disp.la~. Special Event Banners. The Commission
is to consider approval of a request from the Haitian American Community
Center to display special event banners at four locations within the
City. City Manager recommends approval.
Lula Butler, Director of Community Improvement, stated the Code
of Ordinances permits banners only with a grand opening of stores.
Mr. Randolph moved to declare an emergency, waive the require-
ments and permit the Haitian American Community Center to present this
worthwhile activity and provide them with the privilege of placing two
banners at Pompey Park and that staff be permitted to work with them to
determine the most appropriate location, seconded by Mr. Mouw. Upon
roll call the Commission voted as follows: Dr. Alperin - No; Mr.
Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr.~ Mouw - Yes.
Said motion passed with a 3 to 2 vote.
9.L. Old School Square - Paving/Concrete/Paver Block Proposals for
N.E. 1st Avenue. The Commission is to consider two proposals for the
Old School Square paving project; ~one from Pavex, Inc., in the amount of
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$79,381.50 and the second from Stinson-Head, Inc., in the amount of
$81,702.50.
The City Manager stated staff is recommending that the Commis-
sion declare an emergency and award the bid to Pavex, Inc., the low
bidder, in order that the street paving can be completed before the end
of September.
Mr. Mouw moved to declare an emergency and approve an award of
contract to Pavex, Inc., 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.
FIRST READINGS
12.A. Ordinance No. 52-91. Ordinance No. 52-91, amending Chapter 52,
"Water", Section 52.83(A), "Backflow Prevention Devices; When Required;
Specifications", of the Code of Ordinances, correcting a reference to a
State rule, is before the Commission for consideration on First Reading,
If passed, Public Hearing will be held August 27th.
The City Manager presented Ordinance No. 52-91:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER",
SECTION 52.83(A), "BACKFLOW PREVENTION DEVICES; WHEN
REQUIRED; SPECIFICATIONS", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING A
REFERENCE TO A STATE RULE; PROVIDING A GENERAL RE-
PEALER CLAUSE, PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
The City Attorney read the caption of the ordinance. Mayor
Lynch opened the floor to public hearing. The public hearing was
closed.
Mr. Mouw moved for the adoption of Ordinance No. 52-91 on First
Reading, seconded by Dr. Alperin. 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.B. Ordinance No. 53-91. Ordinance No. 53-91, amending the Land
Development Regulations as to the appropriate appeal procedure from
decisions made by the Board of Adjustment and the Board of Construction
Appeals, is before the Commission for consideration on First Reading.
If passed, Public Hearing will be held August 27th.
The City Manager presented Ordinance No. 53-91:
-12- 8/13/91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINIS-
TRATIVE PROVISIONS", SUBSECTION 2.2.4, "THE BOARD OF
ADJUSTMENT", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA; BY ENACTING A NEW PARAGRAPH 2.2.4(D) (6), TO
PROVIDE THAT APPEALS FROM THE DECISION OF THE BOARD OF
ADJUSTMENT SHALL BE TO THE CIRCUIT COURT; AND BY
AMENDING SECTION 2.2.5, "THE BOARD OF CONSTRUCTION
APPEALS", BY ENACTING A NEW PARAGRAPH 2.2.5(D) (4), TO
PROVIDE THAT APPEALS FROM THE BOARD OF CONSTRUCTION
APPEALS SHALL BE TO THE CIRCUIT COURT; PROVIDING A
SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance. Mayor
Lynch opened the floor to public hearing. The public hearing was
closed.
Dr. Alperin moved for the adoption of Ordinance No. 53-91 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.C. Ordinance No. 55-91. Ordinance No. 55-91, amending the Land
Development Regulations to allow commercial parking lots as a Condition-
al use in the Automotive Commercial (AC) District, is before the Commis-
sion for consideration on First Reading. If passed, Public Hearing will
be held August 27th.
The City Manager presented Ordinance No. 55-91:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL
(AC) DISTRICT", SUBSECTION 4.4.10(D), "CONDITIONAL
USES AND STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY ADDING A NEW SUB-SUBSECTION
4.4.10(D) (8) TO PROVIDE FOR COMMERCIAL PARKING LOTS AS
A CONDITIONAL USE; PROVIDING A SAVING CLAUSE; PROVID-
ING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE
DATE.
The City Attorney read the caption of the ordinance. Mayor
Lynch opened the floor to public hearing.
Kathy Stokes, 1220 Southways, expressed concern regarding
compliance of the City with the State Statutes and feels the interpreta-
tion of the Statutes, for example, involving a substantial change in a
conditional use should come from the City Attorney as opposed to the
Director of Planning and Zoning.
-13- 8/13/91
The City Attorney stated it is the opinion of his office that
this does not qualify as a substantial change in the permitted uses
within that district. However, he is of the opinion that the ordinance
should be reinforced to become more in line with the Planning Director's
original recommendation that these parking lots should not remain as
independent uses, but be ancillary to an existing use, i.e., a rest-
aurant. In addition, he feels the ordinance should stipulate that a
commercial parking lot operation could not operate at the same time the
restaurant operation would be in use.
Stanley Milosky, resident, stated he feels additional parking
lots should not be allowed on or near the North Federal Highway flea
market, as this will expand the use.
The public hearing was closed.
Dr. Alperin moved to postpone this item until rewritten by the
City Attorney, 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.
PUBLIC HEARINGS
At this point, the time being 7:00 P.M., the Commission moved
to the duly advertised public hearing portion of the agenda.
10.A. Ordinance No. 49-91. Ordinance No. 49-91, amending the list of
conditional uses and structures allowed within the Community Facilities
(CF) Zoning District to provide for commercial activities and businesses
upon publicly owned lands as a conditional use, is before the Commission
on Second and FINAL Reading. City Manager and Planning and Zoning Board
recommend approval. Prior to consideration of passage of this ordinance
on Second and FINAL Reading, a public hearing has been scheduled to be
held at this time.
The City Manager presented Ordinance No. 49-91:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.4.21, "COMMUNITY FACILITIES
(CF) DISTRICT", SUBSECTION 4.4.21(D), "CONDITIONAL
USES AND STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY ADDING A NEW SUB-SUBSECTION
4.4.21(D) (3) TO PROVIDE FOR COMMERCIAL ACTIVITIES AND
BUSINESSES UPON PUBLICLY OWNED LANDS AS A CONDITIONAL
USE AND RENUMBERING SUB-SUBSECTIONS 4 . 4 . 21 (D) (3)
THROUGH 4.4.21(D) (12) AS 4.4.21(D) (4) THROUGH 4.4.21-
(D) (13) ; PROVIDING A SAVING CLAUSE; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE.
-14- 8/13/91
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.
Alice Finst, 707 Place Tavant, requested clarification as to
which is more restrictive, the conditional use or the land use designa-
tion.
The City Attorney stated there is Land Use and Zoning. Activi-
ties and uses within a particular zoning district must comply with the
land use designation. There are land use designations that allow recrea-
tional facilities that are zoned CF and there are land use designations
that are more liberal. It is his feeling that the conditional use
process is more difficult than the process currently being used.
Upon question by Mrs. Finst, Mayor Lynch stated he feels in
order to keep commercial uses out of the park facilities, a conditional
use would be the better way.
Helen Coopersmith, 1222 South Drive Way, stated she feels
allowing vendors to come into the City parks will result in encouraging
private enterprise in a public facility. Upon question, Mayor Lynch
stated it would be necessary for an applicant to come before the Commis-
sion for a conditional use if he planned to make a commercial venture;
it is not necessary to apply for a variance if the public plans to use
the park for private use.
Jerry Marshall, Woodlake, questioned how a fund-raising project
would be handled where a ticket is needed for admittance. The City
Attorney responded that all ordinances, when being enforced, must be
enforced within reason. In an instance of this nature, he would need to
know if the money was collected at the park or prior to entrance into
the park; and should these people ask the City for help, he feels the
City should help them accomplish their goal.
Kathy Stokes, 1220 Southways, presented a prepared statement
for the record (a copy of which is attached) regarding procedures to be
followed in the adoption of an ordinance that is initiated by a govern-
ing body which substantially changes permitted use categories in zoning
districts. It is her feeling that the City has adopted an LDR amendment
which is incompatible with the objectives and policies of the Compre-
hensive Plan.
Mary Lou Jamison, 515 N. Swinton Avenue, stated that, in her
travels to various parts of this country and Europe, most of the parks
have boats for rent, all of which are on Community Facility land. She
feels it is time the City got "with it".
The public hearing was closed.
The City Attorney suggested that if the Commission is inclined
to pass this ordinance tonight, he will continue to review whether or
not the notice was adequate. If it should be determined that it failed
-15- 8/13/91
to meet the Statute, the ordinance will be re-noticed for First Reading
on August 27th.
Mr..Randolph moved for the adoption of Ordinance No. 49-91 on
Second and FINAL Reading, seconded by Mr. Mouw. Upon roll call the
Commission voted as follows: Dr. Alperin - No; Mr. Andrews - Yes; Mr.
Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed
with a 4 to 1 vote.
10.A.1. Request for Conditional Use Approval. The Commission is to
consider a request for conditional use approval to operate a cruise boat
and ticket sales at Veteran's Park. Planning and Zoning Board recom-
mends approval.
The City Attorney recommended that the Commission postpone
action on this item until the ordinance is adopted and conditions are
established.
The City Attorney stated, with respect to Items A.2. and A.3.,
it is up to the Commission whether or not they want to postpone, dis-
cuss, or act on them. Mayor Lynch expressed a desire to act on these
items. The Commission concurred.
10.A.2. Alternate Action regarding Cruise Ship and Ticket Sales at
Veteran's Park. The Commission is to consider declaring the cruise ship
operation and ticket sales at Veteran's Park a "recreational function".
(Mayor Lynch stated that Items No. 10.A.2. and 10.A.3. will be con-
sidered together).
10.A.3. License A~reement/Isan Charters, Inc. (d/b/a Stillwater Cruis-
es). The Commission is to consider approval of a license agreement
between the City and Isan Charters, Inc. (d/b/a Stillwater Cruises) to
permit a cruise boat and ticket sales operation at Veteran's Park.
Prior to consideration of this action, a public hearing has been sched-
uled to be held at this time.
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.
Kathy Stokes read a prepared statement into the record with
regard to the Stillwater Cruise Ship Operation at Veterans Park, (a copy
of which is attached).
The public hearing was closed.
Upon question by Mr. Mouw, the City Attorney responded that the
recreational requirement is not from CF Zoning, but from the overlying
Land Use and, for all commercial activity to go forward, it must have a
recreational aspect. There are other areas in the City that are zoned
CF that may not have the same Land Use designation.
The City Attorney stated he concurs with the concerns expressed
by Ms. Stokes regarding Section 92.15 of the Code of Ordinances and
-16- 8/13/91
feels if the City is going to go forward with this project, the ordi-
nance should be amended, as it is rather specific.
Mr. Mouw moved to declare the Cruise Boat operation and the
ticket sales operating out of Veteran's Park to be a recreational
function in compliance with the Comprehensive Land Use Plan and to
direct the City Attorney's office to amend Section 92 to accommodate
this type of license agreement, 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 - No. Said motion
passed'with a 4 to 1 vote. (This vote was for Item No. 10.A.2.).
(10.A.3.)The City Attorney confirmed that the City warrants the boat
operation as an acceptable and approved use and that the license pre-
mises the entire park. He added, if the Commission would like a specif-
ic location delineated, that can be done. He also advised that the
vending machines should be eliminated. Discussion followed.
The Commission concurred to allow the consumption of drinks and
snacks in the park for a 30-minute period prior to boarding the cruise
boat and that full meal service shall be consumed only on board.
Mayor Lynch requested that staff designate areas for garbage,
parking, the ticket booth and any other miscellaneous items, in order
that the remainder of the park would not be impeded in any manner.
The City Attorney stated that Dane Mark, of Stillwater Cruises
would like to have an exclusive License Agreement. The City's position,
with respect to all license agreements, is that the City should maintain
the ability to make it non-exclusive. He stated that Mr. Mark suggested
that no vessel be allowed to obtain a permit more than four times a
year.
The Commission concurred to direct the City Attorney to redraft
the ordinance, paying close attention to those items designated by Kathy
Stokes and Dane Mark.
10.B. Ordinance No. 51-91. Ordinance No. 51-91, amending the Land
Development Regulations and the Code of Ordinances to provide a uniform
time, 90 days, by which a building must be connected to the City's
Sanitary Sewer System, is before the Commission for consideration on
Second and FINAL Reading. City Manager recommends approval. Prior to
consideration of passage of this ordinance on Second and FINAL Reading,
a public hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 51-91:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 6, "INFRA-
STRUCTURE AND PUBLIC PROPERTY", SECTION 6.1.11, "SEWER
SYSTEM", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AND
TITLE 5, "PUBLIC WORKS", CHAPTER 54, "SEWERS", SECTION
-17- 8/13/91
54.16, "CONNECTION WITH SANITARY SEWER UPON AVAILABIL-
ITY'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY ALLOWING FOR 90 DAYS TO CONNECT TO
THE SANITARY SEWER SYSTEM; PROVIDING A GENERAL REPEAL-
ER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
The City Attorney read the caption of the ordinance. A public
hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray
Beach, Florida. The public hearing was closed.
Dr. Alperin moved for the adoption of Ordinance No. 51-91 on
Second and FINAL Reading, 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.
10.C. Ordinance No. 54-91. Ordinance No. 54-91, amending the Land
Development Regulations by enacting a definition for the term "Flea
Market", by providing rules and regulations governing Flea Markets
within the City, and to provide for Flea Markets as a conditional use in
the Central Business District, is before the Commission for consider-
ation on First Reading and Public Hearing. Two Public Hearings are
required on this ordinance. If passed, the second Public Hearing will
be held on August 27th.
The City Manager presented Ordinance No. 54-91:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING APPENDIX A, "DEFINI-
TION'', SECTION 413.3, "SPECIAL REQUIREMENTS FOR
SPECIFIC USES", SECTION 4.4.9, "GENERAL COMMERCIAL
(GC) DISTRICT", SECTION 4.4.13, "CENTRAL BUSINESS
DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY ENACTING A DEFINITION FOR THE TERM "MAR-
KET'' AND BY PROVIDING RULES AND REGULATIONS GOVERNING
MARKETS WITHIN THE CITY OF DELRAY BEACH, FLORIDA, TO
PROVIDE FOR MARKETS AS A CONDITIONAL USE IN THE
GENERAL COMMERCIAL, PLANNED COMMERCIAL, AND CENTRAL
BUSINESS DISTRICTS; PROVIDING A SAVING CLAUSE; PROVID-
ING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE
DATE.
The City Attorney read the caption of the ordinance. A public
hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray
Beach, Florida.
Kathy Stokes read a prepared statement into the record (a copy
of which is attached) stating that a Public Hearing cannot be held at
this time due to a deficiency in the map included in the advertisement.
-18- 8/13/91
In addition, action may be taken on a permitted use change after the
Second Public Hearing only.
Helen Coopersmith stated she recalls the Commission previously
requesting staff to find some way to define mini malls, flea markets,
etc. She doesn't understand how this can be on the agenda for consid-
eration on First Public Hearing, before Planning and Zoning has their
formal review on August 19th. Mayor Lynch explained that this is only
First Reading. The Second and FINAL Reading and Public Hearing will be
held August 27th, following the Planning and Zoning meeting of August
19th.
Murray Kalish, resident, questioned what happens tonight if
this ordinance is disapproved. Mayor Lynch responded, if it is disap-
proved because of Ms. Stokes' reasons, it will be redefined at Public
Hearings; if it is turned down because the Commission feels they do not
want it, it becomes a dead issue.
David Klarer, Rainberry Bay, stated recently the Planning and
Zoning Board were considering an annexation of property across the
street from this site. The owners of the property expressed a desire to
retain the commercial zoning. The Planning and Zoning Board, citing a
problem based on undue traffic in an already congested intersection,
denied the zoning and zoned it as multiple residential. He feels this
flea market is going to create a bedlam of traffic and the Commission
should take heed from the action of the Planning and Zoning Board and
their recognition of an impending problem.
Jean Beer, resident, commented that when this was discussed at
the meeting last night, no one indicated they had previously voted on
this issue. She questioned if the Commission is aware that there is a
flea market currently doing business on Federal Highway and a small one
in the former Pantry Pride building and how it happened to be doing
business. Mayor Lynch responded that the ordinance has not yet been
adopted, so there is no reason they cannot be there.
The public hearing was closed.
Mr. Andrews expressed concern regarding traffic and feels that
any flea market located on a major thoroughfare, as defined by the
County Road System, should apply to the County-wide Planning Council for
a traffic study. They, in turn, would conduct that traffic study with
the cost being paid by the applicant. He also commented that he feels
an independent marketing survey should be made by an independent person.
The City Attorney suggested that it not be made applicable to
every project, as it will also apply to retail shopping malls that have
a restful area and excess of 10,000 square feet. He suggested that
before the Commission trigger a market study, a higher level should be
explored with Planning and Zoning, after which he will return to the
Commission, keeping in mind the concerns of Mr. Andrews and Ms. Stokes.
Dr. Alperin moved for the adoption of Ordinance No. 54-91 on
First Reading, seconded by Mr. Andrews. Upon roll call the Commission
-19- 8/13/91
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.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC
ll.A.1. The City Manager stated Elizabeth Matthews had commented on two
items at the last meeting; one was regarding complaints received about
Atlantic Avenue east of the Intracoastal Waterway and the lack of
coordination on the projects affecting the streets. Construction of the
water line connection to the beach area causing an increase in traffic
tie-ups was compounded by the closing of the 8th Street bridge for major
repairs. However, it was felt that this should be completed in early
summer before the major hurricane season begins October 1st.
ll.A.2. The City Manager stated the second item that concerned Ms.
Matthews regarded the procedure used for a boil water order due to an
emergency. To the best of his knowledge, all the local radio stations
and the media were notified within a short time and carried the inform-
ation the day of the break; and, it was felt there were relatively few
people that did not avail themselves of this public service. However,
it was disturbing to learn later that the stations did not respond in
the manner that was hoped for. In the future, the high level people
will be contacted, in addition to the newsrooms, in order to get the
information to the public.
Mayor Lynch stated it was suggested to him that the Neighbor-
hood Presidents Council be used and, hopefully, that group would dissem-
inate information also.
ll.B.1. Judge .Irying B. Kendall, 2005 N.W. 18th Street, stated this
Commission has the power to be the first Legislative body in the State
of Florida to confront an ethical problem of "impropriety". On May 28,
1991, this Commission rejected a resolution after months of study and
research by the former City Attorney, Herbert W. A. Thiele. The effect
of the negative vote was to send a signal that Mr. Thiele's position was
null and void. A solution would be to request the current City Attorney
to return to the Commission with a shortened resolution, declaring that,
"it is the policy of the City that its public offices and employees
avoid, even the appearance, of impropriety".
ll.B.2. Sam Schwimer, Pines of Delray, stated the newspapers have been
printing that the CRA is giving serious thought to establishing the
"Jolly Trolly System" in the City. He would like to caution the Commis-
sion that it was tried some years ago and it was a flop. He is suggest-
ing, as it was at that time, that this not be a one-street ride, but to
use a route that would pick people up in well-populated areas and bring
them into the City.
ll.B.3. Leonard Syrop, 1322-A High Point Place, complimented the
automobile dealers on Dixie Highway for the beautiful landscaping and
the well-groomed appearance they have created, in spite of the fact that
they are across the street from the railroad tracks.
-20- 8/13/91
ll.B.4. Charlie Smith, 2110 Spanish Trail, agreed with Mr. Syrop and
feels the automobile dealers have done a service to the City. He also
concurred with Judge Kendall's conflict of interest proposal and feels-
the Commission should take it under consideration.
ll.B.5. Jean Beer, 945 Tropic Boulevard, stated she supports Judge
Kendall's resolution, also, and feels it sets a standard that everyone
should try to adhere to.
ll.B.6. Jean Beer questioned when South Federal Highway is going to
receive the beautification promised so long ago. The City Manager
stated he would have an answer at the next meeting.
ll.B.7. Elizabeth Matthews, 1024 White Drive, requested that the
Commission initiate a rezoning of the beach parks from CF to OS.
ll.B.8. Mary Lou Jamison, President, Del Ida Neighborhood Association,
thanked Joe Weldon and his crew for the additional planting they have
done to the cul-de-sac at Dixie Highway and Swinton Boulevard and also
for the great care taken to the parks in their neighborhood.
13.A. There were no Comments or Inquiries from the Commission.
13.B. There were no Comments or Inquiries from the City Attorney.
13.C. There were no Comments or Inquiries from the City Manager.
Mayor Lynch declared the meeting adjourned at 8:45 P.M.
ATTEST:
The undersigned is the City Clerk of the City of Delray Beach
and that the information provided herein is the minutes of the meeting
of said City Commission of August 13, 1991, which minu~es were formally
approved and adopted by the City Commission on ~l,,~mt~-- ~7~ /~/ .
/ /
- J Cit~ C~rk !
-21- 8/13/91
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.
-22- 8/13/91
Prepared statement by Kathy Stokes, resident of Delray Beach
and Co-chair of the Recreation and Open Space Task Team For
the Comprehensive Plan, presented on August 13, 1991, at a
hearing before the Delray Beach City Commission on proposed
Ordinance 49-9i which contains an amendment to the allowable
conditional uses in the CF Zone District.
Pursuant to Florida Statute 166.041(1)(c)2. '(photocopy at-
tached), the State requires certain procedures be followed
For adoption of an ordinance initiated by a governing body
or its designee which substantially changes permitted use
categories in zoning districts. In cases in which the pro-
posed ordinance deals with more'than 5 percent of the total
land area of the municipality, there are specific require-
ments for the governing body regarding public notice and
hearings.
If this proposed amendment is approved by the City Commis-
sion tonight, the governing body of Delray 8each will have
failed to follow two requirements of this statute. Further-
more, if passed, I believe the City has adopted an LDR
amendment which is incompatible with the objectives and pol-
icies of the Comprehensive Plan.
If I am not permitted to complete my presentation, I hereby
request that this prepared statement, a copy of which [ have
handed to the City Clerk and copies of which I have already
distributed to the City Commissioners on Monday, August 12,
1991, be made part of the minutes of this meeting.
Section 166.041(1)(c)2 of the Florida Statutes applies to
this proposed ordinance because the amendment substantially
changes the permitted use categories in the Community Facil-
ities (CF) Zone District by adding the conditional use of
commercial activities and businesses of a permanent nature
on publicly owned lands. It also applies because the pro-
posed ordinance deals with more than 5 percent of the total
land area of the municipality. /he CF Zone District in-
cludes all the recreational areas (except the 1.4 mi beach,
water bodies and the scrub property), all governmental fa-
cilities and public buildings, schools, hospitals and
churches in the City.
while it might be argued that the statute should be con-
strued narrowly to apply only to the area within the Zone
District that is effected by the proposed amendment, I be-
lieve this is an incorrect interpretation of the statute.
However, even based on this narrow reading of the statute,
this proposed ordinance is subject to the requirements of
the statute because the land involved still exceeds 5% of
the land area of the municipality. This 5~ test is met on
the narrow reading because the amendment proposes to add to
the CF Zone District the conditional use of commercial ac-
tivities and businesses of a permanent nature upon public1X
held land. Publicly held land in the CF Zone District -in-
cludes at least the following:
All parks (except the 1.4 mi. beach and water bodies)
Golf course
All public schools and grounds
Municipal parking lots
Fire/police stations
Municipal public buildings, maintenance areas and
vacant land owned by the City
Public utility facilities
Courthouse and the County facilities on Congress Ave.
Old School Square
Furthermore, in situations where a controversy may
arise over this or other statutes whose applicability is
based on land area coverage, the staff report provided by
the City's Planning and Zoning Department should clearly ad-
dress the issue rather than putting the burden of proof on
the citizenry, the City Clerk's Office or the City Attorney.
Since Section t66.041(l)(0)2 of the Florida Statutes
clearly applies in this case, the City Commission must hold
two properly noticed hearings regarding this proposed amend-
ment change. The hearing held on July 23, 1991, was not
properly noticed pursuant to this statute, and, as further
requried by the statute, the City Attorney failed to an-
nounce at that 'hearing the date, time and place of the sec-
ond hearing. Consequently, if properly noticed, the hear-
ing tonight would only represent the first of the two
hearings required, and the City Commission may not vote to
approve the proposed amendment tonight.
While the notice for tonight's hearing represents a
significant improvement over that for the Suly 23rd meeting,
it is still a case of "The Good, the Bad, and the Unfortu-
nate" (with apologies to Clint Eastwood). "The Good' is the
notice for tonight's hearing meets the quarter-page size re-
quirements contained in the statute. "The Bad" is that the
geographic location map supplied by the Planning & Zoning
Director for use in the advertisement does not meet the
statutory requirements that the map clearly indicates the
area covered by the proposed change. The statute requires a
detailed map because the alternative in lieu of advertising
is to mail notices to each person owning .real property with-
in the area covered by the ordinance (Section
16&.041(1)(c)2.c.) The City's notice for this hearing has a
map that contains only the municipality's boundaries (see
attached photocopy). In contrast, let me show you a notice
for a permitted use change published by the City of Boynton
Beach that meets the statutory requirement because the map
clearly.indi, cates the area covered by the proposed ordinance
by highlighting the effected zone district (see attached
photocopy).
"The Unfortunate" is that the notice lot'.tonight's
hearing is deficient, and as a result, the City. needs to
start over again.
In closing, I would like to remind you as I stated at
the hearing of July 23, 1991, that, as substantially affect-
ed person, I believe that this LDR amendment is incompatible
with the policy in the Recreation and Open Space Land Use
that "Il]and shown under this designation shall not be used
for any purpose other than recreation, open space, or con-
servation, and I have a right of petition to have an admin-
istrative review by the DCA. Even if the City starts over
again and complies with the notice and hearing process re-
quired by the statute, I still plan to file a petition with
the DCA once the City Commission has approved the amendment.
F.S. 1989 MUNICIPAUTIES Ch. 186
to the electors of said municipality a proposed amend- or amended by reference to its title only. Ordinances to
ment to its charter, which amendment may De to any revise or amend shall set out in full the revised or amend-
part or to all of said charter except that part clescribing ed act or section or subsection or paragraph of e section
the boundaries of such municipality. The governing or subsection.
iaody of the municipality shall place the proposed (3)(a) Except as provided in paragraph (c), a pro-
amenc~ment contained in the ordinance or petition to a posecl ordinance may be read by title, or in full, on at
vote of the electors at the next general election held least 2 separate days and shall, at least 10 days pdor to
within the municipality or at a special election called for adoption, I~e noticed once in a newspaper of general cir.
such purpose, culation in the municipality. The notice of proposed eh-
(2} Upon acloption of an amenctment to the charter actment shall state the date, time, and place of the
of a municipality Dy a majority of the electors voting in meeting; the title or titles of proposed ordinances; and
a referendum upon such amendment, the governing the place or places within the municipality where such
bocly of said municipality shall have the amendment in- proposed ordinances may be inspected by the public.
corporated into the charter and shall file the revised The notice shall also advise that interested parties may
charter with the Department of State, at which time the appear at the meeting and be heard with respect to the
revised charter shall take effect, proposed ordinance.
(3) A municipality may amend its charter pursuant to (b) The governing body of a municipality may, by a
this section notwithstancling any charter provisions to two-thircls vote, enact an emergency orclinance without
the contrary. This section shall be supplemental to the complying with the requirements of paragraph (a) of this
provisions of all other laws relating to the amendment of subsection. However, no emergency ordinance shall be
municipal charters and is not intended to diminish any enacted which enacts or amends a land use plan or
substantive or procedural power vested in any munici- which rezonea private reeJ property.
pality by present law. A municipality may, by ordinance (c) Ordinances initiated by the governing body or its
and without referendum, redefine its I:)oundarias to in- designee which rezone specific parcels of private real
clude only those lands previously annexed and shall file property or which substantially change I;wrmitted use
said redefinition with the Department of State pursuant categories in zoning districts shall be enacted pursuant
to the provisions of subsection (2). to the following procedure:
(4) There shall be no restrictions by the municipality 1. In cases in which the proposed rezoning or
on any employee's or employee group's political activity, change in permitted use involves less than 5 percent of
while not working, in any referendum changing employ- the total land area of the municipality, the governing
ee rights, body shall direct the clerk of the governing body to noti-
(5) A municipality may, by unanimous vote of the fy by mail each real property owner whose lancl the mu-
governing I~ocly, al~olish municipal departments provid- nicipality will rezone or whose land will be affected by
ecl for in the municipal charter and amend provisions or the change in permitted use by enactment of the oralS-
language out of the charter which has been judicially nance and whose address is known by reference to the
construed to be contrary to either the state or federal latest ad valorem tax records. The notice shall state the
constitution, substance of the proposed ordinance as it affects that
m,.,~...-,. ~, ~. ~-~ .. ~, ~ ~ property owner and shall set a time and place for or~
156.032 Eleetore.--Any person who is a resident of or more public hearings on such ordinance. Such notice
a municipality, who has qualified as an elector of this shall be given at least 30 days prior to the date set for
state, ancl who registers in the manner prescribed by the public hearing, and a copy of the notice shall be kept
general law and ordinance of the municipality shall be available for public inspection during the regular busi-
a qualified elector of the municipality, ness hours of the off:ce of the clerk of the governing
m.~..-.. ~, ~. ~-~a. body. The governing body Ih~ll hold a public hing on
the propoIed ordinance anti may. upon the conclusio~
155.041 Procedures tar ~doptle~ ~t erdlnances of the hearing, immediately adopt the ordinance.
etd rsloluflonl.-- 2.' In cases in which the proposed ordinm~=e deals
(1) As used in this section, the following words and with more then 5 percent of the total land area of the mu-
temps shall have the following meanings unless some nicipality, the governing body shall provide for public no.
other meaning is plainly indicated: rice and hearings as follows:
(a) 'Ordinance' means an official legislative action of a. The local governing body shall hold two edver-
a governing booty, which action is a regulation of a gan* riced public hearings on the proposed ordinance. Both
e~a and permanent nature and enforceai~ia as a local hearings shall be held after 5 p.m. on a weekday, and
~v. the first shall be held approximately 7 days after the day
(b) 'Resolution' means an expression of a governing that the first adverfisemont ia published. The second
txx~y concerning matters of administration, an expres- hearing shall be held approximately 2 weeks after the
s~n of s temporary character, or a provision for the die- first hearing ancl shall be advertised approximately 5
~0ation of a particular item of the aclministrative I~uei- days prior to the public hearing. The day, time, and
nas of the governing body. place at which the saconni public hearing w~ be hE~d
{2) Each ordinance or resolution shall be introduced shall be announcecl at the rlrlt public hearing.
fl v~iling ancl shall embrace but one subject and mat- b. The required aclvertisemente sh~ be no leal
X~$ I~Ol~X.ly connected therewith. The subject shall be than one-ClUarter page in a standard size or a tabloid
c~aty statecl in the title. No ordinance shall be revised size newspaper, ancl the headline in the a~'vertisernent
1007
Ch. 166 MUNICIPALITIES F.S. 1gl!
shall be in a type no smaller than 18 point. The advertise- (1) The govermng body of each municipality me/
merit shall not be placed in that portion of the newspa- designate ~ts agents or employees as code inspectas
per where legal notices and classified advertisements whose duty it is to assure code compliance. Any pem~n
abpear. The advertisement shall be published in a news. designated as a code ~nspector may ~ssue cItations la
paper of general paid circulation in the municIpality and wolatlons of municipal codes and ordinances, respec.
of general interest and readership m the community, not lively, or Subsequent amendments tl~ereto, when suc~
one of limited subject matter, pursuant to chapter 50. It code ~nspector t~as actual knowledge that a violate31
is the legislative intent that. whenever possible, the ad- has been committed.
verfisement appear in a newspaper that ~s published at (2} Prior to ~ssuing a citation, a code ~nspector shall
least 5 days a week unless the only newspaper in the prowde nubce to the violator that tl~e wolator ~as cpm-
community is published less than 5 days a week. The mitred a violation of a code or ordinance and shall estab-
advertisement shall be in the following form: lish a reasonable t~me period within which the violat0~
NOTICE OF ZONING (PERMITTED USE) CHANGE must correct the violation. Such time period shall be no
more than 30 days. It, upon personal investigation, a
The [name o~ ~oc,,, ~o,,.,,~.~ ,n,,t proposes to rezone code inspector finds that tt~e violator has not corrected
(change the permitted use of) the land w~thin the area the violation within the time period, the code insl:)ectc~
shown in the map in this advertisement, may issue a citation to the violator. A code inSl:)ect~
A public hearing on the rezoning will be held on [--~, does not have to provide the violator with a reasonal3e
· ,,~ t,me~ at [m,,,,,~,= ,~,~.~ . time period to correct the violation prior to ~ssuing a c3ta-
tion and may immediately issue a citation if the code in.
The advertisement shall also contain a geographic Ioca- spector has reason to believe that the violation preseal$
tion map which clearly indicates the area covered by the
a serious threat to the public health, safety, or welfare.
proposed ordinance. The map shall include major street or if the violation is irreparable or irreversible.
names as a means of identification of the area. (3) A citation issued by a code inspector shall state
c. In lieu of publishing the advertisement set out in the date and time of issuance; name and address of the
this paragraph, the municipality may mail a notice to person in violation; date of the violation; section of the
each person owning real property within the a~ea cov- codes or ordinances, or subsequent amendments thee.
ered by the ordinance. Such notice shall clearly explain to, violate<l; name of the code inspector; and date and
the proposed ordinance and shall notify the person of time when the violator shall appear in county couP1.
the time, place, and location of both public hearings on (4) Nothing in this section shall be construed to au-
the proposed ordinance, thorize any person designated as a code inspectoc
(4) A majority of the members of the governing body
shall constitute a quorum. An affirmative vote of a majori- perform any function or duties of a taw enforcement
ty of a quorum present is necessary to enact any ordi- car other than as specified in this section. A code in-
nance or adopt any resolution; except that two-thirdS of spector shall not make physical ~rrests or take any p~-
the membership of the board is required to enact an · son into custocly and shall be exempt from requiremeflt$
emergency ordinance. On final passage, the vote of relating to the Special Risk Claes of the Florida Re~e-
each member of the governing body voting shall be eh: merit System, bonding, and the Criminal Justice Stand-
tered on the official record of the meeting. All ordinances ards and Training Commission, as defined and provided
or resoluti~s passed by the governing body shall be- by general law.
come effective 10 days after passage or as otherwise (5) The provisions of this section shall not apl:)ty Io
provided thereJn, the enforcement pursuant to se. 553.79 and 553.80 cd
(5) Every o~'dinance or resolution shall, upon its final building coclee adoptecI pursuant to s. 553.73 a.t they
passage, be recorded in a book kept for that purpose apply to construction, provided that a building Perrmt is
and shall be signed by the presiding officer and the clerk either not required or has been ieeued by the municipili.
of the governing body. fy. For the purl:x)see of this subsection, 'building codes'
(6) The procedure as set forth herein shall constitute means only those codes adopted pursuant to s. 553.73.
a uniform method for the adoption and enactment of mu- (6) The provisions of this section may be used by
nicipal ordinances and resolutions and shall be taken as municipality in lieu of the provisions of part II of cllal3t~
cumulative to other methods now provided by law for 162.
adoption ancl enactment of municipal ordinances and (7) The provisions of this section are additional
resolutions. By future ordinance or charter amendment, supplemental means of enforcing municipal codel ~
a municipality may specify additional requirements for ordinances. Except as provided in subsection (6), noth-
· the adoption or enactment of ordinances or resolutions lng in this section shall prohibit a municipality from
or prescribe procedures in greater detail than contained fo~._i!~. ~3. ca. ~-amc°clee or orclinances by any other meanL
herein. However, a municipality shall not have the power
or authority to lessen or reduce the requirements of this 166.042 Legislative intent.-
section or other requirements as provided by general (1) It ia the legislative intent ti'tit the repeal by c, bal3-
law. ter 73-129. I. awe of Floricla, of cJ3al3te~s 167, 188, 11~,
· ' IM$~,l,y.--~. 1, Gh, 7'J-129: s. 2. 01. 76-,,15~; s. 2. dl. 77-'In'1: s. 1. ch. ~3-:340;, $.
~. ~. ~3-3o~. 172, 174, 176, 178, 181, 183, anti 184 of Florida Stltute~
shall not be interpreted to limit o~ reetrict the pow~s cd
166.0415 Enforcement by code inspectorl; cite- munJcipal officials, but shall be interpretecI as a recogre
fione.-- lion of constitutional powers. It is, further, the legislative
, -CITY OF-DELRAY BEACH
NoTiCE OF PERMITTED USE CHANGE'
'he City of Delray Beach proposes to'change the permitted use of land
vithin the area shown in the map in this advertisement. The proposed
:hange is as follows:
1) Amending the CF (Community Facilities) Zoning District to provide for
Conduct of commercial activities and businesses of a permanent na-
ture upon publicly owned lands.
tted use of
sement. The
ng District
ivities and
licly owned
the proposed
~ Commission
~"~ '~". lray Beach,
i
blic hearing
The proposal
N City Hall,
~'" ' -~ 444, Phone:
00 P.M. , on
The City Commission will conduct a Public Hearing on the proposed change
on August 13, 1991, at 7:00 P.M., in the City Commission Chambers at the
Ci!y. Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. for the purpose of re- appeal any.
celwng public comment, any matter
will need a
All interested citizens are invited to attend this public hearing and comment h person(s)
upon the proposed permitted use change. The proposal may be inspected at. ceedings is
the Planning Department Office, City Hail, 100 N.W. 1st Avenue, Delray e upon which
Beach, Florida, 33444, Phone: 4071243-7040, between the hours of 8:00 or prepare
A.M~ and 5:00 P.M., on weekdays (excluding. holidays).
pl~a~e · , . . · : . . ...,.., .~,: . ·
..be. a_dViaed that ,f a. per~on(I) dllcid~, to appeet ~ declek~.atad~.:~.''. Y B~C~
by the tJity Commission with-respect to any matter considered at this meet;,: got Harry
ing or hearing, such person(s) will need a record of these proceedings, and ***********.*******
for this purpose such person(s) may n.e~, t(~ ensure that a verbatim record of ·
the proceedings is made, which record Include~ the teethllony and evidence nd the headline
upon which the appeal is to be based. The'City does not provide or prepare
such record.
where legal
Publish: The News · CITY OF DELRAY BEACH
Boca Raton/Delray Beach/Boynton Beach Alison M~ H .ally
~,uguet 3; 1,991 City Clerk J ..
~,d #321625
· NOTICE OF CHANGE OF PERMITTED
The City of Boynton Beach proposes to ~change the permitted uses of
land so as to permit Adult Entertainment Establishments within the Indus-
trial land-use category as set forth in the City's Comprehensive .Plan,
which is shown in the map in this advertisement, and more particularly,
on the M-I (light Industrial) zoned property located within this land-use
category.
A public hearing on this proposal will be "held before the City Commis-
sion on December 18, 1990 at 6:00 p.m..~ or as soon thereafter as the
agenda permits. This public hearing will be!,held, in the Commission cham-
bers in Boynton Beach City Hall at 100 East. Boynton Beach Boulevard,
Boynton Beach, Florida.i ~ab
A copy of,the proposed amendment is av I le for review by the public
in t, he City s Planning Department.
.I
All-interested parties are advised that the appear at these meetings
in person or represented by attorney be heard. Any person who
decides to appeal any decision of the Ci Commission with respect, to
any matter considered at these meetings ~11 need a record of the pro-
ceedings and for such purpose, may need to ensure that a verbatim re-
cord of the proceedings is made, which '~cord includes the testimony
and evidence upon which the appeal is to be based. - ......
JZANNE M. KRUSE, CITY CLERK
~CITY OF BOYNTON BEACH
PUBLI~, ~'r~ecember 13, 1990
Ad 333865
Prepared statement by Kathy Stokes, resident of Delray Beach
and Co-chair of the Recreation and Open Space Task Team for
the Comprehensive Plan, presented on August 13, 1991, at a
hearing before the Delray Beach City Commission on the "as-
sociated issue" under proposed Ordinance 49-91, listed as
Items 2 and 3, and concerning the Stillwater Cruise Ship Op-
eration at Veterans Park and the related License Agreement.
The Stillwater Cruise Ship Operation at Veterans Park Li-
cense Agreement, as indicated in the recitals of the license
agreement, is based on Section 92.15 of the Code of Ordi-
nances of the City of Delray Beach (please see the first
page of the Agreement). This section provides for temporary
mooring permits for land owned or leased by the city or
which has been dedicated to the public use. This section
and the related Section 92.20 (photocopy attached) set the
rules for temporary moorings.
It is difficult to see how these rules which are measured in
terms of hours and days can be stretched to accommodate a
license agreement that will last at least five years and
maybe ten. In addition, even if the Commission chooses to
base this agreement solely on the concept of "home rule"
rather than the Code Section 92.t5, ! believe that "home
rule" cannot be relied on to approve an license agreement
which is contrary to the City Code and, furthermore, sub-
verts the objectives and policies of the City's Comprehen-
sive Plan.
If ! am not permitted to complete my presentation, I hereby
request that this prepared statement, a copy of which I have
handed to the City Clerk and copies of which ! have already
distributed to the City Commissioners on Monday, August t2,
~99t, be made part of the minutes of this meeting.
Section 92.15 provides that, when permission is sought to
moor at property which is owned or leased by the city or
which has been dedicated to the public use and the time pe-
riod sought is less than 8 hours, the City Hanager is autho-
rized to issue a permit after determining the mooring of the
boat will not impede navigation or recreation or otherwise
adversely affect the public health, safety, and welfare.
If the time period sought is for more than 6 hours, the per-
mission must be granted by the City Commission. Section
92.20 states that the time period for which a mooring permit
is to be effective shall be determined by the Commission at
the time of the authorization of its issuance. The duration
of any mooring permit is specifically limited as follows:
"...unless an emergency exception for extentuating
circumstances is granted by the City Manager or his desig-
nated representative, in no case shall any permit be effec-
tive for more than seven continuous calendar days, nor more
than ten calendar days in any one year."
Whether the license agreement is being granted under Section
92.15 or under some generalized theory of "home rule," it is
inconceivable that the City can enter into a license agree-
ment which clearly violates the clear wording of Section
92.20. As a result, this license agreement lacks legal suf-
ficiency.
In addition, simply labelling the boat operation as recre-
ational does not make it so. I believe that the boat opera-
tion represents a commercial use despite the statement in
Paragraph 1.03. of the license agreement that the license is
for a non-commercial use of dock space only. The City rec-
ognized the commerical nature of the boat operation in its
original Public Notice ~91-121 (photocopy attached) for the
conditional use hearing "to allow a commercial passenger
loading area and boat ticket sales on publicly owned lands
(Veterans Park)." Furthermore, if this license agreement is
for non-commercial use of dock space, one wonders why the
City went through all the effort to amend the CF Zone Dis-
trict to add commercial activities of a permanent nature on
publicly owned lands to the list of conditional uses.
As I stated at the hearing before the City Commission on Ju-
ly 23, 1991, I believe that the land use policy for recre-
ation and open space does not contemplate commercial uses as
would be permitted in the tDR amendment contained in the
proposed Ordinance 49-91. As I stated, if the ordinance is
passed, I will petition the DCA for review. The alternative
approach proposed by the Planning and Zoning Director in the
Staff Report for this Commission meeting of declaring the
boat operation as a recreational activity is tantamount to
the adoption of the LDR amendment as it concerns the boat
operation. This alternative approach represents an effort
to subvert the land use policy for recreation and open space
by labelling the boat operation as recreational and relying
on Section 92.15 and/or the concept of home rule. In short,
I believe the tDR amendment and the alternative recreational
activity/license agreement approach are both inconsistent
with the Comprehensive Plan, and if either is approved, I
will petition the DCA for review.
I have also reviewed the provisions of the license agreement
and find a number of them which are troubling (see attached
Exhibit I, which is 4 pages n length). The following para-
graphs of the license agreement are especially disturbing:
1.02. City warrants the boat operation is an accept-
able and approved use for this site.
3.01. The licensed premises is the entire park (4.48
acres more or less), not just the dock space.
5.02.8. Permits an office building (rather than a tick-
et booth). No size limitation.
5.03.A. Licensee has right 'to have vending machines or
amusement machines on the boat or in the build-
ing to be constructed. Others with permission.
15 CHAPTER 92: 8OATS AND BOATING
Section boats on the Intracoastal Waterway.
('80 Code, $ 8-3) Penalty, see ~ 92.99
General Provisions
ANCHORING AND MOORING
92.01 Posting of signs
92.02 Speed ~ 92.15 MOORING TO PUBLIC PROPERTY~
92.03 Mufflers required MOORING PERMIT.
Anchoring and Mooring It shall be unlawful to tie or moor
any boat to any real or personal property
92.15 Mooring to public property; which is owned or leased by the city, or
mooring permit which has been dedicated ~o the public
92.16 Refusal to remove boat use, urtless permission to do so has been
illegally moored to public granted either by the Commission ~f
property permission to t~e or moor a ~erio~ of
92.17 Mooring permit revocation more than six hours is sought, or by the
92.18 Anchoring in restricted areas; City Manager, if permission is sought for
anchoring permit a period of less than s~x hours, and, in
92.19 When anchoring and mooring addition, a permit therefor has been
permits not required issued by the city administration. The
92.20 Display of anchoring and Commission or City Manager shall
mooring permits; permit authorize the issuance of a permit only
duration after a determination that the requested
tying or mooring of the boat will not
City Marina create an impediment to navigation or
recreation, or otherwise adversely affect
92.30 Intent the public health, safety, and welfare.
92.31 Administration ('80 Code, $ 8-23) (Ord. 55-79, passed
92.32 Dockage agreement 9-10-79; Am. Ord. 42-81, passed 9-8-81)
92.33 Dockage rates Penalty, see $ 92.99
92.34 Rules and regulations
~ 92.16 REFUSAL TO REMOVE 9OAT ILLEGALLY
92.99 Penalty MOORED TO PUBLIC PROPERTY.
GENERAL PROVISIONS Any person who shall tie, moor, or
dock any boat at any ~oint in the public
~ 92.01 POSTING OF SIGNS. waterways lying outside the main channel
of the Florida Intracoastal Waterway
The City Manager or his designated where boats are prohibited without the
representative is authorized to post consent of the Commission or the City
signs informing the public of the Manager and without a permit issued by
provisions of ~S 92.01 through 92.20 of the city administration as above
this chapter, provided, who shall refuse to remove that
('80 Code, $ 8-1)(Ord. 55-79, passed boat upon the order of the City Manager,
9-10-79) or his delegated authority, shall be
guilty of a ~iolation.
~ 92.02 SPEED. ('80 Code, ~ 8-24)(0rd. 42-S1, passed
9-8-8I; Am. Ord. 50-82, passed 3-10-82)
It shall be unlawful tO operate any Penalty, see 3 92.99
boat or vessel upon any waterway within
the city at a rate of speed which causes ~ 92.17 MOORING PERMIT REVOCATION.
or may cause waves to damage docks,
wharves, seawalls, or boats moored or Any permit so issued by the city
tied to a dock or wharf along ~he administration shall be conditioned upon
waterway. Pursuant to F.S. $ 371.59, the basis that it may be revoked at any
this section shall not apply to boats on time upon a determination by the
the Intracoastal Waterway. Commission that the boat interferes with
('80 Code, ~ 8-2) Penalty, see $ 92.99 the public use of those facilities or
that the mooring iS a public nuisance.
~ 92.03 MUFFLERS REQUIRED. ('80 Code, ~ 8-25) (Ord. 42-8!, passed
9-8-81)
It shall be unlawful to operate any
watercraft with outboard motor or inboard $ 92.18 ANCHORING IN RESTRICTED AREAS;
motor not having properly muffled exhaust ANCHORING PERMIT.
within the city in a manner as to annoy
or disturb the quiet, comfort, or repose (A) For the purpose of this section,
of any person in any dwelling, hotel, or 'RESTRICTED AREA' shall mean any canal,
any other type of residence, or of any harbor, or inlet opening directly [nto
person in ~he vicinity. Pursuant to F.S. the Intracoastal Waterway, but not
~ 371.59, this section shall not apply to including the main channel of the Florida
Intracoastal Waterway.
92.19 DELRAY BF. ACTI BOATS AND BOATING 16
(B) It shall be unlawful fo= any receiving a permit under this chapter iS
boats which are permanently or required to keep the permit displayed on
temporarily being occupied by a person or the subject boat in a manner as to be
which a person is using as a residence, clearly visible on the exterior of the
to be anchored in the restricted area in boat. The-form and size of permit to be
the public waterways within the city, as issued shall be determined by the City
defined in division (A) above, for more Manager or his designated
than a total of 24 hours in any one-week representative. The time period for
period unless a permit is received from which a given permit is to be effective
the City Manager or his designated shall be determined by the City Manager
representative. The City Manager or his or his designated representative at the
designated representative shall issue a time of issuance, but, unless an
permit only after a determination that emergency exception for extenuating
the requested anchoring will not create circumstances is granted by the C~ty
an impediment to navigation or Manager or his designated representative,
recreation, or otherwise adversely affect in no case shall any permit be effective
the public health, safety, and welfare, for more than seven continuous calendar
These permits shall be refused, or if days, nor more than ten calendar days ~n
issued, may be revoked at any time, by any one calendar year.. The time period
the City Manager or his designated for which a mooring permit is to be
representative, if it is determined by effective shall be determined by the
the City Manager or his designated Commission at the time of the
representative, that the owners or authorization of its issuance.
occupants of the boat for which the ('80 Code, ~ 8-28)(0rd. 55-79, passed
permit is issued are in violation of any 9-10-79; Am. Ord. 42-81, passed 9-8-81;
ordinances of the city, or are, by their Am. Ord. 50-82, passed 8-10-82) Penalty,
action or inaction causing or maintaining see ~ 92.99
a public nuisance, or a health or
sanitary hazard. CITY MARINA
('80 Code, 5 8-26) (Ord. 55-79, passed
9-10-79; Am. Ord. 42-81, passed 9-8-81; $ 92.30 INTENT.
Am. Ord. 50-82, passe~ 8-10-82)
It is the city's desire to provide
$ 92.19 ~EN ANCHORING AND MOORING the ultimate in service, safety, and
PERMITS NOT REQUIRED. comfort for all guests at the city
marina, hereinafter called the marina.
(A) For the purpose of this section, ('80 Code, ~ 8-40) (Ord. 64-79, passed
"ADJACENT TO" shall mean immediately 9-24-79)
beside or only within that distance which
does not interfere with or impede $ 92.31 ADMINISTRATION.
navigation or recreation, and which is
required to allow for turning of the boat The City Parks and Recreation
by wave or tidal action without causing Department is given the administrative
damage to the boat or the adjacent responsibility to carry out the terms and
property, conditions of this division and to
collect the sums of money provided for
(B) Private docks. Nothing herein. Wherever the term dockmaster is
contained in this chapter shall he used in the dockage agreement or rules
construed as prohibiting the anchoring or and regulations for the city marina, it
moor£ng of boats adjacent to private shall be deemed to mean the City Parks
docks whether or not located in the and Recreation Department.
restricted area. This exception shall ('80 Code, ~ 8-41) (Ord. 64-79, passed
only be applicable as to boats which are 9-24-79; Am. Ord. 108-84, passed 1-15-85)
being anchored or moored adjacent to a
private dock with the permission of the $ 92.32 DOCKAGE AGREEMENT.
owner of the private dock.
The form of agreement set forth
(C) Public docks. Nothing contained hereinbelow shall be executed by each
in this chapter shall be construed as person, firm, or corporation using
preventing the anchoring or mooring of dockage space at the city marina:
boats adjacent to public docks leased to
private interests whether or not in the DOCKAGE AGREEMENT
restricted areas. This exception shall
be applicable only to the lessee of CITY OF DELRAY BEACH
public dock spaces. .100 N.W. 1st Avenue
('80 Code, ~ 8-27)(Ord. 55-79, passed Delray Beach, Fla. 33444
9-10-79; Am. Ord. 50-82, passed 8-10-82) Phone 278-2841
~ 92.20 DISPLAY Off A,NCHORING AND MOORING CHECKOUT TIME 3 P.M.
PERMITS; PERMIT DURATION. Yachtsmen must notify dockmast~r by
noon on date of departure or be
The owner or operator of a boat charged for an extra day's dockage.
CITY DF I:IELRrI¥ BErlCH
100 N W. 1st AVENUE DELRAY BEACH FLC, N,~',3A 33444 407 ~4S ''' ]
PUBLIC NOTICE # 91-121
Pursuant to Chapter Two of the Land Development Regulations of
the City of Delray Beach, Florida, you are hereby notified that a
conditional use and site plan approval request has been received
for Stillwater Cruises, to allow a commercial passenger loading
area and boat ticket sales on publicly owned lands (Veterans
Park) in the Community Facilities District on the following
described property:
Block 132, Plat of the Fractional East Half (E 1/2) of
Section 16, Township 46 South, Range 43 East, as recorded in
Plat Book 1, Page 25, of the Public Records of Palm Beach
County, Florida.
Veterans Park is located on the north side of Atlantic
Avenue, between Atlantic Plaza and the Intracoastal
Waterway.
The PLANNING AND ZONING BOARD will conduct a Public Hearing at
7:00 P.M. on Monday, July 15, 1991, (or at any continuation of
such meeting which is set by the Planning and Zoning Board), in
the City Commission Chambers at the City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida, and all persons interested will be
given an opportunity to be heard.
Please be advised that if a person or persons decides to appeal
any decision made by the Planning and Zoning Board with respect
to any matter considered at this meeting or hearing, such persons
will need a record of these proceedings, and for this purpose
such persons may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. The City does not
provide or prepare such record. Pursuant to F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
July 5, 1991 Alison MacGregor Harry
· City Clerk
EXHIBIT I
COMMENTS ON VARIOUS CONTRACT PROVISIONS
of the Stillwater Cruise Ship Operation
in Veterans Park License Agreement
ARTICLE 1
1.01. The term of the license has the potential of
running for 6 or 11 years because the initial five year
term (or the one lO-year term) starts to run on' the date of
the City's receipt of the Notice of Commencement of the
cruise ship operation. Under Paragraph 5.02, the licensee
has up to 12 months to commence operation.
1.02. The City warrants that the operation of the
cruise ship is an acceptable and approved use for this site.
If the DCA finds that this agreement is inconsistent with
and subverts the objectives and policies of the Comprehen-
sive Plan, this warranty could open the City for a claim of
damages by the licensee.
1.03. If this license is for a non-commercial use
of dock space, one wonders why the City went through all the
effort to amend the CF zone district to add commercial ac-
tivities of a permanent nature to the list of conditional
uses. If this effort was necessary, how can the City be-
lieve the license is consistent with the Comprehensive Plan?
ARTICLE 2
2.01. I agree with Susan Ruby's observation in her
memorandum that the only way to accommodate the boat opera-
tot's desire for a 10 year license is to enter into a ten
year agreement. As this paragraph is currently drafted, it
represents nothing more than an agreement to agree to extend
the license for five years. However, if the City wishes to
retain the right to terminate the license at will at the end
of five years, extending the term to 10 years will make that
impossible.
ARTICLE 3
3.01. The licensed premises is described as 4.48
acres more or less, that is, the entire park, while Para-
graph 1.03 describes the dock only. This inconsistency per-
meates the license agreement. Also, it is difficult to
understand that the City is willing to grant this licensee
the potential ability to control activities in the park
based on the unclear wording of this paragraph.
ARTICLE 4
4.01. Since the license fee begins the first of the
month Following the date of the Notice of Commencement, the
licensee has been granted use of the dock (or the entire
park if Paragraph 3.01 is not struck) at no month)y charge
for up to t2 months.
4.04. Normally a penalty interest provision is in-
cluded to encourage prompt payment. The interest rate
should be 1 1/2% per month (not annum) or an annual interest
rate of 18%. This may simply be a typographical error, but
one that is definitely in the favor of the licensee.
ARTICLE 5
5.01. The City will permit the use of parking areas
adjacent to Veteran's Park for patrons and employees of the
licensee on an "as available" basis. The new boat will car-
ry from 150 - 250 people (see Paragraph 5.02.A.) which is a
larger number than the current boat carries, and more park-
ing space may be needed. Also, there is no indication about
how many employee spaces will be needed. In addition, where
do patrons and employees park if no space is available? Who
makes the arrangements, and where, for the additional park-
ing? There is also no provision that Delray Beach citizens
attending events and activities at the Community Center will
get priority parking nor is there a mechanism for enforce-
ment.
One wonders, too, if the statement that "[s]"uch in-
gress and egress and dock space is to be used at the sole
risk of the Licensee" is sufficient.to shift the burden of
risk from the City to the Licensee. While Paragraph
13.01.A.(6) calls for Broad Form Coverage by the Licensee,
it is probably beneficial to include an insurance require-
ment in this paragraph.
5.02.A. Since the Licensee shall commence operations
within 12 months of approval of this license, it is diffi-
cult, if not impossible, to understand how the current boat
fits in to this agreement. This is especially true in light
of Paragraph 24.02, which states that this Agreement super-
sedes ali written agreements between the parties "with re-
spect hereto". There is also a vague, sole reference in
Paragraph 20.01 to the "original proposal." Perhaps the
boat operator is entitled to operate the current boat for as
long as he wishes under the "temporary license" at a lower
monthly fee, but it is truly unclear.
There is no limitation on the length of the boat in-
cluded in the Agreement.
5.02.B. This provision permits an on-site office
buildin9 rather than a ticket' booth (see Paragraph 1.02
"sale of admission tickets"). There is no size limitation
on the building. No requirement is made that it fit into the
park plan. Furthermore, this license agreement is supposed-
ix based on a moorin9 permit to moor at public property.
Mooring cannot, by definition, include permission to build
an office building on public property.
5.03.A. This paragraph states that the licensee has
right to have vending or amusement machines on the boat or
in the building to be constructed. If he wants any other
vending or amusement machines (presumably outside in the
park itself), he will have to ask the City For approval. No
where, in any discussions, has any comment been made about
giving this boat operator permission to have vending and
"amusement" machines in the park.
5.04. and 5.05. These paragraphs raise the question of how
the boat will be serviced. There is no access for catering
trucks and other delivery trucks to the dock. Wil! these
trucks drive through the newly improved park in order to de-
liver? With an operation for 150-250 people, one finds it
hard to believe that truck drivers will be willing to hand
carry deliveries across the park.
ARTICLE 7
7.02. Who pays for bringing the utilities to the
dock? Again, how can a mooring permit allow For the connec-
tion of utilities on public land?
ARTICLE 11
11.01. It is unclear regarding the extent of repairs
that will be permitted at the park's dock, i.e., the dock
could become a shipyard. Also, one wonders how supplies,
tools, workmen, etc. will gain access to the dock through
the park. Interestingly, too, if the boat is damaged any
where on the Intracoastal, it can be towed back to the park
for repair, and the City will pro-rate 'the monthly Fee (on
an undetermined basis).
ARTICLE 12
12.01 This provision gives the licensee ingress and
egress Over the entire park (i.e., the licensed premises ac-
cording to Paragraph 3.01). For a boat with the capacity to
carry 150-250 people, one wonders about catering trucks,
Fuel trucks, and maintenance trucks reaching the dock. This
permits the licensee to drive through the park.
ARTICLE 13
13.01.A.(2)&(3) "Premises and/or Operations" and "Indepen-
dent Contractor" need to be defined in terms of this Agree-
ment.
13.01.A.(16) Paragraph 17.01, involving default, provides
For termination of the Agreement if the licensee's insurance
is cancelled. However, the City would be better protected
if Paragraph 13.01.A.(16) stated that the City would require
the licensee to suspend operation pending new insurance.
Furthermore, the City should reserve the right to suspend or
terminate the Agreement if a restriction placed on the li-
censee's insurance policy is unacceptable to the City.
ARTICLE 14
14.01."(C)" The last paragraph is probably "(C)" even
though no letter bas been assigned. This paragraph is incon-
sistent with Paragraph 4.04 and its interest penalty provi-
sion after 30 days.
ARTICLE 15
15.01.A. This paragraph includes 'subiesses' which are
not mentioned elsewhere in the Agreement. Does this imply
that subleases will be permitted, and on what terms?
ARTICLE 19
19.01. Again, the definition of licensed premises in
Paragraph 3.01 makes interpretation of this paragraph ex-
tremely awkward.
Prepared statement by Kathy Stokes, resident of Delray
Beach, presented on august 13, 1991, at a hearing before the
Delray Beach City Commission on proposed Ordinance 54-91.
This hearing on proposed Ordinance No. 54-91 which, accord-
ing to the agenda, provides for Flea Markets as a condition-
al use in the Central Business District, cannot be held to-
night.
The notice for this hearing is deficient because the map
provided by the City's Planning & Zoning Director for the
"Corrected Notice of Permitted Use Change" is blank and only
depicts the municipal boundaries of the City. Section
166.041(1)(c)2. of the Florida Statutes requires that the
advertisement contain a map that "clearly indicates the area
covered by the proposed change." This is the same problem
as the notice for the CF conditional use change earlier this
evening.
In fact, the map should show all three zone districts that
are listed in the advertisement. This approach assumes that
the "corrected notice" rather than the statement in the
agenda for tonight's meeting correctly states the zoning
districts to which the proposed change applies. Based on
the advertisements, these three zone districts appear to be
the General Commercial District, the Planned Commercial Dis-
trict and the Central Business District.
The agenda states that "[i]f passed the second public hear-
ing will be held on august 27th." This is a misleading
statement because no action max be taken by the City Commis-
sion after the first public hearing for a permitted use
change. Action may be taken only after the second public
hearing which must always be held.
In short, consideration of this proposed ordinance by the
City Commission must start over with two properly noticed
public hearings.
the park. Interestingly, too, if the boat is damaged any
where on the Intracoastal, it can be towed back to the park
for repair, and the City will pro-rate the monthly fee (on
an undetermined basis).
ARTICLE 12
12.01 This provision gives the licensee ingress and
egress over the entire park (i.e., the licensed premises ac-
cording to Paragraph 3.01). Mr. Kurtz has added the word
"pedestrian" to this paragraph. However, protection of the
park makes it incumbent upon the city to ban delivery and
maintenance vehicles for the boat from the park. This is
particularly true since my husband and I watched a station
wagon pull up behind the lift station on Saturday morning,
August 24, 1991, to cater the boat.
ARTICLE 13
13.01.A.(2)&(3) "Premises and/or Operations" and "Indepen-
dent Contractor" need to be defined in terms of this Agree-
ment.
13.0I.A.(16) Paragraph 17.01, involving default, provides
for termination of the Agreement if the licensee's insurance
is cancelled. However, the City would be better protected
if Paragraph 13.01.A.(16) stated that the City would require
the licensee to suspend operation pending new insurance.
Furthermore, the City should reserve the right to suspend or
terminate the Agreement if a restriction placed on the li-
censee's insurance policy is unacceptable to the City.
ARTICLE 14
14.01."(C)" The last paragraph is probably "(C)" even
though no letter has been assigned. This paragraph is incon-
sistent with Paragraph 4.04 and its interest penalty provi-
sion after 30 days.
ARTICLE 15
15.01.A. This paragraph includes "sublesses" which are
not mentioned elsewhere in the Agreement. Does this imply
that subleases will be permitted, and on what terms?