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12-10-91 DECEMBER 10, 1991 A Regular Meeting of the City Commission of the City of Deiray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:05 P.M., Tuesday, December 10, 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 Rabbi Sam Silver of Temple Sinai. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. The City Attorney requested Item 10.B., the truck parking ordinance, be continued until January 14, 1992. The. City Manager stated the intention of Item 8.D. was that the complete and final payment is being addressed. Dr. Alperin moved approval of the agenda as amended, seconded by Mr. Andrews. 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. Approval of Minutes. None 6. Proclamations. None. 7. PresentationS. A. Sea Turtles. · John Walker was not present at the meeting; therefore, the presentation was deferred. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda. 8.A. Temporary Tent Permit. The Commission is to consider approval of a request from Delray Mazda to erect a tent at 2001 S. Federal Highway from January 3, 1992 through January 5, 1992. Approval is recommended. 8.B. Ratification of Stock Transfer/Flamingo Cabanas, Inc. The Commission is to consider ratifying the transfer of stock by Flamingo Cabanas, Inc. Approval is recommended. 8.C. Temporary Canopy Permit/Use of Municipal Parking Lot. The Commission is to consider approval of a request from Howard Alan to erect canopies in the parking lots adjacent to Atlantic Plaza and Veteran's Park from January 11, 1992 through January. 12, 1992 in con- junction with the annual Downtown Delray Beach Festival of the Arts. Approval is recommended. 8.D. Chan~e Order No. 1/Man Con, Inc. The Commission is to consider approval of Change Order No. 1 to the contract to Man Con, Inc. which reduces the contract price by $72,912.46 to accommodate adjustments for site conditions and as-built quantities. Approval is recommended. 8.E. Award of Bids and Contracts. Approval is recommended. 1. Uniform Rental - Cadillac Uniform Supply in the estimated annual amount of $19,800 with funding from various departmental budgets. Mr. Randolph moved approval of the Consent Agenda, seconded by Mr. Andrews. Upon roll call tke 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. REGULAR AGENDA 9.A. Review of Appealable Land Development Actions of Various Boards. The Commission is to consider accepting actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period of November 27, 1991 through December 9, 1991. Dr. Alperin moved to receive and file the report, with the exception of Dunkin Donuts for which he raised an appeal, 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. With respect to Dunkin Donuts, Dr. Alperin stated this involves a request for expansion by building an addition to the site, but the property owner has numerous code violations and has not made any effort to rectify the situation. -2- 12/10/91 This appeal will be scheduled for the meeting of January 14, 1992. 9.B. Request For Conditional Use Approval. The Commission is to consider a request from Jay D. Tormey for conditional use approval to locate a family recreational business (Whirly Ball) in the Congress Square Shopping Center. The City Attorney stated approval is recommended if the owner acquiesced to the establishment. Mr. Andrews moved approval for the Conditional Use with the condition stated by the City Attorney, 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. 9.C. Request For Special Event Permit. The Corm~ission is to consid- er a request from Brandy's Cafe for a special event permit and to place tables and chairs within the City's right-of-way along Canal Street from December 13, 1991 through December 14, 1991 during the Boat and Street parades. City Manager recommends approval subject to the following conditions: 1. That the applicant provide the City with a signed hold-harmless agreement. 2. That the applicant provide a certificate of insurance, naming the City and the Army Corps of Engineers as additional insured. 3. That a site drawing showing the placement of the tables and chairs be provided. Mr. Mouw moved approval of the request for a special event permit, with staff recommendations, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.D. Banker's Row Redevelopment Agreement. The Commission is to consider a tripartite agreement with regard to the 'redevelopment of Banker's Row. City Manager recommends approval. The City Manager stated that Bob Federspiel, CRA attorney, has asked that no action be taken tonight, but rather the Commission give input on questions or changes. Mr. Federspiel also wants to meet with the Banker's Row Homeowners Association again before formal action is taken. In reply to Mayor Lynch, the City Manager stated the City will maintain all the maintenance expenses. -3- 12/10/91 No action will be taken at this time and this item will most likely be on the agenda for the meeting of January 14, 1992. 9oE. Request For Funding/Education Board. The Commission is to consider a request from the Education Board for funding in the amount of $2,000 in support of the Annual Education Expo to be held in the Delray Mall during the Spring of 1992. City Manager recommends approval. In reply to Mayor Lynch, Dr. Alperin advised the Chamber of Commerce dropped their connection with the Education Committee. Loren Sheffer, Chairman of the Education Board, explained why the money was needed and why there is no affiliation with the Chamber of Commerce. Mr. Mouw suggested the School Board make an effort to try to solicit funds from the local business community to underwrite. Mr. Andrews suggested contacting the condominium associations for contributions; this year it could be as requested, but in the future it should be a private sector issue. Mr. Mouw moved approval for funding up to $2,000, with the hope that the Education Board can raise the needed money through the private sector, seconded by Mr. Andrews. 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.F. Addendum No. 3 To The Golf Course Management Contract. The Commission is to consider approval of Addendum No. 3 to the Golf Course Management contract which provides for the payment of a performance bonus to Dubin and Associates and approve the bonus amount of $2,500. City Manager recommends approval. The City Attorney stated consideration should be given to the performance of Mr. Dubin's takeover of the employment of the Golf Professional and restaurant responsibilities. Mr. Mouw moved approval of Addendum No. 3, with the restated consideration, 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.G. Water and Sewer Improvement/Former Enclaves. The Commission is to consider the approval of the the award of bid for water and sewer improvements in former enclave areas located on Germantown Road, Lake Ida Area and North Federal Highway to Man-Con, Inc. (Lake Ida Area and Germantown Road) in the amount of $1,564,306.20 and Gateway Construction (North Federal Highway) in the amount of $1,238,905; and, approve a budget transfer in the amount of $328,476.20. -4- 12/10/91 In reply to Dr. Alperin, the City Manager stated ductile iron pipe has been in service for over one-hundred (100) years; the durabili- ty of PVC, only being in service twenty-five (25) - thirty (30) years, is not known. The ductile iron pipe is larger than the PVC iron pipe, which over a period of years, will provide a savings in pumping costs. In reply to Mr. Randolph, Bill Greenwood, Director of Environ- mental Services stated PVC would be cheaper than ductile iron. Mr. Mouw moved approval of the award of bid for water and sewer improvements to Man-Con, Inc. and Gateway Construction, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - No; Mr. Randolph - No; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 3 to 2 vote. 9.H. Service Authorization No. 3/Eckler Engineering. The Commission is to consider approval of Service Authorization No. 3, in the amount of $16,411.10, to the contract with Eckler Engineering to design a new pump station and reroute the gravity collection system from Lift Station #86 to a new site which will accommodate the new middle school proposed for the northeast corner of the intersection of Atlantic Avenue and Barwick Road. City Manager recommends approval. Dr. Alperin moved approval of Service Authorization No. 3, 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. Dr. Alperin requested staff to monitor what the City is doing with the Sharing for Excellence Agreement versus what the School Board is doing. 9.I. Service Authorization No. 7/Hazen and Sawyer. The Commission is to consider approving Service Authorization Agreement No. 7, in the amount of $93,000 for design, bidding services, construction services and other services necessary to design water distribution and sanitary sewer systems in former enclave areas (Gulf Stream Estates, Seacrest Subdivision, Sudan - Unit A, Silver Terrace, Homewood Park, Lake Heights, and Del Raton Park. 'City Manager recommends approval. Mr. Andrews moved approval of Service Authorization No. 7, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.J. Award of Bid/Tennis Court Lighting. The Commission is to consider awarding the bid for the Tennis Court Lighting project to American Lighting Maintenance (not low bidder) in the amount of $67,679 with funding from 1987 Utility Tax/Tennis Center Capital Outlay Improve- ments - Other Account No. 333-4145-572-60.69). City Manager recommends approval. -5- 12/10/91 .Joe Weldon, Director of Parks and Recreation gave a brief summation of this issue with a recommendation to go to the highest bidder. Before making a motion, there was discussion with regard to the technicalities of this issue. Mr. Andrews moved to accept the Ledbetter Electric Inc. bid, 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 7:10 P.M., the Commission mo ed to the duly advertised Public HearingS portion of the agenda. 10.A. Approval of Agreement/Transfer of Title City-Owned Property. The Commission is to consider approval of the agreement with, and the transfer of title for a City-owned lot to Habitat for Humanity for the Development of low to moderate income single-family residences. City Manager recommends approval. Prior to consideration, a public hearing has been scheduled 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. The public hearing was closed. Dr. Alperin moved for the approval of the agreement/transfer of title of City-owned property, 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. 10.B. Ordinance No. 87-91. Ordinance No. 87-91, amending the Land Development Regulation to provide parking restrictions for trucks in the R-lA (Single Family Residential) zone district, is before the Commission for consideration on Second and FINAL Reading. City Manager recommends continuance. 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. 87-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.6.13, "PARKING AND STORAGE OF COMMERCIAL VEHICLES, BOATS, TRUCKS, AND SIMILAR VEHICLES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 4.6.13(B), -6- 12/10/91 "PERMISSIBLE PARKING" TO PROVIDE FOR THE PLACING OF · RESTRICTIONS ON TRUCK PARKING IN R-lA ZONING DIS- TRICTS; TO PROVIDE FOR PARKING A MAXIMUM OF TWO ONE AND ONE-HALF TON TRUCKS ON LOTS IN R-lA ZONING DIS- TRICTS; PROVIDING A SAVING CLAUSE; PROVIDING A REPEAL- ER 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. Lorraine Kasper, Tropic Isles, stated she supports this ordi- nance. The City Attorney recommended the Public Hearing be left open. Dr. Alperin moved~ to continue the Public Hearing of Ordinance No. 87-91 until January 14, 1992, 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. 10.C. Ordinance No. 88-91. Ordinance.No. 88-91, rezoning Lots 23-28, Block 5, Southridge Subdivision from R-lA (Single Family Residential) to RM (Medium Density Residential) zone district, is before the Commission for consideration on Second and FINAL Reading. City Manager recommends continuance. Planning and Zoning Board recommends approval (3-2 vote) subject to the following condition: 1. That the plat and access easement be in place prior to the Commission taking action on the second reading of the ordinance. 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. 88-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-lA (SINGLE FAMILY DWELLING) DISTRICT IN RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITy) DISTRICT; SAID LAND BEING LOTS 23-28, BLOCK 5, SOUTHRIDGE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 38 AND 39 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER 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 -7- 12/10/91 laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. In response to the City Manager, David Kovacs, Planning and Zoning Director stated the applicant needs to provide a boundary plat and limited access stipulation, in a time frame not to exceed three months. Dr. Alperin moved to continue the Public Hearing of Ordinance No. 88-91, with the restrictions set forth by Planning and Zoning, 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. 10.D. Ordinance No. 89-91. Ordinance No. 89-91, re~oning property located on the southeast corner of Linton Boulevard and S.W? 4th Avenue (D.B.O Acres Plat) from PC (Planned Commercial) zone district to GC (General Commercial) and AC (Automotive Commercial) zone districts, in part, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 89-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN GC (GENERAL COMMERCIAL) DISTRICT, IN PART, AND AC (AUTO- MOTIVE COMMERCIAL) DISTRICT, IN PART; SAID LAND KNOWN AS DBO ACRES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 63, PAGE 13 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 89-91 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Lindsay Walter, representing Dan Burns, stated he was there to answer any questions that there may be. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 89-91, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. -8- 12/10/91 Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 10.D.1. Request For Conditional Use Approval. The Commission is to consider a request for conditional use approval to establish a special- ized service shop (Tire Kingdom store) on the southwest corner of the F.E.C. Railroad and Linton Boulevard (D.B.O. Acres Plat). Planning and Zoning recommends approval (4-1 vote) subject to the following condi- tions: 1. That the final site plan be consistent with the sketch plan accompanying the Conditional Use request. 2. Platting be processed subsequent to site plan approval thereby assuring the ability to comply with all LDR requirements. There was a discussion with regard to the siting of the garage doors. Mr. Mouw moved approval of the conditional use request, second- ed by Mr. Randolph. 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 4 to 1 vote. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC ll.A.1. The City Manager reported the repayments for the CRA loans are all on schedule and nothing is in arrears. ll.A.2. The City Manager stated, with regard to the complaint of the property at 400 N.W. 12th Street, the complaints are justified and have been reviewed by Code Enforcement. Over the past eleven (11) months the owner has been cited five different times; it is an ongoing problem and is an investeral property. ll.A.3. The City Manager stated Florida Power and Light plans to install lights from Atlantic Avenue north to the Post Office during the month of December, and from the Post Office north to the L-30 Canal in the month of January. They have no record of any requests to install street lights from Atlantic Avenue south to the L-38 Canal. ll.A.4. The City Manager stated the minimum floor space requirements for housing are defined in the Housing Code. ll.B.1. Lillian Feldman, resident, thanked the City Manager for con- tacting the County with regard to the lights on Military Trail. She also complimented Mr. Dubin on the great job he is doing with the Golf Course Restaurant. ll.B.2. Alice Finst, 707 Place Tavant, requested the Public Hearings and the Public Comments be switched so the public can speak earlier. -9- 12/10/91 ll.B.3. Alice Finst, 707 Place Tavant, requested the County or City help one of the needy families living in substandard housing. ll.B.4. Helen Coo~ersmith, 1222 South Drive Way, speaking on behalf of Perry DonFrancisco, stated the deadline for checks for the Holiday Toy Drive has been extended from December 11, 1991 to December 18, 1991. 12. First Readings. None. At this time the Commission returned to the'Regular Agenda. 9.K. palm Beach Countywide Plann.$n~. Council. Resolution No. 99-91, abolishing the Palm Beach Countywide Planning Council; Resolution No. 100-91, calling for the Palm Beach County Board of County commissioners to pursue a program for a Countywide Planning program, but only after due deliberation with other affected entities, including municipal interests; and, Resolution No. 101-91, supporting the continuance of the current Palm Beach Countywide Planning Council, are before the Commis- sion for consideration. RESOLUTION NO. 99-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, PURSUANT TO SECTION 7.19 OF THE CHARTER OF PALM BEACH COUNTY, FLORIDA, VOTING TO REPEAL ARTICLE VII (COUNTYWIDE PLANNING COUNCIL) OF THE CHARTER OF PALM BEACH COUNTY, FLORIDA; URGING SUPPORT FROM OTHER LOCAL GOVERNMENTS; PROVIDING FOR DISTRIBUTION; AND PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 99-91 is on file in the official Resolution Book) RESOLUTION NO. 100-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, CALLING FOR THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS TO PURSUE A PROGRAM FOR A COUNTYWIDE PLANNING PROGRAM BUT ONLY AFTER DUE DELIBERATION WITH OTHER AFFECTED ENTITIES INCLUDING MUNICIPAL INTERESTS; PROVIDING FOR DISTRIBUTION~ AND PROVIDING AN EFFECTIVE DATE. RESOLUTION NO. 101-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, CALLING FOR THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS TO MAINTAIN THE CURRENT PROGRAM FOR A COUNTYWIDE PLANNING PROGRAM; PROVIDING FOR DISTRIBUTION; AND PROVIDING AN EFFECTIVE DATE. -10- 12/10/91 The City Attorney did not read the resolutions. The City Attorney recommended voting to sunset. Mayor Lynch recommended if the consensus is to sunset, then a letter should be sent stating that the City is dissatisfied with the "all or nothing approach". Mr. Mouw moved for the adoption of Resolution No. 99-91', seconded by Mr. Andrews. 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. Dr. Alperin moved for the disposal of Resolution Nos. 100-91 and 101-91, 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.L. Offer of Judgment. The Commission is to consider an offer of judgment in the amount of $85,000 to settle Procacci Development Corpo- ration vs. the City of Delray Beach. The City Attorney advised there has been a new offer of judg- ment in the amount of $50,000 and the recommendation was to accept the offer. Dr. Alperin moved for agreement with the '$50,000 settlement, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. 9.M. Resolution No. 102-91. Resolution. No. 102-91. extending the sunset date and expanding the membership and scope of responsibility of the Neighborhoods Task Team, is before the Commission for consideration. Approval is recommended. The'City Manager presented Resolution No. 102-91: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 68-90 WHICH ESTABLISHED THE NEIGHBORHOODS TASK FORCE OF THE CITY OF DELRAY BEACH AS AN AD-HOC ADVISORY BODY TO THE CITY COMMISSION, TO PROVIDE FOR A REVISED SCOPE OF RESPONSI'- BILITY AND ESTABLISHING A MAXIMUM NUMBER OF APPOINTED MEMBERS; AND AMENDING RESOLUTION NO. 113-90 WHICH EXTEND- ED THE ESTABLISHED SUNSET DATE OF THE NEIGHBORHOODS TASK .FORCE, TO PROVIDE FOR MONTHLY MEETINGS AND A NEW SUNSET DATE OF JULY 31, 1992; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 102-91 is on file in the official Resolution Book) -11- 12/10/91 Mr. Mouw moved for the adoption of Ordinance No. 102-91, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.N. Appointments to The Code Enforcement Board. The Commission is to consider the appointments of three regular members to the Code Enforcement Board to fill the expiring terms of Joel Port (Engineer position), Susan Gracey (Architect position) and Perry DonFrancisco (Businessperson position). Mr. Randolph moved for the reappointment of Joel Port to the Code Enforcement 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. Mayor Lynch recommended the reappointment of Susan Gracey. Dr. Alperin moved for the reappointment of Susan Gracey to the Code Enforcement Board, 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. Mr. Mouw moved for the appointment of Beril Kruger to the Code Enforcement Board, seconded by Mr. Randolph. Upon roll call the Commis- sion 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. 9.0. Change Order No. 1/ARZ Builders, Inc. The Commission is to ~onsider Change Order No. 1 to the contract with ARZ Builders, Inc. in the amount of $80,685 to construct a positive drainage system for Pineapple Grove Way and extend the contract completion date by 45 days to accommodate the additional work. Approval is recommended. Mr. Mouw moved denial of Change Order No. 1, with further comments to staff to look into putting the entire package out to bid after paying off the present contractor; or, negotiate with the present contractor to delay for sixty (60) days while the work is being rede- signed, 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. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS 13.A.1. There were no comments or inquiries from Mr. Andrews. 13.A.2. There were no comments or inquiries from Mr. Randolph. 13.A.3. There were no comments or inquiries from Dr. Alperin. -12- 12/10/91 13.A.4. There were no comments or inquiries from Mr. Mouw. 13.A.5. Mayor Lynch stated his decision to run for Mayor will be made by the first of the year. 13.B.1. There were no comments or inquiries from the City Manager. 13.C.1. The City Attorney presented an update on the Layer's item. Mayor Lynch declared the meeting adjourned at 8:30 P.M. ' -~City Cl~k ~ ATTES T: 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 December 10, 1991, which minutes were formal- ly approved and adopted by the City Commission on ~t~/au lq. lqq~ . (,/ ' , ~ City ~lerk - [ 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. -13- 12/10/91