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03-27-90 ~ARCH 27, 1990 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Commission Chambers at City Hall at 7:05 P.M., Tuesday, March 27, 1990. 1. Roll call showed: Present - Commissioner William Andrews Commissioner Patricia Brainerd Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - Assistant City Manager John W. Elliott, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Robert Finch of Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Andrews requested that Item No. 21 be deleted from the Regular Agenda. Ms. McCarty requested that Item No. 29 be removed from the Consent Agenda and placed at the end of the Regular Agenda. Mr. Andrews moved to approve the Agenda deleting Item No. 21, referring it to a workshop meeting and moving Item No. 29 to the end of the Regular Agenda, seconded by Ms. McCarty. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5. Ms. Brainerd moved to approve the Special Meeting minutes of March 6, 1990 and Regular Meeting minutes of March 14, 1990, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: A. Mayor Campbell read and presented a proclamation proclaim- ing April 1st through April 30th, 1990 as "Month of the Young Child." Mayor Campbell urged all citizens to recognize the valuable contribu- tions of early childhood teachers and caretakers, and to actively support the need for more and better childcare within our community. B. Mayor Campbell read and presented a proclamation commending John Saracino for his 18 plus years of dedicated service as a Member, and as Chairman, of the Public Employee Relations Commission with the City of Delray Beach. 7. Presentation. A. Paul Bremmer, representing Ernst and Young, presented the Comprehensive Annual Financial Report for the City of Delray Beach, year ended September 30, 1989. The report is in three parts, an Intro- ductory Section, a Financial Section and a Statistical Section. Mr. Bremmer encouraged any user of this financial statement to read the Introductory Section containing a letter from Mr. David Huddelston, Finance Director, which is a brief overview of the activities of the City's financial area for the year ended September 30, 1989. At the back of the Introductory Section there is a Certificate of Achievement for excellence in financial reporting received by the City of Delray Beach for the year ended September 30, 1988. This has been consistent for several years indicating the City's financial reporting is of the highest caliber and recognized so by the Government Finance Officers Association. Mr. Bremmer complimented the staff of the finance depart- ment for their cooperation in making this report possible. Ms. Brainerd moved to receive and file the Comprehensive Annual Financial Report, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. B. Delray Beach Police Force Department Accreditation. The Police Department of the City of Delray Beach received an accreditation from the National Association out of Alberquerque, New Mexico. Charles Kilgore, Police Chief, presented to the Commission the letter of accreditation received in Alberquerque, New Mexico on March 24, 1990. The process started back in 1983, with a lot of hard work and time dedicated by the members of the Police Department. Out of 908 standards, 811 were required and met. This certificate of accreditation is for a period of five (5) years and only departments of professional standards are accredited. PUBLIC HEARINGS 8. Ordinance No. 5-90. Ordinance No. 5-90, correcting the Zoning Map to show appropriate zoning of GC (General Commercial) District instead of RM-10 (Multiple Family Dwelling District for property common- ly known as the 8th Street Market located at the northeast corner of N.E. 9th Avenue and N.E. 8th Street, 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 Interim City Manager presented Ordinance No. 5-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR A PARCEL OF LAND LYING AND BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, FROM RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND IS LOCATED AT THE NORTH- EAST CORNER OF N.E. 8TH STREET AND N.E. 8TH AVENUE; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 5-90 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. McCarty moved for the adoption of Ordinance No. 5-90 on Second and Final Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 9. Ordinance No. 7-90. Ordinance No. 7-90, amending Chapter 51 of the Code of Ordinances by enacting a new subsection 51.18 (F) to provide for issuance of recycling containers to all residents, including condo- miniums and complexes containing 30 or more dwelling units; to provide that participation in the recycling program is mandatory; to provide collection times, handling of unacceptable materials, replacement of lost, stolen or damaged containers, is before the Commission for consid- eration 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. -2- 3/27/90 The Interim City Manager presented Ordinance No. 7-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE IV, "PUBLIC WORKS", CHAPTER 51, GARBAGE AND TRASH "COLLECTION SERVICES REQUIREMENTS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 51.18, "TYPES OF SERVICES FOR PICKING UP GARBAGE AND TRASH", BY ENACT- ING A NEW SUBSECTION 51.18 (F), TO PROVIDE THAT THE CITY SHALL ISSUE RECYCLING CONTAINERS TO ALL RESIDENTS, INCLUDING CONDOMINIUMS AND COMPLEXES CONTAINING THIRTY (30) OR MORE DWELLING UNITS; TO PROVIDE THAT PARTICIPA- TION IN THE RECYCLING PROGRAM IS MANDATORY WITH FEES TO BE PAID PURSUANT TO SECTION 51.10, TO PROVIDE THE TIMES OF COLLECTION, TO PROVIDE FOR THE HANDLING OF UNACCEPT- ABLE RECYCLING MATERIALS, TO PROVIDE FOR THE REPLACEMENT OF RECYCLING CONTAINERS IN THE EVENT THE CONTAINERS ARE LOST OR STOLEN OR DAMAGED; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 7-90 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. McCarty moved for the adoption of Ordinance No. 7-90 on Second and Final Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 10. Ordinance No. 8-90. Ordinance No. 8-90, amending Chapter 96 of 'the Code of Ordinances by enacting a new subsection, 96.05 (C) to provide that no object, structure, or planting shall obstruct a fire hydrant, is before the Commission for consideration 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 Interim City Manager presented Ordinance No. 8-90:: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "GENERAL REGULATIONS", CHAPTER 96, "FIRE PREVENTION; FIREWORKS", SUBCHAPTER, "GENERAL PROVISION" SECTION 96.05, "FIRE HYDRANTS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBSECTION 96.05 (C), AND ENACTING A NEW SUBSECTION 96.05 (C), TO PROVIDE THAT NO OBJECT, STRUCTURE, OR PLANTING SHALL OBSTRUCT A FIRE HYDRANT, PROVIDING FOR CERTAIN CLEAR DISTANCES TO ENSURE ACCESS TO FIRE HYDRANTS; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 8-90 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. Brainerd moved for the adoption of Ordinance No. 8-90 on Second and Final Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. -3- 3/27/90 11. Ordinance No. 9-90. Ordinance No. 9-90, amending the Code of Ordinances to provide for the prohibition of skateboards, roller-skates, or similar devices upon sidewalks along Atlantic Avenue between A-1-A on the east and 1-95 on the west, is before the Commission for consider- ation on Second and FINAL Reading. Additionally, this ordinance con- tains revisions as discussed at the March 6th special/workshop which provides an exception for bicycles and removes restriction from roadway surfaces. 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 Interim City Manager presented Ordinance No. 9-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XIII, "GENERAL OFFENSES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA; BY AMENDING CHAPTER 132, "OFFENSES AGAINST PUBLIC PEACE AND SAFETY', BY ENACTING A NEW SECTION 132.09, "SKATEBOARDING AND THE LIKE PROHIBITED", PROVID- ING FOR RESTRICTIONS IN CERTAIN AREAS; PROVIDING FOR A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 9-90 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. Jerry Marshall commented he does not see the necessity for passing an ordinance of this kind, but if it is passed it should read "use of these skateboards for reckless activity." Leon Appel stated he is in favor of young people enjoying themselves, but not to the point of being destructive or reckless. Sam Schwimmer stated he is not in favor of Ordinance 9-90. Rhonda Almond, Co-Director of Eastern Skateboarding Associa- tion, requested the Commission not to ban the kids from the streets, rather designate an area where skating is permissible and the hours when they can skate. Sherry Settelen, Police Officer, commented the kids should be able to skate, but not destroy public or private property. She called the Lake Worth City Clerk's office and obtained a copy of their Ordi- nance 89-17, regarding skateboarding, and distributed it to the mer- chants of Delray Beach so they could approach the Commission and the DDA. Dan Hutchinson stated he would like to see an area designed specifically for skating purposes. Aaron Wright stated he would like to see a skate park developed in Delray Beach. Kip Hutchinson stated he was in favor of skateboarding. The public hearing was closed. Mr. Weatherspoon stated Item A should be deleted from the ordinance with no action taken to Atlantic Avenue prohibition, but there should be an ordinance stating it would be illegal to operate in a reckless manner on the sidewalk. He feels the new Commission should determine how and where skateboarding will be permissible. Ms. McCarty clarified the fact that skateboarding is not being banned from the sidewalks of the community; it is being banned on one portion of Atlantic Avenue which has heavy retail traffic. She feels -4- 3/27/90 the area for skating should be shortened, but she is in favor of keeping the prohibition and looking into a park for the near future. Ms. Brainerd stated she would like to leave Item A as it is. Mayor Campbell stated the primary problem appears to be during the heavy business hours, and the Atlantic Avenue Association should be allowed to look at this issue again, with a possibility of considering a time limitation. Ms. McCarty questioned how that would solve the issue of public property being damaged. Mayor Campbell responded by stating he doesn't feel this ordinance is to control vandalism, but rather to control the majority of the general skateboard traffic. Ms. Brainerd moved to adopt Ordinance 9-90 as written, with the new Commission looking at it posthaste in order to come up with solu- tions for alternative sites where they can freeskate, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion passed with a 3 to 2 vote. Before roll call, Mr. Weatherspoon commented that they should try to work with the kids, allowing them to skate so long as they do it in a safe manner. If they do not cooperate with the responsibility given them, the new Commission can be more restrictive. At this point the roll was called to the motion. PUBLIC COMMENTS 12.1. Tom Fleming, 2850 Hampton Circle, addressed Mayor Campbell, Ms. Brainerd, and Mr. Weatherspoon expressing gratitude and heartfelt appreciation on the part of thousands of citizens of Delray Beach for the years of dedication and service that has been given to this City. 12.2. Margaret Ehrmann, 2643 Acre Drive, wished the outgoing Commis- sioners and staff the best. They have done an admirable job and they will all be missed. She especially wanted to thank Ms. Brainerd for getting involved and helping to start Tropic Palms Homeowners Associa- tion. 12.3. Deborah Wright, 815 N.W. 2nd Street, thanked the Commission for all they have done for the community. She wished them all well. 12.4. Jay. Slavin, 2601 N.W. 10th Street, wished to pay a special tribute for one of the greatest achievements of the past administration which is the building of Auburn Trace, an affordable housing community. 12.5. Rosetta Rolle, 301 N.W. 3rd Avenue, expressed thanks and well wishes to the outgoing Commissioners and Mayor. She stated they have done so much for the community. FIRST READINGS 13. Ordinance No. 10-90. Ordinance No. 10-90, rezoning the Yu Brothers property located on the west side of Congress Avenue between Atlantic Avenue and Lake Ida Road, just south of Congress Avenue Auto Plaza, from LI (Limited Industrial) District to MIC (Mixed Industrial Commercial) District, is before the Commission for consideration on First Reading. If passed, Public Hearing tentatively scheduled for April 10th. The Interim City Manager presented Ordinance No. 10-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED LI (LIGHT INDUSTRIAL) DISTRICT IN MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID LAND BEING ALL OF YU BROTHERS FOOD DISTRIBUTION FACILITY, ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 59, PAGE 126 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND -5- 3/27/90 IS LOCATED ON THE HE WEST SIDE OF NORTH CONGRESS AVENUE, BETWEEN ATLANTIC AVENUE AND LAKE IDA ROAD, JUST SOUTH OF CONGRESS AVENUE AUTO PLAZA; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEAL- ER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 10-90 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 14. Ordinance No. 12-90. Ordinance No. 12-90, amending the Code of Ordinances by adding a new section "Hazardous Substances and Hazardous Waste; Recovery of Cost" to provide for collection of fees by the City for investigating, mitigating, minimizing, removing or abating the release of hazardous substances or hazardous waste, is before the Commission for consideration on First Reading. If passed, Public Hearing tentatively scheduled for April 10th. The Interim City Manager presented Ordinance No. 12-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96 "FIRE PREVENTION; FIREWORKS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY ENACTING A NEW SECTION 96.08 "HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE; RECOVERY OF COST", TO PROVIDE FOR REIMBURSEMENT, TO THE CITY OF DELRAY BEACH, COSTS ASSOCIATED WITH INVESTIGATING, MITIGATING, MINIMIZING, REMOVING OR ABATING THE RELEASE OF HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE; PROVIDING FOR A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 12-90 on First Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 15. Reappointment of Two Members to the Human Relations Committee. The Commission is to consider Commissioner McCarty's reappointment of Randee Golder (Seat ~1) and Commissioner Andrew's reappointment of Robert P. Ferrell (Seat #3) to terms ending March 27, 1992. Ms. McCarty moved to reappoint Randee Golder and Robert P. Ferrell to the Human Relations Committee, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 16. Ratification of Nacirema Club Reappointment of One Member to the Human Relations Committee. The Commission is to consider ratifying Nacirema Club reappointment of incumbent, Preston Wright, to a term ending March 27, 1992. Ms. McCarty moved to approve the Nacirema Club's reappointment of Preston Wright to the Human Relations Committee, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. -6- 3/27/90 17. Ratification of Chamber of Commerce Reappointment of Two Members to the Human Relations Committee. The Commission is to consider ratifying Chamber of Commerce reappointment of incumbents, Jerry Janero and Rabbi Samuel Silver, to terms ending March 27, 1992. Mr. Weatherspoon moved to approve ratifying the Chamber of Commerce's reappointment of Jerry Janero and Rabbi Samuel Silver to the Human Relations Committee, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 18. Conditional Use Approval. The Commission is to consider request for conditional use approval for the proposed three guest room Bed and Breakfast (Tarrymore) to be located at the southwest corner of Swinton and N.W. 1st Street. Approval is recommended. Ms. Brainerd moved for conditional use approval, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 19. Approval of Expansion of Conditional Use - Executive Motors. The Commission is to consider request from Executive Motors, located on the west side of Federal Highway between Avenue F and Avenue G, for expanded conditional use approval to include expansion of the dealership onto property located between the existing facility and Avenue F. Approval is recommended. Ms. Brainerd moved to approve expansion of conditional use for Executive Motors, seconded by Ms. McCarty. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 20. Proposed Reorganization - Public Utilities Department. The Commission is to consider approving reorganization for Public Utilities Department which would increase technical and professional capabilities, consolidate work activities and reclassify job descriptions. Net cost to implement reorganization is $50,555. Approval is recommended. Mr. Weatherspoon moved to table Item No. 20 to a workshop meeting, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Weatherspoon suggested this item should have some budgetary implications and should be moved to workshop so the new Commission can make the final decision themselves. At this point the roll was called to the motion. 21. Proposed Pay Plan. Deleted. 22. Waiver of Bid Requirement and Award of Bid. The Commission is to consider waiving late submittal of acknowledgement of Addendum No. 1 and statement of public entity crimes on Bid No. 90-25 for RPM Construc- tion. Award RPM Construction, low bidder, contract for construction of City entrance signs of Federal Highway in the amount of $15,283 with funding from Beautification Fund Improvements Entrance Signs (Account No. 119-4151-572-60.71). Approval is recommended. Ms. Brainerd moved to approve waiver of bid requirement and award of bid, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 23. Cancellation of Previously Awarded Bid. The Commission is to consider cancelling contract with Burkhart Services, Inc., in the amount of $64,700 for median curbing on South Federal Highway as prepared -7- 3/27/90 design drawings for that project did not meet the Department of Trans- portation's updated specifications. Approval is recommended. Ms. Brainerd moved to cancel contract with Burkhart Services, Inc., seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 24. Settlement Offer. The Commission is to consider authorizing payment of settlement in the amount of $99,998.50 to Robert Currie to settle the City's portion of Currie et al vs. City of Delray Beach and Palm Beach County case. Funding is available in Liability Claims (Account No. 551-1575-591-33.93). Approval is recommended. Ms. Brainerd moved to approve settlement offer to Robert Currie, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 25. Settlement Offer. The Commission is to consider settlement offer from Procacci Development Corp. in the amount of $125,000 to settle litigation pending against the City. Denial is recommended. Bob Sweetapple, attorney for Mr. Procacci, stated Auburn Trace was achieved and became a success because of the efforts of his client who has expended over $265,000 based on inducements of this City. Mr. Procacci obtained a 5.5 million dollar grant from the United States Government which the City has benefited by. The previous offer of $60,000 does not compensate Mr. Procacci for the salaries he has paid for the staff specifically applicated for this project, nor does it com- pensate him for his time or other operational expenses. Procacci Real Estate Development Corporation should be reimbursed for some of it's expenses based on a joint venture that was taken in good faith with this Commission. The actual damages are $267,000 but his client has offered to accept $125,000. His request of this Commission is to make a fair settlement and give Mr. Procacci and his corporation the credit that should be shared with him for this fine project. Mr. Andrews questioned if the City has a copy of the contract. The City Attorney answered by stating there was no contract. Mr. Andrews moved denial of $125,000, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion passed with a 3 to 2 vote. Ms. Brainerd moved to approve settlement in the amount of $60,000 for out-of-pocket expenses. Said motion FAILED for lack of a second. 26. Senate Bill 30 - Regarding Florida Inland Navigation District Grant Programs. The Commission is to consider adopting a resolution, writing our Representatives and directing Kathy Daley to lobby on our behalf for the reinstatement of the FIND grant program. Approval is recommended. Ms. Brainerd moved to adopt a resolution for the FIND grant program, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 26.A. Approval of Police Legal Advisor Position. The Commission is to consider approval of a police legal advisor position. Ms. Brainerd moved to approve police legal advisor position, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Mr. Andrews - No; Ms. Brainerd - Yes; Ms. McCarty - No; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion FAILED with a 2 to 3 vote. -8- 3/27/90 Before roll call the following discussion was had: Ms. McCarty stated this item would be more appropriate for the new Commission to deal with as it will impact the budget. She also stated that with the City Attorney leaving they will be evaluating the whole legal department. Mr. Andrews stated that there are many items that restrict the kind of service we can get from the legal advisor category. He stated that with the legal department changing, more time is needed to go into all of the details. At this point the roll was called to the motion. 29. Ratification of Letter of Credit Agreement - Delray Golf Inc. The Commission is to consider approval of a Letter of Credit agreement, as amended, with Delray Golf Inc. Ms. Brainerd moved to approve ratification of letter of credit agreement, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - No; Ms. Brainerd - Yes; Ms. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 27. Amendment No. 1 to The Contract Between The City and CH2M Hill. The Commission is to consider approval of Amendment No. 1 to the con- tract between the City and CH2M Hill for ground water monitoring at Miller Park in the amount of $21,940 with funding from General Fund - Engineering Services - Engineering Department (Account No. 001-2911- 519-33.11). 28. Request for Continuation - Ail American Enterprise's SAD Rezoninq Ordinance. The Commission is to consider continuation of processing of SAD (Special Activities District) for All American Enter- prises. 30. Award of Bids and Contracts. A. Annual Contract Medical/Drug Supplies - Fire Department in the amount of $71,280 with funding from Fire/EMS Operating Supplies (Account No. 001-2315-521-3515) to various vendors: General Medical Corp. - $19,283.61 Matrix Medical Inc. - $10,501.94 Atlantic Medical Supply - $12,457.19 Frontline Medical Corp. - $18,296.71 Boca Raton Surgical Supply - $3,110.72 Aero Products Corp. - $6,910.46 Independent Medical Associates - $179.64 B. Scott Air Paks and Spare Tanks - Fire Department Safety Equipment Corporation in the amount of $38,866.25 with funding from Fire/EMS Operations Equipment (Account No. 001- 2315-526-60.89). Ms. Brainerd moved for approval of the Consent Agenda, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 31. Comments and Inquiries on Non-Agenda Items: 31.A.1. Mr. Weatherspoon thanked everyone who expressed their apprec- iation for the service he has rendered as Commissioner, and also thanked the members of staff. He stated that he can be removed from his seat, but the knowledge that he has obtained over the past six years cannot be removed. -9- 3/27/90 31.A.2. Mr. Weatherspoon questioned what could be done about making Captain Brooks eligible for the 20 and Out Program. For the record, he requested that the incoming Commissioners look into this. He stated that the Pension Board recommended denial, but Captain Brooks has served the City well. 31.A.3. Mr. Weathersp°on stated that during the Organizational Meeting a time should be set for the swearing in of the new Commissioners. He would like to have the motion state that where there is no need for runoff the Commissioners can be sworn in without waiting two weeks. This will alleviate delaying business that could possibly be taken care of. 31.A.4 Ms. McCarty questioned the amount of money for the Bond Valida- tion. The City Attorney advised it is for the full $21,400,000. 31.A.5. Ms. Brainerd thanked all her friends, including new friends that she made by serving as Commissioner. She stated it has truly been an honor and privilege to serve the citizens of Delray Beach. 31.A.6 Mayor Campbell thanked the citizens for their generous comments and is looking forward to continuing his work as an active civic leader in the community. Mayor Campbell declared the meeting adjourned at 8:07 P.M. -v- ~/ City ClErk ATTE S T: ..... M iA Y O"R The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of March 27, 1990, which minutes were formally approved and adopted by the City Commission on ~,~ //~ /~ ~City~ Clerk 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. -10- 3/27/90