Loading...
05-22-90 MAY 22, 1990 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, May 22, 1990. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner William Andrews Commissioner Mary McCarty 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 Phipps of Trinity Lutheran Church. 3. The Pledge of Allegiance to the flag of the United States of 'Am'erica was given. 4. Ms. McCarty requested Item 13.A. be moved to the end of the Public Hearings. Mayor Lynch requested Item 10.E. be deleted from the Consent Agenda, and Item 12.C.1. to be added to the Regular Agenda. Mayor Lynch also requested that after Item 11, the Consent Agenda, they have Public Comment, (ll.A.), with Commission Comment also at that time. Dr. Alperin moved to approve the agenda as amended, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Ms. McCarty stated on Page 9, third paragraph of the Minutes of May 8, 1990, it should read "Gertrude Green spoke against the variance." Ms. McCarty moved to approve the minutes of May 8, 1990, as amended, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: A. Mayor Lynch presented a proclamation proclaiming the week of May 21 through May 28, 1990 as "Buckle Up America Week" and stressed the use of seat belts for safety. 7. Presentations. None. 8. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.A. Release Of Interest. The Commission is to consider releasing interest in an existing road easement over a portion of Tract K, Delray Park of Commerce. Approval is recommended. 8.B. Acceptance Of Easement Deed. The Commission is to consider acceptance of an easement deed from Florida Power and Light for main- tenance of a 12 foot water main located on Tract N, Delray Park of Commerce. Approval is recommended. 8.C. Granting Of Easement Deed. The Commission is to consider granting a ten foot easement to Florida Power and Light across City owned property on Andrews Avenue (Fire Station No. 2 site). Approval is recommended. 8.D. Change Order No. 1 - N.E. 8th Street. The Commission is to consider approval of Change Order No. 1 extending the contract time by ten days to replace freeze damaged vegetation on N.E. 8th Street. Approval is recommended. 8.E. Request For Final Payment - North Federal Sanitary Sewer Project. The Commission is to consider approval of final payment in the amount of $12,550 to Kenova Construction Corporation for the completion of the North Federal Highway Sanitary Sewer Project. Funding is avail- able in Water and Sewer - Sewer System/Mains and Lines (Account No. 441-5161-536-60-66). Approval is recommended. 8.F. Request For Final Payment - Military Trail/Atlantic Avenue To Steiner Road. The Commission is to consider approval of final payment in the amount of $206,781.01 to Palm Beach County for construction of City of Delray Beach utility lines within this project's limits and relocation of conflicts. Funding is available in Water and Sewer - 12 Inch Water Main/Military Trail (Account No. 441-5162-536-60.50). Approval is recommended. 8.G. Change Of Street Names. The Commission is to consider a request from the developers of Phase II Linton Lakes (Spring Harbor) to change the name of the internal loop road (Linton Lakes) which runs through the Spring Harbor development to Spring Harbor. There are no occupied units in Spring Harbor, nor have street addresses been assig- ned. Approval is recommended. 8.H. Request To Hold Plant Sale. The Commission is to consider a request from Atlantic High School to hold a plant sale at Emmanuel Catholic Church located at 15790 S. Military Trail from May 23-31, 1990 as part of Project Graduation activities. Approval is recommended. -2- 5/22/90 8.I. Resolution No. 50-90. Resolution No. 50-90, assessing costs for abatement action required to demolish an unsafe structure at 1107-09 Strickland Road, is before the Commission for consideration. The caption of Resolution No. 50-90 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. 50-90 is on file in the official Resolution Book) 8.J. Resolution No. 51-90. Resolution 51-90, assessing costs for abatement action required to remove nuisances on 14 properties through- out the City, is before the Commission for consideration. The caption of Resolution No. 51-90 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 ACCOM- PLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATE- MENT 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. 51-90 is on file in the official Resolution Book) 8.K. Resolution No. 54-90. Resolution 54-90, supporting the draft Countywide Traffic Performance Ordinance prepared by a committee from the Palm Beach County Municipal League, is before the Commission for consideration. The caption of Resolution No. 54-90 is as follows: -3- 5/22/90 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE DRAFT COUNTYWIDE TRAFFIC PERFORMANCE ORDINANCE PREPARED BY A COMMITTEE FROM THE PALM BEACH COUNTY MUNICIPAL LEAGUE. (Copy of Resolution No. 54-90 is on file in the official Resolution Book) 9. Award of Bids and Contracts. A. Rental Rehabilitation Deferred Loan Program - Community Development Block Grant - To vendors below, in the total amount of $40,975 with funding from Rental Rehab (Account No. 118-1975-554-60.23). Preston Construction - 237 - 239 S.W. 1st Avenue $23,490 Abissett Corp. - 206 S.W. 10th Street - $17,485 B. Two (2) Diesel Mowers - Parks and Recreation - Tropical Tractor and Turf Company in the amount of $18,596 with funding from Parks and Recreation - Equipment Other (Account No. 001-4131-572-60.89). C. Ford Aerostar Mini Van - Recycling Coordinator - Duval Ford Inc. (State Contract) in the amount of $12,841 with funding from Sanitation Fund - Recycling Grant (Account No. 443-3711-534-60.84). 10. CONSENT AGENDA ITEMS FROM MAY 8, 1990 AGENDA. 10.A. Request For Final Payment. The Commission is to consider authorizing final payment in the amount of $13,868.17 to Charles S. Whiteside, Inc. for completion of Atlantic Avenue Phase II construction. Funding is available in 1989 Construction Fund - East Atlantic Avenue Phase II (Account No. 340-4143-570-60.69). Approval is recommended. 10.B. Extension of Contract. The Commission is to consider approving a one year extension of the contract with America's Pros for maintenance of landscaping on Linton and Homewood Boulevards. The conditions of the contract are the same as that previously approved and is in the amount of $32,560 (an increase of $2,150) with funding from Beautification Trust Fund Repair and Upkeep (Account No. 119-4151-572-33.39). Approval is recommended. 10.C. Approval of Contract Between The City and Post, Buckley, Schuh and Jernigan (PBS&J). The Commission is to consider approving a con- tract between the City and PBS&J for engineering services related to the replacement of the Master Wastewater Pump Station at Veteran's Park in the amount of $156,450 with funding from 1984 Water and Sewer Contin- gency account with reimbursement from the 1990 Water and Sewer Revenue Bond Issue or Line of Credit. -4- 5/22/90 10.D. Approval of Contract Between The City and Post, Buckley, Schuh and Jernigan (PBS&J). The Commission is to consider approving a con- tract between the City and PBS&J for engineering services relating to the repair of the Elevated Storage Tank in the amount of $20,554 with funding from Water and Sewer Capital - Building (Account No. 441-5161- 536-60.31). 10.E. Final Plat Approval. The Commission is to consider approving a final plat for a replat of Old Harbor Square located on the northeast corner of Federal Highway and Linton Boulevard. The Commission had previously approved a final plat for this property, however, a recent change in ownership necessitated a need to divide interest in this project. Approval is recommended. 10.F. Temporary Tent Permit. The Commission is to consider approval of a request from the National Church of God for a temporary tent permit to erect a tent, on May 12, 1990, in the parking lot at 133 S.W. 13th Avenue. Approval is recommended. 10.G. Request for Dock and Dolphin Pile Variances. The Commission is to consider a request from property owner at 319 S.E. 7th Avenue to construct a dock and two dolphin piles. Approval is recommended. 10.H. Request to Erect Signs. The Commission is to consider a request from the Soroptimist Club to erect signs on both north and south bound Federal Highway at the City's entrance. Approval is recommended. 11. Awards of Bids and Contracts from May 8, 1990 Agenda. A. Replacement of 15 inch Gravity Sewer Main - S.E. 1st Street - Southern Pipeline, Inc. in the amount of $21,042,50 with funding from Water and Sewer/Sewer Systems, Mains and Lines (Account No. 441-5141-536- 60.66). B. Radio Maintenance - Police Department - Motorola Communi- cations and Electronics in the amount of $52,4575.40 with funding from Repair and Upkeep - Equipment (Account No. 001-2113-521-33.32). C. One Economy Pickup Truck - Utility Billing - Dimmit Chevrolet, Inc. (State Contract) in the amount of $8,994.88 with funding from Water and Sewer - Utility Billing Capital Outlay (Account No. 441-5112-536-60.89). Ms. McCarty moved for approval of the Consent Agenda, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. PUBLIC COMMENT ll.A.1. Lt. Lewis, 15 1/2 year veteran of the Delray Police Department, stated he is here this evening on his own volition. In April, 1990, -5- 5/22/90 Commissioner Andrews spoke of reorganizing the City and saving over $300,000 by eliminating some management, mid-management and other jobs. On April 19, 1990, he issued a memo to all employees stating he was misquoted, and while they do have to worry about the budget, no one would lose their jobs; programs would have to be cut. They have heard about eliminating the Police Chief, the Police Management Staff, and possibly the entire Police Department. This is not a motivation for the officers to study or work hard only to see years of dedicated service lost. The employees and constituents have been offended. ll.A.2. Virginia Schmidt, High Point of Delray, stated her comments concern newspaper accounts stating the City cannot dismiss incompetent employees because of Civil Service protection. The positions targeted to be abolished through reorganization or privitization, are for the most part, those filled by employees who have long, faithfully and competently served the City of Delray Beach. The Civil Service Act does not provide for the discharge of competent employees, the Civil Service System provides for merit and fitness in hirings and promotions and supportable evidence of unsatisfactory performance and/or behavior in demotions, suspensions and discharges. The reorganizations and priviti- zation proposals bear close scrutiny by the citizens of Delray. To assure the proposals are sound, cost effective, efficient and not politically motivated, retaliations against employees need to be guard- ed. Delray can ill afford the turmoil and destruction of government. ll.A.3. Don Hale¥, representing the IBFO Local 1227, stated they are appalled that a Commissioner would make a bigoted remark. Mr. Andrews showed great incompetence, and they are requesting his resignation from the City Commission, as they feel he would create animosity among employees, many of who pay City taxes. ll.A.4. Virginia Snyder, resident of Delray, stated she has been a victim of the Delray Beach Police Department's informants. She stated the Delray Police were informed of the physical attack she encountered last week, but was advised nothing could be done for her. The investi- gation is now being conducted by the Boynton Beach Police, and they are preparing evidence for the State Attorney's Office. ll.A.5 Jay Slavin, Rainberry Bay resident, stated the Commission was advised that any requests were to go through the City Manager, not staff or Department Heads. This rule has been consistently violated, and as they now have a full time City Manager, hopefully this ruling will be enforced. She also commented that it is suspected by the citizens of Delray Beach that this Commission is violating the Sunshine Law daily, and they request the Commission to cease immediately. ll.A.6. Joseph Valentino, resident, stated the time has come to take the necessary action for the immediate resignation and retirement of Charles Kilgore, Chief of Police of Delray Beach. The constant criti- cism of the Police Chief has created a bad reputation for the Police Department causing a high percentage of resignations and turnover of Police Officers in Delray Beach. -6- 5/22/90 ll.A.7. William J. Whigham, Vice-president of South Palm Beach County Branch of the NAACP, stated the City will not continue to grow if the public officials have the type of Jim Crow, chauvinistic attitude that has been displayed. While personal ideas of racism and bigotry cannot be changed instantly, there is certainly no place for these ideas in the City government. ll.A.8. Reverend Elijah Weatherspoon, President of West Atlantic Property Association, stated the comments made by Mr. Andrews hamper the progressive efforts that they have tried to achieve in the City of Delray. Such comments are detrimental to the Western Sector and the black population, and they request that he search himself and ask if he thinks he is fit to serve the City of Delray Beach. ll.A.9. Mary Lou Jamison, President of Del Ida Neighborhood Associ- ation, wished to thank the Commission for their hard work, long hours, inventive ideas and enthusiasm. She also extended a welcome to the new City Manager. llA.10. Stanley Milosky, Allen Avenue, stated the Delray Beach Police have been commended and awarded for their endless work in trying to curb drugs and other crimes. They have made many arrests in Delray Beach and have cooperated with Federal Agents. The Mayor and Commissioners should recognize and support the Delray Beach Police, but they have criticized them constantly, and even failed to attend their recent National Honor Accreditation ceremony. ll.A.11. Richard Raab, 50 Palm Square, wished to commend the newly elected Commissioners, entirely, on doing a proficient job of operating this City since they have taken office. Mr. Andrews stated he wanted to thank everybody for coming tonight and showing all the support he has received. He supports good government, honest government, and the right to pursue the kinds of policies City Hall believes in. There are times people make comments that cannot be rebutted easily, therefore he wanted to clear "intended factual remarks." Upon that, Mr. Andrews made the following statement: "The Commission agreed, with the Assistant City Manager, that if they wanted to speak to staff they would first go to the current Assistant City Manger and get permission to go to lower echelon workers in the various fields that they were governing. I have done that every time, and any implication or accusation to the contrary is totally un- founded and disrespectful because it is not fact. Furthermore, one of the issues that began this whole thing was "goal setting". I had written proposals regarding the Personnel Department and it became the issue that brought it to where it is today. I will continue to look at the City Government. There is a good City Manager on board, and I will be supportive of him to get the kind of City Government that I have been looking for. I am sorry if a few people in City Government wish to be around here to create havoc as opposed to creating a positive environ- ment. Furthermore, until I believe, in my heart, that I have done -7- 5/22/90 something wrong, the people that know me really well know I am not going to resign." Mayor Lynch declared a recess at this time. REGULAR AGENDA 12.A. Appointment of Two Regular Members to The Board of Adjustment. The Commission is to consider appointing two regular members to the Board of Adjustment to terms ending May 22, 1993. Seat 2 and 3 appoint- ments. Dr. Alperin moved to appoint Mark Krall to the Board of Adjust- ment, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. Mr. Andrews moved to appoint Lorraine Kasper to the Board of Adjustment, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. At this time Mr. Andrews left the Commission Chambers. 12.B. Appointment of a Member to the Historic Preservation Board. The Commission is to consider appointing a member to the Historic Preservation Board to a term ending June 9, 1992. Seat 4 appointment. Mr. Randolph moved to appoint K. Wayne Campbell to the Historic Preservation Board, seconded by Ms. McCarty. Upon roll call the Commis- sion voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 12.C. Reappointment of a Member to the Historic Preservation Board. The Commission is to consider reappointing C. Spencer Pompey to the Historic Preservation Board to a term ending June 9, 1992. Mayor Lynch postponed his reappointment until the next Regular City Commission Meeting. At this time Mr. Andrews returned to the Commission Chambers. 12.C.1. Appointment of a Member to the Housing Authority. The Commis- sion is to consider appointing a member to the Delray Beach Housing Authority to a term ending July 14, 1992. Ms. McCarty moved to appoint Randee Golder to the Delray Beach Housing Authority, seconded by Mr. Andrews. Upon roll call the Commis- sion voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. -8- 5/22/90 12.D. Creation of Housing Specialist Position. The Commission is to consider authorizing the creation of a Housing Specialist position which will be responsible for implementing the Housing Element of the Compre- hensive Plan, organization of Neighborhood Improvement programs, and related neighborhood rehabilitation and revitalization functions. Approval is recommended. Ms. McCarty moved to authorize the creation of a Housing Specialist Position, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 12.E. Waiver of Height Limitations. The Commission is to consider a request from Rinker Concrete for waiver of the City Code to permit a 67'10" cement/fly ash storage silo to be built at their 1700 West Atlantic Avenue facility. Approval is recommended. Dr. Alperin moved to approve the waiver of height limitations, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 12.F. Waiver of Landscape Code. The Commission is to consider a request for a waiver to the landscape code for property located at 51 and 53 S.W. 5th Avenue to allow a reduction in the width of the peri- meter landscape strip from the required five foot depth to 2.84 feet along the south side (adjacent to driveway only) and three feet along the north side. Mr. Andrews moved to approve the waiver of landscape code, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Mayor Lynch - Yes; Ms. McCarty - Yes; Mr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: The City Manager stated his personal view would be to waive some driveway width requirements or parking requirements and keep the landscaping. Lula Butler, Director of Community Improvement, stated this existing site is an old duplex on S.W. 5th Avenue. The purchaser will be opening a beauty salon and there were a lot of code requirements that she had to come into compliance with. Given the layout of the site in the existing building, she could not meet the 5 foot perimeter landscape requirement. She has done a lot to come into compliance, therefore they are supportive of this requirement. The parking lot to be constructed in the rear of the building is not going to have 5 feet on the south side of the building to do a landscape buffer. There will be a re- duction from 5 feet to 2.8 feet on one side, and 3 feet on the other side. In reply to Ms. McCarty's comment of making a 2 foot narrower -9- 5/22/90 driveway, Ms. Butler stated that came from the Board of Adjustment for driveway requirements. It was waived from 24 to 12 feet. Mr. Randolph stated this would definitely be a major improve- ment, and hopes the Commission will consider approval. At this point the roll call was called to the motion. 12.G. Waiver of Permit Fees. The Commission is to consider a request from the Drug Abuse Foundation to waive permit fees for building, paving, radon gas, and utility permits in the amount of $7,729.80 for their new facility at 400 S. Swinton Avenue. Approval is recommended. Ms. McCarty moved to waive the building and paving fees in the amount of $1021.80, seconded by Mr. Andrews. Upon roll call the Commis- sion voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: The City Manager advised the utility fees are connection fees and if waived the City would be in violation of the bond covenants. The radon fee is levied by the State and if waived it will have to be paid by the City. The fees that the City could waive would be the permit and paving fees, which amount to $1,021.80. Ms. McCarty stated the City is working jointly with the Drug Abuse Foundation for this property, and should look to waive whatever fees are legally possible. This property is now going back on the tax rolls and the Drug Abuse Foundation will be paying the property taxes. Mayor Lynch commented the Foundation will help the City and save us quite a bit of money while helping to solve some of the drug problems. Mr. Randolph questioned what Palm Beach County has done with the request to waive fees. Jim Williams, representing the builder of the project, stated Palm Beach County, after a request submittal from the Foundation, will pay all their fees from a special fund. The County has reduced the initial amount that has to be paid from the Foundation, and the balance is going to come from another fund which will be requested of the Commission. These fees are primarily impact fees. Mr. Williams questioned if the fee could be made on a payment basis rather than coming up with the money in one lump sum. Mayor Lynch advised it could not be done because of the legality of the hookup fee with bond money. There was a consensus of the Commission to look further into another fund to reimburse the monies. -10- 5/22/90 The City Manager stated he would like to double check this information, as it was based on conversation, not on seeing actual documents. At this point the roll was called to the motion. 12.H. Acceptance of Property Deed. The Commission is to consider accepting a deed for property at 418 S.W. 5th Avenue owned by Hazel Saunders (deceased) in lieu of foreclosure on nuisance abatement/unsafe building liens in the amount of $9,164.86. Approval is recommended. Mr. Andrews moved approval of acceptance of property deed, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. Assistant City Manager Barcinski advised there are taxes due in the amount of $129.81, some being County, some being City. The City is putting forth accepting a deed in lieu of foreclosure, as this is one of the properties that has nuisance abatement liens without mortgages, or is not homestead property so that we can foreclose. The Commission's approval to accept a deed in lieu of foreclosure and to try to prevail to the estate to pay those taxes is requested. Mr. Randolph questioned whether there were any attempts by any heirs to recoup these liens. Assistant City Attorney Ruby stated she had been in touch with the heirs and their attorney, and this is the way they wish to proceed. The City Attorney advised that on an upcoming agenda there will be a reverse of this situation; the City is second behind a mortgage and they are willing to pay off $500.00 rather than the $12,000. Lula Butler advised the lot is 50 feet; the CRA may not wish to build on 50 feet, but the City will. At this point the roll was called to the motion. 12.I. Request to Purchase Property. The Commission is to consider a request from the Community Redevelopment Agency to purchase property located along the West Atlantic Avenue corridor and authorize the allocation of funding from the 1987 Utility Tax Fund. Mayor Lynch advised this item, from the Redevelopment agency, is to purchase two pieces of property, one being a gas station on the corner of 5th and Atlantic Avenue and the other being what was the old taxi stand right across the street. They don't intend to use the bond money from the 1987 utility tax, they intend to do it out of their own proceeds. The City Attorney advised this should be passed by resolution. If it is the consensus of the Commission to approve it, they could have the resolution at a special meeting prior to workshop on May 29. -11- 5/22/90 Frank Spence, Executive Director of the CRA, stated they are about to enter into negotiations for both of these properties. Under Florida law they need permission from the Commission before they can negotiate final closure. The City Attorney advised this can be approved in concept and by a consensus, and a resolution would be forthcoming. It was the consensus of the Commission to approve in concept. Mr. Randolph stated something should be done to secure the property, either by contacting the owners or by having City staff do it. Mr. Spence stated it is Chevrons' policy not to sell property, only land, and they have issued a contract to demolish the building which would be demolished whether the City bought it or not. PUBLIC HEARINGS - 7 P.M. At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. At this time Mayor Lynch stepped down and Vice-Mayor McCarty took the chair. 13.B. Ordinance No. 16-90. Ordinance No. 16-90, rezoning Delray Town Center, a 9.5 acre parcel located between the Albertson's and Shadywoods properties from POC (Planned Office Center) District to LC (Limited Commercial) District, 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 sched- uled to be held at this time. The City Manager presented Ordinance No. 16-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN LC (LIMITED COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL LYING IN SECTION 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; SAID LAND BEING LOCATED ON THE NORTH SIDE OF LINTON BOULEVARD, APPROXIMATELY 680 FEET EAST OF MILITARY TRAIL; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 16-90 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. -12- 5/22/90 Ms. McCarty stated it is her understanding that there has been some discussion between the property owners and the Homeowners Associ- ation adjacent to the property and they have reached an agreement. She requested the representatives of the Shadywoods Homeowners Association explain that agreement to the Commission, have the applicant explain more about the agreement, then hear from the City Attorney and Planning Director before going to Public Hearing. Steve Rubin, President of the Shadywoods Homeowners Associ- ation, stated an agreement has been reached with Mr. Pugliese regarding the rezoning of Parcel Phase II, and with that agreement they are in approval with the rezoning request to LC. Essentially, it comprises an eight or nine page document which will be recorded as a restrictive covenant in the public records of Palm Beach County. It encompasses restrictions on operating hours in Phase II, two different categories, one would be uses in excess of 15,000 square feet to be limited between the hours of 7:00 A.M. and 11:00 P.M. with a 60 day calendar period where they can be open until 12:00 A.M. There is another category with the rest of the uses on Phase II which will be limited from 6:00 A.M. to 12:00 A.M. In addition, if there is any use which is within 150 feet of the west end of the lake that the customer entrances and exits, it will be faced away from Shadywoods. The lighting on the property will be no more intensive than allowed on POC and shall be unidirectional, facing away from Shadywoods. The owner has agreed to construct an eight foot decorative wall from the north end to the south end of the property on the west side of the lake and it will be tapered down from eight feet to four feet from a point 160 feet north of the south boundary line. They also agreed to install a vinyl coated chain link fence from their decorative wall to the Shadywoods existing wall. The owner has also agreed that upon Shadywoods request they will plant a continuous ficus hedge from Shadywoods property at the end of the plat to form a further buffer between the Shadywoods Development and the beginning of the lake. They have also agreed to provide access to their water supply in the event there is no competition between the two sides as to the use of the water. This agreement has been signed and is ready to be recorded on the condition that the property is rezoned. If the property is not rezoned, the declarations of restrictions and covenants does not take effect. Ms. McCarty stated the conditions were between Mr. Rubin and the property owner and they were not making any decisions contingent upon this agreement. Any conditions will be appropriate for this board to add on at site plan approval. Mr. Rubin stated he represents the Board of Directors and has been authorized to speak for them. The Board has been informed through- out the whole process, which began basically at the end of March, as to the negotiations that had taken place between the owner and Shadywoods and they were pretty much fully apprised of where they stood with regard to negotiations. Last night the seven member Board of Directors, with six of the seven members present, officially voted in favor of adopting the restrictive covenants as written. Upon question by Mr. Randolph, Mr. Rubin advised the negoti- ations cannot break down because the Declaration of Restrictive -13- 5/22/90 Covenance is already signed, in his file, notarized, witnessed and if the property is rezoned this evening, the restrictions will be recorded tomorrow morning. David Schmidt, attorney representing Lakeview Golf Club, Inc., stated they likewise entered into an agreement with Mr. Pugliese, although it is not going to be a recorded declaration. They have agreed to construct a wall which is going to start at the western edge of Phase II and run along the property line to the western edge of the lake tract. This is the property line between the Lakeview Golf Course and the northern boundary of Phase II. The wall will go east to west, will be the same as the wall that Shadywoods has, and will join the wall that runs north and south along the lake. They have agreed to maintain and repair the wall on their side as long as they have access to do so. They will plant trees at 20 foot centers as opposed to 40 feet, as required on the landscape code, trees under the code which will obtain a canopy of at least 15-20 feet, and also hedging between the trees. It will be Lakeview's responsibility to maintain the landscaping that is put in. They will be obligated to construct the wall either upon a shell CO being issued for Phase I or upon commencement of Phase II, whichever is sooner. Until such time as they begin construction on the wall, they will put up a chain link fence along the southern property line of Lakeview to keep anyone from coming onto the golf course during construction. Based on this agreement, there is no objection to the rezoning. This, under the agreement is a condition of zoning and site plan approval between his client and the owner of the property. Robert Basehart, agent for the owner, stated that with respect to the project, all of the conditions that can manifest themselves in physically, have been added to the plan. They would like to rDserve the right to respond to any adverse comments the public may have. David Kovacs, Planning Director, stated the items in the agreement are site plans and hours of operation related items. The staff report on the submitted site plans have already been written, therefore some of the recommendations that have been put in printed form are different than those which are in the agreements. The Planning and Zoning Board will be reviewing the site plan to make the recommendation to the Commission on Thursday, May 24, at 7:00 P.M. They will discuss the details of the agreements as to what the staff recommendation was, and then resolve the items at that time. None of the items are such of a nature that they are going to be a major controversy. In almost all cases, there is no violation of City Code; it is just a matter of aesthetics and choice. Paul Golis, 3570 Lakeview Drive, commented about the traffic study done on this issue. One of the concerns he has is that the Kimley-Horn study refers to the traffic generation rates as a basis for saying that the traffic study is adequate under the Palm Beach County Road Impact Fee, Ordinance 89-19, which was introduced and executed in 1989 by Palm Beach County Commissioners. The ordinance references specific uses for the project. Until the site plan specifically indi- cates what type of use there will be, he questions the validity of that traffic plan. Furthermore, there was only one day, March 1, 1990, -14- 5/22/90 between the hours of 8:00 A.M. and 4:00 P.M. where there appeared to be a traffic count. On page 11 of the traffic study, it says "These improvements are needed regardless of whether the project is approved or not." In the same report, there is a reference that in 1991 there is a prediction of an 89% saturation level of traffic at the intersection of Military Trail and Linton Boulevard. During peak hours in 1991 sub- sequently Service Level E will exist unless there are other improve- ments. He questioned whether or not there is a distinction made between service roads which will improve the general area with or without additional trips being generated from this Phase II. He stated the agreement that was entered into between Shadywoods and The Lakeview Golf Association is very good. Joe Pollack, Kimley-Horn and Associates, stated all the methods, techniques, and procedures have been reviewed by the City staff, and are the same techniques and procedures utilized on a daily basis in doing traffic studies for projects within the County, which the Traffic Engineering Department reviews. The trip generation issues related to individual types of uses within the development is a valid concern, but a shopping center which normally has a multitude of diff- erent types of land uses in it, and the generation rates that are used, take all of that into account. It seems this is well covered and well documented in the literature and sources of information that have been used. The one day traffic count is a standard procedural traffic count taken by the County two days out of the year, two different times during the year, and is averaged on the same type of procedure and techniques in collecting information. The road improvements identified for 1991 is a need for improvement that should be done. All that Kimley-Horn has done is to identify what the improvements are for the intersection and the area as a whole in order to handle all the traffic. Kathi Sumrall, 60 Marine Way, former Planning Board Chairman in 1986 and 1987, stated during her tenure the petitioner was before the Board numerous times, not only for the property in question tonight, but two other parcels as well. She outlined the previous history of this parcel and advised it is important to remember that this is a zoning request only. Site plans are not tied to zoning. There are no assur- ances that what the petitioner is proposing to build will be built and that would leave only a straight LC Zoning. The Planning and Zoning Board has done an excellent job in making a proper determination of denying this request. POC is a compatible zoning for the current land use and an appropriate zoning for transition between commercial and residential. She requested that the Commission, strongly and respect- fully, uphold the Boards recommendation of denial for this rezoning. The proposed LC District would accommodate usage which is more intensive than that allowed by the POC zoning in terms of usage extending into evening hours, an overall increase in daily traffic and a greater range of uses, some of which may be inappropriate in proximity to the residen- tial area to the east. David Rixey, 325 S.E. 7th Avenue, stated he feels responsible commercial development should be supported by the community as it will help the City down the road. As a real estate professional, he believes this is the highest and best'use and should be approved. -15- 5/22/90 George Anderson, resident, questioned what zoning in Delray Beach means. In 1986 a commitment was made to the residents of that area that that piece of property was going to be maintained as POC zoning; the staff has said there is nothing wrong with maintaining that zoning. He feels the City Commission has a real obligation to think of their commitment to the City without creating any more problems. G.P. Martell, resident, stated he also represents the Shadywoods Homeowners Association whose property abuts to the applicants property. The people of the Board of Shadywoods Homeowners Association find this agreement acceptable and they feel reasonably comfortable with this agreement. The public hearing was closed. Upon question by Mr. Randolph, Mr. Rubin stated there was never any special membership meetings to consider the proposals, although at various Board Meetings, attended by 30-40 of the residents, there was a consensus to resolving the issue in this manner. There have been several Board Meetings in which the individual items were discussed, and the declaration was prepared. Some individual homeowners are objecting, but the majority of the owners think this is a reasonable solution to the issue at hand. Upon question by Mr. Andrews, the City Attorney advised the Shadywoods Homeowners Association would seek enforcement of the re- strictive covenant that has been placed on the land if the developer doesn't build the wall where it is agreed it will be built. Mr. Andrews moved for the adoption of Ordinance No. 16-90 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - No; Vice-Mayor McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 3 to 1 vote. Mayor Lynch returned to the Commission Chambers at this time. 13.C. Ordinance No. 17-90. Ordinance No. 17-90, designating the "Scott House" located at 19 Andrews Avenue as an Historic site for entry into the Local Registry for Historic Places, 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. 17-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE PROPERTY KNOWN AS THE SCOTT HOUSE LOCATED AT 19 ANDREWS AVENUE, WHICH IS MORE PARTICULARLY DESCRIBED AS THE NORTH 50 FEET OF THE WEST 110 FEET OF THE SOUTH 100 FEET, LESS THE WEST 10 FEET OF BEACH LOT 15, SUBDIVISION OF THE FRACTIONAL EAST HALF OF SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY -16- 5/22/90 BEACH, PALM BEACH COUNTY, FLORIDA, AS A LOCAL HISTORIC SITE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN OVERLAY MANNER, SAID DESIGNATION; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 17-90 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. At this time Mr. Andrews left the Commission Chambers. Ms. McCarty moved for the adoption of Ordinance No. 17-90 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 13.D. Ordinance No. 18-90. Ordinance No. 18-90, amending the disability provisions of the Police and Firefighter Pension system to provide that disability benefits shall be reduced by workers' compensation benefits to the extent such benefits when added to the member's disability retirement benefit exceeds the member's average monthly earnings on the date of disability, 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. 18-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.62, "BENE- FIT AMOUNTS AND ELIGIBILITY", SUBSECTION (E), °DISABILITY RETIREMENT PROVISIONS"' SUBSECTIONS (5) AND (7), TO PROVIDE THAT DISABILITY BENEFITS SHALL BE REDUCED BY WORKERS' COMPENSATION BENEFITS TO THE EXTENT SUCH BENE- FITS WHEN ADDED TO THE MEMBER'S DISABILITY RETIREMENT BENEFIT FROM THE SYSTEM EXCEED THE MEMBER'S AVERAGE MONTHLY EARNINGS ON THE DATE OF DISABILITY; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 18-90 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 -17- 5/22/90 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. 18-90 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. Mr. Andrews returned to the Commission Chambers at this time. 13.A. Comprehensive Plan Amendment 1990-1. The Commission is to consider transmittal of the Comprehensive Plan Amendment 1990-1 to the Department of Community Affairs. 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. The City Manager advised the State requires there be a public hearing which prepares the plan for permission to go to the next step, which is another public hearing. David Kovacs stated the action for adoption will occur after all the other review comments are gathered. The purpose of this meeting is not to vote something up or down, but to see whether or not it has merit to go forward to the State for its review. This is an awkward amendment; there is a lot of different information in it and it's not put together in it's cleanest form. Mr. Kovacs advised that at the beginning of the year the plan was formally adopted and certified by the State; it had already been one year old. During that ensuing year there was a budget approval which did not contain all the resources to get the plan going on full imple- mentation; there were some changes in philosophy and direction in which the plan was examined in order to see what could be eliminated to make the minimal document. The Decade of Excellence Bond Issue was approved by the voters and after its approval the staff then began to lay out the specific program and time schedule for implementation of the many projects that were there. There had to be some revisions and fine tuning to the five year schedule improvements. This is a very brief background of some significant items that have been done in implementing the plan to show that it is being used and it is a guideway for the City to follow. The Citizen's Task Team that was put together went all the way through the plan once, reading every policy to see which policies should be eliminated and then wen% back to the plan after reviewing the status that various departments have made on accomplishing some of the policies to see if policies should be reworded or if new times should be put in place with a recommendation of the new time frames. The other parts of the changes are to Chapter 4, which is Requirements for Capital Improve- ment Implementation. That chapter had to be rewritten to change the wording from "there is going to be a bond issue" to "there has been a successful one." The five year schedule had to be changed to reflect -18- 5/22/90 the new ones. These changes are not significant in altering priorities; it is mainly for providing for design, acquisition and construction over a three year period. The consideration on how to finance, how many bond issues are needed, and how much money is required within the first two years, was another factor for the scheduling. There are 23 changes to the Land Use Map which came about as a result of doing the Land Develop- ment Code and changing the zoning on every parcel of land per the proposed code. The staff did a check to see if any of these zonings were inconsistent with the plan. In cases where neighborhoods were identi- fied as low density on the plan, realistically the density was 7 or 8 units per acre, classifying it as medium density. The Land Use Plan is being changed to reflect an existing situation which is 90% of the changes. There are a few changes that deal with undeveloped land and three of the changes deal with school site changes. The biggest policy related item is a recommendation, both from the Task Team and the Plan- ning and Zoning Board, that the policy of LC zoning being consistent with a transitional Land Use designation be eliminated from the plan. The Planning and Zoning Board were supportive of the need for hurricane shutters, but felt that the overall cost of $200,000 was an inappro- priate cost. If this is acted on and sent to the State this evening, the review comments and the document will be back at the beginning of September in order to have formal public hearings concurrently with the receipt of the budget. Ms. McCarty moved for approval of the Comprehensive Plan Amendment 1990-1 to the State, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. At this time the Commission returned to the Regular Agenda. 12.J. Placement of Historic Marker on Municipal Beach. The Commis- sion is to consider a request to place an historic marker on the Munici- pal Beach commemorating the sinking of the S.S. Inchulva. Denial is recommended. The City Attorney advised that there has been a request to place, as an historic site on the City Beach, a sign to memorialize the designation of the S.S. Inchulva, known as the Delray Wreck. There is not a great deal of liability with respect to a sign. The draft of this particular sign is inaccurate and causes concern in that it states the Delray Wreck lies at the south end of Delray's Municipal Beach within beach limits. It is beyond the municipal beach and that area is not guarded. His concern is whether or not the sign can be amended or changed to say it is just beyond the south end of the municipal beach. Mayor Lynch questioned if there could be a plaque added to the sign stating this is not within the City Beach jurisdiction and diving is not encouraged. Upon question by Dr. Alperin, the City Attorney advised diving from the beach is prohibited by rule, regulation, and maintenance, not by an ordinance; however, this particular wreck is beyond the municipal -19- 5/22/90 beach so people can go out there and dive. The City is not guarding them and is not responsible for them. Ms. McCarty stated she was quite distressed to read that be- cause of liability issues they couldn't put this sign up, but was glad to see that there is a way to compromise on this. Her suggestion is to do something tasteful that would add to the sign and compliment it. John Johnson, Palm Beach County Preservation Board, stated to use the term "off shore" is generic enough and nonspecific enough to mean off the shore of the beach. His submission is that the marker is not invitational, it is informational. It doesn't encourage tres- passing, salvage or vandalism of any kind. Mayor Lynch stated he agreed with Mr. Johnson, but due to law suits today, it would be wise to put some acceptable language on the sign. Ms. McCarty moved to place the historical marker on the des- ignated spot on the beach, with an additional plaque to be worked out with the City Manager's office and the City Attorney's office, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. 12.K. Approval of Short-list and Selection of Architect. The Commis- sion is to approve a short-list for architectural services for the Decade of Excellence Parks Projects and authorize staff to negotiate a contract with the first ranked firm or subsequently, with either the second or third ranked firm until an agreement is reached. Approval is recommended. Mayor Lynch stated this is in reference to three projects, Veterans Park, Currie's Common and Miller Field. Assistant City Manager Barcinski stated the direction as he understood it from the Commission, was to split this, but also for staff to come back and give a recommendation, either in a split or in a combined bid. Staff went back, interviewed all the firms and then came back with a recommendation. Dr. Alperin stated he was under the impression they would see a possibility of dividing it two or three ways and having the short-list down to three without ranking. Mayor Lynch questioned, if there was no urgency, could it be redone. Ms. McCarty suggested the candidates come back with their presentation at a workshop type setting, and then a decision will be made at the regular meeting. Her concern is the fact that it was ranked. The process that was used was a good objective process, but the choice of the people on the selection committee is in question. -20- 5/22/90 Dr. Alperin questioned what criteria was used to differentiate; what were their presentations like. He would have liked to have seen something which reflected this decision. If they are taking respon- sibility for the citizens of the City, there should be better backup material. Mayor Lynch commented there may have been a misunderstanding, and better direction should be given to the staff on how it should be handled. Assistant City Manager Barcinski stated the selection committee went through the interview process by meeting with all of these people, listened to their presentations and did a ranking in various areas. Ms. McCarty and Dr. Alperin commented that they would like to see presentations. Mr. Andrews questioned whether or not he should vote on any of them as he works with three of the firms and questioned when he steps down if he can make a comment as a public citizen. Assistant City Attorney Ruby advised as long as he didn't vote, whether he chose to do that or not, for appearance sake it is a matter for his own discretion. She will be discussing this issue further with Mr. Andrews. Mr. Randolph suggested prior to the candidates coming in, the Commission should take a look at what they have done in the local area in order to be better prepared for the presentations. Mayor Lynch stated there will be a special workshop within the next two to three weeks and the City Manager will contact them for a time. 12.L. Fourth of July Celebration. The Commission is to approve the budget for this years Fourth of July celebration and award bid for a firework display to Ohio Fireworks in the amount of $15,000. Funding is available in the Commission's Special Events (Account No. 001-1111- 511-33.81). Approval is recommended. Assistant City Manager Barcinski stated staff did an analysis of the bids received. Bids were asked on $15,000 and $20,000 programs. The entire budget for the Fourth of July is $25,000. In reviewing the bids, two companies came close together; Ohio Fireworks and Zambelli. His recommendation, based on budget constraints, is to go with the $15,000 show and the firm being recommended is Ohio, which is the firm that had the show last year. Ms. McCarty stated the show last year was horrible. Mr. Andrews agreed stating the fireworks were not up to caliber and he hopes the Fire Marshall is directed to get the barge within some visual range of the beach for this years show. -21- 5/22/90 Ms. McCarty stated the price is low enough to give Zambelli a chance; Ohio just has not done the job. Joe Weldon, Director, Parks and Recreation, stated there is no difference in price. They both bid on a $15,000 and $20,000 show. His recommendation was based on the fact that Ohio offered a total of 1,897 shells, however, 58% of their shells, or 1,097 were 3 inches or larger in size. Zambelli offered 10 more total shells, but only 867 of their shells or 45.4% were over 3 inches in size. Ms. McCarty moved to approve Zambelli for the the Fourth of July Celebration, seconded by Mr. Andrews. Upon roll call the Commis- sion voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 12.M. Resolution No. 53-90. Resolution No. 53-90, supporting Palm ~each County School Board's proposal to purchase property located near the southeast corner of Linton Boulevard and Military Trail for the purpose of constructing a new elementary school (Elementary School "S"), is before the Commission for consideration. The caption of Resolution No. 53-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE APPROVAL AND ACQUISITION OF A SITE LOCATED NEAR LINTON BOULEVARD AND MILITARY TRAIL FOR PROPOSED ELEMENTARY SCHOOL "S". (Copy of Resolution No. 53-90 is on file in the official Resolution Book) Tom Fleming, Chairman of the Education Board for the City, stated this item is an adoption of a resolution in support of a School Board item. The School Board will be asked to authorize Chairman of the Superintendent to proceed and investigate a total of five sites located generally in the southeast corner of Linton Boulevard and Military Trail. They are simply looking for 20 feasible acres within the total amount of acreage. The staff has brought it to this point and needs to get the School Board's authorization to proceed with further investi- gations to narrow down the property and select the 20 acres they like. The Education Board of the City reviewed the sites and unanimously supports this general area for the location of the new Elementary School "S". The location is within the parameters adopted by the City and the School Board in the Task Force Consensus Statement of November last year. They are seeking the Commission's approval of the resolution, and he would be authorized as Chairman of the School Board and emissary of the Commission to read the resolution into the School Board record at their regular meeting tomorrow night, simply providing them with ex- pressed encouragement and support to proceed. There is one textural change he would like to make. In the resolution, section 1, the very last paragraph, he would like to insert between the word near and the word Linton, the words "the southeast corner of" which is simply being -22- 5/22/90 very specific about which corner of the intersection that is being talked about. Mr. Randolph moved approval of Resolution No. 53-90 with the requested change, seconded by Dr. Alperin. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 12.N. Approval of Fleet Maintenance Superintendent and Clerk Typist II Positions. The Commission is to consider approval of a Fleet Mainte- nance Superintendent position in the Garage and Clerk Typist II position in the Public Works. Funding for these positions is available for salary savings from the Public Works Director position. Approval is recommended. Assistant City Manager Barcinski stated the Public Works Director served the function of the Fleet Maintenance Superintendent as well as directing day to day supervision for the City garage. When the Public Works Director resigned in December that left that department without direct supervisory coverage on a day to day operation for the garage. A mechanic was moved to handle that function; however, there was no budgeted position for a Fleet Maintenance Superintendent. That position is needed for the day to day supervision of that division. The request is to approve that budgeted position and go back and retro- actively pay the individual who has been serving in that capacity. The second position is a request for a Clerk Typist II in the Public Works Department. Again, with the beginning budget there was an Administra- tive Assistant II position in the Public Works Administrative Division. When the Commission made some budget amendments in January and February that position was removed as there was no Public Works Director on board and the money was alleviated from that position. The Engineering Department provided some backup secretarial support. With the move of the Engineering Department into the new wing, there is a need for that additional Clerk in Public Works who will help with the base radio, the telephones and the general secretarial work for all the Public Works Divisions. This will be putting the position back in that department at a lower grade. The City Manager stated he was particularly concerned about getting the Fleet Maintenance Superintendent as there is a lot of money invested in the fleet and no person overseeing the maintenance. Upon question by Dr. Alperin, Assistant City Manager Barcinski stated the Fire Department has their own maintenance and some of it is farmed out. The decision in the past has been to keep that as a separ- ate operation due to a lot of the technical requirements with the pumping systems and the type of maintenance items with the fire trucks. Dr. Alperin moved to approve the Fleet Maintenance Super- intendent and Clerk Typist II positions, with retroactive pay, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. -23- 5/22/90 16.A.1. Dr. Alperin stated he would like to personally welcome the new City Manager. 16.A.2. Dr. Alperin questioned the standing and enforcement of the golf course. He would like to know the status. 16.A.3. Ms. McCarty stated the City Attorney had advised the Unity of Title regarding Pelican Harbor could have been done in a matter of hours, and would do nothing to red tag this project. There is still no Unity of Title and the Building Department did red tag that project. The attorney of the Homeowners Association sent a letter listing a number of concerns, one of which is that the Homeowners are trying to finish a wall surrounding their community, but the Fire Marshall said they cannot put a wall up as there will be no way to fight a fire on the docks. When the permit was given for these docks there should have been an access discussed with each property owner. The Homeowners Association is outraged that they cannot continue a wall that goes around their community for security purposes. Her hope is there be no more construc- tion until this matter is resolved. 16.A.4. Ms. McCarty stated that on May 21, 1990, six men beat and robbed a victim down the street from the Police Department, which is not a very subtle situation in the middle of downtown. Being this close to the Police Department there should not be these kinds of events. 16.A.5. Mr. Randolph officially welcomed the City Manager . 16.A.6. Mr. Randolph requested the City Manager to take a look into the disrepair of sidewalks in the City. Waste Management is driving over the sidewalks to get access to the garbage containers. 16.A.7. Mr. Andrews commented that a UPS driver had been beaten while driving through the City. Hopefully the Police Department can work with these service people to insure them some protection. 16.A.8. Mr. Andrews advised Lavers Tennis Court is set for the docket this month. 16.A.9. Mr. Andrews welcomed the City Manager. He is delighted to have him here and is eagerly looking forward to working with him. 16.A.10. Mr. Andrews thanked the citizens and personal friends for the support he has received in light of the actions taken against him. 16.A.11. Mayor Lynch requested the Department Heads to come to the next Regular Commission Meeting to be formerly introduced to the City Manager and to discuss the procedures for operation which was discussed at the goal setting session. 16.A.12. Mayor Lynch stated with regard to the Mayfair Town Center, the decision is being made in Tallahassee and he directed the City's lobby- ist to check into it and have it on the next agenda. -24- 5/22/90 16.A.13. Mayor Lynch welcomed the City Manager, wished him a long tenure in Delray and stated he is looking forward to working with him. 16.B.1. The City Attorney had no comments. 16.C.1. The City Manager stated a memo was sent today directing the departments to stop using legal size paper. Thirty-six Court systems are utilizing this and it will be formally stopped by January 1, 1991. This will take effect immediately within the City. Mayor Lynch declared the meeting adjourned at 8:40 P.M. City CleWk ! 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 May 22, 1990, which minutes were formally approved and adopted by the City Commission on ~/~,o~ /J /~ ~ City ~erk / 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. -25- 5/22/90