08-14-90 AUGUST 14, 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 6:03 P.M., Tuesday, August 14, 1990.
1. Roll call showed:
Present - Commissioner Jay Alperin
Commissioner Mary McCarty
Commissioner David Randolph
Mayor Thomas E. Lynch
Absent - Commissioner William Andrews
Also present were - City Manager David T. Harden and
City Attorney Jeffrey S. Kurtz
2. The opening prayer was delivered by Reverend Gregory A. Brown,
First Alliance Church.
3. The Pledge of Allegiance to the flag of the United States of
American was given.
4. Ms. McCarty requested that Item 8.D. be moved from the Consent
Agenda and placed at the end of the Regular Agenda as Item 9.0. The
City Attorney requested that Item N.5. on the Consent Agenda be moved to
the end of the Regular Agenda as Item 9.P., for the purpose of trans-
ferring Water and Sewer Revenue Bonds to pay for Aero-Dri expenses and
deleting the Award of Contract to Poole and Kent.
Ms. McCarty moved for approval of the Agenda, as modified,
seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes;
Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote.
5. Mr. Randolph moved for approval of the Regular Meeting minutes
of July 24, 1990 and Special Meeting minutes of July 17 and July 31,
1990, seconded by Ms. McCarty. Upon roll call the Commission voted as
follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms.
McCarty - Yes. Said motion passed with a 4 to 0 vote.
6. Proclamations. None.
7. Presentations. At this time Mayor Lynch announced the presen-
tations would be made at a later time, due to the absence of those
persons involved.
CONSENT AGENDA
8. The following items were considered by the Commission as the
Consent Agenda:
8.A. Final Plat Approval. The Commission is to consider approval of
a request for final plat for Tract E, Delray Park of Commerce, located
at the northeast corner of Lake Ida Road and Congress Avenue. Approval
is recommended.
8.B. Acceptance of Right-of-Way Deed. The Commission is to consider
accepting a right-of-way deed, which dedicates 25 additional feet of
right-of-way, for property located on S.W. 7th Avenue between S.W. 3rd
and 4th Streets. Approval is recommended.
8.C. Request for Administrative Relief. The Commission is to
consider approval of a request for administrative relief from Leisure
Landscaping to provide four compact car parking spaces. Approval is
recommended.
8.E. Ratification of South Central Regional Wastewater Treatment and
Disposal Board Capital Budget. The Commission is to consider ratifying
the SCRWTD Board action approving Capital Expenditures for fiscal year
1990-1991 in the amount of $89,835, with expenditures to be assessed 50%
to Boynton and 50% to Delray Beach.
8.F. Authorization to Submit a Grant Application. The Commission is
to consider authorizing staff to submit a grant application to the Solid
Waste Authority for grant funding in the amount of approximately $50,000
to expand the recycling and related educational programs. Approval is
recommended.
8.G. Change Order No. 3. The Commission is to consider approving
Change Order No. 3 to the contract between the City and Data Flow
Systems, Inc., in the amount of $9,160 for additional software for pump
station inventory control package. Funding is available in Lift Station
Telemetry (Account No. 441-5162-536-60.36). Approval is recommended.
8.H. Final Payment Request. The Commission is to consider approval
of a final payment request to Southern Pipeline, Inc., in the amount of
$15,034 for completion of manhole repair and drop connection replacement
in the Shadywoods Subdivision. Funding is available in Sewer System
Rehab (Account No. 441-5163-536-60.73). Approval is recommended.
8.I. Sale of Police Canine. The Commission is to consider approval
of a request to sell retired Police Canine Lobo to Sgt. Officer McCollom
for $1.00. Approval is recommended.
8.J. Sale of Police Canine. The Commission is to consider approval
of a request to sell retired Police Canine Yety to Officer Thompson for
$1.00. Approval is recommended.
8.K. Sale of Police Canine. The Commission is to consider approval
of a request to sell Police Canine Sollo to Sgt. Williams for $900.
Approval is recommended.
8.L. Resolution No. 72-90. Resolution No. 72-90, authorizing staff
to apply for grant funding under the County Emergency Medical Service
Surcharge Award Program, is before the Commission for consideration.
Approval is recommended.
The caption of Resolution No. 72-90 is as follows:
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, REQUESTING A PRO-RATA SHARE OF THE COUNTY
EMERGENCY MEDICAL SERVICE SURCHARGE AWARD PROGRAM FUNDS.
(Copy of Resolution No. 72-90 is on file in the official
Resolution Book)
8.M. Resolution No. 73-90. Resolution No. 73-90, assessing costs
for abatement action required to remove nuisances on 38 properties
throughout the City, is before the Commission for consideration.
The caption of Resolution No. 73-90 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; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVID-
ING 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 ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE OF LIEN.
(Copy of Resolution No. 73-90 is on file in the official
Resolution Book)
8.N. Award of Bids and Contracts.
1. Rainbow Homes Drainage Improvements - A.O.B. Underground,
Inc., in the amount of $74,650 with funding from Rainbow Homes
Utility Tax Bond (Account No. 333-3161-541-61.13).
2. S.E. 1st Street Drainage Improvements (installation of
drainage and transmission water mains) - Johnson-Davis, Inc.,
in the amount of $170,150 with funding from Decade of Excel-
lence Bond - S.E. 1st Street Drainage (Account No.
225-3161-541-61.41).
3. Gasoline and Diesel Fuel - Gulf Division, MP Oil Company
in the amount of $151,580 with funding from various department
budgets - Gas, Oil and Lube line items (Account No.
XXX-XXXX-XXX-35.51). It is also recommended that Coastal Fuels
Marketing and Port Petroleum be designated as backup (alter-
nate) vendors in case BP Oil Company is not able to deliver the
product.
4. One (1) Vibratory Asphalt Roller - Streets Maintenance
Division - L.B. Smith, Inc., in the amount of $21,925 (Palm
Beach County Bid) with funding from Traffic Operations Automo-
tive (Account No. 334-3141-541-60.84).
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Ms. McCarty moved for approval of the Consent Agenda, 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.
REGULAR AGENDA
9.A. Lake Ida Road Widening Schedule. The Commission is to consider
conducting a public hearing on concerns and consequences of the Lake Ida
Road widening project.
Mayor Lynch stated the County has announced they do not have
sufficient funds in the budget to complete some of the road improvements
and, since plans are to begin work soon on Atlantic Avenue, he suggests
this take precedence over the Lake Ida Road project (west from Congress
Avenue to Military Trail). If the Commission concurs, he feels a letter
should be sent to the County Commission requesting that they take this
under consideration or drop it as a done deal. Upon question, David
Kovacs, Planning Director, stated he feels this is a City Commission/-
County Commission policy matter and recommends that a City Commissioner
be selected to be the spokesman on this issue, as opposed to a staff
person.
Ms. McCarty stated she agrees with deferring the widening of
Lake Ida Road until the consequences are learned in the widening of
Atlantic Avenue. Mr. Randolph agreed that it could be a tragedy if both
thoroughfares are under construction at one time. Dr. Alperin stated he
endorses the sending of the letter.
Mr. Randolph moved to endorse the letter and appoint Mayor
Lynch as spokesman to deal with the County Commission, seconded by Ms.
McCarty. 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.
9.B. Waiver of Purchasing Ordinance. The Commission is to consider
waiving Purchasing Ordinance provisions to allow the pro shop at the
Municipal Golf Course to purchase items for resale without going through
the competitive procurement process. Approval is recommended.
The City Attorney advised this must be an emergency item, as
there was no time to advertise and ongoing purchases are being made.
Ms. McCarty moved for the emergency nature of this waiver,
seconded by Dr. Alperin. Upon roll call the Commission voted as fol-
lows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr.
Randolph - Yes. Said motion passed with a 4 to 0 vote.
Ms. McCarty moved for approval of the waiver, seconded by Mr.
Randolph. Upon roll call the Commission voted as follows: Ms. McCarty
- Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said
motion passed with a 4 to 0 vote.
9.C. Implementation of Stormwater Utility Program. The Commission
is to consider a proposal from Gee and Jenson to set up and administer
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the Stormwater Utility Program at a cost of $16,000. Approval is
recommended.
The City Manager stated the City continues to need help in the
area of the Stormwater Utility Program due to the fact that vacancies
remain in the positions of City Engineer and Director of Public Works.
This proposal from Gee and Jenson will provide the City with interim
help in getting the system in operation.
Mayor Lynch expressed a concern regarding only one presentation
at a Public Workshop and suggested there might be one meeting during the
day and a second at night to ensure that all the public might have an
opportunity to attend. The City Manager commented if Gee and Jenson are
required to attend for an additional presentation, there will probably
be an additional cost depending on the amount of time spent.
Richard Staudinger, P.E. with Gee and Jenson, stated specific
tasks with specific hours were submitted for Engineer, Designer and
Project Manager for each item in the scope of services and that the City
will be billed on an hourly basis. They will also supply a video tape
of a Stormwater Utility program, drafts of letters explaining what it
is, what the assessment is for and how improvements funded by the
Utility will help the City.
Dr. Alperin expressed concern with Scope Item No. 7 to direct
one Public Workshop, which comes to a total amount of $1900, and there
is no explanation for the titles representing these hours needed. Ms.
McCarty suggested this be submitted to the Neighborhood News to inform
homeowners associations that this presentation will be available. The
City Manager advised the City has not committed that amount of money,
but represents an estimate and they will be paid only for the number of
hours actually used. Mr. Staudinger stated he will check the scope item
and inform the City Manager as to what the estimated hours were for.
Dr. Alperin moved to approve the proposal at a cost not to
exceed $16,000, subject to review of Item No. 7 by the City Manager,
seconded by Ms. McCarty. Upon roll call the Commission voted as fol-
lows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms.
McCarty - Yes. Said motion passed with a 4 to 0 vote.
9.D. Compatibility of Outbuilding. The Commission is to consider
determination of whether the outbuilding proposed at Delray Town Center,
Phase I, is compatible with the balance of the development.
Ms. McCarty moved to approve the determination that the out-
building is compatible with the shopping center, seconded by Mr. Ran-
dolph. Upon roll call the Commission voted as follows: Mr. Randolph -
Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - No. Said
motion passed with a 3 to 1 vote.
Before roll call the following discussion was had:
Dr. Alperin stated his concern remains that, in this case,
there are three requirements of compatibility and this outbuilding does
not meet with one of those. Despite the fact that the outbuilding is
more attractive than the shopping center, he feels that it could still
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be made compatible while remaining attractive. His concern lies with
the two remaining out parcels and the possibility of a request for an
allowance in another area. He feels this destroys the purpose for the
ordinance being adopted originally. Mayor Lynch stated he feels the
Commission will be penalizing an applicant for doing better than the
proposal called for.
At this point the roll was called to the motion.
9.E. Release of Nuisance Abatement Liens. REMOVED FROM THE AGENDA.
9.F. Request for Waiver. The Commission is to consider approval of
a waiver of the seven foot height restriction on free-standing signs for
Bennett Auto Supply which would allow them to raise an existing sign to
9'6" and improve traffic visibility at N.E. 3rd Street and Federal
Highway. Approval is recommended.
The City Manager stated there is a vision obstruction for
traffic on the highway with a seven-foot height limit.
Upon question by Dr. Alperin regarding a repositioning of the
sign, Lula Butler, Director of Community Improvement, stated there is no
other possible location allowed by Code. The sign was reviewed for
sight distance problems and the problem exists with N.E. 3rd Street as
traffic enters Federal Highway.
Dr. Alperin moved for approval of the waiver, seconded by Mr.
Randolph.
The City Attorney stated there is nothing in the Sign Code that
sets up an appellate procedure, so an emergency nature must be approved.
Dr. Alperin withdrew his motion, Mr. Randolph withdrew his
second.
Ms. McCarty moved to approve an emergency situation, 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.
Dr. Alperin moved for approval of the waiver of the Sign Code
for the Bennett Auto Supply Store permitting it to be raised to nine
feet six inches at the present location, seconded by Ms. McCarty. 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.
9.G. Fire Station No. 1 Relocation. The Commission is to consider
authorizing staff to obtain surveys and title searches on the properties
proposed as the site for relocation of Fire Station No. 1, identify a
funding source to support this activity, designate outside counsel and
identify the acquisition funding source relative to this project.
The City Attorney stated this item is to specifically designate
a funding source to pay for title searches and surveys and the retention
of the firm of Vance and Doney, P.A., to handle the condemnation that is
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contemplated. A resolution is not on the agenda, because exact legal
descriptions are needed which require the survey of individual lots.
The City Manager stated that Chief Koen has indicated that
portions of the administrative space could be put into the second phase
of the project at a savings of $229,500. Funds can be made available
from the General Fund to the Water and Sewer fund from the sale of the
Miller Park water tank site. It is his recommendation to authorize
payment of these costs from the proceeds of the Bond Issue to begin the
process of acquiring land. The important part of this project is to get
the operational portion of the fire station into adequate modern quar-
ters on the site and the administrative space can be added as funds
become available.
Upon question, the City Attorney stated that property negotia-
tions have not started, as yet, but the commencement of that would
authorize the title search and the surveying of the property to identify
the properties, according to their correct legal description, and learn
who the correct owners are. At that point in time, a resolution would
be submitted for Commission consideration.
Mayor Lynch requested permission to go before the CRA and
discuss the possibility of getting them to help, financially. Ms.
McCarty suggested the Commission hold a joint workshop with the CRA.
Lecita Dozier, representing Alice Jones Robinson, expressed
concerns regarding the time frame involved with the acquisition of the
property. The City Attorney advised the property acquisition could take
place as soon as 30 days from today, assuming funding is available. He
suggested Ms. Dozier contact his office tomorrow morning.
Ms. Dozier also questioned how compensation will be determined.
The City Attorney advised that the City cannot down zone property to
make it easier for the property to be acquired, so he is recommending
that the Commission not enact a rezoning ordinance until such time as it
is decided how much property needs to be acquired.
Ms. McCarty moved for approval to proceed with the acquisition,
authorize the identified funding sources as stated and retain outside
Counsel of Vance and Doney, P.A., seconded by Dr. Alperin. Upon roll
call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin -
Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4
to 0 vote.
The City Manager advised he would schedule a joint meeting with
the CRA.
9.H. Expansion of the Neighborhoods Task Force. The Commission is
to consider the appointment of additional members to the Neighborhoods
Task Force.
Mayor Lynch stated he feels, in order to cover the entire City,
he is requesting the addition of four positions, one member from each of
the following:
President of the Chamber of Commerce
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Director of CRA
Historical Society Member
Outside person (Recommended James Johnson)
Mr. Randolph also suggested that some of those persons who
served on the Atlantic Avenue Task Force might be able to provide
assistance, not as members, but as a participant in helping to get
started.
Ms. McCarty moved to approve the expansion of the Neighborhoods
Task Force, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch -
Yes; Ms. McCarty - Yes. Said motion passed with a 4 to 0 vote.
9.I. Expiration of Membership on Advisory Boards/Committees. The
Commission is to consider providing direction regarding the expiration
of memberships on advisory boards/committees and determine action
required by those individuals currently serving on those boards/-
committees.
Mayor Lynch stated it is his understanding that the boards
involved are as follows:
Board of Adjustment
Planning and Zoning Board
Community Appearance Board
Historic Preservation Board
He further stated those appointments should be made at the next Regular
Commission meeting on August 28th. The City Attorney questioned, with
respect to the appointments, if current members of the Boards are
eligible for reappointment to the same Board or the equivalent. The
Commission concurred that this is true and those persons are invited to
apply. Mr. Kovacs questioned if it is the position of the Commission,
with respect to dissolution of the existing Boards, that they be dis-
solved and a new Board appointed, which will be contained in the enact-
ing ordinance. The City Attorney advised that the LDRs are repealing
the chapters that authorized those Boards. The City Manager stated the
Charter requires a P&Z Board and the ordinance states how it will be set
up.
Mr. Kovacs requested clarification that the Commission is not
seeking voluntary resignations, but simply informing each of these
members, upon the adoption of the LDR's, that the Board on which each is
currently serving, is dissolved and reconstituted. He further ques-
tioned if members will be appointed on August 28th to take effect at the
time the Code becomes effective. The Commission confirmed that is
correct.
9.J. Settlement Offer. The Commission is to consider an offer of
settlement in the amount of $4,000 to settle pending, City-initiated
litigation against Mason Equipment - Elgin Manufacturing. Acceptance is
recommended.
The City Attorney stated the City is the plaintiff in this case
and will be receiving the $4,000. This street sweeper originally cost
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$67,000 and, through the City's self-insurance program, there is an
argument to be made showing whereby the City has recovered the bulk of
that amount and he feels there is no reason to pursue this further.
Dr. Alperin moved for approval of the $4,000 settlement,
seconded by Mr. Randolph. 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.
At this time the Commission returned to the Presentation
portion of the agenda.
7. Presentations.
7.A. Delray Citizens for Delray Police Award of Scholarships to
Kirsten Herndon and Kathryn Henriques.
Dr. Andre Fladell, Director of Delray Citizens for Delray
Police, stated it is their policy to present yearly scholarships to the
children of Delray Beach Police Officers and he is presenting two of
those tonight. He presented a check in the amount of $500 to Kathryn
Henriques, daughter of Captain Henriques. Captain Henriques came
forward to accept the check on behalf of his daughter and expressed
their thanks to the Delray Citizens for Delray Police.
Dr. Fladell stated the second and three-time recipient goes to
Kirsten Herndon. Ms. Herndon accepted the award and thanked the Delray
Citizens for Delray Police.
7.B. Proclamation recognizing the efforts of the Residents of Del
Aire Country Club in conjunction with the Delray Citizens for Delray
Police for their support of the City of Delray Beach Police and Fire
Departments.
Dr. Fladell stated this presentation goes to the community of
Del Aire. This community holds an annual golf tournament and it was
their request that the revenue raised at this event was to be given to
the Fire Rescue and Police. $20,000 was raised and they presented
profits of $7,000 each to the Fire Rescue and Police Departments. Major
Cochrane presented a plaque to Jay Felner, President of the Del Aire
Country Club, who expressed his thanks, along with the desire to repeat
this revenue gesture again next spring.
At this time Mayor Lynch presented a proclamation to Mr.
Felner, expressing the City's thanks to the community of Del Aire.
7.C. Delray Citizens for Delray Police Fourth Annual Labor Day
Police Challenge.
Dr. Fladell announced that at 12:00 noon on Labor Day on the
beach, the yearly sporting competition will take place between the
Police Departments of Delray Beach, Boca Raton, Boynton Beach and the
Palm Beach County Sheriff's Office. He gave a detailed description of
the many events and contests, including the monetary prizes to be
awarded and extended an invitation to everyone.
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PUBLIC HEARINGS
At this point, the time being 7:00 P.M., the Commission moved
to the duly advertised Public Hearings portion of the agenda.
10.A. Ordinance No. 28-90. Ordinance No. 28-90, amending the Zoning
Code to provide for the creation of an Old School Square Historic Arts
District (OSSHAD), 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. 28-90:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND
USAGE", CHAPTER 173, "ZONING CODE", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
ENACTING A NEW ZONING CLASSIFICATION, "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT", PROVIDING FOR SECTION
173.405, "PURPOSE AND INTENT", SECTION 173.407,
"ACCESSORY USES AND STRUCTURES PERMITTED", SECTION
173.408, "CONDITIONAL USES AND STRUCTURES ALLOWED",
SECTION 173.409, "REVIEW AND APPROVAL PROCESS",
SECTION 173.410, "DEVELOPMENT STANDARDS", SECTION
173.411, "SUPPLEMENTAL DISTRICT REGULATIONS", AND
SECTION 173.412, "SPECIAL REGULATIONS", ALL PROVIDING
FOR THE ESTABLISHMENT OF THE DISTRICT BY SETTING FORTH
THE PURPOSE AND INTENT, DELINEATING PRINCIPAL USES AND
STRUCTURES PERMITTED, DELINEATING ACCESSORY USES AND
STRUCTURES PERMITTED, DELINEATING CONDITIONAL USES AND
STRUCTURES ALLOWED, SETTING FORTH THE REVIEW AND
APPROVAL PROCESS FOR PROJECTS WITHIN THE DISTRICT,
SETTING FORTH DEVELOPMENT STANDARDS FOR THE DISTRICT,
AND SETTING FORTH SUPPLEMENTAL DISTRICT REGULATIONS AS
WELL AS SPECIAL REGULATIONS FOR THE OLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT; AND BY AMENDING SECTION
173.016, "DISTRICTS ENUMERATED", BY ADDING "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT" AS A ZONING CLASSIFICA-
TION WITHIN THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
The City Attorney read the caption of the ordinance. A public
hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray
Beach, Florida.
Ann Fulton, 1124 Vista Del Mar, stated, on behalf of many of
the property owners in the Old School Square District, the creation of
this district is being fully endorsed. Some time ago a request was made
to waive any site plan reviews or change of use fees and she would like
to request that the Commission consider this as soon as possible.
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The public hearing was closed.
Dr. Alperin moved for the adoption of Ordinance No. 28-90 on
Second and FINAL Reading, seconded by Ms. McCarty.
Mr. Kovacs advised, if the Commission wishes to entertain the
request of Ms. Fulton, he feels it would be appropriate to amend the
portion of this ordinance in the section that refers to "Review Proce-
dures'', to provide waiving fees for site plan and conditional use for a
specified period of time. Upon question by Mayor Lynch, the City
Manager stated he would be reluctant to amend the ordinance without the
opportunity to evaluate the fiscal impact.
Mr. Kovacs further recommended that the Commission table the
motion for a two week period, subject to the LDR's being adopted, at
which time the order will be mailed to the codifier. This will elimi-
nate having it codified twice. The City Attorney stated the convenience
is that all the numbers on the paragraphs can be meshed through the LDR
process as opposed to redoing a codification. Mr. Kovacs stated this
same procedure will apply to Item 10.A, 10.B., 10.C. and 10.G. The City
Attorney stated this is a postponement of the enactment until the first
meeting in September.
Dr. Alperin made a substitute motion to postpone action on
Ordinance No. 28-90 to September llth, 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.
10.B. Ordinance No. 29-90. Ordinance No. 29-90, amending the Code of
Ordinances by enacting new subsections "Single Purpose Specialty Retail
Sales" and "Specialty Food Stores", is before the Commission for con-
sideration 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. 29-90:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND
USAGE", CHAPTER 173, "ZONING CODE", SUBHEADING "GENER-
AL PROVISIONS", SECTION 173.001, "DEFINITIONS", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY ENACTING NEW SUBSECTIONS, "SINGLE PURPOSE
SPECIALTY RETAIL SALES" AND "SPECIALTY FOOD STORE", TO
PROVIDE FOR THE DEFINITION OF THESE ADDITIONAL USES IN
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA; PROVIDING A GENERAL REPEALER CLAUSE; PROVID-
ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance. A public
hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray
Beach, Florida. The public hearing was closed.
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Ms. McCarty moved for the postponement of Ordinance No. 29-90
to September llth, seconded by Dr. Alperin. 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.
10.C. Ordinance No. 30-90. Ordinance No. 30-90, rezoning and placing
land presently zoned RO (Residential Office) District, in part; GC
(General Commercial) District, in part; RM-6 (Multiple Family Dwelling)
District, in part; RM-10 (Multiple Family Dwelling) District, in part;
and CBD (Central Business District), in part; in the Old School Square
Historic Arts District (OSSHAD), is before the Commission for considera-
tion 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. 30-90:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RO (RESIDENTIAL OFFICE) DISTRICT, IN
PART, GC (GENERAL COMMERCIAL) DISTRICT, IN PART, RM-6
(MULTIPLE FAMILY DWELLING) DISTRICT, IN PART, RM-10
(MULTIPLE FAMILY DWELLING) DISTRICT, IN PART, AND CBD
(CENTRAL BUSINESS DISTRICT), IN PART, IN THE OSSHAD
(OLD SCHOOL SQUARE HISTORIC ARTS) DISTRICT; SAID LAND
CONSISTING OF TWO HUNDRED SIX (206) PARCELS, ALL LYING
WITHIN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA; SAID LAND BEING LOCATED IN
GENERAL BETWEEN S.W./S.E. 2ND STREET ON THE SOUTH,
LAKE IDA ROAD/N.E. 4TH STREET ON THE NORTH, S.W./N.W.
lST AVENUE ON THE WEST, AND BY S.E./N.E. 1ST AVENUE ON
THE EAST, EXCEPT FOR THOSE LOTS WITHIN BLOCKS 74, 75
AND 76, TOWN OF DELRAY, LYING ON THE EAST SIDE OF
NORTHEAST 1ST AVENUE; AND MENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance. A public
hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray
Beach, Florida. The public hearing was closed.
Dr. Alperin moved for the postponement of Ordinance No. 30-90
to September llth, seconded by Mr. Randolph. Upon roll call the Commis-
sion voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor
Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 4 to 0 vote.
10.D. Ordinance No. 31-90. Ordinance No. 31-90, rezoning property in
Block 20, Town of Delray from GC (General Commercial) District and R-lA
(Single Family Dwelling) District to CF (Community Facilities) District
to accommodate the proposed relocation of Fire Station No. 1, is before
the Commission for consideration on Second and FINAL Reading. Prior to
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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. 31-90:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT, IN
PART, AND R-lA (SINGLE FAMILY DWELLING) DISTRICT, IN
PART, IN CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND
BEING A PORTION OF BLOCK 20, TOWN OF DELRAY, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE 3
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
SAID LAND BEING LOCATED ON THE NORTH SIDE OF ATLANTIC
AVENUE, BETWEEN NORTHWEST 5TH AVENUE AND NORTHWEST 6TH
AVENUE; AND AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
The City Attorney read the caption of the ordinance. A public
hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray
Beach, Florida. The public hearing was closed.
Mr. Randolph moved for the adoption of Ordinance No. 31-90 on
Second and FINAL Reading, seconded by Dr. Alperin.
The City Attorney suggested action on this item be postponed
until December llth, when the City has determined how much land will be
necessary.
Dr. Alperin made a substitute motion to postpone this item
until December llth, seconded by Mr. Randolph. 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.
10.E. Proposed Land Development Regulation. The Commission is to
consider conducting a public hearing on proposed Land Development
Regulations and proposed Official Zoning Map. Prior to consideration of
the proposed Land Development Regulations and Official Zoning Map, a
Public Hearing has been scheduled to be held at this time.
Mary Lou Jamison, 515 N. Swinton Avenue, President of the Del
Ida Park Neighborhood Association, stated she is present to offer
approval of the rezoning plan, from their Board, as submitted to the
Commission. She requested that they be included in any change of fees
that are granted to the Old School Square District. She also recom-
mended that when anyone obtains a building permit and/or files a COA,
that the President of the Neighborhood Association be advised, in order
that the Board and interested neighbors can evaluate the project.
Upon question, Mr. Kovacs stated he does not believe the LDR
requires that neighborhoods be notified of COA notifications other than
those for site plans, conditional uses and rezonings.
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Kathi Sumrall, 60 Marine Way, stated she supports Ms. Jamison's
proposal. She then presented a list of changes she feels need to be
considered relative to the LDRs, as follows:
(1) Page 1.2.1: Section 1.2.2.(C) (1) - Expirations and extensions
of previously approved projects. Ms. Sumrall feels applicants should
have an option to come before the P&Z Board and perhaps be allowed a
second extension. This is for a project that was approved under the
previous code; once that expires, approval must be obtained under
today's regulations.
(2) Page 2.2.4: Section 2.2.2(E) (6)&(7) - Separation of the P&Z
Board and the Site Plan Review and Appearance Board. Ms. Sumrall feels,
if the P&Z Board is to be separated with the Site Plan Review Board,
that the P&Z Board should not look at any site plans. She would like
this moved, allowing it under the powers of the Site Plan Review Board.
Upon question, Mr. Kovacs advised the P&Z Board did not support Ms.
Sumrall's position. (7) Under the authority of the P&Z Board, granting
of relief from the number of parking spaces required for specific uses,
Ms. Sumrall feels that, this too, should be a part of the Site Plan
Review Board's authority and not P&Z.
(3) Page 2.4.64: Section 2.4.7(A) - Variances. Ms. Sumrall would
like the words "and not the result of the actions of the landowner" to
be deleted. Mr. Kovacs stated this is existing language that has been
applied by the Board of adjustment to grant or deny variances in condi-
tions that have been inherited or created.
(4) Page 3.3.3: Section 3.3.4(E) - Barrier Island. Ms. Sumrall
stated she feels there should be a change from the word "present" to
"acceptable" and to change from "lower the level of service" to "lower
than level of Service C". Mr. Kovacs stated an attempt will be made to
accommodate that.
(5) Page 4.4.15: Section 4.4.9(A) - Intent of the GC District.
Ms. Sumrall stated she objects to the sentence "The GC designation is to
be applied only along arterial and collector streets", on the basis that
it exists in other situations. Mr. Kovacs advised the word "only" will
be changed to "primarily".
Robert Currie, 25 Seabreeze Avenue, stated he has six items for
Commission consideration.
(1) Page 4.4.9: Section 4.4.6(A) - Mr. Currie stated there is no
longer any provision for RM-15 in this Code, but states a range of RM-6
to RM-12, and he feels this is a mistake. Mr. Kovacs stated what the
City needs to do is proceed with the Downtown Development Plan and
perhaps base the density on that study. The CRA Plan could take that
into consideration, also. However, an amendment needs to be made to the
Comprehensive Plan prior to increasing the maximum density limitation.
(2) Page 4.3.35: Section 4.3.4(J) (3) - Exemptions to height
limitations. Mr. Currie objects to a requirement for City Commission
approval of any building feature or structure with a height limitation
of more than 64 feet. Mr. Kovacs stated the P&Z Board did not support a
change.
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(3) Page 2.4.46: Section 2.4.6(G) - Tree Removal Permits. Mr.
Currie objected to the preservation of trees having a diameter of less
than four inches which impacts the fee to the owner. Nancy Davila, City
Horticulturist, stated the Palm Beach County Ordinance recommends that
it be changed to two inches because there are many trees that can be
relocated at that size as opposed to a larger size.
(4) Page 2.4.13: Section 2.4.3(G) (4) - Mr. Currie objected to a
roof plan requirement as part of the material submitted for preliminary
approval of architectural elevations. Mr. Kovacs stated this plan will
go before the Site Plan Review Board and Community Appearance Board to
allow them the opportunity of learning what the elevations will look
like. He further stated, if the Board feels a site plan is not really
present and they are merely being shown a pretty picture, it is their
option to decide that the site plan does not work, but it is mitigated
in the architecture. Therefore, the applicant is requested to combine
the two and action will be deferred until elevations are submitted, at
which time the Board will approve both at the same time.
The City Manager stated this section of the Code requires a
roof plan when an applicant is applying for an architectural review
only. It is his understanding that it would not be necessary to submit
a roof plan on any other occasion.
Upon question by the City Attorney, Mr. Currie confirmed that
he is advocating not to submit roof plans to any Boards, but that the
process should remain a function of the Building Department, to review
and approve prior to obtaining a Building Permit. Upon question, Mr.
Currie stated he feels the Commission has decided that a Board is a more
valid determinate of what is in good taste.
(5) Page 2.4.8: Section 2.4.3(B) - Approximate location of above-
ground and underground utilities, etc. Mr. Currie stated those are
issues that are required by Code prior to obtaining a Building Permit,
in addition to ensuring the function of the building to be constructed,
and he feels this should not be a part of the review process.
Page 4.3.36: Section 4.3.4(J) (4) (b) (i) (9) - Elizabeth Mat-
thews, 1024 White Drive, stated it is her understanding that, it is
indicated in several locations of the Comprehensive Plan, that CBD
Zoning will be extended on Atlantic Avenue to the ocean. Her main
concern is altering the height requirement to 60 feet for that extended
portion lying east of the Intracoastal Waterway. It is also her under-
standing that the area can be rezoned to the RT Zoning District, which
has not been completely written, or the language "except for property
lying east of the Intracoastal Waterway" can be added in the CBD. Mr.
Kovacs recommended adding the language change.
Page 2.4.53: Section 2.4.6(J) (1) (c) - COAs for Historic
Districts. Sandy Jamison, 515 N. Swinton, stated there is concern that
there is no limiting statement regarding those things which can be
viewed from the street. He would like this item placed on a workshop
agenda. Upon question, Mr. Kovacs stated it is not too late to have
this incorporated into the LDRs if it is submitted soon. Mr. Jamison
also requested the waiver of fees related to Historic Districts be
workshopped. Mr. Kovacs stated the public cannot expect new programs to
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be created, new procedures requiring more paperwork, along with a
reduction in staff and still expect reduced fees. Mayor Lynch commented
that the Commission will look at this item for incentive purposes at the
workshop next week.
Roger Saberson, 110 East Atlantic Avenue, representing the
property owner of the property located at the N.W. corner of 22nd Street
and Seacrest Boulevard, with a current zoning of LC (Limited Commercial)
containing four acres, stated the proposed zoning on the map and in the
LDRs is RM. This property was annexed into the City in 1985 with a
zoning of LC. He is requesting a compromise between the LC and the RM
of NC (Neighborhood Commercial), because the economic impact on the
property owner will be devastating.
Upon question by Ms. McCarty, Mr. Kovacs stated it is a transi-
tional designation on the Land Use Plan and he feels there is no problem
with a zoning of NC on this particular property. Mayor Lynch stated
this will be considered at next Tuesday's workshop.
Mr. Saberson advised there is an error on the map with regard
to the Tutor Time Child Care Center site on Lake Ida Road. The map
shows a zoning of POC and the City recently zoned it SAD.
Mr. Saberson questioned, in the SAD Zoning District LDR regu-
lations, if there has been a modification on the issue of reversion.
There is now a provision in the LDR Regulations which says "if the SAD
use is not established, the property reverts back to the prior zoning
classification" and he does not feel this can be done. The City Attor-
ney advised that the final recommendation from P&Z was that it not be an
automatic reverter. This means that there is an SAD zoning district
with a site plan that has lapsed and no development can take place. The
applicant then has the burden of moving forward, either with another SAD
or to initiate a rezoning, and he feels this is not unfair.
Mr. Saberson questioned the applicability of prior regulations
with regard to pending applications; for example in Ordinance No. 25-90,
it reads in Section 5. that "all applications for development orders,
which are pending on September 1st, shall be processed and ruled upon in
accordance with the ordinances in effect on August 31st". It is his
suggestion to allow the applicant the option of opting for either the
old regulations or the new regulations. The City Attorney advised that
the direction given by the Commission was that, the applicant has an
option to withdraw a pending application, resubmit and pay the new fees.
Mr. Kovacs stated his first recommendation was that all actions taken
after the effective date are in accordance with the Code. If there is
an application in process, it can be processed from the old Code. Mayor
Lynch stated this will be considered at the workshop on Tuesday night.
Frank Spence, Executive Director of the CRA, read into the
record a response to the recommendations made by the P&Z Board, using
their document as a reference point. One item not included in the
Board's recommendation was the issue of density. The CRA opposes the
reduction of density from that originally permitted in RM-15 districts
to the new minimum of RM-12. When an inquiry was made to the P&Z
Director for a basis of including this density, the answer was that it
is included in the Comprehensive Plan. Upon a review by the CRA, no
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such mandate was found and they would like to go on record in opposing
this reduction of density and requesting reinstatement of the 15-unit
density, either where it was permitted in the former RM-15 Zones or in
the newly-created CBD districts. They also request that the Commission
continue these hearings to allow adequate time to further review this
material.
Michael Weiner, 1177 N.E. 8th Street, (the Gold Building),
representing the property owner, Wallace Nissan, Inc., regarding Block
7, Rio Del Ray Shores, stated they feel a mistake has been made with
respect to a designation of GC zoning and that it should be AC. This
property currently has a conditional use approval for an auto dealer-
ship. He requested this be considered at the next workshop meeting.
Mr. Weiner commented that under non-conforming uses, Section
1.3.5 in the LDRs, there is a typographical error. He also expressed
concurrence that two-inch trees are difficult to locate and the require-
ment will be costly. With regard to 3.3.4(E) on the Barrier Islands, he
concurs with Ms. Sumrall. With respect to Page 4.4.25 in Section
4.4.10(G) (5) (e) under AC zoning, he feels a restriction on test driving
on residential streets by dealers should not be located in the Zoning
Code. Mr. Weiner commented with respect to 4.6.8. - Signage, that he
feels this needs much work, as it is very difficult to get answers at
this time.
Page 4.4.25: Section 4.4.10(G) (5) (c) - Jean Beer, resident,
stated she would like the word "banners" added to the language relating
to signs not to be located on landscaped areas nor to be attached to
vehicles or light poles. She also expressed the feeling that those
persons, who submit material for approval, should be required to pay
their property taxes since they avail themselves of the City services,
even though P&Z does not recommend applicants using proof of property
tax payment as a basic submission item.
The public hearing was closed.
The Commission concurred to have Mr. Kovacs research those
items brought to their attention and returned to the workshop next
Tuesday for consideration.
Dr. Alperin commented that he feels the page numbering system
for the LDRs is confusing and questioned if this could be changed. Mr.
Kovacs advised that the dashes will be eliminated in the page numbers.
10.Fo Ordinance No. 32-90. Ordinance No. 32-90, amending the Code of
Ordinances to provide for an increase in the gas franchise fee with an
effective date of September 1, 1990, 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. 32-90:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RELATING TO THE RENEWAL OF A
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GAS FRANCHISE WITHIN THE CITY; GRANTING TO FLORIDA
PUBLIC UTILITIES COMPANY, ITS SUCCESSORS AND ASSIGNS A
GAS FRANCHISE; IMPOSING PROVISIONS AND CONDITIONS
RELATING THERETO; PROVIDING A SAVING CLAUSE; PROVIDING
A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE
DATE.
(Copy of Ordinance No. 32-90 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.
The City Attorney stated that his office is recommending the
standard language be waived concerning the provision of insurance.
There is an agreement relating to this, concerning the City's ability to
raise fees if a higher rate is negotiated in some location within the
State.
Ms. McCarty moved for the adoption of Ordinance No. 32-90 on
Second and FINAL Reading, seconded by Mr. Randolph. 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.
10.G. Ordinance No. 26-90. Ordinance No. 26-90, amending the Code of
Ordinances to provide for updated landscape regulations, 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. 26-90:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE 15, "BUILDING
REGULATIONS", BY REPEALING CHAPTER 159, "LANDSCAPING"
IN ITS ENTIRETY, AND ENACTING A NEW CHAPTER 159,
"LANDSCAPING", BY ENACTING A NEW SECTION 159.01,
"OBJECTIVE; SCOPE", TO PROVIDE FOR COMPLIANCE WITH THE
COMPREHENSIVE PLAN, FOR THE PURPOSE, AND TO PROVIDE
MINIMUM STANDARDS; BY ENACTING A NEW SECTION 159.02,
"DEFINITIONS", TO PROVIDE FOR PERTINENT DEFINITIONS;
BY ENACTING A NEW SECTION 159.03, "APPLICABILITY", TO
PROVIDE THAT THE LANDSCAPING CODE WILL APPLY TO NEW
DEVELOPMENT, EXPANDED DEVELOPMENT BEYOND ORIGINAL
FOOTPRINT AND TO EXISTING NONRESIDENTIAL PROPERTIES;
BY ENACTING A NEW SECTION 159.15, "APPLICATION/-
PROCESS'', TO PROVIDE FOR SUBMITTALS OF LANDSCAPE PLANS
AND CONTENTS OF LANDSCAPING PLANS; BY ENACTING A NEW
SECTION 159.25, "SITE DESIGN STANDARDS", TO PROVIDE
FOR WATER CONSERVATION, MINIMUM OPEN SPACE REQUIRE-
MENTS, PRESERVATION OF EXISTING PLANT COMMUNITIES,
NATIVE SPECIES, SITE SPECIFIC PLANTING MATERIALS,
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PROHIBITED PLANT SPECIES, AND CONTROLLED PLANT SPE-
CIES; BY ENACTING A NEW SECTION 159.26, "LANDSCAPE
DESIGN STANDARDS", TO PROVIDE FOR DESIGN CRITERIA,
INSTALLATION OF LANDSCAPING, PROHIBITION OF VEHICULAR
ENCROACHMENT, QUALITY OF PLANT MATERIALS, TREE NUMBER,
SIZE AND SPACING, TO PROVIDE FOR NUMBER, SIZE AND
SPACING OF PALMS AND HEDGES, TO PROVIDE SPECIFICATIONS
FOR THE PROPER PLANTING OF GRASS, GROUND COVERS, VINES
AND MULCHES, AND TO PROVIDE FOR IRRIGATION STANDARDS;
BY ENACTING A NEW SECTION 159.35, "MINIMUM LANDSCAPE
REQUIREMENTS", TO PROVIDE MINIMUM LANDSCAPE REQUIRE-
MENTS FOR NEW SINGLE FAMILY RESIDENTIAL UNITS, DUPLEX
RESIDENTIAL UNITS, NEW MULTI-FAMILY, COMMERCIAL AND
INDUSTRIAL UNITS AND EXISTING MULTI-FAMILY, COMMERCIAL
AND INDUSTRIAL USES; BY ENACTING A NEW SECTION 159.36,
"MINIMUM MAINTENANCE REQUIREMENTS", TO PROVIDE FOR
MINIMUM MAINTENANCE REQUIREMENTS FOR ALL LANDSCAPING
FEATURES; BY ENACTING A NEW SECTION 159.37, " SIGHT
DISTANCE FOR LANDSCAPING ADJACENT TO PUBLIC RIGHTS-
OF-WAY AND POINTS OF ACCESS", TO PROVIDE FOR TECHNICAL
COMPLIANCE TO INSURE VISIBILITY; BY ENACTING A NEW
SECTION 159.45, "ENFORCEMENT", TO PROVIDE FOR COMPLI-
ANCE AND ENFORCEMENT; BY ENACTING A NEW SECTION
159.46, "PENALTY", TO PROVIDE A TWENTY FIVE DOLLAR A
DAY PENALTY FOR EACH DAY A VIOLATION CONTINUES TO
EXIST; BY ENACTING A NEW SECTION 159.47, "APPEALS
AUTHORIZED; VARIANCES PROHIBITED", TO PROVIDE FOR
APPEALS TO THE CHIEF BUILDING OFFICIAL AND PROHIBITING
VARIANCES BY ANY BOARD; BY ENACTING A NEW SECTION
159.48, "ISSUANCE OF CERTIFICATE OF OCCUPANCY", TO
PROVIDE FOR ISSUANCE OF CERTIFICATE OF OCCUPANCY AND
BONDS IF NECESSARY; BY ENACTING A NEW SECTION 159.49,
"MODIFICATION OF REQUIREMENTS", TO PROVIDE FOR A
WAIVER PROCESS THROUGH THE CITY COMMISSION; PROVIDING
A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance. A public
hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray
Beach, Florida. The public hearing was closed.
Upon question by Mayor Lynch, Nancy Davila, City Horticul-
turist, stated the $25 fine is levied if a person is found in
non-compliance of the ordinance by the Code Enforcement Board. The City
Attorney advised that the Code Enforcement Board can waive the fine. He
further stated that a violation might be given for each separate tree.
Mayor Lynch commented that if the Commission adopts the ordinance, it
should be passed with the understanding that it will be enforced.
Mr. Kovacs stated there is a provision in the Code which
relates to irrigation systems using City or non-potable water with
provisions that are in conflict with the current water code and a
section of the LDR prohibits that use, with two exceptions. It was his
recommendation that it be removed from that section of the Code and
replaced with "water shall be allowed pursuant to Section 6.10. (B) (5)".
-19- 8/14/90
Also, the part stating that a single family residence on an individual
lot may have either City water or non-potable water should be allowed
and reference made to the water code in the LDRs, which provides for a
third exception of single family homes on individual lots. What this
means is that people building homes near SW 4th Avenue and SW 4th Street
are allowed to connect onto the City system or they may have a well.
There is an amendment that is being worked on at this time relating to
allowing every home to be connected to the City water system. Mayor
Lynch suggested this item be placed on the workshop for consideration as
a part of the LDRs.
Ms. McCarty moved for the postponement of Ordinance No. 26-90
on Second and Final Reading to September 11, 1990, 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.
10.H. Community Development Block Grant Proposed 1990-91 Statement of
Objectives. The Commission is to consider conducting a public hearing
on the proposed expenditure of CDBG funds for fiscal year 1990-91.
Approval is recommended. Prior to consideration of passage of this
proposal, a public hearing has been scheduled to be held at this time.
Upon question by Ms. McCarty, Lula Butler, Director of Communi-
ty Improvement, stated this is in compliance with the requirement of the
Federal Regulations to hold one formal Public Hearing before the Commis-
sion, prior to submitting the application to HUD, which is due by the
end of August. The City has been approved for an allocation of $428,000
for the next fiscal year. This will include housing rehabilitation,
emergency repair, demolition and clearance, recreation and improvements
to replace the press box at Pompey Park and $85,000 for administration.
The public hearing was closed.
Dr. Alperin moved for approval, seconded by Ms. McCarty. Upon
roll call the Commission voted as follows: Ms. McCarty - Yes; Dr.
Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion
passed with a 4 to 0 vote.
11. Comments and Inquir.ies on Non-Agenda Items from the Public.
11.1. Reverend Semmie Taylor, resident, stated he is currently
renovating a building in Delray that was originally to be a theater. He
was instructed by an inspector from the Building Department with direc-
tions on how he should proceed. After following this direction and
completing the remodeling, he applied for a license and was told he must
contact Mr. Sanzone, Chief Building Official. Upon completion of those
items required by Mr. Sanzone, he was informed that he now needed a site
plan, which he submitted. However, Mr. Sanzone informed him that the
building must be drawn to scale and it would take ninety days for
approval. This is going to cost him thousands of dollars if he must
wait. He requested consideration from the Commission.
The City Manager stated he will meet with Ms. Butler tomorrow,
learn the details and contact Mr. Taylor as soon as he has some answers.
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FIRST READINGS
12.A. Ordinance No. 25-90. Ordinance No. 25-90, amending the Code of
Ordinances by repealing and amending certain Code sections to provide
for the implementation of the Land Development Regulations, is before
the Commission for consideration on First Reading. If passed Public
Hearing will be held August 28th. '
The City Manager presented Ordinance No. 25-90:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CITY OF DELRAY
BEACH CODE OF ORDINANCES BY REPEALING CHAPTER 55,
"PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS", CHAPTER
114, "AMUSEMENTS (CIRCUSES & CARNIVALS), CHAPTER 150,
"BUILDING REGULATIONS" , CHAPTER 151 , "COASTAL CON-
STRUCTION'' , CHAPTER 152 , "COMMUNITY APPEARANCE" ,
CHAPTER 153 , "SOIL EROSION CONTROL" , CHAPTER 155 ,
"ELECTRICITY", CHAPTER 156, "FLOOD HAZARD CONTROL" ,
CHAPTER 157, "GAS CODE", CHAPTER 158, "HOUSING CODE",
CHAPTER 159, "LANDSCAPING CODE", CHAPTER 160, "MECHAN-
ICAL CODE", CHAPTER 161, "PLUMBING CODE", CHAPTER 162,
"SIGNS AND BILLBOARDS", CHAPTER 163, "SWIMMING POOLS",
CHAPTER 164, "WELL AND SPRINKLER SYSTEMS" , CHAPTER
165, "UNSAFE BUILDINGS" , CHAPTER 170 , "COMMUNITY
REDEVELOPMENT", CHAPTER 171, "COMPREHENSIVE PLAN",
CHAPTER 172, "SUBDIVISION CODE", CHAPTER 173, "ZONING
CODE", CHAPTER 174, "HISTORIC PRESERVATION", CHAPTER
175, "SAFE NEIGHBORHOOD IMPROVEMENT DISTRICTS, BY
AMENDING CHAPTER 113, "ALCOHOLIC BEVERAGES" BY REPEAL-
ING SECTION 113.16, "AREAS AND LOCATION WHERE SALES
PERMITTED", SECTION 113.17, "SALE NEAR/CHURCH OR
SCHOOL", AND SECTION 113.18, "BOTTLE CLUBS; NUISANCE",
AND ENACTING LAND DEVELOPMENT REGULATIONS PROVIDING
FOR COMPREHENSIVE REGULATIONS AND REQUIREMENTS FOR THE
DEVELOPMENT, ZONING AND LAND USE PLANNING WITHIN THE
CITY LIMITS, PROVIDING FOR THE ADMINISTRATIVE PROCESS,
RELIEF AND VARIANCES FROM SUCH REGULATIONS AND RE-
QUIREMENTS; PROVIDING FOR THE ESTABLISHMENT OF ZONING
DISTRICTS; PROVIDING FOR THE ENACTMENT OF OFFICIAL
ZONING DISTRICT MAP; PROVIDING FOR THE REZONING OF
PROPERTY WITHIN THE CITY; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE, PROVIDING AN
EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Ms. McCarty moved for the adoption of Ordinance No. 25-90 on
First Reading, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch -
Yes; Ms. McCarty - Yes. Said motion passed with a 4 to 0 vote.
12.B.1. Ordinance No. 33-90. Ordinance No. 33-90, calling for a
Charter amendment, is before the Commission for consideration on First
Reading. If passed, Public Hearing will be held August 28th.
-21- 8/14/90
The City Manager presented Ordinance No. 33-90:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES
OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH,
FLORIDA, TO ARTICLE III, "LEGISLATIVE" BY AMENDING
SECTION 3.01, "COMMISSION-CITY MANAGER FORM OF GOVERN-
MENT; TERM OF OFFICE; NUMBER; OFFICES OF VICE-MAYOR
AND DEPUTY VICE-MAYOR; SUCCESSION TO OFFICE OF MAYOR",
TO CHANGE THE LENGTH OF COMMISSIONERS TERMS FROM 2 TO
3 YEARS; BY ENACTING A NEW SUBSECTION 3.01(C) LIMITING
COMMISSIONERS TO TWO CONSECUTIVE TERMS; TO ARTICLE IV,
"ADMINISTRATIVE-EXECUTIVE", SECTION 4.02, "APPOINT-
MENT; REMOVAL; COMPENSATION", BY AMENDING SUBSECTION
(b) PROVIDING THAT THE TERMINATION OF THE CITY MANAGER
REQUIRE AT LEAST FOUR AFFIRMATIVE VOTES, PUBLIC NOTICE
AND A PUBLIC HEARING; TO ARTICLE IV, "ADMINISTRATIVE-
EXECUTIVE", SECTION 4.08, "LEGAL COUNSEL APPOINTMENT,
REMOVAL AND COMPENSATION", BY AMENDING SUBSECTION (b)
PROVIDING THAT THE TERMINATION OF THE CITY ATTORNEY
REQUIRE AT LEAST FOUR AFFIRMATIVE VOTES, PUBLIC
NOTICE, AND A PUBLIC HEARING; PROVIDING FOR A REFEREN-
DUM ELECTION TO BE HELD ON NOVEMBER 6, 1990; PROVIDING
A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVID-
ING AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
The City Attorney stated that if the Commission should decide
to amend any of the questions, he has alternate ordinances to work with.
The Commission concurred that a two year term is an appropriate
time frame.
Upon question by Ms. McCarty, the City Attorney advised that a
Commissioner cannot run for the office of Mayor, as all seats are the
same and the individual must sit out for a year.
The City Attorney stated, with respect to the City Manager and
City Attorney, he drafted the ordinance to contain the 72-hour notice
and to provide for a public hearing. He advised that if the Commission
adopted the 4-1 vote, it would be necessary to amend the Charter. He
further advised this must be presented to the County by September 5th in
order to get it on the ballot. It was his recommendation to approve
this by adopting three separate ordinances.
Ms. McCarty moved for denial of Ordinance No. 33-90 on First
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.
12.B.2. Ordinance No. 36-90. Ordinance No. 36-90, amending the City
Charter by enacting a new subsection limiting Commissioners to two
consecutive terms, is before the Commission for consideration on First
Reading. If passed, Public Hearing will be held August 28th.
-22- 8/14/90
The City Manager presented Ordinance No. 36-90:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES
OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH,
FLORIDA TO ARTICLE III, "LEGISLATIVE" BY AMENDING
SECTION 3.01, "COMMISSION-CITY MANAGER FORM OF GOVERN-
MENT; TERM OF OFFICE; NUMBER; OFFICES OF VICE-MAYOR
AND DEPUTY VICE-MAYOR; SUCCESSION TO OFFICE OF MAYOR"
BY ENACTING A NEW SUBSECTION 3.01(c) LIMITING COMMIS-
SIONERS TO TWO CONSECUTIVE TERMS; PROVIDING FOR A
REFERENDUM ELECTION TO BE HELD ON NOVEMBER 6, 1990;
PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Dr. Alperin moved for the adoption of Ordinance No. 36-90 on
First Reading, seconded by Ms. McCarty. 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.
12.B.3. Ordinance No. 37-90. Ordinance No. 37-90, amending the City
Charter to provide that the termination of the City Manager require at
least four affirmative votes, Public Notice and a Public Hearing, is
before the Commission for consideration on First Reading. If passed,
Public Hearing will be held August 28th.
The City Manager presented Ordinance No. 37-90:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES
OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH,
FLORIDA TO ARTICLE IV, "ADMINISTRATIVE-EXECUTIVE",
SECTION 4.02, "APPOINTMENT; REMOVAL; COMPENSATION", BY
AMENDING SUBSECTION (b) PROVIDING THAT THE TERMINATION
OF THE CITY MANAGER REQUIRE AT LEAST FOUR AFFIRMATIVE
VOTES, PUBLIC NOTICE AND A PUBLIC HEARING; PROVIDING
FOR A REFERENDUM ELECTION TO BE HELD ON NOVEMBER 6,
1990; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Dr. Alperin moved for the adoption of Ordinance No. 37-90, on
First Reading, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin -
Yes; Mr. Mr. Randolph - Yes; Said motion passed with a 4 to 0 vote.
12.B.4. Ordinance No. 38-90. Ordinance No. 38-90, amending the City
Charter to provide that termination of the City Attorney will require at
least four affirmative votes, a Public Notice and a Public Hearing, is
before the Commission for consideration on First Reading. If passed,
Public Hearing will be held August 28th.
-23- 8/14/90
The City Manager presented Ordinance No. 38-90:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES
OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH,
FLORIDA TO ARTICLE IV, "ADMINISTRATIVE-EXECUTIVE",
SECTION 4.08, "LEGAL COUNSEL APPOINTMENT, REMOVAL AND
COMPENSATION", BY AMENDING SUBSECTION (b) PROVIDING
THAT THE TERMINATION OF THE CITY ATTORNEY REQUIRE AT
LEAST FOUR AFFIRMATIVE VOTES, PUBLIC NOTICE, AND A
PUBLIC HEARING; PROVIDING FOR A REFERENDUM ELECTION TO
BE HELD ON NOVEMBER 6, 1990; PROVIDING A REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Mr. Randolph moved for the adoption of Ordinance No. 38-90 on
First Reading, seconded by Dr. Alperin. Upon roll call the Commission
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. Ordinance No. 34-90. Ordinance No. 34-90, amending the Code of
Ordinances to provide a coastal protection plan for the City, is before
the Commission for consideration on First Reading. If passed, Public
Hearing will be held August 28th.
The City Manager presented Ordinance No. 34-90:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, TO BE KNOWN AS THE CITY OF
DELRAY BEACH COASTAL PROTECTION ORDINANCE, AMENDING
TITLE 15, "BUILDING REGULATIONS", CHAPTER 151, "COAST-
AL CONSTRUCTION", PROVIDING FOR THE SUBHEADING "GENER-
AL PROVISIONS" PERTAINING TO COASTAL CONSTRUCTION TO
BE RENAMED "GENERAL PROVISIONS -- COASTAL CONSTRUC-
TION''; BY ENACTING NEW SECTIONS 151.60 THROUGH 151.68,
UNDER SUBHEADING "GENERAL PROVISIONS -- COASTAL
PROTECTION"; PROVIDING FOR A SHORT TITLE AND APPLICA-
BILITY; PROVIDING FOR THE PURPOSE OF SAID AMENDMENT;
PROVIDING DEFINITIONS; PROVIDING FOR JURISDICTION;
ESTABLISHING A COASTAL PROTECTION ZONE AND A SAND
PRESERVATION ZONE; PROVIDING FOR GENERAL PERMITS;
PROVIDING FOR SPECIAL PERMITS; PROVIDING PERMIT FEES;
PROVIDING FOR ADMINISTRATIVE RELIEF; APPEAL PROCESS;
PROVIDING FOR VIOLATIONS, ENFORCEMENT AND PENALTIES;
PROVIDING A SAVINGS CLAUSE; PROVIDING A GENERAL
REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
The City Attorney stated this has been sent to the County and
they have found it in compliance with their ordinance, with the excep-
tion of the City's variance provision, which he feels is unnecessary.
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Robert Federspiel, 501 East Atlantic Avenue, stated he has been
involved with this ordinance and his original feeling was that a vari-
ance would be advantageous to the City; however, on further review, he
does not feel the variance is important. He feels the most important
part of the ordinance is the appellate provision. The most critical
element in the ordinance is determining the location of the crest of the
dune. To his knowledge, there is no scientific basis for determining
this. He suggests keeping the County out completely. If circumstances
arise where a variance is necessary, the Commission can then amend the
ordinance.
Dr. Alperin moved for the adoption of Ordinance No. 34-90 on
First Reading, deleting the variance provisions, seconded by Mr. Ran-
dolph. Upon roll call the Commission voted as follows: Dr. Alperin -
Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said
motion passed with a 4 to 0 vote.
12.D. Ordinance No. 35-90. Ordinance No. 35-90, amending the Code of
Ordinances by enacting a new subsection, "Prohibition of Nudity, Partial
Nudity and Sexual Conduct at Alcoholic Beverage Establishments", is
before the Commission for consideration on First Reading. If passed,
Public Hearing will be held August 28th.
The City Manager presented Ordinance No. 35-90:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 113, "ALCOHOL-
IC BEVERAGES", OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SECTION
113.20, "PROHIBITION OF NUDITY, PARTIAL NUDITY, SEXUAL
CONDUCT AT ALCOHOLIC BEVERAGE ESTABLISHMENTS", PROVID-
ING FOR THE DEFINITIONS OF "ALCOHOLIC BEVERAGE ESTAB-
LISHMENT'', "NUDITY", "PARTIAL NUDITY", PROHIBITING
NUDITY, PARTIAL NUDITY AND SEXUAL CONDUCT WHERE
ALCOHOLIC BEVERAGES, BEER OR WINE ARE SOLD OR OFFERED
FOR SALE FOR CONSUMPTION ON THE PREMISES AND PROHIBIT-
ING ANY PERSON MAINTAINING, OWNING OR OPERATING AN
ESTABLISHMENT WHERE ALCOHOLIC BEVERAGES, BEER OR WINE
ARE SOLD OR OFFERED FOR SALE FOR CONSUMPTION ON THE
PREMISES FROM PERMITTING OR SUFFERING TOTAL NUDITY IN
SUCH ESTABLISHMENT; PROVIDING A REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
The City Attorney read the caption of the ordinance.
Ms. McCarty moved for the adoption of Ordinance No. 35-90 on
First 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.
At this time the Commission returned to the Regular Agenda.
9.K. Agreement Between the City and Florida Public Utilities Compa-
ny. The Commission is to consider approval of a side-agreement with
-25- 8/14/90
Florida Public Utilities which would allow the City to amend the fran-
chise agreement to provide for an increased franchise fee percentage if
Florida Public Utilities Company negotiates a gas franchise with other
entities, within Florida, which exceeds six percent. Approval is
recommended.
Ms. McCarty moved for approval of the agreement, 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.
9.L. Cancellation of Bid Award. The Commission is to consider the
cancellation of a bid awarded to Preston Construction in the amount of
$11,745 for rehabilitation of rental properties at 237-239 S.W. 1st
Avenue. Approval is recommended.
Upon question by Mayor Lynch as to the reason for cancellation,
the City Manager stated this first bid award is for rental rehabil-
itation in which the owner-contractor has not followed through with a
contract. Ms. Butler stated this particular program requires a dollar
for dollar match and that has not happened.
Ms. McCarty moved for approval of the cancellation, 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.
The City Manager advised that the next two items relate to the
consolidation of Public Works, Engineering and Public Utilities. The
impending move to the Public Works compound make it unnecessary to
install a fiber optics system from City Hall to the current location of
the Utilities building; it also eliminates the need for the accompanying
parking area.
9.M. Cancellation of Bid Award. The Commission is to consider
cancellation of a bid award to Sessoms-Grice, Inc., in the amount of
$15,709 for installation of fiber optics from the City Hall Building to
the Public Utilities Department. Approval is recommended.
Dr. Alperin moved for cancellation of the bid award, seconded
by Mr. Randolph. Upon roll call the Commission voted as follows: Ms.
McCarty - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes.
Said motion passed with a 4 to 0 vote.
9.N. Cancellation of Bid Award. The Commission is to consider
cancellation of a bid award to Smith Brothers Contracting Equipment,
Inc., in the amount of $29,826.50 for the installation of a new parking
lot at the Public Utilities complex. Approval is recommended.
Ms. McCarty moved for approval of the cancellation of the bid
award, seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms.
McCarty - Yes. Said motion passed with a 4 to 0 vote.
9.0. Ratification of South Central Regional Wastewater Treatment and
Disposal Board Operating Budget. The Commission is to consider
-26- 8/14/90
ratification of the SCRWTD Board action approving Capital Expenditures
for fiscal year 1990-1991 in the amount of $3,205,550. Approval is
recommended.
Ms. McCarty stated she voted against this at Board level
because the Sewer Board employees have the COLA and merit provisions in
their benefits and she has a problem with that. If the Commission does
not approve this, the Board will be forced to readdress this item. Mr.
Randolph, Chairman of the Board, expressed concern with regard to this
and feels the COLA should be reviewed from the employee side. Mayor
Lynch commented that the discussion of last night would affect the
administration, not the employee. Mr. Randolph disagreed that a carte
blanche cutting of COLA at this time for employees may not be good.
Dr. Alperin expressed a concern with the timing and the impact
on the Sewer Board. Mr. Federspiel, representing the Sewer Board,
stated the budget is for the October fiscal year. In addition, there is
a Special Meeting scheduled a week from Thursday night followed by
another regular meeting, which still allows ample time. Upon question
by Dr. Alperin, Mayor Lynch stated his theory is to take COLA out, leave
the same percentages in, but base it strictly on merit.
Mr. Randolph moved for ratification, seconded by Dr. Alperin.
Upon roll call the Commission voted as follows: Dr. Alperin - No; Mr.
Randolph - Yes; Mayor Lynch - No; Ms. McCarty - No. Said motion FAILED
with a 3 to 1 vote.
9.P. Award of Bids and Contracts - Wellfield Assessment and
Remediation Project. The Commission is to consider an award of bid to
Poole and Kent Company in the amount of $870,916 for the installation of
an 800 kilowatt electrical generator, telemetry system and replacement
of fuel tanks. Funding is available in 1984 Water and Sewer Revenue
Fund. Approval is recommended.
The City Manager stated the proposal was to fund the work, take
the balance of the money available from this bond project and apply it
toward the Aero-Dri litigation. The low bidder claims a $100,000 error
was made in his bid and the problem now, with this bid in question, is
that the amount of the balance is uncertain, so he is unable to recom-
mend an amount to be transferred. It is his suggestion that the item be
deferred until August 28th.
The Commission concurred.
13. Comments and Inquiries on Non-Agenda Items.
13.A.1. Dr. Alperin read a statement into the record concerning the
School Board and the approval of its site plan over the one requested by
the City. He requested that the Commission act immediately to reinforce
the City's position with regard to Spady and the acquisition of the land
north of the school. Ms. McCarty agreed that immediate action be taken
and that a joint meeting be scheduled with the Education Board, explain-
ing their roll as a recommending body. Mr. Randolph and Mayor Lynch
concurred.
-27- 8/14/90
Mayor Lynch expressed concern with letters he has received from
the Education Board that were written on City stationery and he does not
want other letters going to locations, indicating the City is backing an
issue or policy. He feels this should be done through the City Manager,
who will make the decision from where direction should come. Mayor
Lynch requested that staff pursue the results of the meeting and sched-
ule another meeting sometime within the next sixty days, especially
making it a point to have Frank Spence present at these meetings.
13.A.2. Ms. McCarty questioned the information from Tallahassee regard-
ing the pension - extra benefits issue. The City Attorney stated he
received a letter from the insurance company indicating approval of the
City's extra benefits. However, they did not agree that the plan
complies in other areas. He plans to submit a memo to the Commissioners
by the end of this week, outlining the various provisions. Basically,
there is a disagreement on what the League of City case really means and
what power the Department of Insurance claims to have. Ms. McCarty
requested a copy of the letter received from the insurance company.
13.A.3. Ms. McCarty stated the memo from the City Manager indicated
that no further vacancies will be filled. The City Manager responded
that he actually stated there would be no further vacancies filled
"without his approval".
13.A.4. Ms. McCarty commented that, once again, she read about a
revenue shortfall in the newspaper and she does not understand how this
happens.
13.A.5. Ms. McCarty expressed concern with regard to Police Officers
delivering Commission packets and feels this should be reviewed by the
CoF~ission. The City Manager agreed to look into this.
13.A.6. Ms. McCarty questioned if there is some way that the two
telephone numbers for the Police Department located in the white pages
under General Information could be a number that can be called at any
time to reach a particular person or information regarding that person.
She feels the current situation is not serving the public well. The
City Manager stated he will verify the fact that there are current
changes under consideration for the coming year and inform the Commis-
sion of the status. Ms. McCarty expressed the desire that this be put
into effect tomorrow.
13.A.7. Mr. Randolph thanked the staff of the Delray Municipal Golf
Course for the courtesy extended during the "Roots" tournament.
13.A.8. Mayor Lynch requested that a running item of the Commission
comments and inquiries be supplied, perhaps on a once-a-month basis.
The City Manager stated he has discussed this with Assistant City
Manager Barcinski and it will be taken under consideration.
13.A.9. Mayor Lynch stated the Bucky Dent Baseball School will be
having the top highschool baseball players in the U.S. arriving at the
park this weekend and would like one of the Commissioners to throw out
the first ball. Mr. Randolph agreed to do this, if he is available.
-28- 8/14/90
13.A.10. Mayor Lynch questioned if a thank you has been forwarded to
Frank Messersmith regarding the turtle situation. Assistant City
Manager Barcinski responded that it is awaiting the Mayor's signature.
13.B. There were no comments or inquiries from the City Attorney.
13.C. There were no comments or inquiries from the City Manager.
Mayor Lynch declared the meeting adjourned at 10:40 P.M.
- - City Cl~rk
ATTEST:
The undersigned is the City Clerk of the City of Delray Beach
and that the information provided herein is the minutes of the meeting
of said City Commission of August 14, 1990, wh~h minutes were formally
approved and adopted by the City Commission on [~,~l,,~-~ c~ /~9~ ·
/ ~
City C~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.
-29- 8/14/90