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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: -2- 8/14/90 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). -3- 8/14/90 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 -4- 8/14/90 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 -5- 8/14/90 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 -6- 8/14/90 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 -7- 8/14/90 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 8 8/14/90 $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. -9- 8/14/90 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. -10- 8/14/90 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. -11- 8/14/90 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 -12- 8/14/90 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. -13- 8/14/90 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. -14- 8/14/90 (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 -15- 8/14/90 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 -16- 8/14/90 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 -17- 8/14/90 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, -18- 8/14/90 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. -20- 8/14/90 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. -24- 8/14/90 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