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09-11-90 SEPTEMBER 11, 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 6:09 P.M., Tuesday, September 11, 1990. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner William Andrews Commissioner David Randolph Mayor Thomas E. Lynch Absent - Commissioner Mary McCarty Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz 2. The opening prayer was delivered by Commissioner David Ran- dolph. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. The City Attorney stated he would like to delete Item 9.A. and have it addressed at the September 25th meeting due to a request by the applicant. He also requested that an additional item, 9.S., be added as the last item on the Regular Agenda, which is the appointment of members to the Development Boards that will be created by the emergency ordi- nances. The City Manager stated the .Account No. of Item 8.L.3. should be corrected to read 441-5161-536-60.68. Dr. Alperin moved for approval of the Agenda, as amended, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 5. Mr. Randolph moved for approval of the minutes of the Regular Meeting of August 28, 1990, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 6. Proclamations. A. Mayor Lynch presented a proclamation proclaiming October 16, 1990 as "World Food Day". B. Mayor Lynch read and presented a proclamation proclaiming the week of September 17 - 23, 1990, as "Constitution Week". 7. Presentations. Doug McCoy, Assistant General Manager of Waste Management of Palm Beach County, stated, on behalf of Mike O'Brien and the staff of Waste Management, he would like to dedicate two recycled park benches to the residents of Delray. The benches are made of recyclable plastics that represent 7,000,000 pounds of recyclable materials collected over the past year and commended the residents for their diligence. Mayor Lynch expressed his thanks to Waste Management, on behalf of the citi- zens of Delray, and also to Robin Ennis, the Recycling Coordinator for the City. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.A. Contract Amendment - BLS Services. Removed from the agenda. 8.B. Acceptance of Letter of Credit. The Commission is to consider the acceptance of a letter 6f credit from National Cable, Limited, in lieu of a performance bond, in satisfaction of the requirements of the franchise agreement. Approval is recommended. 8.C. Request for Final Payment. The Commission is to consider approval of a final payment to Southern Pipeline, Inc., in the amount of $19,343.90 for the installation of 310 feet of eight inch PVC sanitary sewer lines with manholes on N.W. 7th Street, with funding from Water and Sewer/Sewer Systems, Mains and Lines (Account No. 441-5161-536-60.66). Approval is recommended. 8.D. Acceptance of Quit Claim Deed. Acceptance of a quit claim deed from the Palm Beach County School Board for the west half of the S.W. 4th Avenue right-of-way adjacent to Pine Grove Elementary School, is before the Commission for consideration. Approval is recommended. 8.E. Acceptance of Easement Deed. Acceptance of an easement deed from Fronrath Used Cars for extension of a water main and relocation of a fire hydrant, is before the Commission for consideration. Approval is recommended. 8.F. Final Plat Approval. The Commission is to consider approval of a final plat for the replat of Linton Lakes. Approval is recommended. 8.G. Resolution No. 79-90. Resolution No. 79-90, assessing costs for abatement action required to demolish an unsafe structure at 625 Douglas Avenue, is before the Commission for consideration. Approval is recom- mended. The caption of Resolution No. 79-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR a DUE DATE AND INTEREST -2- 9/11/90 ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 79-90 is on file in the official Resolution Book) 8.H. Resolution No. 80-90. Resolution No. 80-90, assessing costs for abatement action required to board up an unsafe structure at 1119 N.W. 1st Street, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 80-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 80-90 is on file in the official Resolution Book) 8.I. Resolution No. 81-90. Resolution No. 81-90, assessing costs for abatement action required to board up an unsafe structure at 304 S. Swinton Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 81-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 81-90 is on file in the official Resolution Book) 8.J. Resolution No. 82-90. Resolution No. 82-90, assessing costs for abatement action required to demolish an unsafe structure at 215 -3- 9/11/90 S.W. 4th Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 82-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 82-90 is on file in the official Resolution Book) 8.K. Resolution No. 83-90. Resolution No. 83-90, assessing costs for abatement action required to remove nuisances on 45 properties throughout the City, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 83-90 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; PRO- VIDING 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; PRO- VIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 83-90 is on file in the official Resolution Book) 8.L. Award of Bids and Contracts. 1. Chemicals and Fertilizers - Annual Contract - Various Bidders in the estimated amount of $80,500 with funding from Parks and Recreation Gardening Supplies (Account No. 001-4131-572-35.54) and Golf Course Gardening Supplies (Account No. 445-4511-572-35.54). Approval is recommended. 2. Rental Rehab Program - 137-139 N.W. 13th Avenue - Abisset Corp. in the amount of $29,688 with funding from Rental Rehab (Account No. 118-1975-554-33.19). Approval is recommended. -4- 9/11/90 3. Sixteen Inch Ductile Iron Pipe - Intracoastal Subaqueous Crossing Project - American Cast Iron Pipe Company in the amount of $58,243.50 with funding from Intracoastal Crossing Construction (Account No. 441-5161-536-60.68). Approval is recommended. Mr. Randolph 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; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0 vote. REGULAR AGENDA 9.A. Extension of Conditional Use and Site Plan Approval. The Commission is to consider a request for extension of a conditional use and site plan approval for the Isles of Delray SAD (Special Activities District). P&Z recommends approval (4-1 vote). THIS ITEM WAS DELETED. 9.B. Final Plat Approval. The Commission is to consider the approv- al of a final plat for Nassau Point Townhomes, a proposed four unit (two duplex) townhome development to be located at the southwest corner of Nassau Street and A-1-A (Ocean Boulevard). Approval is recommended. Dr. Alperin moved for approval of the final plat for Nassau Point Townhomes, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.C. Request for waiver of a Nuisance Abatement Lien. The Commis- sion is to consider a request from FEN Investments for waiver of a nuisance abatement lien in the amount of $535. Approval is recommended. The City Attorney stated FEN Investments was faced with a $535 Nuisance Abatement Assessment for removal of rubble. His recommendation that the lien be removed is due to a misunderstanding between Thomas Jones, President of FEN Investments, and the Building Department. Mr. Jones responded to Mr. Randolph regarding the length of time the rubble had been allowed to remain on the property by stating that the original violation was received in May, 1990. The "rubble" was actually clean landfill in the form of concrete, obtained from Dennis Fronrath Chevrolet when that facility was remodeled. During the time he and Jerry Sanzone, Chief Building Official, were attempting to find a solution, the City removed the material without the knowledge of either himself or Mr. Sanzone. Dr. Alperin moved for approval of the waiver, contingent upon the direction of the City Attorney, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. Mr. Jones expressed concern regarding action by the City in instances where grass and weeds are being removed from personal proper- ty, by the City, with no prior notice being given. The City Manager -5- 9/11/90 advised that he will contact the Code Enforcement Department and attempt to learn what the problem is. 9.D. Resolution 'No. 84-90. Resolution No. 84-90, urging the Florida Department of Environmental Regulation and the Palm Beach County Depart- ment of Environmental Resource Management to approve the necessary permits for William Swaim and Associates to develop the Anchorage (formerly Yake) property, is before the Commission for consideration. Approval is recommended. The City Manager stated this item and the next one go together and relate to two adjacent parcels located on the Intracoastal Waterway. One will be developed into a subdivision and the other parcel was given to the County by the Nature Conservancy. There are mangroves on the parcel to be developed and, in order to do this, there must be mitiga- tion of the mangroves. The developer is proposing to improve the Nature Preserve area by removing some exotic species and planting native species. Their request is for City endorsement of their application, to obtain the necessary environmental permits. The City Manager presented Resolution No. 84-90: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE PLANS OF WILLIAM SWAIM AND ASSOCIATES, INCORPORATED, TO DEVELOP THE PROPERTY KNOWN AS THE ANCHORAGE LOCATED IN THE CITY OF DELRAY BEACH; URGING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION AND THE PALM BEACH COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCE MANAGEMENT TO APPROVE THE NECESSARY PERMITS FOR WILLIAM SWAIM AND ASSOCIATES, INCORPORATED, TO DEVELOP THE ANCHORAGE PROPERTY; PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 84-90 is on file in the official Resolution Book) Dr. Alperin moved for the adoption of Resolution No. 84-90, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.E. Resolution No. 85-90. Resolution No. 85-90, supporting the development plan prepared by William Swaim and Associates, Inc., to develop a neighborhood nature preserve on County owned property south of the (former) Yake property, is before the Commission for consideration. Approval is recommended. The City Manager presented Resolution No. 85-90: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE PLAN PREPARED BY WILLIAM SWAIM AND ASSOCIATES, INCORPORATED, TO DEVELOP A NEIGH- BORHOOD NATURE PRESERVE LOCATED IN THE CITY OF DELRAY BEACH; URGING PALM BEACH COUNTY AND OTHER GOVERNMENTAL AGENCIES TO APPROVE THE PLANS OF WILLIAM SWAIM AND ASSOCIATES, INCORPORATED, TO DEVELOP SAID NEIGHBORHOOD NATURE PRESERVE; PROVIDING FOR AN EFFECTIVE DATE. -6- 9/11/90 (Copy of Resolution No. 85-90 is on file in the official Resolution Book) Mr. Randolph moved for the adoption of Resolution No. 85-90, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0 vote. 9.F. Resolution No. 87-90. Resolution No. 87-90, authorizing the Community Redevelopment Authority to purchase property located at 422 W. Atlantic Avenue, is before the Commission for consideration. Approval is recommended. Frank Spence, Director of the CRA, stated, with regard to the previous issue, a copy of Resolution 6-89 was sent to the Commission that included the area in the CRA. He further stated the CRA has approved the acquisition of this property, but since it is not in the development plan, they are required to seek City Commission approval. The City Manager presented Resolution No. 87-90: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR EMINENT DOMAIN; PROVIDING FURTHER, THAT THE CITY COMMIS- SION OF THE CITY OF DELRAY BEACH FINDS THAT THE CERTAIN REAL PROPERTY EXISTS IN A BLIGHTED AREA AND HE REHABILI- TATION, CONSERVATION, OR REDEVELOPMENT, OR COMBINATION THEREOF OF SUCH AREAS IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 87-90 is on file in the official Resolution Book) Dr. Alperin moved for the adoption of Resolution No. 87-90, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.G. Settlement Offer. The Commission is to consider a settlement offer in the amount of $38,963.36 to avert litigation regarding AT&T's over payment of Municipal Telecommunications Taxes. Approval is recom- mended. The City Attorney stated some of the surrounding municipalities have reached a conclusion that it is in their best interest to accept the 62.4% offer by AT&T opposed to going through a full scale trial, because the legal questions will probably only be decided at the Appel- late level. Upon question, the City Manager agreed with the City Attorney that it is a reasonable offer and, hopefully, will be funded out of this -7- 9/11/90 year so it will affect the amount of surplus available at the end of the year. Mr. Andrews moved for approval of the settlement offer, second- ed by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.H. Acceptance of Settlement Offer. The Commission is to consider acceptance of a settlement offer in the amount of $75,000 from Aetna Casualty and Surety Company of Illinois to settle the City's claim regarding installation of water and sewer connections at the Linton Promenade. Approval is recommended. Assistant City Attorney Ruby stated there have been negotia- tions regarding water and sewer line connections. Upon question by Mayor Lynch, Assistant City Attorney Ruby stated there may be some upgrading of size in some of the lines; however, the backflow devices will be installed with no cost to the City. The easement to Walmart has been agreed upon and their attorney indicated the agreement should be forthcoming by the end of the week. She further stated there is no firm answer from Aetna with regard to the annexation issue. Mr. Andrews moved for approval of the settlement offer, subject to receipt of the easement agreement and the $75,000, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.I. Proposed Fee Reduction. The Commission is to consider a proposed reduction to the fee charged for Adult Team Sports (softball, basketball, flag football, etc.). Approval is recommended. The City Manager stated, in reviewing the charges for the adult sports, it was learned that the City was charging more than the sur- rounding municipalities, with the exception of Boca Raton. Joe Weldon, Director of Parks & Recreation, stated all direct and indirect costs are being factored in and an agreement with the High School is under discus- sion which may be of some help. Dr. Alperin moved for approval of the reduced fees, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0 vote. 9.J. Proposed Fee Increase. The Commission is to consider a request from Prearrangements of Delray, Inc., to increase the retail cost of cemetery vaults from $550 to $650 to offset an increase by the whole- saler. Approval is recommended. Mr. Randolph moved for approval of a request from Prearrange- ments of Delray, Inc., seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 8 9/11/90 9.K. Termination of Contract and Award of New Contract. The Com- mission is to consider terminating a contract with Axiom Commercial Cutters for landscape maintenance and award a new contract to Tony Scott Complete Lawn Maintenance in the amount of $38,175 for landscape main- tenance service for 1-95 to W. Atlantic Avenue, 1-95 to Linton Boulevard and E. Linton from 1-95 to A-l-A, with funding to come from Beautifi- cation Maintenance (Account No. 119-4144-572-33.49). Approval is recommended. The City Manager stated unsatisfactory performance has been experienced from the landscape contractor maintaining the interchanges on 1-95 at Atlantic Avenue and Linton Boulevard and, while that contract has been terminated, it needs to be executed officially by the City Commission. New bids have been solicited and it is being recommended that the bid be awarded to Tony Scott Complete Lawn Maintenance. Mr. Andrews expressed the desire that specification and mainte- nance should fall under the same department sometime in the future. Mr. Randolph questioned if there is an alternate method that can be used while mowing the median strips as opposed to parking the vehicle on a primary lane with a lighted arrow on top indicating that traffic should move to another lane ahead. He feels this is a dangerous situation. Mr. Weldon stated he would look into this procedure. Mr. Andrews moved for approval of termination of contract and award of a new contract to Tony Scott Complete Lawn Maintenance, second- ed by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.L. Request for Payment. The Commission is to consider a request from SAS Signal Systems, Inc., (formerly GEN Signal Systems) for payment in the amount of $28,963 for installation of a traffic signal at the north entrance of the Cedarwood Companies on Congress Avenue in the Delray Park of Commerce. Approval is recommended. Assistant City Attorney Ruby stated, originally, Cedarwood Companies was to install a traffic signal in Delray Park of Commerce. This company has had some financial difficulties and has not been forthcoming with payment. In the interim, the signal was installed by the County with the approval of the former City Engineer, with the understanding that the City would pay for the signal should the develop- er be unable to do so. The City pays $40,000 annually to the County for maintenance and installation of certain traffic control devices. As a solution, the County proposed that the City pay $11,000 to the County and the remaining $28,000 directly to SAS Signal Companies. Assistant City Attorney Ruby suggested perhaps the City should renegotiate the Interlocal Agreement for the next time period. Upon question by Mr. Andrews, the City Manager stated there may be private companies in the area that bids could be solicited from, but he does not feel it is practical for the City to maintain the City signals. He also expressed the feeling that, in the future, the de- veloper should post a bond with the City and the City should handle the contract for installation of the signals. -9- 9/11/90 Following discussion of various options, the Commission con- curred in requesting 50% of the amount at this time with the remainder to be paid over a period of four years. Assistant City Attorney Ruby stated she would contact Cedarwood Companies and learn if this is acceptable. Mr. Andrews moved for approval of the acceptance of the 50% payment and the payment to SAS in the amount of $28,963 for the instal- lation of a traffic signal, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. PUBLIC HEARINGS At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearing portion of the agenda. 10.A. Resolution No. 88-90. Resolution No. 88-90, levying a tenta- tive tax on all properties within the City of Delray Beach, is before the Commission for consideration. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. Approval is recommended. The City Manager presented Resolution No. 88-90: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON ALL PROPER- TIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (Copy of Resolution No. 88-90 is on file in the official Resolution Book) The City Attorney read the entire resolution. 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. Mayor Lynch questioned if it would be feasible to request that Rebecca Walker, or someone from her staff, schedule a meeting to explain to the public that the City has no control over the assessment of property. The City Attorney advised the offer could be extended. Bill Schwartz, 4293 Live Oak Boulevard, Director of the Del Aire Country Club Property Owners Association, read into the record a letter that was sent to the Property Appraiser. Concern was expressed regarding the proposed increase in assessed valuation and the reduction in real estate values. A request was made to the Commission for assistance in gaining insight from the Property Appraiser's office with regard to this inequity. -10- 9/11/90 Edward Willanzheimer, Gerald DeFoe, Mr. Olsen, and Mr. Salerno, spoke in opposition to the increase in taxes proposed by the City. The Public Hearing was closed. The City Manager read a summary of the major line item in- creases in the proposed budget. He stated the increase in salaries and wages is due, primarily, to the three-year union contracts entered into by the City Commission in 1988, which include a cost of living increase of four and one-half percent and employee eligibility for merit increas- es of up to seven percent with the requirement that the average be five percent. Social Security tax is increased by $328,586 because this was under budgeted last year. Health insurance is also up for two reasons; one is due to the increase in the cost of health care and the other is due to under funding the City's insurance programs over the last two years. Workers' Compensation and property liability insurance is up because neither were funded at the level recommended by the City's actuaries last year. The City Manager stated he would like to recommend to the Commission the additional adjustments of the deletion of a lap top computer for the City Clerk's office, some of the carpeting in City Hall, from the Capital reserve for a power pole relocation, shifting the funding of hazardous waste amnesty days from the General Fund to the Sanitation Fund and a reduction for the purchase of a rescue unit. Only 50% was received from the State, so the purchase of a second unit will be postponed. There will be a balancing adjustment with regard to the insurance and merit increases for Department Heads and Assistants was handled as the Commission directed, realizing a savings of $24,000. The total for the additional recommended changes is $173,000 which gives the City a total adjustment of $535,502. This places the required millage for the budget at 7.4, including the debt service millage, making an increase of 18.8% as opposed to the original 23% increase. In order to reduce the millage further, as several Commission members have ques- tioned, it will be necessary to cut employee positions, including some of those now filled. If the Commission is seriously considering this, another budget worksession should be scheduled. Dr. Alperin stated he feels the Commission has accomplished as much as possible and would like to give direction to the City Manager to learn what other options can be produced to achieve a goal of a 7 millage tax and what sacrifices the City would need to make to arrive at that figure. Mr. Randolph questioned if the funding for the Fourth of July celebration has been removed. Upon response by the City Manager that it had not, Mr. Randolph requested that this be strongly considered. Mr. Andrews suggested the City look into some opportunities that have been explored by surrounding municipalities with regard to personnel. The City Manager stated the City of Boynton Beach has been contacted, relative to offering a 36-hour work week on a voluntary basis, and it was learned that only three employees have taken advantage of this. Mr. Andrews suggested looking at adjustments in middle manage- ment positions. The City Manager commented, after looking at the -11- 9/11/90 position control register, that is the sort of recommendation he plans to make to the Commission, if positions are to be cut. The Commission concurred to meet at 6:00 P.M. on Monday evening and the CRA meeting will then be scheduled for 7:00 P.M. If more time is needed, the budget meeting will be continued on Tuesday evening immediately following the LDRs. The City Manager recommended that the Commission adopt the resolution, setting a tentative millage by amending Section 1. to read 6.4, with the percentage being 18.7935. Mr. Randolph moved for the adoption of Resolution No. 88-90, amending Section 1., seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0 vote. The City Manager, to be in compliance with State Law, made the following statement: The City Commission has approved a tentative millage, which is 18.7935% above the roll back rate. 10.B. Resolution No. 89-90. Resolution No. 89-90, making tentative appropriations of sums of money for all necessary expenditures of the City from October 1, 1990 to September 30, 1991, is before the Commis- sion for consideration. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 89-90: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1990, TO THE 30TH DAY OF SEPTEMBER, 1991; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITHIN RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. The City Attorney read the caption of the resolution. 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. Mr. Andrews left the Commission Chambers at this time. Mary Barnes, Executive Director of the Alzhiemer's Association, Palm Beach County Chapter, requested that the Commission seriously con- sider donating $10,000 to help in supporting this local Chapter, of which 40% of the patients are residents of Delray Beach. She thanked them for the contribution they provided last year. -12- 9/11/90 Helen Rice, Executive Director of the Mae Volen Senior Center of Boca Raton, thanked the Commission for their support last year and requested that they seriously consider investing with the Center again this year. Joan Gindlesperger, Executive Director of the Deaf Service Center, stated approximately $23,000 of their budget goes directly to Delray Beach. She expressed her appreciation to the City of Delray for their support in the past and requested that the Commission continue to consider supporting their center with an amount of $6,000, as they are a Human Services Agency. The public hearing was closed. Dr. Alperin moved for the adoption of Resolution No. 89-90, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Said motion passed with a 3 to 0 vote. Mr. Andrews returned to the Commission Chambers at this time. 10.C. Ordinance No. 39-90. Ordinance No. 39-90, amending the SAD (Special Activities District) for the Gulfstream Building located on the north side of George Bush Boulevard (N.E. 8th Street) east of the Intracoastal Waterway to provide for modified conditional uses, 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. 39-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 38-84 BY REPEALING SECTION 2(a) AND ENACTING A NEW SECTION 2(a) TO PROVIDE FOR CONDITIONAL USES PERMITTED IN THIS SAD (SPECIAL ACTIVITIES DISTRICT); BY ADDING A NEW SECTION 2(i) TO PROVIDE FOR SIGNAGE LIMITATIONS; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 39-90 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. Mr. Andrews moved for the adoption of Ordinance No. 39-90, on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 10.D. Request for Waiver to the City Code. The Commission is to consider a request for waiver to the Sign Code to permit a second free -13- 9/11/90 standing 17-foot sign with a 62-foot sign cabinet at the Saturn Dealer- ship located at 2800 South Federal Highway. Prior to consideration of passage of this waiver, a public hearing has been scheduled to be held at this time. Lula Butler, Director of Community Improvement, stated this item was deferred from the last Commission meeting by the property owner. Staff objection was due to the fact that this is the second free standing sign. It is to be placed on Dixie Highway and it is felt that it is out of scale with existing signage with other dealerships, as the Code allows for 50 square feet. Richard Eckerle, former CAB member, stated the Community Appearance Board felt the sign was not that much out of line, since there was such a wide easement on Dixie Highway. Jean Beer, Tropic Boulevard, stated there is a large grassy area, but at some time, Dixie Highway will be widened and that grassy space will be decreased considerably. The public hearing was closed. Mr. Andrews moved for denial of the request for waiver, second- ed by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 10.E. Ordinance No. 40-90. Ordinance No. 40-90, amending the Code of Ordinances by enacting a new section "Annexation, Unbilled Properties, Remedial Provisions" to provide for billing of annexed properties and previously unbilled properties receiving refuse collection services from Waste Management Inc., is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 40-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS, CHAPTER 51, "GARBAGE AND TRASH", BY ENACTING A NEW SECTION 51.76, "ANNEXATION, UNBILLED PROPERTIES; REMEDIAL PROVISIONS", TO PROVIDE FOR BILLING OF ANNEXED PROPERTIES AND PREVIOUSLY UNBILLED PROPERTIES, PROVIDING A SAVINGS CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 40-90 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. -14- 9/11/90 Dr. Alperin moved for the adoption of Ordinance No. 40-90 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0 vote. 10.F. Emergency Ordinance No. 43-90. Emergency Ordinance No. 43-90, amending the Code of Ordinances by repealing Section 171.15 "Creation of Planning and Zoning Board", Section 171.17, "Appointment and Term; Officers; Meetings", and Section 171.18, "Removal of Member; Vacancies", by enacting a new Section 171.10 "Interim Planning and Zoning Board" to provide for the creation of an interim Planning and Zoning Board, is before the Commission for consideration on First and FINAL Reading. Prior to consideration of passage of this emergency ordinance on First and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Emergency Ordinance No. 43-90: AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND USAGE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 171, "COMPREHENSIVE PLAN", BY REPEALING SECTION 171.15, "CREATION OF PLANNING AND ZONING BOARD", SECTION 171.17, "APPOINTMENT AND TERM; OFFICERS; MEETINGS", AND 171.18, "REMOVAL OF MEMBERS; VACANCIES", BY ENACTING A NEW SECTION 171.10, "INTERIM PLANNING AND ZONING BOARD", PROVIDING FOR THE CREATION OF AN INTERIM PLANNING AND ZONING BOARD HAVING ALL THE POWERS AND DUTIES OF THE PLANNING AND ZONING BOARD, PROVIDING FOR THE APPOINTMENT AND TERMS OF MEMBERS OF THE INTERIM PLANNING AND ZONING BOARD; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Emergency Ordinance No. 43-90 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in 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. Andrews moved for the adoption of Emergency Ordinance No. 43-90 on First and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 10.G. Emergency Ordinance No. 44-90. Emergency Ordinance No. 44-90, amending the Code of Ordinances by repealing Subsections 173.916 (A) and (B) by enacting new Subsections (A) and (B) to provide for the creation of an interim Board of Adjustment, is before the Commission for consid- eration on First and FINAL Reading. Prior to consideration of passage -15- 9/11/90 of this emergency ordinance on First and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Emergency Ordinance No. 44-90: AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND USAGE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 173, "ZONING CODE", "SITE AND DEVELOPMENT PLAN APPROVAL", "ADMINISTRATION AND ENFORCEMENT", SECTION 173.916, "BOARD OF ADJUSTMENT", BY REPEALING SUBSECTIONS 173.916(A) AND (B); BY ENACTING NEW SUBSECTIONS 173.916(A) AND (B), PROVIDING FOR THE CREATION OF AN INTERIM BOARD OF ADJUSTMENT HAVING ALL THE POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT, PROVIDING FOR THE APPOINTMENT AND TERMS OF MEMBERS OF THE INTERIM BOARD OF ADJUSTMENT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Emergency Ordinance No. 44-90 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in 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 adoption of Emergency Ordinance No. 44-90 on First and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 10.H. Emergency Ordinance No. 45-90. Emergency Ordinance No. 45-90, amending the Code of Ordinances by repealing Section 152.35, "Establish- ment'' and Section 152.37, "Organization" by enacting Section 156.30 to provide for the creation of an interim Community Appearance Board is before the Commission for consideration on First and FINAL Reading. Prior to consideration of passage of this emergency ordinance on First and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Emergency Ordinance No. 45-90: AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XV, "BUILDING REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 152, "COMMUNITY APPEARANCE", "COMMUNITY APPEARANCE BOARD", BY REPEALING SECTIONS 152.35, "ESTABLISHMENT", 152.36, "APPOINTMENT; TERMS", AND 152.37, "ORGANIZA- TION'', AND BY ENACTING NEW SECTION 156.30, "INTERIM -16- 9/11/90 COMMUNITY APPEARANCE BOARD", PROVIDING FOR THE CREA- TION OF AN INTERIM COMMUNITY APPEARANCE BOARD HAVING ALL THE POWERS AND DUTIES OF THE COMMUNITY APPEARANCE BOARD, PROVIDING FOR THE APPOINTMENT AND TERMS OF MEMBERS OF THE INTERIM COMMUNITY APPEARANCE BOARD; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Emergency Ordinance No. 45-90 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in 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 Emergency Ordinance No. 45-90 on First and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public. 11.1. Sharon White, S.E. 3rd Avenue and 8th Street, stated she lives in what is known as a "blighted" area of Delray Beach. She questioned if anyone is going to do anything in that area to help the residents. The property value has gone down, while the appraisal is much higher than she feels it should be. It has been necessary to call the Police Department for assistance three times during the past month due to break ins, crack dealing, etc. and it seems to take an unreasonable length of time for an officer to arrive. They have also experienced problems getting trash removed from their property. Mayor Lynch advised Ms. White that the City has formed a Neighborhood Task Force that meets on Thursday at 7:00 P.M. and she would be most welcome to attend a meeting to learn what this board is doing to help the residents and she might like to become actively involved. 11.2. Lillian Feldman, resident, stated she would like the Commission to consider moving the Public Comments and Inquiries to 7:00 P.M. before the Public Hearings. 11.3. Ms. Feldman expressed concern regarding the dead trees on Linton Boulevard and Atlantic Avenue that need to be replaced. There is pruning and weeding that needs to be done on the Linton Boulevard medians. She further requested that the wooden chips, when added to the shrubbery, not be allowed to overflow on the streets. 11.4. Ms. Feldman commented that the rear door of the Commission Chambers is very difficult to open and needs something done to make it close quietly. 11.5. Ms. Feldman requested that the Commission use their micro- phones, as it is very difficult to hear in the rear of the Chambers. -17- 9/11/90 11.6. Geraldine Farland, 728 Avenue Chaumont, a State-Licensed Surety Agent Bail Bondsman, stated she was outraged and humiliated at the Delray Beach Police Department when she presented a prisoner with an open warrant for transport to the Palm Beach County Jail and was re- fused. She called for a Sheriff transport from Palm Beach County to assist her. This is the first time she has had a problem of this nature. Charles Kilgore, Chief of Police, stated this is being checked on and he will provide a report, but customarily, the proper procedure in instances such as this is to take those persons to the Palm Beach County Sheriff's Department. The Delray Police Department has a cer- tificate that allows prisoners of this nature to be held for only four hours and, to his knowledge, he has never known a Bail Bondsman to deliver a person to his facility prior to this. FIRST READINGS 12.A. Ordinance No. 41-90. Ordinance No. 41-90, amending the Code of Ordinances by reducing the fee for sanitation pickup for residential customers and increasing the fee for sanitation pickup for commercial customers throughout the City, is before the Commission for considera- tion on First Reading. If passed, Public Hearing will be held September 25th. The City Manager presented Ordinance No. 41-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "RATES AND CHARGES", SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR DECREASED GARBAGE AND TRASH SERVICE CHARGES AND FEES; AND TO PROVIDE FOR FEES FOR BOTH RESIDENTIAL AND COMMERCIAL CUSTOMERS FOR RECYCLING SERVICE; PROVIDING A GENERAL 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. 41-90 on First Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0 vote. 12.B. Ordinance No. 42-90. Ordinance No. 42-90, amending the Code of Ordinances by repealing Section 92.33, "Dockage Rates" and enacting a new Section 92.33, "Dockage Rates" to provide for the establishment of a "single rate" for Marina dockage, is before the Commission for consider- ation on First Reading. If passed, Public Hearing will be held Septem- ber 25th. The City Manager presented Ordinance No. 42-90: -18- 9/11/90 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "GENERAL REGULATIONS", CHAPTER 92, "BOATS AND BOATING", SUB- HEADING "CITY MARINA" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 92.33, "DOCKAGE RATES" AND ENACTING A NEW SECTION 92.33, "DOCKAGE RATES" TO PROVIDE FOR THE ESTABLISH- MENT OF ONE RATE FOR DOCKING AT THE CITY MARINA; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEAL- ER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weldon stated the grant received from FIND to renovate the marina two years ago, precludes the City from not charging the same rate and same access to non-residents, so it is open to all residents on a first-come, first-serve basis. After surveying all the marinas in the immediate area, it was learned that Delray Beach had the lowest rates of the nine, so one rate of 30 cents was decided on. Dr. Alperin moved for the adoption of Ordinance No. 42-90 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Said motion passed with a 4 to 0 vote. At this time the Commission returned to the Regular Agenda. 9.M. Appointment of a Member to the Neiqhborhoods Task Team. The Commission is to consider the appointment of a member to fill Dr. Barrett's position on the Neighborhoods Task Team. This is the Mayor's appointment. Mayor Lynch recommended William Harris be appointed as a member to the Neighborhoods Task Team. Dr. Alperin moved for the appointment of William Harris, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.No Appointment of an Alternate to the Board of Adjustment. The Commission is to consider the appointment of an alternate member to the Board of Adjustment to a one year term. This is a Seat 2 appointment. Dr. Alperin moved to appoint Milford Ross, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.0. Ordinance No° 26-90. Ordinance No. 26-90, amending the Code of Ordinances to provide for updated landscape regulations, is before the City for consideration on Second and FINAL Reading. (Note: Public Hearing was held August 14, 1990; however, adoption of this ordinance was continued to a date certain of September 11, 1990). -19- 9/11/90 The City Attorney stated the recommendation of the Planning Director is to continue consideration of the following four ordinances to the next Regular Meeting on September 25, 1990, at which time the LDRs will have been adopted. 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, 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 -20- 9/11/90 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. Dr. Alperin moved to continue consideration of Ordinance No. 26-90 on Second and Final Reading to the next Regular Meeting of Septem- ber 25th, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0 vote. 9.P. 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. (NOTE: Public Hearing was held August 14, 1990; however, adoption of this ordinance was continued to a date certain of September 11, 1990). 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. -21- 9/11/90 Dr. Alperin moved to continue consideration of Ordinance No. 28-90 on Second and FINAL Reading to the next Regular Meeting of Septem- ber 25th, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.Q. 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 consid- eration on Second and FINAL Reading. (NOTE: Public Hearing was held August 14, 1990; however, adoption of this ordinance was continued to a date certain of September llth). 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. Dr. Alperin moved to continue consideration of Ordinance No. 29-90 on Second and FINAL Reading to the next Regular Meeting of Septem- ber 25th, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 3 to 1 vote. 9.R. 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. (NOTE: Public Hearing was held August 14, 1990; however, adoption of this ordinance was continued to a date certain of September llth). 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 -22- 9/11/90 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. 1ST 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. Dr. Alperin moved to continue consideration of Ordinance No. 30-90 on Second and FINAL Reading to the next Regular Meeting of Septem- ber 25th, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.S. Appointment of Members to the Interim Development Boards. The Commission is to consider suspension of the rules to allow appointment of members to the Interim Development Boards. Dr. Alperin moved to suspend the rules in order to appoint members to the Interim Development Board, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0 vote. Mr. Randolph moved to appoint Jay Felner, Mark Krall, Rita Naron, Robert Currie, Jean Beer, Lawrence Parker and Thomas Purdo as members of the Interim Planning and Zoning Board, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. Mr. Randolph moved to appoint Mark Marsh, Jess Sowards, William Wilsher, Gene Fisher, Samuel M. DeOto, Debora Turner Oster and Rettig (Rett) Talbot as members of the Interim Site Plan Review and Appearance Board, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. Mr. Randolph moved to appoint Kyle Kopytchak, Jon Levinson, Alvaro Vera, Lorraine Kasper and Anthony Veltri as members of the Interim Board of Adjustment, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 13. Comments and Inquiries on Non-Agenda Items. 13.A.1. Mr. Randolph had no comments or inquiries on Non-Agenda Items. 13.A.2. Mr. Andrews had no comments or inquiries on Non-Agenda Items. -23- 9/11/90 13.A.3. Dr. Alperin questioned if the workshop on the one-way pairs has been scheduled. The City Manager stated it has not. 13.A.4. Dr. Alperin commented that he visited each of the organization- al meetings last night for the orientation of new boards and felt that the interest and excitement of those continuing and new members was truly rewarding. The City can look forward to good direction for the future. 13.A.5. Dr. Alperin stated he attended the last two Neighborhoods Task Force meetings and feels that the interesting enthusiasm the community has for the organization is an indication of what can be realized from the excellent concept and feels the ideas being formed will be a big help to the Commission as well as the City. 13.A.6. Mayor Lynch stated the median that Del Aire landscaped for over $60,000 needs to be addressed with regard to who is going to assume responsibility and he has requested that it be placed on the agenda for the next Regular Meeting. 13.A.7. Mayor Lynch commented that one of the complaints he received today was related to the Fire Department and the one-stop shopping concept for obtaining permits which does not seem to be working as planned. The City Manager stated he will check into this when the details are given to him. 13.A.8. Mayor Lynch expressed his thanks to the staff and all those persons who helped make the ribbon cutting at the Courthouse a success. 13.B.1. The City Attorney stated an Interim Historic Preservation Board was absent from the boards and he would like direction from the Commis- sion whether they would like one to be created. Mayor Lynch advised that will be the first item of business at the meeting next Monday night. 13.B.2. The City Attorney stated the Police and Fire Unions have requested the extra benefits issue be discussed and he would like direction as to an Executive Session or the scheduling of a meeting to discuss this. Mayor Lynch commented that he had hoped the Pension Board would review this and submit their report to the Commission. The City Attorney stated he feels the issue is being misinterpreted with respect to the extra benefits, as the Commission has the power to grant those extra benefits. The Commission concurred to schedule a meeting next Tuesday immediately following the meeting on the LDRs. 13.C.1. The City Manager requested a response to the proposal of consolidating Water and Sewer, Public Works and Engineering into one department, the location and how it will fit in with the concept of one-stop shopping for permitting purposes. The proposal is to split the development review portion of Engineering and house three positions in the Planning Department. The remainder would be moved to the Environ- mental Services/Public Works compound. The Commission concurred. Mayor Lynch questioned if the Fire Department's Code Enforce- ment people could also be moved to the same department. The City Manager stated he has discussed this with Chief Koen, but there are some -24- 9/11/90 drawbacks, including a space problem. He further stated the City Attorney and the Record Storage function will be moved to the former Public Utilities building. Mayor Lynch declared the meeting adjourned at 9:00 P.M. 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 September 11, 1990, which minutes were formally approved and adopted by the City Commission on--~-~'~ /~ . NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -25- 9/11/90