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09-25-90 SEPTEMBER 25, 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 6:05 P.M., September 25, 1990. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner William Andrews Commissioner Mary McCarty Commissioner David Randolph Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz 2. The opening prayer was delivered by Mayor Lynch. 3. The Pledge of Allegiance to the flag of the United States of ~merica was given. 4. Mayor Lynch stated there will be a Proclamation added to the agenda entitled "Respiratory Care Week". Mr. Andrews requested Items 8.C. and 8.G. be deleted from the Consent Agenda and added to the Regular Agenda. Ms. McCarty requested Item 8.B. be deleted from the Consent Agenda and added to the Regular Agenda. Item 8.C. will be 9.1.A.A; Item 8.G. will be 9.1.A and Item 8.B. will be 9.T. Ms. McCarty moved approval of the agenda as amended, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Mayor Lynch stated on the September 5, 1990 Minutes, paragraph lA should read "$103,000", as opposed to "$103,00", and on the Minutes of September 11, 1990, page 10, "Mr. Swartz" should read "Mr. Schwartz" Dr. Alperin moved approval of the Special Minutes of September 5, 1990, and the Regular Minutes of September 11, 1990, as amended, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations. A. Mayor Lynch presented a proclamation proclaiming the week of October 7 through October 13, 1990 as "Respiratory Care Week" in the City of Delray Beach. 7. Presentations. A. Mr. Richard Staudinger and Mr. Robert Taylor, representa- tives from Gee and Jensen, gave a presentation regarding the Stormwater Utility and Stormwater Management Program. CONSENT AGENDA 8.A. Legislative Lobbyist Contract. The Commission is to consider a one year contract, from October 1990 throught September 30, 1991, in the amount of $48,000 plus $10,000 for reimbursable out-of-pocket expenses for legislative lobbying services from Kathleen Daley and Associates. 8.D. Request for Final Payment. The Commission is to approve a ~e~uest for final payment from Southern Pipeline in the amount of $1,245.52 for emergency action taken to repair Forcemain 18 located on Andrews Avenue with funding from Water and Sewer/Sewer Systems Mains and Lines (Account No. 441-5161-536-60.66). Approval is recommended. 8.E. Service Authorization No. 3. The Commission is to approve Service Authorization No. 3 to the contract with CH2M Hill, in the amount of $65,876, for the preparation of a Water Supply Master Plan with funding from Water and Sewer 1990 $8 Million Line of Credit (for fiscal year 1989/90 expenditures) and the Water and Sewer 1990 Revenue Construction Bond (for fiscal year 1990/91 expenditures). Approval is recommended. 8.F. Temporary Tent Permit. The Commission is to consider approving a request from Delray Beach Sunrise Kiwanis to erect a temporary tent from October 10, 1990 through January 1, 1991 on the corner of S.E. 5th Avenue and S.E. 10th Street (adjacent to the former Bill Wallace Nissan). Approval is recommended. 8.H. Resolution No. 91-90. Resolution No. 91-90, affirming that there are currently no interjurisdictional incompatibilities with the future Land Use Map of adjacent Local Governments, is before the Commis- sion for consideration. The caption of Resolution No. 91-90 is as follows: A RESOLUTION TRANSMITTING THE RESPONSE OF CITY OF DELRAY BEACH TO FINDINGS MADE BY THE PALM BEACH COUNTYWIDE PLANNING COUNCIL AS TO POTENTIAL INTERJURISDICTIONAL INCOMPATIBILITIES OF THE CITY OF DELRAY BEACH ADOPTED COMPREHENSIVE PLAN. (Copy of Resolution No. 91-90 is on file in the official Resolution Book) 8.I. Award of Bids and Contracts. 1. Water Storage Tank - Miller Park - Elkins Constructors, Inc. in the amount of $1,835,000 with funding from Water and Sewer - Miller Park Storage Construction (Account No. 441-5181-536-69.02). Approval is recommended. 2 9/25/90 2. Front-end Loader - Streets Division - John Deere Indus- trial Equipment Co./Neff Machinery (State Contract) in the amount of $56,443 with funding from Public Works Automotive (Account No. 001-3113-541-60.84) and General Fund Capital Reserves (Account No. 334-3141-541-60.84. Approval is recommended. 3. Lot Mowing and Clearing - code Enforcement - Macs Exca- vating (primary), Coastal Construction Service and Richard Walcott and Son (secondary) at an annual estimat- ed cost of $60,000 with funding from Accounts Receivable - Lot Clearing, Mowing, Trees (Account Nos. 001-0000-115- 26.00, 27.00 and 28.-00). Approval is recommended. Dr. Alperin moved approval of the Consent Agenda as amended, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 9.1.A. (8.G.) Request to Hold Carnival. The Commission is to consider approving a request from the American Legion Post #188 to hold a Carn- ival from November 19-25, 1990 at S.W. 8th Avenue and S.W. 10th Street, south of the Delray Beach Cemetery. Approval is recommended subject to conditions. Mr. Andrews stated he received a call from a resident who felt conducting a carnival next to a cemetary where funeral services are being held is inaapropriate. Ms. McCarty suggested the funeral director notify the clients of the dates and hours of the carnival to assure non-conflicting ar- rangements can be made. Dr. Alperin moved approval of the request to hold the carnival from November 19-25, 1990, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.1.A.A. (8.C.) Water Service Agreement. The Commission is to approve a water service agreement for the Marriott Adult Congregate Living Facili- ty (ACLF) a proposed 130 bed ACLF and 60 bed nursing facility to be located west of Military Trail, south of Atlantic Avenue, behind the Sun Bank facility. Mr. Randolph moved approval of the Water Service Agreement, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. -3- 9/25/90 Mr. Andrews asked if a site plan would have to be submitted and approved by the City for this project. Mr. Kovacs, Planning Director, stated that site plan submittal is a condition of the water service agreement. Mr. Shandler, agent for the property owners and the contract purchaser, stated this particular piece of property is outside the City limits. The new Water Service Agreement stems from the concurrency law effective February 1, 1990. The County will certify the petition only after receiving an actual signed Water Service Agreement needed because of concurrency. 9.A. Agreement Between the City and Del Aire Country Club. The Commission is to consider an agreement between the City and Del Aire Country Club transferring the maintenance responsibility for three landscaped medians on Military Trail, adjacent to the Del Aire Country Club, to the City. Approval is recommended contingent upon identif- ication of funding. Ms. McCarty moved approval of the Agreement between Del Aire and the City, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. The City Attorney advised there are some changes in the Agree- ment. In Paragraph #5 there is language inserted with respect to the failure to provide irrigation. "Provided insufficient is not a result of water restrictions imposed by governmental entity". In Paragraph #19 there is some additional language to indicate that "the responsibilities are for the maintenance and nothing else." The City Attorney stated this Agreement requires the City to incur additional liability which is in appropriate legal form, but his office has some concerns about incurring that additional liability. 9.B. Conditional Use Request. The Commission is to consider a conditional use request for 20 off-site parking spaces, on property zoned RM-15, located on the west side of Salina Avenue approximately 300 feet south of Atlantic Avenue in order to accomodate the proposed expansion of the Bermuda Inn. Denial is recommended. Ms. McCarty moved to postpone this issue until the meeting of October 23, 1990, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - No. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mark Marsh, Agent, requested a postponement from this meeting. The proposed restaurant will be omitted from the site plan request but the parking lot issue is still valid. He would like an opportunity to -4- 9/25/90 meet and discuss this issue with staff and those concerned parties to describe the new proposed program. Elizabeth Matthews, 1025 White Drive, stated she objects to the parking lot and feels it is an intrusion. At this point the roll was called to the motion. PUBLIC HEARINGS - 7 P.M. At this point, the time being 7:10 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10.A. 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 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. (Copy of Ordinance No. 42-90 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. Randolph moved for the adoption of Ordinance No. 42-90 on Second and FINAL 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; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 10.B. Resolution No. 92-90. Resolution No. 92-90, levying a tax on all properties within the City of Delray Beach, is before the Commission for consideration. Prior to consideration of passage of this resolu- tion, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 92-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO 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. 92-90 is on file in the official Resolution Book) The City Attorney read the resolution in its entirety and stated there would be a change from 6.20 to 6.15 in the operating -5- 9/25/90 millage. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. The City Manager reviewed the changes that were discussed at the last budget work session which reduced the millage to 7.15. Mr. Andrews commented he wished to commend the City Manager for his accomplishments. Dr. Alperin commented he was pleased to see where the millage rate was and feels it was a major accomplishment. He wished to thank the City Manager and staff for the work that was expended. Mr. Randolph stated his appreciation to the City Manager and the staff for all the work done. Ms. McCarty stated she was very pleased with the process, but would have liked to see the millage rate even lower. She chose to vote no on this issue. Mr. Andrews moved for the adoption of Resolution No. 92-90, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - No; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. The City Manager stated the Commission has adopted a tax rate which is an increase of 14.1531% over the rollback rate . This is the official rollback rate increase. 10.C. Resolution No. 93-90. Resolution No. 93-90, making appropria- tions of sums of money for all necessary expenditures of the City from October 1, 1990 to September 30, 1991, 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. The caption of Resolution No. 93-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING 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. (Copy of Resolution No. 93-90 is on file in the official Resolution Book) -6- 9/25/90 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. The public hearing was closed. Dr. Alperin moved for the adoption of Resolution No. 93-90, seconded by Mr. Andrews. The City Manager commented that there have been some changes in Exhibit A. The Annual Tax Revenue will be reduced because of the millage decrease from 7.2 to 7.15 and the $4,000 + will be added in for Parks and Recreation to take care of the median maintenance. Dr. Alperin amended his motion to reflect the changes, Mr. Andrews amended his second. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 10.D. Resolution No. 86-90. Resolution No. 86-90, modifying the Community Redevelopment Plan to provide for the expenditure of Tax Incremental Financing (TIF) funds to subsidize the interest on loans obtained by private parties for the purpose of enhancing or upgrading the exterior of privately owned properties within the Con~nunity Re- development Area, 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. The caption of Resolution No. 86-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH TO PROVIDE FOR THE IMPLEMENTATION OF A REDEVELOPMENT PROGRAM WHEREBY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY WILL EXPEND TAX INCREMENTAL FINANCING FUNDS TO SUBSIDIZE THE INTEREST ON LOANS OBTAINED BY PRIVATE PARTIES FOR THE PURPOSE OF ENHANCING OR UPGRADING THE EXTERIOR OF PRIVATELY OWNED PROPERTIES WITHIN THE COMMUNITY REDEVELOPMENT AREA; FINDING THAT THE MODIFICATION CONFORMS TO THE COMMUNITY REDEVELOP,MENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATION IS CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUES SECTIONS 163.360 (6) AND (7); AND PROVIDING FOR SEVERABILITY. (Copy of Resolution No. 86-90 is on file in the official Resolution Book) 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. -7- 9/25/90 Kevin Egan, Chairman of the CRA, discussed the decisions made with regard to the previous joint City Commission and CRA Meeting. In addition, Mr. Egan presented the Mayor and City Commission with a check in the amount of $138,000 as repayment of the City's start-up loan to the CRA. The public hearing was closed. The Assistant City Attorney stated there is a substitute Resolution No. 86-90, for cosmetic purposes only and will not reflect any changes. Dr. Alperin moved for the adoption of revised Resolution 86-90, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. PUBLIC COMMENT ll.A.1 M~ry Lou Jamison, 515 N. Swinton Avenue, requested the Commis- sion honor the City's commitment, made by Gates Castle, to redesign 8th Street Circle. Ms. McCarty requested the City Manager to check into the priorities of the Engineering Department and report back to the Commis- sion. ll.A.2. Dr. John Westine, 250 Dixie Blvd., stated he was supporting the comments regarding the resuscitation of the commitment made by Gates Castle and the expedition of that commitment. ll.A.3. Bernard Burkoff, Villas of Rainberry Lakes, stated the resi- dents of West Delray Beach (Lake Ida and Congress Avenue area) are tired of intrusions into their neighborhood and stated his opposition to the idea of a hazardous waste depository on City property near the S.E. corner of Lake Ida Road and Congress Avenue. In reply to Mayor Lynch's question, the City Manager stated there have been some very preliminary contacts between the Fire Depart- ment and the Solid Waste Authority. There will be further discussion at the staff level, and if need be, it will come before the Commission. ll.A.4. Bernard Plotkin, 2507 Par Circle, stated he feels the proposed fees for the golf course are fair. He also commended the people who were responsible for managing the golf course; it is looking very nice. ll.A.5. Helen Coopersmith, resident, commented the City should do some public relations work with regard to the hazardous waste in order to subside some of the feelings that the residents have. ll.A.6. Arthur Jackel, resident, expressed his thanks to the City Manager and the Commissioner for working so diligently and accomplishing as much as they have on the budget. He suggested to the Commission that they should consider having the City Manager, Assistant City Managers -8- 9/25/90 ~nd Department Heads compelled to live within the City limits of Delray Beach. ll.A.7. Robert Deshaies, Deaf Service Center of Palm Beach County, requested the Commission reconsider the City's allocation to the Agency. ll.A.8. Alice Finst, 707 Place Tavant, stated Public Hearings should take place at 7:00 as noted in the agenda. She also stated if there is a video or slide presentation made, it should be in a position that the whole audience would also be be able to see it. She would like to see the pictures that had been taken down when the Chambers were being remodeled put back on the wall. Mayor Lynch stated the Public Hearings are meant to be at 7:00 P.M., and the Commission's intent is to be as consistent as possible. 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 consider- ation on First Reading. If passed, Public Hearing will be held October 9, 1990. 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 FOR RESIDENTIAL SER- VICE; AND TO PROVIDE FOR INCREASED GARBAGE AND TRASH SERVICE CHARGES AND FEES FOR COMMERCIAL SERVICE; AND TO PROVIDE FOR FEES FOR BOTH RESIDENTIAL AND COMMER- CIAL 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. The City Attorney advised this ordinance was being read again as there was an error in the caption which indicated that there would be an increase in certain garbage fees. Mr. Andrews stated there should be a workshop, with the City lobbyist, regarding what the priorities should be. Dr. Alperin moved for the adoption of Ordinance No. 41-90 on First Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - -9- 9/25/90 Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 12.B. Ordinance No. 47-90. Ordinance No. 47-90, annexing various parcels located east of Military Trail and north of the L-33 Canal with initial zoning of GC (General Commercial) District, AG (Agricultural District), and CF (Community Facilities) District, is before the Commis- sion for consideration on First Reading. If passed, Public Hearing will be held October 23, 1990. The City Manager presented Ordinance No. 47-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH SIX (6) PARCELS OF LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 41 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED NORTH OF WEST ATLANTIC AVENUE ON THE EAST SIDE OF MILITARY TRAIL, TYING NORTH OF THE L-33 CANAL; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND, PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT, IN PART, AND AG (AGRICULTURAL) DISTRICT, IN PART; 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. 47-90 on First 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; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. At this time the Commission returned to the Regular Agenda. 9.C. 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 Second and FINAL Reading. (Note: Public Hearing held 8/28/90). 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 -10- 9/25/90 CONSTRUCTION", 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. (Copy of Ordinance No. 25-90 is on file in the official Ordi- nance Book) The City Attorney advised the effective date will be October 1, 1990. Ms. McCarty moved for the adoption of Ordinance No. 25-90, seconded by Dr. Alperin. Roger Saberson, questioned if this will be with the amendments of the staff report from David Kovacs dated August 28, 1990. Ms. McCarty withdrew her motion, Dr. Alperin withdrew his second. David Kovacs reviewed the items that were not previously directed clearly. Ms. McCarty moved for the adoption of the LDR's as modified by the August 28th memorandum from the Planning Director, incorporating his comments of tonight, and such other amendments as the City Commission directed at various public and Workshop meetings, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. -11- 9/25/90 9.D. Extension of Conditional Use and Site Plan Approval. The Commission is to consider a request for an extension of conditional use and site plan approval for the Isles of Delray SAD (Special Activities District). Approval is recommended. Dr. Alperin moved to deny the extension of conditional use and site plan approval, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.E. 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. (Note: Public Hearing held 8/14/90. Should Ordinance No. 25-90 be passed, a motion to deny this Ordinance should be made as this action is encompassed in the Land Development Regulations). 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 -12- 9/25/90 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. Dr. Alperin moved to deny Ordinance No. 26-90 on Second and FINAL reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. 9.F. 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 held 8/14/90. Should Ordin- ance No. 25-90 be passed, a motion to deny this Ordinance should be made as this action is encompassed in the Land Development Regulations). 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 -13- 9/25/90 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. Mr. Andrews moved to deny Ordinance No. 28-90 on Second and FINAL reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.G. 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 held 8/14/90. Should Ordinance No. 25-90 be passed, a motion to deny this Ordinance should be made as this action is encompassed in the Land Development Regulations). 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, FLO~IDA; PROVIDING A GENERAL REPEALER CLAUSE; PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. Mr. Andrews moved to deny Ordinance No. 29-90 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; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.H. 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 -14- 9/25/90 consideration on Second and FINAL reading. (Note: Public Hearing held 8/14/90. Should Ordinance No. 25-90 be passed, a motion to deny this Ordinance should be made as this action is encompassed in the Land Development Regulations)~ 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. 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. Mr. Andrews moved to deny Ordinance No. 30-90 on Second and FINAL reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.I. Request for Waiver of the City Code. The Commission is to consider a request for waiver of the City Code for the proposed Rieske Subdivision located on the east side of S.E. 7th Avenue between S.E. 3rd and S.E. 4th Streets. This waiver request includes waiver of the sidewalk requirement, waiver of requirement for water main extension and waiver of additional right-of-way requirement. Approval is recommended. David Reiske, applicant and owner of the property, stated the Unity of Title came about because he is creating this plat for sub- division for future sale and development. The City Attorney stated what it actually does is allows Mr. Reiske to market the property as three lots without having to come before the Commission in the future. It will be an administrative action by the Chief Building Official to release the Unity of Title to allow the construction to take place. This does not waive his having to go before the Historic Preservation Board for demolishment of the structure. -15- 9/25/90 9.L. Settlement Offer. The Commission is to consider terminating negotiations with H. Kurt Kettlehut and Associates and payment in the amount of $11,781.81 to settle a contract dispute, contingent upon receipt of all drawings and other documentation relating to work for which the City contracted. Approval is recommended. Mr. Andrews returned to the Commission Chambers at this time. Nancy Davila, City Horticulturist, stated this is not so much a settlement offer as it is payment due for receipt of the drawings. The money owed Mr. Kettlehut has no relationship to the fact that the drawings are being held. The money the City feels is due him is for services that were rendered for things that have been used, and some of it for reimbursables for various items that were paid out of pocket. Mr. Andrews stated he feels problems created by consultants should be borne by the consultants. Mr. Andrews moved approval of the settlement offer conditioned on the receipt of the documents, drawings and the release within two weeks; if not, this issue should be brought back to the Commission for consideration, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.M. Settlement Offer. The Commission is to consider an offer from Hermina Marks in the amount of $14,000 to settle litigation initiated against the City regarding an alleged "slip and fall" accident on the sidewalk along A1A. Acceptance is recommended. Ms. McCarty moved approval of the settlement offer, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - No; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 4 to 1 vote. 9.N. Appointments of Members to the Code Enforcement Board. The Commission is to consider Seat 3 appointment of an alternate member, to fill the unexpired term of Jean Beer ending January 13, 1993. Also to be considered is the Seat 4 appointment of Seat 4, a member to fill the vacant architect position to a term ending January 14, 1992. Mr. Andrews moved to appoint Katherine Newkerk to the appoint- ment of an alternate member of the Code Enforcement Board, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. Mr. Randolph moved to appoint Susan Gracey to fill the vacant architect position of the Code Enforcement Board, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - -18- 9/25/90 ~es; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.0. Women's Club Parking Lot Paving. The Commission is to consider a request from the Women's Club to resurface the parking lot adjacent to the Club. Mayor Lynch stated the Women's Club would like to pay $2500 and the recommendation is that they pay one-half. Mr. Andrews stated he would like to have this issue work- shopped. Ms. McCarty suggested the City invite the members of the Women's Club to attend the workshop meeting. 9.P. Resolution No. 74-90. Resolution No. 74-90, authorizing the taking of property for the proposed relocation of Fire Station No. 1, is before the Commission for consideration. The caption of Resolution No. 74-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION IN FEE SIMPLE OF CERTAIN REAL PROPERTY, BEING A PORTION OF BLOCK 20, TOWN OF DELRAY AS SHOWN ON THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGES 3 AND 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FOR THE PUBLIC PURPOSE OF BUILDING A NEW FIRE STATION FACILITY NO. 1; FINDING THAT THE ACQUISITION OF SAID PROPERTY IS REASONABLY NECESSARY FOR THE CONSTRUCTION OF A NEW FIRE STATION FACILITY NO 1; PROVIDING THAT IN THE EVENT EMINENT DOMAIN PROCEEDINGS ARE NECESSARY, THE CITY ATTORNEY IS AUTHORIZED TO RETAIN THE SERVICES OF APPRAISERS, EXPERTS IN OTHER DISCIPLINES, AND PRIVATE COUNSEL TO ASSIST THE CITY ATTORNEY IN THIS MATTER; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PUR- POSES. (Copy of Resolution No. 74-90 is on file in the official Resolution Book) The City Attorney advised passing the resolution, but fully consider whether all of the property is needed for both a single story and a two story or multi story building. He stated direction needs to be made more explicit at an upcoming workshop. Mr. Andrews moved for the adoption of Resolution No. 74-90, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. -19- 9/25/90 9.Q. Decade of Excellence Bond Expenditure. The Commission is to consider consistency with the Comprehensive Plan of using the Decade of Excellence Bond Issue to fund the proposed Old School Square Parking area. Ms. McCarty moved approval of the finding of consistency with the Comprehensive Plan with regard to the spending of the Decade of Excellence bond money, seconded by Mr. Randolph. Upon roll call the Commission voted as. follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.R. Appointments to the Neighborhoods Task Force. The Commission is to consider appointments of additional members to the Neighborhoods Task Force, one to represent Area "H", located south of the Central Business District, north of S.W. 10th Street, between FEC Railway and Federal Highway; a member to represent the Haitian community; and a member to represent Area "L" to replace a member who has failed to participate. Dr. Alperin moved to appoint Alice Williams to the Neighbor- hoods Task Force, Area L, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. Mr. Andrews moved to appoint Gene White to the Neighborhoods Task Force, Area H, seconded by Ms. McCarty. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin moved to appoint Dr. Pierre Cadet to the Neighbor- hoods Task Force, Haitian Community, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.S. Emergency Waiver of Bid Requirements and Award of Bid. The Commission is to declare an emergency and waive bid requirements to permit award of a bid for lighting improvements at the Miller Park ball field. Approval is recommended. The City Manager stated two bids were received, one from Musco Lighting and one from Hunter and Epshield. Thompson and Associates helped evaluate the bids and they have found Hunter and Epshield's bid does not meet bid specifications. Mr. Andrews moved for approval of the emergency waiver of bid requirements, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. -20- 9/25/90 Mr. Andrews moved approval to waive the bidding ordinance, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Mr. Andrews moved to accept the bid of Musco Lighting in the amount of $30,000 as outlined in the memo, and to accept the low bid from American Lighting, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. 9.T. (8.B.) Ratification of South Central Regional Wastewater Treatment and Disposal Board Revised Operating Budget. The Commission is to consider ratifying the SCRWTD Board amended operating budget for fiscal year 1990-1991 in the amount of $3,175,549. Mr. Randolph moved approval of the ratification of the Regional Wastewater Treatment Budget, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - No; Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. 13.A.1. Mr. Randolph requested the City Manager to inquire if the Assistant Building Official is working on the permit process for the expansion at the Regional Wastewater Treatment. The starting date is October 1, 1990. 13.A.2. Mr. Andrews questioned the City Manager with regard to the lighting on A1A. In reply, the City Manager stated time clocks can be installed at a cost of between $2600 and $2800. Mayor Lynch directed the City Manager to come back to the Commission with a formal presentation before next season. 13.A.3. Mr. Andrews requested the City Manager evaluate the landscaping along U.S.1 and forward his report to the Commission. 13.A.4. Ms. McCarty questioned if the contract for the City Manager and the City Attorney would be formally addressed. Mayor Lynch stated this issue would be tentatively set for November 7, 1990, a workshop meeting. 13.A.5. Dr. Alperin questioned if the City has received a modified Interlocal Agreement from the County Commission concerning the bond. In reply, the City Attorney stated it has not been signed yet. -21- 9/25/90 13.A.6. Mayor Lynch stated he would like to workshop, within the next couple of months, an evaluation of the grading scale and top outs for the employees. 13.B.1. The City Attorney stated he has a request to relocate his office either to the Public Utilities present location or offsite. He is required to give 120 days termination notice and would like to have his request placed on the October 2nd Commission workshop. He would send a termination notice effective February 1, 1991. It was the consensus of the Commission to send a notice of termination. 13.B.2. The City Attorney stated he received a letter from the Fire Union's attorney requesting the Pension Board to file action against the City with respect to the benefits issue. He relayed to the Pension Board that the Commission will hold a workshop next week and that they should be included. He also indicated his intent to file the appeal with the Department of Insurance. It was the consensus of the Commission to proceed with the appeal. 13.C.1. The City Manager advised, with regard to the telephones, that there are some lines being charged to the City, but are not being used. There is no final figure at this point for the refund being given by Southern Bell, but it should be somewhere between $7,000 - $8,000. 13.C.2. In reply to Mayor Lynch, the City Manager stated he would hopefully be making a decision on a new Finance Manager this week and the selection of City Engineer is very close. Mayor Lynch declared the meeting adjourned at 9:50 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 25, 1990, which minutes were formally approved and adopted by the City Commission on /~/~/~O -22- 9/25/90 JCity Cler~ 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. -23- 9/25/90