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11-27-90 NOVEMBER 27, 1990 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:00 P.M., November 27, 1990. Prior to the meeting, Mr. Armand Mouw was sworn in by the City Clerk as a City Commission member. Mr. Mouw will fill the unexpired term of Mary McCarty who resigned to accept a County Commission posi- tion. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner William Andrews Commissioner Armand Mouw Commissioner David Randolph Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz 2. The opening prayer was delivered by Reverend Scott Gress of Trinity Lutheran Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 3.A. Election of Vice-Mayor and Deputy Vice-Mayor. Mr. Randolph moved to nominate Mr. William Andrews as Vice Mayor, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin moved to nominate Mr. Randolph as Deputy Vice- Mayor, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 4. Mayor Lynch noted the addition of Item 9.0., the City Attor- ney's change, to be added to the regular agenda for the appointment of a new Assistant City Attorney. The City Attorney requested Item 8.A. be removed from the Consent Agenda and added to the Regular Agenda as Item 9.A.A. Mr. Randolph moved approval of the agenda as amended, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 5. Dr. Alperin moved approval of the Special meeting minutes of November 7, 1990, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations. Mayor Lynch read and presented a proclamation proclaiming the Trinity Lutheran School Tigers to be Victorious in a No Loss Season. 7. Presentations. None. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.B. Agreement with Baseball School for Joint Development of Miller Park (Decade of Excellence Bond Issue Funds). The Commission is to consider Addendum No. 2 to Lease Agreement with the Baseball School for development of the additional eight (8) acres at Miller Park. There is $375,000.00 available in the Decade of Excellence Bond Issue for this project. Approval is recommended. Dr. Alperin moved approval of the Consent Agenda, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 9.A.A. (Item 8.A.) Architect Agreements - Veterans' Park, Currie Commons Park and Miller Park. The Commission is to consider Archi- tectural Agreements and Service Authorizations No. 1 for Site (Master) Plan for Currie Schneider Associates for Veterans' Park ($25,245.54) Digby Bridges and Marsh for Currie Commons Park ($15,200.00) and Miller Park ($26,000.00). Approval is recommended. The City Attorney stated this will be approval of three con- tracts, two of them for Digby Bridges and Marsh for Currie Commons Park and one for Veterans' Park. The contract is going to be the master form which will be used on all architectural contracts in the future. The basic concept is to go with service authorizations. The authorizations before the Commission tonight are not for the entire plan, they are for conceptual design. One of the major changes of the contract is the reduction in the amount of the business automobile liability insurance from $500,000 to $300,000. The other change is that there be a very stringent attorney fees provision that will allow collection of attor- ney's fees whether or not there was presence in court. Mr. Mouw moved approval of the architect agreements, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. -2- 11/27/90 Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.A. Review of Appealable Land Development Actions of Various Boards. The Commission is to consider accepting actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and Historic Preservation Board. Dr. Alperin moved approval of the review of Appealable Land Development Actions, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote 9.B. Review and Action on the Design Guidelines - Historic Preserva- tion Board. The Commission is to consider adopting the document "Design Guidelines for Historic Places - A Preservation Manual" as provided pursuant to Sec. 2.2.6(D) (7) of the LDR's. Mary Lou Jamison, 515 N. Swinton Avenue, stated she would like to have the choice to pick fence types, as desired, and would also like to choose the color from the color charts. David Kovacs, Planning and Zoning Director, recommended either approval of the document, with it coming back for amendment at a later time, or continuing it until the December llth meeting when staff can present changes or comments with regard to the issue. Mayor Lynch stated the Homeowner Associations should get a chance to review the guidelines, and Mr. Kovacs can bring it back to the Commission when he feels he is ready. Mr. Andrews moved for continuance on the design guidelines, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.C. Request for Downtown Core Geographic Area of Exception. The Commission is to consider initiating a request to the Palm Beach County- wide Planning Council for the designation of a Geographic Area of Exception - Downtown Core. Such a designation is allowed pursuant to the County's recently adopted Countywide Traffic Performance Standards. Also, accept the CRA's offer of retaining a consultant and funding the necessary studies. The City Attorney advised that the County has adopted an ordinance, but it does not go into effect until the County adds an amendment to their Comp Plan. This is expected to occur formally in the month of December. This ordinance is more stringent in compliance with local service standards, but it also provides for exceptions. The actual initiative request has to come from the City Commission, for Downtown Core, and they will get their recommendation from the CRA. The CRA has agreed to hire a consultant, and the request is for the CRA to be the lead agency on the project. -3- 11/27/90 Mr. Mouw moved approval of the request for Downtown Core Geographic Area of Exception, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin moved to direct the City Manager to request a designation for Downtown Core, the geographic area of exception to the County, Countywide Traffic Performance Standard Ordinance, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.D. Request for Waiver. The Commission is to consider a request from John G. Baccari for a waiver with respect to payment of a process- ing fee for a site plan review for property located at 112 N.E. 1st Avenue. Denial is recommended. The City Manager stated it is inappropriate to waive the fee in this case, as it will be difficult to determine other requests of similar nature in the future. If the Commission wishes to direct the staff to develop a fee schedule, it can be done, but he does not feel an adequate basis has been presented for a decision to waive the fee in this particular case. He feels there is nothing that distinguishes this property from others of similar size. Mayor Lynch recommended staff evaluate costs associated with redevelopment. Mr. Andrews moved to deny the request for waiver, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes: Dr. Alperin - No; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 1 vote. 9.E. Request ~or Relief. The Commission is to consider a request for relief from requirements for installation of sidewalk and street paving (Lot 22, Block 6, Silver Terrace). Intensive discussion was heard regarding this item. Mr. Mouw moved that the property homeowner be allowed to put up an amount of money in lieu of paving the sidewalk in order to obtain a building permit, seconded by Dr. Alperin. Mr. Kovacs stated the homeowner is responsible for half the street and sidewalk. The obligation on the property would be to upfront the cost of street paving and sidewalk installation. This is what the homeowners are seeking relief from. The Code also requires that im- provements are done to the property. In reply to Mayor Lynch, Mr. Kovacs stated this item can be reevaluated at a future time. Mayor Lynch stated the process for this item is going to be slowed down, which will give the City an opportunity to come back with a -4- 11/27/90 more feasible plan. In the case it doesn't, he would be willing to accept it. Mr. Mouw withdrew his motion, Dr. Alperin withdrew his second. Mr. Andrews moved to deny the request for relief, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - No; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - No. Said motion passed with a 3 to 2 vote. 9.J. Appointment to the Community Redevelopment Agency. The Commis- sion is to consider appointing a member to fill the unexpired term of Armand Mouw, to a term ending 7/9/91, on the Community Redevelopment Agency. Seat 1 appointment. Mr. Mouw moved to appoint Doyle Dudley to the Community Rede- velopment Agency to fill the unexpired term of Armand Mouw, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. PUBLIC HEARINGS - 7:00 P.M. At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10.A. Resolution No. 106-90. Resolution No. 106-90, requesting financial assistance from the Department of Natural Resources for the development of Veterans' Park, is before the Commission for considera- tion. Prior to consideration, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 106-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING FINANCIAL ASSISTANCE FROM THE DEPARTMENT OF NATURAL RESOURCES FOR THE DEVELOPMENT OF VETERANS' PARK. (Copy of Resolution No. 106-90 is on file in the official Resolution Book) Arthur Jackel, resident, stated no more money should be taken from the taxpayers dollars for this park. He feels there is more than enough at this time. The public hearing was closed. Dr. Alperin moved for the adoption of Resolution No. 106-90, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. -5- 11/27/90 10.B. Resolution No. 107-90. Resolution No. 107-90, requesting financial assistance from the Department of Natural Resources for the development of Currie Commons Park, is before the Commission for consid- eration. Prior to consideration, a public hearing has been scheduled to be held at this time. The public hearing was closed. The caption of Resolution No. 107-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING FINANCIAL ASSISTANCE FROM THE DEPARTMENT OF NATURAL RESOURCES FOR THE DEVELOPMENT OF CURRIE COMMONS PARK. (Copy of Resolution No. 107-90 is on file in the official Resolution Book) Mr. Randolph moved for the adoption of Resolution No. 107-90, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. PUBLIC COMMENT ll.A.1. Lillian Feldman, resident, questioned if the Commission could look into obtaining new microphones for the Commission Chambers. Mayor Lynch stated staff would look into this. ll.A.2. Beth Mulholland, representing Spady School, stated the students and parents of the Spady School will be going to Washington, D.C., and is requesting help from the City with the trip. The City Manager advised this issue will be on the agenda of December 4, 1990. ll.A.3. Arthur Jackel, Chairman of the the United Property Owners, stated most of Congress Avenue is coming along nicely, but the strip between Atlantic Avenue and Lake Ida Road is falling behind. Mayor Lynch requested the City Manager to check the status of this matter. ll.A.4. Frank Wheat, realtor, Delray Beach, welcomed Armand Mouw in his new capacity as Commissioner. Mr. Wheat requested the City Manager or the Commission to look into the traffic light at the corner of Atlantic Center (Venetian and Atlantic Avenue) which seems to be malfunctioning. Mayor Lynch stated the Traffic Engineer, as soon as he is hired, will make this a priority. ll.A.5. Mary McCarty, resident, congratulated Armand Mouw on his election to the City Commission. She stated she will be looking into the traffic signal problems and emphasized the fact that she will be working with the Commission and City Manager and they can feel free to call her anytime the need arises. -6- 11/27/90 ll.A.6. Helen Coopersmith, resident, stated there is a need for a left turn signal on West Atlantic Avenue in order to have easier access to the Barnett Bank. FIRST READINGS 12.A. Ordinance No. 57-90. Ordinance No. 57-90, correcting the Land Development Zoning Map by changing the zoning in the Old Germantown area (off Georgia Street) from MIC (Mixed Industrial Commercial) District to I (Industrial) District, the Shoppes of Seacrest from RM (Residential Medium Density) District to NC (Neighborhood Commercial) District, Semmie Taylor property, Lot 26, Block 12, from R-1-A (Single Family Dwelling) District to GC (General Commercial) District and the Hess Gas Station (Military Trail) from PC (Planned Commercial) District to GC (General Commercial) District, is before the Commission for consider- ation on First Reading. If passed Public Hearing will be held December 11, 1990. The City Manager presented Ordinance No. 57-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFI- CATION FOR FOUR PARCELS OF LAND BY REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) IN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT; REZONING AND PLACING LAND PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN GC (GENERAL COMMERCIAL) DISTRICT; REZONING AND PLACING LAND PRESENTLY ZONED MIC (MIXED INDUSTRIAL AND COMMER- CIAL) DISTRICT IN I (INDUSTRIAL) DISTRICT; REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY DWELLING) DISTRICT IN GC (GENERAL COMMERCIAL) DIS- TRICT; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Kovacs stated these four (4) items have come to attention since adopting the new zoning map. If anyone feels there is an incor- rect change made to the map it can be considered as a correcting item as opposed to a rezoning action. Mayor Lynch stated in the future he feels notices should be sent to property owners when their property is to be rezoned. Dr. Alperin moved for the adoption of Ordinance No. 57-90 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 12.B. Ordinance No. 58-90. Ordinance No. 58-90, amending the Land Development Regulations to provide for the deletion of the prohibition -7- 11/27/90 of the sale of second hand material within businesses located in the Central Business District between North 1st and South 1st Streets, is before the Commission for consideration on First Reading. If passed, Public Hearing will be December 11, 1990. The City Manager presented Ordinance No. 58-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT" SUBSECTION 4.413(H) (1) "SPECIAL REGULATIONS", BY REPEALING PARAGRAPH 4.4.13 (H) (1) TO PROVIDE FOR THE DELETION OF THE PROHIBITION OF THE SALE OF SECOND HAND MATERIAL WITHIN BUSINESSES LOCATED BETWEEN NORTH 1ST AND SOUTH 1ST STREETS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Frank Spence, CRA representative, stated the CRA Board does not want any new or additional stores that sell second hand material on Atlantic Avenue; however, they do not have any objections to the stores being on the side streets. Paul Golis, 3570 Lakeview Drive, representing AVDA, stated his thanks to the CRA for their position and noted, for the record, that the thrift shop would not be located on Atlantic Avenue, rather the proposed location would be at 98 S.E. 4th Avenue. Mr. Golis submitted a petition which was for the store to be kept downtown in the preferred location. Upon request by Mayor Lynch, the City Attorney, for Mr. Mouw's benefit, reviewed the procedures for ordinances on First and Second Reading. The following residents spoke in favor of AVDA: Arthur Jackel, Lillian Feldman, Richard Eckerle and Jerry Marshall. Mr. Mouw stated he would like to discuss the possibility of amending this issue to go along with the CRA's recommendation. Dr. Alperin stated the issue is not AVDA, it is the issue of second hand retail. Mr. Andrews moved to refer this issue back to Planning and Zoning and the DDA, to make recommendations based on their marketing analysis, and vote on it whether it is private or public, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. -8- 11/27/90 Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. At this time the Commission returned to the regular agenda. 9.F. Golf Course Management Agreement - Dubin Associates. The Commission is to consider approving a new contract, as modified by the October 23, 1990 action, with Dubin Associates, Inc., to replace the existing agreement with Gerecter and Dubin which expires December 31, 1990. The City Attorney advised Mr. Dubin has purchased the entire corporation and will change the name to Dubin and Associates, Inc. It would be appropriate to terminate the agreement previously approved between Gerector and Dubin and the City, effective December 31, 1990. Effective January 1, 1991 the agreement with Dubin and Associates, Inc. should be approved. Dr. Alperin moved approval of the new agreement, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.G. Appointment to the General Employees Retirement Fund Committee. The Commission is to consider appointing a member to fill the vacant position created by the resignation of William Plum on the General Employees Retirement Fund Committee. Seat 3 appointment. Mr. Andrews moved to appoint Edward A. Zuraw to the General Employees Retirement Fund Committee, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.H. Appointment to the Board of Adjustment. The Commission is to consider appointing an alternate member to fill the unexpired term of Robert Moore, who was appointed a regular member, to a term ending 8/31/91. Seat 4 appointment. Mr. Randolph moved to appoint Richard Eckerle as an alternate member to the Board of Adjustment, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.I. Appointments to the Code Enforcement Board. The Commission is to consider appointing two alternate members to the Code Enforcement Board. Mayor's appointment of a member to the General Contractor's position and Seat 1 appointment of a member to the Subcontractor posi- tion. Mayor Lynch recommended Dominick Sarlo to the Code Enforcement Board. -9- 11/27/90 Mr. Mouw moved to appoint Dominick Sarlo as an alternate member of the Code Enforcement Board, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Mr. Mouw moved to appoint Fred Griffin as an alternate member to the Code Enforcement Board, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 9.J. This item was moved up on the Regular Agenda. 9.K. Designation to the Palm Beach Countywide Beaches & Shores Council. The Commission is to consider designating a primary member to replace Vice-Mayor McCarty to represent Delray Beach on the Palm Beach Countywide Beaches & Shores Council. Dr. Alperin moved to volunteer representation on the Palm Beach Countywide Beaches & Shores Council, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.L. Designation to the Metropolitan _Planning Organization. The commission is to consider designating a second alternate member to replace Vice-Mayor McCarty to represent Delray Beach on the Metropolitan Planning Organization. Mr. Andrews moved to appoint Mayor Lynch as second alternate to the Metropolitan Planning Organization, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.M. Resolution No. 113-90. Resolution No. 113-90, extending the sunset date of the Neighborhoods Task Force from December 1, 1990 to January 31, 1991, is before the Commission for consideration. The caption of Resolution No. 113-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 68-90 WHICH ESTABLISHED THE NEIGHBORHOODS TASK FORCE OF THE CITY OF DELRAY BEACH AS AN AD-HOC ADVISORY BODY TO THE CITY COMMISSION, BY AMENDING SECTION 3 OF RESOLUTION NO. 68-90 WHICH PROVIDES THAT THE NEIGHBORHOODS TASK FORCE SHALL HAVE A SUNSET DATE OF DECEMBER 1, 1990, BY EXTENDING THE ESTABLISHED SUNSET DATE OF DECEMBER 1, 1990, TO JANUARY 31, 1991; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 113-90 is on file in the official Resolution Book) -10- 11/27/90 Mr. Mouw moved for the adoption of Resolution No. 113-90, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.N. Change Order No. 2. The Commission is to approve Change Order No. 2, in the amount of $21,240.00 to the contract between the City and Johnson and Davis, Inc., to expand the scope of work to the S.E. 1st Street Drainage Improvement project. Funding is to come from Account No. 441-8111-536-XX.XX. Mr. Andrews moved approval of Change Order No. 2, funding to come from Account No. 441-8111-536-XX.XX, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.0. Appointment of Assistant City Attorney. The Commission is to consider the appointment of David N. Tolces as Assistant City Attorney at the annual salary of $31,000 to start under the terms and conditions as set forth to be effective December 12, 1990. Mr. Andrews moved to appoint David N. Tolces as Assistant City Attorney, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 13.A.1. Mr. Randolph had no comments or inquiries at this time. 13.A.2. Mr. Andrews had no comments or inquiries at this time. 13.A.3. Dr. Alperin questioned if Florida Boulevard is going to be advertised as road resurfacing. 13.A.4. Dr. Alperin questioned Lula Butler on the status of the Code Enforcement Ticket Process. 13.A.5. Dr. Alperin officially welcomed Mr. Mouw. 13.A.6 Mr. Mouw had no comments or inquiries at this time. 13.A.7. Mayor Lynch stated he would like to have the City Attorney's review put on the agenda for January and have the City Attorney inter- viewed by each Commissioner. 13.A.8. Mayor Lynch acknowledged and thanked those people who make Thanksgiving baskets; it is very much appreciated. 13.A.9. Mayor Lynch stated Waste Management is seeking a Letter of Reference from the City, but stated the City Manager advised it is not policy to give such letters. -11- 11/27/90 The City Manager stated it is an appropriate position for staff to give references by phone, but feels it should not be done by letter. It was the consensus of the Commission to discuss this issue on a January, 1991 workshop. 13.A.10. Mayor Lynch stated he feels the area where the new Walgreens' is going in is deplorable. 13.B.1. The City Attorney stated it was brought to his attention that there was a time frame on Ordinance No. 58-90. If the Commission ultimately decides to allow that use it can be done in a timely manner by passing it as an emergency ordinance on one reading on December 11, 1990, or by putting a caption together on what was incurred this evening and advertise that for First Reading on December 4, 1990 and Second Reading on December 11, 1990. Mayor Lynch agreed and advised the City Attorney to proceed in that manner, First Reading on December 4, 1990 and Second Reading on December 11, 1990. 13.C.1. The City Manager stated he was asked at the last meeting to report back to the Commission on inquiries from the public. The follow- ing are some of the matters that are being worked on: (a) Reverend Taylor was having some problems on the property he was developing on Atlantic Avenue. There have been some subsequent contacts made, but Reverend Taylor has changed his proposed use of his property to catering, which is a permitted use. (b) Vi Hinchliffe brought to the City's attention the problem she is having with Waste Management, and it will be taken care of. (c) Jerry Taylor asked about the status of the Decade of Excellence Projects. The staff report is still being developed. (d) The work on Old School Square is still continuing and there are numerous projects in the planning stage. A complete update will be forthcoming at the next meeting. (e) The Lorenzo Brooks pension matter will be on the agenda for the meeting of December 4, 1990. (f) The review of the requirements for the Residency Cards is in progress. The most common complaint is the way the system has been operating. This will eventually be changed so that it will be taken care of in one location. There will be a continuation of whether there will be a charge or whether there is some other way to establish resi- dency without the cards. (~) With regard to training for Board Chairmen, a training source is being sought. -12- 11/27/90 13.C.2. The City Manager advised that last Tuesday staff met with Dave Williams from the School Board and agreements covering four different issues were reviewed: (1) The joint use of Atlantic High School and Miller Park; (2) The signal at S.W. 4th Avenue and 10th Street; (3) Expansion of the Spady Elementary Site; and, (4) Elementary School "S" Revised drafts of these agreements are expected this week. Mayor Lynch declared the meeting adjourned at 8:20 P.M. City Cl~k ' 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 November 27, 1990, which minutes were formal- ly approved and adopted by the City Commission on ~q_m~L~/ ~; ;q~ . - ~ City C~rk ' 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. -13- 11/27/90