09-26-89 SEPTEMBER 26, 1989
A Regular Meeting of the City Commission of the City of Delray
Beach, Florida, was called to order by Mayor Doak S. Campbell in the
Commission Chambers at City Hall at 7:05 P.M., Tuesday, September 26,
1989.
1. Roll call showed:
Present - Commissioner William Andrews
Commissioner Patricia Brainerd
Commissioner Mary McCarty
Commissioner Jimmy Weatherspoon
Mayor Doak S. Campbell
Absent - None
Also present were - Interim City Manager Malcolm T. Bird and
City Attorney Herbert W.A. Thiele.
2. The opening prayer was delivered by Reverend John Knighton,
Cason United Methodist Church.
3. The Pledge of Allegiance to the flag of the United States of
America was given.
4. The Interim City Manager stated there has been a change in the
verbiage of Item No. 47, there is a revised language for the backup
material on Item No. 21, Item No. 22 was combined with Item No. 23 to
make a single ordinance for annexation thereby deleting Item No. 23 and
an addition of Item No. 37.A.
Mr. Weatherspoon moved for approval of the agenda, as modified,
seconded by Ms. Brainerd. Upon roll call the Commission voted as
follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5
to 0 vote.
5. Approval of Minutes. None.
6.A. Mayor Campbell presented a proclamation proclaiming the week of
October 1 through October 7, 1989, as "Mental Illness Awareness Week".
6.B. Mayor Campbell presented a proclamation proclaiming October 6,
1989, as "German American Day"
6.C. Mayor Campbell presented a proclamation proclaiming October 15,
1989, as "Fallen Fire Fighter's Memorial Day". Chief Koen came forward
to accept the proclamation.
6.D. Mayor Campbell presented a proclamation proclaiming the days of
October 22 through November 5, 1989, as "Shrine Hospital Days".
7.A. Resolution No. 69-89. Resolution No. 69-89, recognizing and
commending Garfield Laster. for 18 years of service to the City of Delray
Beach, is before the Commission for consideration.
The Interim City Manager presented Resolution No. 69-89:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, RECOGNIZING AND COMMENDING GARFIELD
LASTER FOR 18 YEARS OF SERVICE TO THE CITY OF DELRAY
BEACH.
(Cop~ of Resolution No. 69-89 is on file in the official
Resolution Book)
Resolution No. 69-89 was unanimously adopted by the Commission.
7.B. Mayor Campbell presented a plaque from Florida Recreation and
Park Association, Inc., to the Parks and Recreation Department in recog-
nition of their anti-drug program. Joe Weldon, Director of Parks and
Recreation, introduced Ann Nelson, Special Events Coordinator, who gave
a brief description of the events and programs used to guide the youth
away from drugs and alcohol abuse, funded by a grant from the Department
of Education.
PUBLIC HEARINGS
8. Resolution No. 65-89. Resolution No. 65-89, to levy a 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.
The Interim City Manager presented Resolution No. 65-89:
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. 65-89 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. The public hearing was closed.
Mr. Weatherspoon moved for the adoption of Resolution No.
65-89, seconded by Mr. Andrews. Upon roll call the Commission voted as
follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5
to 0 vote.
9. Resolution No. 66-89. Resolution No. 66-89, making appropri-
ations of sums of money for all necessary expenditures of the City from
October 1, 1989 to September 30, 1990, 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 Interim City Manager presented Resolution No. 66-89:
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, 1989, TO THE 30TH DAY OF SEPTEMBER, 1990; TO
PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH
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. 66-89 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. The public hearing was closed.
Mr. Weatherspoon moved for the adoption of Resolution No.
66-89, seconded by Ms. McCarty. Upon roll call the Commission voted as
follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5
to 0 vote.
Before roll call the following discussion was had:
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Ms. McCarty requested clarification that this is approval of
the proposed budget as submitted except for changes made at the work-
shop. The Interim City Manager confirmed that it is, along with the
changes which were enumerated to the Commission during those workshops.
At this point the roll was called to the motion.
10. Ordinance No. 47-89. Ordinance No. 47-89, amending Section
173.030(P) (1) of the Zoning Code to allow screened porches, screened
pool enclosures and accessory structures in open space areas in all
residential districts, 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 Interim City Manager presented Ordinance No. 47-89:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING TITLE XVII, "LAND USAGE",
CHAPTER 173, "ZONING CODE", "GENERAL REGULATIONS",
SECTION 173.030, "SPECIAL SETBACK PROVISIONS", SUBSECTION
173.030(P), BY ADDING "SCREEN ENCLOSURES, AND ACCESSORY
STRUCTURES IN REAR YARDS" TO THE SHORT TITLE OF SUB-
SECTION 173.030(P); BY AMENDING PARAGRAPH 173.030(P) (1),
TO PROVIDE THAT THE MINIMUM REAR SETBACK REQUIREMENT FOR
SCREEN PORCHES AS STATED THEREIN SHALL APPLY IN ALL
RESIDENTIAL ZONING DISTRICTS; BY ADDING A NEW PARAGRAPH
173.030(P) (2) TO PROVIDE FOR A REDUCTION OF THE REAR YARD
SETBACK FOR SCREEN ENCLOSURES AROUND SWIMMING POOLS AND
OTHER ACCESSORY STRUCTURES WHEN CERTAIN CRITERIA IS MET
AS PROVIDED THEREIN, AND TO PROVIDE THAT ANY ACCESSORY
STRUCTURE WHICH HAS A SOLID ROOF SHALL NOT BE ALLOWED A
HEIGHT GREATER THAN THAT ALLOWED BY SECTION 173.031,
"STRUCTURES ALLOWED IN SETBACKS", OR SECTION 173.039,
"WALLS, FENCES, HEDGES, AND THE LIKE"; BY RENUMBERING
PARAGRAPHS 173.030(P) (2) AND 173.030(P) (3) TO PARAGRAPHS
173.030(P) (3) AND 173.030(P) (4); AND BY ADDING A NEW
PARAGRAPH 173.030(P) (5) TO PROVIDE THAT ANY CONFLICTS
BETWEEN SUBSECTION 173.030(P) AND THE REGULATIONS AS SET
FORTH IN INDIVIDUAL RESIDENTIAL ZONING DISTRICTS SHALL BE
GOVERNED BY THE PROVISIONS OF SUBSECTION 173.030(P);
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 47-89 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.
Ms. Brainerd moved for the adoption of Ordinance No. 47-89 on
Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call
the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes;
Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
11. Ordinance No. 54-89. Ordinance No. 54-89, amending Chapter 51
"Garbage and Trash" of the Code of Ordinances relative to increasing
fees, 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
thistime.
The Interim City Manager presented Ordinance No. 54-89:
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
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PROVIDE FOR INCREASED 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.
(Copy of Ordinance No. 54-89 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.
Jack Kellerman, President of the Community Action Committee of
High Point, stated he has previously discussed this matter with several
officials of the City and would like to go on record as protesting a 59%
increase in the trash collection fees. That amounts to over $115,000
for the community and he feels it is outrageous.
The Public Hearing was closed.
Ms. Brainerd moved for the adoption of Ordinance No. 54-89 on
Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call
the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes;
Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
12. Ordinance No. 57-89. Ordinance No. 57-89, increasing the sewer
rate fee for City customers, is before the Commission 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 Interim City Manager presented Ordinance No. 57-89:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 54, "SEWERS", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY AMENDING SECTION 54.32, "SERVICE RATES AND CHARGES",
SUBSECTION B-l, "RESIDENTIAL DWELLING UNITS", AND SUB-
SECTION B-2, "NONRESIDENTIAL/COMMERCIAL UNITS", TO
INCREASE THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT
DISPOSAL BOARD CHARGES FROM $.5755 PER 1,000 GALLONS TO
$.9170 PER 1,000 GALLONS FOR INSIDE CITY USE, AND FROM
$.7194 FOR 1,000 GALLONS, FOR RESIDENTIAL AND NONRESIDEN-
TIAL/COMMERCIAL USE RESPECTIVELY, TO $1.1463 PER 1,000
GALLONS FOR OUTSIDE CITY USE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 57-89 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. Weatherspoon moved for the adoption of Ordinance No. 57-89
on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call
the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes;
Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
13. Ordinance No. 58-89. Ordinance No. 58-89, amending Chapter 117
"Landlord Permits" of the Code of Ordinances to provide for increase of
cost of landlord permits, is before the Commission 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 Interim City Manager presented Ordinance No. 58-89:
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS",
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 117.02, "PERMIT FEES", TO
PROVIDE FOR MODIFICATIONS TO THE PERMIT FEES; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 58-89 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.
Marty Trauqer, 717 Golf Court, questioned the rate of increase
for the landlord permit. Mayor Campbell advised that it went from
$11.00 to $11.50 per unit, annually. Mr. Trauger also asked if all the
permits expire on a certain date or as applied for. The Interim City
Manager advised it is from the date of issue.
The public hearing was closed.
Ms. McCarty moved for the adoption of Ordinance No. 58-89 on
Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call the
Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms.
McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
14. Ordinance No. 59-89. Ordinance No. 59-89, amending Chapters
150, 155, 157, 159, 160, 161, 162 and 164 of the Code of Ordinances to
provide for an increase to the permit fees, 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 Interim City Manager presented Ordinance No. 59-89:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING TITLE XV, "BUILDING REGULA-
TIONS'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING CHAPTER 150, "BUILDING
REGULATIONS", "MOVING BUILDINGS", SECTION 150.062,
"PERMIT FEE", TO PROVIDE FOR AN INCREASE IN THE PERMIT
FEE FOR MOVING BUILDINGS; BY AMENDING CHAPTER 150,
"BUILDING REGULATIONS", "BUILDING CODE", SECTION 150.016,
"AMENDMENTS AND ADDITIONS TO CODE" , SUBSECTION 107.4,
"SCHEDULE OF PERMIT FEES", SUBPARAGRAPHS (c)(I), (c) (II),
(c) (III) , (c) (IV) , (c) (V), (c) (VI) , AND (c) (IX) , TO
MODIFY PERMIT FEES FOR NEW BUILDINGS AND ADDITIONS,
MISCELLANEOUS PERMITS, SUB TRADE PERMITS, PERMIT FEES FOR
LONG-TERM PERMITTING, PERMIT FOR MOVING OF BUILDING OR
STRUCTURE, PERMIT FOR DEMOLITION OF BUILDING OR STRUC-
TURE, AND CERTIFICATE OF OCCUPANCY; BY AMENDING CHAPTER
157, "GAS CODE", SECTION 157.02, "AMENDMENTS AND ADDI-
TIONS TO CODE", SUBSECTION 113.4, "SCHEDULE OF PERMIT
FEES", SUBPARAGRAPHS (a) AND (c), TO PROVIDE FOR AN
INCREASE IN THE PERMIT FEES; BY AMENDING CHAPTER 160,
"MECHANICAL CODE", SECTION 160.02, "AMENDMENTS AND
ADDITIONS TO CODE", SUBSECTION 106.3, "SCHEDULE OF PERMIT
FEES", SUBPARAGRAPHS (a) AND (c), TO PROVIDE FOR AN
INCREASE IN THE PERMIT FEES; BY AMENDING CHAPTER 161,
"PLUMBING CODE", SECTION 161.02, "AMENDMENTS AND ADDI-
TIONS TO CODE", SUBSECTION 113.4, "SCHEDULE OF PERMIT
FEES", SUBPARAGRAPHS (a) AND (c), TO PROVIDE FOR AN
INCREASE IN THE PERMIT FEES; BY AMENDING CHAPTER 164,
"WELLS; SPRINKLER SYSTEMS", "WELLS FOR POTABLE WATER",
SECTION 164.19, "PERMIT FEES", TO PROVIDE FOR AN INCREASE
IN THE PERMIT FEES FOR DRILLING OR DRIVING A POTABLE
WELL; BY AMENDING CHAPTER 164, "WELLS; SPRINKLER SYS-
TEMS'', "WELLS FOR NONPOTABLE WATER; SPRINKLER SYSTEM",
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SECTION 164.36, "PERMIT FEES", TO PROVIDE FOR AN INCREASE
IN THE PERMIT FEES FOR DRILLING OR DRIVING A NONPOTABLE
WELL AND SPRINKLER SYSTEM; BY AMENDING CHAPTER 155,
"ELECTRICITY", "PERMITS AND INSPECTIONS", SECTION 155.18,
"PERMIT FEES", SUBSECTIONS (A) AND (C), TO PROVIDE FOR AN
INCREASE IN PERMIT FEES; BY AMENDING CHAPTER 150, "BUILD-
ING REGULATIONS", "TEMPORARY STRUCTURES; TENTS", SECTION
150.102, "PREREQUISITES TO APPROVAL; PERMITTED USES",
SUBPARAGRAPH (C) (1) (a), TO PROVIDE FOR AN INCREASE IN
PERMIT FEE; BY AMENDING CHAPTER 159, "LANDSCAPING", "TREE
AND SHRUB REMOVAL AND PROTECTION", SECTION 159.51,
"PERMIT FEES FOR TREE REMOVAL, SHRUB CLEARING", TO
PROVIDE FOR AN INCREASE IN PERMIT FEES; AND BY AMENDING
CHAPTER 162, "SIGNS AND BILLBOARDS", "PERMITS", SECTION
162.024, "PERMIT FEES", SUBPARAGRAPH (A), TO PROVIDE FOR
AN INCREASE IN PERMIT FEES; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 59-89 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. Weatherspoon moved for the adoption of Ordinance No. 59-89
on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call
the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes;
Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
15. Ordinance No. 60-89. Ordinance No. 60-89, amending Chapter 101
"Parks, Beaches and Recreation" of the Code of Ordinances by increasing
the permit fee for storing boats in the area designated on the municipal
beach, 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 Interim City Manager presented Ordinance No. 60-89:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 101 "PARKS, BEACHES, AND
RECREATION" OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 101.35 "STOR-
ING BOATS", SUBSECTION (F) TO PROVIDE FOR AN INCREASE IN
STORAGE FEE; PROVIDING A SAVINGS CLAUSE, PROVIDING AN
EFFECTIVE DATE.
(Copy of Ordinance No. 60-89 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.
Gabriel Liegey stated he is appalled to see that the City is
increasing the fee from $115 to $200 plus tax, which is nearly a 100%
increase to keep a boat on the beach. He feels that keeping 40 boats on
this section of the beach has helped increase the width and the height
of the dunes, thereby assisting in the fight against erosion. If the
City needs to raise more money, he feels they should supply more spots
than just the 40 now available.
The public hearing was closed.
Mr. Weatherspoon moved for the adoption of Ordinance No. 60-89
on Second and FINAL Reading, seconded by Ms. McCarty.
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Ms. McCarty questioned if the Commission has ever discussed
adding to the number of boats allowed on the beach. The Interim City
Manager stated the issue is ancient history. At one time it was discus-
sed in an attempt to balance off the concerns of the citizens living
across the road who looked through the forests of masts, so 40 was the
amount decided upon.
Mr. Weatherspoon stated it was his understanding that the
increase was not to exceed five percent and questioned what happened to
the policy. The Interim City Manager advised the number of spaces is
involved in a DER permit which is also an issue with regard to the
increase in spaces. He also stated the fee was adjusted before he came
on board so he will defer to Joe Weldon for an explanation.
Joe Weldon stated a five percent across the board increase was
recommended but this increase was already put in place by the previous
administration as a revenue item and left in place for that amount.
Elizabeth Matthews stated the boats are stored for a space of
300 feet south of Beach Drive because north of Beach Drive the beach is
deed restricted. Some 25 or 30 years ago this property was deeded to
the City in return for a promise by the City that nothing would ever be
placed between the owners and their view of the ocean. There is a
reversion clause that, should the City do just that, it will revert back
to the owners. It is her understanding that the area south of that is
to be utilized as a play area.
Mr. Weatherspoon suggested that the five percent be adhered to.
The Interim City Manager stated he will balance a lesser fee with an
appropriate reduction in Capital expenditure for equipment.
Mr. Weatherspoon amended his motion to reflect that Ordinance
No. 60-89 be adopted with the modification of a price to be $121.50 plus
tax, Ms. McCarty amended her second. Upon roll call the Commission
voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty -
Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 5 to 0 vote.
16. Ordinance No. 61-89. Ordinance No. 61-89, amending Chapter 101
"Parks, Beaches and Recreation" of the Code of Ordinances by increasing
the fees for use of the Tennis Center, 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 Interim City Manager presented Ordinance No. 61-89:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 101 "PARKS, BEACHES, AND
RECREATION" OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 101.01 "CHARG-
ES FOR USES OF TENNIS CENTER", SUBSECTION (A) "ANNUAL
MEMBERSHIPS", SUBSECTION (B) "SEMIANNUAL DUES" AND
SUBSECTION (C) "DAILY COURT FEES", TO PROVIDE AN INCREASE
IN CHARGES; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
(Copy of Ordinance No. 61-89 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.
Ms. McCarty moved for the adoption of Ordinance No. 61-89 on
Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call
the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes;
Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
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17. Ordinance No. 62-89. Ordinance No. 62-89, making it unlawful
for an unauthorized person or agent to remove articles or otherwise
disturb materials in the City's recycling bins, 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 Interim City Manager presented Ordinance No. 62-89:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER
51, "GARBAGE AND TRASH", SUBHEADING, "SPECIAL REFUSE
DISPOSAL PROBLEMS", BY ENACTING A NEW SECTION 51.59,
"RECYCLING BINS AND CONTAINERS", TO PROVIDE THAT IT SHALL
BE UNLAWFUL FOR ANY UNAUTHORIZED PERSON OR AGENT TO
REMOVE ARTICLES OR OTHERWISE DISTURB MATERIALS IN THE
CITY'S RECYCLING BINS, OR TO REMOVE, DAMAGE, OR DESTROY
SAID RECYCLING BINS, OR TO REMOVE ARTICLES OR OTHERWISE
DISTURB MATERIALS IN CURBSIDE RECYCLING CONTAINERS, OR TO
REMOVE, DAMAGE OR DESTROY CURB RECYCLING CONTAINERS;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 62-89 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.
Ms. McCarty moved for the adoption of Ordinance No. 62-89 on
Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call the
Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms.
McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
At this time Mayor Campbell read an Emergency Memo received
from the U.S. Conference of Mayors with regard to Hurricane Hugo, in
which the Mayor of Charleston, SC, is appealing to people of the nation
for help in the form of trucks, heavy equipment and chain saws with
crews to operate them. With regard to the homeless, non-perishable
food, clothing and building supplies are desperately needed. A tele-
phone number is available in the City Manager's office. The City
Manager requested that Chief Koen accept donations at the Fire Stations
for non-perishable foods and they will be taken to a central collection
point in West Palm Beach for trucking to South Carolina. Mayor Campbell
stated the poorer people of South Carolina are in need of the basic
necessities, such as toiletries or any type of household items.
PUBLIC COMMENTS
18.1. Lillian Feldman, Chairman of the Delray Breakfast Club, stated
she is sorry the City lost its Tree City distinction, but perhaps after
the Beautification Program is completed, it will be reinstated. She
then requested that someone in the City speak to the County Engineer
about finishing the work on Congress Avenue to help relieve the bottle-
neck that is being created while Military Trail is under construction.
She also feels the drainage pipes that are dug up at the intersection of
Lowson Boulevard and Congress Avenue should be taken care of. In
addition, the northeast and the northwest corners of Linton Boulevard
and Congress Avenue were dug up some time ago and never resurfaced. She
also objects to the condition of the Golf Clubhouse and feels it should
be painted on the inside and outside and some additional landscaping
should be considered.
18.2. Jeanette Slavin, Rainberry Bay, stated she would like to share
the news of an award given to the Delray Beach Police Department for
their participation in assisting Federal and County agents in the
trackdown of drug dealers. She also would like to share the good news
of the completion of the bike path from Military Trail to Swinton
Avenue, an ongoing project for the past 5 years.
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18.3. Dick Eckerle, Woodlake, stated he would like to impress upon
the Commission the necessity of building a reserve fund in case of a
situation like that experienced recently by the residents of Charleston,
SC, even though the hope is that it will never need to be used.
18.4. Alice Finst, 707 Place Tavant, stated, without the efforts of
Jay Slavin during the last five years, there would be no completed bike
path. It is her hope that the City will find some way to thank her.
18.5. Saul Horne, 801 N.W. 26th Avenue, requested, with regard to the
pro-rated golf fees, that the annual members be allowed the privilege of
having their fee pro-rated at the termination of the current agreement.
18.6. Stanley Milosky, Allen Avenue, stated he objects to the fact
that it is necessary to read out-of-town newspapers to get any positive
news with regard to the Police Department. He feels the citizens of
Delray should encourage the Police Department and help them in their
daily work.
18.7. Virginia Snyder, stated she has written a letter to the City
stating her complaints, along with backup material, asking that they be
acted on.
FIRST READINGS
19. Ordinance No. 63-89. Ordinance No. 63-89, amending the Code of
Ordinances to provide for parking in the Holiday Inn north parking lot
by permit, is before the Commission for consideration on First Reading.
If passed, Public Hearing will be held October 10th.
The Interim City Manager presented Ordinance No. 63-89:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 71 "PARKING REGULA-
TIONS'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING SECTION 71.60 "PARKING METER
PERMITS" TO ADD A PARKING LOT TO PERMITTED LOCATIONS,
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Mr. Weatherspoon moved for the adoption of Ordinance No. 63-89
on First Reading, seconded by Ms. McCarty. Upon roll call the Commis-
sion voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms.
McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
20. Ordinance No. 64-89. Ordinance No. 64-89, rezoning property
owned by the Bill Wallace Dealership located on the northwest corner of
Linton Boulevard and S.W. 10th Avenue, if extended northward, from POC
(Planned Office Center)) to S.C. (Specialized Commercial), is before the
Commission for consideration on First Reading.
The Interim City Manager presented Ordinance No. 64-89:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED
POC (PLANNED OFFICE CENTER) DISTRICT IN SC (SPECIALIZED
COMMERCIAL) DISTRICT; SAID LAND BEING LOTS 43, 44, 45 AND
46 (LESS THE SOUTH 23.00 FEET THEREOF), AND ALL OF LOTS
27, 28, 29 AND 30, SANDS O'SEA, TOGETHER WITH THAT PART
OF THE RIGHT-OF-WAY FOR PRINCESS BOULEVARD AS SHOWN ON
THE PLAT OF SANDS O'SEA, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 21 AT PAGE 27 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED AT
THE NORTHWEST CORNER OF LINTON BOULEVARD AND S.W. 10TH
AVENUE, IF EXTENDED NORTHWARD; AND AMENDING "ZONING MAP
OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
-9- 9/26/89
Ms. Brainerd moved for the adoption of Ordinance No. 64-89 on
First Reading, seconded by Ms. McCarty. Upon roll call the Commission
voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty -
Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 5 to 0 vote.
21. Ordinance No. 65-89. Ordinance No. 65-89, rezoning property owned
by Bill Wallace located on the northwest corner of Linton Boulevard and
S.W. 10th Avenue, if extended northward, from R-lA (Residential) to S.C.
(Specialized Commercial), is before the Commission for consideration on
First Reading. If passed, Public Hearing will be held October 10th.
The Interim City Manager presented Ordinance No. 65-89:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED
R-lA (SINGLE FAMILY DWELLING) DISTRICT IN SC (SPECIALIZED
COMMERCIAL) DISTRICT; SAID LAND BEING LOTS 6 THROUGH 15,
INCLUSIVE, SANDS O'SEA, TOGETHER WITH THAT PART OF THE
RIGHT-OF-WAY FOR QUEENS AVENUE AS SHOWN ON THE PLAT OF
SANDS O'SEA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 21 AT PAGE 27 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED NORTH OF
LINTON BOULEVARD, BETWEEN S.W. 10TH AVENUE AND GERMANTOWN
ROAD; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA,
1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Mr. Weatherspoon moved for the adoption of Ordinance No. 65-89
on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis-
sion voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms.
McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
22. Ordinance No. 66-89. Ordinance No. 66-89, annexing parcels
from the northeast corner of West Atlantic Avenue and Military Trail,
south of West Atlantic Avenue between Whatley and Barwick Roads, which
includes the Barnett Bank; an adjacent undeveloped 10 acres, Medical/-
Office complex north of Barnett Bank; the Goodyear Tire and Auto Service
Plaza, the shopping center on the northeast corner of Atlantic Avenue
and Military Trail (Publix, Zayre and others) and the Pharmore property
located on the northwest corner of West Atlantic Avenue and Military
Trail, is before the Commission for consideration on First Reading. If
passed, Public Hearing will be held October 24th.
The Interim City Manager presented Ordinance No. 66-89:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH
SIXTEEN (16) PARCELS OF LAND LYING AND BEING IN SECTION
13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE NORTH-
EAST CORNER OF WEST ATLANTIC AVENUE AND MILITARY TRAIL,
AND ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE, BETWEEN
WHATLEY ROAD AND BARWICK ROAD; 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, POC (PLANNED OFFICE CENTER) DISTRICT IN PART, AND
ACT (AGRICULTURAL COMMERCIAL TRANSITIONAL) 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. 66-89 on
First Reading, seconded by Ms. Brainerd. Upon roll call the Commission
voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty -
-10- 9/26/89
Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 5 to 0 vote.
Before roll call the following discussion was had:
Julius H. Brauner, Attorney, representing Rothchild's Restau-
rant located in the Delray Square Shopping Center, stated at the time of
purchase, a 5:00 A.M. license was granted to them from Palm Beach
County. It is his understanding, upon annexation, the time of the
license will revert back to 2:00 A.M. The applicant is requesting an
amendment to the ordinance to incorporate a 5:00 A.M. license.
Mr. Weatherspoon stated he feels it would be appropriate to
have staff look into the record of the restaurant and perhaps this can
be handled in the same manner as Cymbal's Restaurant when they were
granted a 5:00 A.M. license.
At this point the roll was called to the motion.
23. Deleted.
REGULAR AGENDA
24. Golf Course Contract Negotiations. An update from staff on
negotiation of the golf course management contract was presented for
consideration.
The City Attorney advised there has been only one negotiating
session with the Golf Course firm since they were selected. At the
meeting on September 12th, an opinion letter from the City's Bond
Counsel firm, Mudge Rose, was distributed to the Commission, which has
been the major source of subject discussion and still remains unresolved
at this time. The first is the proposal for the amount of the fees to
be paid to the City for the license, plus the Capital Improvement Issue.
In this proposal, there was a portion in which the City's Bond Counsel
had proposed there would be a one million dollar tax-exempt revenue bond
issued by the City in the nature of a revenue bond that would be pur-
chased by the proposer and they would then pay to the City the fee,
along with the debt service based on a tax-free issue. It is the
opinion of Mudge Rose that, even though the City owns the property, the
IRS would take the position that, for tax computation purposes, they
would consider that proposer to be the owner for beneficial use purposes
and a tax-exempt bond could not be issued.
The City Attorney further advised he had a conversation with
the attorney for Delray Golf, who advised that his client was willing to
look at a taxable bond issue for the same one million dollars. There
are a number of things to be discussed relative to that, one of which is
a taxable issue and one that you pay a higher percentage rate on;
probably a two percent difference between the rate to be paid on a
million dollars tax-exempt and the rate on a taxable. The proposal is
for a 20 year bond and the contract is proposed for only a five-year
period, so the remaining 15 years of debt service would be the City's or
a subsequent licensee. Therefore, the City either needs to absorb the
additional monies that could be between $200,000 and $300,000 dollars
difference between tax-exempt and taxable or place that burden on the
subsequent operator of the course. There is also the issue of competi-
tive bidding yet to be resolved and whether or not there is a mechanism
by which the City could participate. There are other detailed issues
such as the "divorce clause", which the City requested and which has not
been agreed to, along with the Capital Improvements element.
Mayor Campbell questioned if the City Attorney would have
negotiations finished by next Tuesday. The City Attorney advised that
the next negotiation session is not scheduled until Friday. Mayor
Campbell suggested that he express an urgency of trying to get this
resolved and bring some sort of framework back to the Commission on next
Tuesday's workshop.
Mr. Weatherspoon questioned, since the City's Bond Counsel has
given an opinion with regard to the taxable vs non-taxable issue, if
anyone has asked the appropriate person from the IRS if that is
-11- 9/26/89
accurate. The City Attorney stated, to his knowledge, the proposer has
not requested a private ruling from the IRS. The Mudge Rose firm has
not asked about this specific issue, but has cited other instances of
similar issues in which the IRS has applied the regulation, saying that
the beneficial use indicates that is what the ruling would be. Mr.
Weatherspoon questioned if there is a timetable other than that of the
current contract that ends by the last quarter of this year. The City
Attorney stated that his direction was to negotiate this as rapidly as
possible, in order that the potential issue of having the operator come
in earlier than January 1, 1990, could be discussed.
Mr. Andrews stated he feels the City Attorney, before going
into negotiating sessions, should know where there is consensus on key
items in order to speed up the process. He has been extremely concerned
about the "divorce clause", which they have not agreed to and feels that
is one issue the Commission should give direction on. Another is the
difference between the tax-exempt or taxable amount of money and who is
going to take care of the fifteen years. It is also his understanding
that the staff has done a present value analysis and he feels the
Commission should know the differences in that amount and whether or not
it can be conceded that this operator can run a golf course well. His
suggestion is that a consensus vote be taken so the City Attorney will
know how to proceed with negotiations.
Mayor Campbell stated he is not ready to vote on anything at
this time without a written memorandum regarding the issues raised. He
feels it would be advantageous to call a Special Workshop.
Mr. Andrews stated he is in agreement, as he does not want to
be in a position on January 1st without someone in place to do the job.
Ms. McCarty stated her concern is the fact that the Commission
has previously given direction and they have met only one time to hear
the initial direction. She wonders how serious they are about negotiat-
ing, due to the time constraint problem. She indicated she is willing
to wait one more week but, at that time, she feels they should be
prepared to come before the Commission with a contract.
Mayor Campbell stated the consensus seems to be that perhaps
the Commission needed to take more time in an analysis. He does not
want that mistake repeated. He requested something written that the
Commission can rely on and present to the public.
Ms. McCarty stated, as a matter of policy, when something is
agendaed, verbal reports are not normally given. In the future, when it
is on the agenda, it is supposed to be an item that is available to be
voted on and she feels this policy should be continued. She also asked
for a list of Capital Improvements on September 5th and she is hoping
that the proposer has some idea of what he plans to do to fix up the
Golf Course. It also was her understanding that the maintenance equip-
ment was not to be included in the $1,000,000 and she is hearing some-
thing different tonight.
Mayor Campbell suggested the Commission list, in writing, the
areas of concern and look at both sides and where they stand. But, by
all means, he would like to begin and get these negotiations finalized.
If there are impasses he would like to see exactly what they are, and
what the implications are, in order to compare their positions.
Mayor Campbell requested that the Commission list the points
raised by Mr. Andrews, along with any others that citizens may have
made, and if staff needs any Commission input between now and Tuesday,
they are to let him know.
Vi Hinchliffe stated she is strongly opposed to the City
floating a one million dollar bond for the management of the Golf
Course. At the end of the five year contract, the City is left with
$750,000 for the taxpayers to handle. None of the other proposals
demanded a bond from the City and she does not understand why the City
accepted this particular one.
-12- 9/26/89
Mayor Campbell requested implications on the tax, as he feels
there is much confusion and too much misinformation being passed around.
25. DDA Election. The Commission is to consider providing staff
direction regarding correcting clerical errors in the caption of the
proclamation and resolution adopted in conjunction with the Special Act
passed by the State Legislature permitting a referendum election for the
purpose of expanding the current DDA boundaries.
Mayor Campbell left the Commission Chambers at this time and
Vice-Mayor McCarty took the Chair.
The City Attorney stated that Items No. 25, 26 and 27 are
related to each other. The specific problem is that, in working up the
ballot question, it was discovered that the generalized description in
the Title of the Bill adopted by the Legislature is at variance from the
detailed legal description which is in the body of the Bill. It is his
opinion that the variance is a scrivener or clerical error which does
not affect the validity of the Bill. However, there is a concern
because the legal description utilized was contained in the caption for
advertising purposes and the proclamation. A memorandum was given to
the Commission giving two options. Presuming that the Commission agrees
that the variance is minimal and a clerical error, one option is to
consider that it did not affect the adopted resolution and it is left in
tact, so the proclamation would just be redone, not affecting the
election date of October 17 for the Special Election. If the Commission
feels it is more cautious to pursue the conservative approach, both the
resolution and the proclamation should be readopted. If the latter is
done, the consequence will be that, due to readvertising requirements,
it will not be possible to have the election before October 31st.
Roy Simon, member of the DDA, stated the DDA would prefer that
the Commission choose the first alternate of declaring it a minimal
error and leave the Resolution as is with the election being October
17th.
Mayor Campbell returned to the Commission Chambers at this
time.
Mr. Weatherspoon questioned, assuming option B was chosen, to
whom would the Commission need to be cautious with. The City Attorney
advised there could be an argument that insufficient notice was provided
to the property owners in the area to be added to the DDA. The body of
the Bill, the resolution and the maps that were sent were accurate.
The Commission concurred to go with option A.
Ms. McCarty left the Commission Chambers at this time.
26. Proclamation Re. Call for Election - Downtown Development
Authority Boundary Expansion. The Commission is to consider determining
which corrected proclamation will be used as the official document
calling the election for the Downtown Development Authority.
The City Attorney read the proclamation.
Ms. Brainerd moved for approval of format A of the proclama-
tion, seconded by Mr. Weatherspoon. Upon roll call the Commission voted
as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon -
Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote.
27. Readoption of Resolution No. 56-89. The Commission provided
staff with direction not to readopt Resolution 56-89 due to a minimal
clerical error. (See Item No. 25. above).
Ms. McCarty returned to the Commission Chambers at this time.
28. Resolution No. 70-89. Resolution No. 70-89, calling for a
referendum election on November 7, 1989, to consider approving issuance
of a G.O. Bond for the purpose of financing the acquisition, construc-
tion and reconstruction of certain street, sidewalk, alley, right-of-
way, drainage and beautification projects; construction and equipping of
-13- 9/26/89
improvements to certain recreational and cultural facilities; acquisi-
tion, construction, reconstruction and equipping of certain fire faci-
lities and acquisition and construction of various redevelopment pro-
jects, is before the Commission for consideration.
The City Attorney stated the Commission has received the new
proposed resolution which calls for the referendum election on November
7, 1989, for the Decade of Excellence Bond. It has been revised in
accordance with the City Commission input and direction at the last
meeting, specifically four ballot questions with the modifications that
will also go in an attachment, as outlined, especially concerning the
building of the new fire station. What was question number four will be
question number two as Urban Renewal and the language contained therein
has been revised to address the $500,000 issue. If that meets with the
current Commission consensus, then Resolution No. 70-89 needs to be
adopted.
The Interim City Manager stated in the corrections made in Item
No. 4, Fire Facilities, the words "at City Hall" were eliminated and the
first sentence amended to read "construction of fire headquarters,
construction of Fire Station No. 1" period, thereby deleting the infor-
mation on the second floor of expanded City Hall.
The City Manager presented Resolution No. 70-89:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PROVIDING FOR THE ISSUANCE OF GENERAL
OBLIGATION BONDS FOR THE PURPOSE OF FINANCING THE (A)
ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF CERTAIN
STREET, SIDEWALK, ALLEY, RIGHTS-OF-WAY, DRAINAGE AND
BEAUTIFICATION PROJECTS IN THE PRINCIPAL AMOUNT OF NOT
EXCEEDING $11,207,000, (B) ACQUISITION, CONSTRUCTION AND
EQUIPPING OF IMPROVEMENTS TO CERTAIN RECREATIONAL AND
CULTURAL FACILITIES IN THE PRINCIPAL AMOUNT OF NOT
EXCEEDING $4,605,000, (C) ACQUISITION, CONSTRUCTION,
RECONSTRUCTION AND EQUIPPING OF CERTAIN FIRE FACILITIES
IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING $5,180,000, AND
THE (D) ACQUISITION AND CONSTRUCTION OF VARIOUS URBAN
RENEWAL PROJECTS IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING
$500,000; CALLING FOR A BOND REFERENDUM OF THE QUALIFIED
ELECTORS OF THE CITY OF DELRAY BEACH TO BE HELD ON
NOVEMBER 7, 1989, AS TO WHETHER GENERAL OBLIGATION BONDS
FOR SUCH PROJECTS SHOULD BE ISSUED; AND PROVIDING AN
EFFECTIVE DATE.
The City Attorney read the caption of the resolution.
Alexander Simon, Chairman of the Decades of Excellence Bond
subcommittee, stated there are a few minor suggestions they would like
to make. It is their belief that in the case of each of the headings,
it should be called projects instead of project. With regard to ques-
tion number two, which is the fourth of four, it is their belief that
the terminology, Urban Renewal, has connotations that are not conducive
to the interest of that particular one and it should be called Neighbor-
hood Improvements. Further, because it stands alone and is really a
neighborhood improvement in the area of the Old School Square and is not
clearly defined, there is a concern to describe this, which has not been
defined adequately in the minds of the Bond Counsel, to be able to
include it in the other three. It is also their feeling if there were
three questions instead of four, it would be much easier for the people
to understand and would have a greater chance for passage. They feel if
it could be put in the cultural question, it would be better received.
Mr. Andrews stated he is concerned with Item No. 2 and ques-
tioned, if the City purchases property around the Old School Square area
and it is connected to a commercial redevelopment project, could it be
defended as being legitimately put in the cultural use. Also, if that
is waived, and someone says he objects to the particular deal and chal-
lenges that particular section of the bond, is the balance of that money
being put at risk in the cultural use if the money is spent improperly
for that one item. The City Attorney advised, in reverse order, it is
challengeable and it is the intention to take this to validation, unless
-14- 9/26/89
the Commission decides otherwise, once it goes to referendum and assum-
ing it is approved. Any taxpayer could challenge the validity, as could
the State Attorney's office, as to the structure of the bond resolution
itself, as well as the items. He feels that problem would not be
reached until such time that the expenditure occurred; and this, in his
opinion, is a problem which would not necessarily cause an invalidation
of the entire issue.
The City Attorney, referring to Item No. 2, stated if it were
included in question number three, it would have to be more distinctly
attached to the cultural items than that factual information described
to be valid.
Ms. McCarty questioned if a percentage of a project, which
equalled the percentage of the dollars to be contributed toward the
project, would equal, for example, the parking of the project and that
parking was available for the use of Old School Square, would that be an
ancillary use to the Old School Square cultural use. The City Attorney
stated, provided that the City received something culturally or recrea-
tionally in return for the $500,000, that would make it acceptable. If
the City bought into a portion of a commercial enterprise for redevelop-
ment purposes that had no relationship, except that it happened to be
located next to another cultural facility, there would be a concern. He
feels it can be done, if it is put into question number three. It may
be just a matter of earmarking "that $500,000 went to this portion of
that project" and delineating it, as opposed~ to saying "there is no way
of knowing where it went in the $5,000,000 dollar project" The Commis-
sion will be more restrictive if it is included in number three to the
types of projects that might be eligible, depending on what they propose
and it would require more caution in how the funding is earmarked. In
other words, if question two passed, it would provide greater flexibil-
ity in the use of the funds, opposed to being included in question
three.
Mr. Andrews questioned if this would then cause the remainder
of the Commission to feel that the community was not interested in
redevelopment and would that, mentally, set the City back. If so, he
would be willing to remove the entire item. Ms. Brainerd stated she
would not feel that way, but rather that it would be necessary to do a
better job of explaining the urban renewal that is needed in the commu-
nity. Mr. Weatherspoon also voiced his concurrence with Ms. Brainerd,
stating he would prefer it be done in this manner, as it will stand on
its own merits.
Mr. Weatherspoon moved to accept the ballot with the modifica-
tions made by Mr. Simon including the replacing of "project" with
"projects". The motion FAILED for lack of a second.
Ms. Brainerd moved to adopt Resolution No. 70-89, accepting the
language before the Commission incorporating question two, the sugges-
tions made by the Steering Committee, changing the name from Urban
Renewal to Neighborhood Improvements and changing the geographic de-
scription from Old School Square area to the specific geographic de-
scription, (the bounding streets of the Pineapple Grove District),
seconded by Mr. Andrews.
Mayor Campbell suggested the questions be rearranged, putting
number four as number one, number one as number two, number three as
number three and if a fourth is added, that it should be Neighborhood
Improvements.
Ms. Brainerd amended her motion to incorporate the changed
order only, Mr. Andrews amended his second. Upon roll call the Commis-
sion voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms.
McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion
passed with a 3 to 2 vote.
Upon question by the City Attorney, Mayor Campbell advised the
sequence woulf be Fire Station - 1, Drainage - 2, Recreation - 3, and
Neighborhood money - 4.
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29. Absentee Ballots. The Commission is to consider the direction
of staff regarding when the absentee ballots should be counted.
Mr. Weatherspoon stated it is his understanding that Jackie
Winchester's office has recommended the absentee ballots be counted at
the same time as the regular ballots. The City Manager stated he
concurs, as there is no reason to wait.
Mr. Weatherspoon moved that the absentee ballots be counted at
the same time frame as the regular ballots, seconded by Ms. McCarty.
Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms.
Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp-
bell - Yes. Said motion passed with a 5 to 0 vote.
30. Appointment of Two Members to the Planning and Zoning Board.
The Commission is to consider the appointment of two members to the
Planning and Zoning Board to terms ending September 28, 1991.
Ms. Brainerd moved to reappoint David Klarer, seconded by Mr.
Andrews. Upon roll call the Commission voted as follows: Mr. Andrews -
Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes;
Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote.
Mr. Weatherspoon moved to appoint Thomas Purdo, seconded by Ms.
Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews -
Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes;
Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote.
The Interim City Manager requested that at such time, on any
Board, that it becomes the Mayor's turn to appoint, he would like to
start a new sequence in order that all appointments shall be on the same
sequence, by seniority system.
31. Appointment of a Member to the Human Relations Committee. The
Commission is to consider the appointment of a member to fill the
unexpired term of Leonard Mitchell ending March 15, 1990.
Ms. McCarty moved to appoint Randee Golder, seconded by Mr.
Andrews. Upon roll call the Commission voted as follows: Mr. Andrews -
Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes;
Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote.
32. Appointment of City Manager(s) to the City Manager Selection
Committee. The Commission is to consider the appointment of two City
Managers, current or former, to the City Manager Selection Committee.
The City Attorney stated the task of finding these appointments
has been handed to their office. All persons they tried to contact are
presently in Des Moines, Iowa, at the International City Managers'
Association Conference. Mr. Howland is still on vacation and George
Frost has agreed to be on the panel along with Rob Parkins from Miami.
If the Commission would like to wait, he is expecting calls from ten
persons who are either current or former City Managers.
Ms. McCarty moved to appoint Roy Howland to the Committee for
the selection of the City Manager, seconded by Ms. Brainerd. Upon roll
call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd -
Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes.
Said motion passed with a 5 to 0 vote.
Ms. Brainerd moved to appoint Richard Simmons to the Committee,
seconded by Mr. Andrews. Upon roll call the Commission voted as fol-
lows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - No; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4
to 1 vote.
Upon request by Mayor Campbell, the Interim City Manager
advised the newly-selected members, as well as the Commission-appointed
members, will be informed and requested that they meet as quickly as
possible, complete their organizational meeting and be prepared to
attend a Special Workshop.
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33. Agreement between the City and W.R.I. Delray Associates. The
Commission is to consider an agreement between the City and W.R.I.
Associates for the construction of a fence on Collins Avenue and Miami
Boulevard, whereby W.R.I. will remit to the City $5,000 in consideration
of releasing W.R.I. from future obligations regarding the construction
and maintenance of the fence.
Ms. Brainerd moved for approval, seconded by Ms. McCarty. Upon
roll call the Commission voted as follows: Mr. Andrews - Yes; Ms.
Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp-
bell - Yes. Said motion passed with a 5 to 0 vote.
34. Sale of City Owned Property. The Commission is to consider
recommendations from the Real Estate Board regarding sales methods and
pricing of City owned property located on Venetian and Miramar and
Federal Highway (Adult Bookstore).
The Interim City Manager stated Mr. Plum, President of the
Board of Realtors, regrets he was unable to deliver this is person;
however, his recommendation is that the price be quoted as in Item 1. in
the memo he prepared for the Commission. If the Commission is not
prepared to offer a full service contract to a realtor to be a listing
agent, his recommendation is that you proceed with Item 3. and they will
provide a mailing list so there can be a generalized mailing of a
brochure describing the properties to the Commercial Brokers located
between Hollywood and Boynton Beach. The City would then pay the broker
for contributing to the sale, an amount approximately one-half of what
the current average brokerage is for that type of property.
Mr. Andrews stated he would like to try Item 3., Mr. Weather-
spoon concurred. The Interim City Manager stated Item 1. is the issue
with regard to price. He spoke with Associated Appraisers and they are
staying with their appraisal, which was given to the City nearly two
years ago on the Venetian property. Mr. Plum agrees that it is a fair
market value and does not recommend any amendment, the price being
$430,000 if there are 15 developable units and $380,000 if there are 10
developable units. The Interim City Manager stated, with regard to the
property on North Federal Highway, the realtor feels the City is some-
what optimistic. He requested confirmation from the Commission that the
advise in Paragraph 1 is to be ignored. The Commission concurred.
Ms. McCarty moved for approval of the recommendations of the
Interim City Manager on Item No. 3 and prices, seconded by Mr. Andrews.
Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms.
Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp-
bell - Yes. Said motion passed with a 5 to 0 vote.
35. Site and Development Plan Approval. The Commission is to
consider a request from Paul Piazolla for a site and development plan
approval for construction of a proposed office building to be located on
the east side of N.W. 1st Avenue between N.W. 1st Street and N.W. 2nd
Street, subject to the following conditions:
1. That a revised site and landscaping plan which reflects
compliance with each of the technical comments listed in the
staff report and with the resolution of the east boundary
situation as recommended by the Board be submitted to the
Planning Department within four months or prior to a request
for building permits, whichever occurs sooner.
2. That dedication of five feet of right-of-way along N.W. 1st
Avenue be accomplished by deed prior to acceptance of a build-
ing permit application.
3. That a standard residential sidewalk be constructed prior
to occupancy.
Ms. McCarty moved for approval, seconded by Ms. Brainerd. Upon
roll call the Commission voted as follows: Mr. Andrews - Yes; Ms.
Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp-
bell - Yes. Said motion passed with a 5 to 0 vote.
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36. Site and Development Plan Approval. The Commission is to
consider a request from David Dordashti for a proposed Wal-Mart to be
located on the west side of Military Trail approximately 670 feet south
of Linton Boulevard, subject to the following conditions:
1. That the "Technical Items" listed in this staff report be
complied with.
2. That off-site road improvements be provided as follows:
a) the addition of the third travel lane along the
entire frontage of the property;
b) continuation of the third travel lane to the entry of
County Lake and then provide a standard taper south;
(Note: a & b may be deleted if the County Traffic Division
determines that they are inappropriate.)
c) execution of an agreement that the developer shall
install, at his expenses, a traffic signal at the entry
with Military Trail if such a signal is deemed appropri-
ate by the County Traffic Engineer. If such a demand is
not made within one year of occupancy of the Wal-Mart
Store, this condition shall become void.
Mr. Weatherspoon moved for approval, seconded by Ms. McCarty.
Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms.
Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp-
bell - Yes. Said motion passed with a 5 to 0 vote.
37. Site and Development Plan Approval. The Commission is to
consider a request for Tom King for a site and development plan approval
for construction of a proposed 10,800 square foot office/warehouse
structure to be located on the south side of S.W. 8th Street, between
S.W. 13th Avenue and S.W. 14th Avenue, subject to the following condi-
tions:
1. That the approval is for Phase I and Phase II
development.
2. That the "Technical Items" listed in this staff report be
accommodated upon a revised site plan and final plat
submission. The revised site plan must precede sub-
mission of a plat and must be made within six months of
this approval.
3. That in addition to the public facility improvements
required for Phase I development, the sidewalk along S.W.
14th Avenue must be installed from Phase I north to S.W.
8th Street.
Mr. Weatherspoon moved for approval, seconded by Mr. Andrews.
Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms.
Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp-
bell - Yes. Said motion passed with a 5 to 0 vote.
Before roll call the following discussion was had:
Mr. Weatherspoon questioned why this project seems to have more
parking than some of the existing ones. David Kovacs, Director of
Planning and Zoning stated there are two parking standards; one is for
three spaces per thousand in industrial use, and the other is for one
space per thousand in warehouse use. Mr. King is bringing his own
single purpose business into Delray Beach and providing the maximum
parking for the industrial use requirement.
Mr. Weatherspoon questioned how the landscaping will tie in
with the proximity to Auburn Trace relative to ingress and egress. Mr.
Kovacs stated this project will be four blocks south of Auburn Trace and
Auburn Trace will be using 14th Avenue. Mr. King will be dedicating
five additional feet for right-of-way on which a sidewalk will be
constructed. From the sidewalk to the inside of the property there will
be five feet of landscaping.
At this point the roll was called to the motion.
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37.A. Police Department Review Team. The Commission is to consider
increasing funding for the Police Department Review Team study from
$10,000 to $20,000. This follows further discussion with Mr. Murphy,
regarding costs for fees, transportation, hotel and food expenses. The
single, most costly element is the attitude survey ($6,000 plus expens-
es) and is felt to be the most needed element of the study. The Commi-
ssion is requested to appropriate funds for this study in an amount not
exceeding $20,000 with funding from the Fiscal Year 1989-90 Budget
Salary Contingency Account 001-6511-581-90.52 ($7,000) and from attri-
tion savings in Police Department Salary Accounts ($13,000).
The Interim City Manager stated an amended recommendation was
given to the Commission as to the amount of funding. The increase is
brought about because of an attitude survey to be conducted in the
department, as well as in the community, to try and identify those areas
causing the citizen concern about the efficiency and the procedures of
the department. It is his recommendation that the Commission consider
this added amount.
Ms. Brainerd questioned the name of the associate and the
amount to be charged. The Interim City Manager explained the additional
expense is attributable to Mr. Murphy, who will be bringing an associ-
ate, requiring expenses for two while here. The work will be extended
by a few days while they do the work within the community. Ms. Brainerd
agreed with the premise, but stated that it was her understanding there
is a current Police Chief who is willing to do that for a much lower
figure. The Interim City Manager advised that the existing Police Chief
from Jacksonville, NC, is being paid by his employers, as he is taking
vacation time to do this as a service to the City. Ms. Brainerd ex-
pressed the feeling that the fee should be reduced, in light of that.
The Interim City Manager stated the fee was extended to $20,000 to be
sure there would be a sufficient amount of money to cover whatever the
Judge expenses might be, which is not in hand at this time. There is a
little time with regard to the Judge, as the data collection needs to be
done first and the Judge will have no part in that. However, the data
collection is due to start within a week if the Commission approves the
extension.
Upon question by Ms. Brainerd as to how much time Mr. Murphy
anticipates this will take, the Interim City Manager stated he feels
there should be a final report early in November. Ms. Brainerd stated
she feels the price is too high and out of line.
Mr. Weatherspoon added that he has concerns about spending the
money to begin with and feels it is pretty obvious what the concerns of
the people are. He feels the criminal investigation should be resolved
first and then proceed with this study, if necessary.
Mayor Campbell stated that the attitudinal view and the proced-
ural view are linked with the criminal investigation and can be per-
ceived as just as important an element in trying to improve the depart-
ment and the way it operates. He feels it is a good idea to help the
public understand what is going on, and that they will have more con-
fidence in the Police Department, if attitudinal issues and procedures,
as well as criminal charges, are looked at.
Mr. Weatherspoon stated he feels the attitudinal issue is too
subjective. Ms. Brainerd stated she feels if there is no criminal wrong
doing, a lot of the attitudinal questions will evaporate.
Ms. McCarty stated she feels what the Commission agreed to was
a two-pronged approach; the people who look at criminal wrong-doing are
not going to look at wrong procedure or the attitude of the officers.
By the same token, the people who look at procedures and feel they are
morally wrong, will not look at criminal wrong-doing. She agrees that
the dollars are getting up there and, if a survey is to be done, the
problem can be solved for free in the Police Department. She feels
someone should be found to conduct this survey that will stay within the
budget.
The Interim City Manager stated there is another alternative,
that was discussed and withdrawn, which was to accept the agreement to
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assist from Mr. Pennington and get another active police officer who has
some community skills, to reduce the cost further. He questioned if it
would be acceptable to the Commission if the offer from Arkansas was
revisited and still pursue Judge Hurley for a Judge to join with the
group as soon as the group sets a date to be available. The Commission
concurred, if that will bring the cost down. He suggested the Commis-
sion might supply names of civic citizens to assist the persons doing
the study.
CONSENT AGENDA
The following items were considered by the Commission as the
Consent Agenda:
38. Cemetery Fee and Charqe Changes. The Commission is to consider
a request from Pre-Arrangement of Delray, Inc., to lower the
preconstruction price for crypts and niches and to reduce the charges
for single lawn crypts from $1,000 to $750. Approval is recommended.
39. Denial of Settlement Offer. The Commission is to consider the
settlement offer from Demetrius Butts in the amount of $50,000. Denial
is recommended.
40. Waiver of Bid Requirement. The Commission is to consider
waiving the bid requirement for the Atlantic Avenue, Swinton to 1-95
irrigation project for B+12 Insurance rating for Water Wizard Irrigation
Inc., and accepting B+5 Insurance rating. Approval is recommended.
41. Children Services Council Grant. The Commission is to consider
acceptance of a $136,315 grant from the Children Services Council for
the expansion of an afterschool program at the Community Center, Carver
School and Pompey Park. Approval is recommended.
42. Renewal of Contract for After-School Childcare Program Coordi-
nator. The Commission is to consider renewing Carolyn Parker's contract
from October 1, 1989 to September 30, 1990 as Program Coordinator for
the After-School Program at Carver School, Pompey Park and the Civic
Center. Approval is recommended.
43. Acceptance of Certified Local Government Grant Award Agreement.
The Commission is to consider accepting a grant award in the amount of
$4,000 from the State of Florida for the Certified Local Government
(CLG) Federal grant-in-aid assistance for historic preservation projects
and approve match funding from Planning and Zoning Consulting Account
No. 001-2511-515-33.15. Approval is recommended.
44. Agreement Between the City and Palm Beach County School Board.
The Commission is to consider approving a one year (July 1, 1989 through
June 30, 1990) agreement which provides for the use of City facilities
for EMS student training. Approval is recommended.
45. Selection of Pollworkers. The Commission is to consider
appointment of clerks and inspectors for the upcoming G.O. Bond Election
to be held on November 7th. Approval is recommended.
46. Conditional Use and Site Plan Approval Extension. The Commis-
sion is to consider a request from Christ Missionary Baptist Church to
extend the conditional use and site plan approval for an additional 18
months for a proposed church to be located on the north side of S.W. 8th
Street, between S.W. 2nd Avenue and S. Swinton Avenue. Approval is
recommended.
47. Resolution No. 67-89. Resolution No. 67-89, assessing costs
for nuisance abatement action on 44 properties located throughout the
City, is before the Commission for consideration.
The caption of Resolution No. 67-89 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
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FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVID-
ING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE OF LIEN.
(Copy of Resolution No. 67-89 is on file in the official
Resolution Book)
48. Resolution No. 68-89. Resolution No. 68-89, urging the County
Commissioners of Palm Beach County to extend the local-option tax on
motor and special fuels in order to meet the transportation needs
identified in the 1989 Comprehensive Plan, is before the Commission for
consideration.
The caption of Resolution No. 68-89 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, URGING THE BOARD OF COUNTY COMMISSIONERS
OF PALM BEACH COUNTY TO EXTEND THE LOCAL-OPTION TAX ON
MOTOR FUELS AND SPECIAL FUELS.
(Copy of Resolution No. 68-89 is on file in the official
Resolution Book)
49. Resolution No. 71-89. Resolution No. 71-89, for the abandon-
ment of certain utility easements within the Hanover Square (Windy
Creek) 1st Addition, is before the Commission for consideration.
The caption of Resolution No. 71-89 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, VACATING AND ABANDONING ALL TEN (10) FOOT
UTILITY EASEMENTS LOCATED WITHIN LOTS 1 THROUGH 22,
INCLUSIVE, BLOCK 1, LOTS 7, 8, 11 AND 12, BLOCK 2, LOTS 6
THROUGH 12, INCLUSIVE, BLOCK 3, AND TRACTS "E", "F" AND
"G", ALL IN HANOVER SQUARE FIRST ADDITION, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 53, AT PAGES
198 AND 199, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
(Copy of Resolution No. 71-89 is on file in the official
Resolution Book)
50. Final Plat Approval. The Commission is to consider a request
from L.J. Hooker Homes, Inc. for Final Plat approval for Windy Creek
(Hanover Square), a proposed 66 lot single family development located on
the north side of W. Atlantic Avenue, between Homewood Boulevard and
Hamlet Drive, if extended northward. Approval is recommended.
51. Award of Bids and Contracts.
A. 18-20 Kilowatt Generator for Fire Department - Casper
Engineering Corp., in the amount of $11,446 with funding from
FY 87-88, Utility Tax Construction Fund (Account No.
444-2311-522-60.89 - $9,200) and Fire EMS Operations (Account
No. 001-2315-526-33.39 - $2,246).
B. Purchasing/Inventory Software - HTE in the amount of
$26,400 with funding from General Fund - Purchasing (Account
No. 001-1531-513-60.86).
C. North Water Plant Landscaping - Lush Landscaping and
Design, Inc., in the amount of $10,948 with funding from Public
Utilities Water Distribution (Account No. 441-5123-536-33.31).
D. Toilet Partitions Anchor and Atlantic Dunes Park -
Santana Products, Inc., in the amount of $15,419 with funding
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from General Funds Parks Division (Account No.
001-4131-572-33.31) .
E. Chemicals and Fertilizers - Annual Contract in the
approximate amount of $28,777.10 with funding from Parks
Gardening Supplies (Account No. 001-4131-572-35.54 to the low
bidders listed below:
Helena Chemical Co. ($ 4,197.75)
UAP Florida Inc. ($ 225.00)
Colonial Products ($ 356.15)
Sunniland Corp. ($ 3,937.50)
Woodbury Chemical Co. ($ 1,024.50)
Atlantic FEC ($ 518.00)
Howard Fertilizer Co. ($ 3,288.00)
Lesco Inc. ($15,206.65)
Van Waters and Rogers Inc. ($ 22.75)
F. Housing Rehabilitation - 915 S.W. 4th Street - Tommy
Preston, in the amount of $17,000 with funding from Community
Development Housing Rehab (Account 118-1963-554-60.23).
G. Housing Moving - from 213 S.W. 7th Street to 229 S.W. 4th
Avenue - LaPlant-Adair Co. in the amount of $14,900 with
funding from Community Development Housing Rehab (Account
118-1963-554-60.23).
H. Computer Aided Drafting Hardware and Software for
Engineering Department - CADD Centers of Florida in the amount
of $13,680 with funding from Engineering Capital (Account No.
001-2911-519-60.86).
I. Pompey Park Parking Lot and Sidewalk Construction -
Charles S. Whiteside, Inc., in the amount of $38,730 with
funding from Parks and Recreation Pompey Park Improvements
(Account No. 334-4172-572-62.04).
Ms. Brainerd moved for approval of the Consent Agenda, seconded
by Mr. Weatherspoon. Upon roll call the Commission voted as follows:
Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5
to 0 vote.
52.A.1. Ms. Brainerd stated she would like the Interim City Manager to
supply the Commission with a survey or a report of all Staff members who
have use of Staff cars, including pool cars, and a justification for
that use.
52.A.2. Ms. Brainerd questioned the City Attorney if he took part in
the meetings held last week by Commissioner McCarty, at which time the
allegations of the wrongdoings in the Police Department were discussed.
The City Attorney stated he was present at a meeting last week and
another on Monday of this week. She questioned his opinion as to
whether the charges and allegations made illustrate any criminal wrong-
doing.
The City Attorney stated he would like to preface his answer by
stating the following: 1) He has conducted no investigation, so what
he knows in some cases is merely second-hand; 2) The only set of
allegations he has were received this afternoon about 4:00 P.M., he has
not read the material and has no intention of reading it unless the
Commission directs him to; and 3) He has not looked at any of the
Police Department files. He further stated, if her question is based on
direct information that she presently has, his response is "No, he has
come across no criminal conduct that he should disclose to the City
Commission"
52.A.3. Ms. Brainerd stated it is her understanding, based on a memo
received this weekend relative to the cash flow reserve situation, that
if Hurricane Hugo had called on Delray Beach, the City would be in a bad
situation. By her calculations, there would be less than $360,000
available in emergency disaster relief. She feels the Commission has
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been the victim of cash flow decisions made without proper information
to back them. She had requested graphs or pie charts from the previous
City Manager showing the impact of the funding decisions that are made
at Commission level. Funding decisions are made by the Commission,
staff dutifully finds the money and satisfies the direction, but the
Commissioners are not aware of what the implication has on the Fund
Reserve. She would like to direct staff to recommend some continuing
management suggestions that can be made to increase the efficiency of
running the City with an eye for building back those cash reserves, even
though the budget has been approved.
52.A.4. Mr. Andrews stated he had discussions this week relative to the
status of the Laver's property and presented copies of his updated ideas
to Commission members. He requested that the City Attorney write a
letter to FDIC and inform them that the City is interested in portions
of the site and would like to be considered in the evaluations they have
regarding dispensation of the property. He did a financial analysis on
the property on what can be done in a phase approach to develop it. It
is less than Lake Ida and he feels it accomplishes far more than that
site or any other site can do for the City. It is his understanding
that FDIC will arrive at some ground rules by mid October, so it might
be possible to wrap this up before long. The Interim City Manager ques-
tioned if Mr. Andrews would also like staff to investigate the TDR's
(Transfer Development Rights), to which he responded that he would.
52.A.4. Mr. Weatherspoon stated he received a copy of a resolution from
the Mayor of Boca Raton in regard to the expiration of the gasoline tax
in 1990 and they are requesting the City of Delray Beach, along with
other cities, to adopt a similar resolution asking the County to extend
the duration for another ten or twenty years. The Interim City Manager
advised it will be prepared in time for the next formal meeting, if that
is the direction of the Commission. (Note: Item 48 of the Agenda,
Resolution No. 68-89 dealt with this matter).
52.A.5. Mr. Weatherspoon stated he is aware that the Waterford project,
at some point in time, will have a traffic signal installed at the
corner of Linton Boulevard and Germantown Road; however, in the mean-
time, he feels there is a dire need for one now and questioned if
anything can be done to speed up that process. The Interim City Manager
stated he has no answer for him at this time, but he will see that
everything possible be done in order to accelerate the process.
52.B.1. The City Attorney stated two weeks ago the Commission directed
his office to assemble and transmit items concerning allegations against
the Police Department. Today a delivery of two memoranda were received,
one from a citizen and the other from a Commissioner, that set forth
serious allegations of criminal conduct in the Police Department. Also
received was backup documentation in the nature of three to four inches
of material that was attached. Unless the Commission would like the
City Attorney's office to extend further, they plan to transmit the
material by the end of the week to the State Attorney's office and the
U.S. Attorney's office, simultaneously.
Mayor Campbell stated, according to the letter received by the
Commission, he feels the City Attorney should also explore the possibil-
ity of a special prosecutor, since the allegation is that Mr. Blud-
worth's office is incapable of conducting an investigation in this
regard.
The City Attorney advised that Mr. Bludworth has the authority
and should contact the Governor's office on that subject. He also
stated it is pointed out as a request in the citizen letter and he had
not planned on incorporating that in his letter of transmittal, but if
that is the direction of the Commission, he will do so. Mayor Campbell
stated it is not the request of the Commission, but of the citizen
involved, and he feels that needs to be made. The City Attorney advised
he will send a copy of the documentation of the two-page cover letter he
received in the Commission agenda delivery, but he does not intend to
make copies of the background materials unless the Commission feels this
is necessary. He stated there will be a copy available in his office if
anyone would care to look at it.
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52.C. There were no comments from the Interim City Manager.
Mayor Campbell declared the meeting adjourned at 9:42 P.M.
ATTEST:
MAYOR
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 26, 1989, which minutes were
formally approved and adopted by the City Commission on~/D~/-~.
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
Co~ission. 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.
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