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02-09-88 382 FEBRUARY 9, 1988 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice-Mayor Marie Horenburger in the Commission Chambers at City Hall at 7:05 P.M., Tuesday, February 9, 1988. 1. Roll call showed: Present - Commissioner Richard J. Dougherty Commissioner Marie Horenburger Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell (Arrived 7:20 P.M.) Absent - None Also present were - City Manager Walter O. Barry and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Ralph Nygard, Barwick Road Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4.a. Vice-Mayor Horenburger read and presented a proclamation proclaiming February 19, 1988, as "Pythian Founders Day". Members of the Boynton-Delray Lodge ~206 Knights of Pythias and Atlantic Lodge #217 Knights of Pythias came forward to accept the proclamations. 4.b. Vice-Mayor Horenburger read and presented a proclamation calling for a first nonpartisan election to be held on Tuesday, March 8, 1988, between the hours of 7:00 A.M. and 7:00 P.M., and designating the precincts and polling places in the City of Delray Beach. Mayor Campbell arrived at this time. 5. The City Manager requested that Item 26 be deleted from the Regular Agenda as the attorneys from both the restaurant and golf course operation have asked to meet with staff to go over additional work. The City Manager advised he has received a request to add an Item 27.g. which is relative to emergency repairs to well #17. This will involve the Commission establishing that an emergency condition exists and that the bidding procedure be waived. Mrs. Horenburger moved to approve the agenda with the deletion of Item 26 and declaring an emergency to add Item 27.g. regarding a ~contract for emergency repairs to well ~17, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PUBLIC HEARING 6. Ordinance No. 1-88. Ordinance No. 1-88, designating an area bounded on the west by N.W. and S.W. 1st Avenues, on the south by S.E. and S.W. 2nd Streets, on the east by N.E. 1st Avenue, S.E. 1st Avenue and by N.E. and N.W. 4th Streets on the north to be known as the Old SchOol Square Historic District, is before the Commission for considera- tion on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 1-88: 383 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING AN AREA BOUNDED ON THE WEST BY N.W. AND S.W. lST AVENUES, ON THE SOUTH BY S.E. AND S.W. 2ND STREETS, ON THE EAST BY N.E. lST AVENUE, S.E. 1ST AVENUE AND THE ALLEYS IN BLOCKS 74, 75 AND 76, TOWN OF LINTON PLAT, AND BY N.E. AND N.W. 4TH STREET ON THE NORTH, AN HISTORIC PRESERVATION DISTRICT; AMENDING ZONING MAP OF DELRAY BEACH, FLORIDA, 1983; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 1-88 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. Mrs. Horenburger moved for the adoption of Ordinance No. 1-88 on Second and FINAL Reading, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - ~es. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Weatherspoon stated he has some concern with the boundaries of this district as they are incorporating a much larger area than the Old School Square. He questioned why there is a need to extend the boundaries to this degree. Clemmer Mayhew, Chairman of the Historic Preservation Board, stated the reason for going four blocks north of Atlantic Avenue to Cason Memorial Methodist Church was that that was the original border of Delray. They go south to St. Paul's Episcopal on S.W. 2nd Street and 1st Avenues east and west. This creates a walking area around the new cultural arts center and does not isolate it in the middle of the City. This border includes over 100 buildings which have the possibility of being architecturally significant. A gentleman from the audience stated he would like to speak on this ordinance. Mayor Campbell stated he will reopen the public hear- ing; however, he would like to remind everyone that this is out of the ordinary. Richard Kamhi, 211 N.E. 1st Street, stated he would like to know what the Historic District will mean to the development in the area with regard to zoning, alterations and additions to homes. Mayor Campbell stated it will have some affect on zoning as far as the procedure and uses are concerned; however, he would suggest that if he has any serious concerns he should contact Mr. Mayhew. Upon question by Mrs. McCarty as to what procedure someone would have to go through if they wanted to renovate their home, Mr. Mayhew stated the Historic Preservation Board essentially replaces the Board of Adjustment and Community Appearance Board. Therefore, they would recommend that a homeowner first approach the Historic Preserva- tion Board, which acts as an advocate for homeowners within historic districts, to facilitate the alterations and changes. The homeowner would fill in an application stating what they they would like to do to their property and the Historic Preservation Board has guidelines to give them. Richard Robb, 50 Palm Square, stated he has some reservations about this proposal as he feels it will absolve a property owner of handling his property in an equitable way. Fred Love, 315 N.E. 18th Street, stated he and members of his family have several pieces of property involved in this area and they strongly support the concept of this district and the goals they are trying to obtain. -2- 2/9/88 384 The public hearing was closed. Mr. Dougherty stated that there are approximately 200 pieces of property in this area and he questioned how many buildings really qualify as historic buildings. Mr. Mayhew stated there are 101 contrib- uting buildings which are approximately 50 years or older and could have historical and architectural significance. They have done extensive surveys on the 101 properties and have Florida Historic Preservation surveys on all the properties. At this point the roll was called to the motion. 7. Land Use Plan Amendment 1988-1. The Commission is requested to conduct a Public Hearing and take action on the proposed Land Use Plan Amendment 1988-1. The amendment consists of three items. Prior to consideration a public hearing has been scheduled to be held at this time. The items are as follows: a. Plan change from RM and SF to RH for 38 acre tract (UDAG project). b. Incorporation of the Community Redevelopment Plan with the City's Comprehensive Plan. , c. Change from I to C for .32 acre parcel north of the Exxon Station, located at West Atlantic and Congress. 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. Mayor Campbell clarified that if they pass on these three items tonight they would be submitted to the DCA in Tallahassee. They would then come back to the City for ordinances and at that time they would come under actual consideration for the change. a. Mr. Dougherty stated, with regard to Item 7.a., that there is not much point in sending it to Tallahassee for approval if it comes back to the Commission and they decide they do not like the density. He feels they should resolve that issue before giving authorization to send it to the DCA. The City Manager advised that the staff recommendation is to establish the density at RM which guarantees seven units per acre. Upon question by Mrs. Horenburger, Ken Simback, Director of the CRA, stated there is no problem in designating the property RM; the developer agreed to the RM which would give him up to 10 units per acre. This does include the park area as the City's zoning code calculates density based on gross acreage. Mrs. Horenburger moved to approve the staff recommendation of RM for Item 7.a., seconded by Mr. WeathersPoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; .Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. b. David Kovacs, Planning Director, stated the Community Redevel- opment Plan has already been adopted by the Commission; however, the City's Comprehensive Plan was not amended to include the document. Mr. Simback and the Planning & Zoning Board feel there is better direction in this document and they would be better off to adopt it as an amend- ment to the Comprehensive Plan so that they can work with it rather than the nebulous 1979 Plan they have now. Therefore, they are recommending taking this Plan as is, with three changes to the Land Use map. Mrs. Horenburger moved to approve the staff recommendation for Item 7.b., seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mrs. Horenburger left the Commission Chambers at this time. -3- 2/9/88 385 c. Mr. Weatherspoon moved to approve the staff recommendation for I--~em 7.c., seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8. St. Mary's the Virgin Church Title Transaction. The Commission is to consider approval of an agreement between the City and Quality Broadcasting Corporation to acquire a strip of property approximately 40 by 98 feet in the vicinity of Golfview Estates in the amount of $5,000, with funding to come from the City Manager's Contingency Account. 9. March 8, 1988 Municipal Election. The Commission is to con- sider the designation of Jackie Winchester, Supervisor of Elections for Palm Beach County, as representative for the testing of the automatic tabulating equipment at 10:00 A.M., March 4, 1988, as an additional member of the City's Canvassing Board to represent the City in, the pre-election test on Tuesday, March 8, 1988, and to receive and tabulate the City's absentee ballots. 10. CSX Railroad. The Commission is to consider approval of a pipeline crossing agreement with CSX Transportation, Inc., in the vicinity of IBM along Germantown Road and near S.W. 10th Street. 11. Acceptance of State Department of Community Affairs Grant. The Commission is to consider acceptance of a Department of Community Affairs planning grant in the amount of $37,756 for funding assistance for completion of the City's Comprehensive Plan. 12. Resolution No. 9-88. Resolution No. 9-88, assessing costs of ~bating nuisances in accordance with Section 13-13 on 77 parcels, is before the Commission for consideration. The caption of Resolution No. 9-88 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVID- ING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 9-88 is on file in the official Resolu- tion Book) Mr. Weatherspoon moved to approve the Consent Agenda, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. REGULAR AGENDA 13. Appointment to Code Enforcement Board. The Commission is to consider the appointment of a general contractor (regular member) to the Code Enforcement Board to a term ending January 14, 1991. Mrs. McCarty moved to appoint Robert McDonald to the general contractor position on the Code Enforcement Board to a term ending January 14, 1991, seconded by Mr. Dougherty. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. -4- 2/9/88 386 Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 14. Historic Preservation Grant Award. The Commission is to consider acceptance of a grant award in the amount of $25,000 from the Department of State, Division of Historical Resources, for preparation of construction documents for Building 1, Phase 1, construction of Delray Beach Elementary School renovation project. Mr. Dougherty moved to accept the grant award in the amount of $25,000 from the Department of State, Division of Historical Resources, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mrs. Horenburger returned to the Commission Chambers at this time. 15. Delray Beach Elementary School Joint Use Agreement Amendment. The Commission is to consider ratification of the Delray Beach Elemen- tary School Joint Use Agreement Amendment with the School Board of Palm Beach County. , Mrs. Horenburger moved to ratify the Delray Beach Elementary School Joint Use Agreement Amendment, seconded by Mrs. McCarty. Upon .roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 16. Agreement between the City and CH2M Hill. The Commission is to consider authorizing the City Attorney's office to enter into an agree- ment with CH2M Hill for retention of expert witness/consultant for ground water contamination matter in an amount not to exceed $12,000. Mrs~ Horenburger moved for approval, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 17. Renaming N.E. 2nd Avenue. The Commission is to consider renaming N.E. 2nd Avenue, between Atlantic Avenue and N.E. 8th Street, as Pineapple Grove Way. Mrs. Horenburger moved for approval, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 18. Conditional Use and Site Plan Approval CU-31-C. The Commission is to consider a request for a conditional use permit for a 6,250 square foot storage building to be added to a parcel which is adjacent to the Delray Plaza, located on South Federal Highway (Owner - Mr. Robert Wiebelt, by Agent - Mr. Albert (Skip) Jackman. Mr. Weatherspoon moved to deny the conditional use permit, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 19. Special Activities District Report. The Commission is to accept receipt of the Special Activities District report and direction regarding review and implementation. Mrs. Horenburger moved to receipt and file the Special Activi- ties District report, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 20. County Land use Plan Amendment Requests: -5- 2/9/88 387 a. Titcomb from RM (Residential Medium) to Commercial Potential. b. Evans and Currusillo from RM (Residential Medium and Medium High) to Commercial Potential. c. Bowman and Bowman from RM (Residential Medium and Medium High) to Commercial Potential. d. Flohr and Flohr from RM (Residential Medium and Medium High) to Commercial Potential. Mrs. Horenburger moved to accept the staff and Planning and Zoning Board's recommendation on Items 20.a,b,c and d, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 21. Water Treatment Plant Expansion/Land Acquisition. The Commis- sion is to consider approval of purchase contracts for Lots 3, 4 and 5 of the Nichols Second Edition for Water Plant expansion program and authorization of expenditure for purchase price, moving allowance, real estate commission and closing costs in the amount of $150,183.60 with funds to come from the 1983 Water and Sewer Bond interest earnings., Mr. Dougherty moved for approval, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 22. Ordinance No. 2-88. Ordinance No. 2-88, changing the Land use Map designation for .32 acres of land located just north of the Exxon Station at the corner of Congress Avenue and Atlantic Avenue from (I) Industrial to C (Commercial), is before the Commission for consideration on First Reading. If passed, Public Hearing will be held March 8, 1988. The City Manager presented Ordinance No. 2-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND LYING AND BEING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, FROM I (INDUSTRIAL) TO C (COMMERCIAL). SAID LAND IS LOCATED ON THE EAST SIDE OF CONGRESS AVENUE, BETWEEN WEST ATLANTIC AVENUE AND N.W. 1ST STREET; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Dougherty moved for the adoption of Ordinance No. 2-88 on First Reading, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 23. Ordinance No. 3-88. Ordinance No. 3-88, annexing .32 acres of la~d with GC (General Commercial) zoning, located just north of the Exxon Station at the corner of Congress Avenue and Atlantic Avenue, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held March 8, 1988. The City Manager presented Ordinance No. 3-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE NORTH 50 FEET OF THE WEST HALF (W 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LESS THE WEST 53 FEET THEREOF, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE EAST SIDE OF CONGRESS AVENUE, BETWEEN WEST ATLANTIC AVENUE AND N.W. 1ST STREET; REDEFINING THE -6- 2/9/88 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) DIS- TRICT; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Dougherty moved for the adoption of Ordinance No. 3-88 on First Reading, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 24. Ordinance No. 5-88. Ordinance No. 5-88, annexing property with "~OC (Planned Office Center) zoning located at the corner of Lake Ida Road and Davis Road (Owner - All American Meat Company, by Agent Harold A. Greene), is before the Commission for consideration on First Reading. If passed, Public Hearing will be held March 8, 1988. ThE City Manager presented Ordinance No. 5-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PORTION OF LOT 20 IN BLOCK 1, DELRAY SHORES SUBDIVISION, AS RECORDED IN PLAT BOOK 24, PAGES 232 AND 233, PALM BEACH COUNTY PUBLIC RECORDS, LYING AND BEING IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF LAKE IDA ROAD AND DAVIS ROAD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVID- ING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVID- ING FOR THE ZONING THEREOF TO POC (PLANNED OFFICE CENTER) DISTRICT; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 5-88 on First Reading, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. 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: Harold Greene, attorney representing the owner, stated this property consists of medical offices and a Mr. Grocer store which will come in as a nonconforming use and will stay that way until the lease expires. Arthur Jackel, representing the residents in the area, stated they are very concerned with this property. It is presently zoned neighborhood commercial in the County and they have requested the County to rezone them to general commercial. At this point, they are in full accord with the annexation and POC designation with certain conditions. At this point the roll was called to the motion. 25. Emergency Ordinance No. 6-88. Ordinance No. 6-88, amending Chapter 9, "Buildings and Construction" of the Code of Ordinances relative to flood hazards in accordance with Federal Emergency Manage- ment Agency requirements, is before the Commission for consideration on FINAL Reading. The City Manager presented Emergency Ordinance No. 6-88: AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CONSTRUCTION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE XII, "FLOOD HAZARDS", SECTION 9-416, "DEFINITIONS", TO REVISE THE -7- 2/9/88 389 DEFINITION OF MANUFACTURED HOME; BY AMENDING SECTION 9-449(d), "COASTAL HIGH HAZARD AREAS (V ZONES)", TO PROVIDE A REVISED V-ZONE ANCHORING CERTIFICATION; BY AMENDING SECTION 9-449, "SPECIFIC STANDARDS", BY ADDING A NEW SUBPARAGRAPH (e), "AREAS BELOW LOWEST FLOOR", TO PROVIDE DESIGN STANDARDS FOR ENCLOSURES BELOW THE BASE FLOOD ELEVATION; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Emergency Ordinance No. 6-88 is on file in the offi- cial Ordinance Book) The City Attorney read the caption of the ordinance and advised that, in accordance with the Florida Statutes on emergency procedures, this ordinance will be adopted finally on first reading only. Mrs. Horenburger moved for the adoption of Emergency Ordinance No. 6-88 on FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 27. Award of Bids and Contracts. It is recommended that bids and contracts be awarded as follows: a. Purchase of a 15 passenger van for Parks & Recreation - Bill Wallace Ford - $14,563.50. b. Purchase of a cargo van for the Police Department Community Rela- tions Unit - Off Florida State Contract - Barrie Reed Buick, GMC, Inc. - $10,854.35. c. Purchase of equipment to expand existing computer system for micro- processor work stations for networking existing and additions for the Police Department from sole source - UNISYS - $30,183. d. Purchase of computer service contract for Water Treatment Plant from sole source - Turbitrol Company - $20,000. e. Extension of existing contract for purchase of gasoline and motor oil through Palm Beach County Cooperative Group bid to Chevron U.S.A. Inc., Nana's Petroleum and Belcher Oil for use by all depart- ments - estimated $213,097. f. Office Supplies - Palm Beach County Contract - to LOPC, Decora, Barnett's Office Supplies, Halsey & Griffith, Inc., K-Data Products, Inc. and A-M-R Office Supply Company. g. Emergency repairs to Well #17. Mayor Campbell questioned if there is any item which a Commis- sioner would like to discuss. Mr. Dougherty requested that they discuss Item c. Mrs. McCarty requested that they discuss Item a. Mr. Weatherspoon moved to approve Items 27.b, d, e and f, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Horenburger took the Chair. 27.a. Upon question by Mrs. McCarty, Joe Weldon, Director of Parks and Recreation, stated this is a replacement vehicle for the 1982 Dodge Van which currently has 72,768 miles. The vans are used for transport- ing children from different programs, athletic teams and day camp. Mrs. McCarty moved to approve Item 27.a., seconded by .Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. -8- 2/9/88 390 Mayor Campbell returned to the Commission Chambers at this time. 27.c. Upon question by Mr. Dougherty, Chief Kilgore advised that this is a portion of a program which was initially approved several years ago and is being implemented in stages. Mrs. Horenburger moved to approve Item 27.c., seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 27.~. The City Manager advised this item require~ an action to approve emergency repairs to well #17 which is located at Railroad and 10th Avenue. They believe it is worthwhile to spend the $25,250 neces- sary to provide the additional one million gallons per day. Meridith Corporation is recommended as the contractor based on their past record with the City and the fact that they were the only company willing and able to perform the service needed in the short amount of time required. Mrs. Horenburger moved to approve Item 27.g., emergency repairs to well 917, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. 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: Upon question by Mr. Weatherspoon as to why the well was taken out of service, the City Manager advised they had a situation where either repairs were needed or they could shut the well down. Rather than make the investment at that time, as the well was not needed, they elected not to spend the $25,000. Robert Pontek, Director of Public Utilities, stated that wells 10, 14 and 17 are planned to be taken out of service in the summer when the golf course wells come on line. Mr. Weatherspoon stated that there appears to be some chlorine in the wells and he questioned if they are going to test for it before they spend any money. The City Manager stated they would. Upon question by Mr. Dougherty as to how close well 917 is to the source of the present contamination, Mr. Pontek advised it is approximately 15 or 16 blocks away. Mr. Dougherty questioned if it would be possible to accelerate the completion of the golf course well field. The City Manager stated they have discussed this with the City's consultants, CH2M Hill, who advised them against doing that because of the existence of the impurities. This will be discussed in great detail at tomorrow's meeting. Discussion followed on the possibility of the golf course well field becoming contaminated and the effect well 917 will have on the golf course. At this point the roll was called to the motion. PROCEDURAL ITEMS 28.1. Adele Jackel, 784 N.W. 25th Avenue, stated she would like to request that the ground work be started now on bringing the fee struc- ture for City resident beach parking in line with the City of Boca Raton. She feels beach access in Palm Beach County should be equal in all restored beach communities. 28.2. Jay Slavin, Rainberry Bay, stated she would like to have an updat~ed report on what is happening to the tennis courts, the scrub and the exchange of land. 28.3. Tina Eno, Atlantic Avenue Association, stated she would like to thank' the Commission for the support given with "Up With People". -9- 2/9/88 391 28.4. Elizabeth Matthews, 1024 White Drive, stated that the City is prohibited by the conditions of the contracts for beach restoration with the State from charging people outside the City anything different from people inside. However, in Boca Raton they took the current value of their beach property and worked it out to state that it would cost $6 every time they went to the beach. Those numbers were accepted by the Federal Government and State. She personally finds it outrageous but admires them for getting away with it. 29. Mrs. Horenburger moved for approval of the minutes of the Regular Meeting of January 26, 1988 and the Emergency Special Meeting of January 25, 1988, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 30.a.1. Mrs. McCarty stated that the Parks & Recreation Department is heading up the fireworks for July 4th and she is sitting on the Commit- tee trying to do this. She questioned if the Commission had any problem with her using City stationery and her name in trying to get donations for this effort. The City Manager suggested that they solicit sponsorships instead of donations. It was the consensus of the Commission that they had no problem with this. 30.a.2. Mrs. McCarty stated they received a letter from the City Attorney relative to his meeting with representatives from DOT and the County concerning the North Federal Highway traffic problem. She read the letter as stating that nothing is happening. The City Attorney stated that at the meeting there were two subject matters of discussion and in both cases that which was proposed was unacceptable. The representatives for Mr. Henn are to submit additional proposals to both the County and City; however, he has yet to receive them. Mrs. McCarty stated that the meeting was in December and she feels it may be time for the City Attorney to ask what is happening. 30.a.3. Mrs. Horenburger stated she would like to request that they look at the site for the fire station in the beach area. She feels they need to revisit this, look at the existing fire station and the area around it. 30.a.4. Mrs. Horenburger stated she attended a conference over a week ago called "1,000 Friends of Florida". Numerous people banded together and formed this group who are an advocacy group to help local government with growth management. She would like to urge the Commission to consider joining this group. 30.b. There were no Non-Agenda Items by the City Attorney. 30.c.1. The City Manager stated that several weeks ago they discussed the Police Community Relations programs within the City. He advised that they have been working with the Cities and Schools people to establish a program in the City of Delray. 30.c.2. The City Manager advised that he and the City Attorney attended a session in Tallahassee on economic development. A very exciting public/private partnership plan was discussed and they were both im- pressed with what was done and will be doing more research in this regard. Mayor Campbell declared the meeting adjourned at 8:35 P.M. City Clerk -10- 2/9/88 392 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 February 9, 1988, which minutes were formally approved and adopted by the City Commission on~,..~J. /~ff . City Clerk 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. -11- 2/9/88