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10-25-88 317 OCTOBER 25, 1988 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 7:08 P.M., Tuesday, October 25, 1988. 1. Roll call showed: Present - Commissioner Patricia Brainerd Commissioner Marie Horenburger Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - Assistant City Manager Robert Barcinski and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Robert H. Finch, ~ason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4.Aol. Mayor Campbell presented a proclamation proclaiming the week of October 24-30, 1988, as "National Drug Free America Week". 4.A.2. Mayor Campbell presented a proclamation proclaiming the week of October 31 to November 4, 1988, as "Jewish War Veterans of the U.S.A. Week" and "Poppy Week". 4.A.3. Mayor Campbell presented a proclamation proclaiming the week of November 7-11, 1988, as "Delray Ladies Auxiliary of the Jewish War Veterans Week and Poppy Drive" 4.B. Charlotte Durante, former Council member, stated in June of 1988 she petitioned the Commissioners to assist a group of high school students in making a trip to the National Convention of Future Business Leaders of America in Cincinnati, Ohio. While in Cincinnati, these students made a good will visit to the City, on behalf of the City of Delray, in celebration of Cincinnati's 200th birthday. Two students from the FBLA Chapter of Atlantic High School, gave presentations thank- ing the Commission for their support and presented them with a Certifi- cate and the loan of their convention scrapbook which included their trip to City Hall. Mayor Campbell requested that the Assistant City Manager make it available for the public to review from his office during the month of November. PUBLIC HEARING 5. Ordinance No. 121-88: Ordinance No. 121-88, repealing Chapter ~4 "Cemeteries" of the Code of Ordinances, 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 Assistant City Manager presented Ordinance No. 121-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA, AMENDING TITLE 9, GENERAL REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING CHAPTER 94, "CEMETERIES" IN ITS ENTIRETY; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 121-88 is on file in the official Ordinance Book) 318 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. Horenburger moved for the adoption of Ordinance No. 121-88 on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 6. Ordinance No. 122-88: Ordinance No. 122-88, amending Chapter 54 "Sewers" of the Code of Ordinances relative to increasing connection charges, 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 Assistant City Manager presented Ordinance No. 122-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 5, "PUBLIC WORKS", CHAPTER 54, "SEWERS", "RATES AND CHARGES", SECTION 54.31, "CON- NECTION CHARGES; EXCEPTION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING, SUBSEC- TION 54.31(A) (1), "CONNECTION CHARGES", AND ENACTING A NEW SUBSECTION 54.31(A) (1), "CONNECTION CHARGES", TO PROVIDE FOR INCREASED CONNECTION CHARGES FOR RESIDENTIAL AND NON-RESIDENTIAL UNITS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 122-88 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. The City Attorney advised the Commission to note the City Manager's recommendation to conduct a Public Hearing and continue this item pending formulization of an installment pay plan for new water and sewer customers. Ms. Horenburger moved to continue Ordinance 122-88 to November 22, 1988, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - 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: Mr. Weatherspoon questioned if the City currently charges residential and commercial customers the same fee. The City Attorney stated there is a difference in price, from the main line to the proper- ty itself. Where there is no line available, the charge is the same, as it equates to the actual cost to the City. The City Attorney advised if this were construed to be an impact fee, it would need to relate specifically to the costs attended to the connection. The City Attorney further stated the utility compa- nies can charge different rates for commercial and residential installa- tion and service; the City cannot, due to the fact it is a government. At this point the roll was called to the motion. 7. Ordinance No. 128-88: Ordinance No. 128-88, amending Chapter 37 of the Code of Ordinances to provide the Code Enforcement Board with jurisdiction of violations dealing with Historic Preservation and amending Chapter 173 "Zoning Code" to provide that the Board of Adjust- ment is prohibited from granting variances for historic sites, is before -2- 10/25/88 319 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 Assistant City Manager presented Ordinance No. 128-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 3, "ADMINISTRATION", CHAPTER 37, "DELRAY BEACH CODE ENFORCEMENT", SECTION 37.02, "ENFORCEMENT OF CERTAIN CODES AUTHORIZED", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBSECTION (L) TO PROVIDE THE DELRAY BEACH CODE ENFORCEMENT BOARD WITH JURISDICTION OF VIOLA- TIONS OF CHAPTER 174 DEALING WITH HISTORIC PRESERVATION; AND AMENDING TITLE 13, "GENERAL OFFENSES" , CHAPTER 173, "ZONING CODE", "ADMINISTRATION AND ENFORCEMENT", SECTION 173.917, "VARIANCES", SUBSECTION 173.917(C), OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBSECTION 173.917(C) (5) TO PROVIDE THAT THE BOARD OF ADJUSTMENT IS EXPRESSLY PROHIBITED FROM GRANTING A VARIANCE WITHIN HISTORIC DISTRICTS AND FOR HISTORIC SITES OR INTERIORS, OR FROM ANY OF THE REQUIRE- MENTS, TERMS OR CONDITIONS SET FORTH IN CHAPTER 174; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 128-88 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. Horenburger moved for the adoption of Ordinance No. 1~8-88 on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 8. Ordinance No. 130-88: Ordinance No. 130-88, authorizing the creation of the Safe Neighborhood Improvement Districts as a new Chapter 175 of the Code of Ordinances, is before the Commission for considera- tion on Second and FINAL Reading. Frior 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 Assistant City Manager presented Ordinance No. 130-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CREATION OF THE SAFE NEIGHBORHOOD IMPROVEMENT DISTRICTS PROVIDING FOR CODIFI- CATION OF SECTIONS 1 AND 2 OF THIS ORDINANCE AS A NEW CHAPTER 175 OF THE CODE OF ORDINANCES; PROVIDING A GENERAL REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 130-88 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. Horenburger moved for the adoption of Ordinance No. 130-88 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. -3- 10/25/88 320 9. Ordinance No. 131-88: Ordinance No. 131-88, amending Chapter f~5 "Safe Neighborhood Improvement Districts" of the Code of Ordinances to establish the boundaries of a Special Safe Neighborhood Improvement District, 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 Assistant City Manager presented Ordinance No. 131-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND USAGE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 175, "SAFE NEIGHBORHOOD IMPROVEMENT DISTRICTS" TO CREATE A SPECIAL SAFE NEIGHBORHOOD IM- PROVEMENT DISTRICT PURSUANT TO FLORIDA STATUTES SECTION 163.501 ET SEQ., TO BE KNOWN AS THE WEST ATLANTIC AVENUE NEIGHBORHOOD IMPROVEMENT DISTRICT WITHIN AN AREA CONTAIN- ING APPROXIMATELY 236 ACRES BOUNDED ON THE SOUTH BY SOUTHWEST SECOND STREET, ON THE WEST BY 1-95, ON THE NORTH BY NORTHWEST SECOND STREET, AND ON THE EAST BY SWINTON AVENUE; BY ENACTING A NEW SUBSECTION 175.03 TO CREATE A LOCAL GOVERNMENT SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT; ENACTING A NEW SUBSECTION 175.04, "NAME OF DISTRICT", TO PROVIDE A NAME FOR THE DISTRICT: BY ENACT- ING A NEW SUBSECTION 175.05, "AUTHORITY TO APPLY FOR AND RECEIVE GRANTS", TO PROVIDE FOR THE SAID AUTHORITY TO APPLY FOR AND RECEIVE GRANTS; BY ENACTING A NEW SUBSEC- TION 175.06, "UTILIZATION OF TAX OR SPECIAL ASSESSMENT", TO PROVIDE FOR SUCH UTILIZATION OF TAX OR SPECIAL ASSESS- MENT; BY ENACTING A NEW SUBSECTION 175.07, "DESIGNATION OF BOARD OF DIRECTORS", TO PROVIDE FOR SUCH DESIGNATION OF THE BOARD OF DIRECTORS; BY ENACTING A NEW SUBSECTION 175.08, "ESTABLISHMENT OF ADVISORY BOARD", TO ESTABLISH AN ADVISORY BOARD; PROVIDING A GENERAL REPEALER; PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 131-88 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. Brainerd moved for the adoption of Ordinance No. 131-88, on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 10. Request for Open Burning - Gamelin Development, Inc: The Commission is to consider a request to waive Section 96.04 "Open Burn- ing'' to allow burning of landclearing materials north of Lake Ida Road and east of Barwick Road. Prior to consideration of this waiver a public hearing has been scheduled to be held at this time. The following persons spoke in opposition to the waiver: James Bowen, J. Vedelli, Alice Finst, Paul Friedman and Lorraine Casper. John Collina, 2631 N. W. 18th Terrace, Pompano Beach, repre- senting Gamelin Development, stated the request was written for "Open Burning", but the process is "Trench Burning". There is only smoke on starting. He feels he can accomplish the burning in seven days; howev- er, if he is not finished at that time he will discontinue the burning. He presented the Commission with a detailed diagram of the process. The public hearing was closed. Mr. Weatherspoon questioned if the Fire Chief could comment on the results of the burning at Waterford Way relative to the health and -4- 10/25/88 321 atmospheric hazards involved. Chief Koen stated their approval was in the area of fire hazard containment, not with regard to health hazards. Upon question by Ms. Horenburger if the County Health Depart- ment monitors this burning, the City Attorney advised only if there is a complaint, in conjunction with the County Environmental Office. Ms. Horenburger questioned if anyone has checked into the ash and chemicals that may be released into the air. Mr. Collina stated the Company claims the process is smokeless and ashless. Ms. Horenburger stated she would approve the waiver only if a trench burning system is used and with approval of the County Health and Environmental Departments. Ms. Brainerd commented when the City had previous burns of this nature, the environmentalists in her neighborhood stated there were several persons who had an allergic reaction to the Florida Holly. Mr. Weatherspoon questioned the reason for burning rather than removal to the landfill site. Mr. Gamelin stated it is cheaper and faster and he did not feel there would be a problem. Ms. McCarty moved to deny the request for waiver, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 4 to 1 vote. PROCEDURAL ITEMS 11.1. Lillian Feldman stated she would like to see something' done about making the lights brighter on Homewood Boulevard and Lake Ida Road. She also requested that a light be installed at the S.W. corner of Homewood Boulevard and Atlantic Avenue. 11.2. Sam Schwimer, 1061 Orange Terrace, stated the Florida Silver Haired Legislature recently held its annual Legislative session. At that time the House of Representatives of that body elected Jeanette Slavin as the speaker pro tem for the following two years. He reported on the bills approved that will be submitted to the Florida Legislature and the United States Congress. 11.3. Jeanette Slavin, Rainberry Bay, stated that, while in Tallahas- see, she heard there was a consensus on a third location for the Jacobson garage, namely the Intracoastal Waterway. An "Open Space and Recreation Element Task Force" she has been working on for the past two months, states that the retention of open space areas is vital to meeting one of the overall themes of the Comprehensive Plan. Part of the imagery of open space is that of vistas and streetscapes. She feels this location would equate with having it on Highway A1A. 11.4. Elizabeth Matthews, representing the Beach Property Owners Association, requested the Commission to consider an ordinance which would require Public Notice for the replatting of property in existing residential areas. It has the same impact as rezoning and she feels the surrounding residents should be notified of the impact this will have on the neighborhood. 11.5. June Carr, 1102 Miami Boulevard, stated she has recently received a mandatory garbage bill from the County and since her property is to be annexed into the City in November, she would like an answer as to how this should be handled. She spoke to Utility Billing and was informed that it will be mandatory to be connected to the City water source. She was under the impression that she could keep her well. She was also told the City is not issuing permits for sewer hookups at this time. Mayor Campbell suggested she contact Tina Eno for further infor- mation. 11.6. Priscilla Dobson, 901 S.W. 4th Street, stated she has called the Delray Police Department numerous times regarding dope addicts and prostitutes with little or no result. -5- 10/25/88 322 12. The City Attorney advised he has two items to be included within the Agenda, both of which are in the nature of emergency items. The first is with regard to the carbon filter at the Series 20 Wellfield. There has been carbon breakthrough at Well No. 24 and the carbon needs to be repacked into the filter as the lines are not running and will not be for 30-60 days. A drastic increase in the amount of contaminants has caused this, but it is felt the carbon is cleaning well and holding the contaminants in place. He is requesting the Commission to approve a carbon refill for Carbon Unit No. 24 at a cost of $48,000 to come from the Utilities Fund, which will be reclaimed from Aero-Dri. The City Attorney stated it can be added to the Consent Agenda as Item No. 36.G. The City Attorney stated the second item is a proposed resolu- tion that is to support the creation of a Countywide Healthcare Dis- trict. If the Commission has thoughts on endorsing this, he has the resolution available. The emergency nature is that the election will be held before the Commission meets again. Mayor Campbell stated it will be Item No. 36.H. on the Consent Agenda. The Assistant City Manager requested that Item Nos. 36.E. and 36.F. be taken off the Consent Agenda and added to the Regular Agenda. Item 36.E. contains some budget transfer actions, along with a bid. On Item 36.F. the bid award is in error and the City is asking for a bid to Water Resources Corporation at a price of $289,490 with waiver of some bid requirements. He also requested that Item No. 35 be moved to the Regular Agenda and the approval date changed to October 25, 1988. Mayor Campbell requested Item 36.A. be removed from the Consent Agenda and placed on the Regular Agenda. Mr. Weatherspoon requested that Item Nos. 30 and 32 be removed from the Consent Agenda and placed on the Regular Agenda. Ms. McCarty moved for approval of the Agenda, as modified, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 13. Ms. Horenburger moved for approval of the minutes of the Regular Meeting of September 27, 1988 and Special Meetings of September 7, 1988 and October 4, 1988, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. FIRST READING Ms. Horenburger left the Commission Chambers at this time. 14. Ordinance No. 129-88: Ordinance NO. 129-88, amending Chapter 150 "Building" of the Code of Ordinances relative to permit fees, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 8th. The Assistant City Manager presented Ordinance No. 129-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 150, "BUILDING REGULA- TIONS'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 150.062, "PERMIT FEE" TO PROVIDE FOR AN INCREASE IN THE PERMIT FEE FOR MOVING BUILDINGS; BY AMENDING SECTION 150.016, "AMEND- MENTS AND ADDITIONS TO CODE, SUBSECTION 107.4, "SCHEDULE OF PERMIT FEES", SUBPARAGRAPHS (c) (I),(II), (III),(IV), (V),(VI), AND (IX), TO MODIFY PERMIT FEES FOR NEW BUILD- INGS AND ADDITIONS, MISCELLANEOUS PERMITS, SUB TRADE PERMITS, PERMIT FEES FOR LONG-TERM PERMITTING, PERMIT FOR MOVING OF BUILDING OR STRUCTURE, AND CERTIFICATE OF OCCUPANCY; By AMENDING CHAPTER 157, "GAS CODE", SECTION 157.02, "AMENDMENTS AND ADDITIONS TO CODE", SUBSECTION -6- 10/25/88 323 113.4, "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 ADDITIONS 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", 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 SYSTEMS", SECTION 164.36, "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES FOR DRILLING OR DRIVING A NONPOTABLE WELL AND SPRINKLER SYSTEM; AND BY AMENDING CHAPTER 155, "ELECTRICITY", SECTION 155.18, "PERMIT FEES", SUBSECTIONS (A) AND (C), TO PROVIDE FOR AN INCREASE IN PERMIT FEES; 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. 129-88 on First Reading, seconded by Ms. McCarty. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Ms. McCarty left the Commission Chambers at this time. 15. Ordinance No. 137-88: Ordinance No. 137-88, amending Chapter 173 "Zoning Code" of the Code of Ordinances increasing the fee schedule for land development procedures, is before the Commission for considera- tion on First Reading. If passed, Public Hearing will be held November 8th. The Assistant City Manager presented Ordinance No. 137-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 173, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 173.918, "PERMITS AND FEES" (B), BY INCREASING THE FEE SCHEDULE FOR LAND DEVELOPMENT PROCE- DURES; BY AMENDING SECTION 173.918 (C), BY INCREASING BOARD OF ADJUSTMENT FEES; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 137-88 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. Ms. McCarty returned to the Commission Chambers at this time. 16. Ordinance No. 138-88: Ordinance No. 138-88, amending Chapter 159 "Landscaping" of the Code of Ordinances to provide for a fee in- crease in tree removal and shrub clearing, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 8th. The Assistant City Manager presented Ordinance No. 138-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 159, "LANDSCAPING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 159.50, "RELOCATION OR REPLACEMENT OF TREES", TO PROVIDE FOR AN INCREASE IN THE REMOVAL FEE; AND SECTION 159.51(A), "PERMIT FEES FOR TREE -7- 10/25/88 324 REMOVAL, SHRUB CLEARING", TO PROVIDE FOR AN INCREASE IN THE REMOVAL PERMIT FEE; 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. 138-88 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 17. Ordinance No. 139-88: Ordinance No. 139-88, amending Chapter 150 "Building Regulations" of the Code of Ordinances to provide for an increase in the permit fees, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 8th. The Assistant City Manager presented Ordinance No. 139-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 150, "BUILDING REGULA- TIONS'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 150.102, "PREREQUI- SITES TO APPROVAL; PERMITTED USES", SUBSECTION (C), "BUILDING DEPARTMENT", TO PROVIDE FOR MODIFICATIONS TO THE PERMIT FEES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 139-88 on First Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Ms. Horenburger returned to the Commission Chambers at this time. 18. Ordinance No. 140-88: Ordinance No. 140-88, amending Chapter 117 "Landlord Permits" of the Code of Ordinances to provide for increase of cost of landlord permits, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 8th. The Assistant City Manager presented Ordinance No. 140-88: 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. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 140-88 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 19. Ordinance No. 141-88: Ordinance No. 141-88, amending Chapter 174 "Historic Preservation" of the Code of Ordinances to establish a $25 application fee for a Certificate of Appropriateness, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 8th. The Assistant City Manager presented Ordinance No. 141-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 174, "HISTORIC PRESERVA- TION'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY -8- 10/25/88 325 BEACH, FLORIDA, BY AMENDING SECTION 174.32, "INITIATION AND PROCEDURE", SUBSECTION (B) TO ESTABLISH A TWENTY-FIVE DOLLAR APPLICATION FEE FOR A CERTIFICATE OF APPROPRIATE- NESS; 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. 141-88 on First Reading, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 20. Ordinance No. 142-88: Ordinance No. 142-88, rezoning property located at the southwest corner of Swinton Avenue and S.W. 4th Street from R-lA to CF, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 8th. The Assistant City Manager presented Ordinance No. 142-88: 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 CF (COMMUNITY FACILITIES) DISTRICT FOR A PARCEL OF LAND LYING AND BEING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF SWINTON AVENUE AND S.W. 4TH STREET, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEAL- ER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 142-88 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. SECOND READING 21. Ordinance No. 99-87: Ordinance No. 99-87, being a Land Use Plan Amendment-Large Scale Mixed Use Overlay Designation, with a request from the developer of Marina Cay to continue processing an amendment to the City's Land Use Map, is before the Commission for consideration on Second and FINAL Reading. The Assistant City Manager presented Ordinance No. 99-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE TEXT OF THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CREATING A LARGE SCALE MIXED USE DEVELOPMENT DESIGNATION, WHICH LAND USE CATEGORY WILL BE SHOWN ON THE LAND USE PLAN MAP IN AN OVERLAY MANNER AND WILL BE INTENDED TO IDENTIFY THE APPROXIMATE LOCATION OF AREAS WHICH MAY BE SUITED FOR SUCH LARGE SCALE MIXED USE DEVELOPMENT; PROVIDING AN EFFECTIVE DATE. 22. Ordinance No. 100-87: Ordinance No. 100-87, a companion ordinance to the preceding Land Use Plan Amendment, designating the zoning category "Large Scale Mixed Use" to the general area south of the Swap Shop, is before the Commission for consideration on Second and FINAL Reading. The Assistant City Manager presented Ordinance No. 100-87: 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 LAND IN SECTION 9, -9- 10/25/88 326 TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, GENERALLY IN THE VICINITY OF THE DELRAY DRIVE-IN AND SPECIFICALLY INCLUDING A PARCEL LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY, BETWEEN ALLEN AVENUE AND THE DELRAY DRIVE-IN THEATRE FROM C, COMMERCIAL IN PART, MF-10, MULTIPLE FAMILY - 10 UNITS/ACRE, IN PART, AND SF, SINGLE FAMILY, IN PART, TO ACCOMMODATE THE OVERLAY DESIGNATION OF LARGE SCALE MIXED USE DEVELOPMENT. Mayor Campbell stated a public hearing has previously been held on this ordinance but if there is anyone who would like to speak on this, he wants them to feel welcome to do so at this time. Mayor Campbell recommended the Commission postpone Item Nos. 21 and 22 to a workshop and special meeting for consideration next week. Roger Saberson stated he does not want a further postponement of this project. The City adopted, on First Reading, the ordinance to have this Mixed Land Use Plan Amendment in December or January. It was again on the Agenda in July of this year, at which time a 90 day exten- sion was granted. Mr. Kovacs indicated to him earlier that in order to be able to make the Land Use Plan Amendment this year, there could be no further postponements. He suggested by giving direction to staff to revise the language in the ordinance and have it on the workshop next Tuesday and give staff further direction, he feels the time frame would work. Mr. Weatherspoon stated he originally felt and still feels the concept is good in order to foster positive development on North Federal Highway. Mayor Campbell advised if the Commission firmly believes this particular piece of property should carry this Land Use Designation, regardless of what the applicant says, they should vote for it tonight. Ms. McCarty commented that this Land Use Designation does not change the underlying zoning. That must be done under a separate time period. She feels nothing is being jeopardized. Ms. Horenburger questioned where the danger will be in opening up to the possibility of some undesirable use on this property by passing the Large Scale Mixed Use Overlay Designation, until such time that the underlying zoning designation is changed. The Assistant City Manager stated the action to be taken by the Commission tonight is to either deny this ordinance or remand it to staff to include the comments from the State and take it back to P&Z. Ms. Horenburger questioned if this should pass, could someone request a Special Activity District before a Large Scale Mixed Use Overlay Designation and a Zoning Category is established. Mr. Kovacs, Planning Director, stated the first draft of an ordinance that is adopted on a Large Scale Mixed Use will require the use of an SAD. After the plan is amended, the project will go to the next step of preparing an SAD Zoning application. Upon question, Mr. Kovacs advised that the criticism with the draft of the proposed amendment was that it was not specific enough and did not contain specific criteria. In order to bring the revised text back to the Commission, specific criteria as to what the ratio of uses would be and other suggestions that were made must be provided. The staff recommendation from Planning was not to proceed. If it is within the best interest of the community to go forward, they shall proceed. Ms. Horenburger moved for the adoption of Ordinance No. 99-87 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Ms. Horenburger made a substitute motion to have Ordinance Nos. 99-87 and 100-87 remanded back to the Planning and Zoning Board to be included in Land Use Plan Amendment 88-2 and to make changes to these Ordinances to reflect the State review comments, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. -10- 10/25/88 327 Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 4 to 1 vote. REGULAR AGENDA 23. General Civil Engineering Consultant: The Commission is to Consider the selection of three finalists for Commission interview. Ms. Horenburger left the Commission Chambers at this time. Mayor Campbell suggested the Commissioners list the names in order of preference. The City Attorney announced the three finalists are Gee & Jenson; Post, Buckley, Schuh and Jernigan, Inc., and Barker, Osha and Anderson, Inc. Ms. Brainerd moved for approval, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. The City Attorney advised the three finalists will be making presentations at the November 1st Workshop and they will be ranked at that time. 24. Delray Beach Location for Ambulance Service: A request from Bethesda Ambulance Service for a Delray Beach location for an ambulance service and administrative office is before the Commission for consider- ation. Mayor Campbell stated this is a request for a location at Sherwood Plaza. He feels this is in the nature of a Workshop Item, with a need for direction from the Commission to allow an amendment to the SAD. Ms. Brainerd moved to direct staff to change the SAD, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes. Said motion passed with a 4 to 0 vote. 25. Name Change of Old Germantown Road West of 1-95 to Orange Grove ~a~ and South of Linton Boulevard to Waterford Place: The Commission is to consider a name change of Old Germantown Road. Mayor Campbell requested this item be postponed to the Workshop of next week. He feels Germantown Road east of 1-95 between Linton Boulevard and 10th Street should be changed and before this change is made there should be a general consensus of the procedure. Ms. Horenburger returned to the Commission Chambers at this time. Upon suggestion by Mayor Campbell, it was the consensus of the Commission to allow the Old School Square Foundation to utilize Germantown Road east of 1-95, in conjunction with a fund-raising project to rename it. It was the consensus of the Commission not to consider the western portion or the portion south of Linton, as it will be in the plat for Waterford Place. 26. Name Chan~e of Shady Lane to Country Manors Boulevard: A request to change the name of Shady Lane to Country Manors Boulevard is before the Commission for consideration. Ms. Horenburger moved to change the name of Shady Lane in Country Manors to Country Manors Boulevard, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. -Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 27. Waiver for Peach Umbrella Plaza Festival: The Commission is to consider a request for a special one day event license waiver for Peach Umbrella Plaza Festival to be held on October 29th. -11- 10/25/88 328 Mr. Weatherspoon moved for approval, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 30. Utility Bond Fund Tax Balance - County Courthouse: The Commis- sion is to consider an appropriation of $845,809 Utility Bond Fund Tax Balance for purchase of land for the County Courthouse. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Weatherspoon took the Chair. Mr. Weatherspoon questioned what other alternative is available for funding. The Assistant City Manager explained that the Commission formerly approved this, in the Utility Tax Issue, when the 1.2 million dollars was passed to be used by the CRA for the purchase of land for the courthouse. This is the balance of the 1.2 million previously budgeted. Ms. Horenburger moved for approval, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. 32. Change Order No. 3. - Atlantic Avenue Beautification Project: The Commission is to consider approval of Change Order No. 3 with Charles S. Whiteside, Inc. for modifications to irrigation system, storm drainage, landscaping, electrical and miscellaneous. This will be an increase of $50,786.27 to the contract price. Funding is to come from the Utility Tax Bond Issue Account 333-4141-572-61.19. Mr. Weatherspoon questioned if there were any other applicants considered to make sure the City received the best price. Gerald Church, City Engineer, stated that some unit prices were already quoted in the contract and others are consistent with other prices. Ms. Horenburger moved for approval, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. 35. Ratification of Agreement between the City and IBF&O for a Period October 1, 1988 through September 30, 1991. The Assistant City Manager requested the date be changed to October 25, 1988 through September 30, 1991, with pay benefits to be equal to all employees covered under the Collective Bargaining Agree- ment. Ms. Horenburger moved for approval, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell returned to the Commission Chambers at this time and took the Chair. 36. Awards of Bids and Contracts: A. Extension of Contract with PRIME, Inc. - not to exceed $9,500 with funding to come from Account 001-2610-512-33.15, ($5,000) and Account 001-3101-512-33.15 ($4,500). Mayor Campbell stated he feels it is an expensive contract for 'temporary employment, and the position should be made permanent. He also feels the contract should be terminated by October 31st. The Assistant City Manager advised that the City Manager concurs. -12- 10/25/88 329 Ms. Brainerd moved for approval, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 36. E. Swinton Avenue Drainage Project - Ocean Bay Construction, Inc. - $198,000 with funding to come from Account 333-3161-541-61.10. The Assistant City Manager stated the Commission is also being asked to transfer the balance of that project account of $34,962 to the downtown drainage project and $50,176 from the Utility Fund to the Atlantic Avenue Beautification Fund for the cost of the utility improve- ments in the Atlantic Avenue Beautification. The funds from the Atlan- tic Avenue Beautification Project could then be transferred to the downtown drainage project for the drainage work. Ms. Horenburger moved for approval, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 36. F. Golf Course Well Pumps - Pump and Equipment Company - $320,805 with funding to come from Account 441-5163-536-60.71. (Note the new recommendation from Staff). The Assistant City Manager stated the new recommendation by staff is to award the bid to Water Resources Corporation in the amount of $289,490 and requests the Commission to waive a bid irregularity, which is, that the low bidder did not bid on six small accessory items in the bid form amounting to approximately $3,000. There was also a question that the low bidder took exception to the liquidated damages, provided the pumps cannot be delivered in the time frame, but has since agreed to the liquidated damage provision. Michael Duberly, President of Pump and Equipment Company of Boynton Beach, stated they were initially judged to be the low bidder. The City's requirement did specify that they agree to liquidated damag- es, so when their bid was formulated, that was taken into consideration. The equipment to be supplied is well known with many installations here in Florida. This is an alternate bid for the bidder now being consid- ered, with equipment not having installations in Florida. Robert Pontek, Public Utilities Director, stated this particu- lar project was assembled on behalf of the City by Russell & Axon, the consulting engineer for the golf course well field. They did the evaluation and the evaluation of the alternate material and he requested that Michael Brown, the Project Engineer, address that. Ms. McCarty left the Commission Chambers at this time. Michael Brown, Project Engineer of Russell & Axon,, stated the recommendation was to waive the irregularities and accept the low bid from Water Resources, which is approximately $31,000 less expensive than the bid from Pump and Equipment. There is also a three to four week improvement in delivery. He feels either of the suppliers will be acceptable as far as quality of equipment. Mr. Duberly stated when Water Resources returned after the bid opening with a different perspective, they stated they had an error which they could correct and at that time agreed to the new delivery time. After the bidding process was complete, with the advantage of the new perspective, they agreed and were willing to make changes to all these items. Mr. Duberly agreed his company is somewhat higher, but their bid was on all fifteen items in place of the nine that Water Resources bid on. Mayor Campbell stated this is exactly the kind of situation he does not like to be in. Mr. Pontek confirmed the fact that the lower bidder is being recommended, but with an irregular bid. However, after careful -13- 10/25/88 330 evaluation with Ted Glas, Purchasing Director, technical issues were dealt with, the suitability of the pumps was evaluated along with the technical evaluation of the consulting engineers, and staff recommenda- tion was to then waive the minor irregularities. Mr. Weatherspoon questioned if the same privilege had been allowed the other party, would the result be the same. Mr. Pontek stated the prices did not change. The only difference was the irregu- larity of the liquidated damages, which was issued in an addendum. Delivery must be on certain dates or the supplier will pay a $250 per day penalty. The other items that were not included in the bid are minor parts that are not germane to the actual bid. Mr. Duberly stated when the invitation to bid was received, the instructions were that the bid would be awarded on a lump sum basis. It was understood that all items were to be bid. It was also stated, in an addendum, that delivery was critical and if delivery was missed, a $250 per day liquidated damages would be assessed and those items were taken into consideration. Had his company been given the same opportunity, his price list would have been substantially less. Mr. Pontek stated that due to the $31,000 differential in price, Water Resource Corporatio~ being cheaper than Pump and Equip- ment, could have bid 117 days longer delivery time and had the equal. Mr. Weatherspoon moved to award the bid to Water Resources, in the amount of $289,490, and by so doing, waive the irregularities, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. CONSENT AGENDA 28. Temp.orary Tent - Christmas Trees: The Commission is to consid- er a request from Happy Holiday Christmas Trees to erect a tent at the proposed Tropic Isle Plaza, 650 feet north of AVenue L on the east side of Federal Highway, from November 10, 1988 to December 31, 1988. Approval is recommended. 29. Ratification of South Central Regional Wastewater Treatment and Disposal Board's Action of September 26, 1988: The Commission is to consider ratification of Addendum No. 1 at a cost not to exceed $167,514 and Addendum No. 2 at a cost not to exceed $170,909 of Camp, Dresser & McKee, Inc.'s Agreement. Ratification is recommended. 31. Chan~e Order No. 2 - Atlantic Avenue Beautification Project: The Commission is to consider approval of Change Order No. 2 with Charles S. Whiteside, Inc. to modify pavement section and to use paver blocks for intersections. This will be a decrease of $26,840.04 to the contract price. Approval is recommended. 33. Resolution No. 67-88: Resolution No. 67-88, abandoning Forest Road within the proposed Sherwood Forest Development, is before the Commission for consideration. The existing right-of-way is proposed for abandonment as part of the development project. Approval is recommend- ed. The caption of Resolution No. 67-88 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PARCEL OF LAND LYING IN SECTIONS 13 AND 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST; SAID PARCEL BEING DESCRIBED FOR THE PURPOSE OF ABANDONMENT OF A PORTION OF FOREST ROAD, AS RECORDED IN OFFICIAL RECORD BOOK 1181, PAGES 552 AND 553, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 67-88 is on file in the official Resolution Book) -14- 10/25/88 331 34. Resolution No. 68-88: Resolution No. 68-88, requesting a pro-rata share of the County Emergency Medical Service Surcharge Award Program Funds, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 68-88 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING A PRO-RATA SHARE OF THE COUNTY EMERGENCY MEDICAL SERVICE SURCHARGE AWARD PROGRAM FUNDS. (Copy of Resolution No. 68-88 is on file in the official Resolution Book) 36. Awards of Bids and Contracts: B. Protective Turnout Gear for Fire Department - Municipal Fire Equipment Company - $10,814.80 with funding to come from Accounts 001-2317-522-22.48, 001-2311-522-33.48 and 001-2315-526-33.48. C. Annual Contract for Office Supplies - Approximately $75,000 with funding to come from the different department's operating budgets. Vendors selected for specific items are as follows: Decora Office Furniture Joyce Office Products Barnett's Office Supplies Halsey & Griffith FRC Office Products D. Homewood Boulevard Beautification - Jara Landscaping Company, Inc. (landscaping) - $20,085.26 and Southeastern Irrigation, Inc. (irrigation) - $21,040 with funding to come from Account 333-4141-572-61.15. G. Refill for Carbon Unit No. 24 - Carbon refill for Unit No. 24 at a cost of $48,000 with funding to come from the Utilities Fund. 36.H. Resolution No. 69-88. Resolution No. 69-88 supporting a Countywide Healthcare District, is before the Commission for consider- ation. Approval is recommended. The caption of Resolution No. 69-88 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE CREATION OF THE PALM BEACH COUNTY HEALTH CARE DISTRICT AND URGING CITIZENS TO VOTE IN FAVOR OF THE CREATION OF THIS DISTRICT. (Copy of Resolution No. 69-88 is on file in the official Resolution Book) Ms. Horenburger moved for approval of the Consent Agenda, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Ms. McCarty returned to the Commission Chambers at this time. 37.A.1. Ms. Brainerd questioned how the proposal for City Boards, Commission and Committee training programs is proceeding. The Assistant City Manager stated he had no information on this but would see that she received an answer. 37.A.2. Ms. Brainerd stated a letter received from Christopher F. O'Hare, Landscape Architect, was a scathing overview relative to the horticulture in the City and she is wondering if there is any comment from the City Manager's office. Frank Spence advised it is under investigation. -15- 10/25/88 332 37.A.3. Ms. Horenburger expressed concern with regard to the pruning of the trees in front of City Hall. 37.A.4. Ms. Horenburger questioned if or when the City will get posses- sion of the grocery store property at S.W. 10th Street and Germantown Road. The City Attorney stated the property owners are contesting the forfeiture in Federal Court. To his knowledge, no hearing has been scheduled. The defendants are taking a tact there was some sort of conspiracy involved. Upon question as to the success of the challenge, the City Attorney advised they are generally not successful, provided there is sufficient proof that that was an instrument by which a crimi- nal act was committed to cause the forfeiture. It is his understanding they have a good case to go to the forfeiture of a substantial propor- tion of the properties and materials involved. How those will be divided between the agencies is yet to be finalized. There will be a decision the Commission can rely on in the spring of this coming year. 37.A.5. Ms. Horenburger stated she attended the County Commission Meeting on the Five-Year Road Plan today and the Commissioners basically passed on it. She spoke to members of the staff after the meeting with regard to the City's concerns about Lake Ida Road between Congress and Swinton Avenues, along with Germantown Road between 10th Street and Linton Boulevard. The design is scheduled for this coming fiscal year, the right-of-way acquisition for the following year and construction the year after. She feels, with the School Board going ahead with their commitments and the problems on Germantown Road, this is too long to wait. She suggested, with consensus of the Commission, this might be moved forward by taking funds that are loose in the program to do the design work and then acquiring the right-of-way very quickly. Mayor Campbell stated it will be on the workshop next Tuesday. 37.A.6. Ms. Horenburger stated she spoke with the Boynton Beach City Manager and two Commissioners and they have no problem with turning over the roadway at the north end of Swinton Avenue. 37.A.7. Mr. Weatherspoon stated he would like to thank all the employ- ees and the department heads for being successful in their safety efforts during the past three years to reduce the loss ratio from 95.27% down to 29o58%, representing many dollars saved for the City. 37.A.8. Mr. Weatherspoon requested the Assistant City Manager to assist in directing the American Legion in their efforts to hold a carnival in November. 37.A.9. Mr. Weatherspoon reiterated his request for the installation of permanent voter registration signs. The Assistant City Manager stated he would personally take a tour and make sure the signs are in place. 37.A.10. Ms. Brainerd stated it looks as though there is an opportunity to put the Tri-County Rail Stop at the old Delray Beach Train Station and she applauds the City Manager in trying to pursue that option and also the access for Depot Road on Atlantic Avenue. Mayor Campbell stated he will be meeting with Gerald Church on a plan this week and hopes to have this on the Workshop on Tuesday. 37.B. The City Attorney advised that the City now owns an undivided one-half interest in the Scrub Land, making this the first Wilderness Island to be purchased in the County. Work has begun to develop the Nature Trails, the Resource Center and the Nature Center. 37.C. There were no comments or inquiries on non-agenda items from the Assistant City Manager. Mayor Campbell declared the meeting adjourned at 9:20 P.M. - ~ Cit~ Clerk -16- 10/25/88 333 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 October 25, 1988, which minutes were formally approved and adopted by the City Commission on~.,~ /~/~ . NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -17- 10/25/88