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09-13-88 SEPTEMBER 13, 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 7:00 P.M., Tuesday, September 13, 1988. 1. Roll call showed: Present - Commissioner Patricia Brainerd Commissioner Marie Horenburger (Arrived 7:11 P.M.) Commissioner Mary McCarty (Arrived 7:05 P.M.) Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell 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 John ~adl~ck, Church of the Nazarene. ~ 3. The Pledge of Allegiance to the flag of the United States of America was given. 4.A.1. Mayor Campbell presented a proclamation proclaiming October 2-8, 1988, as "Mental Illness Awareness Week". 4.A.2. Mayor Campbell presented a proclamation proclaiming the Sunday before Thanksgiving as "Humanitarian Day". 4.A.3. Mayor Campbell presented a proclamation proclaiming November 20-27, 1988, as "National Bible Week". 4.B. Presentation - 1989 World Rowing Marathon. Joe Weldon, Direc- tor of Parks and Recreation, presented a videotape outlining the Rowing Marathon. He stated that on January 9th through the 14th, the World Rowing Championships will be held on the Intracoastal from North Palm Beach to Miami. The sponsors hope to use Delray Beach as a staging site the second day of the race. He is here tonight to ask for Commission approval to go ahead and work out an agreement where they can work with the sponsors on staging this race on the Intracoastal. They are not asking for any money; however, there may be some staff time involved. The Commission concurred that they had no problem with Mr. Weldon working out an agreement. 4.C. Discussion, .City .Manager's Performance Evaluation. Mayor Campbell stated that they have received some criticisms as to the way that this matter has finally come to them and he would like to apologize to the public. Ms. Brainerd stated that over the past few weeks it was brought to her attention that there had been some spending irregularities within the City. As an elected official, she was forced to look into the situation and act upon what she saw. Yesterday, she had a meeting with the City Attorney and the City Manager to pursue these irregularities. Upon investigation, the City Manager agreed that some of the things he did were not right and assured her that these mistakes will not happen again. Therefore, it is her recommendation to the Commission that they do two things: (1) establish fair, measurable performance criteria and a job description for the City Manager and (2) work with him and measure his performance against that criteria on a regular basis. By following these guidelines, she feels they will avoid similar problems in the future. Ms. Brainerd requested that Pat Bidol come forward and give them an executive summary of the report she was directed to perform for the Commission by Mercer Slavin. 235 Dr. Pat Bidol, 7959 Little Lane, Boca Raton, stated she would like to give the assumptions and major findings of her report so that the public can understand the dynamics which went into preparing it. She stated she felt the Commission had legitimate concerns which, under their statutory requirements, they were required to examine in greater depth and she believes it would have been helpful if these had been examined earlier in the Sunshine. She also feels that the staff has not been able to effectively work under the current conditions up until now; however, she believes there is hope that they can work in the future. Dr. Bidol outlined her report further and stated that it is essential that the top managers and the City Manager are able to trust and work with each other. She believes that a strong City Manager and Commission can come out of this situation. Ms. Horenburger stated this has been a very difficult time for the City of Delray Beach. They have found themselves in conflict created by unmet expectations and errors of commission as well as omission. As a believer in the infinite capabilities of human beings to overcome their difficulties if they are willing to make a true commit- ment to resolve the problems they face, she will support every effort this Commission makes toward that resolution. They need to give the City Manager a period of time and the opportunity to work with them. now that there is a clear picture of what brought them to this point. ~ Her concern is about what is right for the City, not who is right. ~ She would support a 30, 60 or 90 day period in which they should establish job description performance standards for the City Manager, further evaluate the problems with professional assistance and see if they cannot establish a balance. Mr. Weatherspoon stated that he feels overall the City Manager has done an excellent job; however, some of the concerns were far more reaching than the reorganization problem. He is willing to give the City Manager, staff and the Commission some time in order to sort things out. Ms. McCarty questioned Dr. Bidol on the methods and criteria she used in preparing her report and Dr. Bidol responded that she followed the protocol of what would be most fair and equitable. She interviewed the City Manager and key staff, examined key documents and received much information. She also did a content issues analysis of all of the clippings which had been written about the situation. Upon question by Ms. McCarty at what point the fee and Dr. Bidol's services were discussed and voted upon, Mayor Campbell stated they did discuss this at a meeting and he told the City Manager that Mr. Mercer indicated that Dr. Bidol would be coming in. Ms. McCarty stated the minutes from that meeting were very explicit and indicated that no additional fees were to be paid. There was also no mention of a psy- chologist or outside fees. Ms. McCarty read a prepared statement at this time. Ms. McCarty moved that the Commission go on record with a formal apology and vote of confidence and allow the City Manager to get on with what he does best. Said motion FAILED for lack of a second. The City Manager stated when he was hired in December and started working in January it was clear that the Commission wanted a results-oriented person and someone who carried with them a strong personality. He believes this is what he tried to do and in fulfilling that role it appears that he has had the impact of being dehumanizing. The necessary thing which has resulted is the need to establish identi- fiable goals and objectives. He stated if mistakes have been made they have been mistakes of enthusiasm. He urged that they do address the issues about the Commission's expectations of his role so that they can continue to have the good relationship they have had in the past. The following persons came forward and spoke in support of the City Manager: Chris Wotten, Leonard Johnson, Paul Steele, Don Doornbos, Alfred Straghn, Charles Smith, Clay Wideman, Angie Anderson, Mary Lou Jamieson, Tom Haenlon, Bill Hazzard, David Tyson, Dan Burns and Richard Barnes. -2- .9/13/88 236 Mayor Campbell stated he would like to thank Dr. Bidol for her report as it did hit to the very essence of the problem which the Commissioners have been facing for weeks. He stated there was not one thing done, at least by him, which was not done out of the most sincere conviction. This is not the first or last time this is going to.happen. He is going to pledge to work with the City Manager as he recognizes some of the faults have been his and some have been the City Manager's. The point now is not to dwell on the faults, but to look to the future. When he placed this on the agenda tonight he did not expect that they would go to any formal vote of indictment or vindication. He gathers that Ms. McCarty's motion is intended to help the City Manager save face and they are not supposed to do that. He would urge that she withdraw her motion if it was her intent to make the Commissioners wrong for trying to fulfill their constitutional rights. Ms. McCarty stated she feels it is essential for the City Manager in order to continue, that they show him that he has their confidence. In order to go forward tonight, she will not withdraw her motion. Mayor Campbell declared a recess the time being 8:41 P.M. The meeting was reconvened at 8:52 P.M. PUBLIC HEARING - ENCLAVE ORDINANCES I 5. Ordinance No. 70-88. Ordinance No. 70-88, annexing Enclave 43; located in the Tropic Isle Subdivision off McCleary Street owned by the Florida Inland Navigation District (FIND), 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 City Manager presented Ordinance No. 70-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 28, 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 ON THE WEST SIDE OF THE INTRACOASTAL WATERWAY, BETWEEN LINTON BOULEVARD AND McCLEARY STREET; 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 R-1AA (SINGLE F~ILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 70-88 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. Bill Murtha stated that, on behalf of the people who are in litigation, he objects to this annexation as the Court has not decided on the validity of the Enclave Act. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 70-88 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. 6. Ordinance No. 72-88. Ordinance No. 72-88, annexing Enclave 45, '~cated on the east side of South Federal Highway, a portion of the Delray Beach Toyota Automobile Dealership, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of -3- 9/13/88 237 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. 72-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1 THROUGH 6, INCLUSIVE (LESS ROAD RIGHT-OF-WAY), LOTS 7 THROUGH 13, INCLUSIVE, AND ABANDONED AVENUE "A" LYING SOUTH OF AND ADJACENT TO LOTS 6 THROUGH 12, INCLUSIVE, BLOCK 38, DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 9, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID L~ND IS LOCATED AT THE NORTHEAST CORNER OF U.S. HIGHWAY NO. 1 AND AVENUE "A"; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO SC (SPECIALIZED COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 72-88 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. Mr. Weatherspoon moved for the adoption of Ordinance No. 72-88 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. PROCEDURAL ITEMS 7.a.1. Helen Coopersmith, Executive Director of the Progressive Residents of Delray (PROD), stated that the Commission has been fur- niShed a memorandum from PROD regarding the Limited Commercial zoning district. She read the memorandum for the record. She stated they would appreciate it if the Commission would provide a directive to the Planning Department to rewrite the LC zoning with some input from the citizenry. It has been proven that the scope of this zoning ordinance is far too wide encompassing all commercial uses without limitation. 7.a.2. Francis Bourque stated' she would like to recommend that the Commission send two representatives of the City to the National Trust in Cincinnati in October; one staff member and one from the Preservation Board. 7.b.1. Mr. Weatherspoon stated that in the City Manager's report he inquired whether or not they were part of the South County Council of Government. He advised that they are part of that organization and pay an annual fee. 7.b.2. Mr. Weatherspoon stated, with regard to the request to raise the fees at the Golf Course, that he feels it is fine to do this as long as they put something in for the Capital Improvements. The City Manager advised this will be on next week's workshop agenda. 7.b.3. Mr. Weatherspoon stated that several times he has brought up the lack of proper maintenance at the Carver Middle School field. He would like staff to work something out with the School Board as they have lost a lot of the good sod due to lack of maintenance. 7.b.4. Ms. Horenburger stated it has come to her attention that they have a problem with the administrative fee structure presented to the City by Florence Fuller. They need to take a closer look, ask for the -4- 9/13/88 238 full budget and make sure they are paying for what they are getting. She also feels the City should look at becoming their own provider and establishing the same kind of thing in Delray Beach. She requested that they get the information and workshop this. 7.b.5. Ms. Horenburger questioned if they have heard from DOT on the beautification. The City Attorney advised they have not heard from them yet. 7.b.6. Ms. Horenburger stated the scrub was approved today. She would like to thank staff for their last minute letter stating that the City had no history of environmental problems on the site. This was a major factor in Palm Beach County's consideration. 7.b.7. Ms. McCarty stated they received a memo from'Patricia Healy, Chairman of the Historic Preservation Board, regarding nostalgic signs and the fact that they have deemed that this is not in their jurisdic- tion. Alice Finst made the suggestion that perhaps the Commission should appoint a short term task force to review all signage pre 1965. Mayor Campbell suggested that Mrs. Finst get a few people together as a defacto committee and make a recommendation to the Commis- sion. The City Manager stated that he will have the Development Services staff contact the chairpersons of the Historic Preservation Board, Community Appearance Board and a Commissioner to identify what the issues and problems are. They can then come back with a workshop recommendation. 7.b.8. Ms. McCarty stated, with regard to a memorandum from the City Attorney's Office, that the City Attorney alluded to working with the Risk Management Director regarding matters about outside events, how they are contracted for and set up. She would like to add to the policy statement which he is making that they add inside events, i.e., the definition of a City event and what it is. 7.b.9. Ms. McCarty stated that also on the same memorandum the City Attorney stated that he will be bringing another policy matter to the Commission regarding individual Commissioners requiring work of staff. She questioned how long this will take. The City Attorney stated it should be within the next month. 7.b.10. Ms. McCarty stated she has received a few letters from citizens who are concerned with the Swinton Avenue rewidening. They have re- quested that the Commission reconsider its position and she questioned if they could place this on a workshop so that members of the community can talk to them. It was the consensus of the Commission to place this on the September 20th workshop. 7.b.ll. Ms. McCarty stated that in the City Manager's report there were 12 items which he intends to bring to a workshop. She would like to know which ones are coming up and which ones are not. 7.b.12. Ms. Brainerd stated it was suggested to her that they consider waiving their sign ordinances for the merchants on Atlantic Avenue who are affected by the construction. Mayor Campbell stated he feels it would be appropriate for them to make some kind of adjustment. They should first ask staff if they have some recommendations in equity which would solve this and they could then come back to the Commission. 7.b.13. Ms. Brainerd questioned if the City Attorney has received a response to the dossier of memos, the latest dated August 29th, from his office to Martin O'Shea regarding the Matt Gracey lot matter. The City Attorney advised he has not. Martin O'Shea, Chief Building Official, advised he has an appointment tomorrow to see Matt Gracey on this item. -5- .9/13/88 239 7.b.14. Ms. Brainerd Stated, with regard to the News for Neighborhoods newsletter, that they have a four page document and that is not what she had in mind. She would like to see them reducing it somehow to get it to a single page document, perhaps double-sided. Ms. Horenburger and Ms. Brainerd left the Commission Chambers at this time. 7.b.15. Mayor Campbell stated they are going to be having a Municipal League Meeting and this Commission has already taken a stand regarding the two proposed Charter amendments. It is his understanding that they may be coming in a more amended form. The position taken was that they would oppose the Charter amendments which merely transferred the power. If he has the consensus of the Commission, they would still maintain that position of any Charter amendment, except that if they move in the direction of recognizing the necessity of utilizing impact fees in meeting the County budgetary needs, that there would be an opportunity to possibly vote for a compromise position. The Commission concurred. 7.c.1. The City Attorney stated he has received a request to move Item 25 as the representative has a plane to catch tonight. 7.d.1. The City Manager stated he has received a request from~ Pat Healy from the Historic Preservation Board to attend a seminar in Tampa. The cost will only be $300 or $400; however, he is not sure ofI the Commission's direction regarding training and education for non- employees. Mayor Campbell stated they have sent people in the past. The Commission concurred they have no problem sending a Board member to the meeting. 7.d.2. The City Manager stated, with regard to the engineering bids they received for continuing engineering services, that one firm was an hour late in their bid submittal and one was a day late. Since the City has delayed this matter for so long, and will not be doing the inter- views until Monday, he is recommending that the Commission waive that technical defect in their bid. Frank Spence, Interim Director of Development Services, stated they are really letters of interest for professional services on ongoing consulting engineering work. The City Attorney advised this item will need to be added to the agenda to formally vote on this. 7.d.3o The City Manager stated next week's workshop agenda will include the CRA's plan for Atlantic Avenue, west of Swinton Avenue, the recycling proposal, the golf course rates, the fluoridation of the City's drinking water and water and sewer extension policy. They can also do some staff work on the Swinton Avenue scenic area. Ms. McCarty stated she would like to invite Randy Whitfield from the MPO to come down and let the Commission know what they are planning for their revision of the 2010 plan. The other items mentioned in his report have no schedule as yet. 7.d.4. The City Manager advised they will be having an Executive Session on Monday at 5:30 P.M., for union negotiations. Ms. Horenburger and Ms. Brainerd returned to the Commission Chambers at this time. 8. Mr. Weatherspoon requested that Items 36.J. & 36.L. be removed from the Consent Agenda and placed on the Regular Agenda. Mr. Weatherspoon moved to approve the agenda moving Item 25 to prior to Item 10, consider an emergency resolution approving the pro- posed resolution from Old School Square to be signed by the City, that they waive the bid procedure as outlined by the City Manager, and moving Items 36.J. & 36.L. to the beginning of the Regular Agenda, 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. -6- 9/13/88 24O Mayor Campbell clarified that the Old School Square resolution and the waiver of the bid procedure are to be placed on the Consent Agenda. 9. Mr. Weatherspoon moved to approve the minutes of the Special Meetings of August 16, 1988 and August. 18, 1988, 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. REGULAR AGENDA 25. City of Delray Beach vs Booi Services. The CommiSsion is to consider settlement discussions relative to Marina Delray. The City Attorney stated the reason this is on the agenda is that in fact it is not necessarily yet a settlement. They are still pursuing the lawsuit they have against Booi Services and have a number of pre-trial things going on. The foreclosure action, when it takes place, will result in the property being foreclosed and a gentleman by the name of David Graham will again become the title holder of~ the property. Mr. Graham has entered into, preliminarily, a contract wi~h a company for a potential new use to be made of the property which Mould have to be reviewed by staff. Basically, they wanted to put this o~ the agenda for direction and to provide some input to Mr. Graham as to the acceptability of the Commission spending any more time on the subject. If they feel it is something worth pursuing they can give staff direc- tion to work on this. If agreed to, it could be a potential method of settling the lawsuit; the hotel, restaurant and bar function would go away and the new retirement use, called retirement/hotel use would take over. David Graham stated the property has outlived its usefulness; not only does it conflict with the existing zoning, it has been a sore point to the Commission. They have entered into an agreement which is contingent upon the successful foreclosure, which w~ll happen sooner or later. Elizabeth Matthews, representing the Beach Property Owners' Association, stated the people in this neighborhood welcome a compatible use and, if the Commission feels it appropriate to put an ACLF there, they will get a lot of blessings from the neighbors. Mayor Campbell requested that in any actions being done, that Mr. Graham makes the promise to work very diligently with the City in addressing some of the past abuses with regard to the abandoned auto- mobiles, weeds, noise, etc., to try and be a good neighbor. Upon question by Ms. Horenburger, the City Attorney advised the conditional use would have to be reviewed by staff. It cannot go forward until Mr. Graham is able to get the foreclosure; however, that does not mean the City cannot begin reviewing it in advance and working it out so that it is ready to go. ENCLAVE ORDINANCES - FIRST READING (NO PUBLIC HEARING) 10. Ordinance No. 111-88. Ordinance No. 111-88, annexing Enclave No. 1 located immediately west of Seacrest Boulevard between Gulfstream Boulevard on the north and N.E. 22nd Street .on the South, is before the -Commission for consideration on First Reading. If passed, Public Hearing will be held October llth. The City Manager presented Ordinance No. 111-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 4, IN PART, AND SECTION 5, IN PART, 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 ON THE WEST SIDE OF SEACREST BOULEVARD, BETWEEN -7- 9/13/88 241 GULFSTREAM BOULEVARD ON THE NORTH AND N.W. 22ND STREET (PINERIDGE ROAD) ON THE SOUTH; 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 R-1AA (SINGLE FAMILY DWELLING) DIS- TRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Insrid Eckler, 2750 Seacrest Boulevard, stated that the people who are annexed are not liable for the bonded indebtedness of the City. She asked that the Commission give consideration to this. Charlie Hill, Bonnieview Road, stated he would like some clarification of a statement in Mayor Campbell's letter of April 21, 1986, which stated that there would be a one time charge of $250 for sewer hookup. This was supposed to be spread out over a five year period, at a monthly cost of $4.16. He has a copy of a letter dated September 1, 1988, which states that the City requires payment of connection fees in full at the time of connection; there are no arrange- ments for payment of these fees over time. He questioned which letter is correct. Mayor Campbell stated he believes just recently they conf~rmed that there would be an amortization period for the cost of the hookups. Linda Oxford, 148 Coconut Road, stated it is her understanding that the sewer connection cost will increase October 1st from $250 to $850. She contacted the sewer department to ascertain whether or not she could pay the fee prior to October 1st and was told she could not as sewer lines were not available to her property. In her opinion, this does not seem fair and equitable. She personally, is not opposed to annexation; however, she is opposed to the implementation the City has taken. She would appreciate it if the Commission would reconsider the increase of the fees until they have completed all the annexation procedures and each individual has had ample time to connect to the services. Ms. Horenburger moved for the adoption of Ordinance No. 111-88 on First 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. 11. Ordinance No. 112-88. Ordinance No. 112-88, annexing Enclave No. 3 located immediately south of Gulfstream Boulevard between Seacrest Boulevard and the Florida East Coast Railroad, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held October llth. The City Manager presented Ordinance No. 112-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 4, 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 ON THE SOUTH SIDE OF GULF- STREAM BOULEVARD, BETWEEN SEACREST BOULEVARD AND THE FLORIDA EAST COAST RAILROAD; 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 MIC (MIXED INDUSTRIAL AND COMMERCIAL) DIS- TRICT, IN PART, RH (MEDIUM HIGH TO HIGH DENSITY DWELLING) DISTRICT, IN PART, R-1AA (SINGLE FAMILY DWELLING) DIS- TRICT, IN PART, AND R-1A-C (SINGLE FAMILY/DUPLEX DWELL- ING) 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. -8- 9/13/88 212 Ms. Horenburger moved for the adoption of Ordinance No. 112-88 on First 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. 12. Ordinance No. 113-88. Ordinance No. 113-88, annexing Enclave No. 22 located immediately south of Lake Ida Road between Roosevelt Avenue and N.W. 10th Avenue, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held October llth. The City Manager presented Ordinance No. 113-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 8, 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 ON THE SOUTH SIDE OF LAKE IDA ROAD, BETWEEN ROOSEVELT AVENUE AND N.W. 8TH AVENUE; 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 R-lA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER 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. 113-88 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. Ms. Horenburger left the Commission Chambers at this time. 13. Ordinance No. 114-88. Ordinance No. 114-88, annexing Enclave No'. 23 located immediately south of Lake Ida Road between N.W. 10th Avenue and N.W. 8th Avenue, adjacent to S.D. Spady School, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held October llth. The City Manager presented Ordinance No.'114-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 8, 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 ON THE SOUTH SIDE OF LAKE IDA ROAD, BETWEEN ROOSEVELT AVENUE AND N.W. 8TH AVENUE; 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 R-lA (SINGLE FAMILY DWELLING) DISTRICT; 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. 114-88 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. 14. Ordinance No. 115-88. Ordinance No. 115-88, annexing Enclave No. 34 located immediately west of Dixie Highway, and north of Linton Boulevard, on both sides of S.W. 4th Avenue, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held October llth. -9- 9/13/88 243 The City Manager presented Ordinance No. 115-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 20, 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 IMMEDIATELY WEST OF DIXIE HIGHWAY, AND NORTH OF LINTON BOULEVARD, ON BOTH SIDES OF S.W. 4TH AVENUE; 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 R-lA (SINGLE FAMILY DWELLING) DISTRICT, IN PART, RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, IN PART, LI (LIGHT INDUSTRIAL) DISTRICT, IN PART, AND GC (GENERAL COMMERCIAL) 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. Mr. Weatherspoon moved for the adoption of Ordinance No. 1~5-88 on First Reading, seconded by Ms. Brainerd. Upon roll call the Co~mis- 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. Horenburger returned to the Commission Chambers at this time. 15. Ordinance No. 116-88. Ordinance No. 116-88, annexing Enclave No. 65 located immediately north of West Atlantic Avenue between Dover Road and Homewood Boulevard, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held October llth. The City Manager presented Ordinance No. 116-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 18, 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 ON THE NORTH SIDE OF WEST ATLANTIC AVENUE, BETWEEN DOVER ROAD AND HOMEWOOD BOULE- VARD; 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 ART (AGRICULTURAL RESIDENTIAL TRANSITIONAL) DISTRICT; PROVID- ING A GENERAL REPEALER 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. 116-88 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. 16. Ordinance No. 117-88. Ordinance No. 117-88, annexing Enclave No. 68 located to the east and west of Rabbit Hollow Drive, extending north and south of Germantown Road, west of Congress, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held October llth. The City Manager presented Ordinance No. 117-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID -10- 9/13/88 CITY; SAID LAND IS LOCATED TO THE EAST AND WEST OF RABBIT HOLLOW DRIVE, EXTENDING NORTH AND SOUTH OF GERMANTOWN 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 ART (AGRICULTURAL RESIDENTIAL TRANSITIONAL) DISTRICT; PROVID- ING A GENERAL REPEALER 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. 117-88 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. FIRST READINGS 17. Ordinance No. 109-88. Ordinance No. 109-88, amending Chapter 174, "Historic Preservation" of the Code of Ordinances, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 27th. ~ The City Manager presented Ordinance No. 109-88: ~ 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 BEACH, FLORIDA, BY AMENDING "GENERAL PROVISIONS", SECTION 174.01, "PURPOSE", SUBSECTION 174.01(A) (15), TO PROVIDE A CORRECTED REFERENCE TO THE FLORIDA STATUTE CONCERNING HISTORIC SITES; BY AMENDING "GENERAL PROVISIONS", SECTION 174.02, "DEFINITIONS", TO PROVIDE FOR A DEFINITION OF "APPURTENANCES" , AND "ARCHITECTURAL FEATURES" , AND TO PROVIDE FOR THE ALPHABETIC INCLUSION THEREOF, AND TO AMEND THE DEFINITION OF "DEMOLITION", "LANDSCAPE FEA- TURE'', AND "UNDUE ECONOMIC HARDSHIP"; BY REPEALING "CRITERIA FOR HISTORIC SITE OR DISTRICT", SECTION 174.10, "RELATIONSHIP OF ZONING DISTRICTS"; BY ENACTING A NEW SECTION 174.10, "DESIGNATION CRITERIA", TO PROVIDE CRITERIA FOR THE DESIGNATION OF HISTORIC SITES AND HISTORIC DISTRICTS; BY REPEALING "CRITERIA FOR HISTORIC DISTRICT", SECTION 174.12, "PRESERVATION STANDARDS"; BY REPEALING "CRITERIA FOR HISTORIC DISTRICT" , . SECTION 174.12, "DEVELOPMENT STANDARDS "; BY AMENDING "DESIGNATION PROCEDURES", SECTION 174.20, "NOMINATION", SUBSECTIONS 174.20(A), 174.20(B), AND SUBSECTION 174.20(B) (1) TO PROVIDE FOR THE NOMINATION OF HISTORIC INTERIORS; BY REPEALING "DESIGNATION PROCEDURES", SECTION 174.23, "LOCAL REGISTER OF HISTORICAL PLACES", SUBSECTION 174.23(D) AND SUBSECTION 174.23(E); BY REPEALING "CERTI- FICATE OF APPROPRIATENESS", SECTION 174.30, "BASIC REQUIREMENT"; BY ENACTING A NEW SECTION 174.30, "BASIC REQUIREMENTS", TO PROVIDE FOR A REORGANIZATION OF THE BASIC REQUIREMENTS; BY REPEALING "CERTIFICATE OF AP- PROPRIATENESS'', SECTION 174.31, "REVIEW GUIDELINES'; BY ENACTING A NEW SECTION 174.31, "REVIEW GUIDELINES"; TO PROVIDE FOR A REORGANIZATION OF THE REVIEW GUIDELINES; BY AMENDING "CERTIFICATE OF APPROPRIATENESS", SECTION 174.32, "INITIATION AND PROCEDURES", SUBSECTIONS 174.32 (A) (3), 174.32 (B), 174.32(D), AND 174.32 (E), TO PROVIDE FOR APPROPRIATE SUBMISSION TIMES OF APPLICATIONS AND ACTION BY THE BOARD; BY REPEALING "CERTIFICATE OF APPROPRIATENESS", SECTION 174.33, "DEMOLITION"; BY ENACTING A NEW SECTION 174.33, "DEMOLITION", TO PROVIDE FOR THE REORGANIZATION OF SAID SECTION; BY AMENDING "HISTORIC PRESERVATION BOARD", SECTION 174.40, "CREATION; COMPOSITION", SUBSECTION 174.40(B), TO PROVIDE THAT MEMBERS OF THE BOARD SHALL BE CITY RESIDENTS AND/OR TO HAVE THEIR PRINCIPAL PLACE OF BUSINESS IN THE CITY; BY AMENDING "HISTORIC PRESERVATION BOARD", SECTION 174.40, -11- 9/13/88 245 "CREATION; COMPOSITION", SUBSECTION 174.40(C), TO PROVIDE FOR ADVERTISING OF VACANCIES ACCORDING TO CITY POLICY; BY REPEALING, "HISTORIC PRESERVATION BOARD", SECTION 174.43, "POWERS AND DUTIES", SUBSECTION 174.43(F); BY ENACTING A NEW SUBSECTION 174.43(F), TO PROVIDE THAT THE HISTORIC PRESERVATION BOARD SHALL ACT IN LIEU OF THE BOARD OF ADJUSTMENT; BY REPEALING, "ADMINISTRATION AND ENFORCE- MENT'', SECTIONS 174.50, "VARIANCES", 174.51, "AMENDMENTS TO DESIGNATIONS" , 174 . 52, "MAINTENANCE AND REPAIR" , 174.53, "UNSAFE STRUCTURES", 174.54, "EMERGENCIES", 174.55, "INSPECTIONS", 174.56, "UNDUE ECONOMIC HARDSHIP"; BY ENACTING A NEW PROVISION, "ADMINISTRATION AND ENFORCE- MENT'', SECTION 174.50, "EMERGENCIES", TO PROVIDE FOR SPECIAL MEETINGS IN THE EVENT OF AN EMERGENCY; BY ENACT- ING A NEW SECTION 174.51, "INSPECTIONS", TO PROVIDE FOR INSPECTIONS BY APPROPRIATE CITY DEPARTMENTS; BY ENACTING A NEW SECTION 174.52, "BUILDING CODES ENFORCEMENT", TO PROVIDE GUIDANCE TO THE CHIEF BUILDING OFFICIAL CONCERN- ING THE ENFORCEMENT OF STANDARD BUILDING CODES; BY ENACTING A NEW SECTION 174.53, "UNDUE ECONOMIC HARDSHIP", TO PROVIDE CLARIFICATION OF THE PROCESSES USED TO DETER- MINE UNDUE ECONOMIC HARDSHIP; BY ENACTING A NEW SECTION 174.54, "VARIANCES", TO PROVIDE GUIDELINES FOR THE GRANTING OF VARIANCES; BY REPEALING "ADMINISTRATION AND ENFORCEMENT", SECTION 174.99, "PENALTY"; BY ENACTING A NEW SECTION 174.99, "PENALTY" TO PROVIDE CLARIFICATION OF THE JURISDICTION OF THE CODE ENFORCEMENT BOARD TO HEAR VIOLATIONS OF THIS CHAPTER; PROVIDING A GENERAL 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. 109-88 on First Reading, seconded by Ms. McCarty. Ms. Brainerd stated it was suggested to her by a member of the Board to add the language that the present and proposed use of the property should be added to the Certificate of Appropriateness. The City Attorney advised that could be included in the ordinance before they adopt it on First Reading. The City Manager stated that the ordinance indicates that any person or persons who are aggrieved by any decision of the Board con- cerning variances may seek review by a Court of record. Staff would like the Commission to consider whether or not it may be more appropri- ate to have the appeal of a variance to come from the Board to the Commission first. Following discussion, it was the consensus of the Commission that they would like adverse decisions to come to them before a Court of record. The City Attorney advised he will incorporate the two changes between first and second reading; he has no problem with the Commission adopting the ordinance on first reading. Ms. Horenburger made a substitute motion to adopt Ordinance No. 109-88 on First Reading with the changes suggested to be incorporated between first and second 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. 18. Ordinance No. 110-88. Ordinance No. 110-88, amending Title 3, Chapter 37, "Administration" of the Code of Ordinances relative to landlord permits, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 27th. The City Manager presented Ordinance No. 110-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 3, "ADMINISTRATION", CHAPTER 37, "DELRAY BEACH CODE ENFORCEMENT", SECTION -12- 9/13/88 246 37.02, "ENFORCEMENT OF CERTAIN CODES AUTHORIZED", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBSECTION (K) TO PROVIDE DELRAY BEACH CODE ENFORCEMENT BOARD WITH JURISDICTION OF VIOLATIONS OF CHAPTER 117 DEALING WITH LANDLORD PERMITS; PROVIDING 'A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 110-88 on First Reading, seconded by Ms. McCarty. 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. 118-88. Ordinance No. 118-88, amending Chapter 51 "Garbage and Trash" of the Code of Ordinances relative to increasing fees, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 27th. The City Manager presented Ordinance No. 118-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "RATES AND CHARGES", "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED GARBAGE AND TRASH SERVICE CHARGES AND FEES; PROVIDING A GENERAL REPEALER 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. 118-88 on First Reading, seconded by Ms. McCarty. 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. REGULAR AGENDA 36.J. Award of Contract - Saline Monitoring Well Construction. The Commission is to consider the award of a contract for saline monitoring well construction - CH2M Hill - $30,600 with funding to come from Account 339-5162-536-60.41. Mr. Weatherspoon questioned if this is an EPA requirement, and if not, what the value is of doing it. Robert Pontek, Director of Public Utilities, advised that a handful of the City's wells are limited production; from 8 million gallons authorized down to only 3 million gallons. The additional four monitoring wells will enable the City to recapture some of the capacity and turn it back into productive use. They are salt water monitoring wells which will lie between the Intracoastal and the production wells. Mr. Weatherspoon moved to approve the expenditure of $30,600 for saline monitoring well construction, 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. 36.L. Award of Contract - Protective Turnout Gear and Helmets. The Commission is to consider the award of a contract for protective turnout gear and helmets - $36,566 with funding to come from Accounts 001-2315-526-33.48 and 001-2311-522-33.48. Municipal Equipment Co. $28,995.00 (Turnout Gear) Safety Equipment Co. 7,571.00 (Helmets) -13- 9/13/88 247 Upon question by Mr. Weatherspoon, Chief Koen advised this contract is for the firefighting protective clothing ensemble. Mr. Weatherspoon moved to approve $36,566 for protective turnout gear and helmets, 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. 20. Annexation of Enclave No. 52 (Ordinance No. 94-88). The Commission is to consider postponing indefinitely and return to Planning and Zoning Board. Ms. Horenburger moved to postpone Ordinance No. 94~88 indefi- nitely and return it to the Planning and Zoning Board, 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. 21. Replacement of Settled Manhole - Hamlet Drive. The Commission is to consider authorizing repair of manhole by Solo Construction Corporation in the amount of $14,850 with funding to come from AcQount 337-5163-636-60.73. Mr. Weatherspoon moved to authorize repair of the manhole by Solo Construction Corporation in the amount of $14,850, 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. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Weatherspoon took the chair. 22. Atlantic Avenue Beautification Project. The Commission is to consider authorizing signs and logo for Atlantic Avenue. Ian Nestler, Sasaki & Associates, presented a revised version of the signage for Atlantic Avenue. It is his understanding that the entry sign to the Avenue has been eliminated from the project and that street regulatory signs, etc., would be included with the completion of the project. This has been proposed and approved by the Community Redevelopment Agency. Ms. Horenburger moved to approve the signs and logo for Atlan- tic Avenue and that they delete the entry signs, 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. 23. Official Community Appearance Board Color Palette. The Commis- sion is to consider acceptance of the approved color palette for admin- istrative use in the CBD. Lula Butler, Director of Community Improvement, stated this palette goes along with the new ordinance change which allows in-house approval of signs in the CBD District. Ms. McCarty moved to accept the approved color palette for the CBD, seconded by Ms. Horenburger. 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. 24. Votin~ Delegate - Annual Congress of Cities. The Commission is to consider the selection of a voting delegate and alternate voting delegate to the National League of Cities Convention, December 3-7, 1988, in Boston, Massachusetts. Ms. Brainerd moved to appoint Jimmy Weatherspoon as the voting delegate, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty -14- 9/13/88 248 - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. Ms. Brainerd moved to appoint Marie Horenburger as the alter- nate voting delegate, 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. 26. Si~na~e Designation for Three Historic Districts. The Commis- sion is to consider recommendation of Historic Preservation Board for signage designations and allocation of funds. Pat Healy, Historic Preservation Board, stated that they will be working with the Engineering Department on the boundaries of the districts. The City Manager advised this will cost $1,100 and they will be able to absorb this within the budget. Ms. Horenburger moved to approve the signage designations for three historic districts and the recommendation of the Historic Pre~ser- vation Board, seconded by Ms. McCarty. Upon roll call the CommiSsion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. Mc0arty - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 ~o 0 vote. 27. Reimbursement of Local Road Impact Fees. The Commission is to consider approval of reimbursement of special "fair share formula" local road impact fees to developers which contributed them. The City Manager advised this item is one which results from an action of several years ago in which the Commission determined they would set up a special fund over and above road impact fees to six lane Congress Avenue. The County is now doing this and the purpose for which the fund was created is no longer valid. Therefore, they believe they should reimburse the people they collected from. Mayor Campbell returned to the Commission Chambers at this time. Ms. Horenburger moved to approve the reimbursement of special "fair share formula" local road impact fees to developers, 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. 28. Historic Preservation Board "This Old Town" Workshop. The Commission is to consider approval of Historic Preservation Workshop. The City Manager advised that the Historic Preservation Board would like to sponsor a workshop in January and they estimate that the underwriting cost would be approximately $1,500. They expect to get much more than that back in the form of registration. Pat Healy advised they are before the Commission to get permis- sion to take the money out of their account and hold the workshop. Ms. Horenburger moved to approve the "This Old Town" workshop, 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. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: -15- -9/13/88 249 29. Final Plat - Chevron U.S.A., Inc. The Commission is to consid- e'~""a request for final plat approval for Chevron, located at the north- west corner of Atlantic and Congress. Approval is recommended. 30. Final Plat - St. Mary's The Virgin Church. The Commission is to consider a request for final plat approval for St. Mary's the Virgin Church, located at the southeast corner of West Atlantic Avenue and Homewood Boulevard. Approval is recommended. 31. Amendment No. 1 to Agreement with Palm Beach County School Board. The Commission is to consider approval of Amendment Nol 1 to Agreement between the City and Palm Beach County School Board regarding transfer of Delray Beach Elementary School. 32. Resolution No. 47-88. Resolution No. 47-88, assessing costs for abatement action required to remove an unsafe building on property at 135 S.W. 2nd Auenue, is before the Commission for consideration. The caption of Resolution No. 47-88 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON 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 ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 47-88 is on file in the official Resolution Book) 33. Resolution No. 48-88. Resolution No. 48-88, assessing costs for ~batement action required to remove an unsafe building on property at 261 S.E. 5th Avenue, is before the Commission for consideration. The caption of Resolution No. 48-88 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165' OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON 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 ACTION; PROVIDING FOR AN~ EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR ~THE MAILING OF NOTICE. (Copy of Resolution No. 48-88 is on file in the official Resolution Book) 34. Resolution No. 49-88. Resolution No. 49-88, assessing costs of '~atement action required to remove an unsafe building on property at 4141 N.W. 2nd Street, is before the Commission for consideration. The caption of Resolution No. 49-88 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON 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 ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST -16- 9/13/88 25O ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 49-88 is on file in the official Resolution Book) 35. Resolution No. 50-88. Resolution No. 50-88, assessing costs for abatement action required to remove an unsafe building on property at 620 N.W. 1st Street, is before the Commission for consideration. The caption of Resolution No~ 50-88 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON 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 ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND. DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 50-88 is on file in the official Resolution Book) 36. Awards of Bids and Contracts. A. Co-op Bids for Police and Fire Uniforms, Annual Contract - Martin-Lamar Uniforms - Police Estimated $30,860 with funding to come from Account 001-2111-33.48; Fire Estimated $14,565 with funding to come from Account 001-2311-522-33.48. B. Phase IV, Barwick Park (to include restrooms and park center, entrance plaza, walkways, signs, etc.) - James A. Bushouse & Associates - $97,522 with funding to come from Account 117-4165-572-60.69. C. Two Monitor/Defibrillators - Physio Control Corporation (Sole Source) - $15,150.80 $7,575.40 to come from Account 001-2315-526-60.89 and $7,575.40 to come from Account 115-0000-248-64.00. D. Annual Contract ~or Electrical Service and Repairs - Russell B. Jennings, Inc. - $12,717.50 with funding to come from various departments - Repair and Upkeep Accounts. E. Ten-Ton Dump Truck - Heintzelman's Truck Center - $25,961.99 with funding to come from Account 441-5161-536- 60.84. Fo Three Year Contract for Cabana and Beach Equipment Rentals - Flamingo Cabanas - $24,120 per year revenue to City. G. Change Order No. 1 - Forcemain #50 Relocation Project - Murray-Logan Contractors, Inc. - $4.,219.23 with funding to come from Account 441-5161-536-60.66. H. Final Payment Request and Reduction of Retainage to Zero for Forcemain #50 - Murray-Logan Contractors, Inc. - $13,749.05 with funding to come from Account 441-5161-536-60.66. I. Revision to Task 2 of Addendum No. 1 - 20 Series Well Field - CH2M Hill - $2,850 with funding to come from Account 339- 5162-536-60.49. K. Chemicals and Fertilizers (Coop Bid 88-87) - $25,121.59 with funding to come from Account 001-4131-572-35.54 - -17- 9/13/88 251 Terra International $12,867.69 LESCO, Inc. 7,228.05 Liquid AG Systems 2,016.90 Malter International 216.00 Southern Mill Creek 2,792.95 37. Emergency Resolution No. 59-88. The Commission is to consider authorizing Old School Square, Inc., as Project Administrator and authorizing Old School Square, Inc., to submit any and all grant appli- cations for funding historical and restorative construction of the Old School Square site (Old Delray Beach Elementary School). 38. Waiver of Bid Procedure for On~o~n~ Consultant Engineering Work. The Commission is to consider waiving the bid procedure for ongoing consultant engineering work. Ms. Horemburger moved to approve the Consent Agenda, as modi- fied, 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. Mayor Campbell declared the meeting adjourned at 10:45 P.M.~ · J - City Cl~rk ~ 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 13, 1988, 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 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. -18- 9/13/88