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05-15-01MAY 15, 2001 A Regular Meeting of the City Commission of the City of Delray Beach, Florida was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, May 15, 2001. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David Schmidt Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2_ Reverend Dan Casselberry with Cason United Methodist Church delivered the opening prayer. o The Pledge of Allegiance to the flag of the United States of America was given. o AGENDA APPROVAL Mayor Schmidt noted the addition of Item 6.C., Proclaiming May 19, 2001 as American Little League Day. Mayor Schmidt requested that Item 8.C., Accept a Right-of-Way Deed & Landscape Maintenance Agreement/Elizabeth's On 7th Restaurant be pulled off the Consent Agenda and moved to the Regular Agenda as Item 9.A.A. because he has a conflict with this item (a copy is attached hereto and incorporated herein as an official part of the minutes). In addition, Mayor Schmidt asked the Commission to consider moving up Item 12.A., Ordinance No. 34-01 (First Reading) to the Regular Agenda as Item 9.A.A.A. With regard to automatic renewals for service contracts, Mr. Levinson inquired whether or not the City has a tracking system so we do not end up missing the dates of triggering termination if the City chooses to do so. Mr. Perlman requested that Item 8.D. Consulting Service Agreement/Mark Briggs & Associates be pulled from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A.A.A. Mr. Perlman moved to approve the Agenda as amended, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - 05/15/01 Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. APPROVAL OF MINUTES: Mr. Perlman moved to approve the Minutes of the Regular Meeting of April 3, 2001, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Mr. Perlman moved to approve the Minutes of the Special Meeting of May 8, 2001, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. o PROCLAMATIONS: 6oAo Proclaim May 2001 as Civility Month Mayor Schmidt presented a proclamation proclaiming the month of May 2001 as Civility Month in Delray Beach. 6oBo Historic Preservation Week- May 13th through May 19, 2001 Mayor Schmidt read and presented a proclamation proclaiming May 13 through May 19, 2001 as National Preservation Week in the City of Delray Beach. Mary Swinford with the Delray Beach Historical Society came forward to accept the proclamation and thanked the Commission. 6oCo Proclaim May 19, 2001 as American Little League Day Mayor Schmidt read and presented a proclamation proclaiming May 19, 2001 as American Little League Day. Mr. edom came forward to accept the proclamation and stated on behalf of the Delray Beach American Little League, he is grateful that the City decided to do this. With regard to the League, Mr. edom stated since 1971 Bill Smith and Joe Weldon have always been very supportive and helpful. ° PRESENTATIONS: 7.A. Commissioner Ji'ang Song of the Florida Inland Navigation District for Palm Beach County will make a presentation of a $70,000.00 check to the City for the purchase of the Odabachian property. Ji'ang Song, Commissioner of the Florida Inland Navigation District (F.I.N.D.) for Palm Beach County, stated he is delighted to be involved with numerous projects -2- 05/15/01 in Delray Beach. Mr. Song stated the total project cost is in excess of $1.6 million dollars. Florida Inland Navigation District (F.I.N.D.) was able to fund about $670,000 towards the projects related to the Intracoastal Waterways. In the past, Mr. Song stated F.I.N.D. contributed to various projects and hopes the City will continue working on the waterways with F.I.N.D. Mr. Song presented a check to Mayor Schmidt in the amount of $70,000 from the Waterway Assistance Program and stated he would like to see the City spend this money to buy this property and is hopeful that the City will move this project along so that residents of this County can utilize this facility. 7ogo Chamber of Commerce - Report on the Delra¥ Affair Lynn Bialakis, Director of Special Events, stated on April 20-22, 2001 the 39th Annual Delray Affair was held in Downtown Delray Beach where over 250,000 people enjoyed three beautiful days of weather. Ms. Bialakis stated over 650 exhibits of crafts, fine craft, and fine art showcased our City in the greatest of ways. On behalf of the Board of Directors of the Chamber of Commerce, Ms. Bialakis presented the official poster of the 2001 Delray Affair and stated she hopes it will be displayed proudly in City Hall. Mayor Schmidt stated the poster would be displayed in the City Clerk's office. In addition, Ms. Bialakis expressed appreciation for the support that the City of Delray Beach provides to this signature event that is held every year and is looking forward to the 40th Anniversary next year. o CONSENT AGENDA: City Manager Recommends Approval. 8.A. RIGHT-OF-ENTRY AGREEMENTS/HARBOR DRIVE: Approve the Right- of-Entry Agreements for 1221 & 1227 Harbor Drive to allow the City or its contractors to enter onto the owners property and tie the driveways into the new road elevation. 8.B. WAIVER REQUEST TO ALLOW A TEMPORARY MODULAR SALES OFFICE AT SHERWOOD PONTIAC: Consider a request to allow a temporary modular sales office facility at Sherwood Pontiac, located on the west side of South Federal Highway, approximately 600 feet north ofFladell's Way. 8oCo ACCEPT A RIGHT-OF-WAY DEED & LANDSCAPE MAINTENANCE AGREEMENT/ELIZABETH'S ON 7TM RESTAURANT: Consider acceptance of a Right-of- Way Deed and Landscape Maintenance Agreement with Elizabeth's on 7th Restaurant, located at the southeast corner of East Atlantic Avenue and SE 7th Avenue. 8oDo CONSULTING SERVICE AGREEMENT/MARK BRIGGS & ASSOCIATES: Approve the Letter of Agreement for consulting services between Mark Briggs & Associates and the City for the preparation of the City's Section 108 Loan Guarantee application. The fee is $29,000 plus not-to-exceed out-of-pocket expenses of $3,000. Funding is available from 118-1074-554-31.90 (Community Development/Other Professional Services). 8oto DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a -3- 05/15/01 subsidy for one (1) eligible applicant/family in the amount of $21,000.00, property located at 226 NV~ 4th Avenue. This represents the 123rd applicant under the Delray Renaissance Program. Funding is available from 118-1924-544-83.01 (SHIP Program). 8.F. APPOINTMENT OF OUTSIDE COUNSEL/DHARMA PROPERTIES~ INC. v. CITY OF DELRAY BEACH et al. AND BLOCK 77 DEVELOPMENT GROUP v. DHARMA PROPERTIES~ INC, et al.: Approve the appointment of outside counsel in the referenced matter as recommended by the City Attorney. g.G. CANCELLATION OF CONTRACT WITH USA CHARTER & AWARD PRIMARY CONTRACTOR TO BLACKWELL TRACTOR SERVICE & SECONDARY CONTRACTOR TO WALCOTT & SON: Approve the cancellation of contract with USA Charter for nuisance abatement, lot clearing and mowing and move Blackwell Tractor Service to primary contractor and award bid as secondary contractor to Walcott & Son. 8.H. LINE OF CREDIT/BANK OF AMERICA: Approve a CRA Application for $1,000,000.00 Line of Credit with Bank of America. g.I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 30, 2001 through May 11, 2001. g.J. AWARD OF BIDS AND CONTRACTS: Purchase award to Safety Equipment Company (via the City of Orlando bid #RF97-323) for twenty-five (25) sets of replacement fire fighting protective clothing. Funding is available from 001-2311-522-52.22 (Administration-Uniforms); 001-2313-522-52.22 (Highland Beach- Uniforms); 001-2315-522-52.22 (Operations-Uniforms); and 001-2317- 522-52.22 (Safety-Uniforms). o Purchase award to Hector Turf for the purchase of two (2) Toro Greensmaster 3100 2WD Tractor units (via the GSA General Services Administration Contract #GS-07F-8722-D) for the total amount of $33,550.40. Funding from 446-4761-572-64.90 (Lakeview Golf Course); and 445-4761-572-64.90 (Delray Municipal Golf Course) for $16,775.20 each. o Bid award to multiple low responsive bidders for the purchase of pipefittings and accessories for the Water/Sewer Network and the Construction Division at an estimated annual cost of $203,264.78. Funding from various departmental operating budgets. o Purchase award to Dracvo Lime Inc. for bulk quicklime (via the City of Boynton Beach Co-op Bid #052-2821-01/KR) at an estimated annual cost of $320,250. Funding from 441-5122-536-52.21 (Chemicals FY 2001- -4- 05/15/01 2002). Bid award to multiple low responsive bidders (Bid #2001-19) for the purchase of automotive parts stocked in the purchasing warehouse, at an annual cost of $59,000. Funding from various departmental operating budgets. o Purchase award to Dell for 12 personal computers at the Police Department (via State Contract #250-040-99-1) in the amount of $20,160.00. Funding from 334-6112-519-64.11 (Renewal & Replacement Fund). o Purchase award to TeleStaff (sole source) for a daily staffing and scheduling software package in the amount of $40,000.00 for the Fire Department. Funding is available in 001-2315-526-66.10 (Software). Mrs. Archer moved to approve the Consent Agenda as amended, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. o REGULAR AGENDA: 9.A.A. ACCEPT A RIGHT-OF-WAY DEED & LANDSCAPE MAINTENANCE AGREEMENT/ELIZABETH'S ON 7TM RESTAURANT: Consider acceptance of a Right- of-Way Deed and Landscape Maintenance Agreement with Elizabeth's on 7th Restaurant, located at the southeast corner of East Atlantic Avenue and SE 7th Avenue. Due to a conflict of interest, Mayor Schmidt stepped down and passed the gavel to Vice-Mayor McCarthy. Paul Dorling, Planning Director, stated this is an acceptance of a five-foot right- of-way deed for S.E. 7th Avenue and a landscape maintenance agreement associated with the "Elizabeth's on 7th'' Restaurant located on the southeast corner of East Atlantic Avenue and S.E. 7th Avenue (9 S.E. 7th Avenue). At its meeting of April 18, 2001, the Historic Preservation Board (HPB) approved the site plan modification for "Elizabeth's on 7th'' Restaurant subject to a five-foot dedication for S.E. 7th Avenue right-of-way and execution of a landscape maintenance agreement for the installation of landscaping within this right-of-way. Mr. Perlman moved to approve the Right-of-Way Deed & Landscape Maintenance Agreement with "Elizabeth's on 7th'' Restaurant, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.A.A.A. ORDINANCE NO. 34-01: An ordinance amending Chapter 32 "Departments, -5- 05/15/01 Boards and Commissions" of the City Code of Ordinances. If passed, a public hearing will be scheduled for June 5, 2001. The City Manager presented Ordinance No. 34-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, CHAPTER 32, "DEPARTMENTS, BOARDS, AND COMMISSIONS", HEADING "GENERAL PROVISIONS"; BY AMENDING SECTION 32.07, "MEMBERSHIP QUALIFICATIONS/REQUIREMENTS", TO PROVIDE EMPLOYMENT WITHIN THE CITY AS AN ADDITIONAL QUALIFICATION; PROVIDING A GENERAL REPEALER CLAUSE, SAVINGS CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 34-01 is on file in the City Clerk's office.) The City Attorney presented an alternate ordinance that does not change the caption and reads as follows: "...and/or employed as an officer of a public company located within the City..." as opposed to the original ordinance that reads "...and/or employed within the City..." Discussion by the Commission followed. Mayor Schmidt stated this ordinance came up as a result of a discussion he had with the City Attorney regarding who would be eligible to serve on the Charter Revision Committee. Mayor Schmidt stated the City Attorney pointed out that any member or task force member has to be a resident of the City or own a business in the City. Mayor Schmidt stated he felt the City was limiting their options with appointing people to Boards and suggested that the City consider expanding to people who are employed within the City. Mrs. Archer stated she agrees with Mayor Schmidt and is in favor of supporting this. She stated this has come up several times with Board appointments where there have been some good people who happen to not own a business in the City but are indeed committed to Delray Beach. Mr. Levinson stated he spoke to the City Attorney regarding the alternate ordinance only because when the original decision was made that someone serving on a board or committee had to be a resident of Delray, he suspects the rationale was the City wanted someone who was in a decision making capacity in their business to affect that business. Knowing that there was an individual who was under consideration at one time for a City Board recently who was an officer in a public company, Mr. Levinson feels this was certainly acceptable. Mayor Schmidt stated if someone is willing to make a commitment to be on a Board, it does not matter whether they are in management or not. Mayor Schmidt stated it is up -6- 05/15/01 to the Commissioner to examine their motivation if they are being considered for appointment as opposed to someone that may be just sitting there as a figurehead for a company that they work for. Ms. McCarthy stated she feels people who are employees in a business for several years may have another perspective. She stated people who actually work in the City but do not live in the City are still very concerned and committed about what happens in the City. Ms. McCarthy stated we do have people who run businesses when the business owners are not here. Ms. McCarthy stated in some particular committees this might not be applicable. However, Ms. McCarthy does not feel it is in the best interest of the City to stipulate that an individual cannot serve on any committee. Mr. Perlman concurred with comments expressed by Vice-Mayor McCarthy. As it's currently worded, an individual would have to be an officer. He stated the Commission has discretion when making an appointment and feels comfortable with those controls that it comes back to the Commission eventually. Ms. McCarthy moved to approve Ordinance No. 34-01 as presented in the backup, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A.A. CONSULTING SERVICE AGREEMENT/MARK BRIGGS & ASSOCIATES: Approve the Letter of Agreement for consulting services between Mark Briggs & Associates and the City for the preparation of the City's Section 108 Loan Guarantee application. The fee is $29,000 plus not-to-exceed out-of-pocket expenses of $3,000. Funding is available from 118-1074-554-31.90 (Community Development/Other Professional Services). With regard to future Section 108 Loan Applications, Mr. Perlman asked if the City hires the consultant would the knowledge that the City gains be beneficial for the City in the future? In response, Ms. Butler feels it would be beneficial for the City because she is learning from the consultant. Ms. Butler stated the consultant is not here to get business but is here to show her the process of how to calculate and negotiate these things. Ms. Butler has had several meetings already where the consultant has not charged the City and stated by the end of this process staff will be able to do future applications on its own. Ms. McCarthy asked if there is a separate agreement that stipulates once this is done that it belongs to the City of Delray Beach? In response, the City Attorney stated the City has a Letter Agreement. Mr. Perlman moved to approve the Consulting Service Agreement with Mark Briggs & Associates as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9oAo AGREEMENT WITH PENCIL~ INC.: Consider approval of an agreement with -7- 05/15/01 PENCIL, Inc., a non-profit organization that encourages private sector and civic involvement to support the public schools by inviting individuals to be "Principal For A Day". Janet Meeks, Education Coordinator, stated this is before the Commission to consider a Trademark Lease Agreement to allow the Education Board to use the logo "PENCIL". Shelly Weil~ Delra¥ Beach Education Board, stated the PENCIL, Inc. Program is a non-profit organization that encourages private sector and civic involvement to support the public schools by inviting individuals to be principals for a day. Mr. Weil stated the PENCIL Program was iniated in New York City approximately five years ago and he feels it is a fantastic program. PENCIL is the acronym for Public Education Needs Civil Involvement in Learning and ends with a single day in learning PFAD (Principals For A Day). Mr. Weil stated for the last year they have been drafting, seeking, and asking for the help of the business community. Mr. Weil stated they began by talking to principals and gave them three choices and asked them if they had a choice of someone being a principal in their school would they prefer a politician, a CEO, or a famous athlete. The program will be applied to the thirty schools in Delray Beach and eight out of the thirty principals were already polled and four of the eight would prefer an athlete and four would prefer a CEO. Mr. Weil stated approximately sixty candidate volunteers want to do the job but there are only thirty schools. The Delray Beach Education Board would like to implement this program and use the name of the organization for their annual event, which they anticipate to host in the late fall. Mr. Weil announced that the PFAD event will take place on November 8, 2001 between 8:30-12:30 p.m. and each of these athletes and CEO's will come into the schools and afterward a luncheon will be held at either Old School Square or the Marriott. Mr. Weil stated he is working with Mr. Walsh and Ocean Properties to hold a Town Hall Meeting to get the thirty principals for a day to discuss what they saw and how they felt. Lastly, Mr. Weil urged the Commission to support this program. Mrs. Archer moved to approve the agreement with PENCIL, Inc., a non-profit organization that encourages private sector and civic involvement to support the public schools by inviting individuals to be "Principal For A Day", seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.B. ABANDONMENT OF A PORTION OF BRONSON AVENUE: Consider approving the abandonment of that portion of Bronson Avenue, beginning approximately 100 feet south of East Atlantic Avenue, and extending to the south end of the street. Paul Dorling, Planning Director, stated the request involves an abandonment of approximately 437 feet of Bronson Avenue beginning approximately 100 feet south of Atlantic Avenue. The First Presbyterian Church of Delray, which owns all property adjacent to the subject area, submitted the abandonment request. In addition to the adjacent properties, the Church owns numerous parcels to the north of the subject area, which function as a single campus. A main worship hall, a school building, two (2) apartment buildings, three (3)-paved parking lots, as well as other facilities are located on the campus. -8- 05/15/01 The right-of-way is improved, and functions as a public roadway, which is substandard by current code (LDRs require 60-feet of width for a local road). In addition, municipal water and sewer lines and facilities for Florida Power & Light, Florida Public Utilities, and Adelphia Cable are currently located in the abandonment area. At its meeting of January 24, 2000, the Planning and Zoning Board considered the request at a public hearing at which time no one from the public spoke in opposition. After discussion, the Board vote 6 to 1 (Hasner dissenting), to recommend approval with the six- (6) conditions listed on page 5, of the Planning and Zoning Staff Report. Staff is recommending that the City Commission approve the abandonment of the portion of the Bronson Avenue right-of-way based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following conditions: Provision of a replacement access and utility easement for the full length and width of the abandonment area, and supply a sketch and description of said easement, Reimbursement to the City the sum of $13,935.60 (per the schedule in the agenda backup) for the recent roadway improvements of Bronson Avenue. Provision of an adequate turn-around area in the northern portion of the abandonment area, for the remaining portion of Bronson Avenue, Approval by the Fire Department of any gate that restricts vehicular access to the abandonment area, Recordation of a "unity of title" instrument that joins all individual parcels that are adjacent to the subject abandonment area, 6. Processing of an application for a site plan modification for the gate and turnaround areas. Mr. Levinson stated he understands the interest is enclosing the north end from a gated perspective so access would be impeded from traffic roadway. Mr. Dorling stated it would be a controlled access. Mr. Levinson stated during the Downtown Charrette process there was a lot of discussion regarding the grid system we have in our community and how effective in terms of future planning that grid system can be. Mr. Levinson suggested to defer this for some period of time to grant them a gateway to prohibit access but to not make a final decision on the abandonment until we finish with an urban planner and address some of the concerns raised as a result of the Downtown Charrette. Mr. Dorling stated this street dead ends into church property and is surrounded by church property. The First Presbyterian Church has a gate system that was approved by the Site Plan Review and Appearance Board (SPRAB) last week. The City Manager stated this is not -9- 05/15/01 part of the grid and a big part of the right-of-way is only 20 feet. From the City's perspective it serves no public purpose and reiterated that it serves nothing but The First Presbyterian Church property. Mrs. Archer stated she feels there is nothing to gain by allowing the abandonment of this particular piece of property. Mrs. Archer stated it might be different if there were access at the other end or if there were other property owners involved and there are none. She feels it would be beneficial to the church and in fact probably easier to handle traffic that may enter the area now and have difficulty in turning around. Mrs. Archer stated she feels it would be to the City's benefit to do this since it is not part of the original grid system and we have nothing to gain by holding on to it. For clarification, Ms. McCarthy inquired about Lots 7-15 and Lots 16-24 and asked if the First Presbyterian Church owns all the lots? In response, Mr. Dorling stated the Church owns Lots 7-24. Ms. McCarthy inquired about the area behind these lots facing Atlantic Avenue north of the easement, and asked if these businesses use the area behind their lot for any type of traffic or accessway? Dan Marfino, Senior Planner, stated the area behind these buildings will not be impacted by the abandonment and the church is providing a turn-around area closer to the north end so it will be easier to make that turning point to get back out on Atlantic Avenue. In addition, Mr. Marfino stated the area behind the buildings would be large enough for cars and trucks to turn around. Mrs. Archer moved to approve the abandonment of the portion of the Bronson Avenue right-of-way based upon positive findings with respect to LDR Section 2.4.6(0)(5) and accept the easement deed, the access easement, and the Unity of Title subject to the six conditions imposed by Planning and Zoning as listed on page five of the Planning and Zoning Staff Report, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - No. Said motion passed with a 4 to 1 vote (Commissioner Levinson dissenting). 9.C. LEASE AGREEMENT/FIRST PRESBYTERIAN CHURCH: Consider approval of a Lease Agreement between the City and First Presbyterian Church. Robert A. Barcinski, Assistant City Manager, stated this is a proposed agreement for a lease of the Presbyterian Church lot on the west side of Gleason Street, which is now a 25- space parking lot. The City will pay $1,140 per month, over a three-year term, with an automatic two-year renewal, unless either party give notices that there will be no renewal (approximately $40 per space). The City will convert the lot into 39 parking spaces and have committed to restripping the lot and making it a legal lot. Mr. Barcinski stated the City would have use of the lot most days, however the lot would be reserved for church use on Sundays. In addition, the church lot will be used for funerals, weddings, and other activities. Mr. Barcinski stated the City has been working on this with the church to try and get additional parking east of the Intracoastal. -10- 05/15/01 Mr. Levinson asked if this lot was put in the new sign package? In response, Mr. Barcinski stated this was not part of the sign package and the City will need to add a sign for it unless the lot is made an "Employee Only Lot". Mr. Perlman commented he is very pleased to see this because it has been a long time coming. Mr. Perlman moved to approve the lease agreement between the City and First Presbyterian Church, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.D. JOINT VENTURE REQUEST/EXTEND CLOSING TIME OF SANDOWAY PARKING LOT: Consider a request from Joint Venture to extend the closing time of the Sandoway Parking Lot on June 1st until 10:00 p.m. to accommodate the Hot Air Balloon Glow. Paul Dorling, Planning Director, stated this is a request from the Joint Venture to extend the parking lot hours for Sandoway Parking lot until 10:00 p.m. to accommodate the Balloon Glow, which is opening ceremony to a weekend event known as Balloon Race Weekend. It will be held on Atlantic Avenue between Ocean Boulevard and Andrews Avenue from 7:00 - 10:00 p.m. Last years attendance for the event was estimated between 3,000-4,000 people. Mrs. Archer asked how many times the City has extended the closing time for Sandoway Parking Lot for special events? In response, Mr. Barcinski stated the Sandoway Parking Lot has extended the closing time for special events approximately three or four times. Mr. Perlman moved to approve the request from the Joint Venture to extend the closing time of the Sandoway Parking Lot on Friday, June 1, 2001 until 10:00 p.m. to accommodate the Hot Air Balloon Glow, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.E. SOLID WASTE BID AWARD/BROWNING, FERRIS INDUSTRIES: Consider approval of a bid award for Solid Waste Collection to Browning, Ferris Industries (BFI) with an estimated amount of $2,254,300.00. Funding from 433-3711-534-34.50, 51, 55, 56 and 57 (Sanitation Waste Disposal - Contractual Service). Joe Safford, Finance Director, stated per the City Commission request, staff prepared a bid package regarding solid waste. Mr. Safford stated the appropriate advertising was sent out and noted staff also utilized the DemandStar. com Website. Mr. Safford stated there was a lot of activity on the bid, which resulted in five bidders deciding to bid on the entire package. Prebid conferences were conducted and resolved all the issues. The bid package only required one addendum throughout the entire process. On April 27, 2001, the City opened five bid submissions and had the following results. Browning, Ferris Industries was the low bidder with an estimated annual amount of $2,254,300. The base bid basically vegetation pickup on the first -11- 05/15/01 solid waste collection day for a resident which means everyone in the City (residential) will have their vegetation picked up on either a Monday, Tuesday, or a Wednesday. The alternate bid is like the present system being picked up six days a week. Mr. Safford stated the City should stay cleaner with vegetation pickup being on Monday, Tuesday, and Wednesday. However, if it does not prove to be so once implemented, Mr. Safford stated the City can always convert back because the alternative is less cost to the hauler as opposed to this. The committee recommends the award of the bid to BFI because they are the low overall bidder. Mr. Perlman moved to approve the bid award for Solid Waste Collection to Browning, Ferris Industries (BFI) with an estimated amount $2,254,300, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:10 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 17-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the LDR Section 4.4.13 regarding parking requirements in the CBD (Central Business District) zone district to accommodate required parking utilizing valet parking, including parking appliance/lift system or tandem parking, and LDR Section 4.6.9 establishing design standards for valet and tandem parking arrangements. If passed, a second public hearing will be scheduled for June 5, 2001. Prior to consideration of this ordinance on FIRST Hearing/First Public Hearing, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 17-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUS1NESS (CBD) DISTRICT, SUBSECTION 4.4.13(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO PROVIDE THAT REQUIRED PARKING FOR CERTAIN USES MAY BE PROVIDED AS VALET PARKING, SUBJECT TO CONDITIONS AND SUBJECT TO CONDITIONAL USE APPROVAL; AMENDING SUB SECTION 4.4.13 (G), "SUPPLEMENTAL DISTRICT REGULATIONS", AMENDING SECTION 4.6.9, "OFFSTREET PARKING REGULATIONS", SUB SECTION 4.6.9(C)(2)(c), "MULTIPLE FAMILY STRUCTURES", TO PROVIDE THAT PARKING MAY BE PROVIDED IN FRONT OF GARAGE UNITS WITHIN TOWNHOUSE AND TOWNHOUSE-TYPE DEVELOPMENTS, SUBJECT TO CONDITIONS; AMENDING SUBSECTION 4.6.9(F), -12- 05/15/01 "SPECIAL PROVISIONS", BY ENACTING A NEW SUBPARAGRAPH 4.6.9(F)(3) TO ESTABLISH DESIGN STANDARDS AND REGULATIONS FOR VALET AND TANDEM PARKING ARRANGEMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 17-01 is on file in the City Clerk's office.) 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. Paul Dorling, Planning Director, stated this text amendment was previously before the Commission and allowed multi-family uses to accommodate required parking in valet configurations and commercial uses east of the Intracoastal to accommodate required parking in either a tandem layout or through the utilization of an appliance lift system. The Commission had concerns over the multi-family component and the ordinance was modified to eliminate this aspect of this request. The ordinance then returned to Commission and it was continued to the meeting this evening to receive community input through the Downtown Charrette process. The amendment involves three issues. The first allows tandem parking for townhouses similar to that currently enjoyed by single family units where the two required parking spaces can be accommodated (one in the garage and one in the driveway). The second issue (through the conditional use process) would allow 100% of the required parking for restaurants, cocktail lounges, hotels, and residential type inns within the Central Business District, east of the Intracoastal Waterway, to be accommodated through the provision of valet parking. Mr. Dorling stated this would be subject to the surface parking configurations outlined in the LDR change. The third issue is an addition to allowing the required parking to be accommodated in a valley configuration of an appliance lift system. The amendment also includes minimum landscape screening requirements and soundproof requirements for those specific lift systems. The Planning and Zoning Board considered the amendment at their meeting of January 22, 2001 and recommended approval on a 6-0 vote. However, it is noted that this recommendation was provided prior to the Charrette process at which time there was public opposition expressed related specifically to the appliance lift systems. Mayor Schmidt declared the public hearing open. Fran Marincola~ 1138 S. Vista Del Mar Drive~ stated this ordinance came to be because he applied for a development with Tandem parking. The Planning and Zoning Department did not turn it down but stated an ordinance needed to be written regarding tandem parking. Mr. Marincola explained it is a moot point now because the particular project that was hitched to this ordinance ran out of time so it no longer is attached to any development in town. -13- 05/15/01 Mr. Marincola stated there were three comments made at the Downtown Charrette that he feels were inaccurate. First, it said they did not want the valet parking because valets drive too fast. Mr. Marincola stated this ordinance has nothing to do with driving or valet parking so he feels this statement is inappropriate. The other point that was made was that this ordinance increased density. Mr. Marincola stated this ordinance does not increase intensity for two reasons. One, if someone wants to open up a restaurant, a bar, cocktail lounge, or a hotel in this town Mr. Marincola stated he has a system where you can buy the parking in lieu fees so no one gets turned down. Mr. Marincola stated this ordinance actually gives the City Commission and the Parking Management Advisory Board an option. The other reason it does not increase intensity is because it is a conditional use. Mr. Marincola stated he supports this ordinance and feels the City needs to have rules that govern tandem parking. Bruce Gimm¥~ 439 East Atlantic Avenue, concurs with comments expressed by Mr. Marincola and stated the Parking Management Advisory Board is looking for solutions. Dan Burns~ 1036 Bucida Road, stated he is opposed to part of this ordinance because of the parking appliance/lift systems. He stated he has had experience with lifts above ground and the ones built underground for approximately forty years. If the lifts are not maintained properly they can break, cause noise, and other unsightly things. He stated a comment was made at the last meeting he attended and someone suggested encasing the motor (electric) inside cement. He stated if the motor breaks then the cement would have to be broken in order to get to the motor. In addition, Mr. Burns stated anything that is encased like this is going to over heat. Mr. Burns stated one solution to this would be to charge the restaurants more money for some of the outdoor dining that they are not paying rent on and use this money to buy some lots that the City can put parking on. Robert Currie~ 134 N.E. 1st Avenue, stated this is a creative way to solve the parking problems and supports this ordinance. In terms of conditions, Mr. Currie stated if the Commission agrees to the parking appliance/lift system portion, the lifts could be enclosed with a roof or walls to insure that there is privacy and no noise. Mr. Currie supports the tandem parking with valet and reiterated that he feels this is a very reasonable solution to some of the parking problems. Henry Williams~ 310 N.W. 3ra Avenue, stated he has worked with hydraulic lifts his entire life and stated even if the lifts are enclosed with cement, noise will still be generated from the lifts. Mr. Williams stated he has had experience with hoses constantly breaking with some of the machinery he has worked on. Mr. Williams stated the hoses hold up to 10,000 pounds of pressure and if they break they make an unsightly mess and urged the Commission to not support this ordinance. There being no one else who wished to address the Commission on this issue, the public hearing was closed. Mr. Levinson moved to approve the amendment to the Land Development Regulations Section 4.4.13 to allow required parking to be accommodated utilizing valet parking -14- 05/15/01 and Section 4.6.9 establishing design standards for valet and tandem parking arrangement as contained in Ordinance No. 17-01 on FIRST Reading/First Public Hearing, seconded by Mrs. Archer for discussion purposes. Discussion by the Commission followed. Mayor Schmidt stated he heard public comment at the Downtown Charrette about the lift systems but he had the opportunity to speak to a few planners from Treasure Coast that were familiar with the systems they recommended not approving the systems because of problems with noise. In addition, they feel the City may be opening up a Pandora's Box in town with parking if this is approved as a conditional use. Mayor Schmidt stated he is not going to support that portion of the ordinance. Mr. Perlman stated he was waiting for the Downtown Charrette as well. He stated there are parts of the ordinance he would like to consider at a later date and feels there will be support for garage projects. Mrs. Archer stated she agrees that at best this is a temporary solution and does not want to be in a position of allowing development of any property with increased density by reducing the amount of parking spaces required especially since at this time the City is looking to review what we are doing in terms of density and how it impacts our City. Mrs. Archer explained she is not in favor of supporting a parking appliance/lift system at this time. Mr. Levinson stated he too heard comments expressed at the Charrette and also went by the old CRA office. With regard to Mr. Currie's comments about the tandem parking and the valet, Mr. Levinson stated he has concerns about the slippery slope on the lift system. Mayor Schmidt stated the motion on the floor is to approve Ordinance No. 17-01 and asked that the roll be called. Upon roll call the Commission voted as follows: Mr. Levinson - No; Ms. McCarthy - No; Mayor Schmidt - No; Mr. Perlman - No; Mrs. Archer - No. Said motion failed with a 5 to 0 vote (Ordinance failed). Mr. Levinson stated he does not have a problem with the tandem/valet west of the Intracoastal Waterway and suggested that the Commission look to see if this would make sense in any the other areas around the City. Mr. Dorling asked if this would be for the Central Business District (CBD) area east and west? Mr. Levinson stated it would be for the CBD for both the east and west areas. Mr. Dorling asked if this would also include the townhouse tandem parking allowing the townhouses to count tandem spaces similar to a single family? In response, Mr. Levinson stated he would like to see this included. It was the consensus of the Commission to give staff direction to revise the ordinance to include tandem/valet parking in the Central Business District (CBD) area both east and west including the townhouse tandem parking allowing the townhouse to count tandem spaces similar to single family and present to the Commission at a later date. 10.B. ORDINANCE NO. 29-01: An ordinance amending LDR Sections 4.6.9(D) and -15- 05/15/01 6.1.4(D), regarding paving of driveways and parking spaces, and providing an amortization period. 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. 29-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(D), "DESIGN STANDARDS", BY AMENDING SUB-SUBSECTION 4.6.9(D)(8), "PARKING SURFACES AND DRAINAGE"; AMENDING CHAPTER 6, "INFRASTRUCTURE AND PUBLIC PROPERTY", ARTICLE 6.1, "DESIGN STANDARDS AND REQUIREMENTS", SECTION 6.1.4, "DRIVEWAYS AND POINTS OF ACCESS", BY AMENDING SUBSECTION 6.1.4(D), "CONSTRUCTION REQUIREMENTS", BY CLARIFYING REGULATIONS RELATING TO THE PAVING OF DRIVEWAYS AND PARKING AREAS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 29-01 is on file in the City Clerk's office.) 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. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission on this issue, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 29-01 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 33-01: An ordinance adopting the Community Redevelopment Plan Amendment. 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. 33-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY -16- 05/15/01 REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH; FINDING THAT THE MODIFICATIONS CONFORM TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATIONS ARE CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTES SECTION 163.360(6)(7); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 33-01 is on file in the City Clerk's office.) 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. Mayor Schmidt declared the public hearing open. Henry Williams~ 310 N.W. 3ra Avenue, stated he is not clear regarding the meaning of this ordinance because the Commission is talking about redevelopment with the Charrette process and asked for clarification on what part of the redevelopment they mean. Mr. Perlman stated this is just updating things that are old and does not include the West Atlantic Redevelopment Coalition (WARC). Mr. Perlman explained a lot of this is for "housekeeping" purposes and stated the Commission is not ignoring the Charrette. Diane Domin~uez~ CRA Director, stated this is the Redevelopment Plan, which includes all the programs that the CRA is operating, and a lot of the plans that the CRA has for the redevelopment area. Ms. Dominguez stated the CRA will be participating with the City in the Master Plan for the Downtown area and reiterated that this is mainly updating some of the programs and plans. Furthermore, Ms. Dominguez explained once the Master Plan is completed and after the CRA goes through their own goal setting processes, the Redevelopment Plan may have to be amended again. There being no one else who wished to address the Commission on this issue, the public hearing was closed. Mrs. Archer moved to adopt Ordinance 33-01 on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 28-01: An ordinance amending Chapter 52, "Water" of the City Code of Ordinances and amending Chapter 6, "Infrastructure and Public Property" of the Land Development Regulations. Prior to consideration of passage of this ordinance on Second -17- 05/15/01 and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 28-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING TITLE 5, "PUBLIC WORKS", CHAPTER 52, "WATER", SUBHEADING, "GENERAL PROVISIONS"; BY AMENDING SECTION 52.01, "TURNING ON OF SERVICE", TO PROVIDE A NEW TITLE, "TURNING ON SERVICE"; BY RELETTERING THE FIRST PARAGRAPH SUBSECTION (A) AND BY CREATING A NEW SUBPARAGRAPH (B), PROVIDING FOR THE OPENING OF AN ACCOUNT IF THERE IS ONLY ONE METER; BY AMENDING SECTION 52.03, "USE OF WATER FROM HYDRANTS", SUBSECTION (B), TO PROVIDE FOR THE RETURN OF THE METER BEFORE THE DEPOSIT IS REFUNDED; BY AMENDING SECTION 52.04, "INTERCONNECTION OF PUBLIC AND PRIVATE SYSTEMS", TO PROVIDE FOR INTERCONNECTIONS WITH ADJACENT MUNICIPALITIES AND WATER UTILITIES; BY AMENDING THE SUBHEADING, "METERS", BY REPEALING SECTION 52.15, "MINIMUM SIZE OF METERS" AND ENACTING A NEW SECTION 52.15, "MINIMUM SIZE OF METERS", TO PROVIDE A METHOD TO DETERMINE THE CORRECT METER SIZE; BY AMENDING SECTION 52.17, "MULTIPLE CONNECTIONS THROUGH ONE METER", TO PROVIDE FOR CONNECTIONS THROUGH ONE METER UNDER CERTAIN CIRCUMSTANCES; BY AMENDING SECTION 52.19, "VEGETATION WATER METERS", SUBSECTIONS (A) AND (B) AND ENACTING A NEW SUBSECTION (D), TO PROVIDE FOR THE LOCATION AND CIRCUMSTANCES WHERE USE OF A SEPARATE VEGETATION WATER METER IS PERMISSIBLE; BY AMENDING SECTION 52.30, "OWNER RESPONSIBLE FOR CHARGES", BY REPEALING THE FIRST PARAGRAPH AND ENACTING NEW SUBSECTIONS (A), (B), (C), (D), AND (E) TO CLARIFY THE RESPONSIBILITIES OF OWNERS AND TENANTS; BY REPEALING SECTION 52.33, AND ENACTING A NEW SECTION 52.33, "DEPOSIT TO GUARANTEE PAYMENT", TO CONSOLIDATE THE RATES AND THE DEPOSIT RATE FOR 1 1/2 INCH METERS OUTSIDE THE CITY, AND BY ENACTING A NEW SUBSECTION (B) TO PROVIDE THAT CUSTOMERS WITH NO PREVIOUS DELINQUENCY NEED NOT PAY A DEPOSIT; BY AMENDING SECTION 52.39, "OTHER FEES", BY AMENDING SUB SECTION (D), "METER REREADING CHARGE", TO PROVIDE FOR THE CIRCUMSTANCES FOR THE -18- 05/15/01 IMPOSITION OF THE CHARGE; BY AMENDING SUBSECTION 52.39(H), "FEE FOR MAINTENANCE OF IMPROVEMENTS IN RIGHT-OF-WAY", TO CORRECT THE FEE CHARGED BY THE CITY FOR INSTALLATION OF IRRIGATION IN RIGHTS-OF- WAY; BY AMENDING "WATER SHORTAGE EMERGENCIES", SECTION 52.67, "APPLICATION OF PROVISIONS", TO CLARIFY THE STANDARDS FOR THE DECLARATION OF A WATER SHORTAGE EMERGENCY; BY AMENDING SECTION 52.68, "WATER SHORTAGE PLAN ADOPTED BY REFERENCE; AMENDMENTS", AND SECTION 52.69, "DECLARATION OF WATER SHORTAGE CONDITION; EMERGENCY", TO PROVIDE FOR THE ENFORCEMENT OF ANY RESTRICTION IMPOSED BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT; AND BY AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, CHAPTER SIX, "INFRASTRUCTURE AND PUBLIC PROPERTY", SECTION 6.1.10, "WATER SYSTEM", SUBSECTION 6.1.10(B), "DESIGN STANDARDS", SUBPARAGRAPH 6.1.10(B)(2), "FIRE PROTECTION PROVISIONS", BY AMENDING THE FOURTH BULLETED ITEM UNDER SECTION 6.1.10(B)(2) TO ELIMINATE THE REFERENCE TO THE WIDTH OF THE ROAD; BY AMENDING SECTION 6.1.10, "WATER SYSTEM", BY REPEALING SECTION 6.1.10(B)(3), "PROHIBITION ON INTERCONNECTIONS", BY REPEALING SECTION 6.1.10(B)(4), "LIMITATION ON NUMBER OF STRUCTURES PER METER", BY REPEALING SECTION 6.1.10(B)(5), "PROHIBITION ON USE OF CITY WATER FOR IRRIGATION", AND BY REPEALING SECTION 6.1.10(B)(6), "WATER METER SIZING", DELETING THESE PROVISIONS FROM THE LAND DEVELOPMENT REGULATIONS BECAUSE THE PROVISIONS ARE CONTAINED IN CHAPTER 52 OF THE CODE OF ORDINANCES, AND BY AMENDING SECTION 61.10 BY ENACTING A NEW SECTION 6.1.10(D), "INCORPORATION BY REFERENCE", TO PROVIDE THAT CHAPTER 52, AS MAY BE AMENDED FROM TIME TO TIME, IS INCORPORATED IN THE LAND DEVELOPMENT REGULATIONS BY REFERENCE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 28-01 is on file in the City Clerk's office.) 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. Mayor Schmidt declared the public hearing open. There being no one who -19- 05/15/01 wished to address the Commission on this issue, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 28-01 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 30-01: An ordinance amending LDR Section 6.1.3(C)(2), regarding construction standards for sidewalks through driveways. 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. 30-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER SIX, "INFRASTRUCTURE AND PUBLIC PROPERTY," SECTION 6.1.3, "SIDEWALKS", SUBSECTION (C)(2), "SIDEWALK CONSTRUCTION", TO ELIMINATE THE REQUIREMENT RELATING TO WIRE MESH; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 30-01 is on file in the City Clerk's office.) Mayor Schmidt declared the public hearing open. Henry Williams~ 310 N.W. 3ra Avenue, asked for clarification regarding this ordinance and asked if this has anything to do with the Downtown Charrette. The Commission explained that they are removing the requirement of the wire mesh and the ordinance is dealing with the actual construction of sidewalks. There being no one else who wished to address the Commission on this issue, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 30-01 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items. -20- 05/15/01 ll.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. 11.B. From the Public. ll.B.1. Dan Burns~ 1036 Bucida Road, stated he is leaving this week for the rest of the summer and addressed a few issues that may be coming up this summer. First, Mr. Burns commented that at the south end of A1A there is a building that wants to go to four stories or possibly even higher. Mr. Burns stated the City has a beautiful beachfront and feels it would only ruin the appearance by allowing such a big building to be erected. He is strongly opposed to a building of such height to be erected and recommends the City not allow this to happen to either the east side or the west side of A1A. Secondly, Mr. Burns stated he has been informed that a motel next to Boston's Restaurant, on the south side, may be purchased and that they want to bring the motel all the way to the sidewalk. Mr. Burns is also strongly opposed to this issue and noted he submitted a letter to Mr. Dorling, Planning Director, regarding the height restriction for the building and would like to see that the letter is made part of the record. Mr. Burns stated he is very much in favor of outdoor dining in Delray Beach. However, he feels some of the restaurants are getting out of line because it is nearly impossible to walk down the street without having to step out into the street to avoid running into someone while they are eating their dinner. Mr. Burns suggested that there be better policing in these areas and emphasized that these restaurants that allow outdoor dining need to abide by the City's regulations. Lastly, Mr. Burns thanked the Commission and staff for their time and support. ll.B.2. Alice Finst~ 707 Place Tavant, stated she listened intently to the presentation about the recreation programs and fields in Delray Beach that was recently presented. She stated there was a parcel of land that was not on the identification of recreation areas. The City in its recreation programs formally used this parcel of land. Ms. Finst stated If you stand on the deck of the Tri-Rail Station and look to the south you can see the parcel of land which is completely encircled by a paved walking area and has a back stop that is almost not visible due to a giant palm tree that has grown through the middle of it. In addition, Ms. Finst stated there appears to be remains of a basketball court and a field that was used by the City of Delray Beach for many years for either tee ball or soccer. Ms. Finst stated if the City is tight for land then something should be done to reactivate this area. Ms. Finst stated this seems like an ideal location because the parking for the Tri- Rail or the Courthouse is not being used at night or late afternoon when the children would be playing. She strongly encouraged the City to look at this parcel of land and see if something can be done. -21- 05/15/01 ll.B.3. Jean Beer~ 2145 S.W. 26th Terrace, stated that after the Charrette Commissioner Levinson said something about "remember going home from school with a tree seedling in hand?" Ms. Beer stated if the streets are well paved and inviting, the rest of the neighborhood will improve around it. Therefore, Ms. Beer stated the property values would go up. She feels it would be wonderful if there could be tree lined streets on every street in Delray Beach. Ms. Beer asked if there is any way to investigate through our neighborhoods about possibly starting little tree nurseries and get free seedlings from someone. Ms. Beer thanked the Commission for the recent paving of Southridge Road. She stated this had been a dirt road for approximately forty years. At this point, Mr. Levinson stated there was a National Arbor Day whereas a city could be a "Tree City". The City Manager stated in the past the City of Delray has been a "Tree City" but he does not believe we are now. Mr. Levinson stated that his comment to Ms. Beer was that when he was kid on May 1st (Arbor Day) you would get a seedling to take home and plant. Mr. Levinson stated the Arbor Day Foundation would give the seedlings away and the City may want to consider participating in something like this by giving the seedlings to the school children to plant in an effort to help the trees. ll.B.4. Mary Alford~ 31 N.W. 14th Avenue, speaking on behalf of the Gateway Homeowners' Association, stated they were told the Florida Department of Transportation (FDOT) has denied their request for a left hand turn signal off Atlantic Avenue in the areas which the Gateway Homeowners' Association feels left hand turn signals are necessary. She stated that someone made a comment this evening was that there was not enough traffic. Ms. Alford stated she does know when the traffic studies are conducting but this is not the case and feels there is indeed heavy traffic volume on Atlantic Avenue. Ms. Alford stated she lives off N.W. 12th Avenue and there is a school located on the south side of the street and the traffic is very bad in the mornings and evenings. Ms. Alford asked for assistance from the Commission as to obtaining a list of reasons why FDOT keeps turning down the request. Ms. Alford stated since she and other residents live in this area, they feel there is a definite need for these signals (especially around N.W. l0th Avenue and N.W. 12th Avenue). ll.B.5. Jay Alperim Co-Chair of the All America City Committee for Delray Beach, announced that tomorrow is the Committee's kick-off fundraiser. Mr. Alperin distributed badges to the Commission, which say that the City of Delray is one of the finalists. Mr. Alperin announced the All America City Committee's presentation in Atlanta would be held on June 22, 2001 at 9:40 a.m. Mr. Alperin invited everyone to attend the dress rehearsal on June 19, 2001 at 7:30 p.m. at Old School Square and encouraged all City employees to wear the badges. ll.B.6. John Bennett~ 137 Seabreeze Avenue, recognized the following Delray Beach citizens (a copy is attached hereto and incorporated herein as an official part of the minutes): -22- 05/15/01 World War I (WWI) Harry Fish Marvin W. Milton Loney Myers Harry Oller World War II (WWII) Benjamin F. Jetton Howell Jones John Jupinko Shelton Lamb, Jr. Ben F. McIntosh Logan McNeil Bradley O'Neal Alfred Priest George Riley Charles L. Vreeland Vietnam Arthur R. Sprott, Jr. Mr. Bennett explained these individuals shared two things in common. One, they left Delray Beach for noble national purpose and secondly, they did not return alive. Mr. Bennett stated whether or not they left to end all wars or to contain communism in Southeast Asia, they left from here and they were residents of Delray Beach. Mr. Bennett stated on Memorial Day some of us will gather to commemorate all the nations war dead so he thought it would be appropriate to single out some of the men who were from this area. In addition, Mr. Bennett stated there will be a ceremony at the municipal cemetery starting at 9:30 a.m. and another ceremony will be held at Veteran's Park at 11:00 a.m. Mr. Bennett encouraged the Commission and citizens to attend one of the ceremonies and especially urged those with children to bring them in an effort to help them learn that freedom is not free. 9.F. NAMING RIGHTS/DELRAY BEACH TENNIS CENTER: Consider approval of a proposed agreement with Sports Marketing Consultants Inc. to act as a Non Exclusive Agent for the City of Delray Beach to sell naming rights for the Delray Beach Tennis Center. The City Manager noted that changes need to be made to the agreement and the City Attorney needs to work on the changes. However, the City Manager stated staff is asking for direction. Staff is presently preparing the Request for Proposal (RFP) to solicit proposals from companies so that the City may select a company to sell the naming rights for the tennis center. The City Manager stated this would come back to the Commission at the June 5th or the June 19th meeting. The City Manager stated if the Commission were interested in doing something with this firm whether it be for a year or six months then we work out an acceptable agreement. If not, then we would let them know that we would be glad to accept their proposal in response to the Request for Proposal (RFP). The advantage is things would get started sooner and the disadvantage would be locking up the twenty-one (21) firms that they want exclusive rights to and whoever gets the RFP would not be able to solicit those firms. Mr. Levinson asked if Mr. Dubin is recommending this? In response, Mr. Dubin stated he is recommending the firm and the contract that was initially agreed upon. In addition, Mr. Levinson recommends the RFP process. -23- 05/15/01 At this point, Mayor Schmidt recommended to wait until the RFP process is complete and let Sports Marketing Consultants, Inc. bid on it. It was the consensus of the Commission to recommend the RFP process and bring it back to the Commission for approval in June. 9oGo AMENDED & RESTATED LEASE AGREEMENT/AM BROADCASTING: Consider approval of an amended and restated lease agreement between the City and AM Broadcasting. The City Attorney stated this is an amended and restated agreement. It includes an updated legal description and the City shall receive $800.00 per month instead of $500.00 per month, as adjusted by the CPI, or the City may elect to accept advertising with a value double to the payment. In addition, the City Attorney stated there are a few essential changes to page three of the agreement. For example, "no above ground structure will be located in any fairway" and "construction access will be along the new access easement unless otherwise mutually agreed by the parties". Mr. Levinson asked if rates we are charging them are competitive with others who would utilize their tower for other purposes? The City Attorney stated she did not discuss this with the City Manager. Mr. Perlman moved to approve the amended and restated lease agreement between the City and AM Broadcasting, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9oHo SETTLEMENT AGREEMENT/FLORIDA OUTDOOR ADVERTISING~ LLC.: Consider approval of a Settlement Agreement between Florida Outdoor Advertising, LLC and the City of Delray Beach regarding the construction of billboards. Brian Shutt, Assistant City Attorney, explained that Florida Outdoor Advertising, LLC (FAA) will withdraw the other four sign applications that were submitted to the City and waive any rights that it may have to those applications. FaA will construct 2 v-shaped billboard (one located at 551 S. Congress Avenue and the other located at 770 S.W. 17th Avenue). Mr. Shutt stated the total height of the sign shall not exceed 65 feet and shall be in conformance with Exhibit "A" which is attached on the back of the settlement agreement. Mrs. Archer commented that this would then add two additional billboards but no more requests will come from this company. However, Mrs. Archer stated the agreement states nothing about other companies. Mr. Perlman asked if the Commission is going to revisit the ordinance and close the barn door? In response, Mr. Shutt stated this has already been addressed. Mr. Perlman moved to approve the Settlement Agreement between Florida -24- 05/15/01 Outdoor Advertising, LLC and the City of Delray Beach regarding the construction of billboards, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.1. APPOINTMENTS TO THE CHARTER REVISION COMMITTEE: Appoint eleven (11) members to the Charter Revision Committee. Based on the rotation system, the appointments will begin with Commission Perlman (Seat #1) through Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4) and Mayor Schmidt (Seat #5), with the Mayor also appointing a Chairperson. Mr. Perlman moved to appoint Bill Wood as a member to the Charter Revision Committee, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to appoint Rita Ellis as a member to the Charter Revision Committee, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. Mr. Levinson moved to appoint Doak Campbell II! as a member to the Charter Revision Committee, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to appoint David Randolph as a member to the Charter Revision Committee, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt stated he wished to appoint David Henninger as a member to the Charter Revision Committee. Ms. McCarthy so moved, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. Mr. Perlman moved to appoint Henry Williams as a member to the Charter Revision Committee, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to appoint Jay Alperin as a member to the Charter Revision Committee, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. -25- 05/15/01 Mr. Levinson moved to appoint Sarah Shannon as a member to the Charter Revision Committee, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to appoint Michele Smith as a member to the Charter Revision Committee, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt stated he wished to appoint Ken Ellingsworth as Chair to the Charter Revision Committee. Mr. Perlman so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt stated he wished to appoint Joel Solomon subject to passage of Ordinance No. 34-01. Mr. Perlman so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9oJo APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint one (1) member to the Community Redevelopment Agency to fill an unexpired term ending July 1, 2001. Appointment to be made by Commissioner Perlman (Seat #1). Mr. Perlman moved to approve James L. Shuler (incumbent) as a member to the Community Redevelopment Agency (CRA) to fill an unexpired term ending July 1, 2001, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. The City Manager stated he is pleased to report that the City has a tentative agreement on the contract with the Police Benevolent Association (PBA). The City Manager explained the language in the agreement needs to be finalized before it can be presented to the Commission for a vote. The City Manager presented the Commission with a progress report regarding the goals and objectives that were set last year for the current fiscal year. The City Manager stated at the League of Cities Board of Directors Meeting, Palm Beach County is proposing to increase their impact fees and he distributed copies of the proposed increases. Also, behind that sheet, the City Manager explained there are two sheets regarding the districts. The first sheet has district letters A-R with fourteen districts that are -26- 05/15/01 currently used and the impact fees that are collected within each district must be spent within that district. The second sheet is a six-district scheme that the County is proposing to go to in order to give them more flexibility in spending this money. The City Manager stated various cities at the League of Cities Board of Directors Meeting were very concerned about it. The disparity between east and west that you could have monies collected in the east and spent in the west and vice versa and the traffic needs are different were pretty cool for the idea of this particular scheme. The City Manager feels the existing Road Impact Fee District should be retained as they are. The City Manager announced that this would be going to the Palm Beach County Commission at a worksession on July 24th. With regard to the Legislature, the City Manager stated the Geller Bill did pass which provides a $100 cash payment per citrus tree removed in the Citrus Canker Control Program. At this point, Mayor Schmidt commented that from what he read in the newspaper, the amount of money that was appropriated is not going to be sufficient this budget year to reimburse everyone. Therefore, the Florida Department of Agriculture is planning to reimburse everyone by spreading it over a two-year period. 13.B. City Attorney. The City Attorney had no comments and inquiries on non-agenda items. 13.C. 13.C.1. City Commission. Commissioner Perlman Commissioner Perlman stated he was very happy with the Charrette and pleased with the level of participation. He feels we need to capture that momentum and move quickly on some of the concerns raised particular with regard to West Atlantic Avenue. Secondly, Mr. Perlman feels this is an aggressive and ambitious Commission to be serving with and feels very proud to be a part of it. 13.C.2. Commissioner Levinson Commissioner Levinson inquired about the follow-up presentation to the Downtown Charrette being held on June 4, 2001, and asked if notices will be sent to inform people of this presentation? Commissioner Perlman, Co-Chair for the Downtown Charrette Steering Committee, stated he would contact Lula Butler, Director of Community Improvement and Diane Dominguez, CRA Director, regarding this matter. at 8:00 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned -27- 05/15/01 Acting City Clerk ATTEST: MAYOR The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Regular City Commission Meeting of May 15, 2001, which minutes were formally approved and adopted by the City Commission on Acting City Clerk NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval, which may involve some amendments, additions or deletions. -28- 05/15/01 Acting City Clerk A3~FEST: MAYOR The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Regular City Commission Meeting of May 15, 20,~1, which minutes were formally approved and adopted by the City Commission on Acting City Clerk NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval, which may involve some amendments, additions or deletions. -28- 05/15/01 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNIY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I.&~1%AMI IIR~I%iMI MIl)III 1%AMI' MAll I%(. ,Xltl3KI .~% i 1 HF ROARD, (~OI.;NCII_ COM MIN.%ION, AU1,HORII*Y OR COMMII'IEE Oh M, HIC'H I.NERVE L% A U%11 OF bAME OF POI.ITICAL NUBDIVISION MY POSITION !~ {f~ELEC'TIVE D APPOINTIVE WHO MUST FILl FORM This form is fm thc by an)- person ser~ ing at the county, city, or other local level of go~ernment on an appointed or elected board, council, comral~on, author,); or cornmitree, h applies equally to members of ad~,isory and non.advisory bodies who are presented with a voting cenflict of interest under Section i 12.3143, Florida Statutes. Your responsiblties under the law when faced with a measure in which you have a conflict of interest will vary greatly dependin! on whether yoa bold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completi~8 thc reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SEGqlON t12.3443, FLORIDA ~I'ATUTE$ ELECTED GroCERS: A person holdi~ electiYe county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special p~vate gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a prim:ipal (other than a goYernmem agency) by whom he is retained. in either case. leu should disclose the conflict: PRIOR TO THE VOTE BE]NO TAKEN b.~ publicly stating to the assembly the nature of your interest in the measure on which yoa are abstaining from voting; end WITHIN I~ DAYS AFTER ~THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minum of the meeting, who should incorporate the form in the minutes. APPOINTED ~FFICERS: A person hoi(fal appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his slacial private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holdieg an appointive local office mherwise may participate in a matter in which he has a conflict of interest, but must disclose the natare of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the olficer or at his direction. IF YOU INTEND TO MAKE ANY A'I'I'EMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WiLL BE TAKEN: -'~ You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form shoeld be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest: FORM #B- 141 ~ IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vole occurs with the person responsible for.recording the minutes of the mceling, who should incorporate the form in the minutes. DISC)LO:SURE OF LOOAL OFFIOER'S INTEREST i. ~'~/'1~ hereby disclose that on (/~ /~'/ ( (a) A measure came or will come before my agency which (check one) inured to m.~ special pri~ate gain; or ~inured to the special gain of (b) The measure before my agcnc.v and the nature of my interest in the measure is as follows: , b)' ~hom ! am retained. Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.31'/ (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $$,000. FORM lib. 13~1 PAOE2 ~Y Hs~i MARV~ W. LO~Y MYERS IIX~Y BENJAMIN F. JETrON ltow~.t JON~S JO~N J~rs~o SHELTON LAMB, JR. BEN F. MCINTOSH LOC, A~ MCNrn BRA~LEY O'NEAX AIx~.n PB~ST ~ORGE OZA~£S L. V~ ARTm~ R. SPROTr, JR.