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04-06-99 APRIL 6, 1999 A Regular Meeting of the City Commission of the City of Delra¥ Beach, Florida, was called to order by Mayor Jay Alperin in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, April 6, 1999. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner David Randolph Commissioner David Schmidt Commissioner Michael Wright Mayor Jay Alperin Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Dan Casselberry, Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mayor Alperin noted the addition of Item 7.B., Presen- tation of Delra¥ Camera Club Photography Exhibition Awards "Palm Beach County Showcase", to the agenda by addendum. Mr. Schmidt moved to approve the agenda as amended, seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Mrs. Archer moved to approve the Minutes of the Regu- lar Meeting of March 16, 1999, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: None 7. Presentations: 7.A. Delray Citizens for Delray Police (Perry DonFrancisco) recognizing the residents of the Del-Aire community for their annual.golf tournament to benefit the Police and Fire Departments Mr. DonFrancisco stated this is the tenth year the Del-Aire community has held a charitable golf tournament, the sole purpose of which is to donate the proceeds to the City's Police and Fire Departments. There are no restrictions placed on the use of the funds and through the years this money has been responsible for the purchase of both life saving and crime fighting equipment that could not have otherwise been purchased within the normal budget constraints of the City. Mr. DonFran- cisco continued that the theme of this year's tournament was "A Decade'of Dedication". This is exactly what Del-Aire has dis- played for the past ten years through its consistent, unsolicit- ed support. He then introduced Mr. Harvey Lurie and Mr. Walter Warheit, the 1999 Del-Aire Charity Golf Tournament Directors. On behalf of the Del-Aire community, Mr. Lurie and Mr. Warheit presented a check in the amount of $14,765.00 to Chief Rehr of the Fire Department and a check in the amount of $14,765.00 to Chief Overman of the Police Department. Both Chief Rehr and Chief Overman expressed their thanks and apprecia- tion for the support provided by the Del-Aire community, noting that these funds are used for training and equipment which enhances the ability of both departments to provide a higher level of service to all residents of Delray Beach. On behalf of the City Commission, Mayor Alperin ex- pressed his sincere appreciation to the Del-Aire community and Delray. Citizens for Delray Police for their very generous sup- port. 7.B. Delray Camera Club Photography Exhibition Awards for "Palm Beach County Showcase" Mayor Alperin stated the Delray Camera Club is a group of amateur and professional photographers who meet twice a month to learn more about photography from one another and from infor- mative'workshops, lectures, slide shows, field trips and monthly competitions. Each year the Delray Camera Club is invited to exhibit their work at City Hall. The club's exhibit this year is called the "Palm Beach County Showcase". Club members were permitted to use one roll of film to take pictures anywhere in Palm Beach County. Judges selected 62 photographs from 690 prints. Mayor Alperin then introduced the winners of this year's competition and presented each of the following with a Certificate of Achievement: Honorable Mention Robert Beran (Flying High) Morris Bernstein (Great Egret) Stuart Freedman (Water Baby at Lake Worth) Robert Green (Great Blue Heron at Wakodahatchee) Ruth Razzetti (Delray Depot) Seymour Robbins (Arts & Crafts Show Boca Raton) -2- ~/06/99 Third Place Morris Bernstein (Old School Square Museum) Second Place Abe Marder (Sugar Sand Park Boca Raton) First Place William Lack (Sun Streak - Palm Beach) 8. CONSENT AGENDA: City Manager recommends approval. 8.A. FINAL PLAT APPROVAL/CONGRESS PARK REPLAT: Approve the final subdivision plat for Congress Park Replat, being a replat of the northern half of Congress Park as recorded in Plat Book 44 at Pages 194 and 195 of the Public Records of Palm Beach County, Florida, based upon positive findings. The subject property is located on the west side of Congress Avenue, south of Atlantic Avenue. 8.B. RESOLUTION NO. 19-99 (ALLEY ABANDONMENT IN DEL-RATON PARK): Approve a resolution vacating and abandoning an unim- proved 10 ft. alley right-of-way lying within Block 26, Del-Ra- ton Park, based upon positive findings. The subject property is located west of Frederick Boulevard between La Mat Avenue and Avenue "H", and contains 0.029 acre. The caption of Resolution No. 19-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PART OF A TEN FOOT WIDE NORTH/SOUTH ALLEY RIGHT-OF-WAY LYING WITHIN BLOCK 26, DEL RATON PARK, BOUNDED BY LA MAT AVENUE ON THE NORTH AND BY AVENUE "H" ON THE SOUTH, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAIN- ING TO THE CITY A UTILITY EASEMENT FOR EXISTING PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF. {The official copy of Resolution No. 19-99 is on file in the City Clerk's office.) 8.C. RESOLUTION NO. 20-99 (EASEMENT ABANDONMENT IN HANOVER SQUARE REPLAT/NOW KNOWN AS WINDY CREEK): Approve a resolution vacating and abandoning a portion of a ten foot wide utility easement within the Hanover Square Replat (Lot 1, Block 4), now known as the Windy Creek subdivision located on the north side of West Atlantic Avenue at the intersection of Hamlet Drive and West Atlantic Avenue, based upon positive findings. 3 4/06/99 The caption of Resolution No. 20-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF A CERTAIN TEN FOOT WIDE UTILITY EASEMENT WITHIN HANOVER SQUARE REPLAT, ACCORDING TO THE PLAT THEREOF RECORD- ED IN PLAT BOOK 75, PAGE 88 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 20-99 is on file in the City Clerk's office.) 8.D. RESOLUTION NO. 21-99 (EASEMENT ABANDONMENT IN DELRAY BEACH SHORES SUBDIVISION): Approve a resolution vacating and abandoning a 5 foot easement within the Delray Beach Shores subdivision (1033 Brooks Lane), based upon positive findings. The caption of Resolution No. 21-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A FIVE FOOT EASEMENT WITHIN LOT 58, DELRAY BEACH SHORES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 167 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS THE SAME IS MORE PARTICU- LARLY DESCRIBED HEREIN. (The official copy of Resolution No. 21-99 is on file in the City Clerk's office.) 8.E. AUTHORIZATION TO PROCEED/EXPANDED GEOTECHNICAL INVESTI- GATIONS FOR BEACH NOURISHMENT PROJECT: Authorize Coastal Plan- ning and Engineering, Inc. to proceed with expanded geotechnical investigations for the beach nourishment project at an addition- al cost not to exceed $105,575.31; with funding from the Beach Restoration Fund (332-4164-572-31.30). The entire cost will be reimbursed from federal, state and county appropriations. 8.F. GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL: Authorize staff to submit a grant application to the Children's Services Council for funding in the approximate amount of $155,348 to help fund the After School Program and the summer day camp program. 8.G. ACCEPTANCE OF RIGHT-OF-WAY DEED/CALVARY BAPTIST .CHURCH: Accept a right-of-way deed from Calvary Bible Baptist Church'conveying 15 feet of right-of-way for S.W. 10th Street to the City for public roadway purposes. -4- 4/06/99 8.H. LANDSCAPE MAINTENANCE AGREEMENT/LANDMARK CENTER: Approve a landscape maintenance agreement with Craige Furniture Company to allow for the installation of landscaping material in the north/south alley right-of-way at 60-1/2 N.E. 2nd Avenue associated with the Landmark Center development (west side of Pineapple Grove Way/N.E. 2nd Avenue, approximately 150 feet north of East Atlantic Avenue). 8.I. LEASE AGREEMENT FOR SCOUT HUT: Approve a 25-year lease agreement between the City and the Pioneer Boys Associa- tion, Inc., as lessee, for the lease of the property commonly known as the Scout Hut located on the north side of Lake Ida Road, west of the Trinity Lutheran Church property, for the purpose of conducting Scout activities. 8.J. GENERAL RELEASES/DONATION OF POLICE VEHICLES TO C.O.P. PROGRAM: Approve three (3) general releases donating three (3) police vehicles to the Citizens Observer Patrol (C.O.P.) program for use by Woodlake Homeowners Association, High Point of Del- ray, Section Five, and Pines of Delray Association, Inc.. 8.K. SERVICE AUTHORIZATION #2/PROFESSIONAL ENGINEERING CONSULTANTS: Approve Service Authorization #2 in the amount of $25,806.00 with Professional Engineering Consultants, Inc. (PEC) for preparation of a city-wide capital infrastructure needs assessment and integrated capital plan, including project priori- tization and estimates of cost, with funding from 441-5111-536-31.90 (W&S/Other Professional Services). 8.L. CONTRACT ADDITION/AQUIFER MAINTENANCE & PERFORMANCE SYSTEMS: Approve a contract addition in the amount of $36,000 with Aquifer Maintenance & Performance Systems, Inc. (AMPS) to increase the annual budget allocation for well rehabilitation and replacement from $30,000 to $66,000.00, with funding from 442-5178-536-61.82 (R&R - Well Rehabilitation/Replacement). 8.M. EASEMENT DOCUMENTS WITH STATE OF FLORIDA FOR MORIKAMI PARK WATER WELLS AND UTILITY LINES: Approve and authorize the Mayor to execute a Certification and two copies of an easement document wherein the Florida Department of Environmental Protec- tion, Division of State Lands, grants to the City an easement for the construction of water wells and the associated water lines and electrical lines at Morikami Park. 8.N. FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Approve funding subsidies in the total amount of $31,045.00 for two (2) income eligible applicants under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP). 8.0. RESOLUTION NO. 18-99: Approve a resolution assess- ing costs for abatement action necessary to remove nuisances from eight (8) properties throughout the City. -5- 4106/99 The caption of Resolution No. 18-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM- PANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOM- PLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 18-99 is on file in the City Clerk's office.) 8.P. RESCIND APPEAL OF SPRAB DECISION/AWNINGS FOR NUTRITION COTTAGE AND MIXED BAG: Rescind the appeal of the March 3, 1999 Site Plan Review and Appearance Board decision regarding the awnings for the Nutrition Cottage and the Mixed Bag located at 407 and 411 East Atlantic Avenue. 8.Q. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 15th through April 2, 1999. 8.R. AWARD OF BIDS AND CONTRACTS: 1. Contract award in the amount of $523,251.00 to Insituform Technologies, Inc., via an existing Broward County contract, for trenchless rehabili- tation of the gravity sewer system serving Lift Station 5, with funding from 442-5178-536-63.51 (R&R/Sewer Mains). 2. Contract award in the amount of $15,530 to Murray Logan Construction, Inc., via an existing Palm Beach County contract, to provide labor and equipment for the rehabilitation of Lift Station 52 (the City will provide all materials), with funding from 442-5178-536-61.83 (R&R/Lift Station Conversion to Submersible). 3. Purchase award in the amount of $60,559.00 to Perkin Elmer, via GSA contract, for the purchase of an Atomic Absorption Instrument for the Water Treatment Plant. This is an accelerated replace- ment purchase for Year 2000 compliance, with -6- 4/06/99 funding from 442-5178-536-61.76 (R&R/Equipment Replacement Program). 4. Contract renewal with Chemical Lime Company, via City of Boynton Beach co-op bid, for the purchase of bulk quicklime for the Water Treat- ment Plant at an estimated annual cost of $264,762.00, with funding from 441-5122-536-52.21 (Water Treatment & Storage/Chemicals) out of the FY 2000 budget. 5. Contract renewal with Jones Chemical Inc., via City of Boca Raton co-op bid, for the purchase of liquid chlorine for the Water Treatment Plant at an estimated annual cost of $58,750.00, with funding from 441-5122-536-52.21 (Water Treatment & Storage/Chemicals) out of the FY 2000 budget. 6. Purchase award in the amount of $23,757.75 to Otto Industries, Inc. for the purchase of 581 Otto MSD-682 (68 gallon) garbage carts, with funding from 443-3711-534-49.35 (Cart Renewal & Replacement). 7. Ratification of emergency purchase in the amount of $14,200 to Florida Diesel Truck and Marine Services, Inc. for the repair of Fire Department Vehicle #9250, a 1992 Pierce Ladder Truck, with funding from 501-3311-591-52.52 (City Garage - Outside Services). Mr. Randolph moved to approve the consent agenda as presented, seconded by Mrs. Archer. Upon roll call the Commis- sion voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. CONDITIONAL USE REQUEST/CREATIONS OF PINEAPPLE GROVE (BAZAAR IN THE FORMER WINN DIXIE BUILDING): Consider a request for conditional use approval to allow the establishment of a bazaar (Creations of Pineapple Grove) within the former Winn Dixie building located at the northeast corner of Pineapple Grove Way (N.E. 2nd Avenue) and N.E. 1st Street. QUASI-JUDICIAL PROCEEDING The City Attorney stated this item will be conducted as a quasi-judicial proceeding which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. -7- 4/06/99 Diane Dominguez, Director of Planning and Zoning, entered the project file into the record. She stated the re- quest involves the conversion of the former Winn Dixie building on N.E. 2nd Avenue (Pineapple Grove Way) into a home furnishing and accessory emporium or bazaar. It also includes the addition of 8,000 sq.ft, of office and this will be built in a new second story that would be constructed over the existing parking lot that is on the south side of the building. Also, the developer will provide a major pedestrian connection from N.E. 2nd Avenue to the building consisting of a winding pathway of paver blocks and landscaping. They are also including extensive use of paver blocks' in the driveway and pedestrian way that runs north and south adjacent to the building that would be in the current alleyway that runs in front of the building. The building is to be totally upgraded, including major changes to the facade. The interior will be comprised of individual booths that will be used to display merchandise from various vendors, and also will include a food and beverage area. There will be design services available to customers, although there will not be any sales conducted at the individual booths. All of the sales will occur at designated locations and all merchandise will be purchased from employees of the Creations business itself and not the individual vendors. Hours of operation are proposed to be basically 9:00 a.m. to 9:00 p.m., although that may vary some- what over time. Ms. Dominguez continued that the Planning and Zoning Board held a public hearing on March 15th and recommended approv- al, subject to conditions. There was also an associated alley abandonment that will be coming forward at a future meeting. There were a number of issues associated with the alley abandon- ment, but after meeting with the applicant most of the outstand- ing issues have been resolved. Ms. Dominguez noted that the Planning and Zoning Board had recommended denial of the alley abandonment because of some access concerns. But the alley is a critical part of this development and staff believes the situa- tion has been worked out. The Board did recommend approval of the conditional use request, subject to the following conditions: (1) That the site plan be in general conformity to the sketch plan and incorporate recommendations made in this report and the report for the alley abandonment. (2) That the use be restricted to the following: "The sale of antiques, arts, crafts, furniture, giftware, paint- ings, .sculpture, flowers, plants, and home furnishings, with associated food and beverage sales. Further, all sales are to occur at central locations with the exception of food and beverage sales). There shall be no outside display of goods or merchandise unless associated with a special event approved by the City Commission.,, (3) That the interior aisle widths conform to the requirements of the fire code. -8- 4/06/99 (4) that the facade be improved in general conformity to th~ plans that were submitted with the application, with additional architectural features provided along the east eleva- tion. (5) That the number of parking spaces be increased by providing more compact spaces. (6) That employees be required to part in the rear of the building. (7) That cross access be provided between the parking pods located in front of the building to provide internal circu- lation. (8) That if the alleyway is abandoned that the alley- way/drive aisle be widened from 16' to 20' with the point of access to the street widened to 24' to accommodate two-way traffic flow. (9) That no more than 4 occupational licenses be issued for Creations and businesses associated with the bazaar (i.e. food & design services). Ms. Dominguez further stated that after staff had met with the applicant, it is requested that one of the conditions be removed (i.e. #7 which has to be with cross access being provided between the parking pods on the site itself). The applicant feels very strongly that it will interfere with their pedestrian connection and, after having worked out some of the other issues, staff feels they are probably right about that and are asking that that condition not be imposed. At this point, Jeff Kurtz, attorney representing the Pugliese Company, gave a presentation outlining the proposed redevelopment of the former Winn Dixie property. He presented the architect's rendering of the project and stated that he felt the proposed use will greatly enhance the site and be a major part of the revitalization of the Pineapple Grove Main Street project. The proposed use has been before the Pineapple Grove Main Street Board, the Downtown Development Authority, and the Community Redevelopment Agency, and they have all favorably passed on it. He explained how the interior of the building will be laid out to accommodate marketing needs, and emphasized that the employees who will be dealing directly with customers will be employees of Creations with no individual sales at the individual spaces within the emporium. In addition, with all of the pavers and landscaping in front of the building, it is expected to bring pedestrians from the street to the building through what will be a park-like setting. The present plan shows 124 spaces which does meet the code requirement. Mr. Kurtz expressed his appreciation to staff for the fine manner in which they have worked with.the applicant to arrive at a quality produc~. -9- 4/06/99 Speaking from the audience were the following: Bill Branning, President of Pineapple Grove Main Street, stated that the Board of Pineapple Grove has overwhelm- ingly approved this project. It is will be terrific for the neighborhood and is just the kind of business Pineapple Grove has been hoping to have come into the neighborhood to bring people in to increase the economic base. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. On question from Commissioner Archer, Francisco Perez, project architect, explained that the interior walls will be solid. The layout will be planned ahead of time as to what the subdivision of the spaces are going to be; however, while they will be permanent walls, they would be flexible enough so that at som~ point they could be rearranged if necessary for future tenants. In response to question from Mayor Alperin, Mr. Kurtz stated that the grid pattern is laid out so that there are 140 spaces. In response to Mayor Alperin's inquiry that the esti- mate is that no more than 10 to 20 employees will be needed to run the facility, Mr. Kurtz stated that is the estimate based on 23,000.sq.ft. of retail space. Mr. Kurtz further explained that the actual setting up of the various displays of the various areas will be done by suppliers, artists, designers or whoever, and that will be done during off hours. This is not unusual with respect to a retail operation. Both Mayor Alperin and Mr. Schmidt noted for the record that with the exception of antiques, the zoning regula- tions in this particular location prohibit the sale of used goods or secondhand items. Mrs. Archer moved to approve the conditional use request for Creations of Pineapple Grove (Bazaar in the former Winn Dixie building), based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E) (5) of the Land Development Regulations, and the policies of the Comprehen- sive Plan, subject to conditions (1) through (9) recommended by the Planning and Zoning Board, with the exception of condition (7). The motion was seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. 9.B. PROMOTIONAL CONTRACT WITH DISCOVER PALM BEACH COUNTY, INC. d/b/a CONVENTION AND VISITORS BUREAU: Consider approval of a Contract for Consulting/Professional Services between Discover Palm B.each, Inc. d/b/a Convention and Visitors Bureau and the City to promote tourism in Palm Beach County in association with the tennis tournament to be provided under the City's agreement with Matchpoint, Inc. Mr. Brahm Dubin, manager of the tennis center, stated the agreement is for three years and provides for the County to pay $85,000 to the City for each of those three years for cer- tain advertising and promotional opportunities in connection with the Matchpoint tournament. Mr. Schmidt moved to approve the Contract for Consult- ing/Professional Services with Discover Palm Beach, Inc. d/b/a Convention and Visitors Bureau, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.C. AMENDMENT #1 TO AGREEMENT WIT~ MATC~POINT, INC. Mr. Dubin explained that the most important change to the contract is the taking out of the two 30-second television spots for Delray Beach which will be replaced by two 30-second canned spots which do not include Delray Beach. However, he guaranteed there will be exposure of the City on national and international television; it just will not be in a 30-second commercial. The City Attorney stated that exhibit "B" to the agreement with Matchpoint sets forth specifically what the City is getting, and included in there is recognition on billboards and panoramic promotions. Mr. Schmidt moved to approve Amendment #1 to the agreement with Matchpoint, Inc., seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.D. SPECIAL EVENT REQUEST/CYSTIC FIBROSIS FOUNDATION 10K WALK: Consider a request from the Cystic Fibrosis Founda- tion for special event approval to hold a 10K health walk on Saturday, May 15, 1999, including temporary use permit for use of City rights-of-way, staff assistance, parking fee waiver and 50/50 ~plit of overtime costs. Robert A. Barcinski, Assistant City Manager, presented an overview of the special event request for the 10K health walk. The maximum estimated overtime is $2,000.00. The staff recommendation is for approval and endorsement of the health walk, including the temporary use permit, staff support, the parking fee waiver, and 50/50 split of the overtime costs since this is a charitable event, subject to the provision of liabili- ty insurance and a hold harmless agreement acceptable to the City Attorney. -11- 4/06/99 Mr. Randolph moved to approve the special event re- quest for the Cystic Fibrosis Foundation 10K Walk as recommended by staff. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.E. SPECIAL EVENT REOUEST/1ST ANNUAL GARLIC FESTIVAL: Consider a request for special event approval to hold the 1st Annual Garlic Festival on Saturday and Sunday, October 16 and 17, 1999, including a temporary use permit for use of City rights-of-way, a waiver to allow signs more than one week prior to the event, staff support and 50/50 split of overtime costs. Robert A. Barcinski, Assistant City Manager, presented an overview of the special event request. The staff support would involve barricading, security, stage set-up, banner hang- ing and various other assistance. Mr. Barcinski recommended against the request for assistance to remove the car stops from the festival area. This would leave metal rods exposed (safety problem) and would be labor intensive. He further stated that the event sponsor will be responsible for the liability insur- ance and hold harmless agreement. The estimated overtime for this event is $5,100.00. Proceeds from the event are to go to Pineapple Grove Main Street and the Historic Green Market. Staff recommends approval of the request and consideration of splitting the overtime costs 50/50 due to the fact that this is a first time fundraising event. Mr. Schmidt asked if the Community Redevelopment Agency had been approached about making any kind of financial contribution toward the cost of the event since it is proposed to take place in the CRA area? In response, Nancy Stewart (Executive Director of the Garlic Festival) stated that the CRA has agreed to the use of their parking lot and the electric for the event. A deposit has been paid for the lease of the lot. Mr. Schmidt stated that if an event is taking place in a CRA area where redevelopment is being encouraged and an event like this is being proposed, he felt the CRA should be making a contribution towards it. The City keeps being asked to support more and more of these special events and the CRA is not contrib- uting financially. Mayor Alperin concurred with Mr. Schmidt's comments. While he would agree to go along with the 50/50 overtime split for this year, he would not want to see the request come back again without some CRA participation. The City Manager pointed out that the event is not going 'to be held until October, 1999, so if the Commission wanted to ask the CRA to fund half of the overtime costs instead of the City there is still time to deal with that issue. -12- 4/06/99 Mr. Schmidt moved to approve the special event request for the 1st Annual Garlic Festival as recommended by staff, except for the 50/50 overtime split which subsidy will be re- quested from the Community Redevelopment Agency. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes;'Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.F. SPECIAL EVENT REQUEST/CINCO DE MAYO FIESTA: Consider a request for special event approval to hold a Cinco De Mayo Fiesta at the Ocean City Lumber complex on Sunday, May 2, 1999, including use of the large City stage, staff support for securi- ty and waiver of overtime costs. Robert A. Barcinski, Assistant City Manager, presented an overview of the request. The event will be held at the Ocean City Lumber complex from 2:00 p.m. until 7:00 p.m. No temporary use permit is necessary as there will be no street closures. The event sponsors are requesting staff support for set-up and take down of the large stage, for security, and to waive the City's costs. The estimated cost for Police security is $625. The Cinco de Mayo Fiesta is a celebration in recognition of the date Mexican soldiers defeated the French at Puebla, Mexico, and is a party that represents freedom and liberty. The organizing committee is composed of Hispanic residents of Delray Beach. Mrs. Archer commented that she had the opportunity to meet with the event organizers who are working very hard to make this a regular event in the community. She felt this was a fine opportunity for the City Commission to provide some small assis- tance to them in order to showcase another of the City's ethnic communities. The City Manager noted that the City has to be careful it does not violate the Fair Labor Standards Act. It may be best to have the event sponsor pay the Police officers and have the City reimburse them through a donation to the fiesta rather than simply waiving the charge. He stated he and the City Attorney would work on this before the event. Mr. Randolph moved to approve the special event re- quest for the Cinco de Mayo Fiesta as recommended by staff. The motion was seconded by Mrs. Archer. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:05 p.m., the Commis- sion moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: -13- 4/06/99 10.A. ORDINANCE NO. 9-99: An ordinance amending Chapter 100, "Nuisances", of the City Code to clarify and amend certain procedures and notice requirements regarding abatement of nui- sances, and to provide for the abatement of recurring nuisances in a ~imely manner. 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. 9-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 100, "NUISANCES", SUBHEADING "GENERAL PROVI- SIONS'', SECTION 100.01, "EXISTENCE OF WEEDS, TRASH AND VEGETATION UPON LANDS PROHIBITED", SUBSECTION 100.01(D), TO PROVIDE CLARIFICA- TION OF THE TERMS 'LOT' 'PARCEL' AND 'TRACT'; BY AMENDING SUBHEADING "ABATEMENT PROCEDURES", BY REPEALING SECTION 100.21, "NOTICE OF VIOLATION REQUIRED", AND ENACTING A NEW SECTION 100.21, "NOTICE OF PUBLIC NUISANCE REQUIRED", TO PROVIDE FOR METHODS OF SERVICE OF NOTICES, COUNTY COURT CITA- TIONS AND NOTICES TO APPEAR; BY REPEALING SECTION 100.22, "CONTENT AND FORM OF NO- TICE'', AND ENACTING A NEW SECTION 100.22, "CONTENT AND FORM OF NOTICE OF PUBLIC NUI- SANCE'', TO PROVIDE FOR A COMPLIANCE PERIOD, ASSESSMENT OF COSTS, ABATEMENT OF NUISANCES RECURRING WITHIN A 12-MONTH PERIOD WITHOUT PRIOR NOTICE AT THE OWNER'S EXPENSE, APPEL- LATE PROCEDURES, AND APPROVAL OF NOTICE FORM AND CONTENT BY THE CITY ATTORNEY; BY REPEAL- ING SECTION 100.23, "HEARING", AND ENACTING A NEW SECTION 100.23, "NOTICE OF RECURRING NUISANCE ABATEMENT REQUIRED; CONTENT AND FORM", TO PROVIDE FOR SERVICE PROCEDURES, CONTENT OF NOTICE, DEFINITION OF RECURRING NUISANCE, APPELLATE PROCEDURES, COST ASSESS- MENT AND APPROVAL OF NOTICE FORM AND CONTENT BY THE CITY ATTORNEY; BY REPEALING SECTION 100.24, "ABATEMENT BY THE CITY", AND ENACT- ING A NEW SECTION 100.24, "ABATEMENT BY THE CITY", TO PROVIDE FOR INCREASES AND DECREAS- ES IN COSTS AND ALTERNATIVE ABATEMENT PROCE- DURES; BY AMENDING SECTION 100.25, "ABATE- MENT BID PROCEDURES", TO PROVIDE FOR SECUR- ING BIDS EVERY TWO YEARS FOR SERVICES TO ABATE NUISANCES; PROVIDING A GENERAL REPEAL- ER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. -14- 4/06/99 (The official copy of Ordinance No. 9-99 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 Alperin declared the public hearing open. There being no one who wished to address the Commission on this item, the public hearing was closed. Mr. Schmidt moved to approve Ordinance No. 9-99 on Second~and FINAL Reading, seconded by Mr. Wright. Prior to roll call, Mr. Randolph discussed the reasons why he had voted against this ordinance on first reading. He is especially concerned about property owners who have no control over the illegal dumping of garbage and trash on their land, and then they are the ones who end up being penalized. Also, that nuisances which recur in a 12-month period can be immediately abated, without the necessity to first mail a notice. In some cases this may be appropriate if you are dealing with the people who just don't care, but as a property owner who has had prob- lems with illegal dumping he felt there was too much potential for abuses against property owners who do care but are caught in a Catch-22 situation. Lula Butler, Director of Community Improvement, ac- knowledged Commissioner Randolph's concern. The problem of reoccuring illegal dumping is a serious issue for which there is no easy solution. One thing that staff tries to do is establish personal contact with the property owner, if they are local, before the nuisance is abated. The ordinance is intended to target the absentee owner situations where the City basically maintains the property on an ongoing basis without having to go through due process on every single case. Mrs. Butler pledged that her department will do everything possible to make sure that if an owner is local, they will be notified in advance of the City doing any abatement. Mayor Alperin, too, acknowledged Mr. Randolph's con- cern. He felt, however, that the ordinance should be passed although staff must be very sensitive to the individuals who are being victimized by the illegal dumping and are not responsible for causing the problem. At this point, the roll was called to the motion. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 10-99: An ordinance amending Chapter 8, "Special Implementation Programs", of the Land Development -15- 4/06/99 Regulations by repealing Article 8.4, "Public Improvements and Special Assessments", in its entirety and enacting a new Article 8.4, "Special Assessments", to clarify the process of making and adopting special assessments. 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. 10-99: THE ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 8, "SPECIAL IMPLEMENTATION PRO- GRAMS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY REPEALING ARTICLE 8.4, "PUBLIC IMPROVEMENTS AND SPE- CIAL ASSESSMENTS", IN ITS ENTIRETY AND ENACTING A NEW ARTICLE 8.4, "SPECIAL ASSESS- MENTS'' TO CLARIFY THE PROCESS OF MAKING SPECIAL ASSESSMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No.10-99 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 Alperin declared the public hearing open. Jean Beer, President, Progressive Residents of Delray, 2145 S.W. 26th Terrace, stated she was disturbed by the inclu- sion of a sentence in the ordinance which would allow the City Commission to levy and collect special assessments for such things as fire protection, emergency medical services and gar- bage ~isposal. Mrs. Beer questioned why residents are paying property taxes in the City and then could be special assessed for services which are paid for through the regular tax levy. Mrs. Beer strongly objected to this provision in the proposed ordinance. Mayor Alperin commented that a circumstance may arise where a neighborhood or development may want special services over and above those which are provided as a matter of course. This provision in the ordinance would allow the City to provide such special services, but they would have to pay more for them through a special assessment district. There being no one else who wished to address the Commission on Ordinance No. 10-99, the public hearing was closed. -16- 4/06/99 The City Manager suggested striking 'fire protection and emergency medical services' from the last paragraph on page 2 of Ordinance No. 10-99. The City certainly has no plans or intentions for special assessments for providing those particu- lar services. If we ever did, for some reason, the ordinance could be brought back for revision. It is not needed now and if it is raising concerns needlessly, just strike it out. Mr. Schmidt moved to approve Ordinance No. 10-99 on Second and FINAL Reading, as amended by deleting 'fire protec- tion and emergency medical services' in the last paragraph on page 2' of the ordinance. The motion was seconded by Mrs. Ar- cher. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Aqenda Items from the Public - Immediately followinq Public Hearings. 11.A. City Manager's response to prior public comments and inquiries. The City Manager stated there were questions raised at the last meeting about the effect of the changes approved to Chapter 52 of the City Code governing garbage and trash. There was concern about whether the liens that could be assessed might ultimately result in lawsuits and City ownership of affected properties, and concern about the maintenance of City-owned lots. In response, the City Manager stated that the amendments to Chapter 52 provide for assessment of a fee for garbage, trash, debris, bulk items and recycled materials that are placed at curbside on a day other than the scheduled pick up day, and also allows the ability to assess a fee and lien properties if those charges are not paid. Staff is keenly aware of the need to educate residents about the use of the new clamshell truck and t~e charges that can be assessed against properties that have put things out for pickup on a day other than the regular pickup day. Dissemination of information about the new proce- dures is planned to begin early this month. The intent is to phase in the procedure gradually, with no billing being done until after several notices have been given to affected proper- ties. The City Manager continued that staff is not aware of any case where the City has ever foreclosed on any nuisance abate- ment liens originating from trash removal, lot mowing, abandoned vehicle removal or demolition activities. Further, the City owns very few vacant lots. The concern expressed may be with what is purchased by the CRA and staff will look at this fur- ther. The City does get a few lots each year from the County that have been forfeited for taxes. Those, in turn, are either given to Habitat for Humanity or otherwise made available for construction of new homes. -17- 4/06/99 11.B. From the Public. ll.B.1. Alice Finst, 707 Place Tavant, referred to Resolution No. 42-98 concerning the widening of Lake Ida Road between Congress Avenue and Military Trail as adopted by the City Commis- sion in July, 1998. She stated the resolution basically sup- ports the four-laning provided the County works cooperatively with City staff in the design of the roadway, including land- scape medians and traffic calming which may be appropriate to mitigate the impact of the widening on adjacent residential properties. Mrs. Finst continued that on February 16, 1999, a letter was written to the City Manager from the Director of Environmental Services concerning the Lake Ida Road widening status. Part of the letter reads that the Environmental Servic- es Department had been advised the project is under design by a County consultant with a planned completion date of October, 1999, and that the roadway is being designed as a four lane divided section similar to the widening project east of Congress Avenue; with no traffic calming features being proposed in the current design. Mrs. Finst stated that the resolution specifi- cally said there would be traffic calming and that the design would be done cooperatively between the City and the County, yet there is an outside consultant making a plan for Lake Ida Road which does not fit the design parameters stated in the resolu- tion that the City Commission adopted. Mrs. Finst asked for assurances that traffic calming measures would be included in the design and that someone be designated to see that the guide- lines set forth in the City's resolution are met. 11.B.2. Sylvia Cohen, 544 N.W. 47th Avenue, also spoke concern- ing the widening of Lake Ida Road between Congress Avenue and Military Trail. Ms. Cohen stated she did not feel the City provided a good planning process for this project and that there should have been wide publication and notification for public participation, including workshops and community meetings. Recognizing the Lake Ida Road widening as a contentious issue, she felt the results would have been better had the City encour- aged greater involvement from the outset from amongst the neigh- borhoods that will be directly affected by the widening. 11.B.3. Shirley Johnson, 701 N.W. 4th Street, thanked the City Manager for his response to the questions she posed at the last meeting about the potential impacts of the new garbage and trash ordinance. She also asked if additional copies of the agenda could 'be made available for the public outside of the City Commission Chambers. 11.B.4. Gerald DeFoe, 142 Mockingbird Lane, Country Manors, commented that the four-laning of the Lake Ida Road segment between Congress and Military will not only alleviate the gener- al traffic congestion along the road, but will also help with emergency vehicles being able to exit a bit faster from Fire Statio~ #4 at Barwick and Lake Ida Roads in response to calls. -18- 4/06/99 12. FIRST READINGS: 12.A. ORDINANCE NO. 15-99: An ordinance rezoning a parcel of land from R-1-A (Single Family Residential) to CF (Community Facilities) District for an expansion of Bar and Ferg's Academy, a private school facility. The subject property is located on the south side of Sterling Avenue, approximately 150 feet west of South Swinton Avenue, and contains 0.70 acres. If passed, a quasi-judicial public hearing will be scheduled for April 20, 1999. The City Manager presented Ordinance No. 15-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (RESIDEN- TIAL SINGLE FAMILY) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOTS 2 THROUGH 7, INCLUSIVE, BLOCK 2, PLAT 1 OF 2, SOUTHRIDGE, LOCATED ON THE SOUTH SIDE OF STERLING AVENUE, APPROXIMATELY 150 FEET WEST OF SOUTH SWINTON AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 15-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mrs. Archer moved to approve Ordinance No. 15-99 on FIRST Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission returned to the regular agenda and resumed with Item 9.G. 9.G. DEED OF CONSERVATION EASEMENT & AGREEMENT FOR RESTORA- TION/M~TIGATION/THE ESTUARY: Consider approval of the Deed for Conservation Easement granting to the South Florida Water Manage- ment District a perpetual conservation easement over the City- owned parcel of land to be used as a mitigation area for The Estuary project, together with an agreement between the City and Delray Estuaries, L.C. as to the initial and future maintenance requirements of the mitigation area. On question from Mr. Wright, the City Manager ex- plained the history of the City-owned parcel in that it came to us from The Nature Conservancy through Palm Beach County. It -19- 4/06/99 has a permanent conservation easement on it and must be used for park purposes and maintained pretty much as it exists. The City Manager further stated it is to the City's advantage that the developer is going in there and restoring the wetland, removing all of the exotic vegetation and doing things that the City would ultimately have to do if they are not done by the develop- er. Mrs. Archer asked if there is any potential for the property to be used as a park at some point in the future so that people could see the wetlands or would this be prohibited because of the conservation aspect? In response, the City Manager stated something could be done where there could be some access although any use of the property would be very limited. Mr. Shutt, Assistant City Attorney, noted that approval would first have to be obtained from the South Florida Water Manage- ment District, but they have been put on notice that the City may want to do something along this line in the future. Upon further discussion, Mrs. Archer moved to approve the Deed of Conservation Easement and the Agreement for Restora- tion/Mitigation at Delray Parksite with Delray Estuaries, L.C., seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mrs. Archer Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.H. COMPREHENSIVE FACILITY ASSESSMENT/RANKING FOR ATLAN- TIC HIGH SCHOOL MODEP. NIZATION FUNDING: Consider accepting the Education Board's recommendation to support a ranking of second or third for modernization funding for Atlantic High School, and authorize forwarding same to the Palm Beach County School Board. After discussion, Mr. Schmidt moved to accept the Education Board's recommendation and forward same to the Palm Beach County School Board. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.I. SERVICE AUTHORIZATION ~4/ECKLER ENGINEERING: Consider approval of Service Authorization #4 in the amount of $14,000 to Eckler Engineering for consulting services necessary to prepare an engineering report analyzing the force main network associat- ed with Lift Station 80, with funding from 442-5178-536-31.30 (R&R/Engineering & Architectural). Richard Hasko, Director of Environmental Services, explained that Lift Station 80 is the regional lift station located on the north side of Lake Ida Road, just west of the L-31 Canal. Under the proposed service authorization, Eckler Engineering will prepare a computerized hydraulic model to be used to evaluate improvements to the Life Station 80 force main -20- 4/06/99 system. The model will be used to evaluate piping improvements to the existing force main system required to eliminate double pumping, long inefficient pumping routes, and a section of deteriorating 24-inch gravity sanitary collection system located along Lake Ida Road just west of Lift Station 80. The ultimate goal of the modeling project will be to provide the City with the information necessary to recommend force main system improve- ments consisting of the addition of new sections of force main piping and pumping capacity improvements required at the impact- ed lift stations. Mr. Randolph moved to approve Service Authorization #4 in the amount of $14,000 to Eckler Engineering, Inc., seconded by Mr. Schmidt. Upon roll call the Commission voted as fol- lows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. 9.J. PURCHASE AWARD TO TURNER OUTDOOR EQUIPMENT FOR TWO TRACK MOWERS: Consider approval of a purchase award in the amount of $13,083.04 to Turner Outdoor Equipment (second low quote) for the purchase of two (2) John Deere track mowers to replace existing mowers in the Water and Sewer Maintenance Division, with funding from 442-5178-536-61.76 (R&R/Equipment Replacement Program). The City Manager noted this item is on the regular agenda because the recommendation is to award to the second low bidder. The low bid came in at $13,046 which is $37.04 less than Turner Outdoor Equipment's quote of $13,083.04. The low bidder is located in West Palm Beach while Turner Equipment is a local company with the ability to provide faster and more conve- nient Dervice and maintenance for the mowers. Mrs. Archer moved to approve the purchase award to Turner Outdoor Equipment, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.K.. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint three (3) regular members and two (2) alternate members to the Nuisance Abatement Board, all for two year terms ending March 31, 2001. The regular member appointments will be made by Commissioner Schmidt, Commissioner Archer and Commissioner Wright, while the alternate member appointments will be made by Commissioner Randolph and Mayor Alperin. Mr. Schmidt moved to appoint Shirley Johnson to the Nuisance Abatement Board as a regular member for a two year term ending March 31, 2001. The motion was seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 4/06/99 Mrs. Archer moved to appoint Russell Jennings to the Nuisance Abatement Board as a regular member for a two year term ending March 31, 2001. The motion was seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. schmidt - Yes. Said motion passed with a 5 to 0 vote. Mr. Wright moved to reappoint Daryl Nathanson to the Nuisance Abatement Board as a regular member for a two year term ending March 31, 2001. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Prior to roll call, Mrs. Archer expressed some concern about Mr. Nathanson's attendance record noting that he had attended only one of the four Nuisance Abatement Board meetings held in 1998. Mr. Wright stated he would contact Mr. Nathanson to relay the concern and discuss with him the importance of attendance at the board meetings. Mr. Randolph asked that his appointment of an alter- nate member be postponed to the April 20th regular meeting. Mayor Alperin stated he wished to reappoint Edward Ostrowski to the Nuisance Abatement Board as an alternate member for a two year term ending March 31, 2001. Mrs. Archer so moved, seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright Yes. Said motion passed°with a 5 to 0 vote. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manaqer. In response to Commissioner Archer's previous comment about a broken sidewalk on South Swinton Avenue, the City Manag- er reported that it was caused by tree roots. It has been barricaded off and is in the process of being repaired. In response to Commissioner Archer's inquiry about the impact to the City of Florida Power & Light's rate reduction, the City Manager stated that we were projecting surpluses of $119,000 for utility tax and $100,000 for franchise tax at the current rates. With the rate reductions, it is expected we will still be on budget, just not have any surplus in those two line items. Reporting on the recent Palm Beach County League of Cities' meeting, the City Manager stated the Adult Entertainment Task Force at the County level was basically killed since the League of Cities decided not to make any appointments to it. There was a concern that cities were being put in a very awkward -22- 4/06/99 position in that the County was taking the position that the cities had asked for the task force when really only one city had asked for it. There was not a general consensus among the cities about how to tackle the issue so the League did not make any appointments. The Assistant County Administrator who was present at the meeting said that would kill the whole thing. There was also a beach funding report which was accepted and referred to the environmental committee. Basically there is no action required at this time because of things that have happend at the state and federal level. It looks like there will not be a need to raise additional County funds, but this is an issue that the League of Cities will continue to monitor. 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Commissioner Sc~midt had no comments or inquiries. 13.C.21 Commissioner Archer had no comments or inquiries. 13.C.3. Commissioner Wright had no comments or inquiries. 13.C.4. Commissioner Randolph had no comments or inquiries. 13.C.5. Mayor Alperin commented that the City had submitted an application concerning our volunteer and walking patrols at the Police.Department to the U.S. Conference of Mayors City Liveabil- ity Awards Program which ranks some of the more liveable cities in the country. He announced we are among the finalists for small cities, and will be submitting a final application for that program. As an interesting aside on sidewalks, Mayor Alperin stated that while he was out of the country one of the experienc- es he had was that a member of his travel group tripped on a huge hole in a sidewalk. After that and for the rest of the trip, everybody paid attention to the streets and sidewalks because they were in such bad repair nearly everywhere his group went. On asking some officials in various cities if they were worried about lawsuits, Mayor Alperin found it interesting that they were not; they expected people to take care of themselves and watch where they are going. They thought it was crazy for us to have the lawsuits we have in this country for cracked sidewalks. There being no further business, Mayor Alperin de- clared the meeting adjourned at 8:20 p.m. -23- 4/06/99 ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission of April 6, 1999, which minutes were formally approved and adopted by the City Commis- NOTE TO RE~ER: If the minutes you have received are not com- pleted 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. -24- 4/06/99