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03-17-98 MARCH 17, 1998 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jay Alperin in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, March 17, 1998. 1. Roll call showed: Present - Commissioner Kevin Egan Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner David Schmidt 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 Commissioner David Randolph. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mr. Schmidt moved to approve the agenda as presented. The motion was seconded by Mr. Egan. Upon roll call the Commis- sion voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Mr. Schmidt moved to approve the Minutes of the Regular Meeting of March 3, 1998, and the Minutes of the Special Meeting of March 10, 1998, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations= 6.A. Recognizing and commending 1998 Senior Games Medal Winners. Mayor Alperin read and presented a proclamation in recognition of the achievements of the 1998 Senior Games medal winners, as follows: Dr. Syd Sude - 10 Gold Medals (5 in track and field, 4 in swimming and 1 in basketball skills) Ann McGuire - 6 Gold Medals (5 in swimming and 1 in golf) Herbert Furash - 5 Medals (3 gold and 2 silver, all in swimming) Stanley Corwin - 4 Medals (3 gold and 1 silver, all in track and field) John Crutcher - 3 Gold Medals (2 in badminton and 1 in health walk) Elaine Kaplan - 3 Gol Medals (1 in tennis, 1 in health walk and 1 in table tennis) 6.B. Recognizing and commending Rose McGovern as the 100th Graduate of the C.E.R.T. Program and on the occasion of her 95th Birthday. Mayor Alperin read and presented a proclamation recog- nizing and commending Rose McGovern for her exemplary example of volunteerism and for her willingness to become involved with a program designed to provide assistance to fellow community members. Further, Mayor A1perin extended best wishes and con- gratulations on the occasion of her 95th birthday, recognizing her as a fine example of the true spirit of the Delray Beach community. 7. Presentations: 7.A. Presentation of EMS County Grant Award by the Delray Beach Fire Department. Robert Rehr, Fire Chief, presented a check in the amount of $56,000 as the 1997 EMS Grant Award from Palm Beach County for the enhancement and expansion of emergency medical services. These funds will be used to purchase six (6) new LifePak 11 devices which provide enhanced cardiac monitoring, cardiac pacing, electronic defibrillation and 12 lead interpreta- tion with diagnostic capabilities. This new technology will aid the City's paramedics in treating citizens with accurate cardiac pre-hospital treatment and will be a valuable addition to help in saving lives. 7.B. Presentation of the 1997 City Golf Championship Awards Sandra Eriksson, LPGA, and Mayor Alperin presented the following 1997 City Golf Championship awards: Women's Championship - Suzette Hinton Women's First Flight - Trudy Cavallo Women's Seniors - Heschmat Neese Men's Championship - Randy Morcroft 2 03/17/98 Men's First Flight - Paul Malone Men's Second Flight - War Limsakul Men's Seniors - Steve McFarling Men's Seniors First Flight - Mike Sczepanik Men's Super Seniors - Guido Cavallo Men's Super Seniors First Flight - Bill Chwalik, Sr. 7.C. Annual Financial Report by Ernst & Young Joe Safford, Finance Director, briefly addressed the City Commission concerning the recent article in The Sun-Sentinel alleging that the City has financial problems. He could not say where the newspaper got its information, but wanted to assure the Commission that the implication that the City is not financially sound is simply untrue and it is unfortunate that such misinfor- mation ended up being published. At this point, representatives from Ernst & Young came forward to make the FY 1997 Annual Financial Report presentation. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. PALM ACTS, INC./CONSENT: Approve the City's consent to 24-Seven, Inc. acting on behalf of Palm Acts, Inc. in order to meet all the terms and conditions of the contract between Palm Acts and the City. 8.B. RESOLUTION NO. 18-98 (RIGHT-OF-WAY ABANDONMENT FOR EMMANUEL EVANGELICAL LUTHERAN CHURCH): Adopt a resolution abandoning a 25 foot right-of-way located approximately 105 feet west of the intersection of S.W. 6th Street and S.W. 17th Avenue and approximately 117 feet east of 1-95, associated with the establishment of Emmanuel Evangelical Lutheran Church, based on positive findings. The caption of Resolution No. 18-98 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING AN UNIMPROVED TWENTY-FIVE FOOT WIDE RIGHT-OF-WAY LOCATED NORTH OF SoW. 6TH STREET, BETWEEN S.W. 15TH TERRACE AND INTER- STATE-95, AS MORE PARTICULARLY DESCRIBED HEREIN, AND ASSOCIATED WITH THE ESTABLISHMENT OF EMMANUAL EVANGELICAL LUTHERAN CHURCH. (The official copy of Resolution No. 18-98 is on file in the City Clerk's office.) 8.C. CHILD CARE SERVICES PROVIDER APPLICATION FOR TITLE XX FUNDING: Approve, and authorize the Mayor to sign, a provider application to the School District of Palm Beach County for Title XX funding to support the City's After School Program. -3- 03/17/98 8.D. AMENDMENT #002 TO CENTER BASED CHILD CARE AGREEMENT WITH SCHOOL DISTRICT OF PALM BEACH COUNTY: Approve Amendment #002 to the Center Based Child Care Agreement with the School District for the City to provide child care services at Pompey Park, the Community Center and the Delray Full Service Center. 8.E. FINANCIAL ASSISTANCE AGREEMENT WITH PALM BEACH COUNTY FOR MILITARY TRAIL MEDIAN BEAUTIFICATION: Approve a financial assistance agreement between the City and Palm Beach County which provides for reimbursement to the City of up to 50% (not to exceed $10,000) for eligible landscape improvements to the medians on Military Trail between Linton Boulevard and the C-15 Canal. 8.F. AUTHORIZATION FOR LETTERS IN SUPPORT OF SUPERFUND REFORM LEGISLATION: Authorize the Mayor to sign letters urging our United States Congressional members to enact Superfund reform legislation this year. 8.G. SUPPLEMENTAL AGREEMENT WITH ACCURATE LOCATING, INC./LINTON BOULEVARD UTILITIES: Approve a supplemental agree- ment with Accurate Locating, Inc. to perform additional explor- atory test holes to locate underground utilities along Linton Boulevard between Congress Avenue and Military Trail. The supplement is in the amount of $2,730.00, bringing the total agreement amount to $12,315.00, with funding from 441-5111-536-31.90. 8.H. CHANGE ORDER #1 AND FINAL PAYMENT/LUCAS MARINE CON- STRUCTION (ATLANTIC DUNES BOARDWALK REPLACEMENT): Approve Change Order #1 in the amount of $6,479.20 and final payment in the amount of $27,204.65 to Lucas Marine Construction, Inc. for completion of the Atlantic Dunes boardwalk replacement project; with funding from 334-4170-572-63.48. 8.I. RESOLUTION NO. 20-98: Adopt a resolution assessing costs for abatement action required to remove junked vehicles from five (5) properties throughout the City. The caption of Resolution No. 20-98 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFEC- TIVE 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 03/17/ 8 UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (The official copy of Resolution No. 20-98 is on file in the City Clerk's office.) 8.J. RESOLUTION NO. 21-98: Adopt a resolution assessing costs for abatement action required to remove nuisances on 22 properties throughout the City. The caption of Resolution No. 21-98 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 AND PROVID- ING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTER- EST ON ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 21-98 is on file in the City Clerk's office.) 8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 2nd through March 13, 1998. 8.L. RESCIND BID AWARD AND AWARD TO NEXT LOW BIDDER/SHIP PROGRAM: Rescind bid award to A.F. Dozer Construction Company in the amount of $22,291.50 approved Pebruary 17, 1998, and award to the next iow bidder, Henry Haywood, in the amount of $22,874.25 for the rehabilitation of an owner-occupied housing unit at 502 S.W. 7th Avenue, with funding from 118-1924-554-49.19. 8.M. AWARD OF BIDS AND CONTRACTS: 1. Bid award in the amount of $15,418.00 to Martin Fence Company, via Broward County Contract, for the purchase and installation of chain link fencing at Pompey Park, with funding from 001-4127-572-63.40 (Pompey Park Recreational Improvements) and 115-4924-572-49.90 (Parks & Recreation Special Projects). -5- 03/17/98 2. One year contract renewal with Jones Chemical and Acme Utility Products, via City of Boca Raton Co-op Bid, for the purchase of liquid chlorine, sodium hypochlorite and calcium hypochlorite at an estimated annual cost of $96,403.50; with funding from 441-5122-536-52.21 ($93,223.50) and 441-5144-536-52.21 ($3,180.00). 3. Bid awards for replacement of City vehicles from various vendors under State of Florida contract as specified in Attachment "B", and Florida Sheriff's Association contract as specified in Attachment "C". Funding is from City Garage Account #501-3312-591-64.20. Commission is also requested to cancel the award of a 12-passenger van from Ed Morse Chevrolet North approved on March 3, 1998. Mr. Ellingsworth moved to approve the Consent Agenda, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. INGRA/L%M AVENUE PARKING LOT: Provide direction con- cerning the mix of metered spaces, permit only spaces, and Sandoway House/volunteer spaces to be assigned in the Ingraham Avenue parking lot. Robert A. Barcinski, Assistant City Manager, stated that on February 18, 1997, the City Commission designated the Ingraham Avenue parking lot as a permit only lot and directed staff to monitor the lot over a one year period to determine utilization. The Police Department has done spot checks at different points in time and at different times of the year. The average use of the lot on Mondays through Thursdays had been 4 to 6 vehicles, on Fridays 6 to 10 vehicles, and on Saturdays and Sundays 10 to 12 vehicles. These numbers were at the high end of the scale even during the season. Mr. Barcinski continued that renovations to the parking lot are planned to be completed in the next month or so. There will be a total of 60 spaces in the lot, three of which will be handicap spaces. The Sandoway House has requested that ten (10) spaces be reserved for staff and volun- teer parking. The staff recommendation is to reserve the ten spaces for The Sandoway House, mark fourteen (14) spaces for permit parking only, and meter the remaining thirty-three (33) non-handicapped spaces. Mr. Ellingsworth moved to approve the staff recommenda- tion for the mix of metered spaces, permit only spaces and Sandoway House spaces in the Ingraham Avenue parking lot. The motion was seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; -6- 03/17/98 Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.B. FIRST AMENDMENT TO TEMPORARY USE AND HOLD HARMLESS AGREEMENT WITH A-1-A BIKE RENTALS: Consider approval of an amendment to the temporary use and hold harmless agreement with A-1-A Bike Rentals to permit the pedi-cabs to operate on a portion of A1A from Miramar Street just south of Atlantic Avenue to the City parking lot on the north side of the Mariott. The City Attorney stated the proposed amendment to the temporary use and hold harmless agreement with A-1-A Bike Rentals will allow for a limited drop-off and pick-up area on A1A for the pedi-cabs. The area involved is from Miramar Street just south of Atlantic Avenue to the City parking lot on the north side of the Marriott. After discussion, Mr. Egan moved to approve the Pirst Amendment to Temporary Use and Hold Harmless Agreement with A-1-A Bike Rentals, Inc., seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - No; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - No; Mr. Randolph Yes. Said motion passed with a 3 to 2 vote. 9.C. REQUEST FOR WAIVER/BANNERS AT THE PUBLIC LIBRARY: Consider a request from the Delray Beach Public Library to waive Section 4.6.7(C) (5) of the Land Development Regulations to allow the placement of two banners on the exterior of the Library at 29 S.E. 4th Avenue during the month of April as part of the annual fund drive. Lula Butler, Director of Community Improvement, ex- plained that the Library has requested permission to display two (2) large banners on the exterior of the Library building during the month of April as part of the annual fund drive. However, LDR Section 4.6.7(C) {5) prohibits the use of banners except for grand opening celebrations. Ms. Butler noted that the Commission has not approved a waiver to this section of the code except for one time last year associated with the Delray Affair and the banners had to be contained within the event. She continued that staff feels the Library can achieve the same exposure with the use of freestanding signs that can be approved administratively under the "special event" category. Mr. Egan moved to accept the staff recommendation to DENY the request to place two banners on the exterior of the Library. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin Yes. Said motion passed with a 5 to 0 vote. 9.D. WAIVER OF ALARM FEES FOR OLD SCHOOL SQUARE: Consider a request from Old School Square to waive accumulated false alarm charges from past years. -7- 03/17/98 Mr. Torrey Everett, Director of Finance and Administra- tion for Old School Square, Inc., stated that he and his staff have met with the Police Department and feel that the problems have now, for the most part, been rectified. Mr. Ellingsworth moved to approve the request as recommended by staff, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.E. 1998 USTA PROMOTER AGREEMENT WITH JCD TENNIS, INC.: Consider approval of a promoter agreement with JCD Tennis, Inc. for professional services in conjunction with promoting no more than four USTA tennis tournaments at the Tennis Center during the 1998 calendar year. David Tolces, Assistant City Attorney, stated the proposed agreement provides that JCD Tennis, Inc., which is Brahm Dubin's company, shall be the promoter for no more than four USTA tennis tournaments during 1998. JCD Tennis will be responsible for collecting all revenues and making all disbursements, with the City retaining the right to audit JCD's financial records at any time. Ail of the necessary insurance is in place. Mr. Egan moved to approve the Promoter Agreement with JCD Tennis, Inc., seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Alperin - Yes; Mr. Schmidt Yes; Mr. Egan Yes. Said motion passed with a 5 to 0 vote. 9.F. DIRECTION ON GREENS AND TEES AT THE LAKEVIEW GOLF COURSE: Provide direction on the method to be used for rebuild- ing the greens and tees at the Lakeview Golf Course. Robert A. Barcinski, Assistant City Manager, stated that Mr. Dubin has recommended rebuilding the greens and tees at the Lakeview golf course this summer while the new clubhouse is being reconstructed. The recommendation is to sprig versus sodding the tees and greens. Much of the work using the sprig option will be done with in-house crews, and the estimated downtime for sprigging is three (3) months. Mr. Randolph moved to approve the staff recommendation to use the sprigging method to rebuild the greens and tees at the Lakeview golf course. The motion was seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.G. IN LIEU OF PARKING AGREEMENT WITH VANHILLE/CANCELLATION AND REFUND OF PAYMENT: Consider terminating the in lieu of parking fee agreement with J. Blaine Vanhille for property at 29 N.E. 1st Avenue and authorize the refund of monies already paid. 8 03/17/98 Mr. Schmidt moved to approve cancellation of the agreement and refund the payment. The motion was seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.H. FUNDING FOR PROJECT GRADUATION/CHALLENGE FROM THE CITY OF BOYNTON BEACH: Consider a challenge from the City of Boynton Beach to match their $2,000.00 donation to Atlantic Community High School for Project Graduation. It was noted by the City Manager that the City of Boynton Beach gives zero dollars in its budget in grants to non-profit organizations or organizations such as this. Boynton Beach does have a city-operated child care facility, but beyond that they don't do any of the things Delray Beach does with grants to non-profits and community organizations. Mayor Alperin noted the Commission has already approved a $500.00 contribution to Atlantic High School for Project Graduation. Mr. Ellingsworth moved to DENY the request to match Boynton Beach's contribution, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.I. KEYSTONE CREATIONS/APPEAL OF ORDER MODIFYING SETTLE- MENT: Consider authorizing the filing of an appeal of the Order modifying the settlement agreement between the City and Keystone Creations, Inc. The City Attorney stated the purpose of this item is to report on the results of a hearing that was held recently where Keystone Creations was given additional time to come into compli- ance and was ordered to give reports on a monthly basis. The issue before the Commission is whether to appeal at this time, or to see how Keystone progresses during the nine month extension period. After discussion, it was the majority consensus of the Commission not to file the appeal at this time, but rather wait to see what happens. If Keystone fails to continue to complete the improvements, the City Attorney can take further legal action at that time. Mayor Alperin dissented from the majority, stating that he felt the appeal should be filed. Everybody else in the City has to meet certain standards and this should apply to Keystone Creations as well. 9.J. PROPOSED SETTLEMENT/McCOOL V. CITY OF DELRAY BEACH: Consider a proposed settlement of the referenced matter and counter offer recommended by the City Attorney. 9 03/17/98 The City Attorney stated the City has received a settlement proposal in the form of a demand for judgment in the amount of $69,500.00. Ms. Ruby recommended this proposal be denied, but suggested the Commission may consider filing an offer of settlement in some amount up to $15,000 in an effort to conclude the matter. Mr. Egan moved to deny the demand for judgment in the amount of $69,500.00, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. Mr. Egan moved to file a counter offer of settlement in the amount of $10,000.00, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 9.K. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint a regular member (subcontractor position) to the Code Enforcement Board to fill an unexpired term ending January 14, 2000. The appointment will be made by Commissioner Egan. Mr. Egan moved to appoint William Paul Morris as a regular member (subcontractor position) on the Code Enforcement Board to fill an unexpired term ending January 14, 2000. The motion was seconded by Mr. Schmidt. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Alperin Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.L. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMIT- TEE (RESOLUTION NO. 22-98): Appoint four members to the Afford- able Housing Advisory Committee for two year terms ending March 31, 2000, and adopt Resolution No. 22-98. The appointments will be made by Commissioner Egan (banking/mortgage industry represen- tative), Commissioner Ellingsworth (real estate professional), Commissioner Randolph (citizen-at-large), and Mayor Alperin (citizen-at-large). The City Manager presented Resolution No. 22-98: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPOINTING MEMBERS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE, PURSUANT TO STATE LAW; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution 22-98 is on file in the City Clerk's office.) Commissioner Egan moved to reappoint Leslie Horenburger to the Affordable Housing Advisory Committee (banking/mortgage -10- 03/17/98 industry representative) for a two year term ending March 31, 2000, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Commissioner Ellingsworth moved to reappoint Lloyd Hasner to the Affordable Housing Advisory Committee (real estate professional) for a two year term ending March 31, 2000, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. Commissioner Randolph moved to appoint Terrence Turby- fill to the Affordable Housing Advisory Committee (citizen-at- large) for a two year term ending March 31, 2000, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. Mayor Alperin stated that he wished to appoint Ilse Nathan to the Affordable Housing Advisory Committee (citizen-at- large) for a two year term ending March 31, 2000. Mr. Egan so moved, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. Mr. Randolph moved to approve Resolution No. 22-98 reflecting the appointees outlined above, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.M. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint two regular members to the Nuisance Abatement Board for two year terms ending March 31, 2000. The appointments will be made by Commissioner Randolph and Mayor Alperin. Commissioner Randolph moved to reappoint Diane Bor- chardt as a regular member to the Nuisance Abatement Board for a two year term ending March 31, 2000, seconded by Mr. Elling- sworth. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Mayor Alperin stated that he wished to reappoint Deborah Dowd as a regular member to the Nuisance Abatement Board for a two year term ending March 31, 2000. Mr. Ellingsworth so moved, seconded by Mr. Randolph. Upon roll call the Commission -11- 03/17/98 voted as follows: Mr. Schmidt Yes; Mr. Egan - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.N. POLICE/FIREFIGHTER PENSION LEGISLATION/STATUS REPORT. The City Attorney provided a status report on the Police/Firefighter pension legislation. She reported that the City of Jacksonville has obtained a complete exemption from the pending legislation for its police and fire plans. Tampa is seeking a similar exemption. Sixteen other cities with "supple- mental plans" have been exempted from the compensation definition and board composition provisions of the legislation. Ms. Ruby asked for direction on exploring the possibility of an exemption for Delray Beach. After discussion, it was the consensus of the City Commission that the first priority is to strongly oppose the pending legislation, with emphasis on contacting our legislators to let them know the impact this bill will have. At the same time, pursuing an exemption is advisable. Mr. Egan moved to direct staff to pursue an exemption, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:05 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. TRANSFER OF PROPERTY TO ~LABITAT FOR HUMANITY: Consider approval of quit claim deeds transferring two parcels of land to Habitat for Humanity for the purpose of constructing single family housing. The lots are located at 329 N.W. 5th Avenue and 214 S.W. 5th Avenue. Prior to consideration of this item, a public hearing has been scheduled to be held at this time. The City Attorney stated that the quit claim deeds, if approved, will transfer two parcels of land to Habitat for Humanity of Boca-Delray. The City acquired both lots from Palm Beach County at no cost as a result of the County acquiring the lots due to unpaid taxes. Habitat for Humanity will construct a single family home on each lot. Mayor Alperin declared the public hearing open. There being no one who wished to address the City Commission, the public hearing was closed. Mr. Ellingsworth moved to approve the quit claim deeds transferring two parcels of land located at 329 N.W. 5th Avenue -12- 03/17/98 and 214 S.W. 5th Avenue from the City to Habitat for Humanity. The motion was seconded by Mr. Egan. Upon roll call the Commis- sion voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 14-98 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Section 4.4.13, "Central Busi- ness District", Subsection 4.4.13(H) (1), of the Land Development Regulations to restrict the sale of second hand material other than verifiable antiques on N.E. 2nd Avenue (Pineapple Grove Way). Prior to consideration of passage of this ordinance on Second and FINAL Reading, a Second Public Hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 14-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(H), "SPECIAL REGULATIONS", SUBPARAGRAPH 4.4.13(H) (1), OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO RESTRICT THE SALE OF SECOND HAND MATERIAL, OTHER THAN VERIFIABLE ANTIQUES, ON N.E. 2ND AVENUE (PINEAPPLE GROVE WAY) WITHIN THE CENTRAL BUSINESS DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance 14-98 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 compli- ance 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. Speaking from the audience were the following: Steve Cohen, 1140 Bauhinia Road, asked that the City Commission table Ordinance No. 14-98. He stated that he had put money down in good faith to purchase the former Winn-Dixie property and entered into a new lease with the Good Will tenant with the expectation of moving them into the Winn-Dixie building. Mr. Cohen continued that the proposed ordinance did not exist at the time he purchased the property, but was hastily put together in four or five weeks so that the project cannot now be complet- ed. Robert Eisen, attorney representinq Ben Lee Corpora- tion, stated that Good Will has receded from their desire to move to the former Winn-Dixie property and terminated the contractual -13- 03/17/98 relationship with Ben Lee Corporation. He continued that in the face of his client's clear property rights and good faith ac- tions, the speed with which the City Commission adopted the legislation, the failure to consider recommendations of the Planning and Zoning Board, and the failure to follow adopted procedures suggests to any fair and reasonable person that there were ulterior motives, whether it was to keep Good Will from having a continued presence in the community or whether it was to allow some private property owners to acquire the subject proper- ty. Mr. Eisen felt that the process is not to be trusted when it occurs in the fashion it did in this instance, with obvious ulterior motives. He asked the Commission to defeat the proposed ordinance which would perhaps allow his client to resurrect the transaction. Rich McGloin, Board Member of PineaDple Grove Main Street, stated that this group is moving ahead on the vision for Pineapple Grove that the community has put together. There is no hidden agenda based on any particular group or people within the organization. In Delray Beach, diversity and differences are respected. It is the vision that is being pushed for, nothing else. Mr. McGloin urged the City Commission to support Ordinance No. 14-98 as a step to moving the vision to reality. Tom Fleming, Program Manager of Pineapple Grove Main Street, 215 N.E. 1st Avenue, urged the City Commission to contin- ue to support the vision of the community for the Pineapple Grove area. He reiterated that Pineapple Grove is not against thrift stores or Good Will, but is charged with the economic redevelop- ment and revitalization of the neighborhood. Revitalization requires an effective mix of uses and a diversity of price points, including low, medium and high. Thrift stores tend to cluster, and when a concentration of thrifts begins to emerge it can become very easy to overwhelm the neighborhood or the street, shutting out the middle and the upper end price points and halting revitalization. Mr. Fleming urged the City Commission to protect the opportunity for Pineapple Grove to revitalize and prosper as Atlantic Avenue has done by voting yes to adopt Ordinance No. 14-98. Robert Sweetapple, attorney representing the Claire Harrington Trust, owner of the vacant Winn-Dixie property, stated that he felt the tactics used by the City in this particular instance are nefarious and illegal, and show a total disrespect for taxpayers and property owners in the City. He argued that the City Commission should have considered the Planning and Zoning Board's recommendation that the second hand sales use be regulated through the conditional use process, and strongly urged the Commission to table the proposed ordinance. Dureene Moore, 25 N.E. 2nd Avenue (owner of a cooking school within Pineapple Grove), reiterated her position that she would be opposed to any kind of business that might attract an -14- 03/17/98 element that would put her or her customers and patrons in danger. Saral3rn Ledbetter Buzen, former Pineapple Grove board member and property/business owner in the City, urged the City Commission to remember and support the marketing plan for Pineap- ple Grove and to adopt Ordinance No. 14-98. Celia Boone, 239 N.E. 1st Avenue, real estate agent specializing in distress centers/turnaround situations, stated there is nothing wrong with thrift shops but when too much of the same use is allowed in any area, a cluster is created and that can be a problem. From her professional standpoint, Ms. Boone felt that such a cluster at the entrance to Pineapple Grove would be detrimental to the redevelopment and revitalization efforts envisioned for this area. Allen Smith, 933 Cypress Drive and Professor of Market- ing at Florida Atlantic University, stated he has been involved as a volunteer with the Pineapple Grove Main Street program for some three years now and has headed up a number of different studies in this capacity. The results of these independent and neutral studies show that there is a vision for Pineapple Grove and suggest that the subject Winn-Dixie property needs to be very carefully utilized in line with this vision. Michael Weiner, 102 North Swinton Avenue, on behalf of Pineapple Grove Properties, commented that the proposed ordi- nance, if adopted, would be only one of many underpinnings to the Pineapple Grove redevelopment effort. He stated that the Commis- sion has acted properly in a legislative manner and urged that the proposed ordinance be adopted. There being no one else who wished to speak on this matter, the public hearing was closed. Mr. Egan moved to adopt Ordinance No. 14-98 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth Yes; Mr. Randolph - No; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 1 vote. Mr. Schmidt left the Commission Chambers at this time. 10.C. ORDINANCE NO. 13-98: An ordinance amending Section 2.4.6(H), "Temporary Use Permits", of the Land Development Regulations to allow permits to be issued for the use of tempo- rary parking lots within portions of the Central Business Dis- trict (CBD) and portions of other non-residential zoning dis- tricts located between Swinton Avenue and 1-95. Prior to consid- eration 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. 13-98: -15- 03/17/98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.6(H), "TEMPORARY USE PERMIT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO ALLOW TEMPORARY PARKING LOTS IN CERTAIN AREAS WHEN APPROVED BY THE CITY COMMISSION; PROVIDING REGULATIONS AND RESTRICTIONS FOR SAID TEMPORARY PARKING LOTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 13-98 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 compli- ance 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 speak on this item, the public hearing was closed. Mr. Randolph moved to approve Ordinance No. 13-98 on Second and FINAL Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 11. Comments and Inquiries on Non-Aqenda Items from the Public - Immediately following Public Hearings. 11.A. City Manager's response to prior public comments and inquiries. In response to a prior suggestion that the City develop a comprehensive map of city streets in terms of traffic problems, areas needing traffic calming and areas where there are high accident rates, the City Manager reported that while a specific map of city streets which experience traffic problems does not exist, the Comprehensive Plan contains maps and exhibits dealing with these issues. The transportation element contains maps of the daily operating levels of the state, county, and city arterials, collector streets and other local roads by maximum daily volumes and peak season, p.m. peak hour, and peak directional volumes. The transportation element also contains projected operating conditions for these roadways for the year 2000 and the year 2015. The element further contains the latest available intersection accident data which identifies and ranks the highest accident intersections throughout the City as of 1994. The City Manager stated that the 1995 accident data is now available. The data that is more current than 1995 has not yet been entered in the computer records. -16- 03/17/98 The City Manager continued that the Comprehensive Plan requires further development to address traffic concurrency including any impact on high accident intersections within the City. Transportation Policy A-5.2 states, "Additional development in proximity of high accident areas shall include in the required traffic report the specific topic of the accident area. Such development shall not be approved without a finding that the additional traffic generated by, or directed toward, the new development will not necessarily exacerbate the situation which has led to the high accident designation. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation." Further, the City Manager commented that when development proposals impact high accident areas or areas where operational deficiencies are noted through local knowledge, the accident areas or areas of deficiencies are included as part of the concurrency review for the project. For example, impacts on the intersection of Atlantic Avenue and Congress Avenue were an important consideration in the review of the proposals for both the Solid Waste Authority's resource recovery center and the country and western bar. ll.B. From the Public. 11.B.1. Richard Eckerle, 382 S.W. 27th Avenue, speaking on behalf of the Woodlake Homeowner's Association, expressed his appreciation to everyone involved with the appeal of the Site Plan Review and Appearance Board's approval of the site plan modification for the school at St. Mary the Virgin Anglican Church. The Church has withdrawn its application to construct the school in recognition of the concerns raised about the traffic impact, especially at the intersection of Homewood Boulevard and West Atlantic Avenue. 11.B.2. Jean Beer, 945 Tropic Boulevard, presented an article to the City Commission which appeared in The Sun-Sentinel last week regarding the traffic on Linton Boulevard. She stated that a creative decision regarding the traffic needs to be made in order to make traffic function better throughout the entire City. ll.B.3. Charlotte Wright, 802 N.W. 2nd Street, presented pictures to the City Commission of the east (the east side of Swinton Avenue toward the beach) and west (the west side of Swinton Avenue to 1-95) sides of Atlantic Avenue. She stated there are no activity areas along West Atlantic Avenue for adults to attend; however, she feels that the east side of Atlantic Avenue appears to have adequate activities for both children and adults. She expressed concern over the poor condition of the alleyways and streets along the West Atlantic Avenue corridor and feels the alleyways and streets are welled maintained east of Swinton Avenue, but not west of Swinton Avenue. In conclusion, Ms. Wright urged the Commission to help improve the condition of -17- 03/17/98 the streets, alleyways, and parking conditions along West Atlantic Avenue. ll.B.4. Carolyn Holder, 102 S.W. 9th Avenue, expressed anger and disgust over the crime and drug dealers along S.W. 9th Avenue in the area of S.W. 1st Street. She feels the crime has been pushed off Atlantic Avenue into her neighborhood and she has experienced many sleepless nights because of all the drug activity occurring outside her home. She expressed frustration that the City cannot clear up two blocks of crime and urged the City Commission to find a solution to this ongoing problem. ll.B.5. Albert Pena, 900 N.W. 12th Avenue, Boca Raton, engineer, stated that in 1993 he designed a hurricane shutter system out of wood so those people who did not have a lot of money would be able to protect their homes in the event of a Category IV or V hurricane. Mr. Pena distributed a copy of his evacuation plan to the City Commission and stated that approximately sixty people in Boca Raton have used the system. He urged the City Commission to consider looking into this plan. 11.B.6. Joanne Mosley, 5 S.W. 12th Avenue, complained about the alleged harassment she and her son have been receiving for the past two years from the Delray Beach Police Department. She urged the Commission to resolve the nature of the problem. ll.B.7. Alice Finst, 707 Place Tavant, expressed concern over the Marine Way (blue) building on Lake Ida Road and inquired as to why there has been no improvement to the building even after numerous complaints. Mrs. Finst further stated she is concerned about the appearance of the check cashing building located on Atlantic Avenue and does not feel that this building is appropriate. She is extremely concerned that there may be some more buildings locating on Atlantic Avenue that are similarly out of character with the area. Mrs. Finst expressed concern regarding the Marriott property on the beach and stated she would like to see the guarantee on the parking for City residents and would like to know why this has not been addressed. 11.B.8. Michael Alexander, 321 S.W. 9th Street, explained that his mother who lives at 45 S.W. 13th Avenue is being continually harassed by Code Enforcement to fix her home. Mr. Alexander stated his mother asked the City for assistance so that she could remodel her home, but has not received any assistance from the City. He feels the alleged harassment from the Delray Beach Police Department needs to be resolved along with other problems in the black community. 11.B.9. Joseph Cunningham, 217 S.W. 2nd Avenue, expressed concern over the crime in the City and feels that it must be -18- 03/17/98 controlled. He stated that the appearance of West Atlantic Avenue needs improvement and feels that there should be more clubs and places on West Atlantic Avenue for the young people to enjoy. ll.B.10. Ms. Smith, 5 S.W. 12th Avenue, reiterated about the alleged brutality and harassment by the Delray Beach Police Department and commented on the increased drug activity in the black community. She urged the City Commission to investigate this matter and find a solution to this problem. 12. FIRST READINGS: None 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manaqer. With respect to the Police and Fire pension issue that was discussed earlier, in the page of action steps that the Florida League of Cities published, the City Manager stated that it read: "Last year your City received $ in premium tax revenues." The City Manager reported that the dollar amount for the City is $805,000. Secondly, the City Manager addressed three major concerns regarding the newspaper article which appeared in The Sun-Sentinel. The Finance Director has already addressed the statement that the City is having problems meeting its operating expenses, which is ridiculous. There was also the implication that the majority of the City's debt was for revitalizing the downtown which is false. An analysis is being done of exactly what the debt is, and staff will then be able to report what portion of it was for downtown. The City Manager stated his guess is that it is 10% or 15% at most. Lastly, the City Manager stated that the reporter interviewed him on October 16, 1997 (five months ago). By waiting so long to publish the article, at the time of the interview the 1996 audit was the latest audit available. So now the newspaper publishes this article saying they have used the latest available figures, after the 1997 audit has come out. In 1996 the City had to pay off a lawsuit which decreased our surplus. The City has more than made that up this year, so the financial picture has improved substantially as expected it would. None of this was addressed in the newspaper article. The City Manager then stated that Delray Beach's current debt on a per capita basis is $459.94. According to Moody's Investor Service the median direct debt per capita for city's between 100,000-200,000 population was $931 per capita. Fort Lauderdale's debt is $563 and in a recent bond rating article that Moody's published about Fort Lauderdale they described that City's direct net debt as "modest". The City Manager concluded by stating that Moody's Investor Service is much more qualified to evaluate the financial condition of cities -19- 03/17/98 than newspaper reporters who have not had any training in government finance or accounting. 13.B. City Attorney. The City Attorney commented that with respect to the St. Mary The Virgin Anglican Church application for site plan modification to construct a private school, in all likelihood there will be a procedural item on the Commission's April 7th agenda to formally withdraw the Site Plan Review and Appearance Board's approval. 13.C. City Commission. 13.C.1. Commissioner Ellinqsworth had no comments or inquiries. 13.C.2. Commissioner Randolph had no comments or inquiries. 13.C.3. Commissioner Schmidt had no comments or inquiries. 13.C.4. Commissioner Eqan had no comments or inquiries. 13.C.5. Mayor Alperin stated he was never contacted about the newspaper article which appeared in The Sun-Sentinel and feels that it was extremely poor reporting. Secondly, Mayor Alperin expressed concern with the number of people who spoke this evening about the alleged harassment of citizens by some police officers along the west side. He stated that he does not want to hear accusations of crime and loose charges without also presenting factual information to base them on. If you feel you can't trust people in the City, go to the State's Attorney office or to the Sheriff to file complaints. If someone has evidence of wrongdoing, then it needs to be reported to the proper authorities who can do something about it. He emphasized that the Commission does not want to see anyone employed in the Police Department who might be involved with drugs or illegal activities. There being no further business, Mayor Alperin declared the meeting adjourned at 8:20 p.m. 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 held on March 17, 1998, which -20- 03/17/98 minute~ wer? formally approved and adopted by the City Commission on ~?~, '7, / 9 ~ 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. -21- 03/17/98