Loading...
08-05-97 AUGUST 5, 1997 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, August 5, 1997. 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 The opening prayer was delivered by Reverend Ronald Siegenthaler, Seacrest Boulevard Presbyterian Church. 3__=. The Pledge of Allegiance to the flag of the United States of America was given. 4~ Aqenda Approval. Mr. Ellingsworth moved to approve the agenda as pre- sented, seconded by Mr. Egan. Upon roll call the Commission 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. Approval of Minutes: Mr. Ellingsworth moved to approve the Minutes of the Regular Meeting of July 15, 1997, and the Minutes of the Special Meeting of July 22, 1997, 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. Proclamations: None 7. Presentations: None 8. CONSENT AGENDA City Manager recommends approval. 8.A.~ RESOLUTION NO. 54-97: Adopt a resolution requesting a pro-rata share of the County Emergency Medical Service Surcharge Award Program funds, and authorizing the Mayor to execute all documents necessary to complete the request. The caption of Resolution No. 54-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING A PRO-RATA SHARE OF THE COUNTY EMERGENCY MEDICAL SERVICE SURCHARGE AWARD PROGRAM FUNDS. (The official copy of Resolution No. 54-97 is on file in the City Clerk's Office.) 8.B RESOLUTION NO. 55-97: Adopt a resolution authorizing the City to join with other local governmental units as a partic- ipant in the Florida Municipal Investment Trust for the purpose of purchasing shares of beneficial interest in the Trust. The caption of Resolution No. 55-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY OF DELRAY BEACH (HEREIN REFERRED TO AS THE "CITY") TO JOIN WITH OTHER LOCAL GOVERNMENTAL UNITS AS A PARTICIPANT IN THE FLORIDA MUNICIPAL INVESTMENT TRUST FOR THE PURPOSE OF PURCHASING SHARES OF BENEFICIAL INTEREST IN THE TRUST. (The official copy of Resolution No. 55-97 is on file in the City Clerk's Office.) 8.C. RESOLUTION NO. 56-97/EASEMENT ABANDONMENT AND ACCEP- TANCE OF REPLACEMENT EASEMENT: Adopt a resolution abandoning a portion of a 12' water distribution easement and acceptance of a replacement easement at the Wallace Ford Dealership site, located at the northwest corner of Linton Boulevard and Wallace Drive. The caption of Resolution No. 56-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF A WATER DISTRIBUTION EASEMENT AS SHOWN ON THE PLAT OF WALLACE FORD RECORDED IN PLAT BOOK 60, PAGES 174 AND 175 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO ACCEPTANCE OF A REPLACE- MENT EASEMENT. (The official copy of Resolution No. 56-97 is on file in the City Clerk's Office.) 8.D. OFF-SITE PARKING AGREEMENT BETWEEN THE CITY, GULFSTREAM EQUITY GROUP, AND DIOCESE OF PALM BEACH/PIZZAZZ CAFE: Approve an off-site parking agreement between the City, Gulfstream Equity -2- 8/05/97 Group, and Diocese of Palm Beach for the Pizzazz Cafe, a proposed restaurant to be located within the Eighth Street Market on the north side of George Bush Boulevard, west of the Intracoastal Waterway. 8.E. TRAINING AGREEMENT RENEWAL/SCHOOL DISTRICT OF PALM BEACH COUNTY: Approve a renewal of the Agreement between the School District of Palm Beach County and the City for vocational education programs for the period July 1, 1997-June 30, 1998. 8.F. CARVER ESTATES TRAFFIC AGREEMENT: Approve an agreement between the City and the Delray Beach Housing Authority for the enforcement of state and local traffic laws within Carver Es- tates. 8.G. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FY 1998 BUDGET ACTIONS: Ratify establishment of user rate of $0.6955/gal. for cities; and accept the 1997/98 O&M Budget, Capital Projects, and Repair and Replace- ment expenditures for 1997/98 as approved by the SCRWTD Board on July 17, 1997. 8.H. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify various actions approved by the SCRWTD Board on July 17, 1997. 8.I. RATIFICATION OF REAPPOINTMENT TO THE KIDS AND COPS COMMITTEE: Ratify the reappointment of William J. Fay, Jr. to the Kids and Cops Committee as the representative for Banyan Creek Elementary School. 8.J. MODIFICATION OF STANDARDS OF APPROVAL/FINGER PIER AT 960 SEASAGE DRIVE: Authorize a modification of standards for approval as set forth at LDR Sections 7.9.7(C) and 7.9.9 govern- ing Docks, Dolphins, Pinger Piers and Boat Lifts to allow the construction of a finger pier with three mooring piers (dolphin piles) at 960 Seasage Drive. 8.K. FUNDING SUBSIDIES/DELRAY BEACH RENAISSANCE PROGRAM: Approve funding subsidies totaling $43,027.49 for three eligible applicants under the Delray Beach Renaissance Program ($23,500 from HOME Account 118-1923-554-83.01 and $19,527.49 from SHIP Account 118-1924-554-83.01). 8.L. APPOINTMENT OF OUTSIDE COUNSEL/SEAN DERUISE V. THE CITY AND LaFLEUR: Approve the appointment of outside counsel as recommended by the City Attorney. 8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Site Plan Review and Appearance Board and the Historic Preservation Board during the period July 14 through August 1, 1997. 8.N. AWARD OF BIDS AND CONTRACTS: -3- 8/05/97 1. Purchase award to Physio-Control Corporation, sole source for a Lifepak II Diagnostic Cardiac Monitor Defibrillator, in the amount of $12,004 from 001-2315-526-64.90. 2. Bid award to National Ambulance Builders via Boca Raton joint bid for the purchase of an Emergency Medical Care Vehicle for the Fire Department, at a total cost of $104,960.72 from 501-3312-591-64.20. 3. Purchase award to Atlantic Refrigeration Corpora- tion for emergency replacement of an air condi- tioning unit at the Police Station, in the amount of $36,706 from 334-6112-519-46.90. 8.0. SUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AND SERVIC- ES AGREEMENT: Approve a contract addendum with H.T.E., Inc. to provide for the implementation of our Cellular Digital Packet Data connection to set up the initial 5 Police vehicle laptops and the AS400 computer, in the amount of $38,880 from 112-2172-521-64.11. Mr. Randolph 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. ARCHITECTURAL ELEVATIONS FOR WATERWAY EAST RESTAURANT: Consider approval of revised architectural elevations for the Waterway East Restaurant located south of East Atlantic Avenue and west of Venetian Drive, adjacent to the Intracoastal Waterway in the Waterway East shopping center. Paul Dorling, Principal Planner, stated that LDR Section 4.6.18(B) {13) requires out-buildings in shopping centers to be compatible in terms of color and material and architectural style. The Site Plan Review and Appearance Board must make that finding of compatibility. However, if an out-building is not compatible, the Site Plan Review and Appearance Board may forward the elevations to the City Commission with a recommendation for approval. The architectural elevations for the original Waterway East restaurant were approved by the City Commission on March 21, 1995. The applicant has requested a change in architectural style along with some other changes through site plan modifica- tion process. The revised elevations were considered by the Site Plan Review and Appearance Board on July 23, 1997, and have been forwarded to the City Commission with a recommendation of approv- al. On question from Mr. Ellingsworth, Jeff Costello, Senior Planner, stated that the revised plan meets parking -4- 8/05/97 requirements and incorporates the condition of approval imposed on the original site plan that no less than 30% of the window panels on the west side of the dining porch (adjacent to the Intracoastal Waterway) be in a fixed position. Mr. Costello further stated that the boardwalk is not to be used for boat docking, but to protect the relocated mangroves. The patio area proposed on the west side of the building is to be used for a sitting or waiting area, but not for outdoor dining. The appli- cant has been informed that if the patio area is to be used for dining purposes, a site plan modification will have to be ob- tained. Mr. Egan moved to approve the revised architectural elevations for the Waterway East restaurant, 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.B. EXTENSION REQUEST FROM THE CROSSROADS CLUB, INC.: Consider a request to extend the time frame for compliance with conditions of approval associated with The Crossroads Club, Inc. located at the southwest corner of N.E. 2nd Street and 4th Avenue. Paul Dorling, Principal Planner, stated that the City Commission granted conditional use approval for The Crossroads Club meeting facility on January 9, 1996. Since the site was deficient with respect to parking, the club was allowed to occupy the building with restrictions on the number of people allowed during daylight hours when adjacent parking areas were unavail- able for use. The use was also allowed subject to the condition that within one year of occupying the building, either formal off-site parking agreements or leases would be finalized, an alternative parking plan be provided, or the meeting schedules and capacity be revised and reduced so as not to exceed the number of on-site parking spaces. The Crossroads Club occupied the building on July 22, 1996. Since that time there has been an additional four (4) parking spaces which were converted to an outside seating area. The club was cited for this change and sought conditional use modification approval through the Planning and Zoning Board. The Board agreed to approve that modification only until the original deadline for providing the adequate parking which was July 22, 1997. The applicant is now seeking a six (6) month extension for this original condition of approval. Staff recommends that if the City Commission is in favor of granting this six month extension, that it be conditioned on the parking area on the north side of the building being immediately reinstated to a parking area and kept available for parking until such time as the spaces are accommodated through either the formal agreements, alternative parking plans or reduced facility capacity. -5- 8/05/97 Speaking on behalf of The Crossroads Club was Mr. George M. Allerton, who explained to the Commission the ongoing efforts by the club with respect to acquiring an F.E.C. Railway- owned parcel on the north side of N.E. 2nd Street directly across from the Crossroads facility. The F.E.C. is continuing to look into various aspects of the request and has not yet given a final response. Mr. Allerton also discussed the agreement reached with Mr. Douglas D. Cary for the use of the north half of his property at 150 N.E. 4th Avenue for parking while the Crossroads Club is in negotiations with him concerning the purchase of that proper- ty. Mr. Allerton distributed a typed statement signed by Mr. Cary agreeing to this use. He stated that the lot is fenced and gated and the club would agree to make sure that the gate is locked each night at the conclusion of club meetings which end at 10:00 p.m. Mr. Allerton also provided numbers on attendance at the club at different times during day and evening hours. Discussion by the Commission followed. Mr. Randolph stated that he disagrees with staff's recommendation to have the club reinstate the parking spaces on the north side of the building. In his opinion, this area serves as a gathering area and provides a relaxed atmosphere for people attending the support meetings at the Crossroads Club. There is already a parking deficit which is not going to be made any better by putting back these few spaces. Mr. Ellingsworth stated that he, too, supported the six month extension and concurred with Mr. Randolph that there was no pressing reason to convert the north patio area back to parking at this time. Mr. Ellingsworth moved to approve the request to extend the time frame for compliance with conditions of approval associ- ated with the Crossroads Club for six months (January 22, 1998), without the requirement that the parking area on the north side of the building be reinstated. The motion was seconded by Mr. Randolph. Prior to roll call, Mayor Alperin stated that while he would support the extension request, he disagreed that the north patio area should not be returned to parking. He felt this was part of the original approval and was not upheld by the applicant until being cited by the City and getting a modification ap- proved. He also felt this was not a particularly safe place for people to congregate and that it would be preferable if there was an area on the side or back of the building for this purpose. Mayor Alperin further requested that the motion on the floor be amended to require a formal, legally acceptable agreement from Douglas and Virginia Cary with respect to the use of their property on N.E. 4th Avenue for club parking. Mr. Ellingsworth amended his motion to include a formal agreement from Mr. and Mrs. Cary as stated by the Mayor. Mr. Randolph amended his second. Upon roll call the Commission voted -6- 8/05/9? 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.C RESOLUTION NO. 57-97: Consider approval of a resolu- tion amending Resolution No. 47-97 which established the High- Rise Fire Safety Task Team. The caption of Resolution No. 57-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO 47-97 WHICH ESTABLISHED THE HIGH-RISE FIRE SAFETY TASK TEAM AS AN ADVISO- RY BODY TO THE CITY COMMISSION, TO REVISE THE COMPOSITION OF SAID TASK TEAM; AND AMENDING THE TIME FRAME AND SUNSET DATE FOR SAID TASK TEAM. (The official copy of Resolution No. 57-97 is on file in the City Clerk's office.) Mayor Alperin explained that this resolution has been prepared in response to changes requested by the public at the July 15th regular meeting. It modifies the original resolution by increasing the number of resident representatives from 2 to 5, the number of building manager representatives from 1 to 2, and adds a fire protection engineer, for a total membership of thirteen. Also, the time frame has been moved back three months so that the task team is charged with completing their study by March 31, 1998 as opposed to December 31, 1997. Mr. Egan asked when the Commission might expect to make the appointments to this task team? In response, Fire Chief Rehr stated that applications are coming in now from interested parties and he would expect the appointments to be before the Commission in roughly sixty days. Mr. Egan moved to approve Resolution No. 57-97, second- ed by Mr. Schmidt. 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. Mr. Schmidt stepped down for the following item. A Memorandum of Voting Conflict is on file with the official minutes. 9.D. OFFER TO SATISFY LIENS/123 N.W. 10TH AVENUE: Consider an offer to satisfy nuisance abatement liens which exist against property at 123 N.W. 10th Avenue (Lot 4, Block A, West Side Heights). 7 8/05/97 The City Attorney stated that as of July 31, 1997, the total amount of the liens and accrued interest is $1,646.50. The offer to satisfy all the existing liens on the property at this time is $1,000.00. Mayor Alperin stated that the Commission has been consistent in the past about not accepting less than what is owed unless the property was being turned over for a municipal purpose such as an affordable housing project. Mr. Egan moved to deny the offer to satisfy liens against property at 123 N.W. 10th Avenue, seconded by Mr. Ran- dolph. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. Mr. Schmidt stepped back up to the dais. 9.E. REQUEST FOR FUNDING/CENTER FOR EMPLOYMENT TRAINING: Consider a request from The Center for Employment Training for funding of Delray Beach residents seeking to enroll in the CET training program. The City Manager stated that this request was received because of some delays in the Center for Employment Training getting other funding. From what we have been able to learn, CET seems to be a very effective organization but this particular type of program is something the City has not been involved in in the past plus this is not the best time in the budget year to be requesting funding. He noted that the Center for Employment Training does have some other funding that looks as if it could be made available, so at this time the staff recommendation is that the funding request be denied. The Center has submitted a request for a grant from the City out of the FY 1998 budget which will be considered through the normal budget process. Mr. Ellingsworth moved to approve the staff recommenda- tion that the funding request be denied, 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.F. FY 1998 BEAUTIFICATION FUND BUDGET: Consider alterna- tive proposals for balancing the Beautification Fund. The City Manager stated that it has been mentioned to the Commission over the past few years that the Beautification Fund would eventually run out of money. There are several areas (Atlantic Avenue east of the Intracoastal Waterway, the 1-95 sound barrier wall, Lake Ida Road) where at some point in the course of the next year the one year contractual maintenance will end and the City will have to assume maintenance responsibility. Based on estimates of these additional costs, the Beautification Fund as presented in the proposed FY 98 budget shows a deficit of -8- 8/05/97 about $100,000. To deal with this problem, the City Manager had presented three options. The first option is to shift enough areas to the General Fund to balance the Beautification Fund and cover the cost by cutting back other General Fund programs. This means that maintenance would essentially be paid for out of property taxes and we would have to find another $100,000 to cut out of the General Fund. A second option is to shift enough areas to the General Fund to balance the Beautification Fund and direct Parks and Recreation to do the best they can with the resources they have. The City Manager felt that this option would result in rapid deterioration in the appearance of many public areas of the city. The Parks Maintenance staff already has difficulty keeping up with their workload. The third option and the one recommended by the City Manager is that the Commis- sion consider increasing the utility tax by two-tenths of one percent (from 9.5% to 9.7%) and adding that to the Beautification Trust Fund so that the Trust Fund would be getting 1.2% instead of just 1%. The bond issue for the initial beautification is about ten years old so there are about ten more years before that would be paid off. At the time it is paid off, it is probable the utility tax could be reduced some. It is growing on an annual basis as the City grows and hopefully that growth would keep pace with cost increases over the years. Another option is to let the Fund run a deficit this year but that just postpones the problem. In terms of how this increase would affect the public, for someone who has an average electric bill of $300 per month, it would cost them an extra 60 cents a month. Mr. Randolph stated that he feels the City needs to look closely at future beautification projects to ensure that sufficient funding will be available for maintenance. The Parks and Recreation crews are trying very hard to keep up with all of the maintenance, but there are some areas that need closer attention if they are going to be maintained properly. Mr. Randolph stated he would support option #3, the utility tax increase, if it will get us to where we can keep the City looking good. It was the consensus of the Commission to support option #3, the utility tax increase. The City Manager stated that the appropriate ordinance to amend the utility tax would be brought back as part of the budget package. 9.G. FY 1998 GENERAL FUND BUDGET/STATUS REPORT. The City Manager gave the following status report. The budget is balanced. It has set aside in it $150,000 for the Commission to deal with the requests from the Library, Old School Square and Pineapple Grove. One possibility is for both Old School Square and Pineapple Grove to receive the full amount requested, $60,000 and $30,000 respectively, with the remaining $60,000 going to the Library which would increase their budget by ten percent. He noted that he had provided to the Commission an analysis of the Library budget and what they propose to do with 9 8/05/97 the additional funding. If the Commission wants to do more than what $60,000 will do for the Library, a decision needs to be made to either give less to the other requests or direct staff to try to come up with a little bit more money to be used for this purpose. Beyond this, the City Manager stated that the budget will be on the workshop agenda and the Commission can decide the level of detail they want in their review. He invited any individual commissioner to meet with him and the Finance Depart- ment to discuss the whole budget or parts of it in more detail if they wish. Mr. Ellingsworth complimented the City Manager on his memorandum analyzing the Library's funding request and asked if the Commission could receive the same type of thing for the Old School Square funding request? Concerning Pineapple Grove's funding request, the City Manager stated that this group is scheduled for the workshop agenda next week to make a presentation about their whole program and what they are trying to do. Mayor Alperin stated that his goal is to see the millage continue in a downward trend. He pointed out that the operating millage is going up as the debt millage is going down and he feels we should be looking at ways to reduce the operating millage as well. He further commented that he feels Old School Square has always been underfunded. While everyone would like to see it become self-supporting, the Mayor felt that to be unreal- istic. Old School Square is the City's showcase and he expressed strong support for trying to help them as much as possible. The Library is important, too, but their increased funding request came without much warning while Old School Square has been warning the Commission for years that they were in trouble. Mayor Alperin felt this should be considered by the Commission when looking at how to distribute the available money. At this point, Mr. Randolph stated that he has some concerns about allocation of funding to the Police Department. His reason for this is because of extremely slow responses or no responses at all to calls for Police assistance. He cited an example which he felt bordered on an emergency situation where he personally placed 9-1-1 calls to the Police Department and received no response. He commented that while the City is in the process of modernizing the Police Department with laptop comput- ers in patrol cars and the like, he is concerned that we are losing Police response to neighborhood calls. 9.H. APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint three members to the Planning and Zoning Board for two year terms ending August 31, 1999. The appointments will be made by Commis- sioner Egan, Commissioner Ellingsworth and Commissioner Randolph. Mr. Egan moved to reappoint Robin Bird to the Planning and Zoning Board for a two year term ending August 31, 1999, -10- 8/05/97 seconded by Mr. Ellingsworth. 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. Mr. Ellingsworth moved to reappoint Patricia Archer to the Planning and Zoning Board for a two year term ending August 31, 1999, 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. Mr. Randolph deferred his appointment to the regular meeting of August 19, 1997. 9.I. APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint three members to the Site Plan Review and Appear- ance Board for two year terms ending August 31, 1999. The appointments will be made by Commissioner Randolph (layperson), Mayor Alperin (architect/engineer) and Commissioner Schmidt (layperson). Mr. Randolph moved to reappoint E. Conrad Sittler, Jr. (layperson) to the Site Plan Review and Appearance Board for a two year term ending August 31, 1999, seconded by Mr. Egan. 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. Mayor Alperin deferred his appointment of an archi- tect/engineer to the regular meeting of August 19, 1997. Mr. Schmidt moved to appoint William Branning (layper- son) to the Site Plan Review and Appearance Board for a two year term ending August 31, 1999, 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. 9.J. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint three members to the Historic Preservation Board for two year terms ending August 31, 1999. The appointments will be made by Commissioner Schmidt, Commissioner Egan and Commissioner Ellingsworth. Mr. Schmidt moved to reappoint Anthony Damiano to the Historic Preservation Board for a two year term ending August 31, 1999, seconded by Mr. Ellingsworth. 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. Mr. Egan moved to reappoint Debora Turner to the Historic Preservation Board for a two year term ending August 31, -11- 8/05/97 1999, seconded by Mr. Randolph. 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. Mr. Ellingsworth deferred his appointment to the regular meeting of August 19, 1997. 9.K. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two regular members and two alternate members to the Board of Adjust- ment for two year terms ending August 31, 1999. The regular member appointments will be made by Commissioner Randolph and Mayor Alperin, with the alternate member appointments by Commis- sioner Schmidt and Commissioner Egan. Mr. Randolph deferred his appointment of a regular member to the regular meeting of August 19, 1997. Mayor Alperin stated that he wished to appoint Perry DonFrancisco to the Board of Adjustment as a regular member for a two year term ending August 31, 1999. Mr. Ellingsworth so moved, seconded by Mr. Randolph. 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. Mr. Schmidt moved to appoint Anne Hoctor to the Board of Adjustment as an alternate member for a two year term ending August 31, 1999, 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. Mr. Egan deferred his appointment of an alternate member to the regular meeting of August 19, 1997. 9.L. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint four members to the Board of Construction Appeals for two year terms ending August 31, 1999, as follows: architect {Mayor Alperin's appointment); master plumber {Commissioner Schmidt's appointment); general contractor (Commissioner Egan's appoint- ment); and sign contractor (Commissioner Ellingsworth's appoint- ment). Mayor Alperin deferred his appointment (architect) to the regular meeting of August 19, 1997. Mr. Schmidt deferred his appointment (master plumber) to the regular meeting of August 19, 1997. Mr. Egan moved to reappoint Ronald Brito (general contractor) to the Board of Construction Appeals for a two year term ending August 31, 1999, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. -12- 8/05/97 Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. Mr. Ellingsworth moved to reappoint Donald MacLaren (sign contractor) to the Board of Construction Appeals for a two year term ending August 31, 1999, 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. Prior to making his motion, Mr. Ellingsworth commented that he was somewhat concerned about Mr. MacLaren's attendance but would reappoint since he is the only applicant. Mayor Alperin asked that this comment be conveyed to the appropriate individuals. 9.M. PROPOSAL REGARDING ENFORCEMENT OF CITY CODE SECTION 101.27, "ANIMAL REGULATIONS": Consider a proposal from Mr. John Marino to amend Section 101.27, "Animal Regulations", of the City Code, specifically to allow dogs on the north end of the munici- pal beach. John Marino, 815 Palm Trail, addressed the Commission concerning his proposal to permit dog owners to have access to the beach with their dogs from Beach Drive north. This area encompasses the boat launching area and is less utilized by bathers. Dogs would be prohibited from going south of Beach Drive which is where there is the heaviest concentration of bathers. Mr. Marino noted that he has also been informed that south of Casuarina is largely private beach where the code does not apply, with the exception of Atlantic Dunes Park. In addi- tion, he suggested that signs be posted at Beach Drive and at Casuarina saying "No Dogs Allowed Beyond This Point" A code of etiquette for dog owners would also be posted. Mr. Marino requested that the Commission declare a moratorium on the fines and tickets to the citizens of Delray Beach and instruct the Police Department to refrain from enforcing the ordinance. He would be willing to volunteer his own time to help set up both the signs and the system and would be willing to walk the beach helping people understand what the issue is and to pick up after themselves. Mr. Marino felt that at this point there was not a need to amend the code and get involved with bureaucratic entan- glements, but rather try what he feels is a reasonable compromise without any major fanfare and see how it works between now and the end of the year. Mr. Marino stated that he felt he would be within his rights as a citizen to put the issue to a referendum, but did not feel it needed to go that far. He asked that the situation be returned to basically what it was prior to July of this year which was that people with dogs did use the beach. He has been taking his dog to the north end of the beach since 1990 and has never been ticketed or confronted, except for one time when he was told by a Police officer to put the dog on a leash. -13- 8/o5/9? Mayor Alperin thanked Mr. Marino for the manner in which he had presented his proposal. He explained that tonight the Commission would only be discussing whether or not to turn the matter over to staff for further review. The City Manager noted that some staff comments from Parks and Recreation, the Beach Supervisor and the Police Department were included with the backup material. The City Manager explained that complaints about dogs on the beach have been coming in for years, but the Police Department has only been able to enforce the ordinance on a spotty basis. With the redeployment of the Police Department in July, they have put a little more effort into it and there has been more consistent enforcement. This is what has brought the issue to this point. Mr. Egan stated that he felt this could become a big problem. If Mr. Marino was the only person asking for this, he would have no problem because Mr. Marino would be responsible for and control his dog. The problem is with all the other people who might not be as responsible. In reviewing the backup materi- al, Mr. Egan noted that the Beach Supervisor had not been able to identify any municipalities or counties in southeast Florida which allow dogs on the beach with the exception of Fort Lauder- dale, and their program is quite detailed as far as getting permits and licenses. As a dog owner, Mr. Egan stated it would be nice to be able to take the dog to the beach, but unfortunate- ly he does not believe everybody is as responsible as Mr. Marino and the City would be opening a can of worms. Mr. Ellingsworth stated that he agrees with Mr. Egan. When this issue came up about ten years ago and the ordinance was enacted, it was at the request of many irate citizens who wanted to see something put on the books. He felt the City would be opening itself to those same criticisms if an exception were to be made. Mr. Schmidt disagreed with the previous comments. He stated that he had been down on the beach any number of times with his dog until the Police started cracking down and had never observed any problems. The problems people complain about with dogs on the beach are the same problems we have with dogs all over town, and it is interesting that the Police are not going around in the neighborhoods ticketing people because their dogs are not on leashes or they are not cleaning up after their dogs. Mr. Schmidt felt this to be selective enforcement, and further commented that he has received a log of complaints from people about how heavyhanded the Police have been since enforcement began in earnest. He stated that he did not have a problem with Mr. Marino's suggestion other than he would make the area start- ing north of where the boats are, not just north of Beach Drive, to give it a try and see see how it goes. He concluded by stating that he had never heard any complaints until this came about a couple of weeks ago and he has gotten more complaints -14- 8/05/97 about how the Police are reacting to it than complaints from people who have a problem with dogs on the beach. Mr. Randolph expressed concern that not everybody with a dog is going to be as responsible as Mr. Marino. However, he stated that he would not rule out the idea of the Commission holding a public forum on the issue. Mayor Alperin stated that over the years he has re- ceived far more comments from people who feel that allowing dogs on the beach is inappropriate than from those who have suggested they be allowed. He felt that if this were to be allowed for even a test period to determine whether or not it would have an impact, the City would be unleashing an unretractable monster. What would happen is that Delray Beach would immediately get the reputation for having the dog beach, and once that happened it would be very difficult to stop. People from all over the county and maybe from outside the county would be coming to Delray Beach to bring their dogs to the beach and it could turn into a tremen- dous problem to try to correct. Mayor Alperin stated that he felt the proposal should not be pursued as he did not feel it. would improve the quality of life in the city and would take away from the majority of people the pleasure of the beach which is already protected by the ordinance. The City Manager clarified that at a recent meeting there was a gentleman who came in who seemed to be under the impression that the restriction also applied to beaches in front of private property. That is not true. The restriction applies only to the municipal beach. Upon further discussion, it was the majority consensus of the Commission to leave the ordinance as it is and not pursue any further action. In dissent, Mr. Schmidt stated he would look at it further because the biggest complaint he has heard from people is that they can't get access to the areas north of the public beach. The Police are stopping them from going on the beach at all, so even if they wanted to try to comply with the ordinance and get up north to private property, they can't do it. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A ORDINANCE NO. 29-97: An ordinance amending Chapter 35, "Employee Policies and Benefits", subheading "Civil Service", of the City Code to conform with the changes to the Civil Service Special Act passed by the 1997 State Legislature as embodied in enrolled local bill HB 521. 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. -15- s/05/97 The City Manager presented Ordinance No. 29-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CF_APTER 35, "EMPLOYEE POLICIES AND BENEFITS", "CIVIL SERVICE", SECTION 35.002, "APPLICA- TION; EXCLUSIONS". BY AMENDING SUBSECTION (A), TO PROVIDE CLARIFICATION OF POSITIONS NOT COVERED BY THE ACT AND BY CREATING A NEW SUBSECTION (C), TO PROVIDE CERTAIN PROTEC- TIONS FOR POLICE MAJORS WITH PREVIOUS CIVIL SERVICE STATUS WITH THE CITY; AMENDING SECTION 35.007, "FIXING PAY AND GRADE THROUGH BUDGETARY PROCESS", BY AMENDING THE TITLE TO "FIXING PAY, POSITION AND CLASSIFICATION THROUGH BUDGETARY PROCESS"; AND SUBSECTIONS (A) (B)(C) AND (D), TO PROVIDE REFERENCES TO POSITIONS AND CLASSIFICATIONS, BUMPING RIGHTS, RIGHTS UPON RESTORATION OF POSITION, AND A HEARING PROCESS TO DETERMINE CONTESTED SENIORITY RATINGS; AMENDING SECTION 35.013, "DISMISSAL", BY AMENDING SUBSECTION (A) TO PROVIDE FOR THE DELETION OF REFERENCES TO GRADE, SUBSTITUTING THE WORD POSITION, PROVIDING FOR REAPPOINTMENT BY THE CITY MANAGER TO VACANT POSITIONS UNDER CERTAIN CIRCUMSTANCES; REPEALING SECTION 35.014, "RETAINMENT OF RANK, GRADE AND SENIORITY; REDUCTION OF NUMBER IN GRADE"; AMENDING SECTION 35.015, "PREFERENTIAL BONUS POINTS", BY RENUMBERING SECTION 35.015 TO SECTION 35.014, "PREFERENTIAL BONUS POINTS"; PROVID- ING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 29-97 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. The public hearing was closed. Mr. Egan moved to approve Ordinance No. 29-97 on Second and FINAL Reading, seconded by Mr. Randolph. 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. 11. Comments and Inquiries on Non-Aqenda Items from the Public-Immediately following Public Hearinqs. 11.A. City Manager's response to prior public comments and inquiries. -16- 8/05/97 In response to a question raised a few meetings ago about the problem of vehicles turning left from southbound Congress Avenue to eastbound Atlantic Avenue and getting over to the on-ramp to 1-95, the City Manager reported that the double turn lane from southbound Congress to eastbound Atlantic allows approximately 800 feet to gain access to the 1-95 on-ramp. The intersection, lane designations and access parameters to 1-95 meet Florida Department of Transportation standards. Staff does not see any changes that could be made to help the situation. Drivers wanting to access 1-95 need to be in the right hand turn lane instead of the inside turn lane. ll.B. From the Public. 11.B.1. MaryLou Jamison, 515 North Swinton Avenue, addressed the Commission concerning yard sales. She referred to what seems to be a continual yard sale at property next door to hers. She has problems with people parking in her yard as well as blocking her driveway. This is a situation she has discussed with Code Enforcement on numerous occasions. The people are running a flea market and the City knows it. Mrs. Jamison felt yard sales are fine but suggested there should be some kind of system to keep track of how many a person has as well as a limit on the number allowed, such as two per year or one every six months. The City Manager commented that the City has no code provision that deals with this type situation. In Winter Park, what ended up happening was a person was required to get a permit, although what it amounted to was you were supposed to call and notify the City that you were having a sale. There was no charge for it, but the City did keep a record and if it was more than one every six months or two per year, it was not allowed. It was the consensus of the Commission to put this issue to a future workshop for discussion as to some type of control. 11.B.2. Gerald DeFoe, resident of Country Manors, asked that the Commission consider joining the City of Boynton Beach in opposition to the State Legislature's position on school con- struction and renovation, or House Bill 2121. He encouraged the Commission members to acquaint themselves with the mission statement of Students First, which advocates the immediate application, by referendum, of concurrency. Mr. DeFoe stated that PROD has taken the position to strongly advocate the con- struction of new schools, that the state return more monies to counties like Dade, Broward and Palm Beach, and to voice opposi- tion to the careless way in which the Legislature has handled the use of portables in relation to school construction. Mr. DeFoe concluded by asking the Commission to join with the City of Boynton Beach and other municipalities in Palm Beach County who are incensed about what the Legislature did as far as the con- -17- 8/05/97 struction of new schools and the rehabilitation of local schools, especially along the seaboard. ll.B.3. Tom Fleminq, 215 N.E. 1st Avenue, endorsed Mr. DeFoe's comments concerning the need to oppose House Bill 2121. Mr. Fleming explained he is a member of a subcommittee for the Eastward Ho! Implementation Strategy Commission and this is one of the issues that has been discussed. The overwhelming consen- sus of those participating is that this legislation could have a considerable impact particularly on school development, redevel- opment, rehabilitation and infill construction in the urban area along the Eastward Ho! focus district. Mr. Fleming suggested this would be an excellent issue for the City's Education Board to get involved with and an opportunity to learn more about this important issue so that the Education Board can serve as a strong advisor to the City Commission. 12. FIRST Readings: None 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manaqer. The City Manager reported that a meeting was held with BFI last week to discuss the company's continued unsatisfactory performance in the collection of yard waste and bulk trash. One thing they have proposed and which staff feels is acceptable, is starting the 1st of September they will no longer separately collect vegetative waste. It will be collected along with everything else. The law only requires it to be separately collected if it is going to a landfill. Since the City's waste goes to a waste energy facility, there is no legal requirement to separate it. BFI feels that part of the problem is due to the complexities involved in the separation. They also want to shift the area west of llth Avenue so that it will become part of the area that is collected on the same day as west of 1-95. This would make the collection area to the east a little smaller. It is the area that seems to have the most problems and has the highest volume of waste generation. The City Manager stated he is hopeful that these measures will significantly improve the appearance of the city and help to resolve the problem. 13.B. City Attorney. The City Attorney had no comments. 13.C. City Commission. 13.C.1. Mr. Ellingsworth asked if it had been clarified as to whether or not the voting delegate to the Florida League of Cities annual conference needs to be an elected official? The City Manager responded that staff had checked with the League and the voting delegate does not have to be an elected official. -18- s/05/97 13.C.2. Mr. Randolph had no comments. 13.C.3. Mr. Schmidt reported he had just gotten back from the International Sister Cities Convention. Delray Beach sponsored a couple of students this year, one from Carver Middle School and one from Atlantic High School. He felt it was a great experience for them in that they got to meet kids from all over the world. Our young man ran for Vice President of the International Youth organization. He didn't win this time around but the national board was very impressed with him and they are encouraging him to run again next year. Mr. Schmidt noted that the convention next year is going to be held in Miami and he has already spoken to a representative from the Secretary of State's office and the Dade County delegation about trying to have something in Delray Beach while the convention is going on. Mr. Schmidt continued that while at the convention, he had the opportunity to visit the U.S.S. Kitty Hawk. A friend of Bob Barcinski's took over command of the ship and they attended the ceremony. He stated that it is a little city unto itself (5,200 people) and so the commanding officer asked us to pass along to Mayor Alperin a baseball cap from the Kitty Hawk. 13.C.4. Mr. Eqan had no comments. 13.C.5. Mayor Alperin, responding to Mr. DeFoe's comments, stated he had been asked to endorse Students First but chose not to because he does not believe in everything they propose. He cautioned that when one uses the word 'concurrency', it is very important to know exactly what it means. It has a very broad definition and one should be very sure of what it means before putting your name behind it. Mayor Alperin continued that the new legislation regulating new school construction and rehabilitation has some good elements in it, but overall is a terrible piece of legisla- tion. He is very much against it and supports it being changed, but wants it changed to the right thing. He concurred with the comment that the Education Board should be looking at this issue to develop a recommendation to the City Commission. There being no further business, Mayor Alperin declared the meeting adjourned at 7:45 p.m. ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the -19- 8/05/97 minutes of the August 5, 1997, regular meeting of the City Commission, which minutes,~were formally approved and adopted by the City Commission on ~z~ /9~ /~7 · C~ty ' C]le]~ NOTE TO READER: 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. -20- 8/05/97 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS IANI NAMI tlR%I Ns, MI MII)I)I I: NAMt: NAME OF'i:IOARD. COtlNCII.,COMMI.~.~ION. AU'I ItORI1Y. OR COMMII'I[:F '~H~ ~¢)A,~O.('Ot:NCU..COMM_ ~0 .^ Ho T¥ co 'EEO~ WHICH IS~" ' -ERVF IN A UNI'r OF: CI r¥ COUNI~ NAME OE ~I.ITI[AI. ON ~ OCCURRED DA] E VO'I P MY ~ITION IS: WHO MUST FILE FORM 8B This form is lbr use b)' any person serving at the count)', city, or other local level of government on an appointed or elected board, council, commission, authority, or committee, h applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION t~2.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person ~esponsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agencT. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. FORM gB- 1-91 PAGE IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: * You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of thc meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST '-7: i, ,,.. --c. ~ ,,,.~. , hereby disclose that on ': '~ % _ , 19 (a) A measure came or ~'ill come before my agency which (check one) ~ inured to my special privme gain; or ~ in,red Io Ibc special gain of ~ ~ ~"~ , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSIIIUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B- I-~! PAGE