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09-09-97 SEPTEMBER 9, 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, September 9, 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 2. The opening prayer was delivered by Reverend Michael McClure, West Park Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Aqenda Approval. Mayor Alperin requested that Item 8.R., Review of Appealable Land Development Board Actions, of the Consent Agenda be moved to the end of the Regular Agenda. Mr. Ellingsworth moved to approve the Agenda as amend- ed, 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. 5. ADproval of Minutes= Mr. Randolph moved to approve the Minutes of the Special Meeting of August 12, 1997; the Regular Meeting of August 19, 1997; and the Special Meeting of September 2, 1997, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. ~llingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Schmidt - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations= 6.A. OF NOTE~ Constitution Week - September 15-19, 1997 Mayor Alperin noted and presented a proclamation recognizing the week of September 15-19, 1997 as Constitution Week. 7. Presentations: 7.A. 1997 Claude Pepper Florida Cities Award - Delray Beach Police Department Volunteer Program Police Chief Richard Overman introduced Alan Clements, Director of the Claude Pepper Foundation, Inc., who presented an overview of Claude Pepper's life and the history of the Founda- tion. The application from Delray Beach came in first place for cities whose population is over 20,000. In recognition for the benefits which they provide to the City and the Police Depart- ment, volunteers from the program came forward to accept a plaque presented by Mr. Clements, including a check in the amount of $15,000.00 from the Claude Pepper Foundation Award for the Delray Beach Department Volunteer Program. Mayor Alperin stated that the City is extremely proud of these individuals who have helped to change the quality of life in our city and expressed his thanks to all who participate in this program. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. NOMINATION FOR MEMBERSHIP ON BEACH FUNDING SUBCOMMIT- TEE/PALM BEACH COUNTY INTERGOVERNMENTAL COORDINATION PROGRAM: Approve the nomination of John Walker for membership on the Beach Funding Subcommittee for consideration by the Palm Beach County Intergovernmental Coordination Executive Committee. 8.B. RESERVED TEE TIME PROGRAM FOR HOTEL GUESTS: Approve the continuation of the reserved tee time program for hotel guests for an additional year at the municipal golf course. 8.C. AGREEMENT FOR LOBBYING SERVICES/KATHLEEN E. DALEY: Approve an agreement for consultant/lobbying services between the City and Kathleen E. Daley for the period October 1, 1997 through September 30, 1998. 8.D. AMENDMENT TO MEDICAL DIRECTOR AGREEMENT: Approve an amendment to the Medical Director agreement with Randall L. Wolff, M.D., to extend the term of the agreement beyond September 30, 1997, until September 30, 1998, and allow for subsequent extensions. 8.E. AMENDMENT TO LEASE AGREEMENT WITH OLD SCHOOL SQUARE: Approve an amendment to the lease agreement with Old School Square to clarify that the City will maintain general liability insurance for risks outside the buildings and property insurance for the buildings themselves. -2- 9-09-97 8.F. AMENDMENT TO INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/ SANDOWAY PROPERTY: Approve an amendment to the interlo- cal agreement with Palm Beach County relating to the Sandoway property to allow the additional 30 parking spaces to be provided by the City on-site as well as within the City's adjacent parking lots on the north and south sides of the property. 8.G. SOUTH PALM BEACH COUNTY PUBLIC SAFETY COMMUNICATIONS COOPERATIVE INTERLOCAL AGREEMENT: Approve an interlocal agree- ment by and among the City of Boca Raton, the City of Delray Beach and the City of Boynton Beach to establish the South Palm Beach County Public Safety Communications Cooperative. 8.H. NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) INTERLOCAL AGREEMENT: Approve an interlocal agreement between the City and the Northern Palm Beach County Improvement District with respect to the NPDES permit issued by the U.S. Environmental Protection Agency on December 9, 1996. 8.I. AGREEMENT FOR EMERGENCY/HURRICANE RESPONSE SERVICES: Approve the standard form of agreement to be executed by the awarded vendors for emergency and hurricane response services as approved by the City Commission on August 19, 1997. 8.J. RELEASE OF WATER SERVICE AGREEMENTS/WILLIAM L. & KATHLEEN S. WALLACE: Approve the release of two Agreements for Water Service between the City and William L. Wallace and Kath- leen S. Wallace on property located at the northwest corner of Wallace Drive and Linton Boulevard. 8.K. ASSIGNMENT OF TENNIS CENTER MANAGEMENT CONTRACT: Approve assignment of the tennis center management contract from BJCE, Inc. to Dubin and Associates, Inc. 8.L. ACCEPTANCE OF EASEMENT DEEDS FOR ROSEAIRE RETREAT: Accept an easement deed from Roseaire Retreat, Inc. and an easement deed from Lee's Crossing-Delray Beach Limited Partner- ship to accommodate the installation of sanitary sewer improve- ments associated with the Roseaire Retreat development located on the west side of Gallagher Road at the end of Brady Boulevard. 8.M. ACCEPTANCE OF EASEMENT DEED/GLEASON STREET SIDEWALK: Accept an easement deed from 1995 Atlantic Center Associates, Ltd. to provide for the maintenance of an existing sidewalk on the west side of Gleason Street, south of Atlantic Avenue. 8.N. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify various actions approved by the SCRWTD Board on August 20, 1997. 8.0. FINAL PAYMENT/ANTONIO SANCLEMENT: Approve final payment in the amount of $1,445 to Antonio Sanclement for instal- lation of hurricane shutters at the City Attorney building, with funding from 334-6111-519-62.10. 3 9-09-97 8.P CODE ENFORCEMENT BOARD RULES: Approve the Rules of Procedure for the Code Enforcement Board as adopted by the board on July 8, 1997. 8.Q. RESOLUTION NO. 69-97: A resolution endorsing the creation of one minimum state building code, providing that such code will permit local government flexibility to adopt certain local amendments and provide for local control of construction appeals boards and local enforcement and administration of building and fire codes. The caption of Resolution No. 69-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ENDORSING THE ADOPTION OF ONE MINIMUM BUILDING CODE FOR THE ENTIRE STATE, PROVIDING THAT SUCH CODE WILL PERMIT LOCAL GOVERNMENT FLEXIBILITY TO ADOPT CERTAIN LOCAL AMENDMENTS; LOCAL CONTROL OF CONSTRUCTION APPEALS BOARDS AND LOCAL ENFORCEMENT AND ADMINISTRATION OF BUILDING AND FIRE CODES. (The official copy of Resolution No. 69-97 is on file in the City Clerk's office.) 8.R. THIS ITEM WAS MOVED TO THE REGULAR AGENDA. 8.S. AWARD OF BIDS AND CONTRACTS: 1. Bid award in the amount of $184,949 to Man-Con, Inc. for S.E. 4th Street infrastructure improve- ments, with funding in the amount of $112,603 from 442-5178-536-61.78 and $72,346 from 448-5411-538- 62.34, through budget transfer from 448-5411-538- 99.01. 2. Multiple bid awards in the estimated annual amount of $194,740.27 to various vendors for pipe fit- tings and accessories for the Water/Sewer Network and Construction Divisions, with funding from various accounts in the Water and Sewer Fund. 3. Bid award in the amount of $721,622 to Akerblom Contracting, Inc. for construction of Phase II of the Aquifer Storage and Recovery Well at the North Reservoir site, with funding in the amount of $672,822 from 441-5181-536-69.18 and $48,800 from 440-5179-536-69.18. Mr. Ellingsworth moved to approve the Consent Agenda as amended with the deletion of Item 8.R., (Review of Appealable Land Development Board Actions), seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; -4- 9-09-97 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. CONDITIONAL USE REOUEST/RENTAL 1-DELRAY: Consider a request for conditional use approval to establish a storage and rental of light construction equipment facility (Rental 1-Delray) within the MIC (Mixed Industrial and Commercial) District. The subject property is located at the northeast corner of N.W. 18th Avenue and Dr. Carol Krol Way, approximately 420 feet east of Congress Avenue. QUASI-JUDICIAL PROCEEDING The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Planning Director, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. This petition involves a parcel consisting of approximately 3 1/4 acres in size and is adjacent to the CSX Railroad, east of Congress Avenue. The property is zoned MIC (Mixed Industrial and Commercial) and the proposed use is light construction equipment as an accessory use (i.e. fork lifts, bob cats, generators and backhoes, etc.). Most of this equipment will be stored inside but outside storage is also involved. There will also be retail sales and repairs associated with the use. The use is listed as a conditional use in the MIC District and meets the required findings. Most of this equipment will be used offsite and the repairs will not have a negative impact upon adjacent properties. She noted that the property does need some improvement with respect to landscaping, and if the application for conditional use is approved and a subsequent application for site plan modification is submitted, these issues will be addressed at that time. The Planning and Zoning Board considered this item at its meeting of August 18, 1997 and recommended approval subject to conditions. Mayor Alperin declared the public hearing open. Fernando Pinera, Agent, thanked the Commission for its consideration of this petition. There being no one else who wished to give testimony on this item, the public hearing was closed. Mayor Alperin noted that this parcel is close in proximity to the Keystone Creations stone cutting facility on Congress Avenue. He asked staff if the Rental 1-Delray's parcel abuts Keystone Creations. -5- 9-09-97 In response, Ms. Dominguez stated the two parcels are not adjacent to one another as they are separated by two vacant lots. Mr. Randolph expressed concern regarding the washing of rental equipment and the use of lubricants on the site. In response, Ms. Dominguez felt there shouldn't be a problem as the equipment will only be washed so that it is clean before a new rental. However, there are certain treatments which need to be done and they will need to meet those requirements. She noted that these issues can be addressed during the site planning process. Upon question by Mayor Alperin, the Planning Director stated that no cranes will be stored on the site. She explained that code limits the storage and rental of light construction equipment which are not over 24 ft. long, 8 ft. wide and 10 ft. in height. Mayor Alperin expressed concern of signage being posted on cranes. In response, Ms. Dominguez stated that there will be no signage on the equipment and this issue will also be addressed during the site planning process. Mr. Egan moved to approve the conditional use request for Rental 1-Delray, subject to the findings and conditions as recommended by the Planning and Zoning Board, 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. 9.B. FY 1998 GOLF RATES/MUNICIPAL GOLF COURSE: Consider approval of the proposed FY 1998 golf rates for the Municipal Golf Course. Mr. Ellingsworth moved to approve the proposed maximum rates for FY 1998 for the Municipal Golf Course, seconded by Mr. Randolph. 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. 9.C. FY 1998 GOLF RATES/LAKEVIEW GOLF COURSE: Consider approval of the proposed FY 1998 golf rates for the Lakeview Golf Course. Mr. Egan moved to approve the proposed maximum rates for FY 1998 for the Lakeview Golf Course, seconded by Mr. Ran- dolph. 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. -6- 9-09-97 9.D. RESOLUTION NO. 68-97: Consider approval of a resolu- tion authorizing the City to purchase two lots adjacent to the Leon Weekes Environmental Preserve for the purpose of providing amenities associated with the park. The City Manager presented Resolution No. 68-97: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 68-97 is on file in the City Clerk's office.) The City Manager stated the City does have access to the environmental preserve from Curlew Road which dead ends into the property. However, when planning the property, it was determined that this was not adequate to accommodate bus parking and a bus turnaround. Since it is hoped that the Leon Weekes Environmental Preserve will be used in conjunction with school programs, the ability to accommodate buses is necessary. Also, there has been interest expressed from the neighborhood about adding this property to the park. The property will be acquired at its appraised value of $55,000.00. Mayor Alperin asked if the residents of the neighbor- hood are aware that the City will be acquiring these two lots? The City Manager responded that he was not sure, but would see to it that the neighborhood is notified if it has not already been done. Mr. Ellingsworth moved to approve Resolution No. 68-97, 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. 9.E. REMOVED 9.F. DATE FOR THE 6TH ANNUAL TOWN HALL MEETING: Confirm a date for the 6th Annual Town Hall Meeting to be held at the Crest Theater at Old School Square. It was the consensus of the Commission to accept the City Manager's recommendation that the annual town hall meeting be scheduled for February 10, 1998, in lieu of the regularly scheduled workshop meeting. If a work session becomes necessary, the Commission could schedule it for an alternate date. -7- 9-09-97 Mayor Alperin reiterated the Commission's prior consen- sus that staff presentations be kept to a minimum so that the public will have more time for input without having the meeting run on late into the evening. 9.G. APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint a member to the Site Plan Review and Appearance Board to fill an unexpired term (layperson) ending August 31, 1998. The appointment will be made by Commissioner Egan. Mr. Egan moved to appoint Sharon Fowler to the Site Plan Review and Appearance Board to fill an unexpired term (layperson) ending August 31, 1998, 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.H. APPOINTMENTS TO THE POMPEY PARK ADVISORY COMMITTEE: Appoint two citizen members and one member 13-19 years of age to the Pompey Park Advisory Committee for two year terms ending September 13, 1999. The citizen member appointments will be made by Commissioner Egan and Commissioner Ellingsworth, and the 13-19 age group member by Commissioner Randolph. Mr. Egan moved to appoint Josh Smith to the Pompey Park Advisory Committee (citizen member) for a two year term ending September 13, 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 moved to appoint Myra B. Julian to the Pompey Park Advisory Committee (citizen member) for a two year term ending September 13, 1999, 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. Randolph moved to appoint Kenneth Julian to the Pompey Park Advisory Committee (13 to 19 years of age group) for a two year term ending September 13, 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. At this point, the Commission considered Item 8.R. which was moved from the Consent Agenda. 8.R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period August 18 through September 5, 1997. 8 9-09-97 Mayor Alperin questioned the Site Plan Review and Appearance Board's item 6. (approval of the elimination of a right turn lane at the Villas D'Este development). He noted that this project is a 191 unit rental complex on West Atlantic Avenue and expressed concern about elimination of the turn lane since he felt this would lead to traffic backing up on West Atlantic Avenue. Diane Dominguez, Planning Director, explained that the project does not meet FDOT standards for turn lanes and the developers could not get a permit for the turn lane without getting a variance from FDOT. FDOT's standards are based on the number of trips into the development and also the proximity of the turn lane to other accessways. This project did not meet the criteria nor did the developers get any indication from FDOT that a variance for the turn lane would be supported by FDOT. Mayor Alperin expressed concern that if at some point in the future it is determined that the turn lane is needed, then the City will probably get stuck paying for it. Mr. Schmidt moved to receive and file the report, 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. At this point, the Commission considered the First Readings portion of the Agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 34-97: An ordinance amending Chapter 52, "Water", of the City Code by amending Section 52.34, "Water Rates", to provide for increased residential, nonresidential and irrigation rates for FY 1997/98. If passed, a public hearing will be scheduled for September 23, 1997. The City Manager presented Ordinance No. 34-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANC- ES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34(B), TO PROVIDE FOR INCREASED RESIDEN- TIAL, NONRESIDENTIAL AND IRRIGATION RATES FOR FY 1997/98; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. 9 9-09-97 Mayor Alperin stated that the ordinance effectuates a two percent (2%) increase which is necessary to keep up with the cost of operating the water and sewer system. Mr. Ellingsworth moved to approve Ordinance No. 34-97 on FIRST Reading, 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. 12.B. ORDINANCE NO. 35-97: An ordinance amending Chapter 53, "Sanitary Sewers", of the City Code by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for increased residential and nonresiden- tial/commercial rates for FY 1997/98. If passed, a public hearing will be scheduled for September 23, 1997. The City Manager presented Ordinance No. 35-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION 53.130(D), TO NONRESIDEN- TIAL/COMMERCIAL RATES FOR FY 1997/98; PROVID- ING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Alperin stated that, again, this ordinance effectuates a two percent (2%) increase which is necessary to keep up with the cost of operating the utility. Mr. Randolph moved to approve Ordinance No. 35-97 on FIRST Reading, seconded by Mr. Egan. 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. 12.C. ORDINANCE NO. 36-97: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code by amending Section 51.70, "Regular Charges Levied", to provide for increased garbage, trash, recycling, vegetation and bulk waste collection service rates for FY 1997/98. If passed, a public hearing will be scheduled for September 23, 1997. The City Manager presented Ordinance No. 36-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE -10- 9-09-97 OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL SERVICE, MULTI-FAMILY AND COMMERCIAL COLLEC- TION SERVICE RATES FOR FY 1997/98; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Joe Kamarata, 764 Avocet Road, representing the Tropic Palms Homeowners Association, stated that he is not pleased with the current garbage service. His understanding was that the City had changed vendors because the present vendor's rates were less than the previous vendor. However, now the residents will be paying more but are getting less service. Joe gafford, Finance Director, explained that with the current sanitation contract, similar to the contract the City had with Waste Management, each year the hauler is authorized the cost of living increase to the collection part of the rates only, not to exceed three percent (3%) per year. The cost of living rate for the previous year was 2.8%. There is no change is service levels. As to the comment that the residents are getting less and paying more, Mr. Safford stated that the City has basically saved one million dollars over the Waste Management contract. With respect to the level of service that is being provided, it should be taken into consideration that there is a million dollar reduction in fees between the two carriers. Mr. Egan moved to approve Ordinance No. 36-97 on FIRST Reading, 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 - No. Said motion passed with a 4 to 1 vote. 12.D. ORDINANCE NO. 37-97: An ordinance amending Chapter 50, "Utilities Generally; Public Service Tax", Section 50.15, "Levy of Tax", to increase the utility tax for the purpose of adequate- ly funding the City's Beautification Program. If passed, a public hearing will be scheduled for September 23, 1997. The City Manager presented Ordinance No. 37-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 50, "UTILITIES GENERALLY; PUBLIC SERVICE TAX" SUBHEADING "PUBLIC SERVICE TAX", OF THE 'CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 50.15, "LEVY OF TAX", TO INCREASE THE UTILITY TAX FOR THE PURPOSE OF FUNDING THE CITY'S BEAUTI- FICATION PROGRAM; PROVIDING A GENERAL REPEAL- -11- 9-09-97 ER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Alperin explained that the proposed ordinance will effectuate a two-tenths of one percent increase in the utility tax. A lot of beautification has been done around the City and this increase is intended to make sure that there is a source of funds to maintain all of it. Mr. Ellingsworth moved to approve Ordinance No. 37-97 on FIRST Reading, 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. 12.E. ORDINkNCE NO. 38-97: An ordinance rezoning a parcel of land from RM (Medium Density Residential) District to CF (Commu- nity Facilities) District for the establishment of a parking lot associated with St. Paul's Episcopal Church. The subject proper- ty is located on the west side of S.W. 1st Avenue, approximately 120 feet north of S.W. 2nd Street. If passed, a quasi-judicial public hearing will be scheduled for September 23, 1997. The City Manager presented Ordinance No. 38-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED ON THE WEST SIDE OF S. W. 1ST AVENUE, APPROXIMATELY 140 FEET NORTH OF S.W. 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Randolph moved to approve Ordinance No. 38-97 on FIRST Reading, seconded by Mr. Egan. Upon roll call the Commis- sion 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. 12.F. ORDINANCE NO. 39-97: An ordinance amending Chapter 101, "Parks, Beaches, and Recreation", Section 101.15 "Defini- tions'', of the City Code to provide for the inclusion of City- owned property generally located north of Beach Drive and east of State Road A1A in the area defined as the municipal beach under -12- 9-09-97 Chapter 101. If passed, a public hearing will be scheduled for September 23, 1997. The City Manager presented Ordinance No. 39-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "PARKS, BEACHES, AND RECREA- TION'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 101.15, "DEFINITIONS", TO PROVIDE FOR THE INCLUSION OF CITY-OWNED PROPERTY GENERALLY LOCATED NORTH OF BEACH DRIVE AND EAST OF STATE ROAD A-l-A, AS MORE FULLY DESCRIBED HEREIN, AS PART OF THE MUNICIPAL BEACH; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Alperin opened the floor for public comment. The following individual addressed the Commission on this issue. John Marino, 815 Palm Trail, asked why this ordinance was being amended now? At the August 5, 1997, regular meeting, he addressed the Commission and asked that a moratorium be placed on ticketing dogs at the municipal beach, thereby denying dog owners and their pets access to the beach. At that time the City Manager stated that this has been a problem for years and the City Commission voted to not pursue the matter any further. Mr. Marino questioned why, if this has been a problem for years, why hasn't it been fixed long before now. He felt there are some needs that are not being met, and that the current Commission as well as previous Commissions have basically permitted a situation to exist that could have been remediated. Mr. Marino stated that he felt he had provided a reasonable alternative at the August 5th meeting, but now it appears that the City is moving to cover all the bases based on information provided by him. After the August 5th meeting, Mr. Marino pursued the issue by speaking with numerous City officials and found that this piece of beach at the north end was not included in the City's description of the beach. If the City wants to do this, that's fine, but Mr. Marino felt strongly that access to the beach for dog owners and their pets should be provided. He reiterated his willingness to become part of a citizens committee to educate people using that part of the beach with their dogs to act responsibly. Mr. Egan moved to approve Ordinance No. 39-97 on FIRST Reading, seconded by Mr. Ellingsworth. 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. -13- 9-09-97 Prior to roll call, Mayor Alperin clarified that at the time the beach legal description was put into the City Code at Section 101.15, the beach only existed up to Beach Drive. The City subsequently acquired the additional property to the north which added to the beach, but nobody went back to amend the definition at Section 101.15. That is what Ordinance No. 39-97 is about, to insure that all of the municipal beach is included in the definition. 12.H. ORDINANCE NO. 40-97: An ordinance amending Chapter 35, "Employee Policies and Benefits", "Retirement Plan", of the Code of Ordinances by amending Section 35.097(A) to provide that the normal form of benefit for participants who are not married at the time of retirement is a single life annuity; amending Section 35.097(C) to remove age-based limitations on disability benefits; amending Section 35.097(J) to conform to recent changes in federal law; and amending Section 35.098 to clarify the minimum benefit payable to multiple beneficiaries of a participant. If passed, a public hearing will be scheduled for September 23, 1997. The City Manager presented Ordinance No. 40-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT"; AMENDING SUBSEC- TION (A) OF SAID SECTION, "NORMAL RETIREMENT INCOME", TO PROVIDE THAT THE NORMAL FORM OF BENEFIT FOR PARTICIPANTS WHO ARE NOT MARRIED AT THE TIME OF RETIREMENT IS A SINGLE LIFE ANNUITY; AMENDING SUBSECTION (C) OF SAID SECTION, "DISABILITY RETIREMENT AND RETIRE- MENT INCOME", TO REMOVE AGE-BASED LIMITATIONS ON DISABILITY RETIREMENT AND RETIREMENT INCOME", TO REMOVE AGE-BASED LIMITATIONS ON DISABILITY BENEFITS; AMENDING SUBSECTION (J) OF SAID SECTION, "MAXIMUM PENSION", TO CONFORM TO RECENT CHANGES IN FEDERAL LAW; AMENDING SECTION 35.098, "SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM BENEFITS" TO CLARIFY THE MINIMUM BENEFIT PAYABLE TO MULTIPLE BENEFICIARIES OF A PARTICIPANT; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Egan moved to approve Ordinance No. 40-97 on FIRST Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. -14- 9-09-97 Mr. Schmidt - Yes; Mr. Egan - Yes; Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:50 p.m., it was the consensus of the Commission to move to Ite~ 14., Closed Attorney/ Client Session, on the agenda. Purusant to statute, the City Attorney announced that the closed session is for the case of Stanley Tate vs. the City of Delray Beach and Lake Worth Drainage District, with the attendees listed below, for the purpose of discussing settlement negotiations and strategy related to litigation expenditures in the referenced case. Mayor Alperin adjourned the regular meeting at 6:50 p.m. for the closed attorney/client session pursuant to F.S. 286.011(8) . 14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: Tare v. City of Delray Beach and Lake Worth Drainage District. Attendees: Mayor Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Kevin Egan Commissioner David Schmidt City Manager David T. Harden City Attorney Susan A. Ruby Assistant City Attorney David Tolces Bill Doney, Esquire A certified court reporter Purpose: Discuss settlement negotiations and strategy related to litigation expenditures in the referenced case. At the conclusion of the closed attorney/client ses- sion, Mayor Alperin reconvened the regular meeting, the time being 7:05 p.m. The City Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: Since Items 10.A., 10.B and 10.C. all related to the FY 1998 budget, it was the consensus of the Commission to conduct a public hearing and accept testimony on all three items, with consideration and a vote to occur separately for each item at the conclusion of the hearing. 10.A. RESOLUTION NO. 64-97: A resolution tentatively levying a tax on all properties within the City of Delray Beach for maintenance and operation, and for payment of principal and interest on bonded indebtedness, for FY 1998. Prior to consider- -15- 9-09-97 ation of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 64-97: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 64-97 is on file in the City Clerk's office.) A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Manager provided a history of the millage in the City via overhead projection. Over the last ten years the City has had increases in millage in 1991 and 1994. Those are the years in which the two portions of the Decade of Excellence bond issue were sold and the City picked up the debt service millage. That was the major reason for the increases in those years. Between 1991 and 1993, the millage stayed constant. Starting after 1994, the millage has been reduced slightly each year. The budget presented to the Commission as part of to- night's agenda would keep the millage at 7.85. As he indicated at the work session, the Manager has continued to work on ways to reduce the millage since interest has been expressed by the Commission in bringing it down. The graph shows the millage coming down to 7.80 which is an additional 5/100th's of a mill reduction. The City Manager then reviewed what is happening with some neighboring cities' millage rates. Boca Raton's millage is very low to start with and they are reducing their millage. Apparently they are getting rid of some debt, so they are going down from 3.62 to 3.38. Boynton Beach is going down from 8.38 to 8.33, and West Palm Beach is going down from 9.51 to 9.14. Palm Beach Gardens is going up, from 3.91 to 4.09 because they have sold some bonds, but their operating millage is going down from 3.91 to 3.84. Further, with respect to Boynton Beach, their operating millage is 7.9251 and they are holding that constant. The decrease is in their debt service which is going down from .45 to .41. Boynton's debt service millage is about half of Delray Beach's debt service millage. The City Manager continued that the proposed millage as has been advertised and which is the basis for the notices sent to all property owners is 7.85. To go above this rate would be difficult and would require renotifying every property owner in the city by mail which would be a cumbersome and expensive -16- 9-09-97 process. In reviewing revenue estimates, the City Manager stated that we were able to increase some and also found a couple of items that had been overlooked earlier. The budget proposal this evening would allow the Commission to reduce the millage by .05 and still leave $150,000 to allocate between the three different agencies that have been discussed (Old School Square, Pineapple Grove and the Delray Beach Library). The City Manager stated that he feels the Library Board has done an excellent job of documenting their need and he feels they need a minimum of ten percent increase in their budget this year. He acknowledged that the Library is asking for a good deal more than this, but in looking at the overall budget which is going up less than two percent (2%), it makes it very difficult to increase a particular part of the budget by fifty percent which is what the Library asked for. Regarding the library, the City Manager continued that he thought the editorial in the PALM BEACH POST was somewhat misleading and the one in the SUN SENTINEL on Monday was totally misleading. It has a statement in it at the end, "In any case, Delray Beach taxpayers already are helping to subsidize the County's system whether they use it or not." This is not a true statement. The County has a separate library district which levies a millage of 0.4997, or almost half a mill. If that millage were levied in Delray Beach, it would raise about $1.25 million. Delray Beach residents do not subsidize the County's system and are not part of the County's library district, al- though he understands that the Library Board has recently entered into a reciprocal agreement with the County Library so you will be able to use the County's library system without having to pay an extra fee. While this is advantageous, the City Manager felt it was important for people to realize that we are not paying to be part of the County's system. The PALM BEACH POST's editorial seemed to indicate that we could join the County's system and it would not cost anybody anything. That is not true. It would cost us $1.25 million or an additional half mill if we were to join the County system. At this point, the City Manager proceeded to a second overhead entitled: "General Fund Revenues, Expenditures and Changes in Fund Balance". Total revenues are shown as $46,889,770, an increase of 1.75% over last year, with expendi- tures being similar to that. He distributed to the Commission an amended Exhibit "A" to Resolution No. 66-97 based on an operating millage of 6.95 mills. The Exhibit "A" included in the agenda notebook is based on an operating millage of 7.00 mills. The City Manager then distributed to the Commission a budget summary by department and reviewed same. He noted that the FY 1998 budget does not have any large changes in it and some of the smaller budgets are actually showing decreases. One employee is being added in Management Information Services which is why that budget shows an 8.46% increase, but there are other positions in the General Fund which are being deleted so there is no change in the total employee count in the General Fund. There is a 13.42% increase in the Tennis Center, but there are offset- ting revenues to that increase. -17- 9-09-97 The City Manager further noted that the largest signif- icant item in the entire Police Department budget is the full implementation of the laptop computers throughout the Police Department. This $679,000 expenditure is included in the Capital budget plus there are some additional operating costs. In the Fire Department, a Plan Reviewer/Inspector position has been added to help deal with the tremendous level of development occurring in the City. Current staff has not been able to keep up and get plans reviewed and permits issued as quickly as we would like. Increases in permit revenues will offset the cost of this position. There is a significant increase in the Parks & Recrea- tion Department of 7.1%. We are trying to catch up on a lot of deferred maintenance, particularly at Pompey Park and the Commu- nity Center. In this exhibit, an additional $60,000 is shown for Old School Square and there is also an additional $60,000 more for the Library. The debt service is down because the City has paid off the note on expansion of the tennis stadium. Transfers is up primarily because general capital expenditures have increased by a couple of hundred thousand dollars. Also, the tax increment amount that is going to the Community Redevelopment Agency is up by about $100,000, and that is part of the transfers. The City Manager then stated that he had forgotten to mention the following while he was addressing the issue of the millage. In Section 1 of the millage resolution, it indicates that a levy of 7.00 mills would be 4.09% above the rolled back rate. At 6.95 mills, it is 3.34% above the rolled back rate. In conclusion, the City Manager stated that staff is prepared to answer any questions the Commission or the public might have concerning the budget. In response to a question from Mr. Randolph, the City Manager stated that the 2.63% increase for the Highland Beach fire department services represents normal salary growth. The full amount shown for this item is $1,337,060 which is paid to the City by Highland Beach, plus an overhead charge of about $135,000. In response to a question from Mr. Schmidt, the City Manager explained that the City Clerk's budget included monies to be used for improvements to the records storage facility. Staff determined that this item really belonged in the capital budget and not in operating, so it was moved into the capital improve- ment program. Mr. Ellingsworth noticed a minimal increase for the Planning and Zoning Department and asked if the Plan Reviewer was just for the Fire Department or would this position be able to service the Planning and Zoning Department. -18- 9-09-97 In response, the City Manager explained that the Plan Reviewer's function is partly for reviewing fire codes and partly in the building division of the Community Improvement Department. Community Improvement is also adding two part time employees to help with the additional workload (a Plan Reviewer and a clerical position). He apologized that he had forgotten to mention earlier that the Plan Reviewer will service both departments. At this point, Mayor Alperin declared the public hearing open for Items 10.A., 10.B. and 10.C. Georqe Rotchford, 2129 S.W. 35th Avenue, commended the Commission for holding the line as he felt the library used coercive techniques to the Commission into giving the library nearly 50% more money than was allocated. He thought that most of the money is going to increased salaries and benefits to library employees. Mr. Rotchford felt the City Commission should deduct 10% from the original allocation of funding to the li- brary. He noted there was a lot of disruption to the City Manager's office by supporters of the library inciting people to phone and write letters to the Commission for additional funding. He felt the library should explore a closer association with the County's library system and utilization of its many facilities which are paid for by Delray taxpayers whether they use the library or not. A majority of the taxpayers support and commend the City Commission for their vital interests and trust they will stand firm against all pressure groups. Jerry Marshall, resident of Woodlake, supported the library's request for additional funding. He felt that the library should be open seven days a week, especially during the season. It was pointed out by Mr. Marshall that a lot of antago- nism has been building up and suggested that everyone should start all over and try to reach some sort of compromise. Harvey Brown, Jr., 110 N.E. 7th Avenue, President of the Board of Directors for the Delray Beach Library, stated that the intent of the public's generation of support was good but the execution was not perfectly designed. The library's services are not up to par and the request for additional funding is based on long range plans. The Board of Directors feel the millage should be 7.85%. In conclusion, Mr. Brown warned the Commission that the library's request for additional funding will be an ongoing request. Barbara Gould, representing the Drug Abuse Foundation, thanked the Commission for its present support and for the opportunity to continue working together in the future. Tom Fleming, 215 N.E. 1st Avenue and Program Manager for the Pineapple Grove Mainstreet Program and expressed his appreciation to the City Commission for its past support. -19- 9-09-97 Daniella Henry, representing the Delray Haitian Commu- nity Council, stated that they were excluded from the budget and urged the Commission to reconsider their request for funding in the amount of $19,000.00. Lisa Johnson, Head Coach and Coordinator for the Atlantic High School Delray Eagles AAU Basketball Team, thanked the Commission for its support and for sponsoring the girls' basketball team at the National Basketball Tournament in Orlando. At this point, several members of the Delray Eagles team came forward to express their appreciation to the Commis- sion. Edith Thompson, 3106 Cormorant Road and representing Community Neighborhood Helping, stated that this organization helps to educate children and their parents in the inner city. She emphasized that children play an important part in our community and urged reconsideration of their request so that their work can continue. Dianatha Grant, representing Hospice-By-The-Sea located in Boca Raton, thanked the Commission for its support and provid- ed an update since their application for funding. The agency served 2,300 terminally ill patients in Palm Beach and Broward Counties during the past year. Hospice served 506 patients who were residents of Delray Beach. Of all donations and fund raising events, not including their thrift shop, 6% came from Delray Beach. Joe Kamarata, 764 Avocet Road, Tropic Palms Homeowners Association, stated that he had visited a library in another city which had a coffee shop in their library. Mr. Kamarata reiterat- ed his request for sidewalks and curbing in Tropic Palms. 0live Bear, representing the Southridge Road Homeowners Association, stated that the City had promised a road in Southridge and that they were annexed into the City approximately six years ago. She emphasized that Southridge still needs the road. Charlene Perkins, 16316 Country Lakes Circle and representing Alpha-Time Children's Center located in the village of Carver Estates. She explained that the request for funding would help the parents who have children 12 months to 5 years of age. Volunteers at the Center watch the children to enable their parents to go grocery shopping, run errands, etc. Since the Center was denied their request for funding, Ms. Perkins asked the Commission to reconsider their request. Mr. Martinez, 506 Southridge Road and President of the Southridge Homeowners Association, reiterated prior comments for the need of the road in the Southridge and pointed out that other roads are in need of repair in this subdivision. -20- 9-09-97 There being no one else who wished to address the Commission, the public hearing was closed. Mayor Alperin began the discussion by stating that if the City had unlimited resources, the Commission would certainly try to satisfy everyone's request because everybody has a good issue and a real need. Unfortunately, that is not the case. It is extremely difficult to sit on the Commission and make deci- sions about who will get funded and who will not get funded. He, personally, has some reservations about how deeply government should be involved in funding charitable organizations and feels that government involvement should be limited. The City does have a responsibility to certain areas such as redevelopment, City-owned museums and the library. It is not that all of the groups and organizations are not worthwhile, it is just that the Commission does not want to add more to the tax burden of the population. Secondly, regarding the millage levy, Mayor Alperin stated that he emphatically supports a millage reduction again this year to demonstrate a downward trend by the City. Taxes are still basically going up even though the millage is going down, due to increased property values, assessments and the rolled-back rate. It is extremely important to have a reasonable trend in order to attract businesses and the general population to Delray Beach. He emphasized that the City needs a long term reduction in millage that will demonstrate our seriousness about control- ling government. Mr. Randolph concurred with Mayor Alperin's comments, noting that this Commission has always tried to hold the line on taxes. Mr. Egan stated that he, too, does not want to raise taxes but is a little concerned the Commission may be cutting things a little too close with the millage reduction. He pointed out that the popularity of Delray Beach has increased tremendous- ly over the past year and requests continue to come in for more and better Police protection, code enforcement and physical plant improvements such as at Pompey Park. He cautioned against reducing the millage just for the sake of continuing a trend and cutting ourselves so short that there won't be any maneuvering room if and when something comes up that needs to be taken of. Mr. Egan suggested leaving the millage rate at its current rate of 7.85 for this year to provide some breathing room for the City in view of the City's resurgence which everybody has worked so hard to bring about. On question from Mr. Egan, the City Manager stated the 5/100ths of a mill equates to $130,000, so if the millage were left at 7.85 (operating millage at 7.00), the funds available would increase from $150,000 to $280,000. -21- 9-09-97 Mr. Egan asked the rest of the Commission to consider this very carefully. He further stated that he did not mean the extra funds should be allocated to any one group at this point, but would provide a little more breathing space. The City Manager clarified that this year the City is funding items which have been put off for five or six years at facilities like Pompey Park and the Community Center. Not everything that the department head would like to see done is being funded, but we are taking care of a lot of deferred mainte- nance. Mr. Schmidt stated that as a new Commissioner this is the first time he has gone through the budget process and compli- mented the City Manager and Finance Director for the manner in which they prepared and presented all of the information. He stated that the idea of the trend in continuing to cut taxes is laudable, but look at what is happening (parallelling a trend in American society in general) with downsizing and cutting costs to an extreme. In corporate America it is for the stockholders; here it is to say the local government is continuing to cut taxes. The parallel is that in corporate America it is having a tremendous effect on the American worker and their quality of life. People are tense, people do not have the benefits they used to have, and he felt the Commission needed to make a deci- sion as to whether they want to see this same type of trend in the city. In order to keep cutting taxes, he questioned if we will have to keep tweaking things, delaying maintenance, or not spending money this year on something the people want. Mr. Schmidt felt that the most contentious budget issue this year has been the library. Putting aside his personal feelings about how the library's campaign was handled, he stated that he could not support the 6.95 operating millage rate because it would be cutting things too much, particularly where the library is concerned. Mr. Schmidt felt the millage could be cut somewhat, but more money should be allocated to the library. He also expressed concern that the contingency in the revised exhibit distributed this evening has almost been eliminated. Mr. Ellingsworth stated that he would support Mr. Egan's suggestion that the millage be held at 7.85, but that the extra funds be held in reserve and not be allocated to any particular purpose. He felt there are going to be many things coming to the Commission over the next year which are not yet known and which the Commission may want to support, such as the funding for the girls basketball team which occurred last year. Mr. Ellingsworth supported the concept presented by Mr. Egan of not allocating the $130,000 to any particular group and to follow the City Manager's suggested funding to Pineapple Grove in the amount of $30,000, an increase of $60,000 to Old School Square, and an additional $60,000 to the Library. If that is not the case, Mr. Ellingsworth stated he would support Mayor Alperin's preference of reducing the operating millage rate to 6.95. -22- 9-09-97 Mr. Egan moved to adopt Resolution No. 64-97 with the millage rate at 7.85, seconded by Mr. Schmidt. Mr. Ellingsworth asked if Mr. Egan would include in the motion that the additional $130,000 not be allocated to any particular group, but rather kept in reserve? The City Manager stated that that particular issue should be discussed as part of Item 10.C., the budget resolution. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mayor Alperin - No; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - No. Said motion failed to pass with a 3 to 2 vote. Mr. Schmidt moved to adopt Resolution No. 64-97, setting the millage rate at 7.815, (an allocation of 6.965 for operating and 0.85 for debt service), seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mayor Alperin - No; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - No; Mr. Randolph - No. Said motion failed to pass with a 3 to 2 vote. Prior to roll call, Mr. Schmidt stated that with the operating millage at 6.965, an extra amount of approximately $39,500 would become available and he would like, when consider- ing Item 10.C., to allocate this additional amount to the Library which would give them approximately a $100,000 increase for FY 1998. The City Manager stated that a millage rate of 7.815 as proposed by Mr. Schmidt would be 3.492% above the rolled back rate. Mayor Alperin stated that he could not support a millage rate of 7.815 as he felt it was an attempt to appease the library. Theirs is a much larger problem which we need to deal with and work with them on. He felt that giving the Library more money would not help to resolve the problem, but it would change the millage rate and the image the City is trying to create. In response, Mr. Schmidt stated he was not attempting to appease anybody nor was he throwing money at anybody. He felt that the Library has been under-funded and while he did not agree with everything they want to do in their proposal, he would like to see an increase greater than what the City Manager had pro- posed. Since his initial review of the Library's proposal, the figure of $100,000 has seemed to him to be a reasonable number. Mr. Ellingsworth moved to adopt Resolution No. 64-97 with a millage rate of 7.80 (operating millage at 6.95 and debt service at 0.85), seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - No; Mr. Egan - No; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 3 to 2 vote. -23- 9-09-97 The City Manager announced that the City Commission has adopted a tentative millage which is 3.34% above the rolled back rate. 10.B. RESOLUTION NO. 65-97: A resolution tentatively levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 1998. The City Manager presented Resolution No. 65-97: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DIS- TRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPRO- PRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 65-97 is on file in the City Clerk's office.) Mr. Ellingsworth moved to adopt Resolution No. 65-97, 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. 10.C. RESOLUTION NO. 66-97: A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 1997 through September 30, 1998. The City Manager presented Resolution No. 66-97: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTA- TIVE APPROPRIATIONS OF SI/MS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1997, TO THE 30TH DAY OF SEPTEMBER, 1998; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLU- TIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (The official copy of Resolution No. 66-97 is on file in the City Clerk's office.) Mr. Randolph moved to adopt Resolution No. 66-97, with the tentative appropriations as set forth in the amended Exhibit "A" distributed by the City Manager and based upon a millage rate -24- 9-09-97 of 7.80, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - No; Mr. Egan - Yes. Said motion passed with a 4 to 1 vote. Prior to roll call, Mayor Alperin clarified that should additional funds become available throughout the year from other sources which are not expended, he had asked the City Manager to consider the possibility of deferring any such funds to the Library. The City Manager added that if the City has another good year this coming year, then there may be some additional revenue at mid-year. The Library had some positions proposed to be added at mid-year, so the Commission could possibly an addi- tional appropriation to the Library at mid-year. 10.D. RESOLUTION NO. 67-97: A resolution establishing a budget for the Stormwater Utility System, establishing the rates for FY 1998 stormwater management assessments, and certifying and adopting the stormwater assessment roll. Prior to consideration of passage of this resolution, a public hearing has been sched- uled to be held at this time. The City Manager presented Resolution No. 67-97: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITED AREA, OTHER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING, ALL IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND RELEVANT STATUTORY AUTHORITY; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER MANAGEMENT ASSESSMENT ROLL. (The official copy of Resolution No. 67-97 is on file in the City Clerk's office.) A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. No one from the audience wished to address the Commission. The public hearing was closed. Mr. Schmidt moved to adopt Resolution No. 67-97, 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. -25- 9-09-97 10.E. ORDINANCE NO. 31-97 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending LDR Section 4.4.20 "Industrial {I) District", by deleting resource recovery facilities as an allowable use; amending Section 4.4.21 "Community Facilities (CF) District", by adding resource recovery facilities as an allowable use; and amending Section 4.3.3(Z) "Resource Recovery or Waste Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 31-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.20, "INDUSTRIAL (I) DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SUBSECTION 4.4.20(D), "CONDITIONAL USES AND STRUCTURES PERMITTED", BY DELETING RESOURCE RECOVERY FACILITIES AS AN ALLOWABLE USE; AMENDING SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTION 4.4.21(D), "CONDITIONAL USES AND STRUCTURES PERMITTED", BY ADDING RESOURCE RECOVERY FACILITIES AS AN ALLOWABLE USE; AMENDING SECTION 4.3.3, "SPECIAL RE- QUIREMENTS FOR SPECIFIC USES", SUBSECTION 4.3.3(Z), "RESOURCE RECOVERY OR WASTE MANAGE- MENT FACILITIES", TO PROVIDE THAT SUCH USES SHALL ONLY BE ALLOWED UPON LAND THAT IS ZONED COMMUNITY FACILITIES DISTRICT WITH AN UNDER- LYING FUTURE LAND USE MAP DESIGNATION OF COMMUNITY FACILITIES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 31-97 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. Diane Dominguez, Planning Director, stated that the conditional use application was denied in June, 1996, and in a subsequent meeting the Commission directed staff to again review the allowable uses in the MIC district. One of the main objec- tives of the review was to determine whether or not resource recovery should continue to be permitted; and if not, to deter- mine in which districts it would be appropriate. Also, whether or not, even with these changes, we can still have a resource recovery facility established on property which was already zoned CF (Community Facilities) and have a CF land use. Planning staff took a look at the existing properties which have CF zoning and CF land use classifications. Most of them are relatively small -26- 9-09-97 sites. The larger CF sites are primarily churches, schools and other types of facilities which are located close in proximity to residential areas. If an agency wanted to establish that type of facility, they would have a difficult time trying to meet compat- ibility requirements. Also, there are other requirements with respect to regional type facilities. There are some properties along Congress Avenue which are zoned CF, such as the Palm Tran facility and the County's facilities, etc. She noted that language in the Comprehensive Plan, with respect to Community Facilities land use designation, refers to a suffix. We could create a new suffix that in order to establish this type of facility, one would have to get a land use designa- tion of CF-SW (Solid Waste). A suffix could be added to the Comprehensive Plan amendments which will be adopted in December, 1997. The City Attorney suggested that if this ordinance is adopted, the Comprehensive Plan could be changed, and revisit an ordinance which will comply with the change in December, 1997. Mayor Alperin declared the public hearing open. Joe Kamarada, 764 Avocet Road, felt that adding a suffix such as "SW" for Solid Waste would provide more control. The public hearing was closed. Mr. Schmidt moved to adopt Ordinance No. 31-97 on Second and FINAL Reading, with direction to revisit the suffix issue after the Comprehensive Plan is changed, seconded by Mr. Egan. 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. 10.F. ORDINANCE NO. 33-97 (FIRST READING/FIRST PUBLIC HEAR- ING): An ordinance amending Section 4.4.19, "Mixed Industrial and Commercial (MIC) District", of the Land Development Regulations to clarify the intended goal of the district and to modify the allowable principal and conditional uses within the zoning district. If passed, a second public hearing will be scheduled for September 23, 1997. The City Attorney read the caption of the ordinance. The City Manager presented Ordinance No. 33-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMER- CIAL (MIC) DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SUBSECTION 4.4.19(A), "PURPOSE AND INTENT", TO CLARIFY THE INTENDED GOAL OF THE -27- 9-09-97 DISTRICT; AMENDING SUBSECTION 4.4.19(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", AND SUBSECTION 4.4.19(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO MODIFY THE ALLOWABLE USES WITHIN THE MIXED INDUSTRIAL AND COMMERCIAL DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 33-97 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. Diane Dominguez, Planning Director, stated that on August 19, 1997, the ordinance regarding the MIC district (Ordi- nance No. 30-97) was denied on first reading. The Commission directed certain modifications be made to the ordinance with respect to the location of certain uses, with outside storage being confined to less visible locations on non-arterials. She suggested that perhaps the ordinance should address distance from the front of the property if it is adjacent to arterials, in terms of how far back the business should be. Ms. Dominguez reviewed the changes as proposed for the MIC district. Certain uses are allowed as conditional uses anywhere throughout the MIC district. Other uses are also used as conditional uses in the MIC zoning district; however, any outside storage associated with such uses may not be located within 150 ft. of any property line adjacent to any arterial road. Mayor Alperin declared the public hearing open. Mary Ellen Dolan, representing Happy Holidays Seasonal Sales, was opposed to the proposed amendment to the LDRs. She stated that she was particularly interested in the amendment as the Happy Holidays' property is for sale and they have a poten- tial owner who will be relocating their auto repair business to this location. It was explained by the Planning Director that the ordinance, as proposed, will change auto repair, paint and body, from a permitted use to a conditional use. This means that one would have to go through a public hearing process for a condi- tional use approval. The public hearing was closed. Mr. Egan moved to approve Ordinance No. 33-97 on FIRST Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. -28- 9-09-97 Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 32-97 (FIRST READING AND TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 97-1): Consider approv- al of Ordinance No. 32-97 on first reading and authorize trans- mittal of Comprehensive Plan Amendment 97-1 to the State Depart- ment of Community Affairs (DCA) for review. Amendment 97-1 implements the changes recommended in the Evaluation and Apprais- al Report (EAR). If passed, second reading and a public hearing will be scheduled upon completion of DCA's review. The City Manager presented Ordinance No. 32-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 97-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 97-1" AND INCORPORATED HEREIN BY REFERENCE; PROVID- ING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 32-97 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. John Walker, Project Coordinator, stated that the Planning and Zoning Board reviewed the proposed elements of the Plan and they were also reviewed with the City Commission at a workshop on August 12, 1997. Mayor Alperin declared the public hearing open. There being no one who wished to address the Commission on this issue, the public hearing was closed. Mr. Ellingsworth complimented staff on their perfor- mance and preparation of the transmittal of Comprehensive Plan Amendment 97-1. Mr. Ellingsworth approve on FIRST Reading and authorize transmittal of proposed Comprehensive Plan Amendment 97-1 to the Florida Department of Community Affairs, as recommended by the Planning and Zoning Board, with direction regarding a suffix on Community Facilities (CF) land use, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt -29- 9-09-97 Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. 11.A. City Manager's response to prior public comments and inquiries. There were no comments or inquiries from the public which needed a response. 11.B. From the Public. There were no comments or inquiries from the public. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager. The City Manager stated that he had attended a confer- ence about sustainable communities on Friday, September 5, 1997. The first panel had several speakers who spoke about the impor- tance of neighborhood schools to sustainable communities and how damaging it was to have to bus children long distances to school. There was dialogue after the panel presentation and he asked the question of the panel of what they proposed to do at the state level to address this issue because the School District could care less about the sense of community or the neighborhood fabric. One School Board member immediately jumped up and said that he was out of touch with reality. The City Manager informed the School Board member that he has been dealing with this issue for seven years now and knows what he is talking about. Two other School Board members spoke to him later during a break and were very defensive, accusing him of being very negative and not helping to get anything done. There was one School Board member who asked to meet with him at another time and have some further discussion, so that may prove to be constructive in the long run. The City Manager wanted the City Commission to be aware of this, particularly since one of the School Board members called the Mayor and demanded an apology. He further stated that in think- ing about it, he felt he was wrong to say that they didn't care because that would be judging someone's motives and you don't really know people's motives. However, he has seen the results of the School Board's actions over many years. The City Manager informed the Commission that he will be leaving on Saturday, September 13th, to attend the City -30- 9-09-97 Managers Conference and will also be taking a couple of days vacation, so he will be away from the office next week. Lastly, the City Manager announced that an election was held today for white collar employees and, unfortunately, the Union won. The Union got the same number of votes as they did last time and it was a smaller turnout, so it looks like the people who were opposed to it didn't turn out to vote. The Manager stated that he will probably ask the City Commission for an executive session (closed door) to talk about bargaining strategy for this new union. 13.B. City Attorney. The City had no comments or inquiries. 13.C. City Commission. 13.C.1. Mr. Ellinqsworth asked if the City's lobbyist has been contacted to see if the bill to impose a tax on cruise ship tickets to provide perpetual funding for beach renourishment will be reintroduced in the next legislative session? In response, Mayor Alperin stated that he was in Tallahassee for the last hearing on the bill and it was pretty soundly defeated. The cruise ship industry has a very strong lobby and such a bill would be an extremely difficult one to get passed. However, other sources of funding are being pursued for beach renourishment. 13.C.2. Mr. Randolph stated that he has been receiving a great many calls and personal contacts in reference to the condition of some of the City's streets, many of which are slated to be resurfaced and/or repaired. He asked that everyone who is involved in this process please try to expedite it as much as possible. Mr. Randolph also commented that the resurfacing of the gymnasium floor at Pompey Park needs to be done as soon as possible. 13.C.3. Mr. Eqan stated that he has gotten some calls about some of the restaurants downtown which provide outdoor dining areas. Many of these restaurants do not open until early evening and during the day they are stacking their tables and chairs outside and it is getting to look pretty sloppy. He asked if there is an ordinance to cover this sort of thing {bringing the tables and chairs inside at closing) or perhaps Code Enforcement could take a look at the situation? 13.C.4. Mr. Schmidt stated that he had received a telephone call earlier today from a lady who sounded as if she might need some kind of welfare help. He passed the information on to the -31- 9-09-97 City Manager and asked that his office contact her to see what might be done or steer her to where she might get some help. 13.C.5. Mayor Alperin stated that he had received some mail from the Mayor of Miyazu, Delray's Sister City, but only about three of the approximate 20 to 30 pages are in English. The Mayor asked Mr. Schmidt for help in translating the rest of the correspondence. There being no further business, Mayor Alperin declared the meeting adjourned at 8:45 p.m. ATTEST: undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission of September 9, 1997, which minutes were formally approved and adopted by the NOTE TO RE~ER: 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· -32- 9-09-97