Loading...
03-19-96 MARCH 19, 1996 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, March 19, 1996. Roll call showed: Present - Commissioner Jay Alperin Commissioner Ellingsworth Commissioner David Randolph Mayor Thomas E. Lynch Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Matthew "Bump" Mitchell, Christ Missionary Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. The City Attorney stated that with respect to Item 8.N.5., Contract Award to Hay Management Consultants, paragraph 5 will be amended to read, "The terms and conditions of this agree- ment shall be subject to and construed pursuant to the laws of the State of Florida", not Georgia. With this amendment duly noted, the item can be approved on the consent agenda. Mr. Randolph requested that Item 8.B., Waiver to Reduce Pavement Width/Delra¥ Lakes, Consent Agenda, be moved to the Regular Agenda as Item 9.A.A. Mr. Ellingsworth moved to approve the Agenda as amend- ed, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 5. Approval of Minutes: Mayor Lynch noted a correction to the Minutes of the Regular Meeting of March 5, 1996. The motion for Item 4., Agenda Approval, was for approval of the agenda, as amended. The cor- rection was duly noted. Dr. Alperin moved to approve the Minutes of the Regular Meeting of March 5, 1996, as amended, and the Special Meeting of March 12, 1996, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes; Dr. Alperin Yes. Said motion passed with a 4 to 0 vote. 6. Proclamations: 6.A. OF NOTE: National Records & Information Manaqement Day - April 2, 1996 Mayor Lynch presented a proclamation recognizing April 2, 1996 as National Records and Information Management Day. 7. Presentations: 7.A. RESOLUTION NO. 23-96: Recognizing and commending Fred T. Sergio for his years of service to the City of Delray Beach, and naming the south baseball field at Miller Park, "The Fred T. Sergio Field". The City Manager presented Resolution No. 23-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING FRED T. SERGIO FOR NEARLY 30 YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 23-96 is on file in the offi- cial Resolution Book) Mayor Lynch read and presented the resolution to Mr. Sergio in recognition and appreciation of his many years of dedicated service to the city. Mr. Ellingsworth moved to approve Resolution No. 23-96, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. Mr. Sergio came forward to accept the resolution and to extend his thanks to the Commission. 7.B. RESOLUTION NO. 24-96: Recognizing and commending Mayor Thomas E. Lynch for his dedicated service to the City of Delray Beach. The City Manager presented Resolution No. 24-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING THOMAS E. LYNCH FOR HAVING SERVED WITH DISTINCTION AS MAYOR OF THE CITY -2- 03/19/96 OF DELRAY BEACH FROM MARCH OF 1990 THROUGH MARCH 28, 1996. (Copy of Resolution No. 24-96 is on file in the offi- cial Resolution Book) The City Attorney read the resolution in its entirety, recognizing and commending Mayor Thomas E. Lynch for his excel- lent record of dedicated and faithful public service. On behalf of the City Commission, Mayor-elect Alperin presented the resolution to Mayor Lynch and extended the sincere thanks and appreciation of the citizens of Delray Beach for a job well done. At this point, the members of the Commission present- ed Mayor Lynch with a plaque and a City logo watch. By unanimous motion of the City Commission, Resolution No. 24-96 was passed and adopted. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. CONTRACT EXTENSION WITH FLORIDA DEPARTMENT OF ENVIRON- MENTAL PROTECTION (DEP): Approve Amendment #3 to the City's contract with the Florida Department of Environmental Protection for funding related to the beach nourishment project. Amendment #3 extends the contract until September 1, 1999. 8.B. MOVED TO THE REGULAR AGENDA AS 9.A.A. 8.C. FINAL PLAT APPROVAL/DELRAY BEACH MEMORIAL GARDENS BLOCK 20: Approve the final plat for Delray Beach Memorial Gardens Block 20, consisting of 86 burial plots. 8.D. FINAL PLAT APPROVAL/KOKOMO KEY: Approve the final plat for Kokomo Key, a proposed 133 unit townhouse development located on the east side of North Federal Highway, immediately south of the Delray Swap Shop. 8.E. FINAL PAYMENT/DUGGAN BUILDERS, INC.: Approve final payment to Duggan Builders, Inc. for installation of new railing for the cart crossing bridge at the Municipal Golf Course, in the amount of $15,752 from 445-4714-572-46.90. 8.F. FINAL PAYMENT/AHRENS COMPANIES: Approve final payment in the amount of $2,163.30 to Ahrens Companies for work on the Municipal Golf Course Maintenance Area - Washdown Slabs project, with funding from 445-4761-572-62.10. 8.G. CONTRACT AMENDMENT #2/FLORIDA ENERGY EFFICIENT WATER PROJECT: Approve Amendment #2 to the contract with Tri-County Community Council, Inc. in conjunction with the Florida Energy -3- 03/19/96 Efficient Water Project (FEEWP) to reduce the scope of services approved via Amendment #1 and commensurate reduction of project costs. 8.H. RESOLUTION NO. 25-96: Adopt a resolution in support of House Bill 107 entitled "Lottery Accountability Act of 1996" ' The City Manager presented Resolution No. 25-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, IN SUPPORT OF HOUSE BILL 107 ENTITLED "LOTTERY ACCOUNTABIL- ITY ACT OF 1996"; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 25-96 is on file in the offi- cial Resolution Book) 8.I. RESOLUTION NO. 26-96: Adopt a resolution assessing costs for abatement action required to remove five (5) abandoned vehicles from properties throughout the City. The City Manager presented Resolution No. 26-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 26-96 is on file in the offi- cial Resolution Book) 8.J. RESOLUTION NO. 27-96: Adopt a resolution assessing costs for abatement action required to remove nuisances on 21 properties throughout the City. The City Manager presented Resolution No. 27-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCAT- -4- 03/19/96 ED WITHIN THE CITY OF DELRAY BEACH AND PRO- VIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATE- MENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (Copy of Resolution No. 27-96 is on file in the offi- cial Resolution Book) 8.K. MODIFICATIONS TO AGREEMENT FOR ARCHITECTURAL SERVICES: Approve the use of the City's standardized Agreement for Archi- tectural Services, as modified. 8.L. INTERLOCAL AGREEMENT WIT~ T~E COMMUNITY REDEVELOPMENT AGENCY/ BLOCK 76 FU1FDING: Approve the Interlocal Agreement between the City and the CRA regarding the funding of Phase II of the construction of the parking lot in Block 76. 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 March 4 through March 15, 1996. 8.N. AWARD OF BIDS AND CONTRACTS: Bid award to Marandola Construction, Inc. for the East Road utility and roadway improvements, in the amount of $93,375 from 442-5178-536-61.44, 448-5411-538-62.36, and 334-3162-541-63.10. 2. Contract renewal with Jones Chemicals Company for the purchase of liquid chlorine, calcium and sodium hypochlorite via the City of Boca Raton Co-op bid, in the estimated annual cost of $111,345 from 441-5122-536-52.21. 3. Grant awards through the SHIP and HOME programs for the rehabilitation of two single family hous- ing units, to be awarded as follows: $18,522 to Alpha Ultra, Inc. for a project at 826 S.W. 4th Avenue and $17,388 to Henry Haywood for 905 S.W. llth Avenue, with funding from SHIP Account No. 118-1924-554-49.19 and HOME Account No. 118-1923-554-49.19. 4. Bid award to National Ambulance Builders, Inc. for the purchase of one Advance Life Support Vehicle -5- 03/19/96 in the amount of $94,805.50 with funding from 501-3312-591-64.20. 5.. Contract award to Hay Management Consultants for a classification and compensation study for all positions within the City's classification system, in the amount of $16,770 and support services and travel expenses estimated at $2,683; with funding from 001-6111-519-99.03 Mr. Ellingsworth moved to approve the consent agenda, with the amendment to Item 8.N.5. as previously noted by the City Attorney, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A.A. WAIVER TO REDUCE PAVEMENT WIDTH/DELRAY LAKES: Approve a waiver to LDR Section 6.1.2(B) (3) to reduce the pavement width from 24 feet to 22 feet for residential streets to be located within the proposed Delray Lakes subdivision (former Isles of Delray site on the north side of Lake Ida Road, east of 1-95), based upon positive findings, and subject to the recommended condition. Mr. Randolph stated that he moved this item to the regular agenda to express his concern about the potential diffi- culty of enforcing the "no parking" provision contained in the recommendation for approval. He does not object to the waiver to reduce the pavement width, but feels the individual homeowners may have problems with enforcing "no parking" within the swale areas. Diane Dominguez, Planning Director, noted that the condition of approval is that the applicant must provide homeown- er association documents which contain a provision that the homeowners association will be responsible for enforcement. This will be a private road system so enforcement will have to be by the homeowners association. Dr. Alperin commented that the City would have no liability since these will be private streets. Mr. Randolph moved to approve the waiver to LDR Section 6.1.2(B) (3) to reduce the pavement width for the internal streets within Delray Lakes subdivision from 24 feet to 22 feet based upon positive findings with respect to LDR Section 6.1.2(C), conditioned upon the applicant providing homeowner association documents containing a provision that the homeowners association will enforce "no parking" within the swale areas; seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. -6- 03/19/96 9.A. RESOLUTION NO. 22-96/CONTRACT FOR SALE AND PURCHASE OF PATEL PROPERTY: Consider a resolution authorizing the City to purchase certain property located at 2228 Seacrest Boulevard, and accepting the Agreement for Purchase and Sale of same. The City Manager presented Resolution No. 22-96: 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, LOCATED AT 2228 SEACREST BOULEVARD AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCOR- PORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 22-96 is on file in the offi- cial Resolution Book) The City Attorney stated that the purchase price has been negotiated to $65,000.00. Ail other essential terms in the Patel property contract have not changed. Dr. Alperin moved to approve Resolution No. 22-96, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 9.B. N.E. 1ST COURT SEAWALL REHABILITATION: Consider fund- ing alternatives for the N.E. 1st Court seawall rehabilitation project. Mayor Lynch entered into the record the summary of letters received from homeowners on N.E. 1st Court. The City Attorney reviewed the three options set forth in the City Manager's memorandum, as follows: (1) get F.I.N.D. approval to add the seawall back into the project, and install the sign and bench as originally planned; (2) the City could pay the entire cost of the N.E. 1st Court seawall ($16,800) and leave the end of the street as it is; or (3) the City could ask the residents on the street to pay the $8,400 the City would have received from F.I.N.D., possibly through a special assessment process. At this point, Mayor Lynch asked Mr. Derek Hanley to clarify the position of the N.E. 1st Court homeowners. Mr. Hanley, 828 N.E. 1st Court, reported that the homeowners are opposed to having a public park at the end of the street, and would like the City to fully fund the project and leave the area as unimproved open space. However, he feels that a majority of 7 03/19/96 the homeowners would be willing to pursue the possibility of forming a homeowners association to which the City would abandon the right-of-way in question so that it would be under the con- trol of the homeowners on N.E. 1st Court. Discussion by the Commission followed, with the consen- sus being that the City will not fund the $8,400 (50% share of the cost that would have come from F.I.N.D.). If the homeowners do not want the City to use the money from F.I.N.D., which would mean the installation of a public bench, then their alternative is to become participants in funding the $8,400, which perhaps could be done as an assessment project. Mr. Ellingsworth moved to remand the matter to staff for further discussion with the N.E. 1st Court homeowners con- cerning the option for their participation in funding 50% of the cost of the project, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.C. SPECIAL EVENT APPROVAL/2ND ANNUAL S.O.S. "TASTE OF THE GROVE": Consider a request from Pineapple Grove Main Street, Inc. for special event approval in support of the 2nd Annual S.O.S. "Taste of the Grove" to be held on April 21, 1996, from 4:00 p.m. until 10:00 p.m. Assistant City Manager Barcinski stated the request is for formal endorsement of the event, approval of a temporary use permit per LDR Section 2.4.6(H) for use of city streets, to provide staff support for the event, and to waive stage rental fees and any charges that may be incurred for regular staff hours. Overtime costs are estimated at $900.00 and will be paid for by the event sponsors. Mr. Ellingsworth moved to approve the special event request in support of the 2nd Annual S.O.S. "Taste of the Grove" as recommended by staff, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. A1perin Yes; Mr. Ellingsworth Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.D. REQUEST FROM C.J.'S SPORTS BAR AND GRILL: Consider a request from C.J.'s Sports Bar and Grill, 5020 West Atlantic Avenue, to extend the 2:00 a.m. liquor license closing require- ment until 5:00 a.m. Mr. Rick Carter, owner of C.J.'s Sports Bar and Grill, explained that he would like the ability to remain open past 2:00 a.m. on Friday and Saturday nights, on special holidays and/or other special occasions. Other establishments in the general neighborhood are permitted to stay open until 5:00 a.m. and this has created something of an unfair advantage for these competi- tors. -8- 03/19/96 For the record, Mayor Lynch noted that the establish- ments which are open until 5:00 a.m. are not located within the municipal limits of Delray Beach, but are in unincorporated Palm Beach County. Discussion by the Commission followed, with concern being expressed that if an exception were to be approved for C.J.'s Sports Bar and Grill, it would set a precedent that would make it very difficult for the Commission to refuse similar requests from other establishments. However, the Commission indicated that it would be willing to consider requests for waiving the 2:00 a.m. closing requirement for certain special events or occasions. The City Attorney advised that any such waiver would have to be advertised prior to consideration by the Commission and that Mr. Carter would need to insure that such requests are received by staff in sufficient time to meet the requirements. The City Manager recommended a lead time of four (4) weeks. Mr. Ellingsworth moved to deny the request from C.J.'s Sports Bar and Grill, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion to deny passed with a 4 to 0 vote. 9.E. OFFER TO SATISFY LIENS/123 N.W. 10TH AVENUE: Consider an offer of $500.00 to satisfy nuisance abatement liens which exist against property addressed as 123 N.W. 10th Avenue (Lot 4, Block A, West Side Heights). Dr. Alperin stated he feels there is no good reason demonstrated as the basis for this request, and moved to deny the offer to satisfy liens which exist against property addressed as 123 N.W. 10th Avenue, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion to deny passed with a 4 to 0 vote. 9.F. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/DELRAY OAKS: Consider approval of an interlocal agreement with Palm Beach County for the acquisition of the Delray Oaks ecosite and its management as a natural area, required as part of the grant funding process of the Florida Communities Trust (FCT) . John Walker, Project Coordinator, explained that under normal circumstances the County and the City would finish devel- oping the management agreement and present it in combination with the interlocal agreement. In this instance, Florida Communities Trust (FCT) has asked that the interlocal agreement be expedited somewhat so that they (FCT) can go ahead and send the money to the County. Apparently, FCT is under some pressure to expend some monies from the Preservation 2000 fund. -9- 03/19/96 Discussion followed as to the respective responsibili- ties of the City and the County insofar as the overall management of the site is concerned. Joe Weldon, Director of Parks and Recreation and a member of the Natural Areas Advisory Committee, reported that the advisory committee is the group that makes up the management plans for all of the areas that were purchased through the bond issue. While the management plan for the Delray Oaks site has not as yet been done, Mr. Weldon stated that most of the plans are very similar with respect to the municipal responsibilities, including security, some light mowing, trash pick-up, and opening and closing the facility. In response to question from Mr. Ellingsworth, the City Attorney stated that the County is aware of and accepts the modi- fications shown to paragraph 26 (Article IV - Responsibilities of the City) in the interlocal agreement. Mr. Ellingsworth moved to approve the Interlocal Agree- ment with Palm Beach County for the Delray Oaks site, subject to an appropriate management agreement, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph Yes. Said motion passed with a 4 to 0 vote. 9.G. AFTER SCHOOL PROGRA~ FEE STRUCTURE: Consider approval of a proposed fee structure for the After School Program. Mayor Lynch noted that two options have been presented. The first is a three-level fee structure, using the family size and income guidelines of the School District's free and reduced lunch program; the second is a flat rate fee for all participants of $15.00 per month. After discussion, Dr. Alperin moved to approve a flat fee of $15.00 per month for all participants (Option II), second- ed by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch Yes. Said motion passed with a 4 to 0 vote. 9.H. DEMA1FD FOR JUDGMENT/CIIARLIE BROWN, JR. V. CITY OF DELRAY BEACH: Consider a demand for judgment in the referenced matter. Dr. Alperin moved rejection of the Demand for Judgment as recommended by the City Attorney, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.I. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Ap- point a member to the Historic Preservation Board to fill an unexpired term ending August 31, 1996. Appointment by Mayor Lynch. -10- 03/19/96 Mayor Lynch stated that he wished to appoint Susan Hurlburt to the Historic Preservation Board to fill an unexpired term ending August 31, 1996, and asked for a motion on his be- half. Mr. Ellingsworth so moved, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 9.J. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMIT- TEE (RESOLUTION NO. 28-96): Appoint three members to the Afford- able Housing Advisory Committee and adopt Resolution No. 28-96. Appointments by Mr. Randolph, Mayor Lynch, and Dr. Alperin. The City Manager presented Resolution No. 28-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPOINTING MEMBERS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE, PURSUANT TO STATE LAW; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 28-96 is on file in the offi- cial Resolution Book) Mr. Randolph moved to appoint Leslie Horenburger as a banking/mortgage industry representative to the Affordable Hous- ing Advisory Committee, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph Yes. Said motion passed with a 4 to 0 vote. Mayor Lynch stated that he wished to appoint Lloyd Hasher (real estate professional) to the Affordable Housing Advisory Committee. Dr. Alperin so moved, seconded by Mr. Ran- dolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. Dr. Alperin moved to appoint Barbara Brown (citizen- at-large) to the Affordable Housing Advisory Committee, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. Dr. Alperin moved for the adoption of Resolution No. 28-96, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth Yes. Said motion passed with a 4 to 0 vote. 9.K. APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMIS- SION: Appoint a member (representative of employees or employee organizations) to the Public Employees Relations Commission for a -11- 03/19/96 four year term ending March 13, 2000. Appointment by Dr. Alperin. Dr. Alperin moved to appoint Todd Jackson (representa- tive of employees or employee organizations) to the Public Em- ployees Relations Commission for a four year term ending March 13, 2000, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.L. APPOINTMENT OF CHAIRPERSON FOR PUBLIC EMPLOYEES RELA- TIONS COMMISSION: Designate a regular member of the Public Employees Relations Commission to serve in the capacity of Chair- person for the duration of their term. Dr. A1perin moved to designate Armand Mouw as Chairman of the Public Employees Relations Commission, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.M. APPOINTMENT OF CHAIRMAN AND VICE CHAIRMAN/COMMUNITY REDEVELOPMENT AGENCY: Designate a Chairman and Vice Chairman from among the Community Redevelopment Agency commissioners. Dr. Alperin moved to appoint John Weaver as Chairman of the Community Redevelopment Agency, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 3 to 1 vote. Dr. Alperin moved to appoint Leonard Mitchell as Vice Chairman of the Community Redevelopment Agency, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 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. 13-96: An ordinance amending LDR Section 6.3.3, "Movable Fixtures Within The Right-of-Way", to provide for regulations on the placement, appearance and maintenance of newsracks. 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. 13-96: -12- 03/19/96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE AND WORK IN THE PUBLIC RIGHT-OF-WAY", SECTION 6.3.3, "MOVABLE FIX- TURES WITHIN THE RIGHT-OF-WAY", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR REGULATIONS ON THE PLACEMENT, APPEARANCE, AND MAINTENANCE OF NEWSRACKS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 13-96 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was scheduled to be held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated it is her understanding that discussions are ongoing. Dr. Alperin moved to open the public hearing for Ordi- nance No. 13-96 and continue same to the date certain of May 7, 1996, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 10.B. SALE OF CITY-OW1FED PROPERTY: Consider approval of the Contract for Sale and Purchase between the City and the Community Redevelopment Agency for property located at 17 N.W. 5th Avenue (known as the Shatz property). The City Attorney stated that the Commission considered this transaction on January 23, 1996, and agreed conceptually to the contract with the caveat that if the property were to be sold by the CRA for commercial purposes at some future date, the City would share in the profits. Ms. Ruby stated that such a clause is not in the contract and she has not had a chance to discuss it with CRA counsel. The agreement, as currently written without the clause, has been approved by the CRA, so if it is amended it will need to go back to them. After discussion, it was the consensus of the Commis- sion to include in the contract a clause to the effect that the City would share equally in the profits if the CRA retains owner- ship of the property and at some point in the future sells it for commercial purposes. Dr. Alperin moved to approve the Contract for Sale and Purchase between the City and the CRA for the property at 17 NoW. 5th Avenue, subject to the amendment that the City would share -13- 03/19/96 equally in the profits, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor Lynch - Yes. Said motion passed with a 3 to 1 vote. ll. Comments and Inquiries on Non-Aqenda Items from the Public - Immediately followinq Public Hearinqs. 11.A. City Manager's response to prior public comments and inquiries. None. 11.B. From the Public. ll.B.1. Carolyn Zimmerman, 212 S.W. 2nd Avenue, expressed her feelings over the loss of Commissioner Barbara Smith, commenting on her admiration for Mrs. Smith and how much she will be missed. ll.B.2. Gerald DeFoe, President of Country Manors and PROD, extended sincere thanks to Mayor Thomas E. Lynch for the tremen- dous job he has done with the City of Delray Beach. 11.B.3. Alice Finst, 707 Place Tavant, expressed concern over the appearance of the east side of 1-95 within the industrial area north and south of S.W. 10th Street. She asked the City Manager to check the number of code violations with respect to screening, etc. She further stated some of the properties in this area are being used for exterior storage and something should be done to clean up the area. 11.B.4. Bob Cullen, 1877 South Ocean Boulevard, on behalf of the Delray Beach Historical Society, expressed thanks to Mayor Lynch and presented him with an Engineer's cap. 11.B.5. Helen Coopersmith, 1222 South Drive Way, commented on the loss of Commissioner Barbara Smith and how much she will be missed. 11.B.6. Willie Ports, Jr., 634 Angler Drive, expressed his condolences on the loss of Commissioner Barbara Smith. He fur- ther stated he is sad to see Mayor Lynch leave the City of Delray Beach. 11.B.7. Lillian Feldman, resident of Pines of Delray, extended a farewell to Mayor Lynch. 12. FIRST READINGS: 12.A. ORDINANCE NO. 15-96: An ordinance repealing Section 1 of Ordinance No. 107-82 which named Sun Bank as successor Trustee to the General Employees Pension Plan, and terminating the trust agreement which was originally between the City and First Nation- -14- 03/19/96 al Bank of Delray Beach and thereafter Sun Bank, as successor. If passed, public hearing April 2, 1996. The City Manager presented Ordinance No. 15-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING SECTION (1) OF ORDINANCE NO. 107-82; TERMI- NATING A TRUST AGREEMENT ENTERED INTO BETWEEN THE CITY OF DELRAY BEACH, FLORIDA, AS SETTLOR, AND FIRST NATIONAL BANK OF DELRAY BEACH, AS TRUSTEE, DATED NOVEMBER 13, 1964, AS SUBSEQUENTLY AMENDED; PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 15-96 is on file in the official Ordinance Book) Mr. Randolph moved to approve Ordinance No. 15-96 on FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph Yes; Mayor Lynch Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 12.B. ORDINANCE NO. 16-96: An ordinance amending Chapter 90, "Abandoned Property; Junkyards", of the City Code to clarify procedures for the removal of abandoned property from both public and private property, including notice, hearing, collection of costs, and authority to lien; and to provide conformance with Section 705.103, Florida Statutes. If passed, public hearing April 2, 1996. The City Manager presented Ordinance No. 16-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 90, "ABANDONED PROPERTY; JUNKYARDS," SECTION 90.01, "DEFINITIONS"; TO PROVIDE FOR DEFINITIONS FOR THE TERMS "ABANDONED MOTOR VEHICLE," AND "ABANDONED PROPERTY"; REPEALING SECTION 90.02, "ABANDONMENT OF PROPERTY OR WRECKED OR INOPERABLE MOTOR VEHICLES ON PUBLIC PROPERTY" IN ITS ENTIRETY, AND ENACT- ING A NEW SECTION 90.02, "STORING, PARKING, OR LEAVING ABANDONED PROPERTY ON PUBLIC PROPERTY"; TO PROVIDE PROCEDURES FOR THE REMOVAL OF ABANDONED PROPERTY FROM PUBLIC PROPERTY INCLUDING NOTICE, HEARING, COLLEC- TION OF COSTS, AND AUTHORITY TO LIEN; TO PROVIDE FOR CONFORMANCE WITH SECTION 705.103, FLORIDA STATUTES, REGARDING NOTICES TO OWN- ERS, COLLECTION OF COSTS, AND AUTHORITY TO LIEN; REPEALING SECTION 90.03, "STORING, PARKING, OR LEAVING WRECKED OR INOPERABLE -15- 03/19/96 MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEP- TIONS'' IN ITS ENTIRETY, AND ENACTING A NEW SECTION 90.03, "STORING, PARKING, OR LEAVING ABANDONED PROPERTY ON PRIVATE PROPERTY"; TO PROVIDE PROCEDURES FOR THE REMOVAL OF ABAN- DONED PROPERTY FROM PRIVATE PROPERTY INCLUD- ING NOTICE, HEARING, COLLECTION OF COSTS, AND AUTHORITY TO LIEN; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 16-96 is on file in the official Ordinance Book) Mr. Ellingsworth moved to approve Ordinance No. 16-96 on FIRST Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manaqer In response to Commissioner Randolph's prior inquiry regarding long range surveillance cameras, the City Manager stated the Police Department had used one of these cameras that was borrowed from the Drug Enforcement Administration. Current- ly, the cameras are not available. However, the Police Depart- ment will be requesting a similar camera in the upcoming budget. The cost is approximately $7,200 per unit. In response to Mayor Lynch's prior inquiry regarding the Pompey Park pool admission prices, the City Manager stated that the City conducted a survey of five other pools within the County and found the City's fees to be equal to or less than those charged at similar facilities. In addition, staff is developing a program called "Pompey bucks" which would provide an opportunity for children to work in order to earn credit toward pool admission. Mayor Lynch suggested the possibility of yearly passes which could be purchased by or for the children. 13.B. City Attorney The City Attorney stated she will miss Thomas E. Lynch as Mayor and expressed her condolences on the loss of Commission- er Barbara Smith. The City Attorney reported that the verdict was against the City with respect to the Federal Court trial. The City will be looking into appeals. -16- 03/19/96 Mayor Lynch stated it is important for everyone to realize that this court case is based on things which occurred many years ago. The present Police Department has made major strides and is not the issue. 13.C. City Commission 13.C.1. Mr. Ellingsworth Mr. Ellingsworth expressed his thanks to Mayor Lynch for the dedicated service he has provided to the City of Delray Beach. 13.C.2. Mr. Randolph Mr. Randolph thanked Mayor Lynch for a job well done and extended his personal condolences to the Smith family. 13.C.3. Dr. AlDerin Dr. Alperin also expressed his sentiments to the Smith. family. He further commented that Mayor Lynch will be missed tremendously. 13.C.4. Mayor Lynch Mayor Lynch commented that good news from the CRA is that S.I.R.S. publication company (Social Issues Resources Se- ries) has put an offer in to come to downtown Atlantic Avenue. If, for some reason, it turns out they do not locate downtown, they have said they will still come to Delray Beach at another location. Mayor Lynch reported that ABC Carpets has entered into a Letter of Intent to take over the Kraft building on South Congress Avenue. The Letter of Intent will be a formal lease within the next ten days. Negotiations are ongoing, and hopeful- ly the Commission will be supportive of this project when it is brought forward for consideration. In closing, Mayor Lynch thanked everyone for their support over the years and commented that he feels the real strength of the city lies with the staff. With respect to the future of the Commission whether by appointment or election, Mayor Lynch stated he feels it is very important to have people come into office with a proven track record of service to the city, and knowing their good points and bad points. Further, he thanked Lillian Feldman, Helen Coopersmith, Dick Eckerle and the many other concerned citizens who have taken the time and made the effort to keep an eye on their government. -17- 03/19/96 There being no further business, Mayor Lynch declared the meeting adjourned at 8:30 P.M. ~itY'~l~k r ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the min- utes of the meeting of said City Commission of March 19, 1996, which minutes were formally ~proved and adopted by the City Commission on ~p~ 2, /9~ · City Clem ~ 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. -18- 03/19/96