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07-09-96 JULY 9, 1996 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jay A1perin in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, July 9, 1996. 1. Roll call showed: Present - Commissioner Kevin Egan Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Karen Kiselewski Mayor Jay A1perin Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Ronald Siegenthaler, Seacrest Boulevard Presbyterian Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mayor Alperin noted two additions to Presentations, Item 7.A., Presentation by Brahm Dubin, and Item 7.B., Presenta- tion by State Representative Ron Klein. He also noted that language has been modified for Item 8.C., Acceptance of 'Cops More' Grant and Approval of Matchinq Funds; and, the addition of Item 9.M., Resolution No. 55-96/Roots Cultural Festival, by addendum to the Regular Agenda; and, additional information has been provided for Item 10.B., Consolidated Action Plan FY 1996-97 for Allocation of Community Development Block Grant Funds. Mr. Ellingsworth moved to approve the Agenda, as amend- ed, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Mr. Ellingsworth had a question with respect to Item 9.A., Page 7, of the Regular Agenda, regarding Phase I of the City Hall Envelope Project. He asked if the cost for the air cooling unit was included in the total of $1,206,306.00 under Option #17 The City Manager responded that the air conditioning unit was not included in the total. Mr. Randolph moved to approve the Minutes of the Regu- lar Meeting of June 18, 1996, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. 6., Proclamations: 6.A. Recoqnizlng and commending Jason and Joshua Adams for their heroic actions in saving their sister Erin from drowning. Mayor Alperin read and presented proclamations commend- ing Jason and Joshua Adams for their heroic actions in saving their sister Erin from drowning. Jason and Joshua Adams came forward to accept their proclamations. Mayor A1perin presented plaques on behalf of the American Legion to the following individuals: Palm Beach County Fire Chief Joaquin Hernandez, Firefighters Bill Gauthier, Todd Durgee and Steve Millio. John Gibson, representing the American Legion, was also present for the ceremony. 6.B. Recognizing and congratulating Ena G. McFee on the occasion of her 90th birthday - July 12, 1996. Mayor Alperin read and presented a proclamation recog- nizing and congratulating Ena G. McFee on the occasion of her 90th birthday, July 12, 1996. Ms. McFee came forward to accept the proclamation. 6.C. Delray Beach Sobriety Enforcement Day - July 13 and 14, 1996. Mayor Alperin read and presented a proclamation pro- claiming July 13, 1996 as Delray Beach Sobriety Enforcement Day. Major Rick Lincoln came forward to accept the proclamation. 7. Presentations: 7.A. Brahm Dubin will make a presentation on the proposal being presented for the United States Tennis Association Head- quarters. Mr. Dubin stated that he was present this evening to provide the Commission with an update regarding the proposal to entice the USTA/Florida Section to move its headquarters to Delray Beach. The USTA will be moving its offices from Pompano Beach sometime during 1998. As the lead coordinator, Dubin and Associates, in partnership with seven groups, is coordinating the proposal. A potential site being considered for the USTA head- quarters is the property on the double lot on N.W. 1st Avenue, across from City Hall. Mr. Dubin stated that he is currently contacting Old School Square to join in this partnership. He anticipated the possibility of having a Tennis Hall of Fame in 2 7/09/96 the Cornell Museum. Although competition is tough, Delray Beach will have a strong, aggressive bid. Other cities trying to lure the USTA to their cities are Coral Springs, Deerfield Beach, P.G.A. National in Palm Beach Gardens, and other cities through- out the State. Mr. Dubin requested a letter from the City sup- porting the proposal to accompany the bid. 7.B. Presentation by State Representative Ron Klein reqard- ing the 1997 Leqislative Session. State Representative Ron Klein stated that he is trav- eling to different municipalities in Palm Beach County to provide an update of the 1996 Legislative Session; and, is soliciting input from municipalities and counties throughout the State and for topics of interest for the 1997 Legislative Session. Repre- sentative Klein provided a brief summary of the last legislative session and highlighted issues of interest. He pointed out that the counties of Palm Beach, Broward and Dade have identified three specific items which are targeted for the fall legislative session: 1) the insurance issue and moratorium; 2) educational funding; and, 3) gang violence. There is a very strong movement to transfer some Federal programs to the State and local levels. These programs include social programs, food stamps, and various programs for children, etc. Input is needed from the citizens in order to determine the most effective means to get Federal monies down to the local level. Since each municipality has different needs they will need to make their needs known to their State Representatives. In conclusion, Representative Klein urged the City Commission, businesses and citizens to contact his staff with their suggestions and/or ideas for the fall legislative session. Mayor Alperin, on behalf of the Commission, expressed appreciation to Representative Klein for his presentation this evening and taking the time to visit Delray Beach. He emphasized that the issue of education is very critical in Palm Beach Coun- ty, particularly with respect to management, and it is important to keep control of how the monies are spent. Representative Klein noted that the full delegation consists of 16 members (6 Senators and 10 House Members). This delegation will be meeting with the Palm Beach County School Board on July 10, 1996. This meeting will address such issues as concurrency, construction of buildings and overall management. He pointed out that one of the bills which has been worked on during the past several years is the decentralization of the school system in the larger counties. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. NCIC/FCIC USER AGREEMENT WITH FLORIDA DEPARTMENT OF LAW ENFORCEMENT: Approve renewal of the user agreement with the Florida Department of Law Enforcement for use of the Florida and 3 7/09/96 National Crime Information Centers (FCIC/NCIC) which allows the City's Police Department to access state and national data banks. 8.B. AGREEMENT FOR CONSTRUCTION OF WATER MAIN/LEE'S CROSS- ING: Approve an agreement between the City and Lee's Crossing- Delray Beach Limited Partnership to allow the City to be named as the permit applicant for water main construction across the Lake Worth Drainage District L-33 Canal right-of-way. 8.C. ACCEPTANCE OF 'COPS MORE' GRANT AND APPROVAL OF MATCH- ING FUNDS: Accept a grant from the U.S. Department of Justice under the COPS MORE program in the amount of $87,225; and approve matching funds in the amount of $29,200 for 19 laptop computers and $6,805 for the City Watch system, from Prior Year Surplus (Account No. 001-000-301-10.00). 8.D. RATIFICATION OF CONSENSUS/ADDITIONAL FUNDING FOR 4TH OF JULY FIREWORKS: Ratify the Commission's majority consensus of June 18, 1996, to provide additional funding in the amount of $5,000.00 for the 4th of July fireworks, from City Manager's Contingency (Account 0001-6111-519-99.03). 8.E. BUDGET ADJUSTMENT FOR REPLACEMENT OFFICER: Approve a budget adjustment in the amount of $13,010 to cover the cost of an additional Community Policing Officer through the end of the fiscal year to replace the position assigned to the Full Service Center, from 001-2119-521-12.10 and 21.10, through budget trans- fer from 001-0000-301-10.00. 8.F. CHANGE ORDER ~2 (CONTRACT EXTENSION)/FLORIDA DESIGN CONTRACTORS, INC.: Approve Change Order 02 with Florida Design Contractors, Inc. for a 170 calendar day contract extension to allow for the purchase, delivery and installation of the pumps for the three new production wells at Morikami Park. 8.G. FINAL PAYMENT/HOLT CONTRACTORS, INC.: Approve final payment to Holt Contractors, Inc. for their work on the Police Department Crime Lab modification project, in the amount of $20,996 from 334-6111-519-62.18. 8.H. 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 June 17 through June 28, 1996. 8.I. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Atlantis Environmental Engineering, Inc. for repainting the Water Treatment Plant Pipe Galleries, in the amount of $35,004 from 441-5143-536-46.10. 2. Purchase award to Universal Cabling Systems, Inc., sole source bid, for the City Attorney's Office -4- 7/09/96 fiber optic cabling, in the amount of $18,000 from 334-6111-519-62.20. 3. Bid award in the amount of $93,003.05 to Community Asphalt Corporation for the 1996 Street Resurfac- ing Projects, with funding from 334-3162-541-63~10. 4. Bid award for replacement vehicles; a 1996 GMC P3500 Step Van from Kaiser/GMC for the Police Department in the amount of $40,069.25 from 501-3312-591-64.20; and a 1996 Dodge 1500/4x2 from Regency Dodge for the Golf Course in the amount of $15,032.00 from 445-4761-572-64.20. 5. Bid award via Broward County for lift gates and utility bodies from Elite Service Bodies & Equip- ment for prior approved vehicles, in the amount of $12,875 from 501-3312-591-64.20. Mr. Ellingsworth moved to approve the Consent Agenda, as amended, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. CONDITIONAL USE REOUEST FOR ESTABLISHMENT OF A PUBLIC PARKING LOT: Consider a request for conditional use approval to allow the construction of a public parking lot on property locat- ed north of Atlantic Avenue between N.W. 1st Avenue and Swinton Avenue, within the Old School Square Historic Arts District (OSSHAD). 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. The conditional use ap- proval is to expand the CRA's parking lot which is currently on N.W. 1st Avenue. This lot will provide 44 additional parking spaces and will also be accessible from Swinton Avenue. This lot will also provide additional parking for Old School Square, the Tennis Center, and other redevelopment of Block 60. The Planning and Zoning Board considered this item at its meeting of June 17, -5- 7/09/96 1996 and recommended approval subject to positive findings and conditions as outlined in the P&Z Staff Report. There being no one else who wished to give testimony on this item, the public hearing was closed. Mr. Egan moved to approve the Conditional Use Request for the CRA Parking Lot based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations and the policies of the Comprehensive Plan, and subject to conditions as outlined in the Planning and Zoning Staff Report, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.B. PALM ACTS CONTRACT REVISIONS: Report from the City Attorney. Brahm Dubin reported that he does not have a contract ready at the present time; however, last week a subsequent agree- ment had been forwarded to Palm Acts. He noted that he has a meeting scheduled with the City Attorney on July 18, 1996 to discuss the issue. Mr. Dubin stated that he would like to see Palm Acts finalize their connection with Charisma before proceed- ing with a new agreement. He pointed out that negotiations were taking longer than expected and he had been unrealistic to think that a contract could have been prepared earlier. In conclusion, Mr. Dubin felt positive that everything could be worked out and anticipated that a contract will be ready by the next Regular Meeting of July 23, 1996. 9.C. SPECIAL EVENT APPROVAL AND AGREEMENT FOR "HOOP IT UP": Consider a request for special event approval and the agreement with Hoop-It-Up Domestic L.P. and the Joint Venture for "Hoop It Up" to be held October 12-13, 1996. The City Attorney stated that the Joint Venture has requested a minor language change. This modification is on Page 4, Paragraph 11, of the agreement, and the change should read as follows: after the word "their" add the words "members and offi- cers" Mayor Alperin asked what the City's contribution was last year? Bob Barcinski, Assistant City Manager, stated that basically this year's services are the same as provided last year, with the exception of paying the referees' fees. Last year the City paid the referees and this year the fees will be paid by the Joint Venture. Last year's total cost for the City, includ- ing overtime, was $10,835.00 and it is anticipated that costs should be lower for this year's event. 6 7/09/96 Mayor Alperin asked what is the projection for the charitable pool? In response, Mr. Barcinski stated that $8,250.00 is projected this year. Mr. Ellingsworth moved to approve the agreement for the special event of "Hoop It Up" subject to staff's recommendations, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.D. SPECIAL EVENT APPROVAL/BACKROOM LABOR DAY FESTIVAL: Consider a request for special event approval to hold a Blues Festival on Sunday, September 1, 1996, from 3:00 p.m. until 11:00 p.m., including street closure, issuance of temporary use permit, and staff support subject to conditions. Bob Barcinski, Assistant City Manager, stated that the owners of the Back Room are requesting to hold the special event which includes a grant for a temporary use permit for the street closure from Atlantic Avenue, between Swinton and 1st Avenues, per the LDR's, and authorize staff to provide traffic control and security. Staff recommends approval subject to the following conditions: 1) approval for a waiver of the noise ordinance by obtaining from the Board of Adjustment; 2) a minimum of two Police officers be employed from one hour before the event until 1 hour after the event and be paid at time and one half rate; and, 3) all overtime costs and a rental fee for use of barricades be paid for by the Back Room (estimated total cost for overtime and barricade rental is approximately $1,100). Mr. Egan moved to approve the special event for the Back Room Labor Day Festival subject to conditions as recommended by staff, seconded by Ms. Kiselewski. Upon roll call the Commis- sion voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.E. REQUEST FOR CONTRIBUTION/SOUTH FLORIDA DYNAMICS, INC.: Consider a request from South Florida Dynamics for a contribution to support their participation in American Youth on Parade, an international level competition to be held during the week of July 21, 1996, at the University of Notre Dame in South Bend, Indiana. The City Manager stated that the baton twirling program is sponsored by the Parks and Recreation Department. The City has offered assistance in the past, the most recent contribution was in 1994. 7 7/09/96 Mr. Ellingsworth asked if the majority of students were from Delray Beach and do the students pay an entry fee to partic- ipate in the competition? In response, the City Manager stated that the group is based in the City and the students are primarily from Delray Beach. He stated that he was not aware of any fees. Mr. Egan moved to approve the request for contribution to South Florida Dynamics, Inc., in the amount of $1,000.00, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. 9.F. CORPORATE NAME CHANGE FROM ABC CARPET COMPANY OF FLORI- DA, INC. TO ABC OUTLET, INC.: Consider authorizing the City Attorney's office to correct the name on the Economic Incentive Grant Agreement to reflect the current corporate name. The City Attorney stated that the reason for the re- quest is to authorize correction of the name on the agreement to reflect the current corporate name as reinstated with the Secre- tary of State. Since the contract is still binding, the author- ization is an administrative act. Mr. Egan moved to authorize the name change from ABC Carpet Company of Florida, Inc. to ABC Outlet, Inc., seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. At this point, Mayor Alperin called a 5 minute recess. 9.G. BID AWARD/REPLACEMENT VEHICLES: Consider rescinding a purchase order in the amount of $25,527 to Champion Chevrolet and approve a bid award to Maroone Chevrolet for a 1996 Chev/C3500 Crew Cab 4 x 2 for the Parks Department, in the amount of $22,413 from 501-3312-591-64.20. Bob Barcinski, Assistant City Manager, explained that the Commission rescinded a bid award made in October, 1995 to Champion Chevrolet, Inc. for $25,527.00 for a one ton pickup truck for the Parks Department. The action requested this eve- ning is consideration of an award under State bid to Maroone Chevrolet for a reduced price of $22,413.00 for the same pickup. Mr. Barcinski pointed out that the original vendor stated that he had a vehicle which the City could order and it would be delivered. He noted that he was only made aware two weeks ago that the vehicle was never delivered to the City. 8 7/09/96 Mr. Randolph moved to rescind Purchase Order #534866 in the amount of $25,527.00 and approve a bid aware to Maroone Chevrolet for a 1996 Chev/C3500 Crew Cab 4X2 for the Parks De- partment in the amount of $22,413.00, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 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. RESOLUTION NO. 54-96 (EVALUATION AND APPRAISAL REPORT): Conduct a public hearing and consider adoption of the 1996 Evalu- ation and Appraisal Report of the Comprehensive Plan. 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 Resolution No. 54-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE 1996 EVALUATION AND APPRAISAL REPORT OF THE COMPREHENSIVE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 54-96 is on file in the offi- cial Resolution Book) The City Attorney read the caption of the Resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. John Walker, Project Coordinator, pointed out that input was received from various City departments, as well as citizen task teams. This resulted in a sufficient amount of time and effort on everyone's part. He pointed out that one particular issue of the EAR has generated quite a bit of interest. This pertains to permitting hotel and motel uses in the RM (Medium Density Residential) district. Mr. Walker noted that Planning staff had met with Kathy and Lyn Stokes who had suggestions regarding the perimeters of the future study. It is the intent of staff to work in con- junction with the beach property owners on the wording of the amendment and the scope of the study~ Relative to the amendment, the Evaluation and Appraisal Report does not change the Compre- hensive Plan. There is a regular plan amendment process where all the suggestions made for this report will be brought before 9 7/09/96 the Planning and Zoning Board and the City Commission with spe- cific wording as plan amendments. At this point, Mr. Walker distributed a copy of several technical changes to the Commission members and highlighted these changes for clarification. Mayor Alperin declared the public hearing opened. Joan B&c¢&rri, representing the Beach Property Owners Association, stated that the residents in the beach area are 100% opposed to any changes to the RM districts. She pointed out that the assembly for VISIONS 2000 had identified a need to revitalize as well as build small motels and hotels east of 1-95 (including the beach area east of the Intracoastal Waterway). The BPOA feels such a change in nonconforming uses would have a tremendous impact on the quality of life in the beach area. Further, the BPOA is opposed to any changes which would alter or increase the commercial use of properties within the RM districts. Leslie Campbell, resident of White Drive and former member of one of the Comprehensive Plan Task Teams, was opposed to any major change in the beach area. Kathy Stokes, 1220 Southways, stated that she had served on the Open Space and Recreation Task Team and that the Task Team agreed to a proposed Comprehensive Plan amendment to be included in the EAR. This amendment was to look into private recreational facilities. Ms. Stokes read into the record her letter dated June 6, 1996 opposing redevelopment in the beach area. ~eorqe Reynolds, 927 Seagate Drive, considered the entire City as being special, not just the beach area. He was opposed to any redevelopment study or large commercial develop- ment in the beach area as he felt it would destroy the quality of life and would detrimentally affect the town's character. He pointed out that it would only be a waste of time to conduct a redevelopment study as it would be counterproductive to the City as a whole. Lyn Stokes, 1220 Southways, pointed out that the best way to address the issue is to try to solve the problem of condi- tional uses. He urged the City not to proceed with the process as there were a number of issues which still need to be ad- dressed, if it is to be considered a true study and not just an endorsement of a predetermined policy. The public hearing was closed. Mayor Alperin expressed concern regarding the issue of conditional uses as it seems what has happened in the past is not what is being executed in the present. There have been challeng- es in the past which have come back to haunt us. The idea behind -10- 7/09/96 conditional uses was an opportunity to allow certain uses but to have more control. It now seems that developers feel they are entitled to certain uses. Mayor Alperin was reluctant to see any expansion of nonconforming uses in the RM districts. Mr. Randolph concurred with Mayor Alperin's viewpoints on the issue. He felt that the Commission will have to be watch- ful of conditional use requests in the future. Ms. Kiselewski felt that the beach area should remain residential and that there should be some control regarding nonconforming uses. She pointed out that the beach residents do not have any objection to the current intensity of uses; however, they do not want to see any changes. The City Manager also expressed his concern of expand- ing conditional uses and was reluctant to see any expansions in the RM districts. Mr. Randolph moved to approve Resolution No. 54-96 adopting the Evaluation and Appraisal Report of the Comprehensive Plan, seconded by Mr. Ellingsworth. Upon roll call the Commis- sion voted as follows: Mayor Alperin Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 10.B. CONSOLIDATED ACTION PLAN FY 1996-97 FOR ALLOCATION OF COMPliCITY DEVELOPMENT BLOCK GRANT FUNDS: Conduct a public hear- ing and consider approval of the Consolidated Action Plan for Fiscal Year 1996/97 in compliance with Federal guidelines govern- ing the use of Community Development Block Grant (CDBG) funds. 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. Lula Butler, Director of Community Improvement, stated that this item is before the Commission in compliance with Feder- al regulations. The annual allocation and the consolidated plan was advertised pursuant to regulations. A needs assessment meeting was held during the month of May at Pompey Park so that the citizens could review the issue. She noted that the Consoli- dated Action Plan for FY 1996/97 had also been reviewed by the Affordable Housing Commission. The public hearing was closed. Mr. Randolph moved approval of the Consolidated Action Plan for Fiscal Year 1996/97 in compliance with Federal guide- lines governing the use of Community Development Block Grant (CDBG) funds at Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. -11- 7/09/96 10.C. LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM/PROPOSED USE OF FUNDS: Conduct a public hearing on the proposed use of funds anticipated from the Local Law Enforcement Block Grant Program, and authorize staff to submit the application. Prior to consid- eration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. David JunHhans, Administrative Officer for the Police Department, stated that the grant is in compliance with Federal regulations and is sponsored by the Council of Mayors, through the Justice System program. He explained that grant monies will be distributed to six different areas, especially toward the purchase of new computers. The Police Department has an ongoing program to purchase 35 laptop computers per year for the next five years. The Police Department would like to speed this process up by purchasing laptops with this money. This will allow 8 police vehicles the ability to communicate with the AS/400 which will allow officers to have immediate access to information. These purchases will amount to $187,400.00, which includes $400.00 which will go toward the needs of the Community Observer Program (i.e. cellular phones). Mr. Junghans noted that the block grant from the Federal government totals $170,520.00 with a 10% matching requirement by the City. Major Rick Lincoln, Police Department, stated that the new hook ups will provide the ability to communicate with the FCIC which is the the Federal Crime Information Center, and with NCIC, which is the National Crime Information Center. These are data bases which will allow officers in the field to have immediate access to criminal histories, vehicle registrations and other pertinent information. The ability to communicate via AS/400 will allow officers immediate access to information in City Hall. For clarification, Major Lincoln explained the reference to PALMS is the Palm Beach County information system from the Sheriff's Department. Bernie Burkoff, resident of Rainberry Lakes, commented that Arthur Jackel, now deceased, a former City Commissioner and former Chairman of the United Property Owners of Delray, would have been happy to have seen this block grant approved as he had fought for many years to purchase laptop computers for the Police vehicles. There being no one else to speak, the public hearing was closed. Mr. Ellingsworth moved to approve the proposed use of funds for the Local Law Enforcement Block Grant Program on Second and FINAL Reading and authorize staff to submit the application, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mro Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. -12- 7/09/96 10.D. ORDINANCE NO. 21-96: An ordinance adopting the 1994 Standard Building Code and amending Chapter 7, "Building Regula- tions'', of the Land Development Regulations to conform with its provisions. 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. 21-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE 1994 STANDARD BUILDING CODE AND AMENDING CHAPTER SEVEN, "BUILDING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, TO CONFORM WITH THE PROVISIONS OF THE 1994 STANDARD BUILDING CODE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 21-96 is on file in the official Ordinance Book) The City Attorney read the caption of the Resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mayor Alperin requested clarification with respect to to having the power to have lots cleared that have been given building permits. He asked if a permit which had been issued but had not progressed beyond the 25% rule for completion would still apply? Also, would the storage of building materials be allowed on a site? Jerry Sanzone, Chief Building Official, responded that there is a 180 day provision in the code after which time the permit would terminate. With respect to the storing of building supplies, once a permit has expired, the City as the right to clear the property, and if applicable, place a lien. At this point, discussion ensued regarding the issue of the first building inspection and the time frame for completion. Ms. Kiselewski moved to approve Ordinance No. 21-96 on Second and FINAL Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. ll. Comments and Inquiries on Non-Aqenda Items from the Public - Immediately following Public Hearings. -13- 7/09/96 11.A. City Manager's response to prior public comments and inquiries. The City Manager responded to Mr. Potts' previous complaint that he was unable to contact Palm Acts regarding his efforts to set up a concert during the month of October at the tennis stadium. The City Manager stated that he had conveyed the complaint to Paul Felsberg who then contacted Drew Evert and the attorney for Palm Acts. On July 8, 1996, Mr. Felsberg and Mr. Potts discussed the situation after which Mr. Felsberg offered to contact Palm Acts. ll.B. From the Public. 11.B.1. Alice Finst, 707 Place Tavant, complained of commercial enterprise at the public beach. She pointed out that telephones have been installed on the east side of the sidewalk. On top of each of these phones there is a 12" pole which has a sign which states that long distance calls can be made for $1.00. After contacting Occupational License, she was informed no permit had been issued. Mrs. Finst also complained about the condition of the landscaping at Bright Park. She emphasized there are weeds in the flower beds and trash is tossed about the park. 11.B.2. Marylou Jamison, 515 North Swinton Avenue, expressed concern about the possibility of Worthing Park being included as part of the CRA's involvement with the sale of the Executive Mall building. She did not think the park should be included as part of any enticement to bring business into the downtown area. Ms. Jamison expressed concern regarding the size of buildings being constructed on the beach. She informed the Commission that the Town of Ocean Ridge had prepared a study of its beach front homes. Ms. Jamison suggested the City consider undertaking a similar study to limit the size of homes that can be built on the beach in relationship to neighboring homes. 11.B.3. Alex Speer, President of the North Palm Trail Homeown- ers Association, stated that the 17 acre undeveloped land at the southeast corner of the North Federal Highway Redevelopment Area, referred to as the Yake Property, adjoins her neighborhood. This parcel has caused a great deal of contention between the CRA and the residents of the surrounding communities in this area. Ms. Speer voiced her objection to any high density use in the North Federal Highway corridor as a tool to be used by developers to help clean up this area. She expressed concern over the possi- bility of declining property values of the residential homes in the area; and she objected to her community being referred to as a "blighted area" 11.B.4. Ms. Elminer Harris, 513 Dolphin Drive, complained of the high amount of her monthly water bill. She noted that she -14- 7/09/96 had addressed the Commission at the October 10, 1995 meeting with a similar complaint. Ms. Harris stated that she has been in constant contact with the City regarding her water usage, that she is still not satisfied, and requested that an adjustment be made. ll.B.5. Ms. Jean Beer, resident of Tropic Isles, expressed concern of the new high density land use which has recently been submitted to the State. She pointed out that a long time ago the citizens of the City spent a lot of time and effort to stop high rise development and to limit apartment buildings to four story. The CRA had allocated a long area of the North and South Federal Highways, between north and south 4th Streets, with a designation of 30 d/u/a in order to encourage residents to shop downtown; however, the CRA has not developed any such properties. Also, the issue of high density development addressed in the CRA's Redevelopment Plan was supposed to deal with commercial, not residential properties. She objected to vacant land (valued at over $3 million) being referred as "blighted and stagnant" by the CRA. Ms. Beer emphasized the City is near buildout and that the nature and quality of redevelopment will be a significant factor in the final character of this City. She felt the real issue is not about high density development but that of trying to get high tax increment money for the CRA. 12. FIRST READINGS: 12.A. ORDINANCE NO. 25-96: An ordinance amending the Marina Delray SAD (Special Activities District) by modifying the sched- ule for completion of improvements. The subject property is located at the southeast corner of George Bush Boulevard and Palm Trail. If passed, public hearing July 23, 1996. The City Manager presented Ordinance No. 25-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 31-95 BY REPEALING SECTION 4, IN ITS ENTIRETY AND ENACTING A NEW SECTION 4. TO MODIFY THE SCHEDULE FOR COMPLETION OF THE IMPROVEMENTS ASSOCIATED WITH THE REESTABLISH- MENT OF THE MARINA DELRAY SAD (SPECIAL ACTIV- ITIES DISTRICT), LOCATED AT THE SOUTHEAST CORNER OF GEORGE BUSH BOULEVARD AND PALM TRAIL; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 25-96 is on file in the official Ordinance Book) The Planning and Zoning Board considered the request at a public hearing on June 17, 1996 and recommended approval of the amended improvement schedule° -i5- 7/o9/ 6 At this point, brief discussion ensued regarding SAD zoning. Mr. Egan moved to approve Ordinance No. 25-96 on FIRST Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - No; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - No. Said motion passed with a 3 to 2 vote (Mayor Alperin and Mr. Ellingsworth dissenting). 12.B. ORDINANCE NO. 26-96: An ordinance designating certain properties on South Ocean Boulevard (State Road A1A) as an His- toric District. If passed, public hearing July 23, 1996. The City Manager presented Ordinance No. 26-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING CERTAIN PROPERTIES LOCATED ON SOUTH OCEAN BOULEVARD (STATE ROAD A1A), AS MORE PARTICU- LARLY DESCRIBED HEREIN, AS AN HISTORIC DIS- TRICT; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN OVER- LAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 26-96 is on file in the official Ordinance Book) Although this was not a public hearing item, the fol- lowing individuals were allowed to address the Commission on this issue. Carolyn Patton, 1020 Tamarind Road, pointed out that as a preservationist she has worked hard to save historic landmarks in the City. She supported the historic designation as the 6 homes on South Ocean Boulevard because they more than meet the basic requirements for historic designation. They were all built within the same period and that is why these group of homes have the protective borders of this district around them. The fact that two homes are missing is tragic but they should still be designated as historic. Ms. Patton pointed out that homes which have been designated as historic only increase in value. JoAnn Pe&rt, 107 N.W. 9th Street, stated that the last meeting of the Historic Preservation Board was a very positive informational session. Also discussed was the fact that towns have the right to make decisions for the greater good of the entire community. That the history we save today is not neces- sarily for the people in this room, but for future generations. Ms. Peart noted that Old School Square was to have been torn down to be redeveloped as an office building, which had been an option -16- 7/09/96 at one time, and now is the center of historic redevelopment. Ms. Peart emphasized that the City should not lose its history to chance and speculation and urged the Commission to forward this proposal to public hearing. Henry Howle¥, 1141 South Ocean Boulevard, stated that he was opposed to the proposed historic designation. Ann Fulton, 1124 Vista Del Mar, stated that she recent- ly purchased property that is only a few blocks from the proposed historic district. Initially she was fearful of governmental intrusion on her property rights as an owner of property in a historic district; however, she now realizes there was really no reason to feel that way. Ms. Fulton noted that Delray Beach has always had a cohesive design structure that reflects simplicity and character of old Florida and urged the Commission to approve the historic designation. Clark French, 1011 North Swinton Avenue, felt that this area was not appropriate for a historic designation. He pointed out that as a local realtor and owner of a mortgage company, he has been involved in the financing and sale of some of these properties on the beach. He noted that history has shown that the value of the 6 homes on South Ocean Boulevard will remain constant and that their combined value is $31 million dollars. He felt that designating these homes as historic would further limit the market by placing additional regulations and building restrictions. Mr. French felt that forcing historic designation upon people who do not want it amounts to eminent domain without compensation. Suluki ID-Deen, 3437 Chatelaine Boulevard, expressed concerned of a recent newspaper publication which referenced deed restrictions of certain properties on the beach being limited to the Caucasian race. Edwin Reynolds, 819 South Ocean Boulevard, was opposed to the historic designation and commented that the term "Resort Colonial", which refers to an architectural style, is confusing. Price Patton, 1020 Tamarind Road, felt that this issue should go to public hearing. Terri Grath, 1027 Nassau Street, commented that her home was built in 1939 and has made many improvements and addi- tions. She pointed out that the Historic Preservation Board has been very accessible and cooperative. Further, that she has received several offers to purchase her home since improvements were made. Ms. Grath felt that a historic designation definitely increases the value of property. Scott Elk, attorney representing Thomas Melone, Trust- ee, the property owner of 601 South Ocean Boulevard, had envi- sioned a chateau style home when he first purchased this proper -17- 7/09/96 ty. He paid a great deal of money to further enhance and pursue his vision. Mr. Elk stated that his client is strongly opposed to the establishment of the proposed historic district. He noted that the Melone property is currently vacant and the regulations imposed upon a historic district would severely restrict and deprive his client of valuable property rights. At the present time the moratorium has prevented his client from pursuing his building permits while this proposal is going through the pro- cess. He was opposed to depriving private property owners of their economic and beneficial rights by virtue of their purchase and ownership of the property. This is a great deprivation of their private property rights. He suggested that the owners of homes within this area wish to pursue a historic designation should do so on their own. Rodney Romano, attorney representing Thomas Worrell, owner of properties at 501 and 511 South Ocean Boulevard, felt that the three full page ads which were recently published were outrageous and wanted to go on record that they were not respon- sible. His client is opposed to the historic designation for the following reasons: 100% of the property owners in this area are opposed and the Planning Department is opposed; one of the homes has been moved from the site and one home was demolished; and, the loss of the contributing buildings has seriously compromised the integrity and continuity of the district. Proceeding with this designation despite total lack of owner approval projects a negative regulatory image which will seriously hamper the Histor- ic Preservation Board's ability to gain support for other histor- ic districts. Frank McKinney, owner of property within the proposed district, stated for the record that he too had nothing to do with the full page advertisements and also found them inappropri- ate. He pointed out that this is not a developer versus preser- vationist issue. Mr. McKinney emphasized the rights of the private property owner and urged the Commission not to approve the proposed historic designation. Aleida Riley, 65 Palm Square, stated that since her area has become a historic district properties values has risen. She emphasized that the ocean front and the downtown areas are the showcases of the City. The downtown has been renovated at a cost to the taxpayers and the protection districts also. She did not feel the ocean front properties should be taken over by speculation. Mrs. Riley urged the Commission to approve the establishment of the historic designation of certain Ocean Boule- vard properties. Rachel Camber, attorney to Assist Preservationists, stated that the National Trust for Preservation and the Preserva- tion Society of Delray have requested her assistance in this ef- fort. She pointed out that the 6 properties on South Ocean Boulevard were being carefully watched by the National Trust for Preservation. She felt it was critical to designate these prop -18- 7/09/96 erties now, as what happened to 601 South Ocean Boulevard (demo- lition) will happen to all of them. The issue is whether or not these homes have significant character value as part of the historic aesthetic or architectural heritage. This is answered by an astounding positive agreement by experts in this field. These criteria and the designation report should be the sole basis for decision as the entire community will benefit. The historic designation assures compatibility with new construction and preserves the character of a historic neighborhood. She felt it is not an undue burden for a property owner in a historic dis- trict with proposed plans or demolition to appear before the Historic Preservation Board. She felt it was improper to base a decision on lack of owner consent and there is no provision in the present ordinance for owner consent. Mayor Alperin supported the historic designation and was confident that properties in a historic designation increase in value faster than other properties. It is not a question whether or not we have a right but the question as to whether it is the right thing to do. The City, through its various boards, provide regulations and control over what can and cannot be built in a certain location. The Commission has to determine the rights and desires of all the residents of the City, not just individual rights, which also have to be respected. That he would like to see this ordinance pass on First Reading, and ask representatives of both sides to meet with staff in order to reach some resolution. Regarding the recent full page advertisements, Mayor Alperin stated that he would like to know the identify of the citizens involved in the "Citizens to Stop the Madness", which is the group responsible for publishing these advertisements. He felt the ads were extremely offensive and that he was personally very disappointed. Mayor Alperin was very distraught to see someone trying to utilize any reference to race. So many advances have been made, particularly in Delray Beach to try to resolve problems, to use the race theme is a method to gain favor. He felt these individuals should not be welcomed in this City, as it seems these ads were intentionally misleading. Mr. Ellingsworth stated that this issue is one of the toughest decisions that he has had to make as a native of the City. He felt it is extremely unfortunate to see citizens pitted against each other because no one wins, and the City loses. It is also unfortunate for the fine citizens on South Ocean Boule- vard who have had their lives disrupted by this effort to force them into a position to which they are adamantly opposed. He encouraged each of the 6 property owners to seek their own historic designation if they so desire as opposed to forcing them to do so. Mr. Ellingsworth moved to deny Ordinance No. 26-96 on FIRST Reading, seconded by Mr. Egan. Upon roll call the Commis- sion voted as follows: Mayor Alperin - No; Ms. Kiselewski - No; -19- 7/09/96 Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed to DENY with a 3 to 2 vote. Prior to roll call, Mr. Egan stated that during his short tenure on the Commission this issue is certainly the tough- est decision he has had to make. He fully supported the Historic Preservation Board's decision not to support the historic desig- nation. He complimented Carolyn Patton and JoAnn Peart for their time and efforts on this and many other historic issues. The 6 properties on South Ocean Boulevard are opposed to the historic designation and there is a Staff Report that recommends denial. He pointed out that there is a middle ground for this issue as each of these property owners have the ability to seek their own individual historic designation. Mr. Egan felt the Historic Preservation Board has done a wonderful job and that the Board has his full support. Mr. Randolph stated that he has had the opportunity to meet with both sides of this issue. No one is opposed to pre- serving the history of the City, particularly with respect to homes; and, that he did not like to see a division of citizens because of the formation of this proposed district. He stated that he firmly believes that we should let the future generations know what we are doing here. He personally felt there should be a historic designation in this area for these certain properties; however, since all 6 property owners are opposed, he would not support the ordinance at this time. Ms. Kiselewski stated that she also met with represen- tatives for both sides. History has played a large part in the renaissance of Delray Beach, the historical districts in particu- lar have done this. She agreed that the ordinance should be passed on First Reading in order to provide everyone more time to try to work something out. She also agreed that the best way to deal with this issue is for each of the 6 property owners on South Ocean Boulevard to seek their own historic designation. At this point, the Commission returned to the Regular portion of the Agenda. 9.~. CONTRACT ADDITION (C.O. #2)/GOLDEN EAGLE ENGINEERING CONTRACTORS: Consider a contract addition (C.O. #2) with Golden Eagle Engineering Contractors, Inc. in the amount of $53,392 and 14 additional calendar days for installation of an auxiliary sanitary force main, via the East Atlantic Avenue improvements project, with funding from 442-5178-536-61.36. The City Manager stated that at the present time there is one sewer main going to the beach which goes across the Intracoastal Waterway, and then back to the mainland. The sewer main is quite old, and if anything should ever happened, then sewage would have to be dumped elsewhere. He explained that when the SCRWD Board made the decision to proceed with the abandonment of the 24" line across the Intracoastal Waterway, City staff -20- 7/09/96 recognized this as an opportunity to go back and line that 24" main at a later date and create another Intracoastal Waterway crossing for us to pump sewage. Staff subsequently discovered that we still have all the lines in the ground which went to the old pump station in Veteran's Park. This will means that there will be less underground work on our part. All we need to do is to build a line down East Drive down to Atlantic Avenue, and to connect from the intersection of Venetian Drive westward to the Intracoastal Waterway. With respect to the request under consideration, the City Manager felt that the 14 day extension is not acceptable. The project has an extremely tight schedule and we cannot impact the merchants any more than they have been inconvenience. In- stead, we could have Marandola Construction, who is doing the work on East Drive, do the extension westward to the Intracoastal Waterway. Staff would like to seek other alternatives for making this other connection. A proposal is to have either a contractor or City staff go in and do the work at night so that the street could remain opened during the daytime. The City Manager sug- gested that $11,000.00 be added to the change order for Marandola Construction which is the next item on the agenda (Contract Addition C.O. No. 1 with Marandola Construction, Inc.). Mr. Ellingsworth moved to deny Contract Addition (C.O. # 2) to Golden Eagle Engineering Contractors, Inc., seconded by Mr. Egan. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. It was noted by the City Manager that the contractor for the project has hired a new superintendent, and it is be- lieved the schedule would be caught up to date. 9.I. CONTRACT ADDITION (C.O. ~i)/MARANDOLA CONSTRUCTION, INC.: Consider a contract addition (C.O. #1) to Marandola Con- struction, Inc. in the amount of $77,420 and 14 additional calen- dar days for installation of an auxiliary sanitary force main, via the East Road utility improvements project, with funding from 442-5178-536-61.36. The City Manager recommended approval of the contract addition and to increase the amount an additional $11,000.00 to cover that part of the project, north of Atlantic Avenue, from East Drive westward to the Intracoastal Waterway. This will bring the total to $88,420.00. Mr. Egan moved approval of Contract Addition (C.O. #1) with Marandola Construction, Inc., in the amount of $77,420 with an additional $11,000.00 (totaling $88,420.00), and 14 additional calendar days for the installation of an auxiliary sanitary force main, via the East Road utility improvements project, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as fol- -21- 7/09/96 lows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. 9.J. SETTLEMENT AGREEMENT IN KEISER V. CITY: Consider filing an appeal in the referenced matter. The City Attorney reported that there was a recent hearing on the motion regarding the settlement agreement with Keiser versus City. The judge ruled against the City and ordered settlement. This item is before the Commission for consideration as to whether or not the City wishes to appeal the Judge's order. Mayor Alperin felt that in this particular case, he would like to see the City take a chance and proceed with the appeal. For clarification, the City Attorney noted that if the Commission determines to proceed to appeal the Judge's order, then this means there will be another trial on the issue of liability and damage. Mr. Randolph moved to approve filing an appeal in the settlement agreement in Keiser versus City, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 9.K. APPOINTMENT TO THE POMPEY PARK ADVISORY COMMITTEE: Appoint a member (13 to 19 years age group) to the Pompey Park Advisory Committee to fill an unexpired term ending September 13, 1997. Appointment by Commissioner Egan. Mr. Egan moved to appoint Kareem "Corey" Thompson to the Pompey Park Advisory Committee to fill an unexpired term ending September 13, 1997, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.L. APPOINTMENTS TO THE EDUCATION BOARD: Appoint three members to the Education Board for two year terms ending July 31, 1998 {appointments by Commissioner Ellingsworth, Commissioner Randolph and Mayor Alperin); and appoint a student member to a term on the Education Board (appointment by Commissioner Kiselewski). Mr. Ellingsworth moved to reappoint Rebecca Jennings to the Education Board for a two year term ending July 31, 1998, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. -22- 7/09/96 Mr. Randolph moved to reappoint Denise May to the Education Board to a two year term ending July 31, 1998, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. Mayor Alperin stated that he wished to postpone his appointment. It was the consensus of the Commission to postpone this appointment the Regular Meeting of July 23, 1996. Ms. Kiselewski moved to appoint Ayessa Fusilero to the Education Board as a student member to a one year term ending July 31, 1996, 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; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. 9.M. RESOLUTION NO. 55-96/ROOTS CULTURAL FESTIVAL (ADDEN- DUM): Consider a resolution supporting the Roots Cultural Festi- val, Inc. in their efforts to sponsor the 19th Annual "Roots Cultural Festival", and the festival committee's related support request list. The City Manager noted that the request also includes authorization to display the "Roots Cultural Festival" flag by the merchants along Atlantic Avenue. Ms. Kiselewski moved approval of Resolution No. 55-96 supporting the Roots Cultural Festival, Inc., and the festival committee's related support request list; a waiver of half of the overtime costs for Police security; and authorize the display of the "Roots Cultural Festival" flag by the merchants along Atlan- tic Avenue, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 13. Comments and Inquiries on Non-Agenda Items. 13.A. The City Manager. The City Manager stated that Palm Beach County is requesting additional counterweights be installed on the Linton Boulevard bridge in order to help its balance condition. These counterweights will be installed between the hours of 10:00 p.m. through 6:00 a.m. on July 8, 9, 11 and 12, 1996. During these nighttime hours vehicular traffic will be routed to one lane in each direction. In regard to the recent chlorine gas leak at the Water Treatment Plant, the City Manager reported that during installa- tion of the cylinder the lead washer which connects from the piping to the cylinder had not been installed correctly; was -23- 7/09/96 cross threaded which caused it to gave way after five dayse Staff will change the device which is used for the connections so that the lead washer will be visible where the two pieces are joined instead of being hidden inside the fitting. 13.B. The City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. Mr. Ellinqsworth complimented Vice Mayor Randolph on a superb job of representing the City at the 1996 Olympic Torch Relay ceremony which was held at Old School Square on July 5, 1996. Mr. Randolph returned the compliment to Mr. Ellingsworth on his presentation during the ceremony. Mayor Alperin distributed information to the Commission which he had recently received from the Orchid Society. Mayor Alperin asked about the status of the acquisition of the Spady House? In response, the City Manager explained that staff is waiting for confirmation as to the amount of monies budgeted for this project. In the meantime, an appraisal will be conducted and the City will move forward on the acquisition. Mayor Alperin requested that staff advise EPOCH (Ex- panding and Preserving our Cultural Heritage) as to the status of this project. It was pointed out by Mayor Alperin that the School Board has refused to make a commitment toward the second phase of the Seacrest Property project. He voiced his immense frustration and disappointment with the School Board; their lack of coordina- tion and decision making; and felt they have found every road- block imaginable. Bob Barcinski, Assistant City Manager, stated the City Commission had approved the Interlocal Agreement, as proposed, in October, 1995. The issue primarily involves the construction of the gymnasium which is to be built within three years after completion of the Phase I. As a result, when the agreement went to the School Board for approval they decided to remove the item from their agenda. They would not even deal with it as there were objections from some of their board members with respect to the language pertaining to Phase II. Although the School Board does not want to be involved with Phase II, they have increased its budget and are fully committed to the first phase of the project. Mr. Barcinski noted that he has been working on the language of the agreement over the past few weeks with the City -24- 7/09/96 Attorney. He pointed out that the City had tried to get the School Board to commit to listing this project in their 7-Year Capital Improvement Plan as a priority project for funding. There is a concern that they cannot commit a board to a future debt. The City did not have a problem with this; however, the concern was that the School Board would not list it as a priority project. Mr. Barcinski then read into the record a paragraph from "The Memorandum of Understanding" which states that all future development contemplated under Phase II will be programmed and listed as a project which will receive priority consideration for funding in the district's 7-Year CIP within the time frame outlined (three year period). Mr. Barcinski noted that it is not clear if the School Board will be considering this issue at its meeting tonight. Mayor Alperin again voiced his personal frustration at the School Board's inability to make a simple business decision. Mr. Barcinski stated that the School Board had request- ed him to make a commitment to approve the language as modified by the School Board, on behalf of the City Commission. Mr. Barcinski stated for the record that he had informed the School Board that he was not in a position to do so. At this point the City Attorney stated that she thought everyone had agreed to the language and was very surprised to see the changes. Mayor Alperin asked that the revocation of approval be placed on the agenda for the Regular Meeting of July 23, 1996. There being no further business, Mayor Alperin declared the meeting adjourned at 9:30 p.m. City Clerk 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 July 9, 1996 which minutes were formally approved and adopted by the City Commission -25- 7/09/96 City Clerk NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. -26- 7/09/96