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07-23-96 JULY 23f 1996 A Regular Meeting of the City Commission of the City of Delray Beach, Plorida, was called to order by Mayor Jay A1perin in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, July 23, 1996. 1. Roll call showed: Present - Commissioner Kevin Egan Commissioner Ken Ellingsworth Commissioner Karen Kiselewski Commissioner David Randolph 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 Reverend Richard Evans, Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mayor Alperin noted that Item 8.D., Final Plat Approv- al/La Sedona, of the Consent Agenda, has been withdrawn by the applicant. He also noted the addition of Item 9.K., Purchase of H.T.E. Software and NEC Computers to the Regular Agenda by adden- dum; and additional information has been provided for Item 9.E., Water Bill Adjustment Policy/Status Report. The City Manager requested that Item 9.F., Community Redevelopment Agency/Support Request for the Farmers Market, be removed from the Regular Agenda. Mr. Ellingsworth moved to approve the agenda as amend- ed, 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 A1perin - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes= Mr. Randolph moved to approve the Minutes of the Regu- lar Meeting of July 9, 1996 and the Special Meeting of July 16, 1996, seconded by Mr. Ellingsworth. Upon roll call the Commis- sion voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor A1perin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: None. 7. Presentations: 7.A. Frank McKinney - 01ymplc Torch Frank McKinney, Venture Concepts International, Inc., representing the Delray Beach Youth Council, and a torchbearer in the 1996 Olympic Torch Relay, donated (on permanent loan) his torch commemorating the Olympic Flame passing through Delray Beach on July 5, 1996. Mr. McKinney will arrange to have a glass case built in order to display the torch for generations to come. On behalf of the citizens of Delray Beach, Mayor Alperin accepted the Olympic torch. 7.B. Cotleur Hearinq, Inc. - Lake Ida Road Beautification Don Hearing, Landscape Architect, gave a brief overview of the proposed beautification plans for Lake Ida Road, between Congress Avenue and Swinton Avenue. 7.C. Land Desiqn South - 1-95 Sound Barrier Wall Beautifica- tion Brad Swanzey, Land Design South, gave a brief overview of the proposed landscape design for the 1-95 Sound Barrier Wall. 8. CONSENT AGENDA= City Manager recommends approval. 8.A. INITIATION OF A CHANGE OF ZONING FOR THE SEACREST PROPERTIES= Initiate a change of zoning from NC (Neighborhood Commercial) District and POD (Professional Office District) to CF (Community Facilities) District for City-owned property located on the west side of Seacrest Boulevard across from Atlantic High School. 8.B. PERMANENT CLOSURE OF S.W. 3RD STREET BETWEEN S.W. 2ND AND 3RD AVEN~ES: Approve the permanent closure of S.W. 3rd Street between S.W. 2nd and 3rd Avenues associated with the Merritt Park parking improvements, based on positive findings with respect to the City's street closure policy and the Compre- hensive Plan. 8.C. FINAL PLAT APPROVAL/EMMANUEL CATHOLIC CHURCH= Approve the final boundary plat for Emmanuel Catholic Church Plat Two. The subject property is located on the east side of Military Trail between Linton Boulevard and Sherwood Boulevard. 8.D. FINAL PLAT APPROVAL/LA SEDONA= Approve the final plat for La Sedona, a proposed 66 unit townhouse development on 11.61 acres. The subject property is located on the west side of Military Trail, approximately 2,800 feet north of Atlantic Ave- nue. -2- 07/23/96 THIS ITEM WAS REMOVED FROM THE AGENDA. 8.E. RATIFICATION OF CONSENSUS/LAKEVIEW GOLF COURSE CLUB- HOUSE: Ratify the Commission consensus of July 16, 1996, to proceed with Option B relative to the Lakeview Golf Course club- house project. 8.F. LETTERS TO CONGRESS AND GOVERNOR CHILES ON PROPOSED RULES BY THE FEDERAL COMMUNICATIONS COMMISSION (FCC): Approve and authorize staff to send letters to Governor Chiles and our Congressional delegation requesting their support of efforts to get the FCC to modify its proposed rules concerning open video systems (OVS) and reception devices {satellite dishes). 8.G. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR LAKE IDA ROAD MEDIAN IMPROVEMENTS: Approve an agreement with Palm Beach County specifying the amount of joint project funding with respect to the installation of curbed medians in conjunction with the widening of Lake Ida Road between Congress and Swinton Ave- nues. The City's portion is $40,966.70, with funding from 334-4144-572-63.31. 8.H. VOCATIONAL TRAINING AGREEMENT WITH THE SCHOOL DISTRICT OF PALM BEACH COUNTY: Approve an agreement between the City and the School District of Palm Beach County for vocational training programs for City employees, with funding from various departmen- tal budgets. 8.I. RENEWAL OF EMPLOYEE ASSISTANCE PROGRAM CONTRACT: Approve renewal of the contract with Human Affairs International, Inc. for the Employee Assistance Program (FY 96/97), at a cost of $3.55 per employee/month, or approximately $29,820.00, with funding from 551-1576-591-31.90. 8.J. MANAGED CARE ARRANGEMENT WITH GENEX SERVICES, INC./WORKERS' COMPENSATION: Approve a 'managed care' arrangement with Genex Services, Inc. for workers' compensation medical claims, at an annual fee of $22,912.56 ($2.63 per employee/month) from 551-1575-591-45.20. 8.K. FUNDING SUBSIDIES/DELRAY BEACH RENAISSANCE PROGRAM: Approve and authorize issuance of funding subsidies totaling $74,398.05 for four eligible applicants under the Delray Beach Renaissance Program ($55,950 from HOME Account %118-1923-554-83.01, and $18,448.05 from SHIP Account %118-1924-554-83.01). 8.L. CHANGE ORDER ~2 AND FINAL PAYMENT/MCTEAGUE CONSTRUCTION CO., INC.: Approve deduct Change Order %2 in the amount of $36,596.16 and final payment in the amount of $58,381.34 to McTeague Construction Co., Inc. for the Pompey Park pool and bath house project, from 334-4170-572-63.45. 3 07/23/96 8.M. AMENDMENT NO. 2 TO SERVICE AUTHORIZATION ~15/CH2M HILL: Approve Amendment No. 2 to Service Authorization #15 with CH2M Hill for consulting services in conjunction with Phase II Of the filter media replacement project at the Water Treatment Plant, in the amount of $4,263 from 442-5178-536-61.46. 8.N. RESOLUTION NO. 61-96: Approve a resolution authorizing the City to acquire property located at 235 S.W. 1st Avenue for the purpose of providing housing pursuant to the City's Afford- able Housing Program. Funding in the amount of $33,000.00 is available from 118-1922-554-61.10 (HOPE 3 Program). The caption of Resolution No. 61-96 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 61-96 is on file in the offi- cial Resolution Book) 8.0. RESOLUTION NO. 56-96: Adopt a resolution assessing costs for abatement action required to board up an unsafe build- ing at 332 N.W. llth Avenue. The caption of Resolution No. 56-96 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST 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. (Copy of Resolution No. 56-96 is on file in the offi- cial Resolution Book) -4- 07/23/96 8.P. RESOLUTION NO. 57-96: Adopt a resolution assessing costs for abatement action required to remove a septic tank at 4015 N.W. 7th Court. The caption of Resolution No. 57-96 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST 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. (Copy of Resolution No. 57-96 is on file in the offi- cial Resolution Book) 8.Q. RESOLUTION NO. 58-96: Adopt a resolution assessing costs for abatement action required to demolish an unsafe build- ing at 239 N.W0 10th Avenue. The caption of Resolution No. 58-96 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST 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. (Copy of Resolution No. 58-96 is on file in the offi- cial Resolution Book) -5- 07/23/96 8.R. RESOLUTION NO. 59-96: Adopt a resolution assessing costs for abatement action required to board up an unsafe build- ing at 303 S.W. 2nd Avenue. The caption of Resolution No. 59-96 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST 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. (Copy of Resolution No. 59-96 is on file in the offi- cial Resolution Book) 8.S. AERO DRI MATTER/CITY V. AGRICULTURAL INS. CO., ET AL: Authorize the City Attorney to pursue an agreed final judgment in the referenced matter. 8.T. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period July 1 through July 19, 1996. 8.U. AWARD OF BIDS AND CONTRACTS: Bid award to Sullivan Brothers, Inc. in the amount of $365,765 for the Brandon Drive utility improve- ments which include water main, sanitary sewer line including laterals, a lift station, and restoration of driveways and sodded swale areas, with funding from 440-5179-536-69.12. 2. Bid award through the Community Development Block Grant Program to Intercontinental Construction Corp. for a housing rehabilitation project at 507 S.W. 6th Avenue, in the amount of $17,561.00 from 118-1963-554-49.19. 3. Grant awards through the SHIP and HOME programs for the rehabilitation of two single family hous- ing units, to be awarded as follows: $15,183 to -6- 07/23/96 Intercontinental Construction Corp. for 318 S.W. 9th Street, and $16,559 to Henry Haywood for 350 S.W. 10th Avenue, with funding from SHIP Account No. 118-1924-554-49.19 and HOME Account No. 118-1923-554-49.19. Mr. Egan moved to approve the Consent Agenda as amend- ed, 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. 9. REGULAR AGENDA: 9.A. FY 1996/97 BUDGET - ESTABLISHMENT OF PROPOSED MILLAGE RATE. The City Manager presented the 1996/97 proposed Budget to the City Commission with the request that they establish the millage rate at 7.9%. He informed Commission that they could reduce the millage rate prior to the September 3rd public hearing but it could not be increased above 7.9%. Mr. Egan complimented the City Manager and staff for making the proposed budget document simple and easy to under- stand. Mr. Ellingsworth moved to approve the proposed millage rate of 7.9% for fiscal year 1996/97, seconded by Mr. Egan. 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. The City Manager advised Commissioon that he expected to have the Water and Sewer, Golf Course and Capital Improvement budgets to the Commission by next week. At this point, it was noted by Mayor Alperin that the Budget Workshop meeting is scheduled for August 13, 1996. If additional time is needed, a second Workshop meeting will be held August 27, 1996. 9.B. CONTRACT ADDITION (C.O. #2)/GOLDEN EAGLE ENGINEERING CONTRACTORS: Consider a contract addition (Change Order #2) in the amount of $61,822.00 with Golden Eagle Engineering Contrac- tors 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 this request is for in- stallation of an auxiliary sanitary force main in conjunction with the East Atlantic Avenue Beautification project. Installa- tion of this new main will provide the City with alternate means of sewage discharge from the barrier island across the Intracoas- -7- 07/23/96 tal Waterway. It is the intent of Golden Eagle to do the majori- ty of the work at night, which requires additional lighting and labor costs not included in the original quote of $53,392. The additional $8,430 included in this request will compensate Golden Eagle for these requirements. The City Manager is recommending approval of this change order in the amount of $61,822 with no time extension to the contract. Mr. Randolph commented that he hopes the contractor will not be extending the effort of the workers that he is using during the day for the night shift. Dan Beatty, City Engineer, stated the subcontractor would come in after hours and bring in their own crews in addi- tion to their own equipment. The City Manager inquired as to the hours that the subcontractor proposes to work? In response, Mr. Beatty stated that he presumes the subcontractor will probably work from 6:00 p.m. until 6:00 a.m. At this point, Mayor Alperin asked for clarification regarding the the letters he received for Brandon Drive utility improvements. The City Manager explained that Mayor Alperin is referring to a bid protest in relation to the bid award for Brandon Drive (consent agenda item). That particular bidder did not meet the minimum requirements of the specifications. The City Manager also stated there were deficiencies in the bid and even if the City chose PVC piping, Sullivan Brothers, Inc. would still be the low bidder. Mr. Egan moved to approve the contract addition (C.O. #2) to Golden Eagle Engineering Contractors, Inc. in the amount of $61,822, for installation of an auxiliary sanitary force main, with no time extension, seconded by Ms. Kiselewski. 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.C. SPECIAL EVENT REQUEST/PEACH UMBRELLA PERFECT HARMONY FESTIVAL: Consider a request from the Peach Umbrella Plaza Association for special event approval, including temporary use permit, partial street closures and City staff assistance, for the Perfect Harmony Festival to be held on Saturday, October 5, 1996. Mr. Randolph moved to approve a special event request from the Peach Umbrella Perfect Harmony Association, Inc. for a temporary use permit, partial street closures and City staff assistance, for the Perfect Harmony Festival to be held on Satur- day, October 5, 1996, 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. -8- 07/23/96 9.D.UNDERWRITING AGREEMENT: Consider terminating the City's underwriting agreement with Smith Barney, Inc. and Stifel, Nicolaus and Company, Inc., and to authorize staff to negotiate a new agreement with Smith Barney, Inc. and Raymond James and Associates, Inc. Mr. Ellingsworth moved to approve terminating the City's underwriting agreement with Smith Barney, Inc. and Stifel, Nicolaus and Company, Inc., and authorizing staff to negotiate a new agreement with Smith Barney, Inc. and Raymond James and Associates, Inc., seconded by Mr. Randolph. 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.E.WATER BILL ADJUSTMENT POLICY/STATUS REPORT: The City Manager stated the information presented to the Commission is a detailed background of one specific water and sewer bill problem. In addition, a copy of the City's policies and procedures and how it is applied by staff along with Section 52.51 of the City Code which describes in detail the appeals process available to customers who have a complaint about their utility bill. Joe Safford, Finance Director, explained that the Utility Billing Division must operate in compliance with the City Code of Ordinances. Section 52 of the City Code covers water operations and Section 53 covers sanitary sewers. In addition, the operations of this Division must comply with revenue bond covenants (promises) that have been established with bondholders and the courts. Section 52.30 specifically states: "The owner of the property being serviced by city water shall be responsible for all charges against that property for water use...". Section 52.34(E) states: "The customer charges and capacity charges as set forth in this section shall be due and payable each and every month for as long as the meter is in- stalled, regardless of whether or not the meter is actually turned on or off and without regard to use or occupancy." Discussion by the Commission followed. Mr. Randolph commented that the City needs to be more concerned about determining the real reason of the problem and what may be causing such a high water consumption. He feels there should be a better explanation given to customers other than saying the City has two things to support the City contin- -10- 07/23/96 At this point, there was no further discussion and no formal action was taken on this item. 9.F. COMMUNITY REDEVELOPMENT AGENCY/SUPPORT REOUEST FOR THE FARMERS MARKET: Consider a request from the Community Redevelop- ment Agency for support of the proposed Farmers Market to be held on Saturday mornings between November 14, 1996 and May 31, 1997. THIS ITEM WAS REMOVED FROM THE AGENDA. 9.G. PALM ACTS CONTRACT: Consider approval of a substitute agreement between the City and Palm Acts, Inc. Brahm Dubin, General Manager of the Delray Beach Munic- ipal Golf Course, stated that he and the City Attorney met with Palm Acts and what is before Commission is an agreement which is a compromise on both sides. Ms. Kiselewski had two concerns, must we extend the contract to the full term of 5 years or the 3 1/2 years left on the existing contract, and not having to wait the entire year to determine if the four(4) events have been held. The City Attor- ney responded that the 5 year term was part of the total contract negotiation and under the substitute agreement, Palm Acts must actually hold at least four(4) events which is a great improve- ment over the existing agreement. Ms. Kiselewski asked if sporting events would be held at the tennis stadium? The City Attorney stated in the agreement it was difficult to define so the language was left as non-sport- ing events (page 4, item #8). The City Attorney stated that the City wanted to put non-sport sporting events, however, they felt there may be some event that is considered more entertainment than actual sporting. Mr. Egan asked for clarification on (page 5, item #11), of the agreement where it references to "designee" He wanted to know who is the "designee"? In response, Mr. Dubin stated this would be the City Manager. Mr. Ellingsworth expressed reservations regarding the time period. He felt that the new agreement should reflect the remaining 3 1/2 years; and, at this time, is against supporting the extension. Mr. Ellingsworth complimented staff for the improvements made to the substitute agreement. Mr. Randolph asked who has the final event approval. The City Attorney stated the agreement states the Commission or its "designee" which means the City Manager, Mr. Dubin, or whom- ever the City Commission designates. Mayor Alperin expressed concern about the language in the contract (page 14, item #33) and feels that the wording -10- 07/23/96 should be changed to reflect "tennis stadium". The City Attorney said this would be corrected. The City Attorney stated that the effective date of the new agreement should be when all the accounting of revenue under the existing agreement has been satisfied. Mr. Ellingsworth asked if the contract is approved this evening, will Palm Acts have a full calendar year to hold the four (4) events? In response, the City Attorney stated that they would indeed have a full calendar year to actually hold the required four (4) events. Mr. Egan moved to approve the Palm Acts agreement subject to the caveat that all accounting revenues due are satis- fied from the previous agreement as presented by the City Attor- ney, 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. At this point, the time being 7:10 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. FIRST READING AND FIRST PUBLIC HEARING: An ordinance amending LDR Section 4.4.24(D) to allow 'Open Air Farmers Market' as a conditional use in the Old School Square Historic Arts District (OSSHAD), and amending Appendix "A" of the Land Develop- ment Regulations by adding a definition for 'Farmers Market' If passed, the second required public hearing will be held on August 6, 1996. The City Manager presented Ordinance No. 28-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING 'OPEN AIR FARMERS MARKET' AS A CONDITIONAL USE; AMENDING APPENDIX A, "DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS BY ADDING A DEFINITION FOR 'FARMERS MARKET'; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 28-96 is on file in the official Ordinance Book) -11- 07/23/96 Assistant City Attorney Tolces read the caption of the ordinance. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Principal Planner, entered all pertinent documents relating to this project into the record. The Delray Beach Joint Venture is requesting a Farmer's Market in the CRA parking lot located between Swinton Avenue and N.W. 1st Avenue, just north of Atlantic Avenue. The event is planned for once a week (Saturday) from 6:00 a.m. until 1:00 p.m. during the growing season (approximately 5 1/2 months a year). The overall intent of allowing the Farmer's Market is to promote revitalization of the downtown through a mix of uses intended to generate pedestrian activity along Atlantic Avenue and the adja- cent streets. A Farmer's Market in the area will draw a number of people to the downtown on a regular basis, and is consistent with the City's plan for redevelopment of the area. Farmer's Market also evoke a sense of tradition and community, which are consistent with the preservation theme of the OSSHAD zoning district. The Planning and Zoning Board considered the requests at public hearings on June 17, 1996 and July 15, 1996. No one from the public spoke for or against the proposal. The Planning and Zoning Board recommended approval to add the conditional use on a unanimous 7-0 vote and to add the definition on a 6-0 vote (Carolyn Young absent). Mayor Alperin declared the public hearing closed. Discussion by the Commission ensued. Ms. Kiselewski asked for clarification regarding the definition of Farmer's Market where it refers to agricultural produce "and related products" Mr. Dorling stated this language was added to the ordinance and what is envisioned is also the sale of crafts made for natural products. Mayor Alperin asked staff if this conditional use could open the door for anyone who may want to have their own Farmer's Market in the OSSHAD district. In addition, Mayor Alperin ex- pressed concern with the conditional uses and feels there are not enough restrictions. Chris Brown, Executive Director of the CRA, stated the concept is not to have a craft market like the Delray Affair. The central focus is produce and then the by-products of produce such as jellies, jams, and vinegars. In addition, he stated there will be some basket weaving; however, emphasized that they are not trying to promote crafts. -12- 07/23/96 Mayor Alperin stated that initially when the proposal came before the City, everything was to be either grown or made by local farmers. He asked for clarification about someone buying products and then making a secondary product. Mr. Brown stated that the County is promoting by-products of this County's produce. Paul Dorling, Principal Planner, stated that they did not want to allow flea markets but they did want to allow Farmers Markets with an emphasis on local agricultural produce. Mr. Ellingsworth commented that the definition of "Farmer's Market" should be better defined before the Commission votes on this item. Mayor Alperin stated that a more in-depth study needs to be completed regarding this conditional use and feels the definition is much to broad particularly with respect to "and related products". Mr. Egan asked for clarification about whether or not this is a CRA project or a Joint Venture project. Chris Brown, Executive Director of the CRA, stated this is a request from the Downtown Joint Venture, not the CRA. Mr. Randolph commented that he supports the Farmer's Market; however, expressed concern over whether or not this would water down the entire project so that there would be trouble getting vendors into this area. He feels a vendor is not going to waste time setting up only to be able to sell one or two items. Mr. Ellingsworth moved to deny Ordinance No. 28-96 on FIRST Reading and FIRST Public Hearing, seconded by Mr. Egan. 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 to deny passed with a 5 to 0 vote. 10.B. 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. (Continued Hearing) The City Manager presented Ordinance No. 13-96: 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 -13- 07/23/96 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) Mr. Egan moved to deny Ordinance No. 13-96 on Second and FINAL Reading, 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 to deny passed with a 5 to 0 vote. 10.B.1. ORDINANCE NO. 27-96: Consideration on FIRST READING of an ordinance amending the City Code by repealing Sec- tion 102.40, "Newsracks", and enacting a new Section 102.40, "Movable Fixtures Within The Right-of-Way", to provide for regulations on the placement, appearance and maintenance of newsracks; and repealing LDR Section 6.3.3, "Movable Fixtures within the Right-of-Way". If passed, public hearing August 6, 1996. The City Manager presented Ordinance No. 27-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING SECTION 6.3.3, "MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY", OF THE LAND DEVELOPMENT REGU- LATIONS OF THE CITY OF DELRAY BEACH; REPEAL- ING SECTION 102.40, 'NEWSRACKS' OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH; ENACTING A NEW SECTION 102.40, "MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY", OF THE CODE OF ORDINANCES 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. 27-96 is on file in the official Ordinance Book) Assistant City Attorney Tolces read the caption of the ordinance. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. Gerald Defoe, President of PROD and representing Coun- try Manors, expressed concern over the conditions and the loca- tion of the newsracks. He asked if the City will be able to control the location of the newsracks and are the appearances -14- 07/23/96 going to be uniform? He urged the Commission to be aware of the restrictions placed on outdoor advertising should the City decide to chose this route. Jerry Budney, attorney with Miami Herald, stated he feels this has been compromise upon compromise. He requested that there be an amendment to the definition of "Modular News- rack" on page 3 of the Ordinance and that it be changed from six or eight newsracks to four to nine modular racks. Some newsracks hold nine modular racks because of the way they are structured with respect to the non-paid publications. Although they will be uniform color as set forth in the Ordinance, Mr. Budney suggested that the definition be changed to accommodate for the non-paid publications. Mr. Budney clarified that the modular racks are supposed to be placed on concrete pads which will be installed by the City, and the Miami Herald will pay for the racks and the like. For clarification, Mr. Budney stated that the newsracks are not being bolted down into the sidewalk but rather onto the concrete pad that is being placed down for the newsracks. Cathy Pelligrino, representing the Sun-Sentinel, reit- erated Mr. Budney's comments and feels there was a lot of compro- mise with all parties involved. William Pincus, attorney for the Palm Beach Post, emphasized that he agrees with Mr. Budney's comments that there should be an amendment to the effective date of Section 120.40(D) (5) which requires the newspapers to place their modular newsracks on concrete pads constructed by the City. He suggested that additional language be added to Section 5, page 14 of the Ordinance to read: "That this ordinance shall become effective one hundred eighty (180) days after its passage on second and final reading except that the provisions of 120.40 (D) (5) requir- ing placement of modular newsracks on City constructed concrete pads shall not become effective until 14 days after the City notifies the vendors in writing that the concrete pads are in place." Mayor Alperin closed the public hearing. Mr. Egan complimented staff and the newspapers for finally coming to a compromise. Mr. Randolph asked for clarification on the modular newsracks going from 4-9 newsracks. Mr. Pincus clarified that the non-paid publications are smaller and therefore the box is actually made with nine slots. It is Mr. Pincus' understanding that modular for paid publications are made in either 4, 6, or 8 and the modular for non-paid publications are grouped in nine. Mayor Alperin thanked the newspapers and complimented them for coming to a compromise. -15- 07/23/96 Mr. Randolph moved to approve Ordinance No. 27-96 on FIRST Reading with changes to the modular newsracks language to range from 4-9 newsracks; and modifications to Section 5 of the Ordinance as presented by the newspaper, seconded by Ms. Kise- lewski. 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. 10.C. 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. 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. 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 City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this item will be conducted as a quasi-judicial proceeding which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The Deputy City Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling, Principal Planner, entered into the record the Planning and Zoning Department's project file #96-173 and ~95-106. On June 2, 1995 the City Commission granted rezoning and attendant site plan approval to reestablish the SAD (Special Activities District) for the Delray Marina subject to conditions -16- 07/23/96 as well as an improvement schedule set for in Section 4 of the ordinance. The schedule has not been met and the applicant is before the Commission to amend the SAD (Special Activities Dis- trict) ordinance. In summary, the previous consultant was dis- missed and new consultants (architect, engineer, landscape archi- tect) had to be hired to redraw the plans. The request before the City Commission is to amend the improvement schedule and eliminate the language which pertains to the installation of a water main and fire hydrant. Planning and Zoning Board considered the request at a public hearing on June 17, 1996. No one from the public spoke for, or against the proposal. The Planning and Zoning Board recommended approval of the improvement schedule recommended by staff on a unanimous 7-0 vote. Patrick Potak, manager of Marina Delray, stated that a tremendous amount of work has gone into the facility. He stated that there was a problem with the engineer midstream; so the site plan had to be redone by a local engineer. To his understanding, within the next 30 days the permits will be pulled. There being no else who wished to give testimony on this item, the public hearing was closed. Discussion by the Commission ensued. Mr. Egan commented that this property had been an eye sore for a long time and he is pleased with the progress made so far and is looking forward to the completion of this project. Mr. Randolph moved to adopt Ordinance No. 25-96 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - No; Ms. Kiselewski - Yes. Said motion passed with a 4 to 1 vote. After the vote, Mayor Alperin commented that he is disappointed with what is being done with SAD (Special Activities District) zoning. He stated that the SAD zoning is being abused and feels there is a problem with the utilization of the zoning. 11. Comments and Inquiries on Non-Agenda Items from the Public - Immediately following Public Hearings. 11.A. City Manager's response to prior public comments and inquiries. In response to a prior concern regarding several tele- phones that have been installed on the east side of the sidewalk along the beach, the City Manager stated that there are actually two telephones installed and that the signs were placed on top of them to make the telephones more visible. Staff feels that the signs are reasonable and will help people on the beach needing a 07/2 /96 telephone to see where they are. The City could have them removed or have the wording changed on the signs. Furthermore, he stated the phones were installed with appropriate permits. Regarding a prior complaint about the condition of the landscaping at Bright Park (small park adjacent to Mt. Olive Church), the City Manager stated that Code Enforcement picks up the litter on a daily basis. There has been a problem with some individuals using the plant boxes as urinals which has killed the plants. The City is working on policing the area better and continuing some intensive maintenance. The City will replant the plantings where necessary. In response to a prior concern expressed regarding the size of buildings being constructed on the beach, the City Manag- er stated that this is currently an ongoing project in the Plan- ning and Zoning department's work program. He stated that this is a very complicated issue and may need to come back to the Commission for additional direction. ll.B. From the Public. 11.B.1. Willie Ports, Jr., 634 Angler Drive, expressed concern over the way the Pompey Park pool has been constructed and stated the deck is cracking and the diving board is coming up. He urged the Commission to consider postponing payment to McTeague Con- struction Company, Inc. until the job is completed correctly. Secondly, Mr. Potts commented on the Palm Acts contract and feels that Palm Acts did not live up to their agreement. He asked the Commission to consider bringing gospel concerts to the tennis stadium. The City Attorney stated that she will have a formal response for Mr. Potts at the next meeting regarding this matter. 12. FIRST READINGS: None. At this point, the time being 8:00 p.m., the Commission returned to Item 9.H. of the Regular Agenda. 9.H. POLICE/FIREFIGHTER PENSION MATTERS/PROPOSED RULES: Consider authorizing the City Attorney to file a challenge to Proposed Rules published by the Division of Retirement pertaining to police and firefighter pension matters. The City Attorney stated that the Division of Retire- ment (DOR) has adopted some proposed rules that would impact the City's "local law" plan. Some of these rules would have some financial impact on the City. For example, the definition of compensation is broader than the current definition; it includes overtime and other payments. The City's plan provides for a normal retirement of 2.5% of the average monthly earnings for each year of continuous service, with a maximum of 75% of the average monthly earnings. The maximum amount allowed under the -18- 07/23/96 City's plan is based on thirty (30) years of employment. The DOR rules would require payment for all years which would eliminate the 75% cap in the City's plan. In addition, the City's plan excludes overtime, bonuses and other non-regular payments from the definition of earnings(i.e, compensation). The DOR rules would include overtime, etc. in the definition of compensation. The City Attorney is asking the Commission for direction whether or not to join in on the challenge of these proposed rules and recommends that Jim Linn, attorney, act on behalf of the City of Delray. The City Manager recommends that the City support the Florida League of Cities because if these rules stand, they would be very costly and would force the City to change the way the business is done in certain areas. For example, if overtime compensation is added in for police officers, the City would have to look at no longer allowing them to do off-duty overtime be- cause it would increase pension costs. It would also raise a question as to whether or not it would economically make sense for the City to even stay in the State plan. Mayor Alperin stated the power of the unions under the State legislature is quite overwhelming. He stated he does not want to take anything away from firefighters or police officers, but at the same time, he feels that every time the City goes out of its way to give more than what the State may consider a fair share, the City gets pushed into giving more. He stated that there needs to be a stop to this and feels the City needs to fight back. Discussion by the Commission followed. Mr. Egan moved to authorize the City Attorney to file a challenge to the Propose Rules published by the Division of Retirement pertaining to police and firefighter pension matters and to appoint Jim Linn to represent the 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.I. APPOINTMENT TO TEE EDUCATION BOARD: Appoint a regular member to the Education Board for a two year term ending July 31, 1998. Mayor Alperin's appointment. Mayor Alperin recommended the appointment of H. Paul Sayrs as a regular member to the Education Board for a two year term ending July 31, 1998. Mr. Ellingsworth so moved, 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. -19- 07/23/96 9.J. 2ND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY, THE CITY AND THE CRA/SOUTH COUNTY COURTHOUSE: Consider approval of the 2nd Amendment to the Interlocal Agree- ment between the County, the City and the CRA governing the South County Courthouse project. Chris Brown, Executive Director of the CRA, stated that the CRA has already approved the second amendment. The second amended agreement provides the following: 1. The CRA does not have to convey Parcel 3 under the agreement, as was provided in the previous agreement. 2. Parcel 1 and 2 need not be conveyed to the County unless the County notifies the CRA of the need for the property by December 31, 2000. 3. If Parcel 2 is required by the date set forth above, the CRA will provide a pedestrian walk connecting Parcel 2 with S.W. 2nd Avenue. 4. The upgrades for parking on the existing site will be made at the time another structure is built. Ail approvals will be based on existing codes. The interim upgrade to the parking will occur by December 31, 1997 pursuant to the plan, if acceptable to the CRA and the City. Mr. Brown noted that the most important part of this agreement is that the County is no longer going to require that the CRA turn that property over to the County for the future extension of the Courthouse. The County will not build a sepa- rate building to the Courthouse, but add on about 75,000 square feet to the existing building. Secondly, the CRA gets to retain the property and once the lease has expired, the CRA can use this for a redevelopment site. Mr. Brown stated that the CRA does not have to turn those properties over to the County until the year 2001. In addition, the CRA will retain full rights over this parking lot. In the event they begin construction of their addition of the courthouse, the CRA has the right to build a parking garage if so desired. The City Attorney noted and distributed Exhibit "C" of the Palm Beach County License Agreement, and stated it primarily relates to the parking issues. Mr. Egan stated he is pleased to see that negotiations of this agreement is finally coming to an end. Mr. Egan moved to approve the 2nd Amendment to the Interlocal Agreement between the County, the City and the CRA governing the South County Courthouse project as recommended by the City Attorney, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. -20- 07/23/96 Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.K. PURCHASE OF H.T.E. SOFTWARE AND NEC COMPUTERS: Consid- er Police Department purchase of 16 NEC laptop computers from USA Flex, Inc. in the amount of $32,057.64; and software from H.T.E., sole source vendor, in the amount of $43,400, for a total of $75,457.64 from 115-0000-248-99.00. The City Manager stated that this is Phase I of the first year implementation of the Police Department's five year plan to issue laptop computers to all Field Operations personnel. This is being funded from Federal Forfeiture Funds and H.T.E. is the sole source for the software. The $43,400 for the software includes the installation and training of City staff. Mr. Ellingsworth moved to approve the Police Department purchase of 16 NEC laptop computers from USA Flex, Inc. and software from H.T.E., in the total amount of $75,457.64, with funding from Federal Forfeiture Funds, 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. 13. Comments and Inquiries on Non-Agenda Items. 13.A. The City Manager The City Manager stated there was brief discussion at the last Commission meeting regarding the East Atlantic Avenue Project incentives and penalties. The penalty clause is $2,000 per day if a contractor runs over the projected completion date. There is also a $10,000 bonus built into the contract. The contractor did not meet the July 19th milestone, nor is it ex- pected that they will meet the August 29th milestone, therefore, to date they have not qualified for a bonus. Mayor Alperin asked when the substantial completion will be? The City Manager stated substantial completion is in late September with final completion in late October. Lastly, the City Manager distributed the write-up of the Goal Setting session from June, 1995. 13.B. City Attorney The City Attorney had no comments or inquiries. 13.C. City Commission 13.C.1. Mr. Ellinqsworth Mr. Ellingsworth stated he witnessed Kendra Graham of the City Manager's office in a confrontation with an irate citi- -21- 07/23/96 zen and complimented her on the professional matter in which she handled the situation. Secondly, he commented about the new homes being built on the ocean along A-1-A and the setback ratio to the land size. The City Manager stated that the general issue of large houses on small lots has been referred to the Planning and Zoning depart- ment and staff can specifically address the setback question. 13.C.2. Mr. Randolph Mr. Randolph asked if there are any plans for the transfer of trash and garbage from Waste Management to BPI for October 1, 19967 He commented that Waste Management has not stopped their effort and feels the transition must be going well. The City Attorney stated that Waste Management should be congratulated for doing a good job until the very end. Cur- rently, staff has been working on a contract with BFI and expects that the contract will be brought before the Commission soon. Mayor Alperin asked when the changeover will be in effect? In response, the City Attorney stated the changeover will be in effect October 1, 1996. 13.C.3. Ms. Kiselewski Ms. Kiselewski had no comments or inquiries. 13.C.4. Mr. Eqan Mr. Egan had no comments or inquiries. 13.C.4. Mayor Alperin Mayor Alperin asked when the employee raise range and the average range is going to be considered? In response, the City Manager stated the City is waiting on recommendations on salary ranges from the Hay Management Group. The City Manager stated that he requested the salary ranges prior to this evening; however, the City has received portions of their report and not that part. The City Manager expects to receive the rest of the report next week and explained that the budget was put together based on the same assumption used in the last several years, with a range of 0-5% with 3% budgeted to give raises. He fully ex- pects that Hay Management Group will recommend some changes in salary ranges that will need to be made and the City will need some money for implementation. The City Manager expects to make some adjustments in the proposed budget to accommodate for those changes. Mayor Alperin asked if there is a date set to discuss the City Attorney and the City Manager's salary raises? The City Attorney stated that both contracts call for a review of perfor- -22- 07/23/96 mance sometime in August. Mayor Alperin gave direction for each Commissioner to schedule an appointment with the City Manager and the City Attorney for an evaluation within the month of August to make recommendations. There being no further business, Mayor Alperin declared the meeting adjourned at 8:25 P.M. 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 23, 1996 which minutes were formally approved and adopted by the City Commission on ~_~j~/_~z~ ~ /9~ NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. -23- 07/23/96