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08-06-96 AUGUST 6, 1996 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jay Alperin in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, August 6, 1996. 1. Roll call showed: Present - Commissioner Kevin Egan Commissioner Ken Ellingsworth Commissioner Karen Kiselewski Commissioner David Randolph Mayor Jay Alperin Absent - None Also present were - Acting City Manager Robert A. Barcinski and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Nell Hickem, First Baptist Church of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda ADproval. Mayor Alperin stated that staff has requested Item 8.M., REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS, be moved to follow Item 9.A. on the regular agenda. He noted the clarification of the funding source for Item 8.N.1. (i.e. pay- ments to be funded from debt service via transfer from departmen- tal maintenance accounts). Mayor Alperin further stated that Item 8.N.3. has been removed from the agenda by staff and will be brought back on August 20, 1996. 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. Elling- sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Mayor Alperin questioned the reference to "and light- ing'' on page 15, paragraph 1, of the minutes of July 23, 1996, with respect to the newsrack ordinance. Assistant City Attorney Tolces stated that to the best of his recollection, lighting was not mentioned and the reference is probably an error. Staff will clarify via the tape recording, but in the meantime the phrase should be deleted. Mr. Egan moved to approve the Minutes of the Regular Meeting of July 23, 1996, as amended, 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. 6. Proclamations: 6.A. Recognizing and commending Eric Feld, Houston Park and Frank Richter, Ocean Rescue Team members, for their performance at the Clin-Con 1996 International Basic Life Support Competi- tion. Mayor Alperin read and presented proclamations recog- nizing and commending Eric Feld, Houston Park and Frank Richter for their performance at the Clin-Con 1996 International Basic Life Support Competition. Eric Feld, Houston Park and Frank Richter came forward to accept their individual proclamations. 7. Presentations: Mayor Alperin noted that the Coca Cola Bottling Company has presented a plaque recognizing the City of Delray Beach as a host city for the 1996 Olympic Torch Relay. This plaque will be displayed in City Hall. 8. CONSENT AGENDA: 8.A. FINAL PLAT APPROVAL/SEA AIRE ESTATES: Approve the final plat for Sea Aire Estates, a proposed seven lot single family subdivision, based on a finding that it is necessary and appropriate to create non-conforming lots due to the configura- tion of the property and the reduced density. The subject prop- erty is located on the east side of South Ocean Boulevard, ap- proximately 200 feet north of Linton Boulevard. 8.B. FINAL PLAT APPROVAL/DELRAY BEACH MEMORIAL GARDENS PLAT NO. 2: Approve the final plat for Delray Beach Memorial Gardens Plat No. 2 (Blocks 18-31, excluding Block 20, of the municipal cemetery). 8.C. ADDENDUM II TO CONCEPTUAL APPROVAL AGREEMENT FOR DELRAY OAKS: Approve Addendum II to the Conceptual Approval Agreement for Delray Oaks (Ecosite 67) located on the west side of Congress Avenue at S.W. 29th Street, extending the agreement to December 10, 1996. 8.D. GRANT AWARD AGREEMENT AND GRANT AWARD CALCULATION FOR DELRAY OAKS: Approve the Grant Award Agreement and Grant Award Calculation for Delray Oaks (Ecosite 67) between the Florida Communities Trust (FCT) and the City and County as joint appli- cants. -2- 8/06/96 8.E. AUTHORIZATION TO PROCEED/MONITORING STUDY OF THE BEACH NOURISHMENT PROJECT: Authorize Coastal Planning & Engineering, Inc. to proceed with the four-year environmental monitoring of the beach nourishment project at a cost not to exceed $31,069; with funding from the Beach Restoration Fund. The entire cost will be reimbursed from federal, state and county appropriations. 8.F. TEMPORARY USE AGREEMENTS/PARKING FOR TENNIS STADIUM EVENTS: Approve temporary use agreements with Cason United Methodist Church and Greater Mount Olive Missionary Baptist Church for parking needed in conjunction with events at the Municipal Tennis Stadium. 8.G. AGREEMENT FOR LOBBYING SERVICES/KATHLEEN E. DALEY: Approve an agreement for consultant/lobbying services between the City and Kathleen E. Daley for the period October 1, 1996 through September 30, 1997. 8.H. EXTENSION OF BANKING SERVICES AGREEMENT WITH BARNETT BANK OF PALM BEACH COUNTY: Approve an extension of the banking services agreement with Barnett Bank of Palm Beach County at present pricing, through September 30, 1998, with an option to renew the contract up to two additional 12 month periods, with pricing reviewed prior to each option period. 8.I. RESOLUTION NO. 60-96: Adopt a resolution requesting a pro-rata share of the County Emergency Medical Service Surcharge Award Program funds and authorizing the Mayor to execute all documents necessary to the request. The caption of Resolution No. 60-96 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING A PRO-RATA SHARE OF THE COUNTY EMERGENCY MEDI- CAL SERVICE SURCHARGE AWARD PROGRAM FUNDS. (Copy of Resolution No. 60-96 is on file in the offi- cial Resolution Book) 8.J. RESOLUTION NO. 62-96: Adopt a resolution authorizing the City Manager to apply for funding through the 1996 Urban and Community Forestry Grant Program, and enter into a Grant Memoran- dum of Agreement with the Florida Department of Agriculture and Consumer Services for the purpose of establishing a comprehensive tree care program in the City. The caption of Resolution No. 62-96 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREE- MENT WITH THE STATE OF FLORIDA, DEPARTMENT OF -3- 8/06/96 AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 62-96 is on file in the offi- cial Resolution Book) 8.K. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD BUDGET AND RATES: Ratify SCRWTD Board action of July 18, 1996, accepting the 1996/97 Operations and Maintenance Budget, and establishing the user rate to cities for 1996/97. 8.L. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify various actions taken by the SCRWTD Board at its meeting of July 18, 1996. 8.M. THIS ITEM WAS MOVED TO THE REGULAR AGENDA. 8.N. AWARD OF BIDS AND CONTRACTS: 1. Five year lease purchase from Midrange Support & Service, Inc. for City Hall AS/400 disk upgrade ($60,521.00) and Police Department AS/400 disk upgrade ($26,595.00), for a total cost of $87,116.00, with financing as follows: $31,750 down payment from 334-6112-519-64.11, and monthly payments in the amount of $1,421.96, including maintenance, over the 60 month lease period to be funded from debt service via transfer from depart- mental maintenance accounts. 2. Bid award to Florida Golf Renovation, Inc. for renovation of two fields at Miller park; Miller Field #5 and Little Fenway, in the amount of $11,635 from 001-4121-572-46.90. 3. THIS ITEM WAS REMOVED FROM THE AGENDA. 4. Bid award to O'Connor & Taylor, Inc. for construc- tion of the Ocean Rescue Headquarters located at Anchor Park, in the amount of $317,853 from 334-4170-572-63.44. 5. Bid award via Metro Dade contract to Lanzo Lining Systems, Inc. for sewer rehabilitation in various areas throughout the City, in the total amount of $200,000 from 442-5178- 536-61.84. 6. Purchase award through State Contract from Maroone Chevrolet for a '97 Chevy S-10 vehicle for Envi- ronmental Services, in the amount of $12,001 from 441-5142-536- 64.20. -4- 8/06/96 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. CITY HALL ENVELOPE PROJECT: Consider ratification of the Site Plan Review and Appearance Board's action concerning the City Hall Envelope Project. Jose Aquila, Construction Manager, stated that the City Hall envelope project was reviewed by the Site Plan Review and Appearance Board on July 31, 1996. The main purpose of the review was to establish the building's color palette. Two schemes were reviewed; one basically reuses the existing colors and the second one is two tones of yellow, with white trim and green accents. SPRAB selected the yellow scheme and requested that the architect make the colors slightly darker to allow for the natural fading of the paint. Also at the meeting, there was considerable discussion regarding the perforated storm panels which are being considered. Originally, the intent was to use built-in, roll-down storm shutters which could be motorized. The cost of these shutters, not including maintenance, is estimated at $250,000.00. Since the process was started, however, staff discovered a product called "storm shield" which remains in place once installed. Mr. Aguila presented a sample of the "storm shield" product to the Commission members. By using this product, there will be a cost savings of approximately $120,000 to $150,000 for the City Hall envelope project. SPRAB did vote to approve the storm panels, but had reservations about the impact on the appearance of City Hall. Mr. Aguila explained that he agreed to provide SPRAB with more information on the product so they would become more famil- iar with it, and hopefully more comfortable. He is comfortable the perforated storm panels will not negatively impact the appearance of the building. Lastly, Mr. Aguila explained that while the north wing of City Hall is not included in the actual envelope project, it is going to be painted. Staff had intended to paint it with only one of the two yellow tones and rework only the four east-facing windows. The Site Plan Review and Appearance Board felt that both tones should be used and all windows included, and attached a condition that the north wing be painted (2 tone w/score line) within 24 months. Mr. Aguila felt that if the Commission wanted to do this, it should be included in the project now instead of two years down the road. He estimated the cost to be an addi- tional $10-15,000 if included now. After discussion, it was the consensus of the Commis- sion as follows: Accept the colors approved by the Site Plan -5- 8/06/96 Review and Appearance Board (two tones of yellow, with white trim and green accents); proceed with using the perforated storm panels; and that the north wing be painted as recommended by the Site Plan Review and Appearance Board. 8.M. 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 22 to August 2, 1996. Mr. Randolph moved to receive and file the report, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kise- lewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.B. INTERLOCAL AGREEMENT WITH SCHOOL BOARD/SEACREST PROPER- TY: Reconsider the Interlocal Agreement with the School Board of Palm Beach County regarding the Seacrest property, and options presented by School Board staff. Acting City Manager Robert Barcinski summarized as follows: On July 9, 1996, the City Commission directed staff to request that the School Board eliminate paragraph (I) relating to some language in terms of conditions on funding for Phase II of the project. The School Board reviewed that and talked to their staff in terms of trying to get some of the language removed or develop some compromise with the City that both parties could agree and try to move forward with the project. There are three options being presented this evening for consideration, short of removing the entire paragraph. Option 1 is to have a portion of the property revert back to the City in the event Phase II is not begun in the specified time frame. Option 2 is a revision to the language in paragraph (I). Option 3 outlines the investment in Phase I that impacts and is part of Phase II and involves no changes to the Agreement approved by the School Board on July 9, 1996. Mr. Barcinski reported that the Education Board reviewed this item at its meeting of August 7, 1996 and recommended that options 1 and 2 be pursued for inclusion in the final agreement. Carole Shetler, Principal of Atlantic High School, expressed her appreciation to the City Commission for all of the support that has been given to Atlantic High School over the years. She urged the Commission not to give up on this project or reaching an acceptable agreement. It was Delray Beach which took the initiative to get this project started. It is important to the students at Atlantic High School as well as to the commu- nity as a whole. Rich McGloin, representing the Seacrest Property Home- owners Association and member of the Seacrest Property Task Force, was in favor of the project and urged the Commission to proceed with it. The project means a great deal to the neighbor- hood and Atlantic High School is part of the community. It is -6- 8/06/96 Delray Beach's high school and needs the City's support. Mr. McGloin expressed his disappointment with the School Board, but hoped that the City Commission would not let its actions affect what is best for the community. Jan Hanson, representing the Palm Beach County School Board, stated that even though the School Board does not have the funding to commit to Phase II at the present time, they have designed a well integrated project. A lot of the investments in Phase I will inure to the benefit of Phase II. He expressed his optimism that the City and the School Board could continue to work in a spirit of cooperation toward the completion of this project. Mayor Alperin stated that when this project first came up, the City went to the School Board and asked them to buy the land and build the building. They said no. The City then proposed to help by putting up some money. It wasn't enough for the School Board. So then the City went to the County and secured a funding commitment from the County to help out. It still wasn't enough. Then the City found a private foundation to contribute more money. It still wasn't enough for the School Board. Then the City offered to purchase the property and demolish the existing buildings. The project was split into two parts just to get it started, and still not enough for the School Board. Even when the City thought we had an agreement that was acceptable, it was pulled off the School Board's agenda. Without any finalized assurance, the City went ahead and purchased the property in good faith that we could come up with something which would be acceptable to both parties. Mayor Alperin felt that the School Board was using this paragraph as a way out of their commitment to build the gymnasium three years after the first part is done. He felt that as long as this "weasel" paragraph remains, the School Board has an easy way out. He continued that he was under the impression that there were enough votes on the School Board that they would have considered dropping the paragraph at their last meeting. But the School Board never got the chance to vote on it because their staff told them there were other options to be looked at. He expressed his very strong disappointment over the lack of action and commitment on the School Board's part, noting that their failure to drop the paragraph was indicative of their inability to make an intelligent business decision. Mayor Alperin emphasized that Atlantic High School deserves improvements and brought attention to the fact that other schools are being built and other schools are receiving improvements. He asked why, when the City contributes toward a good part of the project, we still can't get what we deserve? Mayor Alperin also voiced his disappointment with other agreements with the School Board. He cited for example, that the entrance into Spady Elementary School from Lake Ida Road was supposed to improve the image of the school; however, the School -7- 8/06/96 Board placed eight portable structures on the site and now the school is not visible from Lake Ida Road. Portables were sup- posed to have been removed from Pine Grove Elementary, instead portables were added. They added alternative schools at the Delray Full Service Center which was not part of the original agreement. He felt the School Board has proved itself over and over again that they cannot be trusted. The City wants a full faith effort on their part. If something goes wrong in the future, then we will take of it. The City plans to succeed with this project whereas the School Board, by placing a phrase into an agreement that it might not succeed unless there is sufficient funding is already a statement of failure. Mr. Egan concurred with comments voiced by Mayor Alperin and felt that the School Board is going to do whatever they want to do. He felt that an important point is being missed, and that is the consideration of the students. It is not the students, teachers, staff or parents' fault that the School Board cannot act responsibly. The students are in the middle and they are not getting any improvements. He emphasized that the City needs to be positive and move forward. The City has over- come a lot of obstacles, and for the benefit of the children, we should move forward with this project. Mr. Egan moved to approve the Interlocal Agreement with the School Board with the combination of Options 1 and 2, second- ed by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Alperin - No; Ms. Kiselewski Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - No. Said motion passed with a 3 to 2 vote. Prior to roll call, Mr. Ellingsworth stated that the Commission appreciates the frustration voiced by Mayor Alperin and the amount of monies spent on this project; however, it is the students who will be hurt and not the School Board. Mr. Randolph noted that Mayor Alperin had inadvertently forgotten to mention that the new Carver Middle School on Barwick and Atlantic Avenue has portable structures which adversely affects the appearance of that property. He felt that the School Board does not care for South County, and in particular, the schools in Delray Beach. Ms. Kiselewski stated that she too felt the project should move forward and perhaps there is a chance the School Board will reconsider deleting Paragraph I of the agreement. For clarification purposes, Mr. Hansen explained the reason why the School Board had pulled the item for its agenda was due to the fact that it was only a discussion item; and, the School Board could not take action because the item had not been advertised. 8 8/06/96 9.C. FY 1996/97 GOLF RATES/MUNICIPAL GOLF COURSE: Consider approval of the proposed golf rates for FY 1996/97 for the Munic- ipal Golf Course. Acting City Manager Robert Barcinski stated that City staff concurs with the Golf Course management firm's recommenda- tion for the rates as proposed. Mr. Randolph moved to approve the proposed maximum golf rates for FY 1996/97 as recommended by staff, 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. 9.D. FY 1996/97 GOLF RATES/LAKEVIEW GOLF COURSE: Consider approval of the proposed golf rates for FY 1996/97 for the Lakeview Golf Course. Mr. Ellingsworth moved to approve the proposed maximum rates for FY 1996/97 as recommended by staff, 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. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 27-96: An ordinance amending the City Code by repealing Section 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 mainte- nance of newsracks; and repealing LDR Section 6.3.3, "Movable Fixtures within the Right-of-Way". 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 Acting 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, "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 OP NEWSRACKS; PROVIDING A GENERAL 9 8/06/96 REPEALER CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 27-96 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 noted there is a change in the definition of "downtown area"; and, that the definition of the boundary changed should read as follows: "S.W./S.E. 2nd Street on the south". Assistant City Attorney David Tolces stated that the proposed ordinance has been revised to incorporate several chang- es which were discussed at the Regular Meeting of July 23, 1996. Mayor Alperin declared the public hearing opened. There being no one who wished to address the Commission on this issue, the public hearing was closed. Mr. Randolph moved to adopt Ordinance No. 27-96 on Second and FINAL Reading, 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. 10.A.1. MEMORANDUM OF UNDERSTANDING/ELIMINATION OF NEWSRACK LOCATIONS: Consider approval of the Memorandum of Understanding which provides for the elimination of newsracks at certain loca- tions. Prior to consideration of passage of this issue a public hearing has been scheduled to be held at this time. Mr. Egan moved to approve the Memorandum of Understand- ing/Elimination of Newsrack Locations, 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. 11. Comments and Inquiries on Non-Aqenda Items from the Public - Immediately followinq Public Hearinqs. 11.A. The City Manager's response to prior public comments and inquiries. In response to a concern expressed by Willie Ports regarding the issue of cracks in the concrete at the Pompey Park Pool, as well as a problem with the diving board, Acting City Manager Robert Barcinski stated that these issues have been checked by City staff. These cracks are the result of the concrete settling and are not due to any structural problem. -10- 8/06/96 Presently, staff is checking on several options, including potential costs, to correct the situation. With respect to the diving platform, Mr. Barcinski reported there is a visible crack in the concrete and staff is working with the contractor so that the problem can be immediately rectified. Mr. Barcinski stated that he did not have a response to an inquiry regarding telephones located at the beach. This issue will be addressed at the next regular meeting. ll.B. From the Public. 11.B.1. Lillian Feldman, 2550 Juniper Drive, stated that sometimes it is difficult for the audience to hear everything being said on the dais. She asked the Commission members to please speak directly into their microphones at all times. 11.B.2. Gerald DeFoe, President of the Progressive Residents of Delray (PROD), expressed his appreciation to the Commission for approving the Newsrack Ordinance which was on the Public Hearing portion of the agenda. Although this ordinance may not please everyone, he felt it is a step forward in the right direction. Mr. DeFoe noted that PROD will continue to work with the City in this regard. Secondly, Mr. DeFoe concurred with comments voiced by Mayor Alperin with respect to the Interlocal Agreement with the School Board regarding the Seacrest property. Lastly, Mr. DeFoe complained about the condition of the portable structures at Carver Middle School. Since these struc- tures front West Atlantic Avenue, he felt it was important that they be maintained, including paint and landscaping. 11.B.3. Kristy Verzaal, resident of Delray Oaks, expressed concern about the extension of sidewalks along S.W. 29th Street. At the present time there is no existing sidewalk from the Sable Pines development to Congress Avenue and it has become very dangerous for anyone walking in this area. It is particularly dangerous for children walking to/from the new Orchard View Elementary School, which is located within two miles. Traffic in this will be only be increased in the near future because Palm Tran plans to have bus routes in this area. Ms. Verzaal pointed out that the police use radar along Germantown Road; thus, drivers are avoiding Germantown Road to get to the new 1-95 Interchange on Congress Avenue. Ms. Verzaal stated that she had sent a letter with respect to this issue to former Mayor Tom Lynch and that his response was that the sidewalk extension was to have been included in last year's budget. Mr. Barcinski explained that the sidewalk extension is included in the CIP budget for FY 1996/97. Also, that a response to her inquiry is being prepared and will be sent to Ms. Verzaal in the near future. -11- 8/06/96 12. FIRST READINGS: 12.A. ORDINANCE NO. 29-96: An ordinance repealing Section 101.01, "Charges for Use of Tennis Center", of the City Code and enacting a new Section 101.01 to provide that the rates and charges for use of the tennis center shall be established by the City Commission on an annual basis. If passed, public hearing August 20, 1996. The Acting City Manager presented Ordinance No. 29-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "PARKS, BEACHES AND RECREATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY REPEALING SECTION 101.01, "CHARGES FOR USE OF TENNIS CENTER", IN ITS ENTIRETY, AND ENACTING A NEW SECTION 101.01, "CHARGES FOR USE OF TENNIS CENTER", TO PRO- VIDE THAT THE RATES AND CHARGES SHALL BE ESTABLISHED BY THE CITY COMMISSION ON AN ANNUAL BASIS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 29-96 is on file in the official Ordinance Book) The Acting City Manager explained that currently the Tennis Center rates are contained within the Code of Ordinances. Staff felt it would preferable to treat the Tennis Center the same as the golf courses. By removing the rates out of the Code of Ordinances, the Commission will have the flexibility to review and establish the rates on a annual basis. If this ordinance is approved on First Reading, the proposed rates for the Tennis Center for FY 1996/97 will be scheduled for Commission considera- tion for second and final reading on August 20, 1996. Mr. Ellingsworth moved to approve Ordinance No. 29-96 on FIRST 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 passed with a 5 to 0 vote. At this point, the Commission returned to Item 9.E. on the Regular Agenda. 9.E. SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREE- MENT WITH BROWNING-FERRIS INDUSTRIES OF FLORIDA, INC.: Consider approval of the solid waste and recycling collection franchise agreement between the City and Browning-Ferris Industries for the period October 1, 1996 through September 30, 2001. -12- 8/06/96 Mayor Alperin commented that on page 14 of the agree- ment, section 12.10, 2nd paragraph, line two reads: "The Con- tractor may also add its name ...". He suggested that the word "may" be changed to "shall" for the sake of consistency with other aspects of the agreement. The representative from Brown- ing-Ferris Industries indicated that this change would be accept- able. With respect to item 2. of Assistant City Attorney Shutt's July 31, 1996, memorandum outlining the essential terms of the agreement (i.e. BFI shall provide free garbage pickup for City special events up to $10,000.00), Mr. Egan asked how this compares to the current contract with Waste Management? In discussing this point, the general consensus among staff and Commission members was that there is no specified dollar amount in the Waste Management contract. Garbage pickup for special events was provided free of charge by Waste Manage- ment. Mr. Egan expressed concern that the $10,000.00 will be adequate to cover the costs involved. Every year the City has more and more special events, and as they continue to grow he is aware of the additional work and expense this translates to for the City. He questioned how far the $10,000 would go; how many special events does that amount cover? In response, Mr. Shutt stated he did not know how much one special event would cost. However, in preparation for the bid, the Finance Director (Mr. Safford) did a study about how many dollars it would cost to fund these events and proceeded to include this dollar amount in the bid specifications. Mr. Safford was satisfied that $10,000.00 is a reasonable figure. Mr. Egan cautioned that he would not want to see the question of garbage collection at special events become an issue in the future because a certain dollar amount was exceeded, especially if Waste Management previously provided the service at no charge. With respect to bulk pickup and vegetative waste, Ms. Kiselewski noted this service will be provided once a week. If a resident desires a more frequent pickup, that can be negotiated by paying an extra charge to BFI. Ms. Kiselewski clarified, however, that in the event something is not picked up on a regular collection day and the resident calls in to have it picked up, that would not result in an extra charge for being called back out. With respect to portable sanitation services, Mr. Randolph asked if there will be a special charge or will it be a service provided free of charge? Also, will this particular type of pickup fall under the $10,000 special events budget? -13- s/06/96 Based on information from the BFI representative, Mr. Shutt responded that this charge would be included within the $10,000.00. Mr. Randolph concurred with Mr. Egan in questioning the $10,000.00 figure as being adequate and suggested that staff verify the dollar amounts involved. With the Delray Affair and all of the other special events the City participates in, he felt we should be sure $10,000.00 will be enough. Mr. Egan moved to approve the Solid Waste and Recycling Collection Franchise Agreement between the City and Browning-Fer- ris Industries of Florida, Inc., as amended; 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. 9.F. AGREEMENT BETWEEN PALM ACTS AND CHARISMA ENTERTAINMENT GROUP: Consider approval of the agreement between Palm Acts, Inc. and Charisma Entertainment Group, Inc. The City Attorney stated that the actual request is to permit the sublicense agreement between Palm Acts and Charisma Entertainment Group. She noted that the agreement before the Commission references the City's previous agreement with Palm Acts dated December 14, 1994. She spoke with the attorney for Palm Acts and this date will be changed to coincide with the substitute agreement between the City and Palm Acts which was approved on July 23, 1996. Brahm Dubin stated that he had reviewed the sublicense agreement and his management team (Dubin & Associates) fully supports it. Mayor Alperin stated that Willie Ports, Jr. has made several inquiries regarding the possibility of promoting or holding a concert at the tennis stadium. For the purpose of clarification, Mayor Alperin read into the record paragraph 8. of the sublicense agreement, to-wit: "Charisma shall have the exclusive right to hire artists for events promoted by PALM pursuant to PALM's Agreement, and any amendments thereto, with the City." Therefore, by contractual arrangement, the City cannot grant permission for anyone to hold an entertainment event at the tennis stadium. The request must be referred to Palm Acts which, in turn, will refer the request to Charisma for considera- tion. Ms. Kiselewski moved to permit the sublicense agreement between Palm Acts and Charisma Entertainment Group, with the date correction referenced by the City Attorney; 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. -14- 8/06/96 9.~. REQUEST FOR EXTENSION OF CONDITIONAL USE AND SITE PLAN APPROVAL/KEYSTONE CREATIONS= Consider a request to extend the conditional use and site plan approval for Keystone Creations, located on the east side of N.W. 18th Street, north of Don Fran- cisco's Way. QUASI-JUDICIAL PROCEEDING 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 City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Planning Director, entered the project files into the record. She explained that the subject property was annexed into the City in 1962. The previous use on the site was a roofing company. It was purchased by Keystone Creations in 1989 at which time the property was zoned MI (Medium Industrial). At that time, stone cutting was a permitted use but the applicant was informed that he needed to go through site plan approval to establish the use. He requested and was given administrative permission to begin operation with the understanding that he would be proceeding through the site plan process. In 1990, with the City-wide rezonings in conjunction with the adoption of the Comprehensive Plan and the Land Development Regulations, the subject property was zoned MIC (Mixed Industrial and Commercial) and stone cutting operations were listed as a conditional use. It wasn't until 1993 that the Planning Department received an application for site plan approval to bring the property into compliance and the applicant was informed at that time that conditional use approval would also be required. The applicant eventually went through both the site plan and conditional use processes and received City Commission approval of the condition- al use on September 23, 1993, subject to conditions. The Site Plan Review and Appearance Board granted site plan approval on March 9, 1994. In February of 1995, the City Commission granted an 18 month extension, subject to conditions, which expires in August, 1996. The conditions involved certain time frames which were to have been met with respect to plat approval, building permits, and commencement of construction. Some of the condi- tions have been met, but the condition regarding construction has not been met. Ms. Dominguez continued that the current proposal is to complete the rear building and do the perimeter landscaping and parking as Phase I, with the remaining improvements that were included on the site plan to be completed as a Phase II. Staff is aware that the Commission has concerns about granting another extension. However, staff is encouraged that some progress has been made and recommends that the Commission consider granting another extension for an additional four (4) months, subject to the following conditions: (1) That the applicant process a non-impacting site plan modification indicating Phase 1 and 2 -15- 8/o /96 improvements by no later than August 21, 1996; (2) That all the perimeter landscaping and buffers be installed pursuant to the approved site plan as part of the Phase 1 improvements; (3) That the project be brought back to the Commission for a progress report in two months with the understanding that if Phase 1 improvements are not substantially completed, the conditional use and site plan approvals will become null and void and that the Commission may consider possible legal options with respect to the continuation of this use on the property; and (4) That the applicant obtain a certificate of occupancy for all of Phase 1 improvements by no later than December 6, 1996. Bruce Kaleita, Attorney representing Keystone Crea- tions, explained to the Commission the reasons for the delay in the construction of the buildings and improvements on the proper- ty, with the primary reason being that the applicant did not have the necessary funds to build a public sewer line to the property. In checking on this, Mr. Kaleita informed the property owner that State law did not require him to build the sewer line and in April, 1996, the HRS exempted this property from having to connect to sewer on the grounds that it was not the type of use which would be required to connect. Since that time, the appli- cant has moved along and has commenced construction on the building at the rear of the site. It is expected that within 30 to 45 days the roof will be constructed which will help to address the concerns that the saws used in the stone cutting operation will be inside of a building. There being no one else who wished to give testimony on the matter, the proceeding moved to the City Commission. On question from Commissioner Kiselewski, Mr. Kaleita clarified that the perimeter landscaping, the wall, the footers for the building at the rear of the site (and perhaps part of the walls for this building) are expected to be complete by August 21, 1996. Discussion by the Commission followed. Mayor Alperin expressed his general concern about the conditional use approval process. If there is no mechanism in place to ensure that conditions of approval are met when they are supposed to be and enforced if they are not, then there is no real purpose for conditional uses. In response, Ms. Dominguez noted that what happened in this particular case, and what staff needs to be very careful about in the future, is allowing people to establish uses as they are coming through a process. Apparently what happened with this project is that someone asked for a concession to get the use up and running with a promise that appropriate approvals would be pursued. That was not diligently pursued, the process was subsequently changed, and some control was lost. -16- 8/06/96 After further discussion, Mr. Egan moved to approve the extension of the conditional use and site plan approval for Keystone Creations for an additional four (4) months, subject to the conditions of approval enumerated by the Planning Director; seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - No; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 1 vote. 9.~. BID AWARD/MATRIX MEDICAL INC.: Consider approval of a bid award in the total amount of $12,022.50 to Matrix Medical, Inc., second low bidder, for seven oxygen powered automatic transport ventilators for the Fire Department, with funding for six units from 001-2315-526-64.90 and one unit from 001-2313- 522-64.90. Acting City Manager Robert Barcinski stated that the recommendation is to go with the second low bidder because they offer a disposable patient circuit which protects the patient and Fire Department personnel from cross contamination. In discussing the bid, Mayor Alperin clarified that the request is to award the bid to the lowest responsible bidder. The low bid was not valid, so Matrix Medical, described as the second low bidder, is actually the lowest responsive responsible bidder. Mr. Ellingsworth moved to approve the bid award in the amount of $12,022.50 to Matrix Medical, Inc. as the lowest responsive responsible bidder, 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. Elling- sworth - Yes. Said motion passed with a 5 to 0 vote. 9.I. BID AWARD/DAKOTA CONSTRUCTION, INC.: Consider approval of a bid award in the amount of $10,503.03 to Dakota Construc- tion, Inc., second low bidder, for the repair of eight lifeguard towers at the municipal beach, with funding from 001-4123-572- 46.90. Mr. Barcinski stated that the bid award is for the repair of eight lifeguard towers at the municipal beach. Staff recommends award to the second low bidder, Dakota Construction, Inc., as the lowest responsible bidder. The low bidder did not meet the required warranty specifications for brackets and hardware. Mr. Egan moved to approve the bid award to Dakota Construction, Inc. in the amount of $10,503.03, seconded by Mr. Ellingsworth. 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. -17- 8/06/96 9.J. DIRECTION CONCERNING CITY LOGO: Provide direction as to which version should be the official City logo. Mr. Barcinski explained that there are two versions of the City's logo currently being used. One has a palm tree and the other does not. The version with the palm tree is used by the Police Department. The version without the tree is what appears on alot of the City's signs as well as City vehicles. The City Manager is looking to have the logo registered to protect it from misuse and would like direction on which version should be the official logo. He noted that the logo without the tree would be less costly since fewer colors would be needed. Mr. Egan noted there would be a substantial cost involved to change everything over to add the tree. Since the majority of City departments are using the logo without the tree, it was his professional opinion that it would be far more practi- cal and considerably less expensive to adopt that version. The Police Department could phase out the use of the logo with the tree over a period of time. Mr. Ellingsworth moved to adopt the logo without the tree as the official City logo, seconded by Ms. Kiselewski. 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. 9.K. APPOINTMENTS TO TEE PLANNING AND ZONING BOARD: Appoint four members to the Planning and Zoning Board for two year terms ending August 31, 1998. The appointments will be made by Commis- sioners Egan, Ellingsworth and Randolph, and Mayor Alperin. Mr. Egan moved to reappoint N. Willard Schwartz to the Planning and Zoning Board for a two year term ending August 31, 1998, 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. Mr. Ellingsworth moved to reappoint Gary Eliopoulos to the Planning and Zoning Board for a two year term ending August 31, 1998, 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. Mr. Randolph moved to reappoint Fred Bonardi to the Planning and Zoning Board for a two year term ending August 31, 1998, seconded by Ms. Kiselewski. Mayor Alperin voiced his objection to Mr. Bonardi's reappointment based on his inconsistent attendance at board meetings. -18- 8/06/96 Mr. Randolph withdrew his motion. Ms. Kiselewski withdrew her second. Mr. Randolph moved to appoint Alberta McCarthy to the Planning and Zoning Board for a two year term ending August 31, 1998, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Elling- sworth - Yes. Said motion passed with a 5 to 0 vote. Mayor Alperin stated that he wished to reappoint Louis J. Carbone to the Planning and Zoning Board for a two year term ending August 31, 1998. Ms. Kiselewski so moved, seconded by Mr. Egan. 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.L. APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint four members to the Site Plan Review and Appear- ance Board for two year terms ending August 31, 1998. The ap- pointments will be made by Commissioner Randolph (layperson), Mayor Alperin {layperson), Commissioner Kiselewski (architect), and Commissioner Egan (landscape architect). Mr. Randolph requested that his appointment be deferred to the regular meeting of August 20, 1996. Mayor Alperin stated that he wished to reappoint Patty M. Andrews to the Site Plan Review and Appearance Board (layper- son) for a two year term ending August 31, 1998. Mr. Elling- sworth so moved, 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. Ms. Kiselewski moved to appoint Thuy Shutt to the Site Plan Review and Appearance Board (architect position) for a two year term ending August 31, 1998, seconded by Mr. Ellingsworth. 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. Mr. Egan moved to reappoint Daniel Carter to the Site Plan Review and Appearance Board (landscape architect position) for a two year term ending August 31, 1998, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 9.M. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint four members to the Historic Preservation Board for two year terms ending August 31, 1998. The appointments will be made by Commissioners Kiselewski, Egan, Ellingsworth and Randolph. -19- 8/06/96 Ms. Kiselewski moved to reappoint Susan Hurlburt to the Historic Preservation Board for a two year term ending August 31, 1998, 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. Mr. Egan moved to reappoint Vera Farrington to the Historic Preservation Board for a two year term ending August 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. Mr. Ellingsworth moved to appoint Betty Diggans to the Historic Preservation Board for a two year term ending August 31, 1998, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. Mr. Randolph moved to reappoint John P. Johnson to the Historic Preservation Board for a two year term ending August 31, 1998, 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. 9.N. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint three regular members to the Board of Adjustment for two year terms ending August 31, 1998. The appointments will be made by Mayor Alperin, Commissioner Kiselewski and Commissioner Egan. Mayor Alperin stated that he wished to reappoint C. Lee Wilder, Jr. as a regular member to the Board of Adjustment for a two year term ending August 31, 1998. Mr. Ellingsworth so moved, 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. Ms. Kiselewski moved to appoint Janet Baron as a regular member to the Board of Adjustment for a two year term ending August 31, 1998, 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. Mr. Egan moved to reappoint John Baccari as a regular member to the Board of Adjustment for a two year term ending August 31, 1998, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselews- ki - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. -20- 8/06/96 9.0. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint five members to the Board of Construction Appeals for two year terms ending August 31, 1998, as follows: General contrac- tor (Mayor Alperin), master electrician (Commissioner Kiselews- ki), air conditioning contractor (Commissioner Egan), real estate broker/insurance agent (Commissioner Ellingsworth), and engineer (Commissioner Randolph). Mayor Alperin stated that he wished to reappoint Daniel T. Davis (general contractor) to the Board of Construction Appeals for a two year term ending August 31, 1998. Ms. Kise- lewski so moved, 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. Ms. Kiselewski moved to appoint Michael Lang (master electrician) to the Board of Construction Appeals for a two year term ending August 31, 1998, 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. Mr. Egan moved to reappoint Michael Kilbourne (air conditioning contractor) to the Board of Construction Appeals for a two year term ending August 31, 1998, seconded by Mr. Elling- sworth. 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. Mr. Ellingsworth moved to reappoint Murray Gold (real estate/insurance) to the Board of Construction Appeals for a two year term ending August 31, 1998, 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. Mr. Randolph moved to reappoint Joseph Pike (engineer) to the Board of Construction Appeals for a two year term ending August 31, 1998, seconded by Mr. Egan. 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. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manaqer. In response to Mayor Alperin's inquiry regarding the official completion date for the East Atlantic Avenue improve- ments project, Mr. Barcinski stated that the contract date for substantial completion is September 22, 1996, with a final completion date of October 22, 1996. There is a penalty fee, -21- 8/06/96 although Mr. Barcinski was unsure of the exact amount. Mr. Greenwood has advised that at this point, the contractor is moving along on a satisfactory schedule. Barring any unforeseen problems such as the weather, the project should come in on time. 13.B. City Attorney. The City Attorney felt that Mayor Alperin had responded well earlier in the meeting to Mr. Ports' prior comments concern- ing Palm Acts' agreement for concerts at the tennis stadium. The City has an exclusive contract with Palm Acts. Nonetheless, according to our process, Mr. Potts had the right to address the Commission regarding his concerns under the "Comments and Inqui- ries on Non-Agenda Items" portion of the agenda. Secondly, the City Attorney noted that on June 18, 1996, the City Commission denied settlement of a lawsuit involv- ing a drowning (Benson v. City). She reported that the lawsuit has since been voluntarily dismissed. 13.C. City Commission. 13.C.1. Mr. Ellinqsworth had no comments or inquiries. 13.C.2. Mr. Randolph had no comments or inquiries. 13.C.2. Mr. Eqan had no comments or inquiries. 13.C.3. Ms. Kiselewski asked if the Commission had received all of the FY 1996/97 budget? Mr. Barcinski stated that he did not think the Commis- sion had yet received the Capital Improvement Plan (CIP) or the water and sewer budgets. 13.C.4. Mayor Alperin inquired as to the status of the Hay Management Group report? He has not seen a draft or copy of the report on salary ranges and is particularly interested in this with respect to the ocean lifeguards. The budget is under review and Mayor Alperin felt it imperative to get the report as soon as possible. Mayor Alperin asked that evaluation forms for the City Manager and the City Attorney be provided to the Commission as soon as possible. He urged Commission members to set up individ- ual appointments with the Manager and the City Attorney before the end of August, 1996. Mayor Alperin asked that an update be provided on the Marina Delray SAD to monitor the progress that is being made in meeting the deadlines imposed by the improvement schedule ap- proved on July 23, 1996. -22- 8/06/96 Lastly, Mayor Alperin commented that he had read where the State Division of Retirement has recommended the inclusion of overtime, special assignments and bonuses as part of the retire- ment program. He asked if it is possible or feasible to look into rescheduling regular hours to cover what is currently paid as overtime by programming it into our schedule rather than adding overtime for Police and Fire personnel. He expressed concern that these employees are receiving time and a half or double time for various special events and then this increased pay is being calculated into their pension benefits. Hence, the City is paying twice. There being no further business, Mayor Alperin declared the meeting adjourned at 8:30 p.m. City clerk- / v ATTEST: M Y O R The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission of August 6, 1996, which minutes ware formally approved and adopted by the City Commission on (l'~,~ 2o~ /996 ~ity Cl~k ~ NOTE TO RE~ER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. -23- 8/06/96