08-20-96 AUGUST 20, 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 20, 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 - City Manager David T. Harden and
City Attorney Susan A. Ruby
2. The opening prayer was delivered by Rabbi Samuel
Silver, Temple Sinai.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
4. Agenda Approval.
Mayor Alperin stated that Item 10.B., Sale of Two
City-Owned Properties Under The Renaissance Program should be
removed from the agenda as the contracts are still being reviewed
by the City Attorney.
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 Alperin - Yes. Said motion
passed with a 5 to 0 vote.
5. Approval of Minutes:
Mr. Randolph moved to approve the Minutes of August 6,
1996, seconded by Mr. Egan. Upon roll call the Commission voted
as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph
- Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion
passed with a 5 to 0 vote.
6. Proclamations: None.
7. Presentations: None.
8. CONSENT AGENDA: City Manager recommends approval.
8.A. ADDENDUM NO. 2 TO SERVICE AUTHORIZATION NO. 1/SHEREMETA
ASSOCIATES, INC.: Approve Addendum #2 to Service Authorization
#1 to the contract with Sheremeta Associates for services in
conjunction with the Highland Beach Force Main reconstruction
project, in the amount of $26,983.88 from 442-5178-536-63.92
through budget transfer from 442-5176-536-63.51.
8.B. SETTLEMENT/CITY V. CARY: Approve settlement of the
referenced eminent domain matter as recommended by the City
Attorney.
8.C. RESOLUTION NO. 63-96: Adopt a resolution assessing
costs for abatement action required to remove nuisances on 14
properties throughout the City.
The caption of Resolution No. 63-96 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
CHAPTER 100 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN LAND(S)
LOCATED WITHIN THE CITY OF DELRAY BEACH AND
PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM-
PANY THE NOTICE OF ASSESSMENT; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOM-
PLISH SUCH ABATEMENT AND LEVYING THE COST OF
SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTER-
EST ON ASSESSMENTS; PROVIDING FOR THE RECORD-
ING OF THIS RESOLUTION, AND DECLARING SAID
LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY
FOR UNPAID ASSESSMENTS.
(Copy of Resolution No. 63-96 is on file in the offi-
cial Resolution Book)
8.D. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Historic Preserva-
tion Board during the period August 5 through 16, 1996.
8.E. AWARD OF BIDS AND CONTRACTS:
1. Purchase of 18 submersible lift station pumps
under the City's annual contract with Southeastern
Pumps, in the amount of $42,476 from
442-5178-536-61.83.
2. Award multiple annual contracts through Palm Beach
County Co-op bid, for road construction materials
at an estimated annual cost of $81,811.25 from
various Streets and Construction Divisions.
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3. Bid award to Handex of Florida, Inc. for the
removal of known tanks, exploration for and
removal of unknown tanks, and other miscellaneous
items at the Seacrest property, in the amount of
$23,900 from 334-6111-519-62.19 through budget
transfer from Prior Year Reserves.
4. Bid awards through the Community Development Block
Grant Program; $19,414.50 to Henry Haywood for a
housing rehabilitation project at 221 N.W. 4th
Avenue; $19,372.50 to Intercontinental Construc-
tion for 1411 S.W. 4th Street; $16,878.75 to South
Florida Construction for 336 S.W. 8th Avenue; and
$15,897.00 to Abisset Corporation for 336 S.
Swinton Avenue, from 118-1963-554-49.19.
Mr. Ellingsworth moved to approve the Consent Agenda,
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. SPECIAL EVENT REOUEST/HARVEST FEST: Consider a request
from the Chamber of Commerce for special event approval to
include street closure, sign waiver, staff support, and 50/50
overtime cost split, for the 9th Annual Harvest Fest to be held
on November 16-17, 1996.
Mr. Egan moved to approve the special event request
from the Chamber of Commerce to include street closure, sign
waiver, staff support, and 50/50 overtime cost split, for the 9th
Annual Harvest Fest to be held on November 16-17, 1996, 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. Ellingsworth - Yes. Said motion
passed with a 5 to 0 vote.
9.B. REJECTION OF BID AND AUTHORIZATION TO RE-BID: Consider
rejecting all bids received for the purchase on an ozone genera-
tor and an air preparation unit for Environmental Services
(Public Utilities Maintenance), and authorize staff to revise the
specifications and re-bid the project.
Mr. Egan moved to approve rejection of all bids for the
purchase of an ozone generator and an air preparation unit for
Environmental Services (Public Utilities Maintenance), and
authorize staff to revise the specifications and re-bid the
project, 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.
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9.C. APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE
BOARD: Appoint a member (layperson) to the Site Plan Review and
Appearance Board for a two year term ending August 31, 1998. The
appointment will be made by Commissioner Randolph.
Mr. Randolph moved to reappoint J. Michael Pakradooni
as layperson to the Site Plan Review and Appearance Board for a
two year term ending August 31, 1988, seconded by Mr. Elling-
sworth. 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. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint an
alternate member to the Board of Adjustment to fill an unexpired
term ending August 31, 1997. The appointment will be made by
Commissioner Ellingsworth.
Mr. Ellingsworth moved to appoint Perry DonFrancisco as
an alternate member to the Board of Adjustment to fill an unex-
pired term ending August 31, 1997, 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. THIS ITEM HAS BEEN REMOVED.
9.F. RESOLUTION OF ACCESS ISSUES/CONCEPTUAL CONSIDERATION:
Consider the proposed resolution of the access issues concerning
the Sned/Tate parcels.
The City Attorney stated that there have been discus-
sions for quite some time regarding providing a different access
to properties north of Temple Sinai. Mr. Sned, the current owner
of the property to the north, has proposed a potential resolution
as outlined in his correspondence dated August 15, 1996. Ms.
Ruby requested direction from the Commission as to whether they
would like her office to pursue discussions along the lines
outlined in Mr. Sned's proposal.
After discussion, Mr. Randolph moved to accept the
concept outlined in Mr. Sned's letter, 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.
9.G. FY 1996/97 WATER AND SEWER FUND BUDGET:
Joe Safford, Finance Director, reviewed the proposed 2%
increase in water and sewer rates for fiscal year 1996/97. He
stated that two years ago, the City had a rate increase and froze
the fixed charges and the commodity charge was increased.
Therefore, a person who is a iow user of water had hardly any
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increase of water and the more water a person used, the higher
the increase. Instead of placing a 2% across the board on top of
the fixed fees plus the commodity, the City may want to exchange
it out for increasing some of the commodity at the higher end.
Mr. Safford explained that this is just a preliminary proposal in
putting together the budget.
The City Manager stated that staff has the balance of
the construction of the water reuse system. The City was able to
finance almost half of that through water connection fees.
Mr. Safford stated that the budgets are basically flat
lined as far as the operating departments and the large impact
this year is the Water Reuse Project. On a cash flow basis, it
will take approximately two years to put it all together.
Basically, the City has to come up with $4.7 million, $2 million
of which is coming from the connection fees. Also, Mr. Safford
stated he would like to build a contingency fund in the wa-
ter/sewer operations. Over the past five years, the City has had
a relatively flat line of water consumption which drives the
water sale revenues and drives the sewer service revenues. It
does not necessarily mean because it may be 2% across the board
that the revenues will increase by 2%. Mr. Safford stated that
in this proposed budget he put in a $345,000 contingency based on
a $3.8 million budget. Mr. Safford explained that he had several
items that he wanted to have a contingency reserve fee for.
Currently, the City is looking into automated meter reading
systems and state of the art radio read meters. Supposedly, with
radio read meters, a person can drive a truck down the street
without stopping and read a meter automatically which would be
quite a cost effective system. He reiterated that he wanted to
leave a little bit of contingency incase he wanted to put addi-
tional funds into the Renewal & Replacement or New Capital for a
meter reading system. He stated that Bill Greenwood, Director of
Environmental Services, has a strong program in this year's
budget for changing all the large master meters. In some cases,
some of the meters can register 40-50% higher with a high
flow/low flow type register to record more accurately the water
usage and cut down the water loss between what is coming out of
the water treatment plant versus what the customer is being
billed. There is a water loss ratio and this is one way of
cutting that water loss ratio by measuring all flows going to a
multiple family dwelling complex.
Discussion followed between staff and the Commission.
Regarding the proposed expedited meter reading capabil-
ity, Mr. Randolph asked if anything would have to be done to the
actual meter itself in the alterations. In response, Mr. Safford
stated that the alteration to the meter is on the head of the
meter and you have to change out the register because the regis-
ter has to have the radio read dials. On the radio read you have
a transmitter and on a touch read you have a method of just
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touching the top of a meter. Mr. Safford stated that a touch
read system is rather common.
Mayor Alperin asked if there are many meters behind
houses? In response, Mr. Safford stated that there are many
meters behind houses. In addition, there are meters behind
fences, under trees, behind bushes, and behind locked gates. The
City Manager stated that in the older part of the City there are
a lot of water lines that are in the alleys and the houses are
served in the alleys.
The City Manager explained that in the administration
division there are Other Professional Services budgeted at
$40,870. This is to do three things: 1) update the water
treatment master plan, 2) update the wastewater transmission
plan, and 3) do a competitive assessment of the entire wastewater
operation. Since the master plans are about five or six years
old, the City Manager feels that it would be appropriate to
update the plans. The City would want to do a couple of other
updates and will probably recommend putting in those plans next
year. On page 174 of the Water and Sewer Budget, line item 31-90
($40,870), the City Manager stated it is roughly $10,000 for the
competitive assessment and $15,000 for each of the updates (water
treatment and wastewater transmission). The competitive assess-
ment has been something that several other communities have done
to see how the entire City operates and compare it to some of the
other facilities and communities to see if they can recommend
changes in the operating methods that might enable the City of
Delray to make further savings. On page 188 of the Water and
Sewer Budget, line item 34-90 (Other Contractual Services), the
City Manager stated that there is $19,970 to pay a contractor to
change out 3 and 4 inch meters. The balance of that $82,470 is
for a fire hydrant audit, $57,500 ($25 per hydrant).
Discussion by the Commission ensued.
Mayor Alperin commented on the standardized surveys and
inquired if the City would do this type of survey on its own? In
response, Mr. Safford stated that the Florida League of Cities
does a very indepth survey of utilities. Every City has differ-
ent methodology and different terminology. Mr. Safford stated he
does not have a high degree of reliance in those type of surveys.
He requests other cities to fax him ordinances and from that
point he interprets what the rates are. Mayor Alperin feels
there should be a standardized system for each one of the depart-
ments for area wide surveys as to avoid each City being called to
get their rates.
William Greenwood, Director of Environmental Services,
made a brief presentation to the Commission in which he reviewed
the accomplishments achieved by his department in reducing
operating and administrative costs. Mr. Greenwood felt that the
employee suggestion program was a major factor in this, and he
6 08/20/96
thanked the Commission for their continued support and confi-
dence.
At this point, the Commission moved to the First
Readings portion of the agenda.
12. FIRST READINGS:
12.A. ORDINANCE NO. 30-96: An ordinance amending Chapter 56,
"Stormwater" to delete references to the interim method of
collection, and to provide that Lake Worth Drainage District
(LWDD) exempt properties are identified through LWDD boundary
maps. If passed, public hearing September 3, 1996.
The City Manager presented Ordinance No. 30-96:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 56, "STORMWATER", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 56.04, "DEFINITIONS", TO
CORRECT THE DEFINITION OF 'DIRECTOR', DELETE
'INTERIM COLLECTION METHOD', AND MODIFY
'UNIFORM COLLECTION METHOD'; AMENDING SEC-
TIONS 56.16, 56.17, 56.18 AND 56.19 BY
DELETING REFERENCES TO THE INTERIM COLLECTION
METHOD; REPEALING SECTION 56.21, "INTERIM
METHOD OF COLLECTION", IN ITS ENTIRETY;
AMENDING SECTION 56.16(D) (1) TO PROVIDE THAT
THE PROPERTIES LOCATED WITHIN THE LAKE WORTH
DRAINAGE DISTRICT SHALL BE DEFINED BY THE
DISTRICT'S BOUNDARY MAP; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(Copy of Ordinance No. 30-96 is on file in the official
Ordinance Book)
Mr. Ellingsworth moved to approve Ordinance No. 30-96
on FIRST Reading, 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.
11. Comments and Inquiries on Non-Aqenda Items from the
Public - Immediately followinq Public Hearings.
11.A. City Manager's response to prior public comments and
inquiries.
In response to a prior inquiry regarding the condition
of portable classrooms at Carver Middle School, the City Manager
stated that by State law, the City cannot regulate the location
or the condition of portables on school property. In addition,
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the City cannot require the school to paint the portables or
landscape the area. City staff, however, has had discussions
with the Palm Beach County School Board staff requesting that the
portables be painted. The City Manager stated that the portables
have all been painted the same color. The City Manager reiterat-
ed that under State law there is nothing more the City can do and
suggested that those people who are unhappy about the situation
should complain to their State legislators.
11.B. From the Public.
11.B.1. Alice Finst, 707 Place Tavant, stated she previously
expressed concern about signs on the right-of-way at the beach
advertising long distance rates. She feels there is a similar
situation occurring on Military Trail in the median just north of
the Boca/Delray canal advertising "gases coming soon" (natural
gas, etc.). She feels some activity needs to be done to prevent
these signs from being erected in the rights-of-way.
11.B.2. Gerald Defoe, President of Progressive Residents of
Delray (PROD), thanked the City Manager for his assistance in
talking to the principal of Carver Middle School regarding the
portables. He stated that indeed the portables have been paint-
ed, however, was informed this afternoon by the principal's
office that bushes will be planted in back of the portables.
Mr. Defoe stated that PROD may be asking for assistance
from the City in an effort to secure more funding from the State
for education and schools. Currently, he is asking for the
Commissions support and will keep the Commission advised as to
the assistance PROD will need in the future.
Lastly, Mr. Defoe expressed concern over the bus
shelters. Palm Tran has informed Mr. Defoe that it would cost
between $4-6,000 to install aluminum and plastic bus shelters.
He stated that Palm Tran does not have the money and feels
without the shelters, this will not work.
On behalf of PROD, he thanked the Commission for their
continued support regarding the newracks.
11.B.3. George Rotchford, 2129 S.W. 35th Avenue, thanked and
commended the Parks and Recreation Department, the Environmental
Services Department, and the City Manager's office for their help
and quick response to the wood chip mulch problem he and others
experienced in the subdivision where he lives. In addition, he
extended his gratitude to the Police Department and the Fire
Department for presenting such a superb program on arson. He
stated that the brochure that was distributed during the program
was quite informative. Further, Mr. Rotchford feels that the
spirit of everyone's help throughout the City is greatly appreci-
ated.
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ll.B.4. Helen Coopersmith, 1222-D South Drive Way, expressed
concern over the school issue and feels that the County and the
City should not play politics with the schools or its children.
She feels that the Palm Beach County School Board needs to tend
to the needs of the children and make it more accessible for the
children to get from classroom to classroom. She urged the
Commission to do a marketing study to figure out how much space
is actually needed in the schools. She urged the Commission to
be supportive of the schools and reiterated that the politics in
the school system needs to stop.
11.B.5. Jerry Marshall, 499 S.W. 29th Avenue, commented on the
school issue and feels there needs to be a 1% sales tax to
mandate money to be used only for the construction of schools to
alleviate the problem of over crowded schools. He concurred with
Mrs. Coopersmith's comments and reiterated that people need to be
more supportive of our schools.
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. SALE OF CITY-OWNED PROPERTY (HOPE 3 PROGRAM)/SIMMONS:
Consider approval of the Contract for Sale and Purchase between
the City and Anthony and Shuntell Simmons for property located at
511 Angler Drive in the Delray Shores Subdivision, through the
HOPE 3 Program.
Lula Butler, Director of Community Improvement, ex-
plained that this is a public hearing on the sale of City owned
property under the City's HOPE 3 federally funded home acquisi-
tion property. Under this program, Ms. Butler stated that the
City acquires homes that have been foreclosed and hold HUD
mortgages. The City then rehabilitates the houses and places
them on the market for home ownership. The regulations require
that the City sell the homes at the appraised value.
Mr. Egan moved approval of the Contract for Sale and
Purchase between the City and Anthony and Shuntell Simmons for
property located at 511 Angler Drive in the Delray Shores Subdi-
vision, 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.
10.B. THIS ITEM WAS REMOVED FROM THE AGENDA.
10.C. 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. Prior to consideration of
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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. 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, BE 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
PROVIDE 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 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.
Mayor Alperin declared the public hearing open.
Gerald Defoe, President of Progressive Residents of
Delray (PROD), commented that those who belong to the Tennis
Stadium and pay dues are finding it difficult to play tennis
because the tennis courts are often occupied by younger people.
He feels these people rightfully so should have an opportunity to
play tennis; however, he feels that those who are helping to pay
for the tennis facility by their dues and by using it, are
thinking of discontinuing using the tennis center because they
are finding it too difficult to obtain a convenient time to play
tennis. He feels more consideration should be given to those
individuals who pay membership fees to the tennis facility and
urged the Commission to discuss this matter with the management
of the tennis center.
The public hearing was closed.
Mrs. Kiselewski moved to adopt Ordinance No. 29-96 on
Second and FINAL Reading, 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.
10.C.1. FY 1996/97 POLICIES AND RATES FOR MUNICIPAL TENNIS
CENTER: Consider approval of the operating policy and proposed
FY 1996/97 rates for the Municipal Tennis Center.
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As listed in the back-up material, Ms. Kiselewski
inquired about the member benefits, discounts on special events
held at the Tennis Center and whether or not this specifically
applies to tennis oriented events. Brahm Dubin, Dubin & Associ-
ates, stated that this is based on the idea that if there is a
concert or any other event held at the tennis facility, he would
like to be able to provide them with benefits. He is confident
that discounts will help with the attendance of various events
and feels it is a very good idea.
Secondly, Mr. Dubin explained how the rates are struc-
tured for the municipal tennis center. He stated that he is
proposing to introduce a tourist rate, a plan for juniors, and a
new membership year will begin October 1st. He gave an update on
the USTA bid and stated that there will be a site visit at the
tennis facility on September 13, 1996. In addition, Mr. Dubin
stated that he is currently forming a Task Force for sponsors so
that he will be able to provide tennis tournaments at the tennis
stadium.
Mr. Ellingsworth moved to approve the 1996/97 policies
and rates for the municipal tennis center as recommended, second-
ed 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.
13. Comments and Inquiries on Non-Agenda Items.
13.A. City Manager
The City Manager gave a brief status report on the
Marina Delray. He stated that on July 23, 1996, the City Commis-
sion approved an extension to the deadline dates for the Marina
Delray SAD (Special Activities District). He stated that permits
for parking and landscaping improvements were to be submitted
within 30 days of that approval. Permit application of the
parking lot was received on August 2nd and is currently being
reviewed. The application for the landscape permit is expected
to be received before the end of this week which will meet the
deadline. Once the permits are issued, the owner has 90 days to
complete the improvements. The City Manager stated that he will
keep the Commission informed of the status.
With respect to Mayor Alperin's concern at the last
meeting regarding Police overtime and how it affected pensions,
the City Manager stated this is one of the reasons why the City
was opposed to the Division of Retirement (DOR) rule changes.
The City's present definition of earnings for Police Officers and
Firefighters' pension purposes is "basic wages paid to a member
excluding overtime, bonuses, and any other non-regular payments".
The City Manager stated that at this time, the money earned in
overtime does not add to the pension benefit. Further, the City
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will show consistency throughout the City and urged the City
Manager to look into what the cost may be for this type of sign.
Secondly, Mr. Ellingsworth stated that at a Florida
League of Cities meeting he noticed people wearing permanent
logos with their names and identification. He feels this an
extremely good idea. Mr. Egan commented that what Mr. Elling-
sworth is referring is known as a "blazer crest" Mr. Egan
stated he will obtain samples and give them to Nancy King, Staff
Editor.
13.C.2. Mr. Randolph
Mr. Randolph commented about the scheduling and comple-
tion dates of the Lake Ida Road Beautification Project and the
East Atlantic Avenue Beautification Project. In response, the
City Manager stated he would look into this matter and advise Mr.
Randolph of the status of these two projects.
13.C.3. Mr. Eqan
Mr. Egan had no comments or inquiries.
13.C.4. Ms. Kiselewski
Ms. Kiselewski had no comments or inquiries.
13.C.5. Mayor Alperin
In response to concerns regarding the school issue,
Mayor Alperin stated that the school size is determined by the
Palm Beach County School Board. Mayor Alperin stated that he
served on The Education Concurrency Task Force for 1 1/2 years
and they tried to convince the Palm Beach County School Board to
reduce the school size so that the quality of education could be
enhanced. The School Board's response was that they increased
the school size from what it was before.
Mr. Ellingsworth asked if the School Board would
maintain the level of construction if the 1% sales tax were
passed? In response, Mayor Alperin stated that the Palm Beach
County School Board says the level of construction would be
financed by that 1% sales tax and the percentage would not
increase. Mayor Alperin stated that concurrency, the way the law
is written, will not help the municipalities. He feels that Palm
Beach County School Board keeps making political decisions and
they are not making decisions based on the best interest of the
students.
There being no further business, Mayor Alperin declared
the meeting adjourned at 7:30 P.M.
~C-ity ~le~k
ATTEST:
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 20, 1996
which minutes were formally approved and adopted by the City
Commission on--~~~~ ~, /~e~
- J-cit~ ~erk /
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.
-14- 08/20/96
Manager explained that DOR tried to get this passed through the
legislature and was almost successful.
Thirdly, the City Manager stated that the City is
working towards getting the Christmas tree up again this year.
The City Manager explained that he expects the costs for getting
the tree up will be approximately $12,000. Robert Barcinski,
Assistant City Manager, met twice last week with Marjorie Ferrer,
the Public Works staff, and representatives from Mouw Construc-
tion, and Mizner Electric to discuss maintenance needs and
requirements for the Christmas tree. It was the consensus of
those present that due to the condition of the metal frame and
electric wiring, that all the wiring should be removed, the frame
should be' sandblasted, reprimed, and painted. The tree should
also be rewired and the wiring done differently to avoid pinching
and cracking the wiring in the frame. The City Manager stated
that this will involve a considerable amount of time and money to
complete. Due to time and funding restraints, it could not be
completed until after the tree is taken down this season. It is
estimated that it will cost approximately $50,000 to do all this
work. It is also estimated these repairs will last approximately
8-10 years if the tree frame is stored on a concrete pad and
covered. It is estimated that an additional $8-10,000 will be
needed to do this. The City Manager stated that Mr. Barcinski
recommended that the City do the minimum to get the tree up this
season, and consider all or part of the major maintenance after
the tree is taken down. At this point, the City is planning to
steel brush the worst rust areas and paint over the spots with
green paint, and repair the existing wiring.
13.B. City Attorney
Regarding the Division of Retirement (DOR) rules from
the Police and Firefighters', the City Attorney stated she
believes that the DOR has withdrawn their proposed rules. She
informed the Commission that she will have more information when
the paperwork is reviewed.
Also, regarding the Solid Waste Authority lawsuit, the
City Attorney commented that there has been a request by the
attorney of the Noland company to act as amicus curiae ("friend
of the court") by submitting a court brief. The Commission
concurred with the City Attorney's comments.
13.C. City Commission
13.C.1. Mr. Ellingsworth
Mr. Ellingsworth suggested erecting a permanent sign
(east of 1-95 on West Atlantic Avenue and on North & South
Federal Highway) in which the City could have 4x4 inserts or
changeable slots (i.e. Jazz on the Avenue). He stated that this
way when a new event is held, no one has to dig a new hole to
erect a sign for a special event. He feels that a permanent sign