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12-10-96 DECEMBER 10, 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, December 10, 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 Pather Lacey, St. Vincent's Petter Catholic Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda ADproval. Mayor Alperin noted the addition of Item 9.J., Lease/Purchase Award to PMI Imaqing Systems, to the Regular Agenda, and Item 10.A.1., Resolution No. 87A-96 (DDA Tax Lev~), to the Public Hearing Agenda by addendum. Mayor Alperin stated he received a request from County Commissioner, Mary McCarty, to move Item 9.B., Wideninq of Linton Boulevard, forward on the 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 Alperin - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 9.B., Widening of Linton Boulevard. 9.B. WIDENING OF LINTON BOULEVARD= Consider whether Palm Beach County should take the Linton Boulevard road widening project off the Five-Year Road Program and reschedule it for some future year. County Commissioner, Mary McCarty, explained that the County has dollars set aside for the design of widening of Linton Boulevard however, actual construction is not scheduled to happen until the year 2001. Therefore, the project has not been de- signed and she hopes that the residents in the area along with the City's Engineering Department would be involved in this process. She stated however, that she recently attended a United Property Owners Association meeting and it was brought to her attention that some of the area residents are very concerned about this project: (1) They did not feel there was a need for widening the road at this time. (2) When there is a need to expand the road, they were concerned about how far to the north the road would go and if it's feasible to move it more toward the canal on the south side of the road. Further, Ms. McCarty stated she did not want to recommend removal of this project from the County's Five Year Plan without direction from the City Commission. Paul Dorling, Senior Planner, stated that currently Linton Boulevard exceeds level service "D". Level service "D" for four lanes is 31,100 daily travel rate, and it currently has a daily travel rate of 31,500. Currently there is no concurrency problem, however, with the additional traffic for previously approved development it is anticipated the road will fail the service level by the projected project date. Mayor Alperin inquired as to the impact this widening may have on the properties west of Military Trail that are undeveloped and asked if the widening would allow this area to be built at a higher density? Mr. Dorling stated that he is cur- rently not aware of any restriction now effecting possible density west of Military Trail. At this point, Ms. McCarty stated that she will leave the project status quo and unless she hears from the City other- wise this project will move forward. She also stated that if at a later date the City would like this project taken off the County's Five Year Plan then the City Commission should inform her in writing. It was the consensus of the Commission to leave the widening of Linton Boulevard on the County's Five Year Plan at this time. 5. Approval of Minutes: None. 6. Proclamations: 6.A. Tie One On for Safety - December 20, 1996 Mayor Alperin presented a proclamation proclaiming December 20, 1996 as "Tie One On for Safety in Delray Beach", encouraging all citizens, government agencies, hospitals, busi- nesses and schools to make a visible commitment to the fight against drunk driving by tying a MADD ribbon to their vehicles. 2 12/10/96 7. Presentations: 7.A. Atlantic High School Eagle-ettes Kerri Kessler, representing the Eagle-ettes and Company Dance Team, briefly explained that the Eagle-ettes have been proud to bring international, national, and state recognition to the City of Delray Beach and hope to continue to do so. The Eagle-ettes have qualified to participate in the National Compe- tition to be held in March 1997, in Los Angeles, California. The total cost of participation in this event is $35,000. To date, the Eagle-ettes have raised approximately $10,000 through various fund raising events. The Eagle-ettes anticipate that they will be able to raise an additional $5,000 in the next three months through continued fund raising efforts. Ms. Kessler is asking the City of Delray Beach and the City of Boynton Beach to donate $10,000 each so that the Eagle-ettes will be able to compete in the National Competition. After discussion, it was the consensus of the Commis- sion to refer this item to the Special Meeting of December 17, 1996 for further discussion and consideration. 7.B. Site Plan Review and ApDearance Board Award Recoqnition Program Commercial Development= The Boy's Farmers Market Exterior Renovations= Sun Trust Bank Delray Art Center Best Improvement= Lavender Shutters Redevelopment= The Annex Restaurant Signage= Grove Square Kokomo Key This year is the 5th annual Site Plan Review and Appearance Board (SPRAB) Award Recognition Program. The awards are given to those property owners and their design teams who have significantly contributed to the beauty of the community through creative design or renovations to existing properties. Eligible projects are those which were approved by SPRAB, and received a Certificate of Occupancy during the previous fiscal year (October 1, 1995 - September 30, 1996). Dick Sheremeta, Chairman of the Site Plan Review and Appearance Board, presented plaques to each of this year's recipients for their outstanding contribution to the City of Delray Beach. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. RESOLUTION NO. 85-96/ABANDONMENT OF EASEMENTS IN KOKOMO KEY= Approve a resolution abandoning portions of two utility 3 12/10/96 easements within the Kokomo Key subdivision located on the east side of North Federal Highway, based upon positive findings. The caption of Resolution No. 85-96 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING PORTIONS OF TWO UTILITY EASEMENTS WITHIN THE KOKOMO KEY SUBDIVISION LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN. (Copy of Resolution No. 85-96 is on file in the offi- cial Resolution Book) 8.B. RESOLUTION NO. 86-96: Approve a resolution authorizing the City to acquire property located at 124 S.W. 6th Street from the Department of Housing and Urban Development for expansion of the Water Treatment Plant. Funding in the amount of $42,000 is available from New Capital Land Acquisition (441-5161-536- 61.10) through budget transfer from Other Improvements (441- 5161-536-63.90). The caption of Resolution No. 86-96 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. 86-96 is on file in the offi- cial Resolution Book) 8.C. ACCEPTANCE OF EASEMENT DEED FOR LIFT STATION 106: Accept an easement deed from Commercial Funding Corp. for Lift Station 106, located at the northeast corner of the property located just north of Atlantic Avenue on the west side of Con- gress Avenue. 8.D. AGREEMENT WITH FOUNDATION EQUITY, INC./FDOT PERMIT FOR INSTALLATION OF FIRE HYDRANT: Approve an agreement with Founda- tion Equity, Inc. for the City to be the permit applicant for work in the Florida Department of Transportation (FDOT) right- of-way in conjunction with the installation of a fire hydrant for the Dialysis Center of Delray Beach. 8.E. AGREEMENT FOR SIDEWALK IMPROVEMENTS/IRONWOOD PROPER- TIES, INC.: Approve an agreement between the City and Ironwood Properties, Inc., the owner and developer of Coralina Townhomes, 4 12/10/96 to allow the waiver of the requirement to construct sidewalks in conjunction with the new development until such time as the City requires sidewalks to be constructed along the entire length of Seagate Drive. 8.F. ADDENDUM III TO CONCEPTUAL APPROVAL AGREEMENT, GRANT AWARD CALCULATION AND GRANT AWARD AGREEMENT WITH FLORIDA COMMUNI- TIES TRUST (FCT): Approve Addendum III to the Conceptual Approv- al Agreement which increases the award amount, the Grant Award Calculation and the Grant Award Agreement with FCT for the Sandoway House. 8.G. AUTHORIZATION FOR GRANT APPLICATION/SOLOMON D. SPADY HOUSE: Authorize the City to act as co-applicant with the Community Redevelopment Agency for a Historic Preservation Grant in Aid for the Solomon D. Spady House, including a commitment to provide up to $10,000 in matching funds. 8.H. RATIFICATION OF LABOR AGREEMENT WITH THE POLICE BENEVO- LENT ASSOCIATION: Ratify the Collective Bargaining Agreement between the City and the Police Benevolent Association (Police Officers and Sergeants) for the period October 1, 1996 through September 30, 1999, and approve the associated Memorandum of Understanding. 8.I. REQUEST FOR FINAL PAYMENT/REGAL CONTRACTORS, INC.: Approve final payment in the amount of $4,376.31 to Regal Con- tractors, Inc. for work on the Pine Grove Elementary School Baseball Field project, with funding from 334-6111-519-62.15. 8.J. REQUEST FOR FINAL PAYMENT/DIGBY BRIDGES, MARSH & ASSOCIATES: Approve final payment in the amount of $4,831.40 to Digby Bridges, Marsh & Associates for consulting services for the Municipal Golf Course Clubhouse Addition project, with funding from 445-4763-572-31.30. 8.K. CHANGE ORDER ~1 AND FINAL PAYMENT/YOUNGOUIST BROTHERS, INC.: Approve deduct Change Order #1 in the amount of $126,767.88 and final payment in the amount of $90,852.21 to Youngquist Brothers, Inc. for completion of the Aquifer Storage and Recovery (ASR) Well at the North Reservoir project, with funding from 440-5179-536-69.18. 8.L. APPOINTMENT OF OUTSIDE COUNSEL/ARTHUR GARLAND AND ROBERT GARLAND V. CITY OF DELRAY BEACH: Approve the appointment of outside counsel as recommended by the City Attorney. 8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Site Plan Review and Appearance Board during the period December 2 through December 6, 1996. 8.N. AWARD OF BIDS AND CONTRACTS: -5- 12/10/96 1. Bid award to Craftman Plus, Inc. for rehabilita- tion of a City-owned single family housing unit at 303 S.W. 2nd Avenue under the HOPE 3 program, in the amount of $20,035 plus 5% contingency, from 118-1924-554-49.19. 2. Bid award to Johnson-Davis, Inc. for emergency sanitary sewer manhole replacement at the inter- section of Shady Lane and Country Manors Road in the Country Manors subdivision, in the amount of $14,800 from 442-5178- 536-63.51. 3. Purchase award via the Florida Sheriff's Associa- tion cooperative bid with Bell Chevrolet, Inc. for one 1997 Chevrolet Lumina for the Police Adminis- tration Division, in the amount of $16,515.62 from 001-2111-521-64.20. 4. Bid award, via GSA Contract, to Hector Turf for two Triplex Greensmaster 3100 mowers, in the amount of $33,567.83 from Lakeview Golf Course (Account No. 446-4761-512-64.90), and Delray Municipal Golf Course (Account No. 445-4761-572-64.90). Mr. Egan moved to approve the Consent Agenda, 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. REGULAR AGENDA: 9.A. PROGRESS REPORT/KEYSTONE CREATIONS: Consider the status of the conditional use and site plan approvals for the Keystone Creations facility, located on the east side of N.W. 18th Avenue, north of Don Francisco's Way. Diane Dominguez, Planning Director, stated that there have been several conditions of approval related to the exten- sion. One was that the Phase I improvements be made which would have consisted of having the main building completed and the site improvements completed. Few substantial Phase I improvements have been made to the site. In view of the fact that the conditions of the exten- sion approval have not been met, the conditional use and site plan approvals for Keystone Creations expired on December 6, 1996. Mr. Egan made a motion to move forward with the injunc- tion, seconded by Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - No; -6- 12/10/96 Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 1 vote. Prior to the meeting the applicant presented the Commission with recent pictures of the improvements made so far to the property. These pictures will become part of the record. 9.B. THIS ITEM WAS MOVED FORWARD ON THE AGENDA. 9.C. NON-EXCLUSIVE LICENSE AGREEMENT WITH ROBERT WECH- SLER/1003 BEACH DRIVE: Consider approval of a non-exclusive license agreement with Mr. Robert Wechsler for use of right-of- way along the south property line at 1003 Beach Drive. The City Attorney noted a small change to paragraph 12, page 5 of the Non-Exclusive License Agreement. The owners have requested that if the City revokes the license or if it expires, that they will remove any portion of the pool deck that is encroaching but they want the agreement to reflect the words "upon notice from the City". The City Attorney reiterated that the change to the agreement would be adding the words "upon notice from the City". Ms. Kiselewski asked for clarification regarding the wording in paragraph 9, on page 3 of the agreement. She inquired as to whether or not this includes the pool and the deck. Assistant City Attorney Tolces stated that perhaps the wording should be changed to reflect "in their current location" and not "its current location". Mr. Randolph moved to approve the Non-Exclusive License Agreement with Robert Wechsler contingent upon the corrections as stated, seconded by Ms. Kiselewski. Upon roll call the Commis- sion 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.D. RESOLUTION NO. 84-96/LARGE HOME TASK TEAM: Consider approval of a resolution establishing the Large Home Task Team. The City Manager presented Resolution No. 84-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING THE LARGE HOME TASK TEAM AS AN ADVISORY BODY TO THE CITY COMMISSION; PROVIDING FOR THE AUTHORITY OF SAID TASK TEAM PROVIDING FOR THE COMPOSITION OF SAID TASK TEAM AND APPOINTMENT THERETO; PROVIDING AN EFFECTIVE DATE; AND SETTING A SUNSET DATE. (Copy of Resolution No. 84-96 is on file in the offi- cial Resolution Book) 2/10/96 The City Clerk's office will continue to accept appli- cations and letters of interest for the Large Home Task Team through December 31, 1996. The Commission will make appointments at the January 7, 1997, Commission meeting. Mr. Egan moved to approve Resolution No. 84-96, second- ed 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.E. CIVIL SERVICE ACT REVISIONS: Consider changes to the City's Special Act pertaining to Civil Service and authorize the modified Special Act to be submitted to the local Legislative Delegation for approval and passage by the Legislature. The City Attorney explained that some of the essential changes proposed to the Civil Service Special Act concern eligi- bility. This section was clarified to provide that part-time employees and the Assistant City Manager are not covered under Civil Service and to make clear the intent as it applies to the exempt position of Police Major. The Police Major serves at the discretion of the Police Chief and since there is very little lateral movement within police departments, personnel would be very reluctant to accept a promotion to this position if there is no guarantee that should the administration change or the Chief becomes dissatisfied, the employee could return to the Civil Service position previous held. Mr. Ellingsworth moved to approve the changes to the City's Civil Service Special Act as recommended by the City Attorney and submittal to the Local Legislative Delegation for approval and passage by the Legislature, seconded by Ms. Kise- lewski. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. 9.F. CHANGE ORDER ~2/PIPE-LINER INSTALLERS: Consider approval of Change Order #2 to the contract with Pipe-Liner Installers in the amount of $10,272.00 to change out two impel- lers on Pump N-3 associated with the North Reservoir Improvements project, with funding from 440-5179-536-64.30. Richard Hasko, Acting Deputy Director of Public Utili- ties, briefly explained that Change Order #2 is for changing the impeller on Pump N-3 (200 HP) to increase the total dynamic head from the design of 162 feet to 188 feet, which will maximize the flow capacity of this pump. Mayor Alperin asked if the City is paying sales tax on the pump? In response, the City Manager stated that Carter & 8 12/ 0/96 VerPlanck, Inc. are not selling the pump to the City they are selling it to the contractor. Therefore, the contractor is responsible for paying the sales tax. Mr. Randolph asked what the life expectancy is of the impellers? In response, Mr. Hasko stated that there is probably a minimum of 25-30 year life span under normal operating circum- stances. Additionally, Mr. Randolph asked that in going to the different impeller, will it reduce the efficiency of the motor? Mr. Hasko stated it will increase the operating range of the variable frequency drives so that during low flows there may be some minor efficiency increase. Conversely, during high flows or during the event of a major fire, staff would be able to crank the variable frequency drive up and get both of the pumps pumping at the higher end of the range and get the kind of water pressure that the Fire Department would need. Ms. Kiselewski moved to approve Change Order #2 to the contract with Pipe-Liner Installers in the amount of $10,272 to change out two impellers on Pump N-3 associated with the North Reservoir Improvements project, seconded by 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.G. BID AWARDS/COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM: Consider two bid awards through the CDBG program for housing rehabilitation projects; one to Tommy Preston at 216 S.W. 14th Avenue in the amount of $15,750, and one to Intercontinental Construction Corporation located at 910 S.W. llth Terrace in the amount of $15,300, both being second responsive bidders with funding from 118-1963-554-49.19. Lula Butler, Director of Community Improvement, stated that at the beginning of every fiscal year the City advertises to get new contractors participating in our programs. The actual low bidder withdrew his bids after staff determined his bids were non-responsive. He did not meet all the conditions of the submission requirements. Ms. Butler stated that staff is asking permission to award to the next lowest bidders, in both cases their bids are below in-house estimates. Mr. Randolph moved to recommend approval of two bid awards through the CBDG program; bid award to Intercontinental (second responsive bidder) in the amount of $15,300, (910 S.W. llth Terrace), and bid award to Tommy Preston (second responsive bidder) in the amount of $15,750, (216 S.W. 14th Avenue), 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. 9.H. DATE FOR THE 5TH ANNUAL TOWN HALL MEETING: Confirm the date January 28, 1997, for the 5th Annual Town Hall Meeting to be held at the Crest Theater at Old School Square. The City Manager advised Commission that the Crest Theater is completely booked for the week of January 27-31, 1997. He suggested that the 5th Annual Town Hall Meeting be held either on Monday February 3rd, or Tuesday February llth, since both dates are available at the the Crest Theater at Old School Square. It was the consensus of the Commission to confirm the date of February 11, 1997, for the 5th Annual Town Hall Meeting to be held 7 P.M. at the Crest Theater at Old School Square. 9.I. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a member to the Delray Beach Housing Authority to fill an unexpired term ending March 6, 1998. The appointment will be made by Mayor Alperin. Mayor Alperin requested that his appointment to the Delray Beach Housing Authority be postponed until the meeting of January 7, 1997. ~.J. LEASE/PURCHASE AWARD TO PMI IMAGING SYSTEMS: Consider a lease/purchase award to PMI Imaging Systems through GSA pricing for a Canon NP-980 microfilm reader/printer, in the amount of $15,912, with financing to be provided by Barnett Bank, from Lease Principal and Lease Interest (Account Nos. 001-7111-519-71.50 and 72.50). Mr. Ellingsworth moved to approve the lease/purchase award to PMI Imaging Systems through GSA pricing for a Canon NP-980 microfilm reader/printer, in the amount of $15,912, with financing to be provided by Barnett Bank, 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. At this point, the time being 7:03 p.m., the Commission moved to the duly advertised public hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 87-96: A resolution levying a tax on all properties within the City of Delray Beach for maintenance and operation, and for payment of principal and interest on bonded indebtedness, for FY 1996/97. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 87-96: -10- 12/10/96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERA- TION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTED- NESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (Copy of Resolution No. 87-96 is on file in the offi- cial Resolution Book) 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. Mr. Harden stated that between the first and second budget hearings that the millage was reduced slightly, however prior to the second hearing the proposed budget had to be adver- tised. After the City placed the ad, the Florida Department of Revenue advised the City that it would have to use the initially proposed levy. The budget was re-advertised, however the City Manager placed a disclaimer stating the following: "The Notice of Proposed Tax Increase is False. The Florida Department of Revenue has ordered the City of Delray Beach to use the amount shown in THE NOTICE OF PROPOSED TAX INCREASE as the proposed TAX LEVY. The TAX LEVY actually tentatively adopted by the City Commission is $18,409,764." The City Manager explained that he was not aware of the fact that there was a provision in the law that says you cannot place any other ad along with the required ads. Consequently, the State is requiring the City to re-adopt the budget. The Commission needs to go through the process of re-adopting the budget and the City Manager also suggested that the Commission authorize the City Attorney to proceed with whatever manner she determines appropriate, either through the administrative hearing process or through a suit for declaratory judgement to get this matter cleared up before next budget year. The City Manager feels that what the State is requiring the City to do is false information and is contrary to what the City Commission has in fact done. There are also other cities around the state in the same position. The City Attorney stated that there is a specific Statute that the Department of Revenue enforces. She stated there are certain notices that must be sent to the Department of Revenue and in general the Statute is very detailed. The City Manager stated that after the Commission finishes adopting the budget, then the City has to gather togeth- -11- 12/10/96 er copies of the ads and other documentation to prove that we have followed the process that is set forth in the Statute. The City Attorney stated that Resolution No. 87-96 levies the tax on behalf of the City of Delray Beach. The levy is 6.95 mills for operation and maintenance of the general fund, 0.90 mills for the payment of principal and interest on bonded indebtedness for a total of 7.85 mills which is the millage rate. The millage rate of 7.85 mills is .05 less than fiscal year 1995/96. The rollback rate calculated under the TRIM law for operating purposes is 6.73 mills. The tentative millage rate is 3.27% above the rolled-back rate. Mayor Alperin declared the public hearing open. The City Manager reviewed the reasons why the City has gone above the roll back rate. The major component is the salary costs of approximately 3% a year because of performance increas- es. In addition, the City Manager stated that the City has several increases in services this year. Through the Federal Grants for Police Officers we added 5 new Police Officers, additional vehicles ($73,000), we added a Staff Assistant in the Fire Department to assist with administration of emergency medical fees, (which should be offset by additional revenues) ($26,280), in Human Resources we added applicant tracking soft- ware ($15,000), an Administrative Assistant in the Finance Department ($33,130) and Office Automation Analysis ($31,450) for upgrading our computers and meeting departmental needs, an Electrician in Public Works ($33,170), Streets Worker ($23,770) for maintenance of our streets, Hanson software for work order management ($35,010) for Public Works and Parks and Recreation, and an additional plan document imaging system for Planning & Zoning ($16,000). There being no one from the public who came forward to speak on this item, the public hearing was closed. Mr. Ellingsworth moved to approve Resolution No. 87-96, 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. 10.A.1. RESOLUTION NO. 87A-96 (DDA TAX LEVY): A resolution levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 87A-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVEL- -12- 12/10/96 OPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND SAID COLLECTIONS THEREUNDER. (Copy of Resolution No. 87A-96 is on file in the official Resolution Book) 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. The City Attorney stated that this resolution levies a tax in the amount of 1.00 mill on all properties within the Downtown Development Authority taxing district for fiscal year 1996/97 for operation and maintenance, and appropriates the collections thereunder to the DDA. This millage exceeds the rolled-back rate by 0.84 mills and under the TRIM law by 19.05%. Mr. Egan stated that 90% of the DDA's income goes towards the Joint Venture. In addition, the DDA buys the banners that hang on all the poles throughout the City. The City Manager stated he believes that there was an increase in the Joint Venture's budget this year. Mayor Alperin declared the public hearing open. No one from the public came forward to speak on this item. The public hearing was closed. Mr. Egan moved to approve Resolution No. 87A-96, 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. At this point, the City Manager announced that includ- ing the DDA millage, the City Commission has adopted a tax rate which exceeds that aggregate rolled-back rate of 3.33%. 10.B. RESOLUTION NO. 88-96: A resolution making appropria- tions of sums of money for all necessary expenditures of the City for the period October 1, 1996 to September 30, 1997. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 88-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPRO- PRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1996, TO THE 30TH DAY OF SEPTEMBER, 1997; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF -13- 12/10/96 APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (Copy of Resolution No. 88-96 is on file in the offi- cial Resolution Book) 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. No one from the public came forward to speak on this item. The public hearing was closed. Ms. Kiselewski moved to approve Resolution No. 88-96, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan- Yes. Said motion passed with a 5 to 0 vote. At this point, the City Attorney requested that she be authorized to request that Jim Linn and his firm contact the Department of Revenue regarding this matter to see if it can be settled prior to next year's budget process. However, if this can not be settled through the administrative hearing process than she needs their authorization for Jim Linn's firm to file a Rules Challenge or a Declaratory Action Suit in Circuit Court for a fee not to exceed $10,000. It was the consensus of the Commission to authorize the City Attorney to proceed with whatever manner she determines appropriate either through the administrative hearing process or Declaratory Action Suit (Jim Linn's firm Tallahassee) not to exceed $10,000. 11. Comments and Inquiries on Non-Aqenda Items from the Public - Immediately followinq Public Hearinqs. 11.A. City Manager's response to prior public comments and inquiries. In response to Alice Finst's inquiry regarding the status of the blue building on the corner of N.W. 10th Avenue and Lake Ida Road, the City Manager commented that the Planning and Zoning Department approved a non-impacting site plan modification for a fence, however, the owner has installed barbed wire on top of the fence which is in violation of the City's LDR's. The owner has been cited by the Code Enforcement Division and has refused to voluntarily come into compliance. This case is scheduled for the February 11, 1997, Code Enforcement Board meeting. Additionally, Lula Butler, Director of Community -14- 12/10/96 Improvement, has met with the property owner's attorney, Roger Saberson, regarding his nonconforming use and what the City has determined to be an expansion of the unimproved parking lot. The attorney is arguing that his client had parking available to him prior to the widening of Lake Ida Road and that the City is required to allow him to replace that parking somewhere on his property. The City disagrees and contends that most of the prior parking lot was within the road right-of-way and staff has been directed to issue a violation notice regarding the expanded parking area. The landscaping on the east side of the building is being addressed under an alternate plan for the Lake Ida Beauti- fication project which is part of the entry to Spady Elementary School. Technically, the building sits on the property line and the City is utilizing the limited four feet of space available as part of our landscape project. The Lake Ida Road beautification and landscaping bids were received on December 4, 1996, and the award of contract is scheduled for the January 7, 1997, Commis- sion meeting. If the contract is awarded at that time, the notice to proceed should be issued by January 30, 1997, with construction taking approximately 120 days. Completion of this project is scheduled for June 1, 1997. The City Manager stated that he would forward a letter to Alice Finst regarding the status of this matter. 11.B. From the Public. None. 12. FIRST READINGS: 12.A. ORDINANCE NO. 59-96: An ordinance enacting Chapter 135, "Abatement of Nuisances", of the City Code to provide for the establishment of a Nuisance Abatement Board. If passed, public hearing January 7, 1997. The City Manager presented Ordinance No. 59-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTING A NEW CHAPTER 135, "ABATEMENT OF NUISANCES"; PROVIDING FOR THE ESTABLISHMENT OF A NUISANCE ABATEMENT BOARD PURSUANT TO FLORIDA STATUTE SECTION 893.138; PROVIDING FOR OPERATION PROCEDURES, ENFORCEMENT AUTHORITY, AND JUDICIAL REVIEW; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 59-96 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. -15- 12/10/96 Until recently, the City Manager stated that the City has been using the County's Nuisance Abatement Board and it has been very effective. Unfortunately, there was a decision in the 2nd District where the Nuisance Abatement Board in St. Petersburg had shut down a business for a year and since that decision, the County's Nuisance Abatement Board has essentially stopped func- tioning. Despite that decision, the City Manager feels that a City Nuisance Abatement Board can accomplish a great deal partic- ularly in dealing with the residential properties (crack houses). He feels they can persuade property owners to cooperate and deal with illegal activities on their property. Other cities such as the City of Lake Worth have their own Nuisance Abatement Board and it has been successful. Mr. Randolph stated he sees this Board as a useful tool toward relieving some of the problems throughout the City, however, he feels it could also be detrimental to owners who have no control over illegal activities on their property. Further, he feels it is difficult to control tenants and to do a screening process with rental properties. He also expressed his concerns with taking peoples homes and property without the owner being able to stop the illegal activities happening on his property. He also stated that he is concerned with placing people on the board who do not understand the problems in the community. Mr. Ellingsworth asked what type of appeal process would there be for a property owner? In response, the City Attorney stated it would go through the appellate rights in the Circuit Court. In addition, Mr. Ellingsworth asked if the City could write some guidelines for this new committee to define areas of concerns expressed by Mr. Randolph. The City Attorney stated that she believes the City could write some guidelines that do not expand the powers as set forth in the State Statute, however, there are limits as to what a nuisance is but it would ultimately depend on the issue. Mayor Alperin stated he understands the concerns of Mr. Randolph, however, he is more concerned with the rights of all the other neighbors rights being deprived and the community as a whole. Mr. Egan inquired as to who is responsible for making up the Board. The City Attorney stated that the Commission will appoint this Board just as the Commission appoints other Boards. The Police Legal Advisor will prosecute before the Board and the City will need to have an outside lawyer represent the Board. Mr. Egan commented that he looks at this Board as another tool for property owners to help rid the problems of illegal activi- ties on their property. Mr. Ellingsworth asked if the Board could be abolished by the Commission at some future date if situations start arising like Mr. Randolph referenced? In response, the City Attorney -16- 12/10/96 stated that the Board could always be abolished by the Commis- sion. Mayor Alperin commented that on the top of page three of the ordinance where it states: "(1) Two (2) regular members and the chairman appointed for a term of two (2) years"; .... He stated that it does not state in the ordinance how a chairman would be selected. The City Attorney stated that this apparently needs to be addressed. Mayor Alperin suggested that there should be three regular members appointed to the term of two (2) years and from those a chairman should be selected by the committee. The City Attorney stated our problem is that the Statute states the initial appointment you have to appoint a chairman. In addition, Mayor Alperin expressed concern over page 5 of the ordinance where it states: "All orders of the board shall be by motion approved by a majority of those members present and voting, except that at least three (3) members of the board must be present in order for the action to be official." Mayor Alperin feels this should be more restrictive and that at least three (3) votes should be required to approve a motion. Assistant City Attorney Tolces stated that there is nothing stated in the Florida Statutes that talks about the make up of the Board, so it is up to the discretion of the Commission. Regarding the terms of establishing a Nuisance Abatement Board, Mayor Alperin stated that the Board should consist of five (5) members with a minimum of three (3) affirmative votes for motion of action, and a chairman should be selected from the three 2 year appointees by the Commission maintenance selection for chairman. The City Attorney noted these two changes to the ordinance. Mr. Egan moved to approve Ordinance No. 59-96 on FIRST Reading with the previously mentioned changes as stated by Mayor Alperin, seconded by Ms. Kiselewski. Upon roll call the Commis- sion voted as follows: Mr. Randolph - No; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth Yes. Said motion passed with a 4 to 1 vote. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager In response to Commissioner Ellingsworth's previous concern regarding the speed limit signs on Lake Ida Road, the City Manager stated that the City has contacted the County and the 45 mph signs were apparently placed there by the County. -17- 12/10/96 In reference to a previous inquiry regarding the effect of recent high winds on the beach, the City Manager commented that some erosion occurred although there was no scalping or formation of cliffs or drop-offs. The waves washed over the dry beach rather then cutting into the shore line. Material moved from the dry beach to a nearby shore bar. The bar system is in the wave zone and will reattach to the dry beach with changes in wind patterns. The winds caused significant blowing sand result- ing in dune growth of a foot or more. Overall, the beach re- sponded as designed. The shape and width of the beach today is typical of the 'winter season' with a steepened inter-tide zone and prominent near shore bar. The annual performance survey of the dune beach and submerged profile is scheduled for December. This survey will detail the condition of the beach and help in planning for the next maintenance nourishment program projected for the year 2000. With regard to the Delray Beach Housing Authority meeting, Mr. Ellingsworth stated that according to the action taken this morning, HUD has made a compromise to allow the City to continue providing management and other services. The City Manager stated that there is a meeting sched- uled for next Tuesday at noon with a representative from the HUD office in Miami. HUD does not believe the City should be in- volved nor do they feel that HUD should enter into any kind of agreement with the City. 13.B. City Attorney The City Attorney had no comments or inquiries. 13.C. City Commission 13.C.1. Mr. Ellingsworth Mr. Ellingsworth had no comments or inquiries. 13.C.2. Mr. Randolph Mr. Randolph commented that with the loop holes in our legal system he feels the Nuisance Abatement Board eventually may encounter many problems. Secondly, he feels the City needs to do something soon about the BFI contract because the City is not looking good. Mr. Randolph stated that his trash pile has been sitting in front of his yard for well over a month and referred to an incident where a truck driver from BFI passed his trash pile twice this week without stopping to pick it up. He reiterated that something really needs to be done about the trash pick-up throughout the City because it is currently not working well with BFI. -18- 12/10/96 The City Manager commented that if an individual has mixed trash such as paper, glass, etc. mixed in with yard trash, then BFI will not pick up the pile. Further, he stated that the City is trying to educate homeowners to separate the trash properly so that it can be picked up. The City Manager explained that one of the things that the City informed BFI about is that City staff has observed some cases where there was a clean pile of yard waste and someone has piled a few things on top of the same trash pile. In this instance, the City Manager stated that BFI needs to separate the trash themselves and go ahead and pick up the pile. Mr. Randolph agreed with the City Manager pertaining to the education of the residents, however, there still will be people who will contaminate trash piles no matter what and we must work to solve this problem. 13.C.4. Ms. Kiselewski Ms. Kiselewski had no comments or inquiries. 13.C.3. Mr. Egan Mr. Egan had no comments or inquiries. 13.C.5. Mayor A1Derin Mayor Alperin stated that last night he attended a meeting regarding a proposal for a Charter School in Delray Beach which would be comprised of approximately one hundred students in grades 6th, 7th, and 8th. The Palm Beach County School Board is asking the City to endorse this proposal. Mayor Alperin has asked the School Board to present a written proposal for the City to review before endorsing a Charter School. He feels the concept of the program is great, however, would like to review it before making a commitment. Secondly, Mayor Alperin stated that he received a letter from the Points of Light pertaining to a Presidential award given to outstanding volunteers. He feels the City has a tremendous volunteer program and there may be some individuals who qualify for this award. Mayor Alperin asked the City Manager to distribute copies of this letter to the Commission and Depart- ment Heads for consideration. Thirdly, Mayor Alperin stated that he is not sure of who is in charge of distributing the "Meetings and Events" around town calendar, but he commented on an error regarding the 25th Annual Boynton/Delray Holiday Boat Parade presented by the Kiwanis Club. He stated that the flyer should read: "25th Annual Boynton/Delray Holiday Boat Parade presented by the Kiwanis Club of Delray Beach, 'Sunrise'" not "25th Annual Boyn- ton/Delray Beach Holiday Boat Parade presented by the Kiwanis Club of Sunrise, Inc." -19- 12/10/96 There being no further business, Mayor Alperin declared the meeting adjourned at 7:55 P.M. ..... dity 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 December 10, 1996, which minutes were formally approved and adopted by the City Commission on ~b9%o~b~J 7 /gq 7 ~ity Cle~ ' 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. -20- 12/10/96