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01-17-95 JANUARY 17, 1995 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:10 P.M., Tuesday, January 17, 1995. 1. Roll call showed: Present - Commissioner Jay A1perin Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Barbara Smith Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Mr. Anwar Gillion, a member of the South Palm Beach County Chapter of the Boys and Girls Club. 3. The Pledge of Allegiance to the flag of the United States of America was given. Mayor Lynch recognized the members of the Boys and Girls Club in attendance at the meeting and who lead the Pledge of Allegiance. Mr. Dwayne Hetherington, Executive Director of the South County Boys and Girls Club, expressed appreciation to the Commission for allowing the Club members to participate in the meeting. He advised that General Colin Powell will be visiting the Boys and Girls Club on Thursday, January 19, 1995, which will be something special for the children as well as for the City of Delray Beach. 4. Agenda Approval. The City Attorney stated a request has been received from the applicant to postpone Public Hearing Item 10.C. - Ordi- nance No. 4-95 - to a date no later than April 30, 1995. Because the postponement is not to a date certain, the applicant has agreed to pay all readvertising costs associated with second reading of the ordinance. Mayor Lynch noted the addendum to the Regular Agenda, adding Item 9.K., Delray Beach Railroad Station Project. Mayor Lynch requested Item 8.J. on the Consent Agenda (Resolution No. 4-95) be moved to the Regular Agenda as Item 9.AA. Dr. Alperin moved approval of the Agenda, as amended, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Mr. Ellingsworth moved to approve the Minutes of the Regular Meeting of January 3, 1995, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6.A. Delray Beach's Centennial - 1995. Mayor Lynch read and presented a Proclamation recogniz- ing and declaring the year 1995 as Delray Beach's Centennial. Ms. Carolyn Zimmerman came forward to accept the proclamation and invited the general public to attend a meeting of the Presidents' Council which will be held on Wednesday, January 17, 1995, at 7:00 p.m. at the Community Center. 7. Presentations: 7.A. Fourth Annual Holiday Toy Drive Committee - Perry DonFrancisco and Officer Jeff Miller - Presentation to Parks and Recreation After School Program Officer Jeff Miller stated that when the Holiday Toy Drive was started four years ago, the goal was to be able to take care of some 80 children. The response was so great that over 1,000 children were included. This year the goal was 480 chil- dren, and the Toy Drive Committee was able to provide for over 3,000 children with over 10,000 toys. Officer Miller presented a check in the amount of $4,171.35 to the Parks and Recreation After School Program, bring the total amount contributed over the past four years to over $10,000.00. He expressed appreciation to participants Perry DonFrancisco, Dan Burns, Kathy Hazard with Leadership, and the numerous volunteers who assisted in the Holiday Toy Drive. 8. Consent Aqenda: City Manager recommends approval. 8.A. RESOLUTION NO. 3-95/ABANDONMENT OF A PORTION OF S.E. 4TH STREET: Approve Resolution No. 3-95 abandoning a portion of S.E. 4th Street, lying between S.E. 7th Avenue and the Intracoastal Waterway, based upon positive findings pursuant to LDR Section 2.4.6(O) (5). The caption of Resolution No. 3-95 is as follows: 2 1/17/95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF SOUTHEAST 4TH STREET, AS SHOWN ON THE PLAT OF MAP OF THE TOWN OF LINTON (NOW DELRAY BEACH), AS RECORDED IN PLAT BOOK 1, PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. (Copy of Resolution No. 3-95 is on file in the official Resolution Book) 8.B. ACCEPTANCE OF UTILITY EASEMENT ASSOCIATED WITH S.E. 4TH STREET ABANDONMENT: Accept a 15 ft. utility easement to cover existing facilities within the S.E. 4th Street right-of-way to be abandoned under Resolution No. 3-95. 8.C. ACCEPTANCE OF COUNTY DEED CONVEYING THE CATHERINE STRONG CENTER PROPERTY: Accept deed from Palm Beach County conveying to the City of Delray Beach the Catherine Strong Center property. 8.D. FINAL PAYMENT/J.J.R. CONSTRUCTION CO., INC.: Approve final payment in the amount of $1,980.00 to J.J.R. Construction Co., Inc. for demolition of the master lift station and restroom at Veterans Park. Funding is available from Water & Sewer Renew- al and Replacement - Veterans Park Phase II (Account No. 442-5178-536-61.63). 8.E. CONTRACT ADDITION (CHANGE ORDER NO. 8)/MOLLOY BROTHERS, INC.: Approve a contract addition (Change Order No. 8) with Molloy Brothers, Inc. on the Street Reconstruction and Utility Improvements (Northwest, Northeast) project to include modifica- tion to the Lake Ida drainage outfall on N.W. 13th Street and drainage for N.W. 17th Street. The change is for a twenty-one (21) day extension of the contract; the net amount of the con- tract addition is $0.00. 8.F. RATIFICATION OF APPROVAL/AFFORDABLE HOUSING PROGRAMS UNDER "DELRAY BEACH RENAISSANCE": Ratify the January 10, 1995, consensus to approve and endorse the coordinated delivery of affordable housing to iow and moderate income households as proposed under the "Delray Beach Renaissance" program and author- ize the joint submission of competitive grant applications to leverage program dollars. 8.G. RATIFICATION OF APPROVAL/DUNE REVEGETATION PROGRAM: Ratify the January 10, 1995, consensus to approve the plan and program to revegetate the west side of the dune along the munici- pal beach. 8.H. RATIFICATION OF APPROVAL/"ADOPT-A-HIGHWAY" PROGRAM: Ratify the January 10, 1995, consensus to approve a City-spon- sored "Adopt-A-Highway" Program. -3- 1/17/95 8.I. POLICE AND FIRE COMMUNICATIONS AGREEMENT WITH TOWN OF GULFSTREAM: Approve a revised agreement between the City and the Town of Gulfstream for dispatching and communications services. 8.J. MOVED TO THE REGULAR AGENDA AS ITEM 9.AA. 8.K. AWARD OF BIDS AND CONTRACTS: 1. Bid Award - to Networks, for the purchase of two Uninterruptible Power Source (UPS) units for the gas chromatograph and atomic absorption test equipment at the Water Treatment Plan Laboratory. Funding in the amount of $10,548 in available from Renewal and Replacement - Computer Equipment (Account No. 442-5178-536-64.11). Mr. Ellingsworth moved to approve the Consent Agenda, as amended, seconded by Dr. Alperin. Upon roll call the Commis- sion voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9. Regular Aqenda: 9.AA. RESOLUTION NO. 4-95: Approve Resolution No. 4-95 requesting Florida Department of Transportation to designate two parking spaces on the south side of Atlantic Avenue (State Road 806), just east of Salina Avenue, as a loading zone from 8:00 a.m. to 1:00 p.m., Monday through Saturday. The caption of Resolution No. 4-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO APPROVE A CITY REQUEST TO DESIGNATE TWO PARKING SPACES ON THE SOUTH SIDE OF ATLANTIC AVENUE (STATE ROAD 806), JUST EAST OF THE SALINA AVENUE INTERSECTION, AS A LOADING ZONE FROM 8:00 A.M. TO 1:00 P.M., MONDAY THROUGH SATURDAY. (Copy of Resolution No. 4-95 is on file in the official Resolution Book) Mayor Lynch stated that he frequently receives com- plaints regarding insufficient parking on the beach side and this resolution will take away 5 hours of parking at two spaces, six days a week. He felt that the issue of loading and unloading should have been addressed by Six South Restaurant at the time they first came in for approval instead of waiting until after the fact. He further stated that he has heard talk that the restaurant is looking at valet parking which could create other parking problems. -4- 1/17/95 The City Manager reported that the restaurant has made some initial inquiries regarding valet parking and has been informed that staff has a lot of reservations about it. That, however, is a separate issue which would have to be evaluated by staff. The two parking spaces being used as a loading zone has been a subject of controversy for some time, since long before the Six South restaurant opened. The restaurant that was there before took their service off Ocean Boulevard, and it was a smaller operation. Six South can do that also, but the feeling was that it would be less of a traffic hazard to have the loading zone at the location on Atlantic Avenue as opposed to having it in front of the restaurant on Ocean Boulevard. Discussion followed, resulting in a suggestion to compromise by restricting the hours for loading and unloading to between 8:00 a.m. and 11:00 a.m. rather than 1:00 p.m. Dr. Alperin moved to approve Resolution No. 4-95, subject to modifying the loading zone hours from 8:00 a.m. to 11:00 a.m., seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - No; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 1 vote. 9.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider accepting 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 January 2 to Janu- ary 13, 1995. Dr. Alperin moved to receive and file the report, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.B. APPEAL OF HISTORIC PRESERVATION BOARD ACTION: Consider an appeal of the Historic Preservation Board's denial of a Cer- tificate of Appropriateness to allow a free standing sign to be constructed at Villa Delray, 127 S.E. 7th Avenue, in the Marina Historic District. Mayor Lynch pointed out that the Historic Preservation Board had voted to deny the Certificate of Appropriateness by a vote of 5 to 0. Diane Dominguez, Planning Director, clarified that the Historic Preservation Board was not opposed to the sign, but felt that it should be placed on the building as opposed to being a free standing sign which would create additional visual disrup- tion and clutter to the streetscape and would detract from the residential character of the neighborhood. -5- 1/17/95 Ms. Magdalena Popov, property owner, submitted photo- graphs of the Villa Delray building along with photos of other properties in the neighborhood. She stated the building is in a historic area and that free standing signs were pretty much the norm for this type of apartment building during the forties and fifties. She felt a free standing sign would be more in charac- ter with the historic nature of the area and would enhance the appearance of the building. Discussion followed. Dr. Alperin questioned whether there is clear justification to overturn the decision of the Historic Preservation Board. Mayor Lynch clarified that the Historic Preservation Board denied the free standing sign based on four considerations, as follows: (1) the building is located within the RM zoning district which does not allow weekly rentals as they are commercial in nature; thus, the current use is non- conforming; (2) there are other nonconforming seasonal rental buildings in this historic district but only one has a free standing sign. Signs are commercial by nature and are basically inappropriate for residential districts; (3) a nonconforming situation exists with respect to the parking as no designated parking spaces are provided and cars park at random in the front yard. Additionally, no landscaping buffer is provided between the parked cars and the sidewalk. Therefore, adding a free standing sign to the front yard would create additional visual disruption and clutter to the streetscape and would detract from the residential character of the neighborhood; and (4) the appli- cant stated that her tenants know of the apartments by referral or from ads in the paper and that the sign was not a factor in attracting business from people driving past the building. Mayor Lynch advised Ms. Popov that if she could refute the four reasons outlined, that would be a basis for the Commis- sion to consider overturning the Historic Preservation Board. Dr. Alperin suggested the appeal be postponed until the next regular meeting to give the applicant a chance to respond in writing to the four points set forth as the basis for denial. Dr. Alperin moved to postpone consideration of the appeal to the February 7, 1995, regular meeting, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.C. REVISED STORMWATER UTILITY CAPITAL IMPROVEMENT PROGRAM: Consider approval of the revised Stormwater Utility Capital Improvement Program which increases the proposed expenditures in FY 94/95 by approximately $1,600,000 and provides for the con- struction of pump stations on Seasage Drive, Miramar Drive, Waterway Lane, Beach Drive, Island Drive, Harbour Drive and rehabilitation of the pump station on Thomas Street; with funding through short term financing scenario. -6- 1/17/95 Mr. Randolph moved for approval of the Revised Stormwater Utility Capital Improvement Program with short term financing, seconded Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.D. SERVICE AUTHORIZATION NO. 22/HAZEN AND SAWYER, P.C.: Consider Service Authorization No. 22 to the contract with Hazen and Sawyer, P.C., in the amount of $48,418.00, for engineering services for design and construction of new pump stations on Miramar Drive and Atlantic Avenue. Funding will be available from Stormwater Utility - Miramar Drive Pump Stations (Account No. 448-5411-538-62.45) and Atlantic Avenue Pump Stations (Ac- count No. 448-5411-538-62.46), through proceeds from short term note. The City Manager stated this service authorization is for engineering services to design the pump station which will service Miramar Drive and Atlantic Avenue. Probably one pump station will serve both locations. Mr. Ellingsworth moved to approve Service Authorization No. 22 with Hazen and Sawyer, P.C., in the amount of $48,418.00, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.E. WEST ATLANTIC AVENUE GREENWAY PLAN PHASE III: Consider approval of the West Atlantic Avenue Greenway Plan Phase III for the current fiscal year, in the amount of $25,000 with funding to be shared 50/50 between the City and the Community Redevelopment Agency. Funding of the City's share ($12,500) is available from General Construction Fund - Greenway Plan/West Atlantic Avenue (Account No. 334-4141-572-61.36). The City Manager reported that he had received a letter today from the Community Redevelopment Agency stating that the Board discussed the City's request to participate in funding the project at their January 12th meeting. The Board supported the concept of participation, but their current budget does not have any funds for the project. The Board further discussed that once the disposition of one of the historic houses is resolved and the CRA frees up funds, the CRA would at that time be able to make a commitment for the project. Discussion followed on the priority of the four loca- tions proposed by staff. It was the consensus of the Commission to proceed with locations 1. (Lot at N.W. 9th Avenue) and 2. (N.W. 10th Avenue - fence/ficus hedge option), and hold off on 3. (S.W. 7th Avenue west of Schulers) and 4. (N.W. 7th Avenue north of Amoco Station) until the CRA is able to participate. 1/17/95 Mr. Ellingsworth moved to approve the West Atlantic Avenue Greenway Plan Phase III as modified to include locations (1) and (2) and delete locations (3) and (4) until the CRA is able to participate in the funding, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.F. BEAUTIFICATION PLANS FOR WEST ATLANTIC AVENUE: Consid- er approving the final landscape plans for West Atlantic Avenue (between the CSX Railroad and Military Trail) as prepared by Cotleur Hearing, Inc., and authorize bidding the project. Nancy Davila, City Horticulturist, stated the consul- tants are present this evening to present the final drawings and respond to any questions the Commission may have. The prelimi- nary plans were presented to the Commission on July 5, 1994, and the consultants were authorized to proceed with the final draw- ings. This involved meeting with FDOT in an effort to get cer- tain variances. Also, application was made for grant funding from Beautiful Palm Beaches which was received in the amount of $60,000.O0. Mr. Rob Cotleur, Cotleur Hearing, Inc., gave a brief presentation on the changes between the preliminary plans and the final drawings as a result of the variances sought from FDOT. A total of $90,000.00 has been received in grant funding; $30,000 from FDOT and $60,000 from the County Roadway Beautification Program/Beautiful Palm Beaches. On question from Mayor Lynch, Mr. Cotleur stated that the actual cost of the project is $276,000.00, including contin- gency. The City Manager stated the funding source is the Decade of Excellence Bond. Mr. Cotleur further stated that the time frame for project installation, from the date of bid award, will probably be from 90 to 120 days. Ms. Davila was hopeful that the bid would be advertised by the end of January. Allowing a three week response period, she felt the recommendation for bid award would likely be back before the Commission towards the end of February or early March. For the record, Mayor Lynch clarified that the project should then be complete no later than October 1, 1995. Mr. Ellingsworth moved to approve the Beautification Plans for West Atlantic Avenue, with authorization to bid the project, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.G. CHANGE ORDER NO. 2/SUN ART PAINTING CORPORATION: Consider Change Order No. 2 to the contract with Sun Art Painting Corporation for repainting the Water Treatment Plant. The change order is in the amount of $6,300.00 and includes a 28 calendar 8 1/17/95 day contract extension. Funding is available from Water & Sewer Maintenance - Buildings (Account No. 441-5143- 536-46.10). The City Manager stated the additional coat of urethane would increase the life and durability of the paint job at the Water Treatment Plant. Mayor Lynch reiterated his position that this is the type of thing that should have been recommended by the consul- tant, at least as an option to extend the life the paint job, even though it was not specifically asked for by staff. He feels this is what consultants should be doing when they are hired by the City to prepare specifications; present alternatives so that a decision can be made by the Commission prior to putting a project out to bid. Dr. Alperin moved to approve Change Order No. 2 with Sun Art Painting Corporation in the amount of $6,300.00 which includes a 28 calendar day contract extension, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - No. Said motion passed with a 4 to 1 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearing portion of the Agen- da. 10. Public Hearings: 10.A. ORDINANCE NO. 5-95: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Subheading "Emergency Medical Services", of the City Code to revise definitions, enact new fees, provide for a method for collection of fees, and desig- nate the Fire Department as the provider for advanced life sup- port and emergency medical services within the City of Delray Beach. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 5-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SER- VICES: EMERGENCY MEDICAL SERVICES," SECTION 96.65, "DEFINITIONS," TO PROVIDE FOR REVISED DEFINITIONS FOR THE TERMS "BASIC LIFE SUPPORT SERVICES," AND "ADVANCED LIFE SUPPORT"; REPEALING SECTION 96.66, "EMERGENCY MEDICAL SERVICES; FEES"; ENACTING A NEW SECTION 96.66 "EMERGENCY MEDICAL TRANSPORTATION FEES," TO PROVIDE FOR FEES FOR EMERGENCY MEDICAL TRANS- PORTATION, AND FOR ANNUAL ADJUSTMENTS PURSU- -9- / 7/95 ANT TO THE INFLATION INDEX CHARGE; REPEALING SECTION 96.67, "BILLING AND COLLECTION OF EMERGENCY MEDICAL SERVICE FEES; COSTS AND ATTORNEY'S FEES."; ENACTING A NEW SECTION 96.67, "COLLECTION OF EMERGENCY MEDICAL SERVICE FEES," TO PROVIDE FOR A METHOD FOR COLLECTION OF EMERGENCY MEDICAL SERVICE FEES; ENACTING A NEW SECTION 96.68, "EMERGENCY MEDICAL SERVICES AND ADVANCED LIFE SUPPORT PROVIDER," TO DESIGNATE THE CITY OF DELRAY BEACH FIRE DEPARTMENT AS THE PROVIDER FOR ADVANCED LIFE SUPPORT AND EMERGENCY MEDICAL SERVICES WITHIN THE CITY OF DELRAY BEACH; PROVIDING A SAVINGS C~AUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 5-95 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 public hearing was closed. Discussion ensued relative to the analysis prepared by staff on EMS cost of service and calculation of base rates. Mrs. Smith moved to approve Ordinance No. 5-95 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Mrs. Smith - Yes. Said motion passed with a 4 to 1 vote. 10.B. ORDINANCE NO. 1-95: An ordinance repealing Chapter 112, "Alarm Systems", of the City Code in its entirety, and enacting a new Chapter 112, "Alarm Systems", to provide for the regulation of alarm systems. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 1-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XI, "BUSINESS REGULATIONS". OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING CHAPTER 112, "ALARM SYSTEMS", IN ITS ENTIRETY, AND ENACTING A NEW CHAPTER 112, "ALARM SYSTEMS", TO PROVIDE FOR THE REGULATION OF ALARM SYSTEMS WITHIN THE CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. -10- 1/17/95 (Copy of Ordinance No. 1-95 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. Joe Camarotta, Tropic Palms Homeowners Association, stated that the Town of Ocean Ridge has a system whereby an individual has the choice to register with a private company which calls the Police Department or to register directly with the Police Department. He felt this might be a possibility for Delray Beach. The public hearing was closed. Mr. Randolph moved to approve Ordinance No. 1-95 on Second and FINAL Reading, seconded by Mrs. Smith. Prior to roll call Dr. Alperin brought attention to the use of the word "deactivate" in certain sections of the ordinance and suggested clarification between the words "disconnect" and "deactivate" Eric Hightower, Police Legal Advisor, stated he would review the ordinance and make the necessary corrections. Mr. Randolph amended his motion to approve Ordinance No. 1-95 on Second and FINAL Reading, subject to the necessary revisions to differentiate between "disconnect" and "deactivate". Mrs. Smith amended her second to the motion. Prior to roll call, Mayor Lynch asked for a consensus on the issue of the City Manager looking into, from a budget standpoint, the possibility of the Police Department taking over direct response to alarms. The consensus of the Commission was to have the City Manager discuss the matter further with the City Attorney and come back at a later date with their thoughts and/or concerns. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINAI~CE NO. 4-95: An ordinance rezoning a 10.23 acre parcel of land from PC (Planned Commercial) District to RM (Medi- um Density Residential) District. The subject property is locat- ed on the south side of Lindell Boulevard, between South Dixie Highway and South Federal Highway. By prior action of the Commission under Item 4., Agenda Approval, Item 10.C. was postponed to a date not later than April 30, 1995. -11- 1/17/95 10.D. ORDINANCE NO. 3-95: An ordinance amending Section 4.4.10, "Automotive Commercial (AC) District", Subsection 4.4.10(H), "Special Regulations", of the Land Development Regula- tions by adding a subparagraph (5) to provide for relief froTM open space requirements, subject to required findings. Planning and Zoning Board recommends approval. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 3-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.10, AUTOMOTIVE COMMERCIAL (AC) DISTRICT", SUBSECTION 4.4.10(H), "SPECIAL REGULATIONS" OF THE LAND DEVELOPMENT REGULA- TIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A SUBPARAGRAPH (5) TO PROVIDE FOR RELIEF FROM OPEN SPACE REQUIREMENTS, SUBJECT TO REQUIRED FINDINGS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 3-95 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 public hearing was closed. There being no discussion, Mr. Ellingsworth moved to approve Ordinance No. 3-95 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - No; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 1 vote. 10.E. ORDINANCE NO. 2-95: An ordinance amending Section 2.4.2, "Notice Requirements", Subsection 2.4.2(B) (1) (a), "Annexa- tions'', Section 2.4.5(C), "Annexation of Territory", and Article 4.2, "Annexation and Initial Zoning", of the Land Development Regulations to clarify notice and procedural requirements for voluntary and non-voluntary annexations. Planning and Zoning Board recommends approval. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 2-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.2, "NOTICE REQUIREMENTS", SUBSEC- TION 2.4.2(B)(1)(a), "ANNEXATIONS", SECTION 2.4.5(C), "ANNEXATION OF TERRITORY", AND ARTICLE 4.2, "ANNEXATION AND INITIAL ZONING", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, TO CLARIFY NOTICE AND PROCEDURAL REQUIREMENTS FOR BOTH VOLUNTARY AND NON-VOLUNTARY ANNEXATIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 2-95 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 public hearing was closed. Mr. Randolph moved to approve Ordinance No. 2-95 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. At this point on the agenda, Mayor Lynch welcomed County Commissioner Mary McCarty to the meeting. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. 11.A. City Manager's response to prior Dublic comments and inquiries. The City Manager responded to an inquiry made at the December 13, 1994, meeting regarding the City's responsibilities in the case of a hazardous substance spill such as the recent incident where the oil from Delray Mazda went into the canals in Tropic Isles. The City's Environmental Analysis and the Director of Environmental Services met with Mrs. Jean Beer to discuss the role of the City and Palm Beach County concerning the Delray Mazda spill and how to prevent future spills, and the National Pollutant Discharge Elimination System regulations on stormwater runoff in parking lots. It was explained that the City is not responsible for these regulations; however, staff is contacting Palm Beach County Environmental Resources Management Tanks Divi- sion to obtain details on their enforcement actions against Delray Mazda and their plans to prevent this type of discharge from occurring in the future. Staff will also review the current NPDES regulations which cover this type of discharge. In response to another inquiry from December 13th asking that the Land Development Regulations be amended to re- flect a time limitation on building permits, the City Manager stated the Building and Zoning departments are looking into this to determine what action can be taken. -13- At the meeting of January 3, 1995, there was an inquiry from Ms. Fredda Weinberg about being allowed to use the Police Substation again for the computer learning center. The center is being used daily by Mrs. Frances Carter as a computer component to her tutoring program. There are neighborhood children in- volved in this program in exchange for the use of the facility. As part of the Kids and Cops Program, Officer Robin Smith is currently training two persons to work with Atlantic Gardens children. So the computer learning center at the Atlantic Gar- dens facility is being used with the young people in the area. Ms. Weinberg, however, was not willing to work within the limita- tions which are necessary at this facility as a Police substation and staff does not feel it would be appropriate for her to return to that facility. The City has offered to make other facilities available to her and has suggested a number of other organiza- tions within the community with which she might work. Regarding an inquiry about the condition of landscaping and general appearance along Lake Ida Road, the City Manager reported that the last of the flowering trees are being installed this week between Barwick Road and Military Trail. Another issue is the appearance of the fences along the Chatelaine subdivision. At the time the City developed our plans, this area had a lot of vegetation which served to soften the appearance of the fences. The County has since come in and removed the exotic vegetation and now the appearance of the fences is very obvious. The City does not have any basis for citing the appearance of the fences; our codes are directed at fences that are in a state of disre- pair. Chatelaine needs to handle this internally through en- forcement of their covenants. As a homeowners association, they should also address the condition of the swale area between the fences and the paved portion of the right-of-way. City staff is willing to meet with representatives of the Chatelaine Homeowners Association to assist them in determining what improvements they can make which would be a basis for the City to add to these improvements. If they could arrange to have the backside of the fences painted the same color and provide sod and irrigation in the swale, the City has enough funds available to consider plant- ing some groupings of native materials to further soften the fences. This would have to be with the understanding that Chatelaine would maintain the improvements within this area just as other subdivisions have agreed. ll.B. From the Public. 11.B.1. Joe Camarotta, Tropic Palms, stated he feels something should be done to give Code Enforcement more power. His percep- tion is there is a lack of effectiveness and they can't seem to get anything done. Mr. Camarotta cited an example of Code En- forcement's response time to his request to have an abandoned vehicle removed from his neighborhood. -14- 1/17/95 In response to question from Mayor Lynch, Mr. Richard Eckerle, member of the Code Enforcement Board, stated there are many cases to be heard and the Board makes every effort to pro- cess cases as quickly as possible. However, there are rules and regulations to be followed. Mayor Lynch suggested the Code Enforcement Board review any issues which they believe should be addressed by the Commis- sion, and a joint meeting be scheduled to discuss these issues. 11.B.2. Jean Beer, Tropic Isles, concurred with the need for more effective Code Enforcement. She expressed the opinion that more tickets or citations should be issued and tougher regula- tions should be enforced by the Code Enforcement Board. Ms. Beer further stated that the north and south City entrance signs on Federal Highway look rather worn. With this being the City's Centennial, the City should look its best and the signs should be fixed up and painted. At this point, the Commission moved to the First Read- ings portion of the Agenda. 12. First Readings: 12.A. ORDINANCE NO. 6-95: An ordinance annexing to the City that property consisting of High Point West and surrounding areas, subject to approval by a majority of those registered electors voting in the area proposed to be annexed at a referen- dum election on annexation to be held on March 14, 1995. If passed, public hearing on February 7, 1995. The City Manager presented Ordinance No. 6-95. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY A COMPACT AND CONTIGUOUS AREA OF UNINCORPORATED LAND GENERALLY EXTENDING FROM THE NORTHERN LIMIT OF HIGH POINT WEST SOUTH TO THE L-34 CANAL, WEST TO THE E-3 CANAL AND EAST TO MILITARY TRAIL, AND INCLUDING FOUR PROPERTIES ON THE EAST SIDE OF MILITARY TRAIL GENERALLY LOCATED SOUTH OF THE UNITED STATES POST OFFICE, AND AS MORE PARTICULARLY DE- SCRIBED IN EXHIBIT "A" TO THIS ORDINANCE; PROVIDING A LEGAL DESCRIPTION OF THE PROPERTY PROPOSED TO BE ANNEXED; REDEFINING THE BOUND- ARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON MARCH 14, 1995, WITHIN THE AREA PROPOSED TO BE ANNEXED; DIRECTING THE CITY CLERK OF THE CITY OF DELRAY BEACH TO PUBLISH NOTICE OF THE REFERENDUM ON ANNEXATION; -is- i/17/95 PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch opened the floor to public comment. Ms. Cindy Hall, resident of Conklin Drive, who ex- pressed her opposition to the proposed annexation by referendum. She felt the residents along Conklin Drive should be given the same opportunity to address their concerns as the residents of High Point West have been given, and certainly prior to second reading of the ordinance which is scheduled for February 7, 1995. At this point, the City Manager reported that staff has met so far with two different sections of High Point West. They have raised a lot of questions and issues which still need to be addressed. As Ms. Hall has indicated, there are more property owners who need to have their questions answered. In view of this, staff is recommending the Commission not proceed with first reading of the ordinance this evening to allow more time to respond to questions and concerns raised by the affected property owners. It is staff's impression that if we proceed with the March 14th date for the annexation referendum, there will not be sufficient time for adequate consideration of the issues in- volved. The City Manager further stated that a report concern- ing the High Point West utility system has been provided to the Commission in the agenda packet. He asked that the Commission go ahead and commit this evening to taking on the maintenance of that system if the area is annexed. Staff examined the system and found it to be in very good condition. On question from Mr. Ellingsworth, the City Manager stated he would not want to set a date certain for reconsidera- tion of the annexation ordinance, but would prefer to leave it open at this point. A possible target date might be April, 1995. Mayor Lynch asked for a consensus on assuming mainte- nance responsibility for the High Point West utility system if that area is annexed to the City. It was the unanimous consensus of the Commission to support staff's recommendation to assume maintenance responsibility for the system. At this point, the City Attorney recommended that Ordinance No. 6-95 be voted down by the Commission since it references a specific date for the referendum. A new ordinance would be brought forward at the appropriate time. Mr. Randolph moved to deny Ordinance No. 6-95 on FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the Com- mission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; -16- 1/17/95 Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 7-95: An ordinance amending Section 101.35(F) of the City Code by increasing the permit fee for boat storage on the municipal beach. If passed, public hearing on February 7, 1995. The City Manager presented Ordinance No. 7-95. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 101.35, "STORING BOATS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 101.35(F) TO PROVIDE FOR AN INCREASE IN THE PERMIT FEE FOR BOAT STORAGE ON THE MUNICIPAL BEACH; PROVID- ING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AN AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. On question from Mayor Lynch, the City Manager stated we currently issue 40 permits. In discussing this at the January 10th workshop, the Commission had asked that staff try to in- crease the number to sixty. The City cannot arbitrarily do that. We have to go to the State and get permission to increase the number of permits. Mr. Ellingsworth asked what the City's liability is if someone is injured in the boat storage area or if a boat is stolen? Is there some sort of an agreement which a permit holder signs when the fee is paid to release the City from liability? The City Attorney stated there is probably a hold harmless provi- sion. However, she will review the agreement or documents to make sure this is addressed. Mayor Lynch opened the floor to public comment. Gabriel Liegey, boat owner and permit holder, expressed his opposition to any increase in the fee for boat storage per- mits. Mr. Liegey suggested additional storage space be made available since there are many more people who would be interest- ed in getting a permit to store their boats. Mayor Lynch explained that the City is trying to get more spaces, but it has to be approved by the State which may not happen. There is a great demand for the permits, and some of the people who get them abuse the system by using the beach location as cheap storage for their boats. Staff has proposed the fee increase as one means to help solve the problem. Mayor Lynch informed Mr. Liegey that the Commission will be happy to consider any suggestions he might have for a better solution. -17- / 7/95 At this point, Joe Dragon, Assistant Director of Parks and Recreation, advised the Commission that he has had an initial discussion with a representative from the Florida Department of Environmental Regulation who informed him that there has already been a preliminary denial of the City's request to add more boat storage space because of problems encountered with the sea tur- tles. It was emphasized by the City Manager that the boat storage permits are a commodity that are very much in demand. One of the reasons they are in demand is because the price is cheap. If the price is raised, the demand may be reduced. He further noted that there was a suggestion made to issue the permits by lottery. However, that idea was rejected by the people who have the permits. So the fee increase is another approach to the problem. Mike Thompson, boat owner and permit holder, stated that he personally did not object to the proposed fee increase. However, he urged the Commission to pursue increasing the number of slots that are available since there are many more people who would like to have them. He further stated that to the best of his knowledge, all of the boat owners are respectful of the sea turtles and go out of their way to avoid the turtle warning signs. Mr. Ellingsworth moved to approve Ordinance No. 7-95 on FIRST Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith. Said motion passed with a 5 to 0 vote. 12.C. ORDINANC~ NO. 8-95: An ordinance designating the Solomon D. Spady House located at 170 N.W. 5th Avenue as a local historic site. If passed, public hearing February 7, 1995. The City Manager presented Ordinance No. 8-95. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE SOLOMON DAVID SPADY HOUSE, LOCATED AT 170 N.W. 5TH AVENUE, AS MORE PARTICULARLY DE- SCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MAN- NER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Randolph moved to approve Ordinance No. 8-95 on FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- / 7/95 dolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 12.D. ORDINAI~CE NO. 9-95: An ordinance designating the Susan Williams House located at 30 N.W. 3rd Avenue as a local historic site. If passed, public hearing February 7, 1995. The City Manager presented Ordinance No. 9-95. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE SUSAN WILLIAMS HOUSE, LOCATED AT 30 N.W. 3RD AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA 1004" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Ellingsworth moved to approve Ordinance No. 9-95 on FIRST Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. Mr. Randolph recognized and complimented Ms. Vera Farrington, member of the Historic Preservation Board, who has worked very hard to get these homes designated as historic sites. At this point, the Commission returned to the Regular portion of the Agenda. 9.H. APPOINTMENT OF LIAISON TO STATE REPRESENTATIVE WILLIAM F. ANDREWS, DISTRICT 87: Consider the appointment of a liaison to Representative William F. Andrews for issues related to State government. The City Manager stated that Commissioner Smith has indicated she would be interested in this appointment. Dr. Alperin moved for the appointment of Commissioner Smith as liaison to Representative William F. Andrews, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.I. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint an alternate member to the Code Enforcement Board for a three year term ending January 14, 1998. -19- 1/17/95 Mayor Lynch stated that he wished to appoint B. Hilary Carpenter as an alternate member/real estate position on the Code Enforcement Board. Mr. Ellingsworth so moved, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.J. RESOLUTION NO. 5-95: Consider Resolution No. 5-95 in support of the construction of a direct connector between Inter- state 95 and Palm Beach International Airport, known as "Build Alternative 3A-2" The City Manager presented Resolution No. 5-95. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING STATE OF FLORIDA DEPARTMENT OF TRANSPORTA- TION, PROJECT NO. 93220-1465, BUILD ALTERNA- TIVE 3A-2, INTERSTATE 95/PALM BEACH INTERNA- TIONAL AIRPORT DIRECT CONNECTOR. (Copy of Resolution No. 5-95 is on file in the official Resolution Book) Mary McCart¥, Palm Beach County Commissioner, informed the Commission that the municipalities of Boynton Beach, Boca Raton, Lantana, Hypoluxo, Jupiter, Palm Beach Gardens have all adopted resolutions in support of the construction of the direct connector. She noted that the City of West Palm Beach is op- posed, primarily because there is a very well organized and vocal neighborhood in West Palm Beach which feels that any action in support of the airport's efforts will, in turn, put more planes in Palm Beach County. That, however, is not the case with the interconnect. If it is not built with federal dollars, the alternative will be for Palm Beach County taxpayers to pay $11 million to improve Southern Boulevard and Belvedere Road. Mr. Ellingsworth moved to approve Resolution No. 5-95, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.K. DELRAY BEACH RAILROAD STATION PROJECT: Consider Worthing Park site for the railroad station, and authorization of City resources to develop a site plan and a foundation plan for this project. Mayor Lynch informed the Commission that he and Bob Cullen, Project Coordinator, recently met with a representative of Sun Bank in a last ditch effort to see if they would consider offering their parking lot on Atlantic Avenue for the permanent -20- 1/ 7/95 location of the historic railroad station. Sun Bank has decided they really need the parking lot; however, they would be willing to work with us to put the station to the south of the parking lot with access through the parking lot from Atlantic Avenue. Further, the Chamber has indicated they would also be amenable to looking at this arrangement. There is some feeling that the station would be overbearing in Worthing Park and would look somewhat out of place, being a railroad station not on a rail- road. Mr. Bob Cullen clarified that Sun Bank had not agreed to place the station on the back of their parking lot, but rather they would agree to provide a pathway through their parking lot back to the FEC property if the station could be sited there. However, he is not prepared to pay $324,000 for the FEC's parcel of land. Mayor Lynch stated that purchasing the FEC property isn't contemplated, but perhaps a deal could be worked out with FEC to let the railroad station be located there. Dr. Alperin raised the point that discussions have been going on about start- ing passenger service along the FEC corridor. Mayor Lynch con- curred, noting that perhaps FEC would be interested in having the station there not only for nostalgic purposes, but also as a potential stopping station if passenger service is instituted in the future. It was the consensus of the Commission to approach the people at FEC to see if something can be worked out. If not, we can always go back to Worthing Park. Mayor Lynch then asked if the City would authorize funding for a site plan and a foundation plan for the project. The City Manager stated that he thought the mover would design and build the foundation as a part of the moving costs. He felt the City could certainly do the site plan, but he would be sur- prised if there was a need to do a separate foundation plan. Mr. Cullen stated he would check with the mover (Adair) as to what exactly is included in the price. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manaqer. The City Manager announced that the Fire Department had attempted to conduct the controlled burn at the Leon Weekes Preserve today. However, the conditions were too wet. Another attempt will be made at a later date when things have dried out a bit, possibly next week at the earliest. In response to Mayor Lynch's inquiry regarding the publicity for the Annual Town Meeting which will be held on January 31, 1995, the City Manager stated that public service announcements were sent to Leadership Cable on January 6, 1995. -21- 1/17/95 On the same date press releases were sent to local newspapers and WDBF radio station. Also, an article was published in the NEWS FOR NEIGHBORHOODS during the week of December 27th. Letters will also be sent to all neighborhood associations and to various organizations, such as the Chamber of Commerce. Mayor Lynch had also suggested that the Planning and Zoning Board review the City's housing supply to ensure that an acceptable balance of housing stock (rental, owner-occupied, low to medium and high income) is achieved. The City Manager stated this issue will be discussed at the next Planning and Zoning Board meeting. They will be setting up a committee to conduct a study and will probably require the assistance of one of our market research consultants. The Planning Director anticipates this study will take several months to complete, but feels the results will be very useful and can ultimately be incorporated into a new Housing Element in the Comprehensive Plan. The City Manager responded to Commissioner Smith's inquiry regarding left turn signalization at the intersection of Lake Ida Road and Barwick Road. A written request has been forwarded to the County asking that a study be conducted to determine if a protected left turn is warranted. In response to Mayor Lynch's inquiry regarding individ- uals rummaging in dumpsters, the situation is being monitored for those dumpsters which are known to be commonly used for this purpose. The focus is in the downtown area, particularly the dumpster behind the Goodwill store. The downtown area is also targeted because people looking for aluminum cans tend to do well in areas where there are restaurants. In this regard, one recy- cling container has been changed and two new trash containers have been added behind the Library and the City has required the Cafe Roma to have its own individual dumpster. In appears that this change has made the situation better, at least for the time being. The situation will continue to be monitored in the hope of identifying those persons who do the rummaging and an effort made to discourage them. Additionally, the City has requested the Goodwill store to bring its dumpster inside during the eve- ning hours, which should limit the amount of access, although it is not known yet if Goodwill will agree to this suggestion. Mayor Lynch asked the City Manager to forward this information to Carolyn Cunningham (Westside Liquors). 13.B. City Attorney. No comments. 13.C. City Commission. 13.C.1. Mrs. Smith inquired as to the status of the Veterans Park construction. The City Manager stated the construction is progressing nicely, but was unable to give a definite completion date. -22- 1/17/95 Mrs. Smith expressed appreciation and congratulations to the Volunteer Parking Enforcement Program. She noted the number of car break-ins has been reduced and the parking meter income has increased. Mrs. Smith asked about the status of the Leadership for Students program which had previously been discussed by the Commission as a means to inform young people about government and how it is run. Mayor Lynch responded there had been some discussion on this issue VISIONS 2005. Responsibilities will be allocated to various groups (Chamber of Commerce, City, CRA, School Board, etc.) on how best each can participate in this program. Lula Butler, Director of Community Improvement, advised that a meeting for this program had to be cancelled for January and had not yet been rescheduled. A citizen has volunteered to chair the Leadership for Students and a meeting will be set up soon with the City Manager and the Mayor for an update. She stated that a public announcement is proposed which will inform area churches and public organizations of the creation of a student council which will train young people to become leaders in the community. Mr. Roland Williams has volunteered his time to work on the program and will be using the Chamber of Com- merce's Leadership Program as a guide. Mayor Lynch stated that a breakdown of the activities for VISIONS 2005 outlining time frames and responsibilities will probably be available sometime during the month of April. 13.C.2. Dr. Alperin had no comments. 13.C.3. Mr. Ellingsworth asked what department should be noti- fied if a problem or situation is identified which needs atten- tion (for example, a tree may have blown down, etc.). The City Manager responded that the inquiry should be forwarded to the department responsible for handling the situa- tion. If it is not clear which department, then the problem should come to the City Manager's Office for referral to the appropriate department. Mr. Ellingsworth asked if employees who are regularly out in the field (Police, Fire, Streets, etc.) look for these types of things as part of their regular duties. The City Manag- er stated employees who patrol the streets are encouraged to look out for things of this nature, report them and have them taken care of. 13.C.4. Mr. Randolph inquired as to status of the new swimming pool at Pompey Park. -23- 1/17/95 Joe Dragon, Assistant Director of Parks and Recreation, stated the department has not yet heard from the architect on the final design. However, it is expected soon at which time the bidding process will begin. On question from Mayor Lynch, the City Manager stated that the final design from the architect is due by the end of the month (January, 1995). It is his recollection that construction of the pool project is to be complete by June or July of 1995. 13.C.5. Mayor Lynch stated that he had received telephone calls from Don Elliott and Scott McOwen regarding the paving in front of houses in the northwest section. Apparently, when someone comes in for a permit on paving in front of their house, if it interferes with water flow, we won't let them repave it. At Mr. Elliott's home, he reported that the City's contractor came out and dug up his paving and are replacing it with sod. Mayor Lynch asked if the City is doing this type of program? The City Manager explained that the only time we are removing paving is if we are reconstructing the street and we don't build it back. Mayor Lynch stated that he felt if the property was already there and they didn't have any flooding, should we be doing this? He asked if this policy had been discussed by the Commission and direction given in this regard? The City Manager stated that he did not recall if the Commission had ever discussed this particular issue apart from different aspects of the drainage problem. He noted that if someone's property is at the top of a hill, they are not going to have a water problem. But having that area paved makes the water run off faster and means there is more run off because less of the water soaks in the ground where it falls. It may not have any effect at all on the property where the parking is located and any individual parking area has no effect, but when you add up hundreds of them like we have in the northwest area, the combined effect contributes significantly to the drainage prob- lem. There are some areas where the Engineering staff feels a major source of the problem is that so much of the swale has been paved over the years. Mayor Lynch noted that Mr. Elliott's particular situa- tion is that at one time his property was in the County and then was annexed to the City. Now after being annexed, he is losing his paved parking. He has lived at this location for many years and does not recall any flooding problems, but now his driveway is too short and he can't fit in a third car. Mayor Lynch asked if perhaps the City should be looking at individual circumstances or if we're just doing this as a blanket policy? The City Manager stated that the City's approach has been very consistent so far. However, it is the Commission's -24- 1/17/95 prerogative to workshop the matter and perhaps give staff differ- ent policy direction. Lengthy discussion ensued, with Mayor Lynch suggesting that a lot of problems could probably be avoided if staff would personally contact the individuals who are having problems or are being affected. Alternatives to help them with their situations could be suggested as well as an explanation of why the work is necessary to solve drainage problems. He felt it would be good public relations and a good policy for the City. Mayor Lynch reported that he had attended an Intergovernmental Summit in Tallahassee recently. Palm Beach County was cited as something of a model for the way our Munici- pal League gets along so well with the County. Efforts are underway to try to put a program together where city and county governments will come together to meet once a year to discuss issues which need to be addressed by the State, such as the unfunded mandates. In regard to Office Depot's inquiry as to how they can become more involved in the City, a meeting will be set up soon to discuss issues where the City could use their help such as tutoring programs for the "I Have A Dream" program, Boys and Girls Club, etc. Then a full scale program will be put together to show them the City, including a bus tour. With respect to the proposed park adjacent to Pine Grove Elementary School, Mayor Lynch stated that County Commis- sioner Mary McCarty has agreed to give $40,000.00. He asked if the City is going to set up a program to raise matching funds, and suggested a program similar to what was done at the Veterans Park playground where residents volunteered their time to get the project done. He felt that a log of good will came out of the Veterans Park playground and that a similar effort would be good for Pine Grove. Mayor Lynch stated he had received a letter from United States Representative Clay Shaw asking for input on how govern- ment at the federal level could be of assistance to local govern- ments. He requested the City Manager to respond to the inquiry. Mayor Lynch advised that he and Assistant City Manager Barcinski will be meeting with Larry Zabik, Palm Beach County School Board, to discuss some ideas for the Sharing for Excel- lence Program. He anticipated setting up a joint meeting for the Commission and the Palm Beach County School Board in the near future. Another topic of discussion will be Atlantic High School and acquisition of the property across the street through a joint venture between the County, the City and the School Board. He noted the County would like the land for additional parking for the Aqua Crest swimming pool. The City would like to use the property to help correct the overcrowding situation at the high school. -25- 1/17/95 Dr. Alperin pointed out that he is a member of the special task force appointed by the Commission which has been meeting for the purpose of formulating recommendations for the use of this property. Mayor Lynch asked if the task force could possibly make its recommendation prior to February, 19957 Dr. Alperin stated that the task force has a meeting on February 2nd to review a preliminary plan by the School Board staff of what uses could be made of the property. There have been some recommendations to put up a field house, which would include a gymnasium and other indoor courts, with the possibility for after school use, and which would also provide more parking. Regarding the South County School Board program which the Commission had voted for, Mayor Lynch reported that both Boynton Beach and Boca Raton have indicated their support for it. Mayor Lynch asked if the other members of the Commis- sion had received a letter about road widening of Federal Highway from Linton Boulevard down to Glades Road? Apparently a study is underway now, so if the City has concerns or comments, they should be expressed now. Mayor Lynch stated that he is a little concerned about the upcoming Centennial celebration and if any one group has taken the lead to coordinate the whole thing, other than Carolyn Zimmerman. He felt there should be a defined group responsible for overseeing it, including a representative from the City, the Joint Venture, and whoever else. He asked the City Manager to consider having Nancy King as the City liaison. Mrs. Smith stated she knows the Chamber of Commerce does not want to take on the lead agency role since it already has so much going on. She asked the City Manager if the City could take on the responsibility? The City Manager stated he felt Nancy King could certainly work with it; however, both he and the Assistant City Manager currently have very heavy work- loads. Discussion ensued, with the general consensus being that a core group be established by the City Commission to serve essentially as the coordinating committee for the Centennial. Suggested members were Marjorie Ferrer (Joint Venture), Nancy King (City), Carolyn Zimmerman, a representative from the Chamber (Bill Wood was suggested, or his designee), Commissioner Smith from the Commission, and Mrs. Spencer Pompey. Mayor Lynch asked that this issue (Special Committee for the Delray Beach Centennial - 1995) be considered by the Commission at a regular meeting during the month of February, 1995. He suggested that if any Commissioner would like to add a -26- 1/17/95 name for consideration, to please forward it to Mary Dostal in the City Manager's office. With respect to the Farmers' Market concept brought up by Mrs. Smith at the last meeting, Mayor Lynch referred to a recent newspaper article, "South County Fertile Ground for Farm- ers' Market", which went on to say, "... downtown Delray would be the prime location. Anyone who thinks that there is no room has never been to New Orleans. If trucks and merchants can make it through the narrow streets of the French Quarter, they can do it on Atlantic Avenue." He asked if the Commission would be inter- ested in looking at it further? It was the consensus of the Commission to refer the information to the City Manager for further review by staff. On the matter of consultants, Mayor Lynch asked if it would be appropriate for the City to send a letter to all of the consultants we use advising them of the City's expectations. He felt the ideal would be for a consultant to propose what they feel the City should do, and then give options for other things they feel the City might want to consider for a project, instead of coming back after the fact with change orders. The City Manager stated he would put together a letter to so advise our consultants. There being no further business, Mayor Lynch declared the meeting adjourned at 9:00 p.m. J City ~lefrk ' ' ATT~~~~_~ · M~O R The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Min- utes of the meeting of said City Commission of January 17, 1995, which Minutes w~re/ formally approved and adopted by the City Commission on ~£f~f~fL~L/ 7~ /~g~ ~City' C~er~ - r NOTE TO READER: If the Minutes you have received are not completed as indicated above, then 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 to the Minutes as set forth above. -27- 1/17/95