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03-21-95 MARCH 21, 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 6:00 P.M., Tuesday, March 21, 1995. iA. Oath of Office. The Oath of Office was administered by the City Clerk to Mrs. Barbara D. Smith (City Commission Seat #1) and Mr. Ken- neth C. Ellingsworth (City Commission Seat # 3) both having been reelected without opposition to their responsive seats. The Oath of Office will become effective as of March 30, 1995. 1. Roll call showed: Present - Commissioner Jay Alperin 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 Commissioner Ran- dolph. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda ADproval. Mayor Lynch noted the addition of Item 9.K., BID AWARD/PROFESSIONAL SOUND SERVICES, INC., to the agenda by adden- dum. He pointed out that additional backup material had been provided for the Monterey House (Item 9.D., RESOLUTION NO. 11-95). The City Manager stated that Item 9.E., CLOSEOUT CHANGE ORDER NO. 10 AND FINAL PAYMENT/CHAZ EOUIPMENT COMPANY, INC., has been removed from the agenda. The City Manager requested that Item 9.D., RESOLUTION NO. 11.95, be moved forward on the agenda after Item(s) 9.A. or 9.B. in order to accommodate Mrs. Frances Bourque and Mr. John Johnson who has a conflicting commitment. Mr. Ellingsworth moved to approve the Agenda, as amend- ed, 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 March 7, 1995, 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. 6. Proclamations: 6.A. 2nd Annual Kids and Cops Anti-Drug Rally - March 28, 1995. Mayor Lynch read and presented a Proclamation recogniz- ing March 28, 1995, as the 2nd Annual Kids and Cops Anti-Drug Rally. The Mayor acknowledged the important work of the Kids & Cops Committee which includes the involvement of the Police Department, the Parks & Recreation Department and private enter- prise in educating youth. Officer Jeff Miller, Police Depart- ment, came forward to accept the proclamation. 6.B. United States Naval Sea Cadet Corps Month - April 1995. Mayor Lynch read and presented a Proclamation proclaim- ing the month of April, 1995, as United States Naval Sea Cadet Corps Month and urged all citizens to acknowledge the many con- tributions of the Corps. President John L. Magnon of the Boca/Delray Council Naval League of the Unites States came for- ward to accept the proclamation. He introduced Sea Cadet Paul Ramsey and gave a brief overview of the program. At this point, Mayor Lynch announced that the City of Delray Beach, through the coordination of Lula Butler, Director of Community Improvement and Mr. Roland Williams is trying to bring about more involvement from the City's young people. A Youth Council is being formed and the first meeting will be held at the Community Center during the early evening of Friday, March 31st and will continue through Saturday, April 1, 1995. Mayor Lynch invited anyone in the audience who may have children be- tween the ages of 12 to 17 to encourage their children to attend the Youth Council's meeting. 7. Presentations: None 8. CONSENT AGENDA: City Manager recommends approval. 8.A. APPROVAL OF GRANT REQUEST/CHILDREN'S SERVICES COUNCIL: Approve a request to apply for grant funding in the estimated amount of $280,000 from the Children's Services Council for the 2 3/21/95 1995/96 After School Recreation Programs at four sites within the City. 8.B. AGREEMENT WITH SCHOOL BOARD OF PALM BEACH COUNTY/BEFORE AND AFTER SCHOOL PROGRAM: Approve an agreement with the School Board of Palm Beach County for funding of up to $90,000 for a before-and-after school program for middle school students, to be held at Carver Middle School. 8.C. 1995 DELRAY BEACH SOAP BOX DERBY: Approve a request from the South Florida Soap Box Derby to close Linton Boulevard between U.S. Highway ~1 and A1A on Saturday, April 29 (or rain date of April 30) for the Soap Box Derby Rally and Saturday, May 20, 1995 (or rain date of May 21 for the Delray Beach Soap Box Derby, from approximately 5:00 a.m. until the conclusion of the races; together with related requests for use of City property and overtime for Parks personnel. 8.D. CHILDREN'S SUBSTANCE ABUSE GRANT CONTRACT WITH FLORIDA DEPARTMENT OF HOUSING & REHABILITATIVE SERVICES (HRS): Approve execution of a contract between the City and HRS to provide for the Community Improvement Department to begin administration of the Excel Focus 5 drug prevention program. 8.E. EXTENSION OF PURCHASE CONTRACT/CHURCH OF THE LIVING GOD, NEW MACEDONIA, AND ASSIGNMENT TO HABITAT FOR HUMANITY: Approve an amendment to the contract with Church of the Living God, New Macedonia, to extend the closing date for purchase of a vacant parcel located on S.W. 7th Avenue, and approve the assign- ment of the purchase contract to Habitat for Humanity of Boca- Delray. 8.F. SUBORDINATION OF UTILITY EASEMENT TO PALM BEACH COUNTY: Approve the subordination of an existing utility easement located at the northwest corner of High Point West Section 3 to the property rights of Palm Beach County, in conjunction with right- of-way acquisition for extension of Lake Ida Road west of Mili- tary Trail. 8.G. FINAL PAYMENT/DIGBY BRIDGES, MARSH AND ASSOCIATES: Approve final payment in the amount of $4,160.00 to Digby Bridg- es, Marsh and Associates for professional services related to completion of the Tennis Center Phase III project, with funding from Tennis Center Phase III (Account No. 334-4145-572-63.43). 8.H. DEDUCT CHANGE ORDER NO. 5 AND FINAL PAYMENT/CHAZ EQUIP- MENT COMPANY, INC.: Approve deduct closeout Change Order No. 5 in the amount of $74,660.74, and final payment in the amount of $65,142.70 to Chaz Equipment Company for the Central Business District Alley Reconstruction - Phase II project, with funding in the amount of $23,840.00 from Stormwater Utility Fund - Rabbit Hollowe Drainage (Account No. 448-5411-538-62.44), $5,242.94 from Renewal and Replacement - CBD Alleyways Phase II (Account No. -3- 3/21/95 442-5178-536-61.47), and $36,059.76 from Renewal and Replacement Manhole Rehabilitation (Account No. 442-5178- 536-61.84). 8.I. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION: Ratify Modification to Industrial Waste and Pretreatment Agreement, approved by the SCRWTD Board on July 21, 1994. 8.J. RESOLUTION NO. 25-95: Approve a resolution assessing costs for emergency abatement action required to demolish an unsafe structure at 815-941 S.W. 20th Court. The caption of Resolution No. 25-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 25-95 is on file in the offi- cial Resolution Book) 8.K. AWARD OF BIDS AND CONTRACTS: 1. Contract award - Colonna Asphalt Restoration, Inc. for Project #93-58, Scrap and Impound Lot (includ- ing Spady bus access and N.W. 15th Avenue exten- sion) in the total amount of $77,842.45; with funding in the amount of $35,428.47 from W&S New Capital Outlay (Account No. 441-5161-536- 63.71); $35,144.46 from Decade of Excellence II - Spady Elementary School (Account No. 228-3162-541-61.74); and $7,269.52 from General Construction (Account No. 334-3162- 541-63.10). 2. Bid award - via Florida State Contract to Don Reed Ford for four 1/2 ton pickup trucks with tow package and long cab, in the amount of $73,796 with funding from City Garage Fund (Account No. 501-3312-591-64.20). 4 3/21/95 3. Bid award to Koenig Plumbing and Mechanical Corpo- ration as primary contractor and Myers Plumbing Company as backup contractor for plumbing service and repairs, at an estimated annual cost of $11,400.80, with funding from various departmental operating expense budgets. 4. Bid contract renewal with Jones Chemical Company for the purchase of Liquid Chlorine, Calcium and Sodium Hypochlorite, via the co-op bid with the City of Boca Raton, in the estimated annual amount of $117,834.00, with funding from Water Treatment Plant - Chemicals (Account No. 441-5122-536-52.21) and Lift Station - Chemicals (Account No. 441-5144-536-52.21). 5. Bid award - Off The Wall Concepts, Inc. for millwork for the Delray Beach Golf Course Club- house, in the amount of $28,945.00, with funding from Golf Course Clubhouse - Office Furni- ture/Fixtures (Account No. 445-4763-572- 64.10). 6. Bid award - to Regal Contractors, Inc. for land- scaping and irrigation related to Barwick Road Beautification, in the amount of $38,260.00, with funding from the Decade of Excellence Bond - Barwick Road Beautification (Account No. 228-4141-572-61.75) Mr. Randolph moved to approve the Consent Agenda, seconded by Mr. Ellingsworth. 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. REGULAR AGENDA: 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 March 6 through March 17, 1995. Dr. Alperin stated he wished to appeal SPRAB's action concerning the architectural elevations for a cabana storage shed for Bandana Cabanas. Mayor Lynch advised the two appealed items will be scheduled for consideration by the Commission at the April 5, 1995, regular meeting. Mayor Lynch stated that an appeal had been received from Bar Harbour Apartments, Inc., opposing the site plan for the proposed Waterway East Restaurant which was reviewed by the Site Plan Review and Appearance Board on March 15, 1995. -5- 3/21/95 Dr. Alperin moved to receive and file the report of appealable actions, with the exception of SPRAB's actions con- cerning the architectural elevations for Bandana Cabanas and the site plan for the Waterway East Restaurant, seconded by Mr. Ellingsworth. 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. At this point, Mrs. Smith stepped down for the follow- ing item and left the Commission Chambers. 9.B. ARCHITECTURAL ELEVATIONS/WATERWAY EAST RESTAURANT: Consider the architectural elevations for the proposed Waterway East Restaurant, to be located at the southwest corner of East Atlantic Avenue and Venetian Drive, adjacent to the Intracoastal Waterway. The City Attorney announced that this item will be conducted as a quasi-judicial hearing. The City Clerk swore in those individuals who wished to give testimony on this item. It was emphasized by Mayor Lynch that the issue under consideration is in regard to the architectural elevations for the proposed restaurant only and is not relative to traffic and/or other concerns which have been brought forward by neigh- boring residents. Diane Dominguez, Planning Director, entered into the record all documents which are contained in the Planning and Zoning Department's project file for the Waterway East Restau- rant. She pointed out that the Land Development Regulations require that elevations for outparcels (the restaurant is techni- cally an outbuilding to the shopping center) be consistent with elevations for the main building. In cases where they are not the same architectural style and the Site Plan Review and Appear- ance Board feels they should be reviewed further, the Board can defer action to the City Commission. Ms. Dominguez stated that at its meeting of March 15, 1995 the Site Plan Review and Appear- ance Board approved the proposed elevations and felt that the structure will be an enhancement to the area. Paul Slattery, Applicant, addressed the Commission and presented renderings which had been presented at the Site Plan Review and Appearance Board's meeting on March 15, 1995. The following individual addressed the Commission in opposition to the proposed architectural elevations. Frank Palombo, 86 MacFarlane Drive, representing the Board of Directors of The Bar Harbour Apartments, Inc., was adamantly opposed to the proposal as he did not feel the archi- -6- 3/21/95 tectural elevations had been properly addressed. The residents of The Bar Harbour Apartments expressed the following concerns as noted in their petition of opposition: noise pollution (particu- larly from delivery trucks); loud conversations on the open terrace, patio and parking lot; disturbance from music into the early hours of the morning; potential odors from the dumpster/trash disposal areas and the noise from the picking up of trash in these areas. All these issues would adversely affect the residents of the Miramar and Bar Harbour Apartments. Mr. Palombo pointed out that the residents of Bar Harbour Apartments would not be opposed if the owner would con- sider completely enclosing the restaurant. At the Site Plan Review and Appearance Board's meeting, it had been suggested that the building plan be flipped so that the kitchen, ventilating fans, and the loading dock be located on the north side of the building; that the areas be screened by fencing and landscaping; and, that the dumpsters be relocated from the south to the west border or just north of the restaurant. In conclusion, Mr. Palombo emphasized the concern voiced by the residents of the Bar Harbour Apartments of adverse traffic impacts and possible decline of property values. Ms. Dominguez pointed out that the Site Plan Review and Appearance Board did impose as a condition of approval on the west side of the dining porch (adjacent to the Intracoastal Waterway), no less than 30% of the window panels be in a fixed position. Upon question by Mr. Ellingsworth, the applicant ex- plained that the cupola is basically nonfunctional and is only for aesthetics purposes. Mr. Randolph inquired if the restaurant would house a dance floor or would be designed for dinner music? It was explained by Mr. Slattery that there are no plans for a dance floor. He noted that the restaurant will be a similar to the Fifth Avenue Grill (which is owned by the same individual) and will have the same clientele. The City Attorney emphasized that the item under con- sideration is only that of the proposed elevations and not that of site plan. At this point, Mr. Slattery, Applicant, responded to various questions from the Commission. Dr. Alperin moved to find that the building elevations are consistent with the Comprehensive Plan and are consistent with the Land Development Regulations based upon findings with respect to Section 4.6.18(B) (13) (b), including the condition recommended by the Site Plan Review and Appearance Board, second- 7 3/21/95 ed by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. Prior to roll call, Dr. Alperin stated that the Commis- sion was sensitive to the concerns expressed by the neighboring residents. However, those arguments do not pertain to the issue of the proposed elevations. He emphasized that the property owner has certain rights and those rights should be respected. For the benefit of the residents of the Bar Harbour Apartments, Mayor Lynch announced that their site plan appeal will be considered at the April 4, 1995, City Commission Regular Meeting. At this point Mrs. Smith returned to the Chambers. The following item was moved forward on the Agenda. 9.D. RESOLUTION NO. 11-95: Consider a resolution authoriz- ing the City to acquire from the Community Redevelopment Agency the Monterey House property located at 20 North Swinton Avenue, and accepting the Contract for Sale and Purchase. The City Manager presented Resolution No. 11-95: 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. The City Manager referred to the memorandum provided by the City Attorney at this evening's meeting which outlines sug- gested changes in the terms and conditions for both the acquisi- tion of the Monterey House and for the lease of that structure to Historic Palm Beach County, Inc. He stated that staff is seek- ing conceptual approval of these documents from the Commission so that they can be submitted for review by the Community Redevelop- ment Agency and Historic Palm Beach County. Should they be acceptable, they will be revised accordingly and the transactions will be finalized. The City Attorney reviewed certain changes in the terms of the Contract for Sale and Purchase for the Monterey House. The contract requires payment of $260,000.00 by the City in the form of forgiveness of certain payments related to the CRA Tennis Center debt. The current contract calls for additional payment of $22,000.00 for landscaping expenses. That number should read 8 3/21/95 $22,500.00. As a counter proposal, it is suggested that the City pay 60%, or $13,500.00, which represents landscaping costs for the Monterey House only. The current contract calls for the City to acquire nine (9) parking spaces. If the City desires to acquire additional spaces, the acquisition of additional spaces could be included in the addendum to the contract at a certain price. The closing on the additional spaces would occur later when the condominium association documents are recorded. The City Attorney advised that 10 or 12 additional spaces could, subject to CRA approval, be purchased at $6,000.00 per space. In addition, the contract should be modified to designate a person from the City as its representative for the purpose of approving the grant expenditures on the Monterey House. The lease agreement with Historic Palm Beach County, Inc. provides for a twenty year term with rent of $1.00 per year. It requires payment for maintenance of the common areas in the current approximate amount of $195.00 per month and the payment of $230.00 per month for other maintenance/repair/replacement costs which will be placed in a fund to maintain the house. In addition, the lease requires a landscaping reimbursement payment to the City in the amount of $13,500.00 to be paid with an ini- tial $3,500.00 payment upon execution of the lease and $2,000.00 per year for a five year period. The lease also calls for nego- tiating an amendment to the lease to accommodate costs of an elevator in the event the lessee wants to use the second floor and efforts to secure a waiver are unsuccessful. Discussion by the Commission followed. Mayor Lynch emphasized that since the lessee (Historic Palm Beach County) is a State entity and if something were to happen where it was no longer in existence, he did not want to see the property switch- ing from one State group to another without the City's consent. He felt there should be a provision that the property could not be subleased unless the City receives a written request and gives formal approval. The City Attorney advised that the lease agreement contains an assignment clause which states that the lease cannot be assigned unless the Commission gives its full consent. Howev- er, the Commission cannot unreasonably withhold that consent. Discussion followed on the possibility on incorporating language to provide that the property could be subleased "... at the sole discretion of the City." After discussion, it was the consensus of the Commis- sion to approve in concept the Contract for Sale and Purchase with the Community Redevelopment Agency for the Monterey House, as well as the Lease Agreement with Historic Palm Beach County, Inc., incorporating the changes discussed and direction provided at this meeting. The documents will be submitted for review by the CRA and the HPB at their next meetings. After agreement has been reached on all matters, the City Attorney will prepare the final documents for formal action. 9 3/21/95 Dr. Alperin moved to postpone action on Resolution No. 11-95 to the Regular Meeting of April 4, 1995, 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. 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 ~EARINGS: 10.A. ORDINANCE NO. 14-95: An ordinance amending Section 101.35, "Storing Boats", of the City Code by increasing the size of the boat storage area on the municipal beach, increasing the annual permit fee, and changing the time for submission of appli- cations for boat storage permits. 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. 14-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "PARKS BEACHES, AND RECREATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 101.35, "STORING BOATS", TO PROVIDE FOR AN INCREASE IN THE BOAT STORAGE AREA, CHANGES IN THE TIME FOR SUBMISSION OF APPLICATIONS FOR PERMITS, AND AN INCREASE IN THE PERMIT FEE FOR BOAT STORAGE ON THE MUNICIPAL BEACH, AND BY RE- PEALING SECTION 101.35(H) AND RELETTERING SUBSEQUENT SECTIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 14-95 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. Before opening the public hearing, Mayor Lynch stated that the amendment will provide for an increase in permit fees from $121.50 to $200.00 a year, plus tax, and for the expansion of additional spaces. For clarification purposes, the City Manager explained that the size of the storage area will be increased from 300 feet -10- 3/21/95 to 500 feet in the hopes of accommodating an increase from 40 to 60 boat spaces. The public hearing was opened. Aee Wildes pointed out that the proposed amendment does not address the issue of giving preference to holders of current permits. He distributed a copy of a letter generated by the Parks and Recreation Department to all individuals who use a boat slip at the Municipal Marina notifying them to renew their lease agreement. Mr. Wildes felt that all boat owners should be treated the same and suggested something be done for the holders of boat spaces at the beach. Richard Landry pointed out that permit holders have to stand in line for a very long time in order to receive their permits. If the City would consider a renewal lease agreement (via letter) to the permit holders for slips at the beach such as used at the municipal marina, this would eliminate the long wait which boat owners have to endure each year. He concurred with Mr. Wildes that the current holders should be given preference. The public hearing was closed. Mrs. Smith moved to adopt Ordinance No. 14-95 on Second and FINAL Reading, seconded by Mr. Ellingsworth. 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. Mayor Lynch recommended that the Commission make a policy decision that a letter be sent out to all permit holders on September 1st with an application for renewal returned by September 15th in order to reserve their space. This policy decision will be for a one year trial period. Discussion fol- lowed. To clarify, Mayor Lynch stated that the City would notify those who are current permit holders via letter approxi- mately September 1st with an application for renewal. The appli- cation must be returned by the appropriate date in order to guarantee their renewal. For all new permit applications or for those permit holders who missed the date, the regulations set forth in the ordinance would be followed. Mr. Ellingsworth so moved, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - No. Said motion passed with a 4 to 1 vote. 10.B. ORDINANCE NO. 17-95: An ordinance amending LDR Section 1.3, "Non-Conforming Uses, Lots and Structures", to provide for a grace period for post-disaster reconstruction of residential -11- 3/21/95 structures to existing densities and heights. Prior to consider- ation 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. 17-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 1.3, "NONCONFORMING USES, LOTS, AND STRUCTURES" OF THE LAND DEVELOPMENT REGULA- , TIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 1.3.4.(B) AND SECTION 1.3o5. (C), TO PROVIDE FOR AN EXCEPTION AS SET FORTH IN SECTION 1.3.8; ENACTING A NEW SEC- TION 1.3.8 TO PROVIDE FOR THE RECONSTRUCTION OF NONCONFORMING RESIDENTIAL STRUCTURES DESTROYED BY ACTS OF GOD, PROVIDING DEFINI- TIONS AND PROVIDING TIME LIMITS FOR RECON- STRUCTION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AN EFFECTIVE DATE. (Copy of Ordinance No. 17-95 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. Sandra Almy, Executive Director of the Beach Property Owners Association, stated that the Association fully supports controlled development within the beach area. The BPOA supports the proposed amendment for the protection that would be provided for the residents now as well as the protection it will provide for the City's economy. The public hearing was closed. Mr. Ellingsworth moved to adopt Ordinance No. 17-95 on Second and FINAL 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. 10.C. ORDINANCE NO. 16-95: An ordinance amending LDR Section 7.8.13(B), "Qualifications", to eliminate conflict in the City Code regarding residency and business requirements for members of the Board of Construction Appeals. 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. City Manager presented Ordinance No. 16-95: -12- 3/21/95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 7.8. "UNSAFE BUILDINGS OR STRUC- TURES'' SECTION 7.8.13(B), "QUALIFICATIONS", TO REMOVE THE REQUIREMENT THAT MEMBERS OF THE BOARD OF CONSTRUCTION APPEALS BE RESIDENTS OR HAVE THEIR PRINCIPAL PLACE OF BUSINESS IN THE CITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 16-95 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 adopt Ordinance No. 16-95 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. 11. Comments and Inquiries on Non-Aqenda Items from the Public - Immediately followinq Public Hearings. 11.A. City Manaqer's response to prior public comments and inquiries. None. 11.B. From the Public. 11.B.1. Mr. Keith Jones, 210 S.E. 4th Avenue, stated that he has a problem with a neighbor who has put up a fence on property adjacent to his home. He feels the fence is a hazard since it obstructs his view when backing out of his driveway, it blocks his view in general, and is unattractive and poorly constructed. Mr. Jones stated he has discussed the situation with various staff members and filed a complaint with Code Enforcement, but has yet to hear anything. He distributed pictures showing the condition to the Commission. Mayor Lynch advised Mr. Jones that a staff member would be in touch with him to discuss the situa- tion. 11.B.2. Helen Coopersmith expressed her appreciation to every- one from the City who had called and sent cards to her during her recent illness. 11.B.3. Sandra Almy commented on the unsightly appearance of Atlantic Avenue on the Sunday following the St. Patrick's Day parade on Saturday, March 18, 1995. There was everything from beer cans and bottles to paper products, and she felt it was -13- 3/21/95 embarrassing to walk along the road in that condition. Ms. Almy suggested that a policy be developed and adopted to address the prompt cleanup after events such as the parade. The City Manager stated that the last year the sponsor had provided the clean-up; however, no one had raised the issue this year and it was inadvertently overlooked. He stated that if the sponsor does not wish to provide the cleanup at the time they receive a parade permit from FDOT, then they would have to pay the City in order to cover overtime costs. At this point the Commission moved to the First Read- ings portion of the Agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 18-95: An ordinance amending all penal- ties in the City Code of Ordinances to comply with State law. If passed, public hearing on April 4, 1995. The City Manager presented Ordinance 18-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 10, "GENERAL PROVISIONS", SECTION 10.99, "GENERAL PENALTY"; CHAPTER 52, "WA- TER'', SUBSECTION 52.99(A); CHAPTER 54, "SEW- ERS", SECTION 54.99; CHAPTER 90, "ABANDONED PROPERTY; JUNKYARDS"; SECTION 90.99; CHAPTER 91, "ANIMALS", SECTION 91.99; CHAPTER 92, "BOATS AND BOATING", SECTION 92.99; CHAPTER 95, "EMERGENCY MANAGEMENT", SECTION 95.99; CHAPTER 96, "FIRE SAFETY AND EMERGENCY SER- VICES'', SECTION 96.99; CHAPTER 97, "HEALTH AND SAFETY", SECTION 97.99; CHAPTER 98, "LITTER", SECTION 98.99; CHAPTER 99, "NOISE CONTROL", SUBSECTION 99.99 (A); CHAPTER 100, "NUISANCES" , SECTION 100 . 99; CHAPTER 101, "PARKS, BEACHES AND RECREATION", SECTION 101.99; CHAPTER 102, "STREETS AND SIDEWALKS", SECTION 102.99; CHAPTER 110, "OCCUPATIONAL LICENSE GENERALLY", SECTION 110.99; CHAPTER 111, "ADVERTISING", SECTION 111.99; CHAPTER 112, "ALARM SYSTEMS", SECTION 112.99; CHAPTER 113, "ALCOHOLIC BEVERAGES", SECTION 113.99; CHAPTER 115, "AUCTIONS AND AUCTIONEERS", SECTION 115.99; CHAPTER 118, "SOLICITORS AND PEDDLERS", SUBSECTION 118.99(A); CHAPTER 119, "VEHICLES FOR HIRE", SECTION 119.99; CHAPTER 130, "GENERAL PROVISIONS", SECTION 130.99; CHAPTER 150, "DOCKS, DOLPHINS, FINGER PIERS, AND BOAT LIFTS", SUBSECTION 150.99(A); LAND DEVELOPMENT REGULATION SUBSECTION 1.4.4(A), KNOWN COLLECTIVELY AS PENALTY PROVISIONS, TO -14- 3/21/95 PROVIDE A PENALTY IN CONFORMANCE WITH FLORIDA LAW: PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. Assistant City Attorney Brian Shutt read the caption of the ordinance. Mr. Ellingsworth moved to adopt Ordinance No. 18-95 on FIRST Reading, 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. 12.B. ORDINAI~CE NO. 19-95: An ordinance amending Chapter 32 of the City Code regarding attendance policy and removal proce- dures for members of advisory boards and committees. If passed, public hearing on April 4, 1995. The City Manager presented Ordinance No. 19-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMIS- SIONS'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY REPEALING SUBHEADING "REMOVAL OF MUNICIPAL BOARD OR COMMISSION MEMBERS", SECTIONS 32.15 THROUGH 32.19, INCLUSIVE, IN ITS ENTIRETY, AND ENACTING A NEW SUBHEADING, "REMOVAL OF MUNICIPAL BOARD, COMMITTEE OR COMMISSION MEMBERS", SECTIONS 32.15 THROUGH 32.20, INCLUSIVE, TO CLARIFY PROCEDURES FOR REMOVAL OF MEMBERS FROM ADVI- SORY BOARDS, COMMITTEES OR COMMISSIONS; AMENDING SECTION 2.2.1(F), "REMOVAL OF MEM- BERS; VACANCIES", OF THE LAND DEVELOPMENT REGULATIONS TO PROVIDE THAT REMOVAL OF MEM- BERS FROM A BOARD SHALL BE PURSUANT TO THE PROVISIONS OF CHAPTER 32; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Brian Shutt read the caption of the ordinance. For clarification purposes, the City Attorney explained that the term "abandonment of office" is the failure of a member to attend three consecutive reqular meetings of the board. Mr. Ellingsworth moved to approve Ordinance No. 18-95 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 - Yes. Said motion passed with a 5 to 0 vote. -15- 3/21/95 At this point the Commission returned to Item 9.C., of the Regular Agenda. 9.C. LOCATION OF BEACH PATROL HEADQUARTERS: Consider staff recommendation and evaluation of the two sites proposed (Sandoway Park or Anchor Park) for location of the Beach Patrol headquar- ters. The City Manager stated that after the item was dis- cussed at the March 14th workshop, Anchor Park was considered an alternate site for the location of the Beach Patrol Headquarters. Anchor Park is owned by the County and leased to the City through July 31, 2008. However, the County has indicated a willingness to extend this date. The consideration by the Commission is to either ask for an extension or ask permission to construct a building on the premises. Even though the land reverts back to the County, the structure would be owned by the City. Mayor Lynch announced that Mr. and Mrs. Frank McKinney are willing to sell their property to the City which is located between Sandoway Park and the Ingraham parking lot. Frank McKinney stated that the parcel is located just north of the Ingraham parking lot and is known as the "Hood House" The property is 75' X 215' and is bounded on the north by Sandoway Park and on the south by public parking. Should the City consider purchasing this property, Mr. McKinney suggested using the existing Dutch Colonial structure which was constructed in 1943 for the Beach Patrol headquarters. He noted that the site would accommodate the storage of the rescue boats and the four wheeled vehicles. Also, that CADD calculations had been conducted which reflected a possibility of adding an additional fifteen parking spaces. The property is currently on the market for $650,000. It was noted by Mayor Lynch that buying beach property is an asset which can never be replenished and trying to find a parcel which is centrally located for the beach headquarters, this proposal should be seriously pursued. The City Manager concurred and felt that the proposal was certainly intriguing and worth serious consideration. Ms. Rachel Speicher, 120 South Ocean Boulevard, stated that her property is adjacent to Sandoway Park. She was opposed to the location of a Beach Patrol Headquarters at that particular park and emphasized that it is the only "green shaded oasis" along the Ocean. Since the park was used by people of all ages for various reasons which includes weddings, picnics, etc., she did not want to see the park used for a public facility. Bob Vicker, resident of Ocean Place, was opposed to the location of the Beach Patrol Headquarters at Sandoway Park. He supported Ms. Speicher's comments and pointed out that there is a -16- 3/21/95 significant threat to reducing valuable tax revenue for the City. A loss of Sandoway Park would also lower real estate values of the entire surrounding properties if the neighborhood were to include a nonrecreational and nonresidential building. He point- ed out that the other two parks would be good alternatives which would not impact the neighborhoods nor cause similar tax losses. It was the consensus of the Commission to direct staff to evaluate the option presented by Mr. and Mrs. Frank McKinney, with further direction to continue to work with the County for the possible extension of the lease for Anchor Park or perhaps turn the property over to the City. 9.E. THIS ITEM WAS REMOVED FROM THE AGENDA. 9.F. CONTRACT ADDITION (CF~NGE ORDER NO. 3)/~ARDRIVES OF DELRAY, INC.: Consider contract addition (Change Order No. 3) to Hardrives of Delray, Inc. for S.W. 10th Street and S.W. 10th Avenue - Phase II, providing for the installation of additional storm drainage on S.W. 8th Avenue from S.W. 10th Street to S.W. 9th Street. Funding in the amount of $87,271 is available from Decade of Excellence Bond Phase II - Capital Outlay - S.W. 10th Street (Account No. 228-3162-541-61.90). Mayor Lynch commented that drainage problems are a very big concern resulting in major dollars. He felt that whenever work is being conducted on a road, the issue of drainage should be reviewed at the same time since the City is taxing citizens via stormwater drainage fees. Mr. Ellingsworth moved approval of the Contract Addi- tion (Change Order No. 3) with Hardrives of Delray, Inc. in the amount of $87,271, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.G. SETTLEMENT OF CLAIM/ELLISON V. HIGHTOWER & CITY OF DELRAY BEACH: Consider settlement of Ellison v. Hightower and the City of Delray Beach in the amount of $34,000.00, subject to receipt of appropriate releases, with all parties to bear their own attorneys fees and costs. Mrs. Smith moved approval as recommended by the City Attorney, seconded by Mr. Randolph. Upon roll call the Commis- sion 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.H. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint a regular member to the Civil Service Board for a two year term ending April 1, 1997. -17- 3/21/95 Mrs. Smith moved to reappoint Robert P. Ferrell as a regular member to the Civil Service Board for a two year term ending April 1, 1997, 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. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMIT- TEE: Appoint five members to the Affordable Housing Advisory Committee for two year terms ending March 31, 1997. Mr. Randolph asked that he be provided with an update on the status of a pending nuisance abatement lien, dated Febru- ary 16, 1995, against the incumbent. In view of this, he moved to postpone his appointment of a representative who is actively engaged in the residential building industry, seconded by Mr. Ellingsworth. 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. Mayor Lynch stated that he wished to reappoint Byron Smith (representing areas of labor engaged in home building) to the Affordable Housing Advisory Committee for a two year term ending March 31, 1997. Dr. Alperin so moved, seconded by Mr. Ellingsworth. 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. Mrs. Smith moved to reappoint Samuel McGhee (advocate for low income persons) to the Affordable Housing Advisory Com- mittee for a two year term ending March 31, 1997, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mrs. Smith - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Concern was expressed by Dr. Alperin regarding comments from citizens regarding the siting of some of the affordable housing homes. He stated that he had reservations in appointing the incumbent to this Board and asked if any other Commissioner has had inquiries or concerns expressed to them? There being no comment among the Commission, Dr. Alperin moved for the reappointment of Fred Griffin (a provider of affordable housing) to the Affordable Housing Advisory Commit- tee for a two year term ending March 31, 1997, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mrs. Smith - Yes; Mayor Lynch Yes. Said motion passed with a 5 to 0 vote. -18- 3/21/95 Mr. Ellingsworth moved to reappoint Elizabeth Debs (citizen at large) to the Affordable Housing Advisory Committee for a two year term ending March 31, 1997, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mrs. Smith - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Since the terms commence on April 1, 1995, the City Manager suggested that the appointing resolution be adopted to reflect the four appointments made this evening. A separate resolution can be adopted when Commissioner Randolph is ready to make his appointment. Dr. Alperin moved to approve Resolution No. 26-95, exclusive of the residential building industry appointment, 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.J. CROSSROADS PROPOSAL FOR ACQUISITION OF McGRAW BUILDING: Consider an alternate proposal from CRC Recovery Foundation and the Crossroads Club concerning the acquisition of the McGraw building at 306 N.E. 2nd Street. Mayor Lynch reviewed the Commission's prior discussions concerning this item, noting that at the March 7th regular meet- ing the majority consensus of the Commission was not to support the request for the City to purchase the property. However, the Commission also indicated its willingness to consider an alterna- tive proposal. The City Manager advised that CRC Recovery Foundation has now made a proposal whereby the City would contribute $56,000 per year for two years to the Foundation. Then if Crossroads stopped using the building at some time in the future, it would revert to the City. The Manager then read into the record a list of City-owned buildings which are leased to various agencies. Discussion ensued. Dr. Alperin expressed concern about setting a precedent and pointed out that $56,000 would cover an enormous amount of requests from charitable groups which the Commission has declined in the past. He felt very uncomfortable in making such a large commitment, but would be willing for the City to assist through some type of contribution. Mayor Lynch noted that Crossroads is asking for the City to assist with the cost of the structure and is not asking for monies for its operating budget. His feeling is that the City needs to take an active role in trying to help organizations such as Crossroads. If they aren't there to provide the servic- es, then it may fall to the City to assume their role. -19- 3/21/95 Mr. Ellingsworth expressed concern regarding the trans- fer of the title to the property by the City to the CRC Recovery Foundation. He felt that it might be more feasible if considera- tion was given to them reimbursing the City after the first two payments. Mrs. Smith pointed out that Crossroads has had a very positive effect on the community and has made a contribution to the reduction of crime in the City and returning individuals to being productive citizens. Mr. Randolph agreed, noting that it would be hard not to support the facility. Mr. Ellingsworth suggested that the City should pursue the Crossroads proposal for acquisition of the McGraw Building subject to the Crossroads Club repaying the City within a five (5) year period after which time the City would transfer title to the property. After discussion, it was the consensus of the Commis- sion that they would consider an arrangement wherein the City would make the first two payments on the McGraw property, Cross- roads/CRC would make payments 3, 4 and 5, and during years 6 through 10, Crossroads/CRC would reimburse the City for the two payments which the City made at the outset. Mrs. Smith moved to direct staff to work with represen- tatives of the Crossroads Club in order to work out an acceptable arrangement for the purchase of the McGraw Building along the lines outlined above, as well as review of alternative scenarios to accomplish this purpose; 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.K. (ADDENDUM) BID AWARD/PROFESSIONAL SOUND SERVICES, INC.: Consider a bid award in the amount of $10,300.00 to Pro- fessional Sound Services, Inc. as the lowest responsive bidder (second low bidder) for the background music and paging system at the Golf Course Clubhouse; with funding from Golf Course Club- house - Other equipment (Account No. 445-4763-572-64.90). Mayor Lynch asked that he be provided with a copy of the City's policy concerning bid bonds. Mr. Ellingsworth moved to approve the bid award to Professional Sound Services, Inc. in the amount of $10,300.00 for the background music and paging system at the Golf Course Club- house, 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. -20- 3/21/95 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manaqer. No comments. 13.B. City Attorney. The City Attorney provided an update in regard to the Lakeview Golf Course property. From recent conversations with David Schmidt and Nancy Stroud, she was informed that Mr. Murray recently passed away. They are requesting that the City take no action until after a meeting of the shareholders which is sup- posed to take place on April 10, 1995. Mayor Lynch commented that the Commission had agreed to delay action on the rezoning action to wait and see if Mr. Mur- ray's health was going to improve. In view of the circumstances, he asked if the Commission would want to go ahead and follow through with the rezoning probably sometime in May, 1995, if we have not heard anything more from them by that time. That would give them about a month from their meeting to get back to us. The Commission concurred. 13.C. City Commission. 13.C.1. Dr. Alperin had no comments. 13.C.2. Mrs. Smith commended the residents of Lincoln Park and their president, Carolyn Holder, for their support of the pro- posed permanent closure of S.W. 9th Avenue. They had a good turnout at last night's Planning and Zoning Board meeting and are an excellent example of how a neighborhood can work together. Mrs. Smith commented that the beach restoration federal funding seems to be a little "iffy", and asked if the City was looking into any other approach in the event we don't get the money? In response, the City Manager stated that we follow other technologies that are being tried in order to try to find other solutions. What we have been told so far is that the funding would continue for the authorized life of the project, which is fifty years from the date that restoration was first started, so it runs until 2020 something. Mayor Lynch noted that the Palm Beach County Tourist Development Board has also been discussing this item. The Beach- es and Shores Department of the County has been looking at reefs and doing some experimental testing in West Palm Beach. Also, they are working with Florida Atlantic University to see what other approaches are being used around the world for beach ero- sion. Further, Florida House Representative William Andrews is also working on a snorkeling reef for Delray Beach which would have some effect on erosion. -21- 3/21/95 Mrs. Smith expressed her appreciation to staff for all of the work they put into to the recent annexation effort. Mrs. Smith commented that the blue building out on Lake Ida Road at N.W. 10th Avenue has more graffiti. She suggested that if the owner is having difficulty getting the same color paint, maybe they can change the color. 13.C.3. Mr. Ellingsworth commented that on Old Germantown Road going west off of Congress Avenue, there is a sign indicating S. W. 22nd Avenue with a "T". The problem is that the "T" points to the parking lot of the Office Depot or The Arbors development, and people looking for 22nd Avenue inadvertently are turning into the parking lot. He asked if the sign could be moved another 100 to 200 feet, it would be closer to 22nd Avenue. Mr. Ellingsworth expressed his thanks and appreciation to everyone for the cards, flowers and many phone calls which he received during his recent recovery from surgery. 13.C.4. Mr. Randolph asked if the promoter for the tennis stadium has made any announcements concerning any upcoming shows or concerts? The City Manager stated he was not aware of anything, but would get a report to the Commission. Mayor Lynch interjected that he believes the promoter has arrangements for an event on May 13, 1995, or at least is working on it. 13.C.5. Mayor Lynch reported that the Palm Beach County Munici- pal League will meet in the City Commission Chambers on Wednes- day, March 22nd at 10:30 a.m., with a luncheon to follow at the Tennis Center, and invited members of the Commission to attend if they would like. Prior to adjournment, the City Manager reported that he had met earlier today with representatives from the Solid Waste Authority. It is his understanding from this discussion that the transfer station in Delray Beach handles more tonnage than any other station in the County, yet it is on one of the smallest sites. It is severely overloaded and it can't really be expand- ed. They asked what we thought about the Solid Waste Authority building a new transfer station somewhere else in South County and closing this one down, and also about potential sites in Delray. The Manager reported that he had told them we would be glad to see the existing station closed down and that there may be some possible sites along Congress Avenue, but they would probably have difficulty getting the acreage they want in Delray. It was also suggested that the Solid Waste Authority approach Boca Raton on this matter. Since Boca still collects their own garbage, they would be the most directly affected by the in- -22- 3/21/95 creased costs that would result from moving the station to a site further west. On question from Mayor Lynch, the City Manager stated the representatives did not talk about any definite time frames, but this is an old station and their maintenance cost alone this year for it is $800,000.00. They also have some problems with the building meeting code. It was the consensus of the Commission that they would be in favor of the existing transfer station closing down as soon as possible. As a final item, the City Attorney requested the Com- mission's authorization to sign releases and documents with respect to settlement of the three lawsuits approved for settle- ment on tonight's agenda (Item 9.G.) . By consensus, the Commis- sion authorized the City Attorney to sign all necessary releases and documents. There being no further business, Mayor Lynch declared the meeting adjourned at 8:50 p.m. City C%e~k .... f - ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the min- utes of the meeting of said City Commission of March 21, 1995, which minutes were formally approved and adopted by the City Commission on ~,/~ ~, /9~ ....... ~ity ~l~k -23- 3/21/95