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06-06-95 : JUNE 6, 1995 ? A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas Lynch in the Commission Chambers at City Hall at 6:05 P.M., Tuesday, June 6, 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 The opening prayer was delivered by Dr. Ted Bush, First Presbyterian Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. The City Attorney requested that Item 8.L.l., AWARD OF BIDS AND CONTRACTS, of the Consent Agenda, be moved to the Regu- lar Agenda as Item 9.A.A. Mrs. Smith requested that Item 9.L., GRANT FUNDING FOR SANDOWAY HOUSE ACQUISITION, be moved forward between Item 9.C. and Item 9.D. Mr. Ellingsworth moved to approve the agenda as amend- ed, seconded by Dr. Alperin. 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 21, 1995, the Regular Meeting of April 18, 1995, and the Regular Meeting of May 2, 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. National Flag Day - June 14, 1995 Mayor Lynch presented a proclamation recognizing June 14, 1995, as National Flag Day. 6.B. Health Unit Coordinator Day - Auqust 23, 1995 Mayor Lynch presented a proclamation recognizing August 23, 1995, as Health Unit Coordinator Day. 7. Presentations= 7.A. Dwayne Hetherington - South County Boys & Girls Club Dwayne Hetherington with the South County Boys & Girls Club, gave Commission an overview presentation and update on the academic accomplishments achieved by club members. He gave recognition to three club members who were part of the first State Education Day Team. Mr. Hetherington introduced Mr. Marc deBaptiste who thanked the City Commission for their support of the South County Boys & Girls Club. 7.B. Kathleen E. Daley - Legislative Report Kathleen Daley, lobbyist for the City of Delray Beach, reviewed the 1995 Legislative session as summarized in the Final Legislative Report (a copy of which is attached hereto and incor- porated herein as an official part of the minutes). 8. CONSENT AGENDA= City Manager recommends approval. 8.A. PARTIAL WAIVER TO LANDSCAPE REQUIREMENTS/ELLIE'S DINING AND CATERING= Grant a partial waiver of the requirement to upgrade the entire site to current landscape standards (LDR Section 4.6.16(B) {3)) for Ellie's Dining and Catering, located on the west side of North Federal Highway, approximately 1,000 feet south of Gulfstream Boulevard. 8.B. TRAFFIC SIGNAL IMPROVEMENTS/S.W. 10TH STREET AND SWINTON AVENUE= Authorize traffic signal improvements at S.W. 10th Street and Swinton Avenue by the Palm Beach County Traffic Unit, in the estimated amount of $21,476, with funding from 228-3162-541-61.90. 8.C. FINAL PAYMENT TO HAZEN AND SAWYER/GOLF COURSE WELLS= Approve final payment in the amount of $4,677.35 to Hazen and Sawyer for consulting engineering services in conjunction with the design, permitting and construction of Raw Water Wells #35 and #36 at the Municipal Golf Course wellfield; with funding from 447-5171-536-31.30. 8.D. FINAL PAYMENT TO PALM BEACH COUNTY/WEST ATLANTIC AVENUE (MILITARY TRAIL TO JOG ROAD)= Approve final payment in the amount of $9,350 to Palm Beach County for utility adjustments 2 6/6/95 constructed in conjunction with the County's improvements to West Atlantic Avenue between Military Trail and Jog Road; with funding from 442-5178-536-64.13. 8.E. CHANGE ORDER NO. 4 AND FINAL PAYMENT/ALL-RITE PAVING CONTRACTORS, INC: Approve deduct Change Order No. 4 in the amount of $14,669.97 and final payment in the amount of $16,122.94 to All-Rite Paving Contractors, Inc. for completion of S.W. 10th Street Road Widening Phase I, with funding from 448-5411-538-62.42. 8.F. CHANGE ORDER NO. I AND FINAL PAYMENT/SULLIVAN BROTHERS, INC.: Approve Change Order No. 1 (Final) in the amount of $14,611.05 and final payment in the amount of $23,495.82 to Sullivan Brothers, Inc. for completion of the Homewood Park Sewer Facilities project, with funding from 441-5161-536-63.51 through budget transfer from 63.90. 8.G. AMENDMENT TO LEASE/QUALITY BROADCASTING CORPORATION: Approve an amendment to the lease between the City and Quality Broadcasting Corporation (WDBF), extending the lease term until 2020, with adjustments to the monthly lease payment. 8.H. AMENDMENTS TO AGREEMENT WITH TATE AND TEMPLE SINAI AND ACCEPTANCE OF DEED FROM LAKE WORTH DRAINAGE DISTRICT: Approve an amendment to the Tate Agreement to allow for the extension of the discovery date to June 16, 1995, an amendment to the Temple Sinai Agreement regarding access to the existing dumpster, and accept a Quit Claim Deed from Lake Worth Drainage District conveying a portion of the District's easement along the E-4 Canal to the City. 8.I. ACCEPTANCE OF EASEMENT DEED: Accept an easement deed from Roy A. and Geraldine E. Farland for an additional easement to permit the installation of a water main between S.W. 8th Avenue and S.W. 9th Avenue within the existing alley and an existing easement. 8.J. AGREEMENT WITH ROBERT AND LINDA ALLEN/WIGGINS ROAD WATER AND SEWER IMPROVEMENTS: Approve a Right of Entry and License Agreement with Robert C. and Linda G. Allen which will permit the City to construct the necessary water and sewer im- provements within Wiggins Road. 8.K. SETTLEMENT/HERNDON V. CITY OF DELRAY BEACH: Approve settlement of the referenced matter as recommended by the City Attorney. 8.L. AWARDS OF BIDS AND CONTRACTS: 1. MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 2. Bid award to Rinker Materials Corporation for ready mix concrete, at an estimated annual cost of -3- 6/6/95 $14,137.50 from 001-3113-541-53.90. 3. Bid award - to Chemical Lime Company via Palm Beach County and Boynton Beach co-op bid, at an estimated annual cost of $247,027 from 441-5122-536-52.21. 4. Bid award - to the low bidder Rada Enterprises, Inc. for a housing rehabilitation project through the Community Development Block Grant Program, for a total grant amount of $15,351, from 118-1963-554-49.19. (215 N.W. 14th Avenue) 5. Bid award - to Hector Turf for the purchase of a Groundsmaster 325D rotary mower via Florida State Contract in the amount of $12,055, and a Sand Pro 5000 rake via GSA Contract in the amount of $8,075.98, for a total of $20,130.98 from 445-4761-572-64.90. 6. Contract award - to Canon USA Inc. and Office Systems of Florida for the Canofile 510-3 elec- tronic image filing system, in the total amount of $17,153; with $7,147 from 001-2113-521-44.30, $2,100 from 46.20, and $7,906 from 64.90. 7. Contract award - annual contract to various ven- dors for automotive parts, at an estimated annual cost of $24,462.66 from 501-3311-591-52.50. 8. Bid award - to Gateway for one PS-100 Network Server and six Intel 75 Mhz Pentium Processors, in the amount of $19,443, with funding from 445-4763-572-64.11. 9. Bid award - to Office Pavilion for office work stations for the City Manager's office secretarial staff, in the amount of $12,078 from 001-1211-512-12.10. Mr. Ellingsworth moved to approve the Consent Agenda as amended, 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 - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Harrison Uniforms for Police Depart- ment uniforms, at an estimated annual cost of $40,779.25 from 001-2111-521-52.22, 001-2115-521- 52.22, and 001-2117-521- 52.22. 4 6/6/95 The City Attorney discussed the irregularities of this bid. She recommended that the Commission reject all bids and authorize staff to refine the specifications and rebid the con- tract for award to the lowest responsive bidder. Mr. Ellingsworth so moved, seconded by Dr. Alperin. 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.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 May 15 through June 2, 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. PROPOSED LOCATION OF BEACH PATROL HEADQUARTERS The City Manager stated the Commission has previously received a report from the consultant analyzing various possible locations for the Beach Patrol Headquarters. The site locations are: (1) Sandoway Park, (2) Anchor Park, {3) A1A, adjacent to Fire Station #2, (4) Ingraham parking lot and roadway, (5) 142 South Ocean Boulevard, and (6) Atlantic Avenue, East of A1A. Anchor Park is operationally superior to the other three sites because Anchor Park is close to the vehicular access point to the beach at Casuarina Road. It is less important for the headquarters to be centrally located relative to the life- guard towers. The City Manager recommends for the Commission to approve Anchor Park as the location for the beach lifeguard headquarters providing the County will agree to extending the lease so the lease term remaining will be at least 50 years. He stated indications show the County is willing to do this. Mayor Lynch stated he prefers Ingraham Park for the location of the Beach Patrol Headquarters and is in favor of the City taking the right-of-way to make a larger area. Mayor Lynch stated his reasoning is because the property is City owned versus County owned, and Ingraham Park is centrally located so if rest room facilities are located there, it would be overall more convenient for the residents. Dr. Alperin stated that he feels the City should still look at better utilizing the Ingraham Park property and roadway even if a different location is chosen for the Beach Patrol Headquarters. -5- 6/6/95 Mrs. Smith agrees with Dr. Alperin and feels the City should look at better utilizing this property for both parking and metering; however, she favors Anchor Park for the proposed location of the Beach Patrol Headquarters. Mr. Randolph stated he is in favor of Anchor Park for the location of the Beach Patrol Headquarters. Mr. Ellingsworth stated he is in favor of Anchor Park for the following reasons: (1) it is the least expensive of all the proposals received and least expensive to operate; (2) the contour of the land would allow the City to construct a two-story building but the top floor would be even with the front part of park and the back part would be even with the parking lot, thus alleviating the need for an elevator; (3) it ties in with the ocean access that the lifeguards already use at Casuarina Road; (4) it is the least disruptive to the residents on South Ocean Boulevard; and (5) the Anchor Park restrooms are in dire need of repair and that money could be used towards the cost of the lifeguard station instead of towards rest rooms at Ingraham Park. Mr. Ellingsworth moved to approve Anchor Park as the site for the Beach Patrol Headquarters, subject to the County agreeing to extend the City's lease to Anchor Park so the lease term remaining will be at least 50 years, 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. CONDITIONAL USE REQUEST/TEMPLE SINAI: Consider a request for conditional use approval to establish a private education facility (Developmental Resource Center, Inc.) at Temple Sinai. The subject property is located at the northwest corner of West Atlantic Avenue and N.W. 24th Avenue, and is zoned CF (Community Facilities) District. The City Attorney stated this item will be conducted as a Quasi-Judicial Hearing. No one from the public came forward to give testimony on this item. Diane Dominguez, Planning Director, stated this is a request to allow the establishment of a private educational facility at the Temple Sinai Campus on West Atlantic Avenue at N.W. 24th Avenue which is a devoted to educating children with learning disabilities such as attention deficit disorder and dyslexia. The maximum total enrollment will be 48 students and the hours of operation will be essentially from 8:00 a.m. to 5:00 p.m. Parking is available and it is estimated that there will be minimal impacts on the adjacent areas. At the Planning and Zoning Board meeting of May 15, 1995, the Planning and Zoning Board voted 6 to 0 to recommend -6- 6/6/95 that the request be approved, subject to the condition that the maximum enrollment be maintained at 48 students, and hours be limited from 8:00 a.m. to 5:30 p.m. Dr. Alperin moved to approve the Conditional Use re- quest to establish a private education facility at Temple Sinai subject to the findings and conditions as recommended by the Planning and Zoning Board, 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. 9.L. GRkNT FUNDING FOR SANDOWAY ROUSE ACQUISITION: Consider directing staff to pursue grant funding to be used for the acqui- sition of the Sandoway House property. The City Manager stated Commissioner Mary McCarty has indicated that Palm Beach County is willing to assist, to a large degree, in acquiring the Sandoway House property. The County is willing to acquire and hold the property in much the same manner as the Trust for Public Land would do, while the City seeks grant funding to assist with the acquisition. Then the County would provide the local match for the grant funding. The City Manager cautioned, however, that he is very concerned about the potential long-term maintenance and operating costs if the existing build- ing were to be converted to an educational center. At this time, the City Manager requested that the Commission formally authorize staff to pursue grant funds from the Florida Communities Trust and any other appropriate sources for acquisition of the Sandoway House property at 142 South Ocean Boulevard. Dr. Alperin stated he feels the City should pursue and get all the necessary information. Mrs. Smith stated the City should pursue and get more information; however at the same time she feels the City should be careful of any kind of commitment until they know exactly what is involved. Mr. Randolph stated he would also like to pursue; however, his major concern is how the operational control and maintenance costs of this facility may affect the City. On question from Mr. Ellingsworth, the City Manager stated that the City has ordered, at the County's request, two appraisals of the property. Any additional expenditures which may become necessary on the part of the City are undetermined at this point. Further discussion followed by the Commission. -7- 6/6/95 Dr. Alperin moved to authorize staff to pursue grant funding for the acquisition of the Sandoway House property, 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.D. CONDITIONAL USE REQUEST/DELRAY QUICK LUBE: Consider a request for conditional use approval to establish an oil change facility (Delray Quick Lube) within an existing structure at 765 N.E. 6th Avenue. The subject property is located at the south- east corner of N.E. 6th Avenue and George Bush Boulevard, and is zoned GC (General Commercial). The City Attorney stated 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. Diane Dominguez, Planning Director, stated this is a conditional use to establish an oil change and lubrication facil- ity in the GC (General Commercial) zoning district. The site formerly operated as a full service gasoline station, including automotive repair. The service station (gaso- line sales) aspect was abandoned several years ago, but the automotive repair use continued and remains in operation. The nonconforming auto repair use will remain in operation, which is permissible provided the use is not expanded beyond its current location. The Planning and Zoning Report lists a detailed analy- sis. The Planning and Zoning Board considered this petition on May 18, 1995, and voted 6 to 0 to recommend that the condi- tional use be approved, subject to conditions including the submission of a recorded affidavit attesting that no repair work other than oil changes will take place in the building addition. The Community Redevelopment Agency (CRA) Board reviewed the pro- posal at the May 4, 1995, and recommended approval of the propos- al. Jim Johnson, applicant, clarified that in Item "D" of the Planning and Zoning Staff Report, it does state "within an existing structure" and as Diane Dominguez pointed out, there is also a small addition involved. Discussion by the Commission followed, with Mayor Lynch questioning the philosophy behind the "grandfathering" provision for the auto repair use. If the City, according to its Compre- hensive Plan, has determined that this type of use is not appro- priate for a particular zoning district, then why should it be allowed to continue at all. Diane Dominguez, Planning and Zoning Director, discussed the existing non-conforming use provisions 8 6/6/95 and noted that the trade-off is that the overall site will be upgraded in accordance with the conditional use request. Mayor Lynch emphasized that his problem was not with the project, but with the system in allowing a non-conforming use to continue in operation. Mrs. Smith moved to approve the Conditional Use request for Delray Quick Lube based upon positive findings with respect to Chapter 3 (Performance Standards) of the LDRs and the policies of the Comprehensive Plan, and subject to the conditions recom- mended by the Planning and Zoning Board, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph No; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 1 vote. Mayor Lynch requested the agenda be amended by moving Item 9.M., LITTLE LEAGUE REQUEST FOR FUNDING, forward on the regular agenda. Dr. Alperin moved to approve that Item 9.M., LITTLE LEAGUE REQUEST FOR FUNDING, be moved forward on the Regular Agenda, seconded by Mr. Ellingsworth. Upon roll call the Commis- sion 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.M. LITTLE LEAGUE REOUEST FOR FUNDING: Consider a request from the Delray Beach Little League to assist with the cost of taking the teams to a tournament in Orlando. Mayor Lynch opened the floor for public comment. Alfred Stra~hn, stated .he is asking the Commission to consider assisting the Delray Beach Little League with the cost of taking the team to a tournament in Orlando. Vincent Straghn, a volunteer coach, stated he would be appreciative of any donation the City can give to the Delray Beach Little League for the Baseball Tournament. The City Manager stated in the past, staff has helped raise funds for the American Little League. He suggested that the Commission and staff see what can be raised over the next week and see if the money can be raised privately. It was the consensus of the Commission to support the City Manager's recommendation, with the request that a status report be provided in one week's time to determine the status of the private fund raising efforts. At this point, the time being 7:15 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. -9- 6/6/95 Mr. Randolph left the room at this time. 10. PUBLIC HEARINHS: 10.A. QUIT-CLAIM DEED TO SHERWOOD H. SHEEHAN, JR.: Consider approval of a quit-claim deed transferring ownership of a 26 ft. by 300 ft. section of Dixie Highway right-of-way from the City to Sherwood H. Sheehan, Jr. The subject property is located west of and adjacent to Sherwood Pontiac. Prior to consideration of granting a quit-claim deed to Sherwood H. Sheehan, Jr., a public hearing has been scheduled at this time. Mayor Lynch opened the public hearing. There being none, the public hearing was closed. Mrs. Smith moved to approve the quit-claim deed to Sherwood H. Sheehan, Jr., seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 10.B. CITY OF DELRAY BEACH CONSOLIDATED PLAN: Consider approval of the City's Consolidated Plan which sets forth poli- cies for the use of Community Development Block Grant funds for the next five years, including the City's Action Plan for 1995/96. Prior to consideration of the City of Delray Beach Consolidated Plan, a public hearing has been scheduled at this time. Lula Butler, Director of Community Improvement, stated that the City of Delray Beach Consolidated Plan contains both a Citizens Participation Plan and a consolidation of all of the housing programs. The Plan sets forth the priority for all of the Block Grant expenditures and details the list of agencies that are being supported through the Block Grant Program. Mayor Lynch opened the public hearing. There being no public comment, the public hearing was closed. Mr. Ellingsworth moved to approve the City of Delray Beach Consolidated Plan, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. Lula Butler introduced Ben Bryant, who is now the Program Coordinator for MAD DADS. Mr. Randolph returned to the dais at this time. 10.C. STIPULATED SETTLEMENT AHREEMENT/COMPREHENSIVE PLAN AMENDMENT 92-2: Consider approval of a stipulated settlement agreement between the City and the Florida Department of Communi- ty Affairs (DCA) describing the changes required to Comprehensive -10- 6/6/95 Plan Amendment 92-2 to bring the Comprehensive Plan into compli- ance with State statutes and rules. Prior to consideration of the Stipulated Settlement Agreement between the City and the Florida Department of Community Affairs (DCA) describing the changes required to Comprehensive Plan Amendment 92-2, a public hearing has been scheduled at this time. Mayor Lynch opened the public hearing. There being no public comment, the public hearing was closed. Dr. Alperin moved to approve the stipulated settlement agreement for the Comprehensive Plan Amendment, 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. 10.D. ORDINANCE NO. 26-95: An ordinance designating The Blank House located at 85 S.E. 6th Avenue as a local historic site. 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. 26-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE BLANK HOUSE, LOCATED AT 85 S.E. 6TH AVENUE, AS MORE PARTICULARLY DESCRIBED HERE- IN, 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 MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 26-95 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. Dr. Alperin moved to adopt Ordinance No. 26-95 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.E. ORDINANCE NO. 27-95: An ordinance designating The Monterey House located at 20 North Swinton Avenue as a local historic site. Prior to consideration of passage of this ordi- 6/6/95 nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 27-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE MONTEREY HOUSE, LOCATED AT 20 NORTH SWINTON 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. (Copy of Ordinance No. 27-95 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. Ellingsworth moved to adopt Ordinance No. 27-95 on Second and FINAL Reading, 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. 10.F. ORDINANCE NO. 28-95: An ordinance designating the Historic Bungalow located at 24 North Swinton Avenue as a local historic site. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 28-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE HISTORIC BUNGALOW, LOCATED AT 24 NORTH SWINTON 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. (Copy of Ordinance No. 28-95 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- -12- 6/6/95 ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Dr. Alperin moved to adopt Ordinance No. 28-95 on Second and FINAL Reading, 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. ll.B. Comments and Inquiries on Non-Agenda Items from the Public - Immediately following Public Hearings. 11.A. City Manager's response to prior public comments and inquiries. The City Manager commented that on May 2, 1995, Mr. Eli Behar spoke to the Commission regarding the Landlord Permit Ordinance. Mrs. Butler met with Mr. Behar on May 8, 1995, to discuss his concerns and she explained the concept of one appli- cation per building under one agent or manager which the City would accommodate for him; however, she was unable to resolve Mr. Behar's concerns. He is of the opinion that the City should give a reduced fee based on the number of units owned and rented. She explained that this is not provided for under the City's Ordi- nance and he would have to pay the fees identified. Ms. Butler has not heard from Mr. Behar since their meeting on May 8, 1995. 11.B. From the Public. 11.B.1. Pauline Moody, 609 S.W. 8th Avenue, stated that last year she filed a complaint regarding sexual misconduct against two male Police officers. She feels she has been treated unfair- ly by the City, and expressed her dissatisfaction with the situa- tion. At this point, Mayor Lynch declared a brief recess. The meeting was reconvened and called back to order by Mayor Lynch. At this point, the Commission proceeded to the First Readings portion of the Agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 29-95: An ordinance annexing a 4.17 acre parcel of land located on the west side of Military Trail, ap- proximately 1,400 feet south of Atlantic Avenue; establishing initial zoning of POC (Planned Office Center) District, and providing for a small scale land use plan amendment to affix an official City land use designation of Transitional. If passed, public hearing on June 20, 1995. The City Manager presented Ordinance No. 29-95: -13- 6/6/95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 1,400 FEET SOUTH OF ATLANTIC AVENUE, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPRE- HENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO POC (PLANNED OFFICE CENTER) DISTRICT; PROVIDING A GENERAL REPEAL- ER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Smith moved to approve Ordinance No. 29-95 on FIRST Reading, 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. 12.B. ORDINANCE NO. 30-95: An ordinance correcting the Future Land Use Map designation from General Commercial and Transitional to Commercial Core for property located south of Atlantic Avenue on the east side of S.E. 1st Avenue and the east and west sides of S.E. 2nd Avenue (small scale amendment). If passed, public hearing June 20, 1995. The City Manager presented Ordinance No. 30-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE FUTURE LAND USE MAP DESIGNATION FROM GENERAL COMMERCIAL, IN PART, AND TRANSITIONAL, IN PART, TO COMMERCIAL CORE, FOR PROPERTY LOCAT- ED IN BLOCKS 77, 78 AND 86, TOWN OF DELRAY PLAT, AS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; 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. 30-95 on FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the -14- 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. 12.C. ORDINANCE NO. 31-95: An ordinance reestablishing the SAD (Special Activities District) zoning classification for Marina Delray, located at the southeast corner of George Bush Boulevard and Palm Trail. If passed, public hearing June 20, 1995. The City Manager presented Ordinance No. 31-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REESTABLISHING THE SAD (SPECIAL ACTIVITIES DISTRICT) ZONING CLASSIFICATION FOR A PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER OF GEORGE BUSH BOULE- VARD AND PALM TRAIL KNOWN AS MARINA DELRAY, AS MORE PARTICULARLY DESCRIBED HEREIN; GRANT- ING SITE PLAN APPROVAL WITH CERTAIN CONDI- TIONS; PROVIDING FOR AN IMPROVEMENT SCHEDULE FOR THE INSTALLATION OF IMPROVEMENTS TO THE SITE; 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 31-95 on FIRST Reading, seconded by Mrs. Smith. Upon roll call the Com- mission 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. 12.D. ORDINANCE NO. 32-95: An ordinance rezoning properties located along the F.EoC. Railroad corridor in the downtown area from CBD (Central Business District), in part, GC (General Com- mercial) District, in part, and SAD (Special Activities Dis- trict), in part, to CBD-RC (Central Business District Railroad Corridor). If passed, public hearing June 20, 1995. The City Manager presented Ordinance No. 32-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CBD (CENTRAL BUSINESS DISTRICT), IN PART, GC (GENERAL COMMERCIAL) DISTRICT, IN PART, AND SAD (SPE- CIAL ACTIVITIES DISTRICT), IN PART, IN THE CBD-RC CENTRAL BUSINESS DISTRICT--RAILROAD CORRIDOR) DISTRICT; SAID LAND BEING GENERALLY LOCATED IN THE DOWNTOWN AREA ADJACENT TO THE F.E.C. RAILROAD CORRIDOR, AS MORE PARTICULAR- LY DESCRIBED HEREIN; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A -15- 6/6/95 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. 32-95 on FIRST 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. 12.E. ORDINANCE NO. 33-95: An ordinance amending Section 4.4.13(H), Central Business District Special Regulations, of the Land Development Regulations by deleting the special use provi- sions for the light industrial area along the F.E.C. Railroad corridor in the downtown area. If passed, public hearing June 20, 1995. The City Manager presented Ordinance No. 33-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(H), "SPECIAL REGULATIONS", OF THE LAND DEVELOPMENT REGULA- TIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY DELETING SUBPARAGRAPHS 4.4.13(H) (3) AND 4.4.13(H) (4) IN THEIR ENTIRETY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Smith moved to approve Ordinance No. 33-95 on FIRST Reading, seconded by Dr. Alperin. 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.F. ORDINANCE NO. 34-95: An ordinance amending the Land Development Regulations by enacting a new subsection 4.5.1(M), "Tax Exemption for Historic Properties", to authorize a partial ad valorem tax exemption for qualifying improvements to historic properties. If passed, public hearing June 20, 1995. The City Manager presented Ordinance No. 34-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", OF THE LAND DEVELOP- MENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBSECTION 4.5.1(M), "TAX EXEMPTION FOR HISTORIC PROPER- -16- 6/6/95 TIES" TO AUTHORIZE AD VALOREM TAX EXEMPTIONS FOR ~ISTORIC PROPERTIES; ESTABLISHING RE- QUIREMENTS AND PROCEDURES; DESIGNATING THE HISTORIC PRESERVATION BOARD TO REVIEW APPLI- CATIONS AND MAKE RECOMMENDATIONS TO THE CITY COMMISSION, ESTABLISHING PENALTIES; PROVIDING A SAVING CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Discussion followed by the Commission. Mr. Ellingsworth questioned the ten year exemption period, stating that he felt it should read "up to a period of ten years" as opposed to a mandatory period. Mayor Lynch questioned the impact of the proposed ordinance on commercial properties in historic districts. Also, he raised the question of whether the tax exemption would apply to eligible properties in the CRA in light of the tax increment financing (TIF). The City Attorney stated that she would re- search the matter further prior to second reading of the ordi- nance. Dr. Alperin moved to approve Ordinance No. 34-95 on FIRST Reading, seconded by Mrs. Smith. Upon roll call the Com- mission 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. At this point, the Commission returned to the regular agenda. 9.E. CONDITIONAL USE MODIFICATION/BETHEL EVANGELICAL CHURCH: Consider a request for modification to an approved conditional use to allow building expansion, room conversion and construction of a stabilized sod parking lot for Bethel Evangelical Church. The subject property is located at the northeast corner of S.W. 8th Avenue and S.W. 8th Court, and is zoned R-1-A (Single Pamily Residential). The City Attorney stated this item will be conducted as a Quasi-Judicial Hearing. No one from the public came forward to give testimony on this item. Diane Dominguez, Planning Director, stated this is an expansion of an existing church located at the northeast corner of S.W. 8th Avenue and S.W. 8th Court. This will allow a class- room addition, conversion of the existing pastor's office and choir room in the west wing to a Fellowship Hall, conversion of 4 previously approved classrooms into seating for 64 people {7 -17- 6/6/95 pews), a pastor's office and clerical office and construction of an on-site stabilized sod parking lot. The Planning and Zoning Board considered the request at the public hearing on May 15, 1995, and voted 6 to 0 to recommend approval, subject to the conditions outlined in the staff report. Mr. Randolph moved to approve the conditional use modification for Bethel Evangelical Church based on positive findings with respect to Section 3.1.1 and Section 2.4.5(E) (5) of the Land Development Regulations, policies of the Comprehensive Plan, and subject to the conditions recommended by the Planning and Zoning Board, 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.F. SEWER EXTENSION JOINT FUNDING PROPOSAL/LEE PROPERTY: Consider a joint funding proposal for construction of approxi- mately 1,400 linear feet of gravity sewer main along Franwood Drive to serve the Lee property. Mayor Lynch stated that he felt there should be a definite cap on the City's contribution to this project at $33,333.00, which is one-third of staff's estimated cost of the sewer line. Dr. Alperin moved to approve the City's one-third participation in the cost of extending a sewer line on Franwood Drive to serve the Lee property, subject to that one-third par- ticipation not exceeding the dollar amount of $33,333.00; second- ed by Mrs. Smith. Upon roll call the Commission voted as fol- lows: 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.G. RESCIND NUISANCE ABATEMENT BID AWARD AND RE-AWARD BID: Rescind bid award to Seagull Industries For The Disabled, Inc. and award to the secondary contractor and next low bidder, Walcott and Son. Mrs. Smith moved to approve and rescind the nuisance abatement bid award and re-award the bid to Walcott and Son, 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.H. CONTRACT ADDITION (C.O. #3)/MURRAY LOGAN CONSTRUCTION, INC.: Consider contract addition (C.O. #3) to Murray Logan Construction, Inc. in the amount of $7,000 for the furnishing and installation of three slabs in conjunction with Lift Station #7 rehabilitation; with funding from 442-5178-536-61.83. -18- 6/6/95 Dr. Alperin moved to approve the contract addition (C.O. #3) with Murray Logan Construction in the amount of $7,000, 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.I. COMPUTER UPGRADES FOR ENVIRONMENTAL SERVICES DEPART- MENT: Consider approving the purchase of upgraded computer systems for the Environmental Services Department at a cost of $42,317 with funding in the amount of $5,550 from 001-2911-519-64.11, $3,000 from 441-5145-536-66.10, and $33,767 from 442-5178-536- 64.11. Mr. Ellingsworth moved to approve the purchase of the upgraded computer systems for the Environmental Services Depart- ment at a cost of $42,317, 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.J. SPECIAL EVENT APPROVAL/FOURTH OF JULY PARADE: Consider approval of a request from the Centennial Committee to conduct a 4th of July Parade on Saturday, July 1, 1995, including temporary use permit and waiver of Police overtime costs. Mrs. Smith moved to approve the special event approval for the 4th of July Parade on Saturday, July 1, 1995, including temporary use permit and waiver of Police overtime costs, second- ed 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.K. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint a member to the Downtown Development Authority for a three year term ending July 1, 1998. Mr. Randolph moved to re-appoint Marguerite Eaton to the Downtown Development Authority for a three year term ending July 1, 1998, seconded by Dr. Alperin. Upon roll call the Com- mission 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. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manager In response to Mayor Lynch's prior inquiry last month regarding off-site storage of computer tapes and records, the City Manager stated that all the computer back-up tapes from the AS-400 are stored off-site at Data Vault (1801 South Federal -19- 616195 Highway, Delray Beach). He also stated that all storage other than the back-up tapes, is kept within City buildings. In response to Mayor Lynch's prior inquiry regarding who the engineer was on the Miller Park storage tank, the City Manager stated the engineer was Post, Buckley, Schuh & Jernigan, Inc. and the contractor was Elkin Constructors, Inc. The City Manager stated due to the age of the facility and the nature of problem, there was no warranty recourse to the contractor. The repairs to the pump discharge five connections were accomplished by in-house personnel and then the Commission was asked to ap- prove the contractor to do the repainting. Thirdly, the City Manager stated at the City Manager's Conference last week, Lieutenant Governor Buddy McKay spoke about the comprehensive planning process and discussed some of the problems. One problem is that ten years after comprehensive planning was put into place, the average density in urban areas is lower today than it was ten years ago. The other major prob- lem is there are such vast differences in the State particularly in northern Florida where everyone is going through the same process as southern Florida coping with rapid growth. Lieutenant Governor McKay feels there needs to be major changes made. 13.B. City Attorney None. 13.C. City Commission 13.C.1. Mrs. Smith Commissioner Smith inquired about the status of the hurricane shutters for City Hall. The City Manager stated that he would like to discuss this further with staff and possibly have this item on the Workshop Meeting of June 13, 1995. 13.C.2. Dr. Alperln Dr. Alperin stated that the discussion at the last meeting of the Education Concurrency Task Force, was how they would fund the $600 million shortfall over the next five years. He stated there seemed to be predominance of favoring the addi- tion of the one cent sales tax as opposed to a bond. Dr. Alperin noted that there was no discussion of other concurrency methods for handling the growth of students nor reducing the classroom size. 13.C.3. Commissioner Ellingsworth Commissioner Ellingsworth complimented staff on the attractive entrance sign that can be seen when entering Delray via West Atlantic Avenue. He suggested that the City consider -20- 6/6/95 designing a permanent sign to indicate various events happening throughout the City. 13.C.4. Commissioner Randolph Commissioner Randolph stated he will not be able to attend the Goal Setting meeting on Thursday, June 8, 1995. 13.C.5. Mayor Lynch Mayor Lynch stated that regarding Ms. Moody's previous comments tonight, he feels the Commission is honored in a sense that the City of Delray Beach follows a City Manager form of government. Mayor Lynch stated that he referred Ms. Moody to the City Manager informing her that she could have the opportunity for an internal affairs investigation. The City Manager stated he met with Ms. Moody on one occasion and she is unhappy with the results. The City Manager stated the City imposed a ten day suspension on the Lieutenant placing him in a probationary status for six months. He also stated this is all that could be done because his record is impeccable. The other officer resigned. Ms. Moody and other members of her family have filed criminal charges against him so currently this is an ongoing investigation. There being no further business, Mayor Lynch declared the meeting adjourned at 8:20 P.M. ' ~i6y Clerk ; ATTEST~~~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 June 6, 1995, which minutes were formally approved and adopted by the City Commission on ~tt4tf~ 20. /~q~ , - ~ity'cie~ ' - NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions to the minutes as set forth above. -21- 6/6/95 Kathleen E. Daley & Associates, Inc. a GOVERNMENTAL AFFAIRS MEMORANDUM CITYCOMMI~ION TO: DELRAY BEACH CITY COMMISSION THROUGH: DAVID HARDEN, CITY MANAGER FROM: KATHLEEN E. DALEs/~v~ SUBJECT: FINAL LEGISLATIVE REPORT DATE: MAY 16, 1995 1) ACCESS TO PUBLIC OFFICIALS HB 5 by Representative Lee Constantine SB 438 by Senator Ron Silver This bill allows members of the general public, who ar~ not otherwise prohibited, to have ex parte contact with the public official regarding the merits of any matter which may come before any board or commission on which the public official serves. BB 5 (SB 438) passed the Legislature and is now on its way to the Governor. This bill will go into effect upon becoming law. 2) OFFICER EVELYN GORT CAREER CRIMINAL ACT HB 461 by Representative Bruno Barreiro SB 168 by Senator Ron Silver This bill enhances the penalties for career criminals. It provides for a mandatory 15 year sentence for an armed career criminal. SB 168 (HB 461) passed the Legislature and is now on its way to the Governor. This bill will go into effect on July 1, 1995. MARINE TURTI~S/NESTRELOCATION HB 1379 by Representative Tom Warner SB 2642 by the Senate Committee on Natural Resources This bills allows a beach restoration project to be done during the summer months providing the local government has a successful turtle nest relocation program. The determination shall be done in conjunction with DEP. On¢CapitolPlace.108EastJe~rsonStreet, SuiteC' ~llahassee, FL32301 (904)222-0000' ~x:(904)222-0095 Memorandum to the Delray Beach City Commission May 16, 1995 Page Two SB 2642 (HB 1379) bill passed the Legislature and is now on its way to the Governor. The bill will go into effect October 1, 1995. 4) CONFIDENTIAIJTY/PUBLICTOURISM ENTITLES HB 889 by House Committee on Governmental Operations SB 1084 by Senate Committee on Commerce This bill revises the exemption from the public records requirements for information received by the Division of Tourism, the Florida Commission on Tourism, and the Office of the Executive Director of the Florida International Affairs Commission. HB 889 (SB 1084) passed the Legislature and is now on its way to the Governor. This bill will go into effect on October 1, 1995. 5) WATER POLICY HB 2609 by the Select Committee on Water Policy ~ SB 2690 by Senator Virginia Brown-Waite This bill revises the powers and duties of counties, municipalities, and water management districts to provide for construction, use, and regulation of alternative water supplies. The bill authorizes the establishment of county taxing units, levy of special municipal assessments, and municipal establishment of zones or areas in which connecting to alternative water supplies is required. HB 2609 (SB 2690) passed the Legislature and is now on its way to the Governor. This bill will go into effect on July 1, 1995. We were told at the beginning of session there would not be a bill that would pass. This was an exercise to bring interested parties to the table. When this bill started moving the sponsor decided to try and pass it. We had it stopped until the sponsor asked to please let the bill go and he would personally work with us before next session. He has advised that a "water policy package" will be proposed next year and this bill (HB 2609) will be fine tuned. 6) FLORIDA INLAND NAVIGATION DISTRICT HB 2397 by Representative Ken Pruitt SB 1006 by the Senate Committee on Natural Resources Memorandum to the Delray Beach City Commission May 16, 1995 Page Three This bill reauthorizes the Florida Inland Navigation District (FIND). The bill also requires new FIND commissioners to be confirmed by the Senate. The original bill provided for FIND's abolition on October 1, 1995. Local. governments joined together to amend the bill due to FIND's funding of local projects. SB 1006 (HB 2397) passed the Legislature and is now on its way to the Governor. This bill will go into effect on July 1, 1995. 7) PRIVATE PROPERTYRIGHTS ACT OF FLORIDA HB 1381 by Representative Bert Harris SB 1326 by Senator John McKay This bill creates the Private Property Rights Act of Florida, which requires full compensation for depriving or devaluing lawful use of private property. HB 1381 died in the House Judiciary Committee. ~ SB 1326 was amended on to HB 863 by Representative Dean Saunders, which passed the Legislature and is now on its way to the Governor. HB 863 will go into effect on October 1, 1995. 8) TOURIST DEVELOPMENT TAX/4~CENT Representative Sharon Merchant and Representative Ron Klein amended the expansion of the fourth cent language onto HB 1757 by Representative Jim Davis. This bill passed the legislature with the language intact. The bill will go into effect upon becoming law. COMMUNITY REDEVELOPMENTAGENCIES(CRA) HB 367 by Representative William Andrews SB 2624 by Senator Matthew Meadows This bill provides that circuit courts have the jurisdiction to determine the validation of findings of necessity and creation of CRA's. It provides for the filing of a complaint by an agency or its governing body. The bill also allows a limitation on actions to contest the validity of findings of necessity and of the creation of a CRA. After amending the bill several times the Senate staff was still not comfortable with the bill. They felt it needed further review. Therefore, the Senate bill was stalled and they adjourned before coming to a final decision on it. Memorandum to the Delray Beach City Commission May 16, 1995 Page Four 10) HOUSING FINANCE AUTHORITIES HB 91 by Representative Alzo Reddick SB 92 by Senator William Turner This bill authorizes Housing Finance Authorities to develop, lease, or sell real or personal property which the authority owns. It also allows Housing Finance Authorities to issue qualified mortgage credit certificates to be issued as an alternative to the single family mortgage revenue bonds. HB 91 was pulled out of the House Appropriations Committee on April 24th, and passed on the House on April 27th 114 - 0. This bill died in the Senate Committee on Community Affairs. SB 92 died in the Senate Judiciary Committee. 11) WASTEWATER-REUSE SYSTEMS SB 902 by Senator Howard Forman ~ This bill allows counties, municipalities, special districts and CRAs to require that all property in their respective areas be connected to a water system, sewer system, or wastewater-reuse system. SB 902 died in the Senate Community Affairs Committee. There was no House companion. 12) PRIVATE PROPERTYRIGHTS CONSTITUTIONAL AMENDMENTS HB 1847 by Representative Ken Pruitt SB 968 by Senator Charles Williams This bill proposes an amendment to Section 6 of Article X of the Florida Constitution relating to compensation for the taking of private property. HB 1847 died in the House Judiciary Committee. SB 968 was placed on the Senate calendar during the final days of session, but was never heard. 13) PUBLIC LIBRARIES SB 2636 by Senator Ron Silver This bill provides for public municipal library operating grants program, providing funding for this program. Memorandum to the Delray Beach City Commission May 16, 1995 Page Five SB 2636 died in the Senate Governmental Reform and Oversight Committee. This bill had no House companion. This bill originally had a House sponsor (Representative Lori Edwards) but she withdrew the bill. While I was talking to the municipal libraries association lobbyist he informed me that the state and county systems have a strong hold on where the dollars are spent. I have contacted their lobbyist Jody Fitzgerald and she has agreed to work with me through the interim. I do not know any other reason for not funding the municipal libraries except that she feels there is not enough money now. ]4) EMINENT DONL4/N HB 1825 by Representative John Cosgrove SB 2280 by Senator John Grant This bill provides that a jury must determine ~full compensation in eminent domain cases. HB 1825 died in the House Judiciary Committee. SB 2280 died in the Senate Transportation Committee. 15) PARKING SPACES FOR DISABIJED PERSONS HB 739 by Representative Everett Kelly SB 1404 by Senator Howard Forman This bill revises the law regarding handicapped parking. HB 739 passed the House on May 3rd and was sent to the Senate. The bill was referred to the Senate Transportation Committee, but was not taken up. SB 1404 was placed on the Senate calendar during the final days of session, but they adjourned before the bill could be taken up.