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07-18-95 JULY 18, 1995 A Regular Meeting of the City Commission of the City of Delray Beach, Plorida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:05 P.M., Tuesday, July 18, 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 Dr. Warren Langer, Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mayor Lynch requested that Item 9.H., SEACREST PROPERTY ACQUISITION, be moved forward on the Regular Agenda as Item 9.A.A. in order to accommodate certain individuals who were present to address the Commission on this matter, but who had other commitments later in the evening. Mr. Ellingsworth moved approval of 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 June 20, 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. Proclamations= 6.A. Recognizing and commending the "Frog Alle¥ians". Mayor Lynch read and presented a proclamation recogniz- ing and commending the "Frog Alleyians", residents of a small section of the community who are having a reunion to reminisce over the "good ole days" during the weekend of July 28-30, 1995. Ms. Gertrude Green came forward to accept the proclamation. 6.B. Recognizing and commending the Police Explorers. Mayor Lynch read and presented a proclamation recogniz- ing and commending the Police Explorers, Post %319, and urged all citizens to acknowledge the significant contributions made by this group of dedicated young people in the highest and best traditions of community service. Officer Jeff Miller came forward to accept the proclamation. On behalf of the Commission and the Police Department, Mayor Lynch announced that Police Explorer Lt. Matt Weiner has been promoted to the rank of Captain. At this point, the City Manager introduced Mr. Miomir Serbinson, Chief Executive from the municipality of Staffanstorp, Sweden, who is visiting the City for approximately three weeks. Mr. Serbinson is here this evening to observe the Commission meeting. The municipality of Staffanstorp has a Commission consisting of 41 members who meet once a month in a public meet- ing. There is a board and an executive committee which meet twice a month in private meetings. Mayor Lynch welcomed Mr. Serbinson to the United States of America and the City of Delray Beach. 7. Presentations: None 8. CONSENT AGENDA: City Manager recommends approval. 8.A. FINAL PAYMENT/DIGBY BRIDGES, MARSH & ASSOCIATES: Approve a request for final payment in the amount of $7,950.00 from Digby Bridges, Marsh & Associates for consulting services associated with the construction of the Municipal Golf Course Clubhouse project; with funding from 445-4763-572-31.30. 8.B. FINAL PAYMENT/GEE & JENSON: Approve a request for final payment in the amount of $1,650.00 from Gee & Jenson, Inc. for their work associated with the City Hall-North Wing Hurricane Shutter project; with funding from 334-6111-519-62.10. 8.C. FINAL PAYMENT/SUN ART PAINTING CORPORATION: Approve a request for final payment in the amount of $10,330.00 from Sun Art Painting Corporation for the Repainting of the Water Treat- ment Plant project; with funding from 441-5143-536-46.10, 441-5122- 536-46.10, and 442-5178-536-46.10. 8.D. CHANGE ORDER NO. 2 (FINAL) AND FINAL PAYMENT/TEAM LAND DEVELOPMENT, INC.: Approve Change Order No. 2 (Final) in the amount of $2,520.00 and final payment in the same amount to Team Land Development, Inc. to correct a scrivener's error (transposi- 2 7/18/95 tion of numbers) made in Change Order No. 1 (Final) which result- ed in Team Land Development being underpaid for work associated with the 12" Water Main Extension/Barwick Road and Lake Ida Road project. Funding is available from 440-5179- 536-63.55 and 63.56. 8.E. DEDUCT CHANGE ORDER NO. 1 AND FINAL PAYMENT/FLORIDA DESIGN CONTRACTORS, INC.: Approve Change Order No. 1 (final) in the net deduct amount of $51,623.60 and request for final payment in the amount of $38,246.64 to Florida Design Contractors, Inc. for the Morikami Park Wellfield Transmission Main; with funding from 440-5179-536-63.61. 8.F. DEDUCT CHANGE ORDER NO. i AND FINAL PAYMENT/TELCON, INC.: Approve Change Order No. 1 (final) in the net deduct amount of $37,705.57 and request for final payment in the amount of $101,930.27 to Telcon, Inc. for completion of the 24" Raw Water Main Phase III (Military Trail to Sherwood Boulevard) project; with funding from 440-5179-536-63.61. 8.G. SETTLEMENT AGREEMENT AND RELEASE/ANTHEM AND ANTHEM HEALTH PLAN OF FLORIDA: Approve a Settlement Agreement and Release among the City, Anthem Life Insurance Company and Anthem Health Plan of Florida, Inc. concerning premium tax overpayment. Dr. Alperin moved to approve the Consent Agenda, sec- onded 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. REGULAR AGENDA: 9.A.A. (9.H.) SEACREST PROPERTY ACQUISITION: Provide direc- tion concerning the proposed joint City, County and School Board project for the acquisition and construction of a gymnasium on the Seacrest property, west of Atlantic High School. Assistant City Manager Bob Barcinski explained the School Board's counter proposal relating to the Seacrest Property acquisition project. The School Board is willing to provide a $100,000 cash contribution at this time with a commitment to provide a cash contribution from any savings that may be realized from the cafeteria project when it is completed in two to three years. This amount is estimated at $200,000.00. The School Board is willing to contribute any private grant funding that might be received for this project, which has been estimated at $400,000. They will provide in-kind planning and design services estimated at roughly $70,000. The balance of the funding will be provided in PY 97/98 assuming a bond issue or sales tax proposal for school construction passes. Mr. Barcinski reviewed the preliminary costs for the project, estimated to be some $2,000,000. The original cost 3 7/18/95 sharing proposal was for the City to contribute $300,000, the County $400,000, with the School Board funding $1,300,000. In view of the School Board's position at this time, Mr. Barcinski presented the following options to the Commission: (1) Accept the School Board's proposal as outlined above; (2) Reject the proposal with no further action; (3) Reject the School Board proposal and proceed with the development of a separate project with the County, utilizing County bond funds; or (4) Proceed with the property development as proposed by the School Board and seek additional funding from the County, with the stipulation that if the School Board obtains additional funding for the project with bond funds or sales tax, that they would repay the County. Although this was not a public hearing item, the fol- lowing individuals were allowed to address the Commission. Ms. Carole Shetler, Principal of Atlantic High School, reviewed the High School's accomplishments and expressed her appreciation to the Commission for the City's support over the years. She encouraged the Commission to continue to work with the School Board toward the realization of the Seacrest property project, emphasizing the need for this facility by Atlantic High School. As to the options outlined by staff, Ms. Shetler re- quested the Commission consider either #1 or #4. At this point, Ms. Shetler introduced Mr. Robert Hayes, School Board member appointed by the School Board to serve as liaison between the Board and the City for this project. Bob Hayes, Vice Chairman of the Palm Beach County School Board, explained that he was present this evening as representative of the School Board to present the Board's current position. Mr. Hayes stated for the record that the School Board's position is not his personal preference. Nonetheless, he had been asked to express to the Commission the School Board's proposal, recognizing that the City cares very much about its schools and understanding that the School Board will try to do everything possible to help improve the City's schools. Mr. Hayes stated that while the School Board does not presently have the money available for this particular project, there is commitment to it. When the funds are available, the School Board will put as much aside as possible for the project. Currently, the School Board has committed $100,000o00 for devel- opment and $70,000.00 for in-kind planning services. As a member of the School Board and a very active participant in this commu- nity, Mr. Hayes pledged to do all that he can to push this project with the School Board. He felt that additional funds would be available in the near future and asked that the School Board be allowed to continue as a participant in this project. Richard McGloin, representing the Seacrest Property Task Team as well as home and property owners in the Seacrest neighborhoods, urged the Commission to continue in some form to -4- 7/ 8/95 obtain input and guidance from the affected neighborhoods when formulating decisions about the Seacrest property project. He pointed out that the residents would like to see Atlantic High School become part of this project. He recognized all of the frustrations and problems the City has had in its efforts to work with the School Board, but urged the Commission to continue their efforts and not to give up on this project. At this point, Mr. Barcinski advised that the Education Board had reviewed this matter and recommended Option #4 be pursued by the Commission. Discussion by the Commission followed. Upon question by Mr. Ellingsworth, the City Manager stated that if the Commis- sion wished to proceed with Option #4, the City would proceed with acquisition of the land. Mr. Randolph stated that he would like to see the project proceed. However, he expressed concern that somewhere down the road the School Board may renege on its commitment for funding and then the taxpayers of the City would be affected. He felt strongly that the City should have a written guarantee from the School Board as to their funding commitment. Mrs. Smith agreed that there should be firm commitment from the School Board for its support. She would like to see the project proceed since it is too good of an opportunity to pass up, and indicated that she could support Option #4. Dr. Alperin stated that he has the upmost respect for Mr. Hayes who has made a huge contribution and personal effort to Atlantic High School and the City of Delray Beach. Also, that he has great confidence in Mr. Hayes as a member of the School Board. However, he does not trust the Palm Beach County School Board. The Board has not followed through on arrangements with the City, whereas the City has done everything it said it would do, and more. The Seacrest property project is an important one and is very much needed. The City and the County have gone to the School Board with an offer of assistance and have simply asked for a firm commitment by a date certain. The School Board has not even done that. They are talking about a proposal that contains too many "ifs", and there is no reason for the City to believe that it will receive any funding toward this project. If the School Board was truly interested in being an active partici- pant in this project, they should have given a written commit- ment. He emphasized that this is all the City asked for initial- ly. Mayor Lynch stated that he, too, has lost trust in the School Board and does not have any confidence that they would follow through on their commitments. He noted that Mr. Hayes is an exception as he is totally devoted to the betterment of the schools, not only in Delray Beach but throughout the entire County. Mayor Lynch noted that in its various partnerships with -5- 7/18/95 the School Board, the City has spent some $3.9 million during the past ten years which is more than any other community in Palm Beach County. The City has been very fair in its dealings with the School Board, but the Board has not responded to the City's needs. He stated that he could not support the proposal from the School Board. However, if the City can put something together with the County, he supports the acquisition of the land. Fur- ther, Mayor Lynch stated that even without the School Board's participation, he would do everything possible to ensure that Atlantic High School would still have access to the facility. At this point, Mr. Barcinski stated that if the Commis- sion agreed to support Option #4, it might be possible to proceed with acquisition and demolition of existing structures, and delay the design work for a year. If there is a good faith effort and the School Board comes through with a firm commitment within that time, then design work could proceed which would benefit the school. If there is no commitment from the School Board, then the City and the County would still be free to proceed with the design of a recreation center. Dr. Alperin stated that he did not want to ask the County to wait a year on the design. If the School Board decides to make a commitment before the design phase, then perhaps the City and County would reconsider the Board's participation. Dr. Alperin moved to approve Option #3, that being to reject the School Board proposal and proceed with the development of a separate project in conjunction with Palm Beach County, with the caveat that the City would be willing to reconsider School Board participation provided a written proposal is received prior to commencement of the design phase of the project. The motion was 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. 9.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider accepting the actions and decisions made by the Site Plan Review and Appearance Board during the period July 10 through July 14, 1995. Dr. Alperin moved to receive and file the report, seconded by 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. The City Manager suggested moving the Review of Appeal- able Land Development Board Actions to the Consent portion of the meeting on future agendas inasmuch as this is usually a perfunc- tory item. If a Commissioner wishes to appeal an item, then the item could simply be moved to the regular agenda. The Commission concurred. 6 7/18/95 9.B. PEACH UMBRELLA PLAZA ASSOCIATION PERFECT HARMONY FESTI- VAL: Consider a request from the Peach Umbrella Association for a temporary use permit, street closures, City staff assistance and waiver of overtime costs and stage rental fees for the Per- fect Harmony Festival on October 7, 1995. Mr. Barcinski stated that the Peach Umbrella Plaza Association has requested the Commission's endorsement and ap- proval of the Perfect Harmony Festival on October 7, 1995, in- cluding the following: (1) temporary use permit for the partial closure of Atlantic Avenue (one lane of traffic on the north and south side of the street from 2nd Avenue to 5th Avenue); (2) City staff assistance to apply for the street closure to the Florida Department of Transportation, apply for temporary power with FP&L, use and set up of City stage, Police security and traffic control, barricade installation, trash pick-up and street clean- ing; (3) waiver of staff overtime; and (4) use of the Tennis Center and waiver of fees. The Association will be responsible for obtaining the necessary approvals for extra parking at Mt. Olive Church and at the South County Courthouse. Estimated overtime cost for the event is between $3,000.00 and $4,000.00. Concerning the request for use of the tennis stadium, Mr. Barcinski noted that any entertainment functions have to comply with the contract with Palm Acts, Inc., and that this request has been forwarded to the City Attorney's office. Discussion by the Commission followed. With respect to waiving fees for the tennis stadium, Dr. Alperin reiterated his concern about setting a precedent for similar requests in the future. Mayor Lynch expressed concern about the request to waive staff overtime costs, noting that the Commission has been alerting organizations with similar requests that the City cannot continue to do this. Charlotte Durante, Founder and President of the Peach Umbrella Association, expressed her appreciation for the City's support in the past. While she recognizes that the budget is getting tighter, she asked the Commission to consider the waiver of overtime costs. Next year the Association will be aware of this situation and will be able to start early in the planning process for the extra money. Ms. Durante stated that in her initial letter, she had indicated that the Florida A&M University (FAMU) Marching Band would be performing at either the tennis stadium or the Atlantic High School football field. She commented that the tennis stadium will probably not be large enough to accommodate the band, and they prefer to march on a football field. Ms. Durante explained that the FAMU Marching Band will be traveling from Tallahassee and that the Steering Committee is looking for spon- sors to house and feed the band's 250 to 300 members. v/is/95 Mr. Randolph moved to endorse and approve the Peach Umbrella Plaza Association's Perfect Harmony Festival on October 7, 1995, to include the following: (1) Temporary Use permit for partial closure of Atlantic Avenue (one lane of traffic on the north and south side of the street from 2nd Avenue to 5th Ave- nue); (2) City staff assistance to apply for the street closure to FDOT, apply for temporary power with FP&L, use and set up of City stage, Police security and traffic control, barricade in- stallation, trash pick-up and street cleaning; and (3) waiver of staff overtime in an amount up to $2,000.00, with the understand- ing that this is the last time the City will absorb this cost. There will be no waiver of fees for any use of the tennis stadium which may occur. The motion was 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 - No. Said motion passed with a 4 to 1 vote. 9.C. TEMPORARY USE PERMIT/GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH: Consider a request from Greater Mount Olive Missionary Baptist Church for a temporary use permit, closure of a portion of N.W. 4th Avenue on July 22, 1995, and waiver of overtime costs associated with the closure, for a Church-spon- sored mini-carnival (no rides) to be held July 21-23, 1995. Mr. Barcinski stated that the request is to close off a portion of N.W. 4th Avenue on Saturday, July 22, 1995, as part of the Church's fund raising event. The Church will be conducting a mini-carnival (no rides) beginning at 7:00 p.m. on Friday, July 21st, through Sunday evening, July 23, 1995. Overtime costs associated with the closure are estimated at $60.00. Mrs. Smith moved to approve the temporary use permit for street closure and deny the waiver of overtime costs, second- ed by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.D. CHARITABLE ORGANIZATION DESIGNATION/"HOOP-IT-UP": Consider approval of the suggested list of charitable organiza- tions as the designees for receiving dollars from the "Hoop-It- Up" event scheduled for October 14-15, 1995. Mr. Barcinski stated that the request is to designate twelve charitable organizations which would receive monies raised by the "Hoop-It-Up" event, per paragraph 4(j) of the Agreement dated February 15, 1995, with Streetball Partners International, Inc. Streetball Partners is actively pursuing this project and would like to have the names of the organizations for use in their efforts to secure sponsors. The charitable groups will share in the proceeds based on the amount of their volunteer participation. It is estimated that between $10,000 and $12,000 will be generated for charitable purposes. The suggested list -s- 7/lS/95 was reviewed by the Joint Venture, with the only comment being that perhaps MAD DADS be substituted for one of the groups. After brief discussion, it was the consensus of the Commission to add MAD DADS as the first alternate to the master list. Mr. Ellingsworth moved to approve the suggested desig- nee list of twelve charitable organizations for receiving dollars from the "Hoop-It-Up" event, with MAD DADS being the first alter- nate, and authorizing staff to contact other charitable organiza- tions which may want to participate as it may become necessary and appropriate. The motion was 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.E. REJECTION OF BIDS/GOLF COURSE RESTROOM FACILITIES: Consider the rejection of all bids for the Golf Course restroom facilities, and authorize staff to solicit quotes from other contractors and negotiate a contract. City Attorney Susan Ruby explained that two actions are requested from the Commission: 1) to consider the rejection of all bids; and 2) declare an emergency and authorize staff to further negotiate due to the emergency situation. The City Manager stated that staff has begun contacting small local contractors that might be interested in this type of job. Mr. EllingSworth moved to reject all bids for the Golf Course restroom facilities, seconded by Dr. Alperino 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. Dr. Alperin moved to declare an emergency situation and authorize staff to proceed to negotiate appropriate contracts, 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.F. CHANGE ORDER NO. ll/CHAZ EQUIPMENT COMPANY, INC.: Consider Change Order No. 11 in the total amount of $55,406.44 to the contract with Chaz Equipment Co., Inc. for miscellaneous quantity adjustments on the Roadway Reconstruction Plan (East of the Intracoastal) and S.E. 5th Street Improvements, and for storm drainage repair at Pines of Delray identified during manhole replacement work authorized by Change Order No. 10; with funding from 228-3162-541-61.19 and 448-5411-538-34.90. 9 7/18/95 Mrs. Smith moved approval of Change Order No. 11 in the total amount of $55,406.44 to the contract with Chaz Equipment Company, Inc., 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. 9.G. CHANGE ORDER NO. 1/MOLLOY BROTHERS, INC.: Consider Change Order No. 1 in the amount of $21,840.00 and an additional 21 days to the contract time with Molloy Brothers, Inc. for the reconstruction of five sanitary sewer laterals on the south side of N.E. 2nd Street that conflict with the existing 60" storm drain; with funding from 442-5178-536-63.51. Mr. Ellingsworth moved approval of Change Order No. 1 in the amount of $21,840.00 and an additional 21 days to the contract time with Molloy Brothers, Inc., seconded by Mr. Ran- dolph. 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.I. APPOINTMENTS TO THE EDUCATION BOARD: Appoint four regular members to two year terms ending July 31, 1997, and one student member to a one year term ending July 31, 1996. Mayor Lynch stated that he wished to reappoint Roland Williams as a regular member to a two year term ending July 31, 1997. Mr. Ellingsworth so moved, seconded by Dr. Alperin. 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. Mrs. Smith moved to appoint Mickey Green as a regular member to a two year term ending July 31, 1997, 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. Dr. Alperin moved to appoint Agartha Gragg as a regular member to a two year term ending July 31, 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. Mr. Ellingsworth moved to reappoint Sacasha Brown, student member, to a one year term ending July 31, 1996, 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. -10- 7/18/95 Mr. Randolph moved to reappoint Rosalind Murray as a regular member to a two year term ending July 31, 1997, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mrs. Smith - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.J. FY 1995/96 BUDGET PRESENTATION AND ESTABLISHMENT OF PROPOSED MILLAGE RATE: The City Manager stated that this is the sixth budget submitted to the Commission during his tenure with the City and he felt that vast improvement has been made in the City's opera- tion, programs and financial condition. The budget as presented is balanced with a 5/100 of a mill reduction in the millage, from $7.95 to $7.90. For a property owner with a home valued at $100,000.00 and a $25,000 homestead exemption, this equates to a decrease of $3.75. While this may not appear significant, reduc- tions in the millage must be in small increments as they were typically established to fund services at a particular level. This reduction is possible, in part, due to the increase in property tax base along with new revenue sources projected for fiscal 1996. This has enabled most of the requests from City departments to be funded at Level 3. There are still requests which need to be funded and these will be addressed after budget meetings with various department heads. While this has been a good year for revenues, it has not been without setbacks. The reduction in grant funding from the Children's Services Council will greatly reduce the number of children that can be served by our after school program unless other funding is made available. Also, in addition to absorbing general price increases that occur each year, the City has been notified by the vendor of the City's computer system that they will not be providing sup- port services or new release upgrades to the operating system's software free of charge as they have in the past. Next year the cost will be $46,960.00 for the City's two main computers. Furthermore, programs which generate some of the new revenues cannot be administrated without some offsetting expense. There are a few items included in the budget which are either new items totally or unfreezing some positions which have been frozen for some time. The City Manager stated that he proposes to fund the position of Staff Assistant II in the City Clerk's Office at a cost of $26,870.00. This is a position which has been frozen for several years and is being reactivated for the purpose of moving ahead with a records management program. Also proposed for funding is a Police Information Specialist position which has been frozen. This position will be used to administer the alarm ordinance and to assist in the -11- 7/18/95 collection of unpaid parking tickets. The new volunteer parking enforcement program has resulted in four times the amount of parking tickets being issued than the prior year. With this position, the Police Department anticipates increasing the col- lection rate from 65% to about 80%. Currently, about $160,000 is outstanding in unpaid parking tickets. A third position which has been frozen for several years is the Communications Manager for Police Emergency Communi- cations. The Police Department feels strongly that this position is necessary to organize personnel and lower the attrition rate for a more cohesive unit working as a team. There have been problems with retaining people in this division and have come to believe that reestablishing this position is a key to getting the kind of performance we want from the Emergency Communications staff. The lifeguard staff at the Pompey Park pool will con- sist of a full-time Pool Manager and two lifeguards in order to operate year round at a cost of $90,600.00. Four new School Crossing Guards need to be added; three for the new Orchard View Elementary School and one additional guard at Spady Elementary at a cost of $15,840.00. The City Manager noted that this is not an all inclu- sive list of the additional items that will be funded, but it does represent some of the more costly items that have recurring expense in the future. Revenues for the FY 1995/96 budget total approximately $43 million, which is $200,000.00 above FY 1994/95, without the bond issue adjustments. The ad valorem tax revenue is up be- cause of the 3.26% increase in the City's assessed valuation. The City Manager pointed out that this is the second year we have had an increase; the two prior years we had decreases. This continues a steady increase in the City's tax base. In the two previous years, the valuation decreased by $48 million. The current increase is approximately $80 million over the prior year. Of this increase, about $3.4 million is attributable to new construction and $7.4 million to annexation. The total increase will provide additional tax revenues of $378,000.00 based on proposed millage. The increase in assessed valuation results, under the Truth in Millage law, in a 1.06% increase in taxes. Although we would be reducing the rate, we're getting more revenues so it is considered a tax increase. The assessed valuation of property located within the CRA increased by $8,954,771.00 which accounts for 11% of the City's growth. Although the operating millage for which the CRA distribution is calculated decreased by .05 mills, the net result is an increase in their revenue from the City of $57,800.00. 7/ 8/95 Licenses and permitting fees are expected to increase by $145,000.00 which is due in part to the changes in occupation- al licensing. Some of the additional revenues which we antici- pate are for building permits in the coming year, such as the reconstruction of the Delray Beach Mall. Charges for services are projected to increase approxi- mately $367,000, due mainly to new programs and increased partic- ipation in recreational programs. Alot of it is from the ad- vanced life support patient transportation. The annual fee for beach sailboat storage has been increased from $121.00 to $200.00. Also expected is increased participation in tennis admissions, tennis lesson sales and summer day camp fees. Fines and forfeiture revenues are up; about $77,200 for fines. Miscellaneous revenues decreased by about $172,000.00 primarily due to one time receipts and interest earnings and the recovery of some prior year revenues in FY 1994/95. The West Atlantic Avenue Redevelopment Plan was com- pleted, for which the CRA paid us this year. There is nothing like this coming along next year. As previously mentioned, there is an increase in posi- tions in the General Fund budget by six. Three of those are positions which had previously been funded. The other three are to staff Pompey Park pool year around. This leaves three frozen positions which we are not requesting funding for; one Code Enforcement Officer, one Building Inspector and one Assistant Planner. None of these were requested by the affected depart- ments. Parks and Recreation Department's After School Program has been presented at a level of service which could be obtained given the grant funding from the Children's Services Council. The cuts that had to be made were primarily part-time salaries that fund the Recreation Leaders who supervise the children. Under the existing ratio of 15 participants to one Recreation Leader, the program could maintain its current standards but would turn away approximately 100 children currently using after school care. Some alternatives include increasing the ratio of participants to Recreation Leaders or implementing a minimal fee for participants to defray the costs of the program. The City has also experienced a substantial increase in general liability insurance costs. This is based on the actuari- al review report prepared by the City's auditors. The increase is about 18%, or $89,000.00, over FY 1994/95. Before the budget is finalized, the allocation costs reflected in general liability will be reviewed with the expectation that changes will be made that will reduce some of these costs. -13- 7/18/95 In the area of personal services, it is recommended that the City continue with merit increases on a range of 0-5%, with a 3% average budgeted for each department. There are no merit increases budgeted for employees earning the maximum amount within their salary range. However, a contingency amount has been set up for performance bonuses for civil service employees who meet certain criteria. In the area of other personnel bene- fits, the employee contributions for both the Police and Fire Pension Fund and the General Employees Pension Plan have risen this year, with only a slight increase for general employees. The funding requirements for each plan are derived from the actuarial valuation report provided for each. The contribution for the Police and Fire Pension increased from $1,161,000 to $1,305,730. In the General Employees Pension Plan, the cost increase was from $762,000.00 to $767,000.00, or 7/10ths of one percent. In the area of contributions, according to City policy, our contributions should not exceed one percent (1%) of our ad valorem tax revenues, so that is the amount which has been allo- cated. The City has received applications this year for more than than amount and will have to make decisions about which organizations will be funded, unless the Commission chooses to increase the allocation. We have recommended funding the full Library request of $572,00.00 which includes $10,260.00 to con- tinue weekend Library service on Sunday afternoons for another season. The Library reported moderate success with their initial Sunday openings in fiscal 1995. The contribution to Old School Square will remain the same at $122,500.00. The transfer to the General Construction Fund is $934,500.00 which represents a 93% increase over the initial amount of $485,000.00 that was originally transferred in fiscal 1995. This year the City is committed to doing the streets in the Silver Terrace subdivision in the approximate amount of $300,000.00, and we have other equipment and infrastructure replacement needs that are also being covered. There have been some savings from some of the invest- ments which have been made. In Police Department electric bills, we expect to save at least $17,000.00 as a result of repairs which were made to their air conditioning system. In regard to the Water and Sewer Fund, the City Manager stated that he hopes to recommend a budget that will not require any rate increase. If a rate increase is necessary, at most it would be two and a half percent (2.5%). The Stormwater Utility Fund includes a project outline and a capital improvement plan. In the Sanitation Fund, the residential and commercial rates will increase by 2.7% under our contract with Waste Management. This will be the last year of that contract and we will be going out for proposals on a new one. In the Sanitation Fund, the Communi- ty Improvement Director is requesting to implement a Neighborhood Stabilization Program. This pilot program includes two (2) -14- 7/18/95 neighborhood improvement technicians to promote anti-litter partnerships with twelve (12) targeted neighborhood associations. The request is based on a successful anti-litter campaign within the Seacrest Neighborhood Association where Code Enforcement Officers picked up litter and other debris once a week, with the association doing the same. The campaign included the distribu- tion of literature on proper ways to dispose of garbage, trash, bulk items and recycling efforts. The Association and staff believe they achieved a high level of success, eliminating many of the physical problems that contributed to blighted conditions in the neighborhood. As the area continues to be monitored, tremendous improvement in the habits of residents, especially in multi-family units, has been seen. So we would like to expand this type of program into other areas of the City where we have litter problems. In conclusion, the City Manager stated that recognizing the Commission's strong desire not to increase property taxes but to reduce them if at all possible, the budget as presented can be supported with a slight reduction in total millage from 7.95 to 7.90. This still allows for additional staff required for new facilities in the City and funding some badly needed positions which had to be frozen in prior years when revenues were down. Nevertheless, there are still many unfunded budget requests which would be beneficial to the City. Therefore, the City Manager recommended setting the proposed millage at 7.95, which is the same as this year. This would give the Commission some $121,000 to fund such requests if it determined during the budget work sessions or the first budget public hearing that the Commission wishes to do so. With respect to the anti-litter effort, Mr. Randolph requested that the City's litter ordinance be looked at with an eye toward making it more effective. At this point, the City Manager briefly reviewed the City's millage history going back to 1987, as well as the as- sessed value growth. Also, he briefly reviewed the major revenue and expenditure categories. Reviewing the schedule for the remainder of the adop- tion process, the City Manager explained that the proposed millage rate has to be submitted to the Property Appraiser's Office by August 4, 1995. The public hearings on the budget are scheduled to be held at the regular meetings in September, or September 5th and September 19th. At this point, staff distrib- uted copies of the proposed Budget for FY 1995/96. The City Manager noted that the document does not include the Water and Sewer Fund, the Golf Course Fund and the Insurance Fund. They are still being worked on and will be submitted in the near future. Upon question by Mrs. Smith regarding the Children's Services Council's cuts in reduced funding for the After School -15- 7/18/95 Program, the City Manager stated that this is a significant issue which the Commission needs to consider. There are a number of options, including replacing the funding with other general funds or instituting a small fee to help make up the difference. He felt that the basic issue which should be addressed is that the funding cut by the Children's Services Council results in a double taxation situation. The CSC cut funding for the cities that are doing the job. In the cities that don't do it, there are private organizations doing it, and they got the same or more money. So another possibility might be to look for a private provider. The City Manager recommended that all options be looked into. Lengthy discussion ensued, with the consensus of the Commission being to discuss the matter of funding for the After School Program at a workshop meeting. Mr. Ellingsworth moved to set a proposed millage rate of 7.95, 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 - No. Said motion passed with a 4 to 1 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. ll.A. City Manager's response to prior public comments and inquiries. The City Manager reported that a prior inquiry regard- ing the condition of the median at Lindell Boulevard has been forwarded to the Park's Maintenance Division to incorporate into its maintenance program. In response to Commissioner's Smith prior inquiry regarding the closing of the restrooms at Veterans Park, the City Manager stated the restrooms are locked at 6:00 p.m. unless there is a special event at the park to support them being open. He pointed out that the City has experienced a great deal of vandal- ism in the past when the facilities were left open until later hours. Upon question by Mayor Lynch regarding the possibility of leaving the restrooms available after 6:00 p.m. when there is a special event in the city or a holiday, the City Manager stated that could be looked at. The City Manager reported that staff has checked into the situation regarding the catch basin at the corner of Bluebird Drive and Avocet Road. There is a possibility that a concrete apron could be constructed around the catch basin. At the present time it has not been confirmed if the work would be done by the City's Public Works Department or by a private contractor. ll.B. From the Public. 11.B.1. Joe Kamarata, resident of Tropic Palms, presented photographs of properties within the Tropic Palms subdivision. These photographs showed peeling paint on residences, Australian Pines which seem to exceed the height limit, dying hedges and various code violations. He noted flooding at the corner of Albatross and Bluebird Circle and asked that it be corrected. Mayor Lynch asked Mr. Kamarata to provide addresses on the back of each of the photographs so that they can be forwarded to Code Enforcement in order to facilitate inspection. Mr. Kamarata noted that other areas of the City have sidewalks within their neighborhoods while Tropic Palms has not had sidewalks constructed. Cheryl Barnard, owner of Carpet Barn, stated that she is representing other merchants who have businesses off of S.W. 10th Street and that the majority of these merchants have been in this area for over fifteen years. She pointed out that S.W. 10th Street has been under construction for some eighteen months in one phase or another, all with various delays. This construction has affected the merchants in a variety of ways, most notably that customers are not able to get to them off of S.W. 10th Street. Initially, it was understood that S.W. 10th Street underneath the 1-95 overpass and over the railroad tracks would not be closed; traffic would be minimized and possibly reduced to one lane, but not closed off entirely. Then it was decided to close down the road to expedite the construction, with a reopen date of July 21st. Ms. Barnard noted that the merchants, employ- ees and customers have to go through a very inconvenient detour to reach the businesses. Now she has been told that the road will not reopen on July 21st and there will be a further delay into August. Ms. Barnard asked that this matter be looked into to see what is causing the delay and to see what can be done to at least have one lane of traffic opened. The City Manager stated that he was not aware of any additional delay and that the contractor understood the road was to be open by July 21st. He indicated that he would check into the matter and get back to Ms. Barnard. 10. PUBLIC HEARINGS: None. 12. FIRST READINGS: 12.A. ORDINANCE NO. 41-95: An ordinance amending Chapter 35 of the City Code concerning the General Employees Pension Plan. If passed, public hearing on August 1, 1995. The City Manager presented Ordinance No. 41-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY -17- 7/18/95 AMENDING SUBSECTION (C), "CREDITED SERVICE", OF SECTION 35.089, "DEFINITIONS"; REPEALING SUBSECTION (K) , "COMMENCEMENT OF BENEFITS" . OF SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT"; AMENDING SECTION 35.098, "SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM BENEFITS"; AMENDING SECTION 35.105, "ADMINIS- TRATION BY RETIREMENT COMMITTEE"; CLARIFYING THE INVESTMENT AUTHORITY OF THE RETIREMENT COMMITTEE; AMENDING SECTION 35.106, "TRUST FUND AND TRUSTEE"; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Eltingsworth moved to approve Ordinance No. 41-95 on FIRST Reading, 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. 13. Conunents and Inquiries on Non-Aqenda Items. 13.A. The City Manager announced that Dr. Cynthia Smith, newly appointed Director of the Full Service Center, will attend the Commission's Workshop on August 8, 1995. Mayor Lynch asked if the City Manager's Office would please contact Marc de Baptiste, South County Boys & Girls Club; Mr. Ed Rich, Head Start Program; and, Larry Zabik, Palm Beach County School Board, so that all parties could be present at this workshop meeting. The City Manager stated that portable structures have been installed at the Delray Full Service Center site for the Head Start Program. It has been discovered that there are two Head Start Programs which are operated by the School Board. One Head Start which is run by the School Board and is located at Pine Grove Elementary School is to be relocated due to the con- struction. The Head Start Program at the Catherine Strong Center is run by the County Commission. It is unknown at this time if these portables are to accommodate the School Board's program or both programs. The City has received conflicting stories from the School Board's staff. Bob Barcinski, Assistant City Manager, is diligently working trying to get confirmation from the School Board in this regard. The Delray Full Service Center held a meeting last evening, June 17, 1995, and the City Manager was pleased to report that a school liaison officer will be assigned to the school. The School Board will pay the salary for this officer and the City will pay for equipment costs and any benefits. He noted that this had been one of the goals of VISIONS 2005. The City -18- 7/18/95 Manager stated that Bob Hayes, Palm Beach School Board, and the school's new principal are very supportive. The City Manager reported that the Full Service Center has a proposed budget of $1.6 million. The new principal had requested $2.2 million. There was a proposal discussed at the School Board's meeting of July 12, 1995, at which time the Board had requested that the $1.6 million be split between the Delray Full Service Center and the Roosevelt Elementary Full Service Center. The feeling of the Advisory Board and the school's staff is that this would destroy their programs. The City Manager explained that the proposed $1.6 million budget contains no allocation for text books, media books, equipment, supplies or amounts for custodial supplies. This is a far cry from that which is actually needed as the new principal feels it would only cover for several months of supplies. The Advisory Board would appreciate a letter of support from the Commission supporting the adoption of the proposed budget for the Delray Full Service Center. It was the unanimous consensus of the Commission to support the Advisory Board's request and that the City will forward a letter to the Palm Beach County School Board to support the adoption of the proposed budget for the Delray Full Service Center. The City Manager reported that the City has received a Federal grant award under the Cops FAST Program. Four positions have been awarded and the City will have to come up with a 25% match. He explained that the money will be taken from that which was budgeted from the Parks and Recreation Department's budget to pay for overtime costs for police officers at the Pompey Park Recreation Center for the match. This will allow for four addi- tional police officers to fulfill that time which is needed at Pompey Park as part of their regular operating routine. The City Manager noted that the monies funded by the Federal Government will be available for a three year period. He was optimistic that after the three year period the City will not need to con- tinue the Federal funding. 13.B. The City Attorney did not have any comments or inqui- ries. 13.C. City Commission. 13.C.1. Dr.Alperln provided an update of the Education Concur- rency Task Force. He voiced his disappointment in the Education Concurrency Task Force's Minutes which had conflicting statements regarding the vote for their recommendation of the 1% Sales Tax Bond Issue to the Palm Beach County Commission. Dr. Alperin commented that while playing golf at the Delray Municipal Golf Course on the 18th hole, his foursome -19- 7/18/95 inadvertently drove a golf ball into a window at the new dining room at the clubhouse. As the City's liaison to the School Board, Dr. Alperin asked the Commission if they would like to have him report to the School Board of the Commission's decision regarding the Seacrest Property Acquisition at the School Board's meeting tomorrow evening? It was the consensus of the Commission not to have Dr. Alperin report to the School Board as they preferred to wait until the City receives a written response from the School Board. 13.C.2. Mrs. Smith announced that she had received a complaint from Mr. Gregory who resides at 222 South Seacrest Circle. Mr. Gregory feels that the swale on his property is too deep and too wide. Mrs. Smith asked if staff could check on the situation. The City Manager stated that he and William Greenwood, Director of Environmental Services, had visited the area to see how the drainage repair was progressing and that some changes may be appropriate. 13.C.3. Mr. Ellinqsworth suggested that the City send letters to organizations which request assistance from the City to waive overtime costs stating that the City will no longer honor such requests. He felt that by notifying the organizations, it would eliminate future requests at Commission meetings. Mr. Ellingsworth pointed out that the architect for the the Municipal Golf Course Clubhouse will suggest some type of awning be installed for protection against future window breakag- es. The City Manager stated that this would interfere with the views from the dining room; however, other alternatives will be checked such as unbreakable glass, etc. Mr. Ellingsworth thanked the City Manager for his swift response concerning swales and drainage repairs. He commented that the problem was resolved by the City Manager within one hour. 13.C.4. Mr. Randolph stated that he took offense relative to a statement made earlier this evening by the owner of Carpet Barn when she made reference to individuals driving through the blighted area south of West Atlantic Avenue. He felt that state- ments such as these made over the years have stigmatized certain areas of the City. He pointed out that her business receives a lot of customers from that general area which she had referenced. He explained that he did not want to bring this issue to her attention at the time she addressed the Commission concerning the construction of S.W. 10th Street because he wanted her to leave -20- 7/18/95 with the good intentions of the Commission which was to offer immediate assistance to her request. 13.C.5. Mayor Lynch commented that on behalf of the City, he had written a letter to the Mayor of Ocala to congratulate that city as a recipient of the All America City award. He urged any Commissioner who might travel in this area to stop in Ocala for a visit. Mayor Lynch noted that there are no "All America City" signs on A-1-A and asked that signs be installed at the northern and southern City limits on A-1-A. Mayor Lynch reported drainage problems at the southwest corner of Andrews Avenue and N.E. 8th Street. Mayor Lynch stated that he recently met with represen- tatives of the Downtown Merchants Association and that some of the merchants have expressed concern about the proposed Pineapple Grove Farmer's Market. The Downtown Merchants Association re- quests that the Commission reconsider the one-way pairs. Also, that they would like the County to consider widening N.E. 4th Street east to Federal Highway in their Lake Ida Road Widening Project. He stated that he was hopeful that the strategy for the Children's Services Council is successful so that it does not have to be reconsidered year after year. Mayor Lynch announced that a recent newspaper article had recently published an incorrect figure regarding the amount that the City was willing to assist the County with the funding for the Knight Convention Center. He explained that the reporter had asked him to explain what he meant by contributing a "signif- icant'' amount? Mayor Lynch clarified that the Commission had discussed the possibility of contributing $50,000.00; however, the Commission did not make a formal commitment and the amount was exaggerated to $1 million. Mayor Lynch commented that he was very happy to see that the Knight site in Boca Raton made the list of the top four potential sites for the convention center. He stated that he was informed that there was an excellent presentation made to the County Commission for the Knight site. He was hopeful that the Commission would be united and show its support for the center. Mayor Lynch suggested that the Commission should come to a con- clusion as to what the City could do (the amount and how to fund) at the Workshop meeting on August 8, 1995. Whatever commitment is made at that meeting could be put in writing as soon as possi- ble because the finances will be prepared at the end of August. Mayor Lynch stated that he had received a telephone inquiry from a resident of Pines East. She asked the City Manag- er if the City had resurfaced the roads in Pines West? -21- 7/18/95 The City Manager responded that he thought several roads had been resurfaced several years ago in Pines West. He remarked that there was one particular street, a cul-de-sac, which needs to be resurfaced in Pines East. Mayor Lynch commented that Mr. Valentino will be call- ing the City Manager in this regard. There being no further business, Mayor Lynch declared the meeting adjourned at 8:45 P.M. City 'Clerk ~ ' ATTE~ 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 the City Commission held July 18, 1995, which minutes w~re formally approved and adopted by the City Commission on ~~L~ /~; /~ City'Clerk ~ Y 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. -22- 7/18/95