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08-08-95 AUGUST 8, 1995 POSTPONED AND AMENDED FROM AUGUST 1, 1995 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, August 8, 1995. Due to Hurricane Erin, this meeting was postponed from August 1, 1995. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Mayor Thomas E. Lynch Absent - Commissioner Barbara Smith Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Matthew "Bump" Mitchell, Christ Missionary Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda ADproval. The City Manager advised that Dr. Cynthia Smith, Prin- cipal of the Delray Full Service Center, is ill this evening. Therefore, her presentation scheduled for the workshop session this evening will be postponed to the regular meeting of August 15, 1995. The City Manager requested that Item 7.B., MARIE HORENBURGER - SOUTH COUNTY CONVENTION CENTER SITE, be removed from the agenda and be rescheduled to the regular meeting of August 15, 1995. The City Manager further advised that he had received a request from Mrs. Charlotte Durante earlier today asking to give a short presentation regarding the FAMU Marching Band and the Perfect Harmony Festival. If acceptable to the Commission, Mrs. Durante's presentation could replace Ms. Horenburger's as Item 7.B. Mayor Lynch noted that the PROPOSED AMENDMENTS TO THE COMMUNITY REDEVELOPMENT PLAN, from the Workshop Agenda, would be moved to Item 7.C. of the Regular Agenda. The City Manager then reported that a request had been received from the applicant's attorney to withdraw Item 9.A., CONDITIONAL USE REOUEST/LOMONOCO GARDEN APARTMENTS, from the agenda. Mr. Ellingsworth moved to approve the agenda as amend- ed, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 5. Approval of Minutes: Mr. Ellingsworth moved to approve the Minutes of the Regular Meeting of July 11, 1995, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 6, Proclamations: 6.A. Recoqnizinq and commending Michele Safford on her achievements at the 1995 Special Olympics World Games Mayor Lynch read and presented a proclamation recogniz- ing Michele Safford on her achievements at the 1995 Special Olympics World Games. Michele Safford came forward to accept the proclamation. 6.B. Florida Water and Pollution Control Operators Week - Au.crust 14 through 18, 1995. Mayor Lynch presented a proclamation proclaiming August 14 through August 18, 1995 as Florida Water and Pollution Control Operators Week. 7. Presentations: 7.A. Government Finance Officers Association's Distinquished Budqet Presentation Award The City Manager stated that the City has again re- ceived the Government Finance Officers Association's (GFOA) Distinguished Budget Presentation Award. The award represents a significant achievement and reflects the commitment of the gov- erning body and staff to meeting the highest principles of gov- ernmental budgeting. Joseph Safford, Finance Director, recognized and com- mended Linda Turnage (Budget Administrator), Sherry Muehlberg (Administrative Manager/Finance), and Becky O'Connor (Treasurer) for working so diligently on the budget. 7.B. Charlotte Durante - FAMU Marchinq Band and The Perfect Harmony Festival Charlotte Durante, representing the Perfect Harmony Festival Committee, named and introduced some of the Committee members who will be involved in coordinating the effort to bring 2 s/8/95 the Florida A&M University Marching Band to Delray Beach in October. She felt this would be an outstanding event to be included in the festival and would bring a great deal of atten- tion to Delray. Michael Weiner, attorney, advised that FAMU has sent the organizers a contract for the band's appearance which re- quires a guarantee of approximately $25,000. He asked that the City Commission consider guaranteeing the contract and execute it on behalf of the organizers. He felt comfortable that the funds necessary to cover the costs involved can be raised through private pledges and ticket sales, minimizing any risk to the City. Mr. Weiner asked that approval of the contract be placed on the August 15th agenda, at which time he will have more infor- mation on the details and dollar amounts involved. Ms. Valerie Wright gave a brief history of the FAMU Band and, as an alumni, stated there is a great deal of local support for this effort. 7.C. Proposed Amendments to the Community RedeveloDment Plan Kevin Egan, Chairman of the CRA, briefly reviewed some of the amendments to the CRA's Community Redevelopment Plan. He noted that the redevelopment of Block 85 (former Ken & Hazel's block) and Block 76 (Pierce Tire) will soon be underway. Mr. Egan further stated that Block 60 properties (Love Apartments) have been finalized and should be demolished by January 1, 1996, so that the parking lot should be under construction in time for the tennis tournament and to meet other parking needs in the area such as Old School Square. Chris Brown, Executive Director of the CRA, reviewed several new programs that have been added to the Community Rede- velopment Plan. Discussion followed by the Commission. Mr. Randolph asked when the City can expect to see a hard copy for the second phase of the West Atlantic Avenue Rede- velopment Plan. In response, Mr. Brown stated the CRA hopes to have the second phase plan finalized by the end of the year. Mr. Ellingsworth inquired about the status of the Traffic Concurrency Exception Area (TCEA) report? Mr. John Walker, Project Coordinator, reported that the TCEA will be part of Comprehensive Plan Amendment 95-2 which will be coming to the City Commission on September 5, 1995, for the transmittal hear- ing. He advised that FDOT is reviewing the plan right now and a draft has been sent to the Department of Community Affairs. Presuming that the TCEA report is approved with the Plan Amend- ment, adoption will occur in mid-December, 1995. -3- 8/8/95 Mayor Lynch asked Mr. Brown since most of the revenues are based on census figures, does he believe the census that was done in 1990 for the geographic area is correct? In response, Mr. Brown stated he felt the census had been under-counted and there are a lot more than 13,000 people in the district. Mayor Lynch suggested that the CRA pursue a review of the census count in an effort to have it brought up to a more accurate figure. Secondly, Mayor Lynch expressed his concern about the seemingly high administrative costs contained in the CRA budget and asked how this figure compares to other CRA's? In response, Mr. Brown stated that generally speaking he feels the budget is in line. Mr. Brown stated the CRA has a commitment to keep the administra- tive costs in line and to make every effort to reduce these costs over the years. Mayor Lynch cautioned Mr. Brown because he feels more money is going into administration than actual capital expenditures. Mayor Lynch stated the City and the CRA have worked diligently since 1985 to get this far, and feels govern- ment has made its share of improvements. Mayor Lynch feels it is now time for the private sector to take over, which is the job of the Community Redevelopment Agency. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. EVALUATION AND APPRAISAL REPORT ASSISTANCE PROGRAM AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS: Approve an agreement between the City and the Florida Department of Community Affairs (DCA) regarding Evaluation and Appraisal Report Assistance Program funding. 8.B. SUBSIDIZED LOAN AGREEMENT BETWEEN THE COMMUNITY REDE- VELOPMENT AGENCY, SUN BANK/SOUTH FLORIDA, AND THE CITY: Approve a Subsidized Loan Agreement between the City, the CRA, and Sun Bank/South Florida, N.A. as a participating bank in the subsi- dized loan program. 8.C. EXTENSION OF RIGHT OF FIRST REFUSAL AGREEMENTS/SEACREST PROPERTIES: Approve an extension of the expiration date from July 31, 1995, to September 25, 1995, in the Right of First Refusal Agreements with NationsBank and Mr. Patel for the two properties located at 2200-2300 and 2228 Seacrest Boulevard, known as the Seacrest Properties. 8.D. AMENDMENT TO GOLF COURSE MANAGEMENT AGREEMENT: Approve an Amendment to the Golf Course Management Agreement with BJCE, Inc. in view of the City's acquisition of the Lakeview Golf Course. 8.E. FINAL PAYMENT/GEE AND JENSON EAP, INC.: Approve final payment in the amount of $755.00 to Gee and Jenson for consulting services in conjunction with the City Hall Hurricane Hardening Measures project, with funding from 334-6111-519-62.10. -4- 8/8/95 8.F. PETROLEUM PRODUCTS SUPERFUND SITE COOPERATING PARTY AGREEMENT: Reject the Petroleum Products Superfund Site Cooper- ating Party Agreement as recommended by the City Attorney. 8.G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Approve 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 July 17 through July 28, 1995. 8.H. AWARD OF BIDS AND CONTRACTS: 1. Bid Award - to Aikman Corporation for the con- struction of two rest room facilities at the Municipal Golf Course, in an amount not to exceed $42,200, from 445-4761-572-62.10 through budget transfer from 445-4761-572-63.90 and 64.90. 2. Bid Award - to Florida Design Contractors, Inc. in the amount of $963,653.50 for the final phase of the first stage development of the Morikami Wellfield, with funding from 440-5179-536-63.61, through budget transfer from 440-5179-536-63.54, 55, 56, 57, 58. Mr. Ellingsworth moved to approve the Consent Agenda, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A.A. RESOLUTION NO. 54-95: A resolution authorizing the negotiated sale of the City's Utility Tax Revenue Bonds for Lakeview Golf Course. The City Manager presented Resolution No. 54-95: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING AND SUPPLEMENTING RESOLUTION NO. R-27-94; AUTHOR- IZING THE NEGOTIATED SALE OF CITY OF DELRAY BEACH, FLORIDA, UTILITIES TAX REVENUE BONDS, SERIES 1995, IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,405,000; DETERMINING CERTAIN DETAILS OF SAID BONDS; PROVIDING FOR THE APPLICATION OF THE BOND PROCEEDS; DECLARING THE CITY'S OFFICIAL INTENT TO SEEK REIMBURSE- MENT FOR CERTAIN CAPITALIZED EXPENDITURES MADE AND TO BE MADE WITH RESPECT TO THE ACQUISITION OF THE LAKEVIEW GOLF COURSE; APPROVING THE FORM OF, AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE -5- 8/8/95 AGREEMENT TO EFFECT THE NEGOTIATED SALE OF THE BONDS; APPROVING THE FORM OF AND AUTHOR- IZING THE EXECUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF THE BONDS AND APPROVING, RATIFYING AND CON- FIRMING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT BY THE UNDERWRITERS; AWARDING THE BONDS TO THE UNDERWRITERS; APPOINTING A PAYING AGENT; APPOINTING A REGISTRAR; PROVIDING FOR A BOND INSURANCE POLICY FOR THE BONDS PROVIDED BY MBIA INSUR- ANCE CORPORATION, AND PROVIDING FOR CERTAIN NECESSARY SUPPLEMENTS TO THE BOND RESOLUTION IN CONNECTION THEREWITH; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A FINANCIAL GUARANTY AGREEMENT IN CONNEC- TION WITH THE ISSUANCE OF THE SURETY BOND BY MBIA INSURANCE CORPORATION; DECLARING THE BONDS TO BE "QUALIFIED TAX-EXEMPT OBLIGA- TIONS'' WITHIN THE MEANING OF SECTION 265(b) (3) (B) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; PROVIDING FOR THE UNDERTAK- ING BY THE CITY REGARDING SECONDARY MARKET DISCLOSURE AS REQUIRED BY RULE 15c2-12 OF THE SECURITIES EXCHANGE COMMISSION; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE AS TO THE SALE AND DELIVERY OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 54-95 is on file in the offi- cial Resolution Book) Joseph Safford, Finance Director, gave a brief presen- tation summarizing the negotiated sale of the City's Utility Tax Revenue Bonds for the Lakeview Golf Course. Mr. Ellingsworth moved to approve Resolution No. 54-95, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. 'Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.A. THIS ITEM WAS WITHDRAWN (CONDITIONAL USE REQUEST FOR LOMONOCO GARDEN APARTMENTS). 9.B. RESOLUTION NO. 55-95/ABANDONING A PORTION OF N.E. COURT: Consider a request for abandonment of a portion of the N.E. 1st Court right-of-way lying east of N.E. 7th Avenue at the eastern end of N.E. 1st Court adjacent to the Intracoastal Water- way. The Planning and Zoning Board recommends denial. The City Manager presented Resolution No. 55-95: 6 8/8/9s A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF NORTHEAST 1ST COURT RIGHT-OF-WAY, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY AN EASEMENT OVER THE ENTIRE AREA THEREOF UTILITY AND ACCESS PURPOSES. (Copy of Resolution No. 55-95 is on file in the offi- cial Resolution Book) Paul Dorling, Principal Planner, stated the subject property is an unimproved area adjacent to the Intracoastal Waterway at the eastern end of N.E. 1st Court. Currently, this area provides pedestrian access to the existing seawall and the Intracoastal. The adjacent property owners on the north and south are seeking abandonment to control this access. The Planning and Zoning Board considered this item at its meeting of July 17, 1995, and unanimously recommended denial of the request since it is contrary to the City's Comprehensive Plan Coastal Element Objective B-1 which calls for enhanced accessibility to the public beach areas and waterways. The Board felt this action would set a precedent for future requests, and that it would be difficult to ensure that access would remain available to residents of the street over time. Derek H&nley, co-applicant for this abandonment who lives at 828 NoE. 1st Court, requested that the Commission ap- prove the abandonment application, conditioned on the following: (1) the granting of easements for municipal emergency and utili- ty purposes, (2) the assumption by the petitioners of responsi- bility for maintenance of the seawall, (3) the commitment to grant access for proper recreational purposes to a NoE. 1st Court Homeowners Association, (4) a non-disturbance agreement to prevent the installation of a north/south fence or hedge on the abandoned area that would be a barrier to access and view. On question from the Commission, the City Attorney stated that the conditions outlined by Mr. Hanley could be im- posed legally through preparation of appropriate documents. Ms. Ruby further noted that it would be necessary to amend our agree- ment with the Florida Inland Navigation District (F°I.N.D.) to delete this particular street. She did not feel that this would be problematic. Dr. Alperin asked if this area is designated as public access? In response, Paul Dorling stated this is a public street which ends at the Intracoastal which, therefore, provides public access. Dr. Alperin noted the area is completely unimproved and inquired as to whether the City has done anything to create a park or made an attempt to improve the street ends at the Intracoastal? In response, Mr. Dorling stated that parks at the -7- s/8/95 ends of these streets have been discussed; however, nothing has been done at this point to make any improvements. After discussion, Dr. Alperin moved to approve Resolu- tion No. 55-95, subject to the resolution of all legal issues being worked out with the City Attorney, including, but not limited to, modification of the F.I.N.D. agreement and receipt of any necessary easements; seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 36-95: An ordinance annexing a parcel of land located 70 feet east of Swinton Avenue and south of Tanger- ine Trail (if extended westward); establishing initial zoning of R-i-AA (Single Family Residential) District; and providing for a Small Scale Future Land Use Map amendment from County MR-5 (Medi- um Residential - 5 units per acre) to City Low Density Residen- tial. 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. 36-95: 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 SOUTH SIDE OF TANGERINE TRAIL BETWEEN SWINTON AVENUE AND SEACREST BOULE- VARD, WITHIN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL 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 COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO R-l-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 36-95 is on file in the official Ordinance Book) 8 8/8/95 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. Mr. Richard McGloin, 2375 North Swinton Avenue, stated that he supports the City annexing this property; however, he asked for reassurance that the zoning will remain like the rest of the neighborhood as R-I-AA (Single Family Residential). The public hearing was closed. Dr. Alperin moved to adopt Ordinance No. 36-95 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 10.B. ORDINANC~ NO. 38-95: An ordinance rezoning a parcel of land located on the west side of S.W. 5th Avenue, immediately south of Straghn Funeral Home, from RM (Medium Density Residen- tial) District to GC (General Commercial) District. 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. 38-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN THE GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED ON THE WEST SIDE OF S.W. 5TH AVENUE, BETWEEN S.W. 1ST STREET AND ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HERE- IN; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 38-95 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved to adopt Ordinance No. 38-95 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 9 8/8/95 1. CONDITIONAL USE APPROVAL FOR CHAPEL ADDITION TO STRAGHN FUNERAL HOME: Consider a request for conditional use approval to add a chapel addition, 33 parking spaces and associated landscaping to the existing Straghn Funeral Home located on the west side of S.W. 5th Avenue, south of West Atlan- tic Avenue. Dr. Alperin moved to approve the conditional use for the Chapel Addition to Straghn Funeral Home, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations and the policies of the Comprehen- sive Plan, and subject to the condition recommended by the Plan- ning and Zoning Board, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 10.C. ORDINANCE NO. 40-95: An ordinance amending Article 7.9, "Docks, Dolphins, Finger Piers, and Boat Lifts", of the Land Development Regulations by modifying the review authority and appeal procedure, and providing clarification on various stan- dards. 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. 40-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 7.9, "DOCKS, DOLPHINS, FINGER PIERS, AND BOAT LIFTS", OF THE LAND DEVELOPMENT REGULATIONS TO CHANGE THE REVIEW AUTHORITY FROM THE CITY ENGINEER TO THE BUILDING DIVI- SION; AMENDING THE APPEAL PROVISION FROM THE CITY COMMISSION TO THE BOARD OF ADJUSTMENT; CLARIFYING THE NUMBER OF DOCKS ALLOWED ON A PROPERTY, REQUIRED SETBACKS, AND THE LOCATION OF ASSOCIATED DOLPHINS; INCREASING THE DIS- TANCE THAT A BOAT LIFT MAY EXTEND INTO THE WATERWAY; AMENDING TITLE XV, "BUILDING REGU- LATIONS'', OF THE CODE OF ORDINANCES BY RE- PEALING CHAPTER 150, "DOCKS, DOLPHINS, FINGER PIERS, AND BOAT LIFTS", IN ITS ENTIRETY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 40-95 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. -10- s/s/95 Mr. Ellingsworth moved to adopt Ordinance No. 40-95 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 10.D. ORDINA/~CE NO. 41-95: An ordinance amending Chapter 35 of the City Code concerning the General Employees Pension Plan. 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. 41-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING C~IAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY 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 SAVING CLAUSE; PROVIDINGAN EFFECTIVE DATE. (Copy of Ordinance No. 41-95 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved to adopt Ordinance No. 41-95 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 11. 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. In response to Mr. Kamarata's prior inquiry regarding the properties within the Tropic Palms subdivision, the City 8/8/95 Manager stated that the photographs Mr. Kamarata submitted have been referred to the appropriate staff members. The City Manager currently has not received any reports back regarding these specific problems. In response to Ms. Barnard's concern regarding the reopening of S.W. 10th Street, the City Manager stated the City has worked very closely with Hardrives and despite all of the rain, the street was opened on July 29th. 11.B. From the Public. 11.B.1. Helen Coopersmith, 1222 South Drive Way, politely requested the Commission to use their microphones when speaking so that the audience can hear. 11.B.2. Joe Kamarata, 764 Avocet Road, stated there is still a drainage problem at Lindell Boulevard and Federal Highway and distributed photos of this area to the Commission. The City Manager explained to Mr. Kamarata that the drain is not the City's, but belongs to the FDOT. The City Manager stated that one of the solutions the engineers suggested was tying into the FDOT drainage system. The City has been working with the owners of the property on the south side of Lindell and when that property is developed, there may be an opportunity to improve the drainage. Mr. Kamarata feels there is a great need for a four-way stop at Carl Bolter Drive and Avocet Road. Mr. Kamarata provided the Commission with photographs of other problems within the Tropic Palms neighborhood with the individual addresses printed on the back of each photo. 11.B.3. Craiq Kruempel, representing the Woods of Southridge Association, stated even though the conditional use request for Lomonoco Gardens Apartments has been withdrawn, he feels there are still concerns which need to be addressed by the City. He questioned how this type of use got this far in the process, and urged the Commission to direct the Planning and Zoning Board to look into modifying the Comprehensive Plan and the Land Development Regulations to appropriately address these type of uses. 11.B.4. Sandra Allen, the Woods of Southridge resident, feels the City Code and the Land Development Regulations need to be looked at and clarified for these types of alcohol and drug treatment facilities. After a brief discussion, it was the consensus of the Commission to refer this item to the Planning and Zoning Board for review in terms of zoning considerations, and to the City Attorney for review of the legal issues involved. -12- 8/8/95 ll.B.5. John Bo¥1es, the Woods of Southridge resident, also expressed concern about the Lomonoco Garden Apartments application and the potential ramifications to the community. ll.B.6. Diane Wunderlich, resident of the Woods of Southridge, expressed concern for the safety of her children having to stand at a bus stop with a drug rehabilitation facility located on the corner of Linton Boulevard and 8th Avenue. 11.B.7. Gary Friedman, resident of the Woods of Southridge, expressed concern that there may be other areas in Delray Beach where businesses are using these types of properties for what are basically commercial business ventures. He feels Delray Beach needs to take precautions so that property values and living standards are not lowered in the community. ll.B.8. Richard Bay, resident of Delray Beach, feels the entire community is going downhill. 11.B.9. John Herring, 2474 Sundy Avenue in the Woods of Southridge, expressed his concern as a parent about the possibility of a child getting hurt in an unsupervised situation. At this point, the Commission proceeded to the First Readings portion of the Agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 42-95: An ordinance annexing to the City a 94.14 acre parcel of land known as Blood's Hammock Groves. The subject property is located on the south side of Linton Boule- vard, east of Military Trail. If passed, public hearing on September 5, 1995. The City Manager presented Ordinance No. 42-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND KNOWN AS BLOOD'S GROVE ORCHARD, LOCATED SOUTH OF LINTON BOULEVARD AND EAST OF MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. -13- 8/8/95 Mr. Ellingsworth moved to approve Ordinance No. 42-95 on FIRST Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 12.B. ORDINANCE NO. 43-95: An ordinance annexing an 18.10 acre parcel of land known as the Jones Property and establishing initial zoning of RM-6 (Medium Density Residential - 6 units per acre), in part, and RM (Medium Density Residential - 6 to 12 units per acre), in part. The subject property is located on the north side of West Atlantic Avenue, immediately east of the Carver Middle School site. If passed, public hearing on Septem- ber 5, 1995. The City Manager presented Ordinance No. 43-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND KNOWN AS THE JONES PROPERTY, LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE, EAST OF AND ADJACENT TO THE CARVER MIDDLE SCHOOL SITE, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RM-6 (MEDIUM DENSITY RESIDENTIAL - 6 UNITS PER ACRE) DISTRICT, IN PART, AND RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mayor Lynch opened the floor for public comment. Helen Coopersmith, 1222 South Drive Way, stated she is confused about the meaning of the words "in part" and "transi- tional'' which are used in the ordinances. She feels these words need to be better defined. The City Manager stated "transitional" has a legal meaning within the context of the City's code and he cannot see any possible way of changing it. As for use of the term "in part", the agenda items are written to summarize so the agenda does not go on for pages and pages. If there is a question based on the information provided, the Planning and Zoning Department should be contacted for clarification. -14- 8/s/95 Assistant City Attorney Tolces noted that it is clearly written in the body of the ordinance which parcels are being zoned to which classification. The words "in part" included in the caption puts the reader on notice that the entire parcel is not going to be zoned to one specific category. Mrs. Coopersmith stated that she understands the expla- nations; however, there are many residents who do not and who are worried about their property values. Mr. Randolph moved to approve Ordinance No. 43-95 on FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 12.C. ORDINkNCE NO. 44-95: An ordinance adopting Comprehen- sive Plan Amendment 95-1, including four amendments to the Future Land Use Map (FLUM) as indicated below. If passed, public hear- ing on September 5, 1995. 1. Blood's Hammock Groves from County MR-5 (Medium Density Residential) to City Transitional, Medium Density Residential, Low Density Residential, and Open Space. 2. Jones Property from County HR-8 (High Density Residential) and MR-5 (Medium Density Residential) to City Medium Density Residential. 3. Northwest area amending the City Advisory designa- tion from Rural Residential to Low Density Resi- dential, in part, and Transitional, in part. 4. Removing the Large Scale Mixed Use designation from the former Marina Cay site. The City Manager presented Ordinance No. 44-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 95-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 95-1" AND INCORPORATED HEREIN BY REFERENCE; PROVID- ING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. -15- 8/8/95 Mr. Ellingsworth moved to approve Ordinance No. 44-95 on FIRST Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 12.D. ORDINANCE NO. 45-95: An ordinance amending LDR Section 4.4.10(G) (5) (c) regarding restrictions on advertising on automo- biles in the AC (Auto Commercial) District. If passed, public hearing on September 5, 1995. The City Manager presented Ordinance No. 45-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DISTRICT", SUBSECTION 4.4.10(G) (5) (c), OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, TO CLARIFY RESTRIC- TIONS ON SIGNS AND OTHER DISPLAYS ON VEHICLES IN THE AUTOMOTIVE COMMERCIAL ZONING DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Dr. Alperin moved to approve Ordinance No. 45-95 on FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 12.~. ORDINANCE NO. 46-95: An ordinance amending the Land Development Regulations regarding platting requirements and procedures. If passed, public hearing on September 5, 1995. The City Manager presented Ordinance No. 46-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3 (H) , "SUBMISSION (PLATTING) ITEMS" , SECTION 2.4 . 3 (K) , "FEES", SECTION 2.4.4 (E) , "EXPIRATION OF APPROVALS", SECTION 2.4.5 (L) , "MODIFICATION TO RECORDED PLATS", SECTION 2.4.9 (C) , "RECORDING OF PLATS", AND SECTION 2.4.10, "FINANCIAL GUARANTEES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, REGARDING PLATTING REQUIREMENTS AND PROCEDURES; AMENDING CHAPTER FIVE, "SUBDIVISION REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS BY REPEALING ARTICLE 5.1, "GENERAL PROVISIONS", IN ITS ENTIRETY, AND ENACTING A NEW ARTICLE 5.1, "GENERAL -16- 8/ /95 PROVISIONS"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Ellingsworth moved to approve Ordinance No. 46-95 on FIRST Reading, seconded by Mr. Randolph. Mr. Randolph Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 12.F. ORDINANCE NO. 47-95: An ordinance adopting Comprehen- sive Plan Amendment 92-3 as a remedial amendment to the Compre- hensive Plan pursuant to the provisions of the Stipulated Settle- ment Agreement between the City and the Florida Department of Community Affairs. If passed, public hearing on August 15, 1995. The City Manager presented Ordinance No. 47-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPLIANCE AGREEMENT PLAN AMENDMENT 92-3 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLU- SIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPLIANCE AGREEMENT 92-3 PLAN AMENDMENT" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Dr. Alperin moved to approve Ordinance No. 47-95 on FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission returned to the Regular Agenda, Item 9.C. 9.C. AFTER SCHOOL PROGRAM FUNDING: Provide direction con- cerning funding of the After School Program in view of the $61,000 reduction in grant money from the Children's Services Council for the 1995/96 Program. Joe Dragon, Assistant Director of Parks and Recreation, explained this is before the Commission to give direction regard- ing the $61,000 reduction in grant money from the Children's -17- 8/8/95 Services Council for the 1995/96 After School Program. The City received $159,505 from CSC for its 1994/95 program. For the year 1995/96 the Council approved a funding level of $98,303, and removed the matching restriction it had previously imposed. If the Parks and Recreation Department is to conduct a program at the same level as the current year, an additional $61,000 needs to be identified. Mr. Dragon stated the program now enables 400 children to participate in the program. The $98,000 from CSC plus City funding would allow the department to conduct a program for approximately 280-300 children. One option discussed has been the implementation of a fee schedule for the After School Program. If the City were to charge $15 per month per child, roughly $60,000 would be generated and we would be able to maintain the program at the current level. If not, the alternative would be to either reduce services or the number of children. Discussion followed by the Commission. Mr. Ellingsworth asked if there is a waiting list above the 400? In response, Mr. Dragon stated approximately 450-470 will sign up for the program over the course of the year. Mr. Ellingsworth inquired as to whether or not all these children are from Delray Beach. Mr. Dragon stated that these children are from Delray Beach. Mr. Ellingsworth asked if the City provides transportation to take the children home? Mr. Dragon stated the City provides transportation if the parent or guardian has filed an affidavit with the City that they are unable to provide trans- portation. Dr. Alperin asked how long the City has been running this program and when did the funding start from the Children's Services Council? Mr. Dragon stated that the City started a part time after school program in 1987. A program for about 30-35 children was held at Pompey Park along with a program for some of the Pine Grove children. Around fiscal year 1988/89, the State legislature enacted the Children's Services Council and the City saw an opportunity to obtain additional funding to expand the program and take care of more children. Dr. Alperin reiterated his position that the reduction in funding from the Children's Services Council is essentially an unfunded mandate on the City by CSC. The children in Palm Beach County and Delray Beach are the ones who will suffer and he feels strongly that the City needs to take a stand. He felt it impera- tive that public attention be called to this matter. Upon further discussion, it was the consensus of the Commission to direct staff to contact the CSC Director for fur- ther discussion, as well as our lobbyist, Kathy Daley, and mem- bers of the County Commission to express the City's displeasure over this matter. 8/8/95 As for the After School Program, it was the Commis- sion's consensus to fund the program with the money currently available and run a reduced program. If the City does not take a stand now, the cuts will only worsen in the future. The Commis- sion wished to make it very clear that the reduced program is the result of action by the Children's Services Council and not the City. Those who are affected by this cut should be very vocal in expressing their displeasure to the Children's Services Council. 9.D. SPECIAL EVENT REQUEST/FOTOFUSION '96: Consider a request for special event approval from Palm Beach Photographic for "FotoFusion '96", from January 30 through February 4, 1996, to include endorsement of the event, waiver of City facility rental fees for all sites except the Tennis Stadium, and a reduc- tion of the Tennis Stadium fee. Fatima NeJame, Director of the Palm Beach Photographic Workshops, explained that "FotoFusion '96" is going to be the only festival of its kind in the United States. She stated "FotoFusion '96" is hoping to attract approximately 6,000 people to Delray Beach for the week of January 30 through February 4, 1996. Commitments have been received from over fifty top photog- raphers and photo picture editors of the major magazines in the country to attend the event along with top graphic designers, artists, and photographers from around the country. She ex- plained that workshops, seminars, lectures, and round table discussions will be held during this event. She stated Palm Beach Photographic Workshops is hoping to turn Delray Beach into the photography capital of the country and, if successful, hopes to make this an annual event for Delray Beach. Discussion by the Commission followed. The City Manager stated that he recommends against waiving the fees for the tennis center. Instead, in order to support this effort, he recommended that the Commission approve a grant in the amount of $6,000 to be placed in the Commission's Special Event budget which would be used to pay the fee of $2,000 per day for use of the tennis center. In addition, Palm Beach Photograph Workshops will be charged $200 per day for clean-up. It was the consensus of the Commission to support the City Manager's recommendation. Mr. Ellingsworth so moved, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.E. TATE V. CITY OF DELRAY BEACH/SETTLEMENT: Consider two actions proposed by the City Attorney's Office with respect to the referenced matter. s/8/95 Mr. Randolph moved to retain the firm of Vance and Doney, P.A. as outside counsel to assist in the defense of this case, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. Mr. Randolph moved to formally cancel all the existing agreements between the City, Stanley Tate, and Excel Development, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 9.F. CONTRACT ADDITION (C.O. ~12)/CRAZ EQUIPMENT COMPANY, INC.: Consider a Contract Addition (Change Order No. 12) in the amount of $22,500.00 with Chaz Equipment Company, Inc. for the emergency removal and replacement of a deteriorated manhole on High Point Boulevard North, with funding from 442-5178-536- 61.84. Dr. Alperin moved to approve the Contract Addition (C.O. #12) with Chaz Equipment Company, Inc. in the amount of $22,500.00, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.G. CONTRACT ADDITION (C.O. #i)/HARDRIVES OF DELRAY, INC.: Consider a Contract Addition (C.O. %1) in the amount of $90,737.50 with Hardrives of Delray, Inc. for the construction of a bike path and sidewalk on the south side of Germantown Road to serve the new Orchard View Elementary School, with funding from 334-3162-541-63.11. Mr. Ellingsworth moved to approve the Contract Addition (C.O. #1) with Hardrives, Inc. in the amount of $90,737.50, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.H. LAKEVIEW GOLF COURSE INSPECTIONS/CAPITAL ITEMS: Con- sider approval of a revised capital budget for bringing the Lakeview Golf Course up to City standards and correcting deferred maintenance. The City Manager stated this item is moot at this point and is provided for informational purposes only. It had been scheduled for action on August 1st, but since that meeting was postponed and the closing on the property occurred on August 2, 1995, there is no need for action. Dr. Alperin commented that he recently walked the course and is disappointed that it was not properly maintained -20- 8/8/95 during the negotiation period. As a result, the City will have to make up the difference from the original estimates. No formal action was taken by the Commission. 9.I. LAKEVIEW GOLF COURSE/BUDGET FOR 1994-95: Approve the Lakeview budget for 1994-95. Dr. Alperin moved to approve the Lakeview Golf Course budget for fiscal year 1994-95 as submitted, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.J. SETTLEMENT OFFER/HAYNES VS. CITY OF DELRAY BEACH, ET AL: Consider a proposed settlement offer in the referenced matter. City Attorney recommends approval. Mr. Ellingsworth moved to approve the settlement offer between Haynes and the City of Delray Beach in the amount of $75,000.00 subject to receipt of appropriate releases, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 3 to 1 vote. 9.K. APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint three members to the Planning and Zoning Board for two year terms ending August 31, 1997. Dr. A1perin moved to appoint Robert Puzey to the Plan- ning and Zoning Board for a two year term ending August 31, 1997, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. Mr. Ellingsworth moved to appoint David W. Schmidt to the Planning and Zoning Board for a two year term ending August 31, 1997, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. Mr. Randolph moved to reappoint Carolyn L. Young to the Planning and Zoning Board for a two year term ending August 31, 1997, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.L. APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint three members to the Site Plan Review and Appear- ance Board for two year terms ending August 31, 1997. -21- 8/8/95 Mayor Lynch stated that he wished to reappoint Mark Little to the Site Plan Review and Appearance Board for a two year term ending August 31, 1997. Dr. Alperin so moved, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. Mrs. Smith's appointment was postponed to the regular meeting of August 15, 1995. Dr. Alperin moved to appoint E. Conrad Sittler, Jr. to the Site Plan Review and Appearance Board for a two year term ending August 31, 1997, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.M. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint three members to the Historic Preservation Board for two year terms ending August 31, 1997. Dr. Alperin moved to appoint Debora Turner Oster to the Historic Preservation Board for a two year term ending August 31, 1997, seconded by Mr. Ellingsworth. Upon roll call the Commis- sion voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. Mr. Ellingsworth moved to appoint Betty Diggans to the Historic Preservation Board for a two year term ending August 31, 1997, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. Mr. Randolph moved to reappoint John M. Vaughn to the Historic Preservation Board for a two year term ending August 31, 1997, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 9.N. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two regular members and two alternate members to the Board of Adjust- ment for two year terms ending August 31, 1997. Mayor Lynch stated that he wished to appoint Peter W. Margolin as a regular member to the Board of Adjustment for a two year term. Dr. Alperin so moved, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. -22- 8/8/95 Mrs. Smith's appointment was postponed to the regular meeting of August 15, 1995. Dr. Alperin moved to reappoint Carney L. Wilder, Jr. as an alternate member to the Board of Adjustment for a two year term, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. Mr. Ellingsworth deferred his appointment of an alter- nate member to the Board of Adjustment until the Regular Meeting of August 15, 1995. 9.0, APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint four members to the Board of Construction Appeals for two year terms ending August 31, 1997. Mrs. Smith's appointment (general contractor position) was postponed to the regular meeting of August 15, 1995. Dr. Alperin moved to reappoint Daniel P. Hess (master plumber) to the Board of Construction Appeals for a two year term, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. Mr. Ellingsworth moved to reappoint Roy M. Simon (ar- chitect) to the Board of Construction Appeals for a two year term, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. A1perin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. Mr. Randolph moved to reappoint Donald MacLaren (sign contractor) to the Board of Construction Appeals for a two year term, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.P. CONTRACT ADDITION (C.O. ~2)/WEST ATLANTIC BEAUTIFICA- TION: Consider Contract Addition (C.O. #2) and 45 day increase in contract time to Regal Contractors, Inc. for the removal of compacted shellrock in the medians, in the amount of $14,606 from 334-4141-572-61.31. Dr. Alperin moved to approve Change Order No. 2 to Regal Contractors, Inc. in the amount of $14,606, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth Yes; Mr. Randolph - Yes; Mayor Lynch - No. Said motion passed with a 3 to 1 vote. -23- 8/8/95 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manaqer 13.A.1. Status Report on the Ramblin Rose. The City Manager stated that over the six month period after the amendment of the License Agreement with the Ramblin Rose and up to the present, the City has not had any further complaints regarding the operation. In response to Mayor Lynch's prior inquiry regarding the "Ail America City" signs on A-l-A, the City Manager stated there are currently small signs in place; however, larger signs will be installed within the next three weeks. In response to Mayor Lynch's prior inquiry regarding the reported drainage problems at the southwest corner of Andrews Avenue and N.E. 8th Street, the City Manager stated the plans were pulled for the condominium on the south side of N.E. 8th Street. The City Manager stated the plans call for a swale to run from the corner down about halfway to the intracoastal where there is an inlet. For whatever reason, there is now a high spot so that the water can no longer drain. The Engineering staff is proposing to re-contour the drainage swale to the way it was originally designed to help correct this problem. In response to Mayor Lynch's prior inquiry regarding the Pineapple Grove Farmer's Market, the City Manager stated this will require a conditional use approval under the LDR's and will have to go through the application and review process. The process would take approximately ten weeks and has not yet been started. 13.A.2. Schedule for budqet work sessions. As a final item, the City Manager requested input from the Commission regarding the scheduling of budget work sessions. He felt one meeting would be needed to allow the charitable organizations to come in and make their presentations. The City's standard policy calls for this procedure; however, if the Commission wishes to handle it another way, that is fine, too. The policy says that we'll take one percent (1%) of our ad valorem tax revenue for allocation among the various organiza- tions. If the Commission prefers, the City Manager stated that staff could make a recommendation to the Commission on how to divide up the monies. The Commission concurred. As for budget work sessions, the Commission concurred to tentatively set Tuesday, August 29, 1995, as a work session date, to be confirmed at the regular meeting on August 15th. Mayor Lynch asked the members of the Commission to meet individually with both the City Manager and the City Attorney -24- 8/8/95 sometime in the next few weeks to discuss their upcoming reviews, and schedule these items for consideration at the first regular meeting in September. Returning to the budget schedule, the City Manager advised that the first public hearing on the budget is scheduled for September 5, 1995. The final adoption hearing is scheduled for September 19, 1995. He advised that he will be attending the National City Manager's Conference this year, and will be away from the City on September 16th through September 20th. Mayor Lynch advised that he will probably be absent from the September 5th meeting, and asked if staff could look into changing the dates for the budget hearings so that the City Manager could be present. The City Manager stated he would review the time frames required for the budget to see if this could be done; however, he felt that the second public hearing for the budget is usually noncontroversial and he did not feel it would be urgent for him to be present. Since the Commission had only the one budget work session scheduled, the City Manager asked that each member indi- vidually let him know if there is a particular area of the budget they would like to focus on so he can be sure to cover that at the workshop. 13.B. City Attorney The City Attorney had no comments or inquiries. 13.C. City Commission 13.C.1. Mr. Ellinqsworth Mr. Ellingsworth asked the City Manager what time the fireworks display will begin on Labor Day? In response, the City Manager stated the fireworks will start at 8:00 p.m. 13.C.2. Dr. A1perin Dr. Alperin stated even though he does not like the newsletters generated by the State politicians and paid for by us, he feels the recent newsletter from Senator Matt Meadows contained some good information. 13.C.3. Mayor Lynch Mayor Lynch commented that while everyone was preparing for the hurricane, he noticed many people picked that time to trim all the plantings on their properties and then stacked up the cuttings in piles in front of their houses. If the storm had come, the debris would have been blown all over the place. He -25- 8/8/95 asked if an arrangement could be worked out with Waste Management for an extra service so that when a storm is announced, these piles would be picked up. Mayor Lynch stated that Jody Gleason with the School Board and County Commissioner Karen Marcus will be at the Munici- pal League meeting tomorrow to speak about the one-half cent sales tax. Apparently there is an ordinance that says you cannot ask for this unless the County and 50% of the cities agree to it. Mayor Lynch asked the Commission if they would be in favor of the City supporting the half cent sales tax issue to be put on a referendum? It was the consensus of the Commission not to support the half cent sales tax issue at this time. The School Board first needs to demonstrate an ability to manage the schools and administer responsibly the funds they already have before any new tax is imposed. There being no further business, Mayor Lynch declared the meeting adjourned at 9:15 P.M. - - ~ity -C~rk - - ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the min- utes of the meeting of said City Commission of August 8, 1995, which minutes w~re formally approved and adopted by the City Commission on ~_z~e/rn~ /~ /99~ Cfty 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. -26- 8~8~95