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08-15-95 AUGUST 15, 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 15, 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 Reverend Richard Evans, Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mr. Ellingsworth moved to approve the Agenda as submit- ted, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin Yes; Mr. Ellingsworth - Yes; Mr. Randolph Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes= Mr. Randolph moved to approve the Minutes of the Regu- lar Meeting of July 18, 1995, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. Prior to roll call, Mayor Lynch, on behalf of the Com- mission, complimented Alison MacGregor Harty, City Clerk, and her staff for preparing accurate Minutes and thanked her for a job well done. 6. Proclamations= None 7. Presentations= 7.A. Delra¥ Citizens for Delra¥ Police - Annual Scholarship Presentations * Nancy J. Wilson * Chanel S. Upshur * Francesca I. Melis Perry DonFrancisco stated that this year marks the Ninth Annual Presentation of the Delray Citizens for Delray Police scholarship awards. He noted that the three young ladies receiving the scholarships this evening are daughters of Police Officers. Nancy J. Wilson is a recent graduate of Atlantic High School and plans to attend Palm Beach Community College in the fall. Ms. Wilson is pursuing education in the field of physical therapy. Chanel S. UDshur, graduated with honors from Suncoast Community High School in 1995. Ms. Upshur plans to attend Plori- da State University with interests in accounting, drafting and anatomy. Francesca I. Melis, recipient of last's year scholar- ship award, plans to attend Palm Beach Community College. 7.B. Discussion with Dr. Cynthia Smith, Principal of the Delra¥ Full Service Center. Dr. Cynthia Smith, Principal of the Delray Full Service Center, stated that upon her appointment as Principal she was forewarned by the Superintendent of Schools that she would have a very tough job. Dr. Smith accepted and welcomed the challenge, and expressed her appreciation to those who have embraced her into this community and who have received her so graciously. Dr. Smith explained the focus on the three major areas of the full service concept as follows: (1) alternative educa- tion; (2) community programs and services, and (3) the pre-kin- dergarten program. With respect to the alternative education program, it is the school's goal to have in place a relevant curriculum emphasizing five business areas. They are (1) tech- nology education; (2) horticulture and hydroponics; (3) building maintenance; (4) art and photography; and (5) food preparation. The focus will be on "hands on" experience so that the children will actually see the results of their efforts. The community service program will focus on coordinat- ing, facilitating and publicizing agency activities and services for families. Currently, there are approximately eight agencies housed on campus while there are twenty-seven agencies who will coordinate services on the campus from other locations. Recent- ly, the School District and the FAU School of Nursing entered into an agreement to operate on campus. 2 8/15/95 The School District and the Delray Full Service Center have entered into an agreement with Palm Beach County to adminis- ter the Head Start program. The grant for the current funding cycle is approximately $369,000.00, but it is expected that funding in the amount of $500,000 will be provided for the 1996 fiscal year. The Center also expects to serve 157 pre- kindergarden students for this fiscal year. Ancillary services for the students include physical/eye examinations and speech/language screening tests. In addition, parenting classes will be offered. In conclusion, Dr. Smith stated that the Delray Full Service Center is currently operating on a $1.7 million dollar budget which is approximately one million dollars short of her anticipated needs. She requested the City's continued support for the center with an eye toward it becoming a facility ready to move into the 21st century. 7.C. Marie Horenburqer - South County Convention Center Site. Ms. Horenburger, representing the Tourist Development Council, made a video presentation on the proposed South County Convention Center site in Boca Raton, and distributed material prepared by Price Waterhouse, the firm which prepared the site analysis for the south county location. Jim Knight, Developer, briefly discussed why the South County site is viewed as an ideal location for the convention center. It is in close proximity with excellent access to the three major airports. Boca Raton is a very safe community and has the lowest crime rate of any of the major cities in Palm Beach County. Another prime consideration is the availability of 4,500 hotel rooms, over 300 quality restaurants, golf and tennis facilities, shopping malls, cultural facilities, and the finest beaches in Florida. The municipalities of Boynton Beach, Delray Beach and Boca Raton are combining efforts and are in full support of the project. Mr. Knight read into the record the names of various agencies which have offered support. At the present time the County Commission is considering four sites. The West Palm Beach site near the new Kravis Center is first on the list, with the south county site currently ranked second. At this time, the City of Boca Raton has tentatively pledged $500 million dollars in support of the convention center at the south county location. Mr. Knight requested the Commission's consideration for a finan- cial commitment from the City of Delray Beach. The City Manager recommended that the Commission con- sider a commitment of $50,000 annually to offset any operating losses or deficits. Since it appears that it would be sometime in the fiscal year beginning October 1997 before a convention center would begin operations, the city would have at least two 3 8/15/95 years to accumulate funds and designate a firm funding source before any money would be needed for convention center operating deficits. Discussion by the Commission followed, after which it was the consensus as follows: assuming the convention center is built in the south county, Delray Beach would make a funding commitment of $50,000 per year, most likely to begin in FY 1997/98 and for a period not longer than twenty years. When the time comes for the funding to be provided, a decision will have to be made as to a funding source with the understanding that the money will have to come from non-ad valorem revenues. Ms. Horenburger commented that the Tourist Development Council would like to be able to present to the County Commission a very strong message of support from the southern communities for locating the convention center at the south county site. Mayor Lynch asked that this item be placed on the September 5th regular meeting agenda for formal consideration. At this point, Mrs. Smith left the Commission Chambers. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify various actions taken by the SCRWTD Board on July 20, 1995. 8.B. ACCEPTANCE OF COUNTY DEEDS FOR FIVE PARCELS FROM PALM BEACH COUNTY: Accept County deeds for five vacant parcels locat- ed in the City of Delray Beach from Palm Beach County. 8.C. RIGHT OF ENTRY EASEMENT AGREEMENT AND ACCEPTANCE OF EASEMENT DEED/RAIMONDI: Approve a Right of Entry Easement Agree- ment and accept an easement deed from Michael and Josephine Raimondi for a 12 foot utility easement to permit the construc- tion of the Ridgewood Road 12" water main from Barwick Road to Military Trail. 8.D. ACCEPTANCE OF CORRECTIVE QUIT CLAIM DEED FOR DON FRAN- CISCO'S WAY (N.W. 1ST STREET): Accept a corrective quit claim deed from the Sendzimir Trustee for the purpose of correcting the legal description contained in the original deed to provide sufficient right-of-way for the construction of Don Francisco's Way (N.W. 1st Street) as a 50 foot right-of-way into the Palm Tran Satellite Facility. 8.E. RESOLUTION NO. 56-95: Approve a resolution assessing costs for abatement action required to remove nuisances on 24 properties throughout the City. The caption of Resolution No. 56-95 is as follows: -4- 8/15/95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S), LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM- PANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOM- PLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTER- EST ON ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (Copy of Resolution No. 56-95 is on file in the offi- cial Resolution Book) 8.F. RESOLUTION NO. 57-95: Approve a resolution assessing costs for emergency abatement action required to remove an unsafe structure at 143 N.W. 5th Avenue. The caption of Resolution No. 57-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 57-95 is on file in the offi- cial Resolution Book) 8.G. RESOLUTION NO. 58-95: Approve a resolution assessing costs for emergency abatement action required to fill an aban- doned septic tank located at 40 S.W. 13th Avenue. The caption of Resolution No. 58-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO -5- 8/15/95 ARTICLE 7.8, "UNSAFE BUILDINGS" OF THE LAND DEVELOPMENT REGULATIONS OF THE ~ITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 58-95 is on file in the offi- cial Resolution Book) 8.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Approve the actions and decisions made by the Site Plan Review and Appearance Board during the period July 31 through August 11, 1995. 8.I. AMENDMENT TO THE CONTRACT TO PURCHASE THE MONTEREY HOUSE: Approve am amendment to the contract to purchase the Monterey House, extending the closing date from August 15, 1995, until on or before September 29, 1995, and permitting interim occupancy pursuant to an occupancy agreement. 8.J. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Motorola Communication & Electronics, Inc. in the amount of $30,773 (via Palm Beach County School Board Contract) for Phase I of the Two-Way Radio System Upgrade project; with funding from 441-5161-536-64.90 and 334-6112-519-64.90. 2. Purchase award to Concept One Police Supply, Inc. in the total amount of $22,000 for seven in-car video systems (PAVE, One System) and one integrat- ed radar unit installed; with funding from 001-2117-521-64.90. 3. Bid award to RPM General Contractors, Inc. in the total amount of $473,978.00 for construction and modifications to Fire Stations #3 and #4. The cost for Fire Station #3 is $291,010 and Fire Station #4 is $189,468, for a total of $480,478, less a credit of $6,500 for awarding both sta- tions; with funding from 228-2311-522-61.59 for Station #3 and 228-2311-522-61.60 for Station #4, through budget transfer. 6 8/i5/95 4. Grant awards for the rehabilitation of three single family housing units under the CDBG housing rehabilitation program, to be awarded as follows: $18,428 for rehabilitation at 113 S.W. llth Avenue to First Choice Corporation, $18,742 for 520 S.W. 14th Avenue to Henry Haywood, and $20,000 for 221 S.W. 15th Avenue to Henry Haywood. Grant award amounts include base bid plus 5% contingency. Funding is available from 118-1963-554-49.19. Mr. Ellingsworth moved to approve the Consent Agenda as submitted, seconded by Dr. Alperin. Upon roll call the Commis- sion voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. Mrs. Smith returned to the dais at this time. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearing portion of the agen- da. 10. PUBLIC HEARINGS: 10.A. SALE OF CITY-OWNED PROPERTY TO JOSE AND ANTONIA SALAS: Consider approval of the Contract for Sale and Purchase between the City and Jose and Antonia Salas for property located at 5072 N.W. 5th Street. Prior to consideration of approving the sale of the City-owned property, a public hearing has been scheduled to be held at this time. Mayor Lynch opened the public hearing. There being no public comment, the public hearing was closed. The City Attorney stated that as part of the Hope 3 Program, the City will contribute $2,950.00 of Hope 3 funds to assist with closing expenses. Lula Butler, Director of Community Improvement, stated that the purchaser will be paying $1,200.00 toward the purchase of the property and that the purchasers have qualified for the mortgage and were approved by the bank. Mr. Ellingsworth moved to approve the Contract for Sale and Purchase between the City and Jose and Antonia Salas for property located at 5072 N.W. 5th Street, seconded by Mr. Ran- dolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE 47-95: An ordinance adopting Comprehensive Plan Amendment 92-3 as a remedial amendment to the Comprehensive Plan pursuant to the provisions of the Stipulated Settlement 7 8/15/95 Agreement between the City and the Florida Department of Communi- ty Affairs. Planning and Zoning recommends approval. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 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 STAT- UTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; 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. (Copy of Ordinance No. 47-95 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. 47-95 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Aqenda Items from the Public - Immediately following Public Hearings. 11.A. The City Manaqer's response to prior public comments and inquiries. With respect to the request that the City install a four-way stop sign at the intersection of Carl Bolter Drive and Avocet, the City Manager reported that staff had reviewed the situation and do not support a four-way stop due to poor visibil- ity of vehicles heading north over the bridge. Staff is continu- ing to look at possible alternatives to address the problem. 11.B. From the Public. 11.B.1. Carolyn Zimmerman, 212 S.W. 2nd Avenue, expressed her concern about the plight of children in the Delray Beach communi- ty. The Delray Full Service Center is very much needed, as is s 8/15/95 the maintenance necessary to bring that facility up to par. The City also needs to acquire the property on Seacrest Boulevard so that it can be developed for use by the students at Atlantic High School. The After School Program is essential, even though it may not be fully funded. If these projects are not funded and used by the children of Delray Beach, then the whole town will lose out. Ms. Zimmerman suggested that those parents of children in the After School Program who are willing and able to do so could contribute a small fee toward the care of their children. If this money were put toward the shortfall due to the funding cutback, then more children could be taken care of. Ms. Zimmerman commented that when the City and its citizens wanted to save land and an historic house located on beach property, monies in the amount of $600,000.00 showed up quickly. She suggested that the City check into the possibility of State grants, fund raising and the like and then budget for these necessary projects. She emphasized that the City should continue to work in conjunction with the School Board and the County for support of these projects. In conclusion, Ms. Zimmerman stated she feels it is extremely important that the City care for its own youth because they are the future of this community. Lastly, Ms. Zimmerman asked why a billboard is allowed on a heavily travelled street in order to advertise cigarettes? She felt that we do not need to encourage a deadly habit for our teenagers because of a cartoon camel. ll.B.2. Chuck Ridle¥, 137 S.W. 12th Avenue, requested that the Commission revisit its decision regarding the After School Pro- gram which was made at the August 8th regular meeting. He stated that he has heard from many of the residents in the community and these parents want to be partners with the city in helping to solve the problem. Mr. Ridley stated that the parents who can afford it are willing to pay a small fee if it will help make the program available to more children, especially those who simply cannot afford to pay for after school care. While the residents recognize and understand why the Commission took the position they did, it is a fact that young children get into more trouble between the hours of 3:00 p.m. and 6:00 p.m. than any other time during the day. The community wants to help the Commission explore ways to make up the difference created by the Children's Services Council's funding cutback so the children of Delray Beach are not hurt. 12. FIRST READINGS 12.A. ORDINANCE NO. 48-95: An ordinance modifying the Commu- nity Redevelopment Plan for the City of Delray Beach in its entirety. If passed, public hearing on September 5, 1995. The City Manager presented Ordinance No. 48-95: 9 8/15/95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVEL- OPMENT PLAN FOR THE CITY OF DELRAY BEACH, FLORIDA IN ITS ENTIRETY; FINDING THAT THE MODIFICATION CONFORMS TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATION IS CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIRE- MENTS OF FLORIDA STATUTES SECTION 163.360(6)(7); PRO- VIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Ellingsworth moved for the adoption of Ordinance No. 48-95 on FIRST Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. At this time the Commission returned to the Regular Agenda portion of the Agenda. 9. REGULAR AGENDA: 9.A. AGREEMENT WITH LIDDUN INTERNATIONAL FOR LEGENDS TOURNA- MENT AND CONCERT: Consider an agreement with Liddun Internation- al, Inc. wherein Liddun is granted a license to hold the Legends Tennis Tournament and associated concerts at the Municipal Tennis Center from November 30 to December 3, 1995. Assistant City Attorney David Tolces stated that the City has negotiated with Liddun International, Inc. for the Legends Tennis Tournament, and there will be two concerts in conjunction with this tournament. The agreement provides that Liddun International, Inc. will pay the City a lump sum fee of $12,500.00 for the use of the municipal Tennis Center during the period November 30 to December 3, 1995. Liddun will be responsi- ble for off-duty Police security and emergency services during the tournament and concerts. Mrs. Smith moved to approve the Agreement with Liddun International for the Legends Tournament and concerts to be held at the Tennis Center from November 30 to December 3, 1995, sec- onded by Dr. Alperin. 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.B. CONTRACT GUARANTEE FOR FLORIDA A&M MARCHING BAND: Consider a request from sponsors of the Perfect Harmony Festival for the City to guarantee payment on the contract to bring the Plorida A&M University Marching Band to Delray Beach on October 7, 1995. -10- 8/zs/gs Michael Weiner, speaking on behalf of the Perfect Harmony Festival organizers, reviewed with the Commission the particulars of the contract guarantee. Since it now appears that the band will not have to stay overnight in Delray, the total cost for the event has been reduced to approximately $22,000 as opposed to the $35,000 predicted in the initial contract. The business community has pledged $7,250 to-date, so the event sponsors will need to generate $14,750 from ticket sales. There are 5,000 tickets available which will be sold for $7.00 each. Only 3,000 tickets would have to be sold in order to meet costs. Discussion followed as to the potential risk to the City which was estimated to be in the neighborhood of $15,000 if the sponsors are unable to raise the money. Charlotte Durante, representing the Perfect Harmony Festival, stated that everyone is very excited about the band coming to Delray Beach and that pledge commitments are coming at a fast pace. She noted that Black communities as far away as West Palm Beach have pledged support. Ms. Durante read into the record the names of City staff and various individuals in the community who are on the committee and devoted to this effort. On question from the Commission, Ms. Durante stated there is no rain date. In the event of rain, ticket sales will not be re- funded. Chuck Ridle¥, member of the Perfect Harmony Festival Committee, stated that he is an alumni of FAMU and a former member of the Marching Band. He feels there is a tremendous effort on the part of the committee to successfully bring the FAMU Band to Delray Beach, and the sponsors will do everything possible to provide whatever assistance is necessary for this endeavor. In regard to the use of the football field at Atlantic High School, Mrs. Smith asked if all the expenses, including insurance coverage, were included in the total cost of bringing the band to Delray Beach? In response, Ms. Durante confirmed that everything has been taken care of, including insurance coverage for the entire day. Also, arrangements have been made for the Atlantic High School Band Boosters to provide concessions. James Roberts, former Equipment Manager for the Florida A&M Marching Band, stated that FAMU alumni chapters from West Palm Beach to Miami are very supportive of the effort to have the band perform in Delray. He does not anticipate any problems in terms of community support necessary to cover the costs that the City is being asked to guarantee. The City Manager suggested that if the event should turn out to be a money maker, then perhaps a portion of the -11- 8/ s/95 profits could go toward overtime costs which will be incurred by the City. Ms. Durante agreed that should there be any profits, the money be returned to the City for a good cause and that she would be willing to receive any input from the City in this regard. Because confirmation has not yet been received as to whether or not the members of the band will need housing over- night, Ms. Durante pointed out that the sponsors are still antic- ipating the cost at $35,000.00. During discussion by the Commission, concern was ex- pressed about guaranteeing the $35,000 figure as that represents a significant risk to the City. However, it was the consensus of the Commission to support the endeavor with direction to the City Attorney to proceed with contract negotiations based upon the $22,000.00 figure. Should this figure change, then the issue will be reconsidered by the Commission. Further, should there be any profit from the event, the City should be paid back for costs incurred in terms of overtime, etc. The City Attorney requested that the sponsors of the event prepare a letter outlining these types of issues so that it is made clear as to what the terms of the agreement will be. Mr. Randolph moved to approve the Contract Guarantee for Florida A & M Marching Band based upon a total cost of $22,000.00; and, should the event be profitable, any excess monies will be used to reimburse the City for costs incurred in support of the event; seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.C. SPECIAL EVENT REQUEST/BACKROOM BLUES FESTIVAL: Consid- er a request from Pineapple Productions, Inc. for special event approval to allow the Backroom Blues Bar located at 16 East Atlantic Avenue to hold a Blues Festival on Sunday, September 3, 1995. The City Manager stated that the Backroom has requested the alley behind the business be temporarily closed until 10:00 p.m. There were some complaints of noise after a previous Summer Blues Festival; however, staff considers 10:00 p.m. a reasonable hour. The Backroom will pay overtime costs and will also be responsible for putting up the barricades. Staff will inspect them to insure they are done correctly. The City Attorney stated that she will ask the Backroom to provide a hold harmless agreement and add an indemnification clause to the contract naming the City as an additional insured. Discussion was had regarding the control of noise. 8/ 5/95 Mr. Randolph moved to approve the temporary alley closure located behind the Backroom Blues Bar on September 3, 1995, from 2:00 p.m. until 10:00 p.m., subject to the Backroom paying for overtime costs; the Backroom will obtain and place all barricades and will contact the Streets Division so qualified personnel can insure the barricades are properly placed; and subject to the hold harmless and indemnification provisions stated by the City Attorney; seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.D. DONATION OF CITY-OWNED PROPERTY/EBENEZER WESLEYAN METHODIST CHURCH: Consider a request from Ebenezer Wesleyan Methodist Church for the donation of a 26 ft. by 135 ft. parcel of City-owned land to the church, located at 201 S.W. 6th Avenue. The subject property is located adjacent to property that the church owns on the north side of S.W. 2nd Street, between S.W. 6th Avenue and S.W. 7th Avenue. After brief discussion, it was the consensus of the Commission to support the City Manager's recommendation with respect to this request. Mr. Ellingsworth moved to deny the request for donation of a 26 ft. by 135 ft. parcel of City-owned land to Ebenezer Wesleyan Methodist Church and agree to either sell the land to the church for $4,000 or swap this strip of property for an equal amount of church property adjacent to the north end of the City's lift station site so that a buildable lot could be created front- ing on S.W. 7th Avenue; seconded by Dr. Alperin. 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.E. RETIREMENT BENEFIT ENHANCEMENT FOR RETIREES FROM THE POLICE AND FIRE PENSION PLAN: Consider a request from retired employees drawing retirement benefits from the Police and Fire Pension Plan, that the retirement benefit enhancement which was effective on January 1, 1994 for active employees be extended to retirees. Although this was not a public hearing item, the fol- lowing individual was allowed to speak: Mr. Alex Semosh, 902 South Swinton Avenue, stated that he retired from the Fire Department in 1980 after thirty years and eight months employment with the City. Speaking on behalf of the retired employees drawing retirement benefits from the Police and Fire Pension Plan, Mr. Semosh requested that the retirement benefit enhancement which was effective on January 1, 1994 for active employees be extended to retirees. -13- 8/15/95 After discussion, Dr. Alperin moved to support the City Manager's recommendation that the retirees' request be denied. Mayor Lynch passed the gavel to Vice Mayor Ellingsworth and seconded the motion. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Vice Mayor Ellingsworth - Yes; Mr. Randolph - No; Mr. Lynch - Yes. Said motion passed with a 4 to 1 vote. 9.F. FUNDING REQUEST/PALM BEACH COUNTY URBAN FORESTRY PRO- GRAM: Consider a request from Palm Beach County to participate in the funding of an Urban Forestry Program. The City Manager stated that several representatives from Palm Beach County were invited to attend this evening's meeting to inform the City of the proposal. Barry Smith, Environmental Director of the Department of Environmental Resources Management, explained that during the 1995 legislative session, both the Florida House and Senate voted not to fund the Florida Division of Forestry's (DOF) Urban For- estry Program. The DOF eliminated the program as of June 30, 1995. The Board of County Commissioners, however, voted to temporarily fund the program a 15 month period, with direction to staff to pursue additional funding sources in order to keep the program going. One possible way that the program could be saved is for the local municipalities to form a partnership with the County wherein both would share in the cost of the program. Mike Greenstein, County Forester, stated that this is a partnership issue and that each municipality has its own special needs. In regard to the City of Delray Beach, Mr. Greenstein noted that he had assisted the City with the Tree City, U.S.A. project and will be assisting homeowners in the city with a street tree program. Mr. Greenstein stated the importance of the City letting him know what the City needs and wants in terms of urban forestry services. The City Manager noted that Palm Beach County is look- ing for a total funding commitment from the municipalities equal to half of the estimated costs, or $22,000. While Delray Beach has a Horticulturist who handles tree-related issues, he felt there could be some advantages to having the County Forester available. After reviewing the City's potential use of the urban forester, staff recommends authorization of $1,000.00 to partici- pate in funding the County's Urban Forestry Program. After discussion, Dr. Alperin moved to approve the authorization of $1,000.00 to participate in the funding of the County's Urban Forestry Program, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Mrs. Smith - Yes. Said motion passed with a 4 to 1 vote. -14- 8/15/95 Prior to roll call, Mayor Lynch stated that he would not support the funding request. While he has a great deal of respect for the County Forester position, he feels this is yet another example of the State unfunding a program and relinquish- ing its responsibilities to the County and municipality level. 9.G. AMENDMENT NO. 1 TO SERVICE AUTHORIZATION NO. 15/CH2M HILL: Consider approval of Amendment No. 1 to Service Authorization No. 15 in the amount of $8,746.00 with CH2M Hill for additional engineering services in conjunction with replace- ment of filter media at the Water Treatment Plant; with funding from 442-5178-536-61.46. Mrs. Smith moved to approve Amendment No. 1 to Service Authorization No. 15 in the amount of $8,746.00 with CH2M Hill for additional engineering services in conjunction with replace- ment of filter media at the Water Treatment Plant, 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.H. CONTRACT ADDITION (C.O. #13)/CHAZ EQUIPMENT COMPANY, INC. (EMERGENCY REPAIR IN BASS CREEK): Consider Contract Addi- tion (C.O. #13) to Chaz Equipment Company, Inc. for the removal/ replacement of a deteriorated storm sewer pipe in the Bass Creek Subdivision, in the amount of $28,189 with funding from 448-5411-538-34.90. Mr. Ellingsworth moved to approve the Contract Addition (C.O. #13) for emergency repair in Bass Creek for Chaz Equipment Company, Inc., in the amount of $28,189.00, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.I. APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint a member (architect/engineer) to the Site Plan Review and Appearance Board for a two year term ending August 31, 1997. Commissioner Smith's appointment. Mrs. Smith moved to reappoint Richard Sheremeta to the Site Plan Review and Appearance Board (architect/engineer posi- tion) for a two year term ending August 31, 1997; seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.J. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Ap- point a member to the Historic Preservation Board for a two year term ending August 31, 1997. Commissioner Ellingsworth's ap- pointment. -15- 8/ 5/95 Mayor Lynch stated that Mr. Ellingsworth had recommend- ed the appointment of Betty Diggans at the August 8th regular meeting; however, Ms. Diggans had declined the appointment. Mr. Ellingsworth moved to appoint Patricia Healy- Golembe to the Historic Preservation Board for a two year term ending August 31, 1997, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.K. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint one regular member and one alternate member to the Board of Adjust- ment for two year terms ending August 31, 1997. Commissioner Smith's appointment (regular member) and Commissioner Ellingsworth's appointment (alternate member). Mrs. Smith moved to reappoint Cheryl Lee-Bennett as a regular member to the Board of Adjustment for a two year term ending August 31, 1997, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin Yes; Mrs. Smith - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Mr. Ellingsworth moved to appoint John G. Baccari as an alternate member to the Board of Adjustment for a two year term ending August 31, 1997. 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.L. APPOINTMENT TO THE BOARD OF CONSTRUCTION APPEALS: Appoint a member (General Contractor) to the Board of Construc- tion Appeals for a two year term ending August 31, 1997. Commis- sioner Smith's appointment. Mrs. Smith moved to appoint Ronald Brito (General Contractor) to the Board of Construction Appeals for a two year term ending August 31, 1997, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. A1perin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.M. BID AWARD FOR POLICE UNIFORMS: Consider rejecting all bids received for Police uniforms and authorize staff to rewrite the specifications and solicit new bids. It was noted by the City Manager that this is the second time this item has gone out to bid. The Police Depart- ment, as well as the Purchasing Division and the City Attorney's Office, are recommending the bid be awarded to Harrison Uniform Company because none of the other bidders bid the light weight pants called for in the specifications. The second highest bidder has stated that he thought the weight of pants specified -16- 8/15/95 was a typographical error. This is understandable since the detail specifications contained in the invitation to bid contain innumerable typographical errors. Nevertheless, the vendor should have inquired and not made assumptions. The City Commis- sion would be on sound legal grounds to award the bid to Harrison Uniforms. Also, Harrison Uniforms is the only bidder located in Palm Beach County and they have given the City excellent service when they have had our contract from time to time. Nonetheless, the City Manager recommended that the bids be rejected again and that staff be allowed to completely rewrite the specifications and solicit new bids. Although this was not a public hearing item, the fol- lowing individual was allowed to speak. Steve Stedham, representing Harrison Uniform Company, gave a synopsis of the events which occurred between the first and second bid process. He pointed out that his company had been recommended for the bid award on both occasions. They have an outstanding product and a demonstrated history of excellent service to the City. To reject the bids at this point and for his company to have to rebid would, in his view, be extremely unfair. At this point lengthy discussion ensued regarding the detailed specifications and future bids. Dr. Alperin moved to approve the bid award for Police uniforms to Harrison Uniform Company, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - No; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. 9.N. STATUS REPORT AND REQUEST FOR DIRECTION REGARDING SEACREST PROPERTIES: City Attorney. The City Attorney stated that negotiations are ongoing with respect to the Seacrest properties and that a contract has been forwarded to NationsBank. She recently met with Mr. Patel, the owner of the gas station parcel, to negotiate a price on his property. The City Attorney noted that Mr. Patel now wants more than what was originally offered for the property and that the amount is above the appraised value. Mayor Lynch stated that a letter has been received from County Commissioner McCarty wherein she reports that it has been discovered that the County owes the School Board $1.5 million. It is her suggestion and recommendation that this money which is owed the School Board be used specifically to support this project. Discussion ensued by the Commission. -17- 8/15/95 Dr. Alperin moved to concur with County Commissioner Mary McCarty's proposal dated August 8, 1995, concerning the Seacrest property project, with the following understanding: (1) that the facility be built and ready for use by August, 1997; (2) that the County or the School Board provide the additional fund- lng needed for acquisition and demolition (estimated at $450,000.00 with the City having set aside $300,000 for acquisi- tion); and (3) that the City intends to acquire the property, demolish the structures, and then turn the property over to the School Board. The motion was seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. At this point the Commission proceeded to the Comments and Inquiries on Non-Agenda Items portion of the Agenda. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager. 13.A.1. Budget Adoption Schedule. The City Manager stated that at the August 8th regular meeting there had been some discussion on whether or not to keep the formal budget public hearings on the present schedule or perhaps move the hearings to September 12th or 26th. According to the present schedule, the first public hearing will be held on September 5, 1995, with the final adoption hearing to take place on September 19, 1995. He recommended that the Commission remain with the present schedule. To do otherwise would cause difficul- ties in meeting statutory requirements with respect to time frames and advertising. With respect to the budget work session, the City Manager confirmed the date of August 29, 1995. The City Manager reported that the next meeting of the Children's Services Council will be held on August 24, 1995, at 5:00 p.m. He apologized for not knowing the exact location of the meeting but will provide the Commission with an agenda so that they could all attend this meeting. Mrs. Smith and Dr. Alperin advised they will not be able to attend the meeting as they will be out of town on that date. With respect to a special trash pick-up for landscape trimmings and debris prior to a hurricane, the City Manager reported that he had met with Mr. Cherry of Waste Management and he was very amenable to providing such a service, possibly at the point when a hurricane watch or warning is issued, provided there is sufficient time to do so. Waste Management agrees that infor- mation should be provided to the public advising that the time to trim trees and clean up landscape debris is at the beginning of hurricane season, long before the first storm is identified. 8/ 5/95 13.B. City Attorney The City Attorney had no comments or inquiries. 13.C. City Commission 13.C.1. Mrs. Smith expressed appreciation to everyone who had wished her a speedy recovery from a recent illness. Mrs. Smith expressed her disappointment at having missed the meeting where the after school program funding was discussed. There will be many children who will not be able to attend this program due to recent cutbacks by the Children's Services Council. She noted there is a lot of sentiment in this town and there should be a way to get those 100 children back into the program. 13.C.2. Dr. Alperin stated that as liaison for the Commission, he had attended the Palm Beach County Intergovernmental Coordina- tion Program meeting on Monday, August 14, 1995. He reported that many of the cities represented expressed deep concern about the very negative impact of the School Board's mistakes in the past and their failure to get along, so Delray Beach is not alone in its distrust. It was noted by Dr. Alperin that he will miss the next meeting of the Concurrency Task Force. He had received a booklet regarding a study by the State of Florida on options for concur- rency issues. Dr. Alperin expressed frustration that the Con- currency Task Force had discussed the possibility of raising taxes in order to pay for certain things but had not discussed how to correct the problem. Dr. Alperin stated that he was impressed to see an article published in the August issue of NEWSWEEK Magazine regarding education concurrency issues. 13.C.3. Mr. Randolph stated that in regard to the recent cut- backs for the After School Program, everyone wishes that some- thing could be done to accommodate the 100 children who will be cut from this program. He expressed concern that the parents who will be affected by the cutback, to the best of his knowledge, have not voiced their concerns other than by the remarks from Mr. Ridley. He felt that these are the parents who should be out in force before the Children's Services Council to adamantly express their concerns. Dr. Alperin suggested that parents should be encouraged to voice their opinions and that those on the waiting list be notified of the next CSC meeting in order to voice their concern. Mayor Lynch suggested the City consider providing transportation to the parents if they are interested in attending the meeting on August 24th. -19- 8/ 5/95 As a final comment, Mr. Randolph stated that someone had apparently conducted a survey on beer which is sold at local markets on West Atlantic Avenue. According to the survey, 950 cases of beer per week are being sold. This equals 22,800 single cans, which at the end of a 52 week period equates to over a million cans of beer. Mr. Randolph questioned how anybody could come up with these figures. Regardless, however, he didn't see where the amount of beer sold by businesses on West Atlantic Avenue had much to do with anything, and they should certainly not be penalized for selling beer. 13.C.4. Mayor L]rnch stated that he recently met with the Mayor of Highland Beach who is taking a lead role in efforts to fight the new coastal construction line. Mayor Lynch noted that Palm Beach County is one of the three remaining counties which has not as yet been determined. He felt it was extremely important for those cities with beachfront to support these efforts because if the coastal construction line changes, our tax base could change significantly. Mayor Lynch recommended that the City write a letter of support to the Mayor of Highland Beach. It was the consensus of the Commission to support this request. Mayor Lynch suggested that John Walker, the City's Project Coordinator, prepare the letter on behalf of the City. Mayor Lynch gave the City Manager a copy of the Council of Mayors' 'Officials Policies' to keep on file in his office in case anyone is interested in reviewing it. Mayor Lynch reported that he recently met with County Commissioner McCarty. One of the issues discussed was the number of special taxing districts there are in the county, specifically the Children's Services Council. He passed along to the City Manager a list of the special taxing districts which affect the City and asked that a copy be provided to the other Commission- ers. There being no further business, Mayor Lynch declared the meeting adjourned at 8:50 P.M. City ~ler~ 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 15, 1995, which minutes were. formally approved and adopted by the City Commission on ~rm/~_~,~ , -20- 8/15/95 City C~erk NOTE TO READER: If the minutes you have received are not completed as indicated above, 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 dele- tions to the minutes as set forth above. -21- 8/15/95