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10-10-95
OCTOBER 10, 1995 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice Mayor Ellingsworth in the Commission Chambers at City Hall at 6:05 P.M., Tuesday, October 10, 1995. 1. The opening prayer was delivered by Reverend Ted Bush, First Presbyterian Church. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Roll call showed: Present Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Barbara Smith Mayor Thomas E. Lynch (arrived 6:07 p.m.) 'Absent None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 4. Agenda Approval. The City Attorney asked that Item 8.D. (Sea Oata Har- vesting Contract/Nautilus Environmental Services, Inc.) on the Consent Agenda be moved to the Regular Agenda as Item 9.AA., since some changes had been made to the contract. Pot the purpose of clarification, the City Attorney, stated that the approval of Item 8.H. (Child Care Services Pro- vider Application/School District of Palm Beach County) on the Consent Agenda will include both the application and the con- tract. A change to the indemnification provision was distributed to the Commission and will be inserted in the contract. Mr. Ellingsworth moved to approve the Agenda as amend- ed, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Mr. Randolph moved approval of the Minutes of the Regular Meeting of September 5, 1995 and the Regular Meeting of September 19, 1995, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6.A. Heritaqe Month - October, 1995. Mayor Lynch read and presented a proclamation recogniz- ing October, 1995, as Heritage Month in Delray Beach and urged all citizens to join in the celebration of the City's historical and cultural heritage. Mr. Michael Weiner came forward to accept the proclamation. 6.B. Florida City Government Week - October 15 to 21, 1995. Mayor Lynch read and presented a proclamation in recog- nition of Plorida City Government Week, October 15 through 21, 1995. Robert A. Barcinski, Assistant City Manager, came forward to accept the proclamation. 6.C. World Food Day - October 16, 1995. Mayor Lynch presented a proclamation proclaiming Octo- ber 16, 1995, as World Pood Day. 6.D. National Character Counts! Week commencinq the third Sunday in October. Mayor Lynch presented a proclamation recognizing Na- tional Character Counts! Week which commences on the third Sunday in October, 1995. 6.E. Red Ribbon Week - Week of October 23, 1995. Mayor Lynch presented a proclamation recognizing the Week of October 23, 1995 as Red Ribbon Week. 7. Presentations: None 8. CONSENT AGENDA: City Manager recommends approval. 8.A. INITIATION OF FUTURE LAND USE MAP AMENDMENT FOR A PORTION OF LAKEVIEW GOLF COURSE: Initiate a small scale Future Land Use Map (FLUM) amendment from Low Density Residential (0-5 dwelling units per acre) to Recreation and Open Space for the Lakeview Golf Course maintenance building site. 8.B. AUTHORIZATION TO EXECUTE SHORT TERM LICENSE AGREEMENTS WITH PALM BEACH COUNTY: Authorize the City Manager to execute short term license agreements with Palm Beach County for use of County property for temporary parking in connection with events at the Tennis Stadium. 8.C. CHRISTMAS TREE DISPLAY AGREEMENT WITH OLD SCHOOL SQUARE: Approve a Christmas Tree Display Agreement wherein the City agrees to accept general liability for the Christmas Tree placement, maintenance and display and associated lights and 2 lO/lO/95 decorations, and to hold harmless the Old School Square, Inc. its officers, directors, employees and volunteers. 8.D. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM 9.AA. 8.E. ADDENDUM TO CONFIDENTIALITY AGREEMENT/DELRAY OAKS (ECOSITE 67): Approve an addendum to the confidentiality agree- ment among the City, Palm Beach County and the Florida Communi- ties Trust, to add certain individuals to the disclosure list of the agreement regarding appraisals and offers relative to the acquisition of the Delray Oaks site (Ecosite 67). 8.F. REMOVED. 8.G. REQUEST FROM PALM ACTS FOR TENNIS STADIUM EVENT: Approve a request from Palm Acts to allow a Praise/Worship event by The Promise Keepers Organization to be held at the Tennis Stadium on Saturday, November 11, 1995, from 6:00 p.m. to 8:00 p.m. 8.H. CHILD CARE SERVICES PROVIDER APPLICATION/SCHOOL DIS- TRICT OF PALM BEACH COUNTY: Approve, and authorize the Mayor to sign, an application for providing child care services through vendor agreement with the School District of Palm Beach County for the 1995/96 After School Program. 8.I. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREE- MENTS/SEVEN NON-PROFIT AGENCIES: Authorization to execute fund- ing agreements with seven non-profit agencies for FY 1995/96: Boys and Girls Club, Community Child Care, Alpha Time Child Care, Urban League, Mad Dads, Hope, Inc., and The TED Center. 8.J. SUBLEASE OF THE SANDOWAY HOUSE: Approve a Sublease Agreement between the City and Officer Pitocchelli for sublease of the Sandoway House at 142 South Ocean Boulevard, subject to approval by the Board of County Commissioners under the terms of our lease agreement with Palm Beach County. 8.K. RESOLUTION NO. 71-95: Approve a resolution requesting the cooperation of the Lake Worth Drainage District to permit the installation of the South Central Regional Wastewater Treatment and Disposal Board's reclaimed water effluent lines within the L-28 Canal right-of-way, and waiver of use fees. The caption of Resolution No. 71-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE COOPERATION OF THE LAKE WORTH DRAINAGE DIS- TRICT TO PERMIT THE INSTALLATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL RECLAIMED WATER EFFLUENT LINES WITHIN THE L-28 CANAL RIGHT-OF-WAY, WAIVING THE USE FEES WITH RESPECT THERETO IN ORDER TO 3 10/10/95 PROMOTE THIS ENVIRONMENTALLY BENEFICIAL PROJECT. (Copy of Resolution No. 71-95 is on file in the offi- cial Resolution Book) 8.L. SETTLEMENT OF ALICE THOMPSON V. CITY OF DELRAY BEACH, ET AL: Approve settlement of the referenced matter as recommend- ed by the City Attorney. 8.M. SECOND A~ENDMENT TO RIGHT OF FIRST REFUSAL AGREE- MENTS/SEACREST PROPERTIES: Approve a second amendment to the Right of First Refusal Agreements with NationsBank and R. Patel for the Seacrest properties to extend the expiration date from September 25, 1995, to October 31, 1995. 8.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept 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 September 18 through October 6, 1995. 8.0. AWARD OF BIDS AND CONTRACTS: 1. Contract award to J.L. Henderson Construction Company, Inc. in the amount of $115,155 for the construction of the Ridgewood Road 12" water main connecting existing 12" water mains on Military Trail and Barwick Road, in order to increase fire flows for new developments, with funding from 440-5179-536-63.60. 2. Bid award to Aquifer Maintenance & Performance Systems, Inc. in the estimated annual cost of $30,000 for well rehabilitation, from 442-5178-536-61.82. 3. Bid award to Liquid Carbonic Industries via City of West Palm Beach bid at a total estimated annual cost of $68,544 for C02 (Carbon Dioxide) for the Water Treatment Plant, from 441-5122-536-52.21. 4. Contract renewal to A-1 Specialty Gasolines, Inc., Coastal Fuels Marketing, Inc., and B.P. Oil Compa- ny, via Palm Beach County Co-op bid at an estimat- ed annual cost of $214,296.20 for purchase of gasoline and diesel fuel, from 501-3311-591-52.51, 446-4714-572-51.11, and 445-4714-572- 52.11. 5. Annual contract award to Sunstate Meter and Sup- ply, Inc. at an estimated total cost of $27,720.54 for fire hydrants, from 442-5178-536-61.77. -4- 10/10/95 Mr. Ellingsworth moved to approve the Consent Agenda, as amended, seconded by Mrs. Smith. Upon roll call the Commis- sion 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. Subsequent to the approval of the consent agenda, Mayor Lynch stated that he had some concerns with respect to Item 8.J., Sublease of the Sandoway House. He felt that the lease should be on a month-to-month basis as opposed to yearly, and also felt there should be a provision to address what would happen if the sublessee were to be terminated from employment with the city. In view of these questions, the City Attorney recom- mended that the contract be renegotiated. Dr. Alperin moved to reconsider Item 8.J. on the con- sent agenda (Sublease of the Sandoway House), seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin moved to postpone consideration of Item 8.J. (Sublease of the Sandoway House) to the Regular Meeting of October 24, 1995, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.AA. SEA OATS HARVESTING CONTRACT/NAUTILUS ENVIRONMENTAL SERVICES, INC.: Approve a contract with Nautilus Environmental Services, Inc. for the collection of sea oats seed off the City's beach, nursery culture of the seed, and compensation to the City for the seed by return of grown sea oats or other coastal dune species for use in the City's ongoing dune management program. The City Attorney distributed information to the Com- mission which confirmed a change in the contractor's name from Nautilus Environmental Services, Inc. to Horticultural Systems, Inc. Ms. Ruby further stated that she finds the indemnification provisions satisfactory and that the Department of Environmental Protection has notified her office of its approval. Mr. Ellingsworth moved to approve the contract as amended, pursuant to the City Attorney's comments, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. -5- ZO/lO/gs 9.A. CONDITIONAL USE REQUEST/EMMANUEL EVANGELICAL LUTHERAN C~URCH OF DELRAY BEACh: Consider a request for conditional use approval to allow the establishment of a church facility for Emmanuel Evangelical Lutheran Church of Delray Beach on a parcel of land zoned R-1-A (Single Family Residential). The property is located at the southwest corner of S.W. 6th Avenue and S.W. 7th Street, and contains 0.93 acres. The City Attorney announced that this item will be conducted as a quasi-judicial hearing. The Deputy City Clerk swore in those individuals wish- ing to give testimony on this item. Diane Dominguez, Planning Director, formally entered the project file for the conditional use request into the record. The proposal is to establish a church facility on six vacant single family lots (zoned R-iA) located in the Rosemont Park subdivision at the southwest corner of S.W. 6th Avenue and S.W. 7th Street. The development proposal is for a 160 seat church, including a sanctuary, a fellowship/dining room and administra- tive offices with a kitchen, and a 60 space parking lot with associated landscaping. The church office will be open during the week, with services being conducted on Sundays and possibly a few nights during the week. The congregation is currently con- ducting services at Trinity Lutheran Church. The church has indicated that if this request is approved, it has an option to purchase four lots across the street on the north side of S.W. 7th Street. These lots would be used for additional parking required for any future expansion. The findings which need to be made relative to this request, as with all conditional uses, are that the use will not have a significantly detrimental effect upon the stability of the neighborhood, nor will the use hinder development or redevelop- ment of the area. Ms. Dominguez reported that numerous complaints have been received by the Planning Department regarding this proposal. The major concern is the concentration of churches and other nonresidential uses in the area. The residents feel that the area is becoming more institutional rather than residential. She noted that within a three block radius there are 11 existing or approved churches and many of these churches do not have adequate parking. The City's cemetery, Public Works complex, Water Treat- ment Plant, Pine Grove Elementary School and several day care centers are all located within this general area. The residents in the area have submitted a petition opposing the request and have expressed a desire that these lots be developed into single family homes for residents as opposed to being used for a church. Ms. Dominguez pointed out that in 1990, the City received a similar request to establish a church only three blocks north of the property in question. That request was 6 o/lo/95 denied. The property was developed for single family homes and the church later purchased property on Lake Ida Road. The Comprehensive Plan calls for stabilization of this neighborhood and the provision of housing opportunities. In the Land Use Element, there is a policy which states that development of vacant land should fulfill the remaining land use needs. Ms. Dominguez concluded her presentation by reporting that on September 18, 1995, the Planning and Zoning Board held a public hearing on this item and heard many comments, pro and con. The Planning and Zoning Board voted 4 to 2 to recommend that the conditional use request be denied, based upon a failure to make the required positive findings. Bob Miller, representative for the applicant and the church's sponsor Trinity Lutheran Church, noted that one of the main objections to the proposed development seems to be an in- creased traffic flow, traffic congestion, and parking along swales. Mr. Miller agreed that traffic congestion is a problem, but felt that it should be attributed to the insufficient amount of parking at the existing churches. He pointed out that the site plan for Emmanuel Evangelical Lutheran Church provides 20 extra parking spaces. Reverend Hdouane Jean, Pastor of Emmanuel Evangelical Lutheran Church, stated that the location is more affordable for a church and it would be beneficial to have it located within the Black community. He pointed out that there is a great need for a Haitian church and emphasized that the parking issue should not be a problem since the majority of the congregation do not own vehicles. In fact, most of the parishioners either walk, use public transportation and/or car pool. He noted that the church will be open on Sundays and sometimes during week nights. He felt that the building will not only enhance the community where it is proposed, but will be beneficial to the City as well. Scott Gress, Pastor of Trinity Lutheran Church, stated that the entire Lutheran denomination supports the Emmanuel Evangelical Church. He emphasized that the church will assist in the social ministry for the community and urged the Commission to approve the request. Jose Aguila, speaking as a member of Trinity Lutheran Church, stated that he had conducted a personal visit of the site. After reviewing the staff report, he did not see any compelling reason not to approve the conditional use request. Mr. Aguila read an excerpt from the Housing Element of the Com- prehensive Plan which emphasizes the need for stabilization of neighborhoods. He questioned what could provide a more suitable social program or complement a neighborhood more than a church? The following individual spoke in opposition: 7 10/10/95 Zerlean Williams, representing the Rosemont Park and Rosemont Gardens subdivisions, spoke in opposition to the condi- tional use application. She submitted two reports which had been provided by the Police Department and asked that they be made a part of the record. The first, a traffic accident report, indi- cated an increase in the number of traffic accidents occurring in the area from 1993 to August, 1995. The second report indicated that there have been 311 criminal activity calls in this area so far this year. Ms. Williams then read into the record results of a personal survey she had conducted regarding Haitian families attendance at various churches in the area. Overall, she ex- pressed concern about the possibility of declining property values due to an overabundance of uses other than single family housing. She stated that the Haitian families do not live in the community, their children do not play there and they are oblivi- ous to their impact upon this neighborhood. There being no one else who wished to give testimony on this item, Mayor Lynch declared the public hearing closed. Discussion by the Commission followed. Referring to the Police reports which had been submit- ted, Mr. Randolph questioned how many of the accidents and crimi- nal acts had occurred on Sundays? The City Manager stated that although the reports refer to actual dates, he would have to refer to a calendar for the past few years to answer that question. However, in glancing through the traffic report, the City Manager noted that many of the accidents occurred on Swinton Avenue or S.W. 4th Avenue. This is not surprising since they are both heavily travelled streets. Mr. Randolph commented that the church that had been denied in 1990 and subsequently purchased property on Lake Ida Road still has not completed construction, probably due to a lack of financing. Mr. Randolph felt that the Evangelical Lutheran Church would not have a problem because they have the total support of the Lutheran Church. He noted that other churches in the area do indeed have insufficient parking and park along the swales. The on-site parking for this request is impressive and concerns about traffic congestion associated with this church do not appear to be warranted. In conclusion, Mr. Randolph comment- ed that if the two Police reports are correct in their findings, then this area may indeed need more churches. Dr. Alperin prefaced his remarks by acknowledging that any discussion regarding churches is a very sensitive issue. He did not doubt that this would be a quality structure and compli- mented Trinity Lutheran Church on all of the sacrifices and assistance they have given to help this church. However, should the Commission overturn a recommendation from the Planning and 10/10/95 Zoning Board, Dr. Alperin felt that there must be a very strong reason or reasons to justify that action. Mrs. Smith stated that she had attended the Planning and Zoning Board's meeting on September 18, 1995, and felt that the primary concern of the Board was the number of churches already existing in the area. She, however, did not see that as a compelling reason to deny this request since she felt the proposed church would have a stabilizing influence on the neigh- borhood. As for concerns regarding additional traffic impacts, she did not feel that this would be a problem. Mayor Lynch stated that he did not see any compelling reason to overturn the Planning and Zoning Board's recommendation to deny the conditional use request. Mr. Randolph moved to approve the request for condi- tional use approval for Emmanuel Evangelical Lutheran Church of Delray Beach, based upon positive findings with respect to Chap- ter 3 (Performance Standards) and Section 2.4.5(E) (5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan and subject to conditions; seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - No; Mr. Ellingsworth - No; Mr. Randolph - Yes; Mayor Lynch - No; Mrs. Smith Yes. Said motion FAILED to pass by a vote of 3 to 2. Dr. Alperin moved to deny the conditional use request for Emmanuel Evangelical Lutheran Church of Delray Beach based upon the recommendation of the Planning and Zoning Board (i.e. a failure to make positive findings with respect to Section 2.4.5(E) (5) (Conditional Use Findings) of the Land Development Regulations and policies of the Comprehensive Plan. Mayor Lynch passed the gavel to Vice Mayor Ellingsworth and seconded the motion. Upon roll call the Commission voted as follows: Vice Mayor Ellingsworth - Yes; Mr. Randolph - No; Mr. Lynch - Yes; Mrs. Smith - No; Dr. Alperin Yes. Said motion passed with a 3 to 2 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC gEARINGS: 10.A. Public hearinq on proposals from Waste Manaqement concerning alternative methods of garbage collection. Prior to consideration of the proposals from Waste Management, a public hearing has been scheduled to be held at this time. Mayor Lynch explained that the City is exploring alter- native methods of garbage collection. After the presentation made by Mr. Floyd Cheery, Waste Management, at the October 17, 1995 workshop, it was the consensus of the Commission that a 9 10/10/95 public hearing be held to allow the residents an opportunity to voice their opinions concerning this issue. At this point, the Finance Director reported the fol- lowing findings which resulted from the meeting with the Presi- dent's Council: 1) the City should remain with two garbage pickups per week, continue with the once a week recycling and trash pickup; 2) the City should bid this service in order to investigate the competitive market; 3) the northwest area cur- rently charged for rear door service, should be changed to curbside; 4) County Manors and High Point should continue with curbside disposal bags; 5) research should be done regarding a sturdier top, size and a more attractive cart; and, 6) the City should stop its extra pickup service since it may promote curbside clutter during the week. Also, it was a consensus of the President's Council that the City's Code Enforcement Department become more involved in the trash collection effort and that they should enforce the regulations. In his meeting with the President's Council, Mr. Safford pointed out that one of Waste Management's problems is that of Workmen's Compensation. The State's standard rate for a sanitary worker is $22.89 per $100 dollars of salary. In other words, 23% of a worker's pay is needed just to pay Workmen's Compensation premiums. Waste Management is recommending an automotive lifting system whereas their sanitation workers do not have to physically lift a container. This severely reduces their costs which is why Waste Management is passing cost savings on to the City. In conclusion, Mr. Safford reported that staff recom- mends the following: 1) the City continue its present contract with Waste Management for the final year, which includes existing service and the use of existing containers; 2) approve the ordi- nance for a 2.7% garbage rate increase effective November 1, 1995, which is in accordance with a contract; 3) the City will bid out all garbage and trash services asking for alternative rates for different levels of service and/or different locations; 5) recommend a 90 day city-wide program using curbside carts starting October 1, 1996 (Area "C" will be excluded which in- cludes Country Manors and High Point which will remain with curbside disposal bags); and, after the 90 day period, the area will be surveyed. Mr. Safford noted that the beach area was not repre- sented at the President's Council meeting. This area may want to be excluded mainly because it is a tourist area. Mayor Lynch inquired as to how the City could protect itself during the bidding process to assure that the companies bidding could provide the same level of service we have received from Waste Management during the past twelve years. -lO- lO/lO/95 The City Attorney stated that the contractor's track history would certainly be taken into consideration as to whether they are the most responsive and responsible bidder. Mayor Lynch asked if the residential and commercial services would be bid separately, or would it be a packaged deal? The City Manager responded that it is under the same franchisee now and it would probably operate the same way. Mrs. Smith asked if a performance bond is required? It was noted by the Mayor that a performance bond is tough in this type of business. You can get a bond; however they do not pay. At this point, discussion was had regarding the bidding process, preparation of specs and receiving competitive rates. The City Manager stated that the Solid Waste Authority notified the City that they are thinking of going to collecting of mixed paper and recycling; and, at the same time going to once a week service. The Solid Waste Authority has since discovered that the reduction rate is not enough to make people really interested. They realize that the residents would prefer to have twice a week service rather than save a few dollars. The public hearing was declared opened. Frank Cherry, representing Waste Management, encouraged the City to continue its partnership. He pointed out that this is a private company which is involved in many activities within the City and its agencies. It responds quickly to inquiries and/or complaints and a representative stops by City Hall several times a day to make sure that any concerns are resolved. Also, the City's Code Enforcement responds to many requests throughout the day and pointed out that Waste Management responds quickly to any type of emergency. He emphasized that the City is a very transient community and that household furnishings are sometimes left at the curbside. Also, there is a tremendous amount of illegal dumping; however, Delray Beach receives a higher level of service than any other contract. This City has the highest administrative fee of any contract Waste Management has and is approximately four times the average fee paid for other con- tracts. These fees are part of the rate which is paid for by the consumers and does not become a part of Waste Management's reve- nue. Mr. Cherry recommended that the City forego the increase and renegotiate a new contract which would redefine service levels and rates. George Conley, 2380 Black Olive Boulevard, Vice Presi- dent of the Board of Directors of the Pines of Delray, pointed out that Waste Management has been very cooperative and was pleased with their services. Richard Friess, 3011 Linton Boulevard, Treasurer of the Lakeview Greens Condominium Association, found Waste Management to be very professional, curious and helpful during the past ten years of service. The company has saved the Association money and would like to see the City continue its contract. Gerald Filippi, Vice President of the Board of Direc- tors of High Point Section IV, stated his community does not have storage for roll-out carts and the residents feel the carts are unsightly and present problems. He further stated that many of the residents are elderly and roll-out carts are almost impossi- ble to handle. J. C. Stelnhart 2005 N.W. 4th Avenue, complimented Waste Management for its service and did not want the City to change to a different vender just in order to save a few dollars. Paul Hollis, 2013 N.W. 4th Avenue, stated that he had moved from Boynton Beach to Delray Beach and has been very im- pressed with the City's garbage pickup. He pointed out that there had been a lot of overgrown shrubbery on his property and after trimming, he had huge piles that needed to be picked up. Not only did Waste Management picked up the debris, but he saw men climb out of the truck with shovels and rakes to clean up what was remaining on his driveway. Lero¥ Geathers, 1401 S.W. 4th Street, representing the Carver Park Homeowners Association, stated that his community is extremely pleased with Waste Management. He commended the City and its Code Enforcement personnel in helping to clean up this neighborhood. Mr. Geathers made reference to the colored carts, stating that persons who live in areas designated for green carts to please not drop off their broken carts in the blue area (the area where he lives)! Tommy Stevens, 507 S.W. 6th Avenue, pointed out that Waste Management has made a commitment to this community and provides services to non-profit organizations. He thought this was exceptional of a company of this magnitude and encouraged the Commission to negotiate its contract. Richard Eckerle, Woodlake Homeowners Association, complained about the pick-up service and noise in the early morning hours in his community. Helen Coopersmith, representing Progressive Residents of Delray (PROD), urged the Commission to listen to the comments voiced by the people. She requested that the City wait longer on its negotiations with Waste Management and seek other competitive bids. Gerald DeFoe, resident of County Manors and Board of Directors of PROD, was appreciative of the fact that the City is considering rebids. He pointed out that Waste Management has -12- 10/10/95 immediately responded to any problems and that his community is content with the service. He referred to the fact that Palm Beach County had reopened their bid and were able to save thousands of dollars. Mr. DeFoe suggested that the Commission consider doing the same. Joan Meyer, President of the Del-Aire Country Club Property Owners Association, stated that her community supports staff's recommendation. They view any reduction in service to once a week as a regressive proposal for health and safety rea- sons. John Garrlt¥, 112 North Swinton Avenue, stated that he is the Executive Director of a nonprofit organization who assists families in financial crisis. He did not have a problem with once a week pick-up service if there is a cost savings for the City. Secondly, he pointed out that Waste Management, as an organization, is a great community benefactor. They are always available to offer their assistance. Janet Patrick, 306 S.W. 6th Avenue, stated that even though she has only been in the City for two months, she has been very pleased with the service. She noted that after construc- tion, the dumpster was removed and people starting placing trash next to her new home. Waste Management workers have gone out of their way to pick-up any trash. Toni DelFiandra, President of the Del-Ida Park Neigh- borhood Association, stated that her community receives back door service. A resident of her community had attended the Presi- dent's Council and had complained of service. Ms. DelFiandra noted that the residents know to come to her if they had a prob- lem. She felt that perhaps some of the residents may be renters who place their trash at the curb. She also felt that perhaps there was a communication problem between the residents and Waste Management. Andre Leroy Andrews, 618 S.W. 6th Avenue, felt that Waste Management has A+ service and that the workers willingly do the little things that count, such as raking debris. In his opinion, it would be a shame for the City to lose such profes- sional performance. Joe Kamarata, Tropic Palms Homeowners Association, suggested that residents should be allowed to pay more for what- ever type of service they want. Those who want more service pay more, others who want less service, pay less. Also, they should have the option as to whether or not they want a cart. He point- ed out that the City is known as a Tree City, which attributes to Waste Management having to pick up more tree trimmings than usual. Mr. Kamarata commented that when he has a large amount of trash he tapes a $5.00 bill to his trash can. -13- 10/10/95 Richard Machek, 17 N.W. 16th Street, stated that he likes the back door service and the twice a week pick-up curbside service. He was opposed to the rate increase in the last year of the contract. As a member of Palm Beach County Governing Board of the South Water Management District, he noted that the Dis- trict receives Ad-Valorem tax dollars. Mr. Machek pointed out that the question is not that of service because the City is paying for that service. He urged the City to check on competi- tive rates and recommended that the bid policies be stringent for its own protection and go to rebid. Frank Deering, 920 Spanish Circle, suggested that the City should run its own sanitation collection. Tom Trento, President of the Bass Creek Homeowners Association, stated that his job takes him all over the United States enabling him to see many wonderful communities. In his opinion, Delray Beach is the best community in which to reside. He supported the bidding process as he felt it is a fair practice and should be seriously considered. Jean Beer, resident of Tropic Isles, expressed complete faith in staff's recommendation and urged the Commission to seek competitive bids as the City had nothing to lose and everything to gain. Alexander Simon, 555 S.E. 1st Avenue, concurred with comments voiced previously and urged the City to protect its interest by seeking competitive bids. Kathy Shabotyneskyj, 209 Brandon Drive, emphasized the success that the City has had in its partnership with Waste Management. She felt that the drivers are courteous and that this company is extremely responsive to the needs of the resi- dents. She had attended the meeting of the President's Council and noticed that no one had complained of the prices. She empha- sized that it was not the issue of money, but the issue of ser- vice and the City should continue its relationship with a company which has supported every event in the City. Marie Horenburger, 801 Andrews Avenue, stated that she is a representative of Browning Ferris Industries County Sanita- tion (BFI) which is a Fortune 500 Company located in Delray Beach. She pointed out that she has been a resident of the City for over 20 years and had served a term on the Commission. Ms. Horenburger asked that the City consider rebidding the contract. Ms. Horenburger distributed a booklet which outlines BFI's opera- tion. She pointed out that she was not present to criticize the service which the City currently receives but to urge the Commis- sion to open the bidding in order to save money. Carolyn Zimmerman, Chair of the President's Council, stated that the only fair thing to do is for the City to go out -14- 10/10/95 to rebid. Unless competitive bids are received and compared, there is no way to know if the City is really getting a break. There being no one else to address the Commission on this issue, Mayor Lynch declared the public hearing closed. Dr. Alperin stated that he has been extremely happy with Waste Management's service but thought that in all fairness, the City should go out to rebid. He felt that the City owes its citizens that option; however, everyone feels that Waste Manage- ment has provided tremendous service for the City and that this will become part of the decision when the time comes to consider rebids. He commented that it is not just the consideration of money, rather it is the quality of service. The City Manager suggested that the next item on the Agenda (Ordinance No. 49-95 could be deferred to the Commis- sion's meeting of October 24, 1995. This would allow the Commis- sion to make its decision as to whether or not to finish out the contract and adopt the rate increase the contract calls for; or, negotiate a new contract with Waste Management. Mrs. Smith commented that time is of the essence in regard in going to rebid. Mr. Ellingsworth complimented staff on their work and felt that Waste Management has performed superbly. He stated that he was willing to support staff's recommendation. Mr. Randolph noted that it will be difficult to find another company that will be willing to offer the type of service which the City is presently receiving. Mayor Lynch stated it is not the goal of the City to risk bidding in order to save a few dollars. We want to make sure that there is sufficient savings-and the quality of service is not changed. The City would like to receive more citizen input in regard to setting-up service zones. After discussion, it was the majority consensus of the Commission to continue the contract with Waste Management for the remaining year; approve the 2.7% increase effective November 1, 1995; receive alternate rates for alternate services; proceed with a 90 day trial period for curbside carts; that the areas of the City which currently use disposal bags remain; and, that the City conduct a survey after the 90 day trial period; also, that the City go to through the rebid process and that the specs be written in such a way as to guarantee the receipt of bids by companies that can provide the quality of service required by Delray Beach residents. At this point Mayor Lynch left the Commission Chambers. -15- 0/ 0/95 10.B. ORDINANCE NO. 49-95: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code to provide for an increase in the rates charged for garbage, recycling and trash services provided to residential and commercial customers. 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. 49-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR AN INCREASE IN THE RATES CHARGED FOR GARBAGE, RECYCLING AND TRASH SERVICES PROVIDED TO RESIDENTIAL AND COMMERCIAL CUSTOMERS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 49-95 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance in its entirety. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney noted that the effective date of the ordinance has been changed from October 1, 1995, to November 1, 1995. There being no one who wished to address the Commission on this item, Vice Mayor Ellingsworth declared the public hearing closed. Dr. Alperin moved to adopt Ordinance No. 49-95 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mrs. Smith Yes; Dr. Alperin - Yes; Vice Mayor Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 10.C. RESOLUTION NO. 72-95/LAND EXCF~NGE AGREEMENT WITH EBENEZER WESLEYAN M~THODIST CHURCH: Approve a resolution author- izing an exchange of property between the City and Ebenezer Wesleyan Methodist Church, generally located at the intersection of S.W. 6th Avenue and S.W. 2nd Street. Prior to consideration of the resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 72-95: -16- 10/10/95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING PURSUANT TO SECTION 36.35(B) OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, THE EXCHANGE OF CERTAIN REAL PROPER- TY OWNED BY THE CITY OF DELRAY BEACH AND EBENEZER WESLEYAN METHODIST CHURCH, GENERALLY LOCATED AT THE INTERSECTION OF S.W. 6TH AVENUE AND S.W. 2ND STREET; PROVIDING FOR THE TERMS AND CONDITIONS OF SUCH EXCHANGE. (Copy of Resolution No. 72-95 is on file in the offi- cial Resolution Book) The City Attorney read the caption of the Resolution in its entirety. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Assistant City Attorney David Tolces explained that the church will give the City a 50 ft. X 50 ft. parcel which is adjacent to property which the City already owns which will allow the City to have one lot fronting on S.W. 7th Avenue. This lot can then be used for Affordable Housing development and the church will get the strip from the City which is located between the two church parcels. The church will then be required to join all three of their parcels via Unity of Title. There being no one who wished to address the Commission on this item, Vice Mayor Ellingsworth declared the public hearing closed. Mr. Randolph moved to adopt Resolution No. 72-95, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Vice Mayor Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. At this point Mayor Lynch returned to the dais. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. ll.A. City Manager's response to prior public comments and inquiries. The City Manager stated that a representative from Parker's Kitchen, located on West Atlantic Avenue, expressed concern regarding the parking restrictions at that place of business. The "No Parking" signs located in front of the busi- ness has been removed and relocated. Staff has worked with Parker's Kitchen in order to develop a method for monitoring and managing the parking. If this does not work out then pertinent changes will be made. -17- 10/10/95 In response regarding the deterioration in the road surface between 1-95 and Congress Avenue. Staff has written a letter to the Road Superintendent of Palm Beach County with a copy to County Commissioner Mary McCarty. Hopefully, this will be taken care of soon. In response to a representative of the Seacrest Home- owners Association regarding trash pickup in this area, staff has contacted the President of the Association who indicated that she is satisfied with the assistance with the work which has been done in partnership with the Association and the City, particu- larly Code Enforcement. Although she recognized that the neigh- borhood is not perfect, she recognizes the effort put forth to date which has greatly improved the aesthetics of the neighbor- hood. Also, staff made a separate effort to contact Mr. John Freeney of the same community to address his comments directed primarily at tenants who were being evicted from some of the apartment units who had placed bulk items at the curbside way in advance of the regularly scheduled pick-up garbage day. The City Manager believed that Mr. Freeney was trying to address the issue of garbage service and the proposal by Waste Management. ll.B. From the Public. ll.B.1. Joe Kamarata, 764 Avocet Road, representing the Tropic Palms Homeowners Association, noted that he had inquired about street lighting in this community at a prior meeting. He pointed out that the area is quite dark and invited the members of the Commission to drive through the development during the evening hours. The City Manager stated that the City has adopted some standards for street lights and that staff will check to see if this area meets those standards. Mr. Kamarata noted that some residents have mature trees on their property which cast shadows at night which further obstructs the street lighting. Also, Mr. Kamarata expressed concern of the possibility of a hurricane destroying important documents at City Hall and asked if the City has checked into hurricane protection. Mayor Lynch responded that the City has installed hurricane shutters; however, there is a concern regarding the structure itself. The City Manager pointed out that this issue will be discussed at the Workshop meeting of October 17, 1995. He noted that City staff has completed an analysis with several alterna- tives and suggested that Mr. Kamarata should attend this meeting. o/ o/95 ll.B.2. MS. Elminer Harris, 513 Dolphin Drive, expressed con- cern regarding her water bill. She pointed out that her water service during the past five years has been $63.00 per month and that one particular month her bill jumped to $349.00. Ms. Harris reported that she had contacted the City Manager and the Finance Director to address this issue. She noted that she had hired a plumber who confirmed that there were no leaks at her property. Mayor Lynch explained that the rates are standard for all citizens which is based on the usage of water, sewer and garbage usage. If the use has increased substantially, this might be the cause of the problem. It was pointed out by Ms. Harris that according to the Water Department, she used 267,000 gallons of water during a one month period. She emphasized that there is no evidence of that water going anywhere; and, there have been no repairs, no leaks and no damage. Ms. Harris noted that after that particular month, the subsequent months have returned to normal. She felt that there is obviously an error made on the part of the City and was adamant that it be corrected. The City Manager explained if an error was made by the individual reading the meter then the error would have corrected itself the next month. In addition, there are safeguards which are built into the program and unless there is evidence indicat- ing differently, the water went through the meter and the custom- er is responsible. Ms. Harris noted that she does not own a swimming pool to account for the usage, nor had she been out of town allowing someone to tamper with her water. She commented that she had also been informed that her usage was 60,000 gallons of water during a two day period. Mayor Lynch stated that City staff will work with her in order to resolve her problem. If Ms. Harris is not satisfied after that time, then she is welcomed to address the Commission again. ll.B.3. Bob Geffe, 1508 Lake Drive, representing the Lake Ida Property Owners Association, stated that his development is outraged by the removal of vegetation at Lake Ida Park. The area north of the boat ramp exposes the neighborhood to the site, as well as noise from 1-95. Palm Beach County Parks Department has assured the Association that a proper vegetative screen would be installed before the removal of any vegetation. Also, that they were to confirm in writing as to the size of the plant material which was to be installed; however this was never done. At the present time the noise has increased on 1-95 and the vegetation has since been removed. Mr. Geffe stated that the plant material which had been planted along the fence line between the roadway, Lake Ida Park and the fence will take about 10 years to mature. The Association is concerned that no real effort was made to 10/10/95 replace the material which was removed. The Lake Ida Property Owners Association requests that the City represent them to Palm Beach County Parks Department in their request to replant and/or add larger specimen material. Mayor Lynch recommended that the Association meet with the City's Horticulturist, Nancy Davila, who will contact the County on their behalf in order to rectify the problem. 12. FIRST READINGS: 12.A. ORDINANCE NO. 54-95: An ordinance rezoning a 6.58 acre parcel of land from POC (Planned Office Center) District to CF (Community Facilities) District to accommodate an adult day care facility and an Adult Congregate Living Facility (ACLF). The property is located at the northwest corner of Congress Avenue and Lake Ida Road. If passed, public hearing on October 24, 1995. The City Manager presented Ordinance No. 54-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZ©NING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT, SAID LAND BEING LOCATED AT THE NORTHWEST CORNER OF CONGRESS AVENUE AND LAKE IDA ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; 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. 54-95 is on file in the official Ordinance Book) Mr. Ellingsworth moved to approve Ordinance No. 54-95 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. 12.B. ORDINANCE NO. 55-95: An ordinance rezoning a 1.52 acre parcel of land from R-1-A (Single Family Residential) District to CF (Community Facilities) District to accommodate a private elementary school as an accessory use to a church. The property is located at the southwest corner of N.W. 3rd Street and N.W. 3rd Avenue. If passed, public hearing on October 24, 1995. The City Manager presented Ordinance No. 55-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-i-A (SINGLE -20- 10/10/95 FAMILY RESIDENTIAL) DISTRICT IN THE CF (COM- MUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED AT THE SOUTHWEST CORNER OF NoW. 3RD AVENUE AND N.W. 3RD STREET, AS MORE PARTICU- LARLY DESCRIBED HEREIN; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVID- ING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 55-95 is on file in the official Ordinance Book) Mr. Randolph moved to approve Ordinance No. 55-95 on FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 56-95: An ordinance rezoning a 0.43 acre parcel of land from R-1-A (Single Family Residential) District to CF (Community Facilities) District to accommodate an expansion of the Community Child Care Center. The property is located on the south side of Lake Ida Road, immediately west of and adjacent to the existing day care center. If passed, public hearing on October 24, 1995. The City Manager presented Ordinance No. 56-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT IN THE CF (COM- MUNITY FACILITIES) DISTRICT, SAID LAND BEING LOCATED ON THE SOUTH SIDE OF LAKE IDA ROAD, WEST OF AND ADJACENT TO THE COMMUNITY CHILD CARE CENTER, AS MORE PARTICULARLY DESCRIBED HEREIN; 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. 56-95 is on file in the official Ordinance Book) Mrs. Smith moved to approve Ordinance No. 56-95 on FIRST Reading, 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. Prior to roll call, Dr. Alperin commented that the site plan indicates that the playground will back up to Lake Ida Road. He expressed concern regarding the safety of children in the 10/10/95 playground as he felt there was not much protection between the roadway and the chain link fence. Mayor Lynch suggested the day care center consider the installation of steel poles for added protection. Bob Currie, Architect representing the applicant, stated that he would make this concern known to his client. 12.D. ORDINANCE NO. 57-95: An ordinance amending Section 4.6.5 of the Land Development Regulations regarding height re- strictions and landscaping requirements for walls, fences, and hedges located in front and street side yards. If passed, public hearing on October 24, 1995. The City Manager presented Ordinance No. 57-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.5, "WALLS, FENCES, AND HEDGES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO RESTRICT THE MAXIMUM HEIGHT OF WALLS, FENCES AND HEDGES WITHIN FRONT YARD SETBACKS AND AT INTERSECTIONS TO ELIMINATE SIGHT OBSTRUCTIONS; RESTRICTING THE USE OF CERTAIN FENCE TYPES IN FRONT AND STREET SIDE YARDS UNLESS SCREENED BY HEDGING; PROVIDING AN AMORTIZATION CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 57-95 is on file in the official Ordinance Book) Diane Dominguez, Planning Director, read the portion of the LDR's relating to sight distance obstruction. In regard to the amortization clause, fences, walls and hedges which are currently in existence may create a traffic sight obstruction and persons will have to comply with the City's restrictions by the year 2000. At this point discussion ensued regarding the interpretation of the ordinance, the five year amortization clause and traffic/pedestrian safety. In conclusion, the City Attorney suggested that her office check further into these concerns before the ordinance is considered further by the Commission. Mr. Ellingsworth moved to deny Ordinance No. 57-95 on FIRST Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. -22- 10/10/95 12.E. ORDINANCE NO. 59-95: An ordinance amending Section 2.4.3(K) (7) of the Land Development Regulations providing criteria to waive development application, plan check and permit fees for certain nonprofit and service organizations. If passed, public hearing on October 24, 1995. The City Manager presented Ordinance No. 59-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3(K) (?), "EXCEPTIONS" OF THE LAND DEVELOPMENT REGULATIONS OF TH~ CITY OF DELRAY BEACH, TO PROVIDE CRITERIA FOR THE WAIVER OF DEVELOPMENT APPLICATION, PLAN CHECK AND PERMIT FEES FOR ELIGIBLE NON-PROFIT AND SERVICE ORGANIZATIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 59-95 is on file in the official Ordinance Book) Mr. Ellingsworth moved to approve Ordinance No. 59-95 on FIRST Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 12.F. ORDINANCE NO. 60-95: An ordinance amending Section 2.4.2(B) (1) of the Land Development Regulations to conform the City's notice requirements for certain land development applica- tions with statutory requirements. If passed, public hearing on October 24, 1995. The City Manager presented Ordinance No. 60-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.2, "NOTICE REQUIREMENTS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY REPEALING SUBSECTION 2.4.2(B) (1) IN ITS ENTIRETY, AND ENACTING A NEW SUBSECTION 2.4.2(B) (1), "NOTICE", TO CONFORM NOTICE REQUIREMENTS FOR CERTAIN LAND DEVELOPMENT APPLICATIONS WITH STATUTORY REQUIREMENTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 60-95 is on file in the official Ordinance Book) Mr. Randolph moved to approve Ordinance No. 60-95 on FIRST Reading, seconded by Mrs. Smith. Upon roll call the -23- 10/10/95 Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 12.G. ORDINANCE NO. 61-95: An ordinance amending Chapter 112, "Alarm Systems", of the City Code by revising the fee schedule for responses to false alarms. If passed, public hearing on October 24, 1995. The City Manager presented Ordinance No. 61-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 112, "ALARM SYSTEMS" OF THE CODE OF ORDINANCES OF THE CITY OF ~ELRAY BEACH, BY AMENDING SECTION 112.27(B), TO REVISE THE FEE SCHEDULE FOR RESPONSES TO FALSE ALARMS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 61-95 is on file in the official Ordinance Book) The City Manager explained that the Police Department is recommending a flat fee of $25.00 for false alarms in excess of three per calendar year at the same address. If it turns out that this is not a sufficient deterrent to those who truly abuse the system, then the Commission could reconsider the issue and make further changes to the ordinance. Mayor Lynch opened the floor for public comment. Joe Kamarata, 764 Avocet Road, suggested that the City should charge a higher fine to those individuals who require more than five responses to the same location. Mayor Lynch agreed; however, the Police Department will be keeping close records and will be monitoring those individuals who abuse the system. Mayor Lynch requested that item be returned to the Commission for review in approximately six months. Mrs. Smith moved to approve Ordinance No. 61-95 on FIRST Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission returned to Regular Agenda portion of the meeting. 9.B. CONDITIONAL USE REQUEST/OSTERMANN SAUSAGE COMPANY: Consider a request for conditional use approval to allow the establishment of a food processing facility (Ostermann Sausage -24- 10/10/95 Company) on a parcel of land zoned CBD-RC (Central Business District-Railroad Corridor). The property is located at the southeast corner of S.E. 1st Avenue and S.E. 3rd Street, adjacent to the F.E.C. Railroad (former bowling alley), and contains 1.54 acres. The City Attorney announced that this item will be conducted as a Quasi-Judicial Hearing. The Deputy City Clerk swore in those individuals wishing to give testimony on this item. Diane Dominguez, Planning Director, entered into the record all pertinent documents from the Planning and Zoning Department's Conditional Use Request Project File. She pointed out that the CBD-RC district was recently designated in order to accommodate light industrial type uses along the railroad corridor in the downtown area. One of the uses which was specifically included to be a conditional use is a food processing facility. This particular proposal would be a sausage packaging facility in the former bowling alley. This building has been vacant and in deteriorating condition for a number of years. Ostermann Sausage Company is looking to relocate the business from Denver, Colorado, and plan to significantly upgrade the building, parking and landscaping. This operation involves receipt of meat products in a truck approximately once a week. The meat is either fresh or frozen and is contained in sealed packaging. It is unpacked and ground with spices, put into casings and cooked in hot water. There is no waste and even the containers are recyclable. The cooked product is shipped via truck once a week. There is a UoS.D.A. inspector on site and the plant is hosed down daily. Staff has viewed videos of the operation and found it to be very clean. This facility will employ between 15 to 20 persons who will be recruited from the surrounding area. Ms. Dominguez pointed out that this particular property is located in the Light Industrial District. This building has been characterized by some individuals as being in a residential neighborhood, although there are homes across the street, it is on the fringe of a residential area. This property is located between the railroad tracks, other industrial uses and residential homes and that it will be difficult to have a use which will be satisfactorily to everyone. The Staff Report pointed out that this particular use will help stabilize the area and you can make positive findings as far as the conditional use is concerned. The proposed use will help to upgrade a vacant blighted building and will have very little impact on traffic. It will enhance the area and will help redevelopment. At its meeting of September 18, 1995, the Planning and Zoning Board voted 5 to 1 to recommend that the Conditional Use Request be approved, subject to conditions as outlined in the -25- 10/ 0/95 Staff Report. The dissenting vote was due to a concern regarding potential odors. It was pointed out that the CRA and the Chamber of Commerce support the request. William Falrman, representing the petitioner (Mr. and Mrs. Ostermann), assured that the facility will not produce any orders, or have rodent problems as all the work is performed inside the building and no waste will be generated outside the facility. All the material is contained in plastic containers which are packed in cardboard boxes. Mr. Fairman presented a history of the Ostermann's business which began in New York in 1954. Chris Brown, Executive Director of the Community Redevelopment Agency, stated that he visited the Ostermann's Sausage facility in Denver and was amazed at its cleanliness. He verified that there were absolutely no odors or waste. He felt that the location was appropriate and that there would be no adverse traffic impacts. Mr. Brown stated that the CRA Board had voted unanimously to support the proposal. Keith Benson, owner of a business located at 30 S.E. 4th Street, pointed out that his business overlooks the vacant building. Since he sees the building everyday he cannot help but notice that vagrants live inside the abandoned bowling alley. He also pointed out that three stolen vehicles were discovered on the property and that a crack house is located on the north side of the building. Mr. Benson stated that at the Planning and Zoning Board's public hearing he had spoken in opposition; however, he has since changed his mind. He now supports the conditional use request because he would like to see the building upgraded. The following individuals spoke in opposition: Dudley Remus, 114 S.E. 2nd Street and 35 S.E. 7th Avenue, felt it was interesting that he has heard some comments made this evening which he did not hear at the Planning and Zoning Board's meeting. He noted that he, along with other business owners owners, were supportive of the newly created district (CBD District-Railroad Corridor); however, trucks cannot use Atlantic Avenue, thus they use Swinton Avenue and S.E. 2nd Street. He was concerned of the trucks delivering meat to and from the sausage company using Swinton Avenue which is a residential street. Mr. Remus referred to an article published recently in the Palm Beach Post that read: "Delray Beach residents protest adding a church in their mist but approves a Sausage Factory". Alexander Simon stated that he owns a business seven blocks and attends church located only two blocks away. Mr. Simon noted that he has 30 years in community planning and totally disagrees with the comments expressed by the Planning and Zoning Board. The thought that this use will have a stabilizing affect lO/lO/95 on a neighborhood is totally contrary, if is not impossible. The rezoning that will allow this use only under conditional request occurred only a few months ago. He noted that when the bowling alley was first constructed he had lived on S.E 1st Avenue. Mr. Simon emphasized that there are many residential homes in the area. This area is currently under redevelopment and a community association is being organized with the assistance of City staff. He wondered why the C.R.A. has spent a lot of money on Banker's Row and the block north of Atlantic Avenue but nothing has been spent south of Atlantic Avenue. Mr. Simon pointed out that the area between South Federal Highway and Swinton Avenue, south of Atlantic Avenue, would be an ideal area to build residential homes ranging in price between $100,000.00 to $150,000.00. Mr. Simon pointed out that a developer would not be interested in investing in this area due to the presence of a sausage factory and would consider such an investment as risky. He pointed out that the City has invested $21.5 million dollars in a bond referendum for beautification; also, the CRA has accomplished a great deal in regard to redevelopment. He urged the Commission to please take these factors into consideration and deny the conditional use request. There being no one else who wished to give testimony on this item, Mayor Lynch declared the public hearing closed. At this point the Commission asked questions of the applicant's representative. Upon question by Dr. Alperin, Mr. Fairman explained that the U.S.D.A. inspector is present at all U.S.D.A. plants whenever they are in operation. The inspector is there to inspect the facility before operation begins in the morning and and he is present during the running and the cleaning process. In other words, the plant does not run without the U.S.D.A. inspector's supervision or direction. In regard to the issue of cooking, Mr. Fairman explained that it is a hot water "bath" container and the sausage is brought to a certain temperature and then immersed in cold water to stop the cooking process. Afterwards it is packed into boxes and put into a blast freezer and then held in a storage freezer. Dr. Alperin asked if the conditional use could be withdrawn if the U.S.D.A. inspector or the County's Health Department discovers a health standard has been violated, and at the same time, discovers it may be a hazard to the City? The City Attorney responded that it would be the regulations of the Federal Government and the Health Department. The City does not intervene. This is a use issue versus a regulatory issue. -27- 10/10/95 In response to a question by Mrs. Smith regarding potential odors, Mr. Fairman explained that the Odor during the cooking process is similar to cooking in a kitchen and the odor is contained inside the facility. The raw product arrives without any bones, the plastic is removed and then held in a fresh meal cooler until they are picked up and recycled. The cardboard boxes, which have not touched the raw meat product, are bundled and sent out to be recycled. Mr. Fairman noted that there is no retail for the product as everything is sent out in a wholesale fashion. Also, several cruise lines use the product through local distributors. In addition, Mr. Ostermann is developing some markets in the middle of the State and would have products shipped back to various points in the United States. Mayor Lynch stated that most of the concerns expressed by people in the area appear to have been answered. The CRA, Chamber of Commerce and the Planning and Zoning Board have recommended approval. Although he would prefer that that the factory be located elsewhere in the City, there was no sufficient reason to object to the use. Mr. Elingsworth moved to approve the Conditional Use Request for the Ostermann Sausage Company subject to conditions required by the Planning and Zoning Board and upon positive Findings as outlined in the Staff Report, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. 9.C. RECONSIDERATION OF PREVIOUSLY APPROVED RESOLUTION NO. 55-95 ABANDONING A PORTION OF N.E. 1ST COURT: Reconsider Resolu- tion No. 55-95 abandoning a portion of N.E. 1st Court located adjacent to the Intracoastal Waterway. Resolution No. 55-95 was approved on August 8, 1995, subject to certain conditions. Mayor Lynch stated that at its meeting of July 17, 1995, the Planning and Zoning Board recommended denial based primarily upon a failure to find that there was not a need for the use of the right-of-way for public purposes; and, that the request would likely encourage similar requests. The City Commission considered the request at its meeting of August 5, 1995; however, later several residents expressed concern that there was no public hearing. Thus, the request for the abandonment is now before the Commission for reconsideration. Mayor Lynch opened the floor for public comment. The following individuals spoke in opposition: Kevin Widner, 815 N.E. 1st Court, pointed out that some residents of the street are opposed to the proposed abandonment. -28- 10/10/95 He pointed out that this is one of the few accesses to the Intracoastal Waterway and people come to the area to watch special events such as the boat parade and fireworks display. He reported that since this whole issue began one of the owners who had petitioned for the abandonment has taken steps to secure his property and has planted a hedge on the property line which separates him from the abandoned area. Also, since the last meeting, this property owner has installed a 6 ft. fence parallel to the hedge. Mr. Widner suggested that it only sets a precedent every time a waterfront landowner wants to increase his waterfront property. Laura Widner, 815 N.E. 1st Court, commented that her family has lived on N.E. 1st Court for four years and they have enjoyed watching people fish and bicycle to the end of the street to the Intracoastal Waterway. She pointed out that she has never heard of any complaints from other residents nor has there been any crime. Further, everyone who has purchased a home on N.E. 1st Court bought property with the knowledge that they were on a public street and a public waterway; and, the City is not obligated to provide a private enclave just for these owners. Particularly, by doing so they would be denying public access to the waterway. In regard to traffic impact, Mrs. Widner noted that there have not been any problems. If the property is privatorized, it would be hard to differentiate between those persons who live on the street or is a guest of a property owner, which means that the Police will be called to investigate. Marqaret Emes, 809 N.E. 1st Court, read into the record a letter she had prepared. The letter states that she has lived longer than any other property owner on the street, which is 20 years. She has enjoyed walking her dog down by the waterway and in all these years she has never seen an incident of rowdiness, etc. She felt that the two newest residents are becoming unduly alarmed by an isolated incident to which the Police had responded. She, along with other residents of the street, have never had a reason to become fearful. Ms. Emes felt that one isolated incident which was taken care of should cause such a drastic change. In conclusion, the majority of the property owners of N.E. 1st Court support the Planning and Zoning Board's decision of denial. Bill Emes, 809 N.E. 1st Court, urged the Commission to consider the Planning and Zoning Board's recommendation of denial. Jim Kennedy, 802 N.E. 1st Court, concurred with his neighbors comments. He noted that the street has a lot of charm and agreed with Mr. and Mrs. Emes that no one should be denied the right to access public property. Vivian Espinosa, 802 N.E. 1st Court, emphasized the beauty of the street and that it is a great place to live. She was adamantly opposed to the abandonment. -29- 10/10/95 Jackson LanHford, 812 N.E. 1st Court, pointed out that this street is very unique and the residents are strongly opposed to the abandonment. Should the street be abandoned, he suggested that there should be some assumption of responsibility relative to the maintenance of the seawall, the commitment to right-of-way access and a non-disturbance agreement. Michelle Quigley, 840 N.E. 1st Court, concurred with comments previously voiced by her neighbors. The following individuals spoke in support: Mike Tesch, 708 N.E. 1st Court, spoke in support of the abandonment. He wanted to clarify for the record that he, along with several property owners who are also adjacent to the right-of-way were not looking to deny access to anyone currently living on the street; but, wish to have the right to deny access should any problems arise. Cheryl Shaffer Tesch stated that she concurred with her husband's comments and had signed the petition to abandon the property. Roy Rising, President of the Barclay House Cooperative Apartments, stated that the 10 residents of the Barclay House support the proposed abandonment. Paul Ramsey, 717 N.E. 1st Court, stated that he and his wife support the proposed abandonment. They feel that the area will soon become a park and that would only result in more traffic; or else not be used at all which would be a waste of taxpayers' money. He noted that they have had some problems during the past year. Doug Hanley, resident of N.E. 1st Court, stated that he is one of the property owners who is petitioning the abandonment and is speaking on behalf of Mr. and Mrs. Busscher who were not able to attend tonight's meeting. In rebuttal of the comment regarding his fence, Mr. Hanley stated that he had a swimming pool constructed on his property and is required by law to provide a fence enclosure. He noted that the fence he has installed a rail fence which is more costly but does not obstruct the view. In regard to comments regarding the boat parade and fireworks display, Mr. Hanley stated he had no objections to approximately 45 persons using his back yard although they had not ask his permission. In fact, at the Commission meeting of August 8, 1995, he proposed methods whereas people on the street have access and a view. At this meeting, the City Attorney had suggested that a way to accomplish this would be through an easement on the property which would become permanent on any change of ownership. Mr. Hanley stated that he and his wife were very troubled at the distention over this issue and that they have tried to accommodate everyone on the street. They have tried -3o- 0/ 0/95 to be sensitive to their neighbors' rights and to assure there is no harm. Mr. Hanley reported that there are 24 residential homes on the street and that 19 residents support the abandonment. The individuals who spoke this evening are from 5 homes. He noted that he has never had an incident which involved the Police; however, there was an occasion of a threat when he asked some individuals to leave. Also, even with the gate, people are walking through the gate and using his property. Mr. Hanley stated that he has committed to the other residents that through legal process their current rights of access or view will be maintained through interchanges in property ownership. He is not interested in extending his property and offer to quit claim the abandoned parcel over to a N.E. 1st Court Homeowners Association. In conclusion, he urged the Commission to reconsider its action of approval on August 8, 1995 because there have been no changes in the facts or circumstances which would warrant a change. There being no one else who address the Commission on this item, Mayor Lynch closed the floor for public comment. Mayor Lynch stated that the Planning and Zoning Board's recommendation to deny the proposed abandonment was because they felt that the request would set a precedent for future requests and would be difficult to assure that access would remain to the residents. He felt that by giving an easement that would go with the land whereby the residents are protected forever. The street is really unique and with the exception of the two homes on the corner, all front the street. The City Attorney explained that this will be a private easement. The owners of the land will be granting a right to others on the block to use that land. They have to enforce that private easement. Dr. Alperin stated that he was uncomfortable with the issue. He felt the Planning and Zoning Board's decision was correct in that it will be denying public access. This is public property and he did not wish to take away people's rights. The property owners did purchase their land with the knowledge that it was a public street. Mr. Ellingsworth concurred with comments expressed by Dr. Alperin. Mr. Randolph and Mrs. Smith stated that they have some reservations regarding the issue as originally they thought that 100% of the neighborhood was supportive of the abandonment. Dr. Alperin moved to rescind Resolution 55-95, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - No; Mrs. Smith - -31- 10/10/95 Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 1 vote. 9.D. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECI- SION: Consider an appeal of a Site Plan Review and Appearance Board's Condition of Approval associated with a site plan modifi- cation for the Delray Mall, located at the northwest corner of Linton Boulevard and U.S. Highway No. 1. The City Attorney announced that this item will be conducted as a Quasi-Judicial Hearing. This hearing allows for presentations by all involved parties, the admission of documents into the record and public testimony. The Deputy City Clerk swore in those individuals wishing to give testimony on this item. Diane Dominquez, Planning Director, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. She stated that a previous renovation during the mid-1980's had been based upon the condition that a wall would be installed between the Silver Terrace Subdivision and the mall. Apparently, particular language had been omitted from the final approval and a compromise was reached later which involved a chain link fence rather than a wall. She pointed out that the fence has continuously been damaged and there have been continuous maintenance problems. The Site Plan Review and Appearance Board considered the site plan at its meeting of September 30, 1995, and felt that it would be sufficient to have the fence and landscaping upgraded which would help defer people from further damaging the fence. This was then made a conditional of approval as opposed to the wall. The appeal was filed by June Carr, on behalf of the Silver Terrace residents, requesting that the Commission require the wall as a condition of approval of the site plan. June Carr, submitted a petition from the residents of Silver Terrace and presented some photographs of the area in question. She reported that since the Delray Mall was first built in 1973 the subdivision has had increased crime and the area has been filled with debris and trash from people passing through. At that time Miami Boulevard and Collins Avenue were both dead-end streets and were illegally opened while the mall was being built. There was dirt everywhere as a result of vehicles driving down shellrock roads. It took two petitions to the County Commission to get barricades. Silver Terrace submitted a petition to both the County and the City for a wall during 1986. The sidewalks were installed; however, the wall "fell through the cracks" Bob Currie, Architect representing the petitioner, agreed with Ms. Carr regarding the protection of Silver Terrace -32- 10/10/95 and is presently working on a solution. He explained that vertical posts will be installed approximately every 50 ft. at the fence and an additional hedge will be planted for added protection. Mr. Currie noted that in essence, the hedge really belongs to the City. He pointed out that the previous developer had contributed $5,000.00 toward the fence. Robert Shaperio, Chief Operating Officer for Lef/Delray Mall, Ltd., developers of the Delray Mall, stated that the mall wants to be good neighbors and is sensitive to the residents of Silver Terrace. He agreed that Ms. Carr has an legitimate concern regarding the intrusion into her community; however, the mall is being asked to build a 150 ft. wall in order to solve a 10 ft. problem. The developers of the mall would like to enhance the existing shrubbery and will commit to do whatever is need to maintained it. The following individuals spoke in favor of the appeal: Jean Beer stated that she supports the appeal and has empathy for the residents of Silver Terrace. There has been a constant Code Enforcement problem and a constant source of friction to the residents who live in the multi-family area. She felt that a solid wall should be built and emphasized that now is the time to correct the problem. Mr. Currie explained that in order to put the wall in, the hedge will be lost. The City's code requires either a hedge or a fence or a wall. Further, there is no requirement to put anything on a public right-of-way. He referred to an agreement between the City and the previous owners of the mall where the developers contributed $5,000.00 toward the fence. The agreement specifically states that if the City accepts the check, it will terminate any future maintenance and/or responsibility for the fence. There being no one else who wished to give testimony on this item, Mayor Lynch declared the public hearing closed. At this point discussion was had by the Commission. Dr. Alperin asked if the prior agreement means that the developer is still required to build a wall? The City Attorney explained that to her knowledge, it does not run with the land, and that the prior agreement was with the previous owner of the mall. The Planning Director pointed out that the site plan has to be compatible with the surrounding neighborhood. It is the responsibility of the reviewing board to insure that there is compatibility. -33- 10/10/95 Mayor Lynch felt that the new developers have bought the Delray Mall in good faith and will be spending a lot of money for renovation. They see the problem and are willing to fix it. He felt that a suggestion to plant bougainvillae along the fence will act as "barbed wire" and would help prevent further damage to the fence. The City Manager asked the Planning Director if a provision has been made to accommodate pedestrian access to the north and south of the property? He stated that there will continue to be pedestrians who will try to access this facility. He recalled that it has been approximately one year since he had given instructions to the Streets Division to immediately repair the fence anytime the fence was cut. The City has spent approximately $10,000.00 to keep the fence from being cut and that the City really could not afford to commit to further repairs to the fence. The City Manager suggested that the pedestrian access needs to be just off Dixie Highway, just south of the barbecue business. Mr. Shaperio disagreed as he felt that the truck traffic would present a dangerous situation. He did not want to encourage pedestrian traffic behind the shopping center. It was emphasized by the City Manager that a path has already been worn and that people will seek access one way or another. He suggested that this be accommodated as best it can. Mr. Shaperio stated that the developers were very concerned about the security of the shopping center and commented that the developers had a hard time convincing their investment partners because they had a perception of Delray Beach as a high crime area. The developers intend to create a self-contained shopping center with a high degree of lighting and he felt that any encouragement to use a pedestrian access would be a mistake. Mr. Shaperio stated that the developers would be willing to offer a $5,000.00 insurance bond, issued by their insurance company, for a certain period of time. Dr. Alperin moved to approve the appeal of the Site Plan and Appearance Board's decision with the changes which they had proposed, including the recommended ficus hedge; that the bougainvilla be extended the entire 600 ft. length; that the developers post a $5,000.00 maintenance bond for a period of three (3) years, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - No; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - No. Said motion passed with a 3 to 2 vote. 9.E. APPOINTMENTS TO POMPEY PARK ADVISORY COMMITTEE: Ap- point two members (13 to 19 years of age category) to the Pompey Park Advisory Committee; one to a two year term ending September 13, 1997, and one to fill an unexpired term ending September 13, -34- 10/10/95 1996. The appointments will be made by Mayor Lynch and Commis- sioner Smith. Mayor Lynch stated that he wished to appoint Albert Mickens and asked for a motion on his behalf since it was his turn according to the rotation schedule. Mr. Ellingsworth moved to appoint Albert Mickens to the Pompey Park Advisory Committee to a term ending September 13, 1997, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith Yes; Dr. Alperin Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch Yes. Said motion passed with a 5 to 0 vote. Mrs. Smith recommended the appointment of Amy Azam to the Pompey Park Advisory Committee to a term ending September 13, 1996, 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. 9.F. SPECIAL EVENT REQUEST/BLUES FEST: Consider special event approval for Blues Fest, a fund raising event for the Community Child Care Center initiated by the Joint Venture and sponsored by the Back Room Blues Bar, planned for October 22, 1995, from 3:00 p.m. until 10:00 p.m. Assistant City Manager Bob Barcinski stated that the event is to raise monies for the Community Child Care Center initiated by the Joint Venture and sponsored by the Backroom Blues Bar. The stage will be set-up on the street and they are requesting street closure from Swinton Avenue at N.E. 1st Avenue; Police security; installation of the stage; trash collection; a waiver of the Noise Ordinance; staff assistance from the City for the setting up the tables and chairs; and, waiver of overtime charges. Mr. Barcinski stated that staff recommends a 50/50 split of overtime costs. During a previous special event (Summer Nights Event) a complaint was received from Ms. Virginia Snyder regarding the volume of noise. City staff has contacted Ms. Snyder and she has indicated that she does not have a problem with this proposal as long as the band played in the street. Mr. Randolph moved to approve the Special Event Request for the Blues Fest. At this point the Commission wished to discuss the issue further and Mr. Randolph withdrew his motion. Dr. Alperin moved approval of the Special Event Request for the Blues Fest with a 50/50 split for overtime charges, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. -35- 10/10/95 13. Comments and Inquiries on Non-Aqenda Items. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager's response to prior public comments and inquiries. The City Manager responded to Mr. Ellingsworth's inquiry at the September 19, 1995, meeting regarding the bus service lease for the After School Program, the summer day camp and the Delray Rock's Football program. Mr. Ellingsworth had suggested the possibility of the City purchasing a bus (opposed to leasing, which costs the City $40,000.00 a year for the leasing bus service). The City Manager explained that the lease provides two buses for the After School Program from September through June to transport children to various off-site facilities for recreational activities (i.e. municipal golf course, tennis center, swimming pool, etc.) as well as busing some children home at the end of the day. The Middle School grant and the Children's Services Council's grant pay for these part-time drivers. A third bus is used to transport the Delray Rock's football players and on Fridays and Saturdays to game sites in Broward, Dade and Palm Beach Counties during the months of September thru November. These buses are driven by volunteer couches in the Rock's program. Depending on the enrollment in the summer program during the months of June thru August, 5 or 6 buses are needed five days a week for a eight week period. According to the School Transportation Supervisor for the Palm Beach School District, the purchase of a new bus which holds 65 passengers, costs between $47,000.00 to $55,000.00. In conclusion, the City Manager stated that the City needs two buses for 52 weeks during the year and as many as six buses during the summer months. He felt that the present leasing arrangement is the most beneficial; thus, it would not be feasible for the City to consider purchasing buses. At this point the City Manager read into the record a letter which has been received from the Blood family and their attorney, Carol Stanley regarding the Cotleur Hearing. The letter complimented City staff for their assistance of the Blood's Hammock Grove Lane Use Zoning and Annexation. The following individuals were recognized in particular: Diane Dominguez, Paul Dorling and John Walker of the Planning Department and Dan Beatty of the Engineering Department. 13.B. The City Attorney reported that the contract for the Children's Services Council has been returned to the City. When this item had been discussed at the Commission Regular Meeting of September 19, 1995, the Commission had decided to proceed with the contract with the stipulation that it was signed under protest. She stated that the contract needs to be resigned without referencing the words "under protest" -36- 10/10/95 Assistant City Attorney Brian Shutt, stated that the attorney representing the Children's Services Council does not approve of the concept. Mr. Shutt further stated that he was not aware if the Children's Services Council had been shown the contract or whether they had concurred with their attorney's opinion. Dr. Alperin felt that the attorney representing the Children's Services Council has an obligation to present the contract to the CSC. He noted that the attorney certainly has the right to provide his opinion; however, he does not have the right to deny the board of the City's opinion. Mayor Lynch asked for the Commission's approval to resign the contract. After lengthy discussion, it was the consensus of the Commission to direct the Mayor to resign the document with the assurance that the document was shown to the Children's Services Council; and, that the City requests the CSC to respond in writing that they are rejecting the previously signed contract on that basis. 13.C.1. Mr. Ellinqsworth asked the City Manager for a status report on the widening and reconstruction of S.E. 4th Avenue. The City Manager stated that work would not begin until the Spring of 1996. The City is waiting for a response from the Parking Management Team; however, the City Engineer will assure that the plans are revised and go to rebid so that construction can commence. 13.C.2. Mr. Randolph referred to a comment which was made earlier this evening during a discussion of the Delray Mall by a gentlemen who had a perception that Delray Beach has a high crime rate. Mr. Randolph stated that he was tired of hearing derogatory comments from the public regarding high crime in Delray Beach. He suggested that the next time someone comes forth with such a statement the Commission should ask the origin of their statement. 13.C.3. Mrs. Smith commented about a letter which she received from Tom Haenlon regarding a crossword puzzle published in the Sunshine Maqazine by the SUN SENTINEL. He noted that one of the answers to the puzzle was "Delray Beach". 13.C.4. Dr. Alperin expressed concern of the condition of the landscaping of the Griffin property located on South Swinton Avenue. Since these duplexes are located in a highly visual area, they should be properly maintained. Dr. Alperin asked that whomever is responsible for the maintenance agreement (whether it is the CRA, City, etc.) should be monitoring the maintenance more carefully. Secondly, at the September 19, 1995, the Commission approved an amendment to the Police and Firefighter Pension Plan. -37- 10/10/95 This change allowed benefits to continue to spouses who remarry. Dr. Alperin asked if Kathy Daley, the City's Lobbyist, has had a chance to find out why the Legislature wanted benefits to continue? It was noted by Mr. Barcinski that there has been no response from Ms. Daley in this regard. Thirdly, Dr. Alperin again voiced his displeasure with the School Board not responding to the City's request for clarification as to a definite time frame for a completion date of the recreational facility (Seacrest Project on Swinton Boulevard). He emphasized that City staff, particularly Assistant City Manager Bob Barcinski, has extended an enormous amount of time in negotiations with the School Board. Dr. Alperin suggested that City staff should not have to put forth any more effort into writing proposals as he felt the School Board should do its own work. Dr. Alperin emphasized that the City and Palm Beach County should go forward with the plans and stop waiting for the the School Board to announce their proposal. Mayor Lynch concurred with comments made by Dr. Alperin. He emphasized that it will be Atlantic High School who will get hurt over this. Mayor Lynch felt that the completion time frame of seven years to complete the facility was ridiculous. It was pointed out by Mayor Lynch that the School Board's proposal for Phase I will be started in two years, followed by Phase II. The projected completion date is seven years. It was a majority consensus of the Commission to consider that a total of five years was a reasonable completion time frame; and, seven years was not reasonable. 13.C.5. Mayor L]~nch stated that the Tourist Development Council Board will be voting on the South County Convention Center on Thursday, October 12, 1995. Boca Raton has committed to put its money up front and Delray Beach is requested to do the same. Instead of the City committing to $50,000.00 annually for 20 years, Mayor Lynch suggested that the City up front $1 million dollars. By making such a commitment along with the City of Boca Raton, this will help assure that the Convention Center will be located in South County. Mr. Ellingsworth stated that he could not support Mayor Lynch's suggestion. He did not feel that paying $1 million up front or committing $50,000.00 annually for 20 years would be a deciding factor. -38- 10/10/95 It was pointed out by the City Manager that the Community Redevelopment Agency is looking at several major projects and will be requesting the City's support. He was hesitant that the City would be able to do these commitments concurrently. Mayor Lynch stated that it would be a struggle to find the $1 million dollars and suggested a short term loan and/or to work it out through operating capital, etc. He felt that the City needs to make its commitment or else the land would be used for another purpose which might adversely affect the City. It was a majority consensus (4 to 1 vote with Mr. Ellingsworth dissenting) to support Mayor Lynch's proposal to up front the funding of $1 million for the South County Convention Center. Mayor Lynch stated that he met with representatives of Palm Beach Community College this morning and that they may be moving out of their facility at Florida Atlantic University in Boca Raton. FAU has asked if Delray Beach would be interested in donating land. Mayor Lynch stated that he had informed them that the City does not have 100 acres available; however, we would be willing to assist them to try to remain in South County. It was noted by Mayor Lynch that he has continued to receive inquiries regarding the closure of streets in Tropic Isle. The City Manager explained that the street was closed at the wrong point. Although there was a conflict where the closure should be located, the direction was to close the street east of the alley; however, it was inadvertently closed west of the alley. The City Manager thought this situation has since been corrected; however, he would check into the matter. In conclusion, Mayor Lynch noted that an owner of a scrap metal business had informed him that the City is not getting its fair share from the scrap recycling business. Mayor Lynch stated that he would forward the individual's name to the City Manager so that staff could contact him. There being no further business, Mayor Lynch declared the meeting adjourned at 11:35 P.M. City Clerk- /- ATTEST: -39- 10/10/95 The undersigned is the City Clerk of the City of Delray Beach, Florida, and that the information provided herein is the minutes of the meeting of said City Commission of October 10, 1995, which minutes were formally approved and adopted by the City Commission on .... City Cler~ ~ NOTE TO READER: If the minutes that you have received are not completed as indi- cated above, then this means that these are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions to the minutes as set forth above. -40- 10/10/95