Loading...
05-03-94 MAY 3. 1994 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, May 3, 1994. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Barbara Smith Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Nancy Norman, Associate Pastor of Unity of Delray Beach. $, The Pledge of Allegiance to the flag of the United States of America was given. 4, Agenda ADproval. Mayor Lynch noted the addition of Addenda Items No. 9.0., Ratification of Collective Bargaining Agreement with Police Benevolent Association, and 9.P., Grant an Emergency Release Waiver/Eastern Surfing Association. The City Manager stated Chief Koen will not be present tonight and requested the desire of the Commission. The Commis- sion concurred to postpone Item No. 7.A., Resolution No. 37-94, until such time when Chief Koen can be present. Mr. Ellingsworth moved approval of the Agenda, as amended, 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. Approval of Minutes: Mr. Ellingsworth moved approval of the minutes of the Regular Meeting of April 12, 1994, 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. Mayor Lynch read and presented a proclamation proclaim- lng the -week, of May 8 through 14, 1994, as "National Preservation Week" Dan Carter and Mary Wendell came forward to accept the proclamations and thanked everyone for the support. 6.B, Mayor Lynch presented a proclamation proclaiming the month of May, 1994, as "U.S. Naval Sea Cadet Corps Month". 7, Presentations~ 7,A, Resolution No. 37-94: POSTPONED 7,B. Mary O'Connor, Executive Director of South County Boys and Girls Club, thanked the Commission for their support during the past year. The local Boys and Girls Club opened last Septem- ber and the original plan was to move into the Catherine Strong Center; however, that was put off for a year. The City and the School Board did open doors for them and they were allowed the use of Carver Middle School. She gave a brief explanation of the programs provided for the participants. Dwayne Hetherington, Director of the local club, on behalf of the staff and the boys and girls from the club, thanked the Commission for their support; he also thanked Joe Weldon, Director of Parks and Recreation, and his staff for their partic- ipation. Mr. Hetherington presented a tape showing what the boys and girls do in the computer lab, which is the strongest program they have to date. Mr. Hetherington stated all the Boys and Girls Clubs in Palm Beach County received season tickets to the Marlin's games, courtesy of the Shell Oil Company. The club plans to work in conjunction with MAD DADS and Carver Estates to better utilize these tickets. He concluded by expressing his thanks for the support of the Commission and the City of Delray. 7,G, Floyd Cherry, Waste Management, stated that for the last several years Waste Management has been pleased to recognize Earth Day in the City of Delray Beach by donating money or prac- tical items to the Parks and Recreation Department. This year they are donating twenty-five (25) plastic car bumpers. He explained the pertinent facts about the bumpers: they include a fifty (50) year warranty, they are lightweight, colorfast and most important of all they are made from recycled plastic. The following items were considered by the Commission as the Consent Agenda: Consent Aqenda: CitY Manager recommends approval. 8,A, DELRAY BEACH SOAP BOX DERBY: Approve a request from the South Florida Soap Box Derby to close Linton Boulevard be- tween U.S. Highway #1 and A-1-A on Saturday, May 21, 1994, for the "All American" Soap Box Derby Rally and Saturday, June 25, 2 5/3/94 1994 (or rain date of June 26th) for the Delray Beach Soap Box iDerby, from!~aPproximately 5:00 a.m. until the conclusion of the races, together with related requests for use of City property and overtime for Parks personnel. 8.B. GRANTING OF EASEMENT TO FLORIDA POWER & LIGHT: Grant an easement along N.W. 1st Avenue to Florida Power & Light to accommodate the relocation of the utility pole located on N.W. 1st Avenue adjacent to the tennis center. 8.C. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/FUNDING FOR CONSTRUCTION OF S.W. 10TH STREET AND S.W. 10TH AVENUE: Approve an Interlocal Agreement with Palm Beach County concerning the County's participation in the construction of S.W. 10th Street and S.W. 10th Avenue through funding in the amount of $278,000 (refund of Builder's Square traffic impact fees). 8.D. R~MOVED 8.E. TEMPORARY USE PERMITJCYSTIC FIBROSIS FUND RAISER: Approve a temporary use permit for the Cystic Fibrosis Foundation to hold a charity softball game at Miller Park on Sunday, May 15, 1994, from 6:30 p.m. to 8:30 p.m. ~,F. AUTHORIZATION TQ SUBMIT CERTIFICATION QF ELIGIBILITY FQR GRANT FUNDING/CHILDREN'S SERVIGES COUNCIL: Authorize staff to submit a certification of eligibility for grant funding in the amount of $165,420.00 to the Children's Services Council for the City's After School Program. 8.G. REJECTION OF GRANT AWARD: Reject grant award from the National Recreation Trails Funding Program in the amount of $2,607.80 for the Leon Weekes Preserve trail project. 8,~, FINAL PAYMENT UNDER SERVICE AUTHORIZATION NO. 5/ECKLER ENGINEERING: Approve final payment in the amount of $868.28 to Eckler Engineering for consulting services in conjunction with the preparation of a Preliminary Study and Report for the Reha- bilitation of Lift Stations 3, 9, 10, 15, 50, 83 and 105 as authorized under Service Authorization No. 5; with funding from Renewal & Replacement/Lift Station Conversion to Submersible (Ac- count No. 442-5178-536-61.83). 8,I, FINAL PAYMENT UNDER SERVICE AUTHORIZATION NO, 4/GEE & JENSON: Approve final payment in the amount of $719.18 to Gee & Jenson for preliminary work on the Pompey Park Pool and Bath House Project as authorized under Service Authorization No. 4; with funding from General Construction Fund - Pompey Park Pool (Account No. 334-4170-572-63.45). 8.J, FINAL PAYMENT UNDER SERVICE AUTHORIZATION NO. 5/GEE & JENSON: Approve final payment in the amount of $814.93 to Gee & Jenson for preliminary work on the East Atlantic Avenue Beautifi- cation Project as authorized under Service Authorization No. 5; -3- 5/3/94 with funding from Decade of Excellence Phase II - Beautification/ 'Atlantic Avenue to Ocean (Account No. 228-4141-572-61.73). DEDUCT CHANGE ORDER ~! AND FINAL PA~MENT~B.K. MARINE CONSTRUCTION. INC.: Approve Deduct Change Order #! in the amount of $1,309.69 and final payment to the contract with B.K. Marine Construction, Inc. for work at the Lake Shore Drive Bulkhead Project. Final payment, including Change Order #1, is in the amount of $10,292.31; with funding from Stormwater - Lake Shore Retainage Wall (Account No. 448-5461-538-62.25). 8.L. AWARD OF BIDS AND CONTRACTS: 1. Bid Award - Landscape Maintenance for George Bush Boulevard and West Atlantic Avenue - to iow re- sponsive bidder Luis Cintron's Lawn Service Inc., at estimated annual cost of $24,444.00; with funding from Beautification Trust Fund - Repair and Maintenance (Account No. 119-4144-572-46.40). 2. Bid Award - Annual Contract for Printing Services (letterhead stationary, envelopes, business cards for inventory) - to Business Printing Services, at an estimated annual cost of $20,136.00; with funding from various departmental office supply accounts. 3. Bid Award - Alleyway Reconstruction Project - Central Business District Alley Reconstruction Project - Chaz Equipment in the amount of $709,235.75; together with deduct Change Order No. i in the amount of $110,720.50, which reflects the deletion of a portion of the sewer reconstruction scope that is included in the original bid/contract; revised total contract amount $598,515.25; with funding from Water/Sewer Renewal and Replacement (Account No. 442-5178-536-61.47) and Decade of Excellence (Account No. 228-3462-541-61.47). 4. Bid Award - July 4th Fireworks - to Grucci Fire- works in the amount of $24,000.00; with funding of City's share ($8,000.00) from Special Events - Fireworks (Account No. 115-0000-234-83.00). The News of Delray will fund the remaining 816,000.00. 5. Contract Amendment to Janitorial Services Contract with Coastal Building Maintenance Corp. (Bid #92-75) to include the Police Department facility at a cost of 82,400.00 per month, or a total of $16,800.00 for the term of the contract (November 30, 1994). Funding will come from salary sav- ings/Custodian III position and will be available -4- 5/3/94 from Janitorial Service (Account No. 001-2111- 521-34.10) pending budget transfer from Salaries. 6. Purchase Award - Engine Analyzer with Portable Scanner for Fleet Maintenance Facility from Snap- On Tools Corporation (sole source) at a total cost of $19,392.00; with funding from Garage - Other Machinery/Equipment (Account No. 501- 3311-591-64.90). 7. Purchase Award - Vehicle Alignment Equipment for the Fleet Maintenance Facility from Coastal Auto- motive Equipment (sole source) at a cost of $17,286.00; with funding from Garage - Other Machinery/Equipment (Account No. 501- 3311-591-64.90). Dr. Alperin moved approval of the Consent Agenda, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Regular Agenda: 9,A, REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS BOARDS: Consider accepting the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period April 18, 1994 to April 29, 1994. Dr. Alperin moved to receive and file the report, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.B. STANDARD DEPARTMENT HEAD AGREEMENT: Consider the proposed form for a standard Department Head Agreement outlining terms and conditions of employment with the City of Delray Beach. Mr. Randolph moved approval, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.C. REOUEST FOR FUNDING]"DIRECTIONS '94": Consider a request from the Palm Beach County Municipal League to make a financial contribution in the amount of $200.00 in support of "Directions '94" strategic planning forum. Funding is available from Other Grants & Aid (Account No. 001-6311-572-83.01), subject to approval of related budget transfer. -5- 5/3/94 Mr. Ellingsworth moved approval of the request, second- ed by Mr. ~ Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith -.Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.D. GOLF COURSE CLUBHOUSE COST ESTIMATES: Consider revised cost estimates and revised plans for the Golf Course Clubhouse project. William Greenwood, Director of Environmental Services, stated Digby Bridges, Marsh and Associates have been working closely with the City Manager, Department Heads and the Depart- ment of Environmental Services to redefine the scope of the project in accordance with the proposed budget of $2.2 million. It was necessary to downsize the clubhouse in order to meet that figure. Mark Marsh, Architect, Digby Bridges, Marsh and Associ- ates, stated that nearly eight (8) weeks ago their firm appeared before the Commission and presented a conceptual scheme for the new golf course clubhouse. Since that time, the Commission requested that this scheme be reviewed in order to assure them that the structure could be built within the proposed estimate of $2.2 million. Just over a week ago the results were submitted by the Cost Engineer, which showed that the existing scheme reflect- ed a cost of nearly $2.5 million. A meeting was scheduled with the City Manager and staff to discuss the options. The direction was to modify that figure and return with a building plan which followed the original program requirements but also responded to the budget. Mr. Marsh stated an alternate plan has been created, the basic change being a reduction in square footage of about 1800 square feet. The largest single change is the relocation of the main dining and grill room. A neutral space was also elimi- nated between the grill and the main dining room which was to be used in the event of an overflow crowd. A movable wall has been created to provide flexibility for that area. The pro shop area was slightly reduced, as well as the lounge and the 19th Hole bar area. These modifications have brought the project into approxi- mately $2.192 million in terms of the budget, all inclusive of construction costs, site improvements, furnishings, equipment and professional fees. The City Manager commented that some of the advantages to the revised plan is the multi-purpose room near the front door which is directly accessible to the kitchen, the site lines are better and the grill and main dining area will be much easier to expand than in the original proposal. Mayor Lynch, in recalling the meeting of November 2, 1993, commented that the consensus of the Commission was that a facility with a seating capacity of 250 to 300 persons was fa- -6- 5/3/94 vored at a cost of $2 million. He questioned why the Commission should be responsible for changes since that was.not what was specifically requested at that time. Mr. Marsh responded by stating there was some debate regarding more space to accommodate potentially larger settings. There were also improvements in the parking area that were not originally anticipated; for example, to preserve a fair portion of the north area, it will be necessary to resurface the entire area and address the drainage, which has increased the cost. Mayor Lynch questioned the decision by all five firms that were interviewed when all stated the facility could be built for $2 million and would be completed by the end of the year. Now, the cost is at $2.5 million and four (4) extra months have been added to the completion date. Mr. Marsh responded that the $2 million figure is still realistic; however, they are trying to respond to the program that is being requested by the Commission and staff. The City Manager advised that, at the meeting referred to in November of 1993, the cost included using the existing cart building and golf bag room. Upon question by Mayor Lynch regarding the completion date of the project, Mr. Marsh stated under the current scenario which consists of a three (3) week delay, the date will be close to June of 1995. Mayor Lynch asked Braham Dubin, Director of the golf course, if it would be advantageous to start construction next April. Mr. Dubin responded that he would just like to get it right and feels the completion date is insignificant with respect to the life of the project. The City Manager reminded the Commission that escala- tion in construction costs could have a major effect on the total cost of the project if construction is delayed. Mr. Randolph moved approval of the revised clubhouse plan with authorization to complete construction documents and to go to bid at a maximum of 82.192 million. Mr. Ellingsworth questioned if Mr. Randolph would be willing to amend his motion to include direction to the City Manager to continue to try and reduce the cost. Mr. Randolph agreed, inasmuch as that reduction did not include any further downsizing of the facility. Mr. Randolph amended his motion to include the request, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - No. Said motion passed with a 4 to 1 vote. -7- 5/3/94 At this point, the time being 7:25, the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. Public Hearings: 10.A. FLUM AMENDMENT/BLOOD'S HAMMOCK GROVES: Consider a Future Land Use map from County MR-5 to the following City designations: Open Space, Low Density Residential, Medium Density Residential and Commercial Core, for Blood's Hammock Groves, located east of Military Trail on the south side of Linton Boulevard. Diane Dominguez, Director of Planning, stated the applicants have requested a continuance of this item. Lee Einsweiler, Planner for Siemon, Larsen & Marsh, representing both Levitt Homes, Inc. and the Bloods, stated they would like to tailor the Comprehensive Plan Amendment more close- ly to the concept plan and the desires of the owners. They have also been working with the County to establish the cost and timing of the necessary transportation improvements and to refine the planning at the site plan level. He would like the opportu- nity to present a concept plan for the commercial site, the multi-family site and the private residential community to the Commission at the next regular meeting. Dr. Alperin commented that, in his view, he feels the recommendations for reduction in intensity and density usage is far from adequate. He further stated that any type of industrial use at that location is not a tolerable concept, in his opinion. The City is making a major investment by purchasing property from the Bloods for that park. The School Board has supported the City by purchasing property for the school and he does not want to see it misused. Mrs. Smith stated that she hopes consideration is also given with regard to making these homes attractive to young families. Mr. Randolph asked if the continuance will create additional problems for the City's legal staff or will the two week delay be sufficient. The City Attorney stated she could not give an answer at this time but the item needs to be postponed to a date certain. Ms. Dominguez advised this item will be going from here to the Department of Community Affairs, so it will not be back until this fall for adoption. She further stated that the con- tinuance will require postponing the following item also. Dr. Alperin moved to continue this FLUM Amendment to May 17, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. -8- 5/3/94 At this point, the time being 7:25, the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. Public ~earings: 10.A. FLUM AMENDMENT/BLOOD'S FJ%MMOCK GROVES: Consider a Future Land Use map from County MR-5 to the following City designations: Open Space, Low Density Residential, Medium Density Residential and Commercial Core, for Blood's Hammock Groves, located east of Military Trail on the south side of Linton Boulevard. Diane Dominguez, Director of Planning, stated the applicants have requested a continuance of this item. Lee Einsweiler, Planner for Siemon, Larsen & Marsh, representing both Levitt Homes, Inc. and the Bloods, stated they would like to tailor the Comprehensive Plan Amendment more close- ly to the concept plan and the desires of the owners. They have also been working with the County to establish the cost and timing of the necessary transportation improvements and to refine the planning at the site plan level. He would like the opportu- nity to present a concept plan for the commercial site, the multi-family site and the private residential community to the Commission at the next regular meeting. Dr. Alperin commented that, in his view, he feels the recommendations for reduction in intensity and density usage is far from adequate. He further stated that any type of industrial use at that location is not a tolerable concept, in his opinion. The City is making a major investment by purchasing property from the Bloods for that park. The School Board has supported the City by purchasing property for the school and he does not want to see it misused. Mrs. Smith stated that she hopes consideration is also given with regard to making these homes attractive to young families. Mr. Randolph asked if the continuance will create additional problems for the City's legal staff or will the two week delay be sufficient. The City Attorney stated she could not give an answer at this time but the item needs to be postponed to a date certain. Ms. Dominguez advised this item will be going from here to the Department of Community Affairs, so it will not be back until this fall for adoption. She further stated that the con- tinuance will require postponing the following item also. Dr. Alperin moved to continue Ordinance No. 26-94 to May 17, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. -8- 5/3/94 Randolph -,Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with-a 5 to 0 vote. . .~ 10 B, TRANSMITTAL HEARING/COMPREHENSIVE PLAN AMENDMENT 94-1~ Authorize transmittal of Comprehensive Plan Amendment 94-1 to the Department of Community Affairs for State review. Dr. Alperin moved to continue authorization of the transmittal of Comp Plan Amendment 94-1 to May 17, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as fol- lows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 10,C, ORDINANCE NO, 20-~4~ An ordinance which provides for establishment of the Kids and Cops Committee as an Advisory body to the City Commission. The ordinance would exempt Kids and Cops Committee members from the current term limits of two, two-year terms. 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. 20-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING RESOLUTIONS 18-91, 30-93, AND 96-93 AND ENACTING THIS ORDINANCE WHICH PROVIDES FOR THE ESTABLISHMENT OF THE KIDS AND COPS COM- MITTEE AS AN ADVISORY BODY TO THE CITY COM- MISSION; PROVIDING FOR THE COMMITTEE'S COMPO- SITION, TERMS, AND EXTENSIONS THEREOF, THE FILLING OF VACANCIES, RATIFICATION OF SELEC- TIONS BY THE CITY COMMISSION, DIRECT REAP- POINTMENTS, AND MEETING CRITERIA; PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF THE COMMITTEE; PROVIDING FOR STAFFING FOR PROGRAM ACTIVITIES; PROVIDING FOR THE RECRUITMENT OF PARTICIPANTS; PROVIDING FOR THE AUTHORITY OF SAID COMMITTEE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE AND AN EFFECTIVE DATE. (Copy of Ordinance No. 20-94 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Ellingsworth asked if it would be possible to select some new members to serve on this committee to replace those members who fail to attend. Dr. Alperin commented that -9- 5/3/94 most of the members are nominated from non-commissioned sources. He is. recommending ~that~the attendance records be sent to the representative of each school or organization to make them aware' of the fact that they are not being represented at these meet- ings. Upon question, Dr. Alperin responded that Ross Licata is the person who keeps the administrative record of attendance. Mr. Ellingsworth moved for the adoption of Ordinance No. 20-94 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. Before roll call Mrs. Smith questioned if the Commis- sion is allowed to make recommendations for persons to be ap- pointed to this committee. The City Attorney advised that the ordinance does not specify that, but she felt it could be done. 10.D. QRDINANCE NO. 22-94: An ordinance repealing Chapter 53, "Industrial and Commercial Waste", and Chapter 54, "Sewers", of the Code of Ordinances, and enacting a new Chapter 53, "Resi- dential, Industrial and Commercial Waste", to bring the City into compliance with Environmental Protection Agency regulations. 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. 22-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 53, "INDUSTRIAL AND COMMERCIAL WASTE", REPEALING CHAPTER 54, "SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AND ENACTING A NEW CHAPTER 53, "RESI- DENTIAL, INDUSTRIAL AND COMMERCIAL WASTE", TO PROVIDE FOR: PURPOSE; SCOPE; GENERAL PROVI- SIONS; DEFINITIONS; COMPLIANCE; DISPOSAL OTHER THAN THROUGH REGIONAL FACILITIES; PERMIT REQUIRED FOR BUILDING SEWERS AND CONNECTIONS; ESTABLISHING CRITERIA FOR WASTES DISCHARGED TO PUBLIC SEWERS; ESTABLISHING CRITERIA FOR THE ADMISSION OF INDUSTRIAL AND COMMERCIAL WASTE; REQUIRING PERMITS AND SETTING TERMS FOR INDUSTRIAL AND COMMERCIAL WASTE DISCHARGE; DISCHARGE PERMIT APPLICA- TIONS; RIGHT TO REFUSE SERVICE; COMPLIANCE WITH NATIONAL CATEGORICAL PRETREATMENT STAN- DARDS; PROTECTION FROM DAMAGE; POWER AND AUTHORITY OF INSPECTORS; APPLICABILITY TO ALL USERS, INCLUDING OTHER LOCAL GOVERNMENTS; ENFORCEMENT; REPORTING, INSPECTION, AND -10- 5/3/94 MONITORING REQUIREMENTS; PRETREATMENT RE- QUIREMENTS; INFORMATION AVAILABILITY;~ ADOP- TION OF SIMILAR STANDARDS REQUIRED OF OTHER~ LOCAL GOVERNMENT USERS; REQUIRING USE OF PUBLIC SEWERS; REGULATING PRIVATE SEWAGE DISPOSAL; REGULATING BUILDING AND SEWER CONNECTIONS; PROVIDING FOR USER CHARGE, CONNECTION CHARGE AND INDUSTRIAL COST RECOV- ERY SYSTEM; PROVIDING FOR APPLICATION OF THIS CHAPTER; PROVIDING A GENERAL REPEALER, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 22-94 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 22-94 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10,E, ORDINANCE NO. 23-94: An ordinance amending the LDRs by creating a "Special Use" process to provide for the replacement of nonconforming uses with less intense uses. Prior to consider- ation 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. 23-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.5, "PROCEDURES FOR OBTAINING DEVELOPMENT APPROVALS", OF THE LAND DEVELOP- MENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACT- ING A NEW SUBSECTION (M), "ESTABLISHMENT OF A SPECIAL USE"; AMENDING SECTION 2.4.2(B)(1)(e) TO PROVIDE NOTICE REQUIREMENTS FOR SPECIAL USES; AMENDING SECTION 2.4.3(K)(1)(i) TO PROVIDE FEES FOR SPECIAL USE APPLICATIONS; AMENDING ARTICLE 1.3, "NONCONFORMING USES, LOTS, AND STRUCTURES", SECTION 1.3.1, "PUR- POSE, TO PROVIDE FOR EXCEPTIONS ESTABLISHED BY THE ENACTMENT OF SECTION 2.4.5(M); PROVID- ING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 23-94 is on file in the official Ordinance Book) -11- 5/3/94 The City Attorney read the caption of the ordinance. A ~public hearing was held having been legally~.~advertised in compli~. ance~with the laws of the State of Florida and the Charter of.the City of Delray Beach, Florida. Hglen Coopersmith, resident, stated she calls this the SUP (Special Use Process) Clause. She feels that the Planning and Zoning Board are lay people, appointed by members of the Commission and, since they are an advisory committee, (there is already an advisory committee in the Board of Adjustment), she does not feel two boards are needed. She feels that giving the Planning and Zoning Board the power to say yea or nay without coming before the City Commission is not democratic. The City Attorney advised that the ordinance is drafted in this fashion because this is a technical area wherein it deals with non-conforming uses. By City ordinance, these uses lapse after a period of 180 days if a new non-conforming use is not established. This ordinance permits decisions to be made, at a lower level, that another non-conforming use that is not exactly the same as the one before, but is actually less intense, could go there. Previously, it would need to be exactly the same type of non-conforming use and something less intense would not be allowed. Assistant City Attorney Tolces stated the ordinance provides that there must be a super majority on the Planning and Zoning Board. One of the reasons it was proposed to go through the P&Z Board and then directly to Circuit Court was to avoid duplicate hearings. Mayor Lynch asked, since the Commissioners are the elected officials, if the responsibility of the Commission is being admonished by placing it before an advisory board. Assistant City Attorney Tolces advised that it is the decision of the Commission; that decision-making authority can be delegated to an advisory board. If the Commission does not agree with the decision, they can direct the P&Z Board to make a recommendation to the City Commission and a public hearing will be held. (This would be a quasi-judicial hearing). The public hearing was closed. Mr. Ellingsworth moved for the adoption of Ordinance No. 23-94 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - No; Dr. Alperin - No; Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor Lynch - No. Said motion FAILED with a 4 to 1 vote. Before roll call the following discussion was had: Dr. Alperin again voiced his objection to this ordi- nance. He feels that once a precedent has been established for one applicant, it will be difficult to refuse a request in the -12- 5/3/94 future if the Commission feels it is not a desirable one. Be- cause of the quasi-judicial nature, it will not be the choice of ~ the CommisSiOn to' determine whether or not~ 'the.'Pro~ect ~meets their approval. The applicant will announce that the precedent has been set and it should also apply to him. Upon question by Mayor Lynch to confirm Dr. Alperin's concern, the City Attorney stated the problem exists that someone must establish whether or not a use is less intense. Discussion followed, with Ms. Dominquez stating that there are four (4) specific findings that must be made that relate to the uses appropriate for the subject site based upon a particular loca- tion, design and/or orientation of the building that is to be occupied. It must be less intense than the most recent use that occupied the premises, which includes noise, odor, hours of operation, parking requirements and drainage factors.' She 'con- tinued by stating the same conditions must be met as those of a conditional use. Mayor Lynch questioned if the Commission can end a Special Use, should it be decided that they do not want the use continued, even though all criteria are met. The City Attorney advised that cannot be done. If the overall purpose is to elimi- nate non-conforming uses, then the permitted uses that are cur- rently permitted in the zoning category should be used. At this point the roll was called to the motion. 10,F, QRDINANCE NO. 25-94: An ordinance amending Section 36.06, "Competency in Bidding", to provide for the prequalifica- tion of bidders for construction projects. Prior to considera- tion 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. 25-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSAC- TIONS'', SECTION 36.06, "COMPETENCY IN BID- DING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING THE HEADING OF 36.06 AND BY ENACTING 36.06(B) TO PROVIDE FOR THE PREQUALIFICATION OF BIDDERS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 25-94 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. -13- 5/3/94 J~rry Marshall, resident, stated it appears to ~him that ~-an'attempt~is being made to eliminate bidders who cannot qualify, based on the City's qualifications. If a plan is submitted, with all particulars included, he would assume that anyone would be allowed to bid on these projects. He feels if this ordinance is adopted, a lot of young budding contractors will be eliminated because they are unable to meet bonding requirements, etc. The City Attorney stated the City has a standard con- tract that contains standard bonding requirements and the type of bonds that the City requires. This ordinance will not alter those kinds of bond requirements or insurance requirements con- tained in the standard contract. The public hearing was closed. Mrs. Smith moved for the adoption of Ordinance No. 25-94 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. QQmm~nts and Inquiries on Non-Agenda Items from the Public - Immediately following Public Hearings. ll.A. City Manager's response to prior public comments and ll.A.1. The City Manager responded to a question about the possibility of limiting the time allowed for construction projects by stating that, after speaking with a number of cities that have requirements of this type, they have found them to be unenforceable. Some of them have been tied up in the Courts for years trying to compel the demolition of partially completed structures. Staff feels the present codes are adequate and cannot be more restrictive. The City Manager advised that the issue regarding additional regulations for homes built in established residential areas that may be quite different in character or size will be forwarded to the P&Z Commission for consideration at their May 16th meeting. He feels they will probably establish a committee to look at this issue to be done jointly with the Building De- partment. The City Manager stated that the task of removing the flowers from the Coconut Palm trees on Atlantic Avenue (to pre- vent the formation of fruit) will be incorporated into the land- scape maintenance schedule. The Coconut Palm trees were planted on Atlantic Avenue mainly because this was the choice of the citizens of Delray Beach. -14- 5/3/94 The City Manager advised that the phasing of work on · ' .~ ~S.W. 10th'. Street was reviewed with .the Commission at a .Work . ~ Session on"April 20, 1993. At this time the priority and phasing was set to begin with the first section from Miami Boulevard to Swinton Avenue, including the intersection improvements at Swinton Avenue and Dixie Highway. The second priority was the intersection improvements at S.W. 10th Avenue and Wallace Drive. The third was the section from S.W. 4th Avenue to Swinton Avenue and the fourth priority was the section from Congress Avenue to S.W. 10th Avenue. Sections one and three are being done at this time because the right-of-way acquisition for the intersection of S.W. 10th Avenue, Wallace Drive and S.W. 10th Street is proceed- ing more slowly than was hoped for. ll.B. From the Public. ll.B.1. Arthur Jackel, Chairman, United Property Owners of Delray Beach, distributed to the Commission and read into the record (a copy of which is attached and becomes a permanent record of these minutes) a report he had drafted regarding the objectives recently engaged in through a public petition drive for strengthening the Criminal Justice Law and on building a crime-free city. He was pleased to report that most of the goals were met during this past legislative session. He reiterated a request for the purchase of lap-top computers that would create the equivalent of six patrol officers at no additional cost in personnel. He feels this is the price that must be paid to help realize a crime-free city. He further stated that a vision the United Property Owners of Delray Beach share with the Commission is an effort to build a better school system and create an effective community program for after-school activities. These goals will be worth the money and the effort if the community will work together. ll.B.2. Jerry Marshall, resident, stated a meeting has been scheduled on May 24th at 7:00 P.M. in the Crest Theatre at Old School Square for the purpose of allowing the area schools to present their school improvement plan. He would like to see the Mayor, the Commission and all the public at the meeting. 12. First Readings: 12.A, ORDINANCE NO. 27-94; An ordinance rezoning a 2.826 acre parcel of land located south of Lake Ida Road, on the west side of the CSX Railroad right-of-way (FP&L property) from PCC (Planned Commerce Center) District to CF (Community Facilities) District. If passed, public hearing will be held May 17, 1994~ The City Manager presented Ordinance No. 27-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND -15- 5/3/94 PLACING LAND PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER) DISTRICT IN THE CF (COMMUNI- ~ · ~ TY FACILITIES)' DISTRICT; SAID~ LAND BEING LOCATED SOUTH OF LAKE IDA ROAD, ON THE WEST SIDE OF THE CSX RAILROAD RIGHT-OF-WAY; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORI- DA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 27-94 on First Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 28-94: An ordinance amending Section 1.3.6 of the Land Development Regulations relating to the repair and maintenance of nonconforming structures. If passed, public hearing will be held May 17, 1994. The City Manager presented Ordinance No. 28-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 1.3, "NONCONFORMING USES, LOTS, AND STRUCTURES", SECTION 1.3.6, "REPAIRS AND MAINTENANCE", OF THE LAND DEVELOPMENT REGULA- TIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE RESTRIC- TIONS FOR THE REPAIR AND MAINTENANCE OF NONCONFORMING STRUCTURES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 28-94 on First Reading, seconded by Mr. Ellingsworth. 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. At this time the Commission returned to the Regular Agenda. REOUEST FOR DIRECTION/FLORIDA DEPARTMENT OF ENVIRON- MENTAL PROTECTION DELEGATION OF LANDSCAPE PERMITTING AUTHORITY TO ~ALM BEACH QOUNT¥; Consider whether or not to "opt in" to any delegation of FDEP permitting authority to DERM, and provide direction as to support of Palm Beach County requesting delega- tion of permitting authority from FDEP. -16- 5/3/94 The .City Manager stated that this is coming to the .meeting~of~ the Beaches and~Shores Council,- a board on. which John ~Walker~sits.' Mr. Walker is asking~for direction and, at. the same time recommending the Commission take a position that the City will not "opt in" to any delegation that occurs and that the City does not support a request for delegation. Dr. Alperin moved to approve the position that the City will not "opt in" and that they will not support a request from the County for the delegation of the FDEP permitting authority, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mayor Lynch asked if this means a letter can be submitted to the Municipal League supporting their actions. The response was in the affirmative, with Dr. Alperin suggesting that a letter be sent to the Palm Beach County Commis- sion expressing the displeasure of the Commission in this contin- uing effort to grab power. 9,F, RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT WITH IBF&O~ Consider ratification of a Collective Bargaining Agree- ment with the International Brotherhood of Firemen & Oilers (IBFaO), Local 1227, for the two year period October 1, 1993, through September 30, 1995. Dr. Alperin moved approval, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.G. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT WITH PROFESSIONAL FIRE FIGHTERS OF DELRA¥ BEACH: Consider ratifica- tion of a Collective Bargaining Agreement with the Professional Fire Fighters of Delray Beach (Local 1842, IAFF), for the two year period October 1, 1993, through September 30, 1995. Mr. Ellingsworth moved approval, seconded by Mr. Ran- dolph. Upon roll call the Commission voted as follows: Dr. .Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.H. FINAL PLAT/HANCOCK SUBDIVISION: Consider a request for approval of the final plat for the Hancock Subdivision, a pro- posed two lot subdivision located at 622 North Ocean Boulevard. The City Attorney explained that there are two choices available to the Commission and she will be able to speak about modification when they decide. -17- 5/3/94 Dr. Alperin expressed disappointment in the length, of ~Attorney Saberson's-~letter.~ He'feels the~dune issue is a farce -because all'the dunes are artificial. He also..feels.this should not be tied in with historical landmarks and he is not in favor of any kind of development on this lot. The historic value of the properties west of A-1-A has already been destroyed because of the loss of the view. He expressed disappointment that he must go along with the idea that it is justified, necessary and appropriate to create the non-conforming lot in that subdivision. Mr. Randolph commented that after listening to both sides, he tried to look at it from the property owner's view- point. If the property owner had done things that would present a negative image/impact, he would recommend denial of any con- struction on that parcel. Apparently, nothing has been done by the property owner, but by people who had a job to do, not taking into consideration the owner of the property. He wondered if this could be the last of a dying breed of such areas. In ~this instance he would have to support the property owner. Mr. Ellingsworth stated if the City does not approve this, he feels a major concern is the possibility that the City may be forced to buy it in the future. Reluctantly, he is in support of the property owner. Mrs. Smith voiced her agreement, citing the fact that this issue was not of the property owner's making. With regard to the size of the house to be placed on the lot, she feels the final plat approval should be considered and, in her mind, be granted. Mayor Lynch stated he feels the City did nothing to create the hardship of the erosion line and A-l-A, which changes the size of the lot. The owners had ample time to use the land. He also feels the precedent of what happened on the Wilson prop- erty was a mistake and making another mistake does not make it right. It does not conform to the Comp Plan, it does not follow the LDRs and the intention of what the City is trying to accom- plish. Based on that information, he will not be able to support approval of the final plat. The City Attorney stated, since it appears the Commis- sion is going to vote in favor, she could draft an order and it could be placed on the next Consent Agenda for ratification of the actual terms. Mr. Randolph moved approval of the final plat for the Hancock Subdivision, with direction to the City Attorney to prepare a final order, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to ! vote. 9,,I, REOUEST FOR REHEARING ON SIGN CODE WAIVER/BORROW -18- 5/3/94 BROTHER$~ Consider a request from Borrow Brothers to rehear a -sign~.code waiver to allow a 65 square foot flat wall sign instead of the 54 square foot sign allowed by the LDRs in Section 4.6.7(E)(7). Site Plan Review and Appearance Board (3-2 vote) recommended approval, subject to conditions; staff recommended denial. City Commission, on February 8, 1994, denied the waiver. Dr. Alperin moved approval to set a date for a rehear- ing, 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. Upon discussion regarding the readvertising of the waiver, a decision was made to rehear the waiver at the Regular Commission meeting dated June 7th. 9.J. REOUEST FOR RELEASE OF LIEN/BAKER PROPERTY AT 308 N.W. 1ST STREET: Consider a request to release a demolition lien in the amount of $2,409.00 assessed against property addressed as 308 N.W. 1st Street. Mr. Randolph moved approval of the release of lien on the Baker property located at 308 N.W. 1st Street, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as fol- lows: 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,K, REMOVED 9.L, APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint an alternate member to the Public Employees Relations Commission to a term ending April 11, 1998. Mr. Randolph moved to appoint Harvey Brown, Sr. as an alternate member, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor LYnch - Yes. Said motion passed with a 5 to 0 vote. 9.M, CHANGE ORDER NO. 8/CHAZ EOUIPMENT CO.. INC.: Consider Change Order No. 8 in the amount of $128,068.30 and a time exten- sion of thirty (30) days to the contract with Chaz Equipment Co., Inc. for Gleason Street paving and drainage improvements as part of the Roadway Reconstruction Plan (Projects East of the Intracoastal); with funding from Decade of Excellence Phase II - Street Reconstruction (Account No. 228-3162-541-61.19). Dr. Alperin moved approval of Change Order No. 8 with Chaz Equipment Co., Inc., 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. -19- 5/3/94 9.N. PURCHASE AWARD/CARS AND TRUCKS: Consider the purchase of three cars and two trucks under State contract; with funding from. Garage - Vehicle Replacement - Automotive (Account No. 501-3312-591-64.20). Mr. Ellingsworth moved approval of the purchase award, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.0. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT WITH POLICE BENEVOLENT ASSOCIATION: Consider ratification of a Col- lective Bargaining Agreement with the Police Benevolent Associa- tion (PBA) Police Officers/Sergeants for the three year period October 1, 1993 through September 30, 1996. Dr. Alperin moved approval, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.P, GRANT AN EMERGENCY RELEASE WAIVER/EASTERN SURFING ASSOCIATION: Grant an emergency release waiver to Eastern Surf- ing Association to allow a regional qualifying surfing contest on the municipal beach. The City Manager stated this is for an emergency waiver to the limitations of assemblies on the beach so they can have a contest this coming Saturday morning. A representative of the Eastern Surfing Association gave a brief overview of their association and events they par- ticipate in. He also inquired if a waiver of the insurance requirement might be a possibility. The City of Lake Worth had a release form signed by the child or his parents, along with another release releasing the City and he asked if the same procedure could be followed. The City Attorney stated the releases are a good idea in addition to the insurance. However, the leases do not always hold up in Court, so the insurance becomes very important. Mrs. Smith moved approval of the waiver including the insurance requirement, 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. 13. Comments and Inquiries on Non-Agenda Items. 15, Comments and Inquiries on Non-Agenda Items - From the Commission. -20- 5/3/94 13.A,1. Dr. Alperin stated that the Drug Task Force met two weeks ago and, as had been mentioned earlier, the responsibility of the Crime Commission was in question. It was unanimously decided by the Drug Task Force that there was more than adequate work for their organization and they did not want to get in- volved. 13.A.2. Mrs. Smith, with reference to the quasi-judicial issue, commented that she would like to see someone representing the City attend the classes regarding the zoning decisions. The City Attorney advised that she will be in attendance and, it is her understanding, the Planning Department will also be represented. Mrs. Smith inquired about the Special Session that will be conducted this summer, to which the City Attorney responded that she had contacted Kathy Daley and learned that a final decision has not been reached as to whether this issue will be a part of the Special Session. Mrs. Smith stated she also feels the City should stay on top of the issue regarding the private property rights. Mrs. Smith congratulated Joe Weldon for obtaining the beach chair for the physically impaired and expressed hope that the use and availability of this chair is noticed and made clear to the public. 13.B.~, Mr. Ellingsworth inquired about the members serving on boards who do not consistently attend meetings and whether or not they are called or dropped after missing three meetings. The City Manager stated, if they are regular members, they will automatically be dropped unless they have an acceptable excuse. Mr. Ellingsworth questioned if they~would be notified according to the rules and regulations as noted in the Code of Ordinances. The City Manager advised that the City Clerk's office would handle that. Mayor Lynch asked who makes the decision as to whether or not it is an acceptable excuse. The City Manager responded that this is usually done by the board on which they are a member or the Chairman of that Board. l~,B,4. Mr. Randolph commented that, since the "NO PARKING" signs have been posted on West Atlantic Avenue, particularly at the open space areas, he and many others are experiencing prob- lems. Many persons, including himself and especially those with specific trades or crafts who stop for breakfast early in the morning along this stretch, are finding this to be a real hard- ship because all the parking spaces are used for the employees of those businesses. He is requesting the Commission to consider posting some hourly designations at certain points. He suggested, for example, posting a time of 5:00 A.M. through 9:00 or 10:00 A.M. in the morning and in the evening from 3:00 P.M. through 5:00 or 7:00 P.M. Mayor Lynch requested that the City Manager -21- 5/3/94 have staf~ look at this and get back to the Commission with some recommendations. 13.A. Mayor Lynch had no comments or inquiries. 13.B. The City Attorney stated that property for S.W. 10th Avenue has been accepted from Mr. Haggerty. In order to resolve some land issues with the Groves property, those property trans- actions wherein the City gets the right-of-way will be reconfig- ured. Because of this change, it will be possible to save the City some $18,000. This will be brought before the Commission next week for consideration. The City Attorney stated she received a call from a member of the Planning and Zoning Board today who had spoken with a State Legislator requesting that she draft a letter regarding the quasi-judicial bills that may be considered once again in a Special Session. She requested direction from the Commission regarding this call. It is her feeling that it would be great if the Legislature would declare certain Land Use items as legisla- tive activities so the City would not need to worry about the ex parte conversation prohibition, but also would not have to go through the quasi-judicial process for rezonings. That would be the substance of the letter if the Commission would like her to proceed with this request. The Commission concurred. Mrs. Smith asked if a copy of the letter could also be sent to the Florida League of Cities, the League of Women Voters, the Municipal League and all the other groups that have been fighting this. 13.¢, The City Manager stated he is very pleased to announce the appointment of Bob Rehr as Fire Chief to replace Kerry Koen. Mr. Rehr is currently serving as Fire Chief in West Palm Beach. He was Assistant Fire Chief for the City of Delray Beach in 1989 and 1990 and he is happy to welcome him back. He will commence his position on May 25th. The City Manager commented that there were six (6) internal applicants and, while there are some fine people with whom he feels very confident in the Fire Departmment, he felt that Mr. Reher was the best candidate for the job. Mayor Lynch declared the meeting adjourned at 9:05 P.M. ~C±ty Clerk ATTEST: -22- 5/3/94 The undersigned is the City Clerk of the City of Delray Beach and that the~information provided herein is the minutes of the meeting of said City Commission of May 3, 1994, which minutes were formally approved and adopted by the City Commission on J /7 199q / ~ City ~l~k r 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 they have been reviewed and approved which may involve some amendments, additions or deletions to the minutes as set forth above. -23- 5/3/94 l~y 3, 3.994 ~ City' 0 .... I 'm Arthur Jackal, cb~{ ~m~n of the United Property Owners of Delray Three 5~ars ago our ~ a~ ~cussed the futur~ of Delray Beach ar~ ~ ~ could help b~{ l d a U~exous and cr~m~-- free city. T~e ~s~nn~s were ~mdz~d of our efforts when ~ recently erz3aged in a public petit/mn drive to stz~ngthen our Cr~m(nal Justice La~. It was delegation. At the end of the recent legislative session, most of our objectives w~re reached. This w~s one of our early efforts with a For three years or mmre, ~ have been trying to stre~ our Police De~t, by incr~ing its effective force. It has ~ partly successful but will ~ addit~ _n~] funding to be c~w~letely successful. About a year ago wm brought up the subject of la~tog ~ which would create the equivalent of six ~ patrol officers at no addi~ cost in personnel, 5~ar after year. ~e ~ cost about $300,000 and the cost ~tion, the Police Dep?~e~nt w41] need 12 mor~ patrol officers imued/ately for cc~ma%ity policing. The cost is approximately $500,000 a cr/me-free city.~ 's bite the bn'llet, l city administrat_gm% in its effort to k,,i ld a better school s~ az~ to cr~a~ effecti~ o'.~.,nity programs for after-sck~ol ~rs. ~ is a These a~e our 9,'~__ ~ and go~_ ]~ of mo~t Delray cit~,~-s. Thank