07-19-94 JULY 19, 1994
A Regular Meeting of the City Commission of the City of
Delray Beach, Plorida, was called to order by Mayor Thomas E.
Lynch in the Commission Chambers at City Hall at 6:05 P.M.,
Tuesday, July 19, 1994.
Roll call showed:
Present - Commissioner Jay Alperin
Commissioner Ken Ellingsworth
Commissioner Barbara Smith
Mayor Thomas E. Lynch
Absent - Commissioner Randolph
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
2. The opening prayer was delivered by Reverend Thomas
Sheppard, St. Matthew's Episcopal Church.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
Agenda Approval.
Dr. Alperin noted an addendum to the agenda, Item 9.K.
(Change Order No. i/Asphalt Construction of Palm Beach, Inc.).
Mayor Lynch requested that Item 8.E., Consent Agenda,
be moved to the Regular Agenda as Item 9.A.A.. He stated that
there is an additional Proclamation, for the City of Pukagawa,
Hokkaido, Japan, Item 6.C.
Dr. Alperin moved approval of the agenda, as amended,
seconded by Mr. Ellingsworth. Upon roll call the Commission
voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr.
Ellingsworth - Yes; Mayor Lynch - Yes. Said motion passed with a
4 to 0 vote.
5. Approval of Minutes=
Dr. Alperin moved approval of the Minutes of the Regu-
lar Meeting of July 5, 1994, seconded by Mr. Ellingsworth. Upon
roll call the Commission voted as follows: Dr. Alperin - Yes; Mr.
Ellingsworth - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said
motion passed with a 4 to 0 vote.
6. Proclamations=
6.A. "National Night Out" - August 2, 1994: Mayor Lynch
read and presented a proclamation proclaiming August 2, 1994 as
the "National Night Out" Mary Evans, representing the Delray
Mall and A1 Melis of the Police Department, came forward to
accept the proclamation.
6.B. Rotary Foundation Month - November, 1994: Mayor Lynch
presented a proclamation proclaiming November, 1994 as Rotary
Foundation Month.
6.C. City of Fukaqawa, Hokkaido, Japan - Tony Durante: Mayor
Lynch read and presented a proclamation and a Key to the City
proclaiming Tony Durante as an English teacher, Volunteer Youth
Minister and goodwill ambassador to Japan. Ken Durante came
forward to accept the proclamation on behalf of his family.
7. Presentations:
7. A Perry DonFrancisco - Delray Citizens For Delray Police
Scholarship Award to Francesca Melis:
Perry DonFrancisco, Delray Citizens for Delray Police,
stated that the scholarship program was started in 1979 and
introduced Kristen Herndon who was the first candidate to receive
a scholarship.
Ms. Herndon expressed appreciation to the Delray Citi-
zens for Delray Police for all the financial support throughout
her years of education for law school. She introduced the recip-
ient of this year's Delray Citizens for Delray Police Scholarship
Award, Francesca Melis, a recent graduate of Atlantic Community
High School and presented the award.
Ms. Melis came forward to accept the Scholarship Award.
7.B. Sheila Reese - Atlantic Hiqh School Eaqlettes:
Mindi Reese, Graduate Officer of the Atlantic High
School Eaglettes, expressed appreciation to the City of Delray
Beach for supporting the Eaglettes. On behalf of the Atlantic
High School Eaglettes, Ms. Reese presented a plaque to the City
and read into the record the inscription on the plaque which
reads as follows: "In Appreciation to the City of Delray Beach
for Your Financial Support and Devotion to our Youth". She
concluded her presentation with a request for annual funding in
the amount of $2,500.00.
A copy of Ms. Reese's letter will be included in the
Minutes and becomes a permanent part of the record.
8. CONSENT AGENDA: City Manager recommends approval.
8.A. RESOLUTION NO. 60-94: Approve a resolution assessing
costs for abatement action required to demolish an unsafe canopy
at 143 N.W. 5th Avenue.
A copy of Resolution No. 60-94 is as follows:
2 7/19/94
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, ASSESSING COSTS FOR ABATEMENT ACTION
REGARDING AN UNSAFE BUILDING ON LAND(S)
LOCATED WITHIN THE CITY OF DELRAY BEACH;
SETTING OUT ACTUAL COSTS LEVYING THE COST OF
SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE
AND FOR A DUE DATE AND INTEREST ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN
UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS; PROVIDING FOR THE MAILING OF NOTICE.
(Copy of Resolution No. 60-94 is on file in the offi-
cial Resolution Book).
8.B. LANDSCAPE WAIVER/REED DESIGN LANDSCAPE: Approve waiv-
ers to the landscape requirements of LDR Section 4.6.16(H) (3) (a)
and Section 4.6.16(H) (3) (d) for Reed Design Landscape located at
353 North Swinton Avenue, based upon positive findings.
8.C. LANDSCAPE WAIVER/F.P.L. SUBSTATION: Approve a waiver
to LDR Section 4.6.16(E) (3) (protective curbing) along the access
road for the proposed FP&L Substation to be located on the south
side of Lake Ida Road, east of Congress Avenue immediately west
of the CSX Railroad.
8.D. REVISED INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Ap-
prove revised Interlocal Agreement with Palm Beach County for
funding of utility relocations in conjunction with construction
improvements to West Atlantic Avenue. The revision removes
verbiage regarding the 5% retainage already covered in the gener-
al conditions for the project.
8.E. THIS ITEM WAS MOVED TO THE REGULAR AGENDA.
8.F. THIS ITEM HAS BEEN REMOVED.
CITY OF DELRAY BEACH v. AMERICAN CENTENNIAL: Authorize
the City Attorney to make a Demand for Settlement in the amount
of $150,000.00 to settle the claims of the City with American
Centennial.
8.H. AGREEMENT/NATIONAL SPIRIT GROUP, LTD. ("NCA"): Approve
an agreement between the City and NCA Super Squads which will
allow for a cheerleading program to be offered at the Community
Center.
8.I. AWARD OF BIDS AND CONTRACTS:
1. Bid Award - Supplemental laboratory analysis for
water, wastewater, etc. - Harbor Branch
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Environmental Laboratory, at an estimated annual
cost of $30,000; with funding from the department
operating expense budget.
Dr. Alperin moved approval of the Consent Agenda, as
amended, seconded by Mr. Ellingsworth. Upon roll call the Com-
mission voted as follows: Mr. Ellingsworth Yes; Mrs. Smith -
Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed
with a 4 to 0 vote.
9. Regular Agenda:
9.A.A. RESOLUTION NO. 58-94/FLORIDA MAIN STREET PROGRAM:
Approve Resolution No. 58-94 which authorizes and endorses the
submission of an application to participate in the "Florida Main
Street" Program, and provides for a funding commitment in the
amount of $30,000.00 per year for three (3) years and other
support.
The caption of Resolution No. 58-94 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
AND ENDORSING THE SUBMISSION OF AN APPLICA-
TION TO PARTICIPATE IN THE "FLORIDA MAIN
STREET" PROGRAM; PROVIDING FOR A FUNDING
COMMITMENT AND OTHER SUPPORT.
(Copy of Resolution No. 58-94 is on file in the offi-
cial Resolution Book).
Mayor Lynch stated that the City would provide the
upfront monies, which will cost the City more with no revenue.
The CRA will get the tax increment financing when rebuilding
occurs and will reimburse $90,000 which was spent by the City
during a three year commitment.
The City Manager pointed out that this issue was ad-
dressed in the last paragraph of the memorandum which was provid-
ed in the agenda back-up material for this item.
It was noted by the City Attorney, that if the Commis-
sion so desires, a new paragraph could be added to Resolution
58-94 as Section 3.
Tom Fleminq, Main Street Coordinator, requested that
this commitment be a separate document to be included with the
application to the Florida Main Street Program as one of the
Exhibits.
After discussion, it was the consensus of the Commis-
sion to approve the agreement, subject to the CRA entering into
an agreement with the City, and that the City's contribution will
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be reimbursed by the CRA from increased T.I.F. revenues, if the
program proves to be successful.
Mr. Ellingsworth moved for the adoption of Resolution
No. 58-94 for the Florida Main Street Program, seconded by Mrs.
Smith. Upon roll call the Commission voted as follows: Mayor
Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin Yes; Mr.
Ellingsworth - Yes. Said motion passed with a 4 to 0 vote.
9.A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARI-
OUS 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 July
4 through July 15, 1994.
Dr. Alperin moved to receive and file the report,
seconded by Mrs. Smith. Upon roll call the Commission voted as
follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth -
Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote.
9.B. SERVICE AUTHORIZATION NO. 3/DIGBY BRIDGES MARSH & ASSO-
CIATES: Consider Service Authorization No. 3 to Digby Bridges
Marsh & Associates in the lump sum amount of $83,200.00, plus a
not to exceed $15,000.00 for reimbursable printing expenses, for
the Delray Beach Tennis Center Phase III project; with funding
from General Construction Fund - Tennis Center Improvements
(Account No. 334-4145-572-63.43).
The City Manager noted that Dr. Alperin had inquired as
to why the engineer was different in this particular proposal
than that which was initially presented. He explained that the
previous engineering firm (Heller, Weaver and Cato) worked on the
previous phases of the project. The initial price was $12,600
and the price was then negotiated to $11,600, which was consid-
ered too high as they should have had an advantage competitively
because of their familiarity with the project. At that point,
staff asked Mr. Bridges to look for another engineering firm.
The City Manager feels that the firm mentioned in the proposed
contract is quite capable and responsible and will be equally
responsive to the City's needs.
Mr. Bridges explained that after he had contacted a
different engineering firm, the firm of Heller, Weaver and Cato
has now met the identical bid. Although both engineering firms
are excellent choices, Mr. Bridges prefers to retain the services
of the original engineering firm based on insurance liability
reasons.
Although he understood Mr. Bridges' concerns, the City
Manager felt that Heller, Weaver and Cato had treated the City
fairly in this particular case.
Mr. Ellingsworth moved for approval of Service Author-
ization No. 3 with Digby Bridges Marsh & Associates, subject to
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Mr. Bridges's discretion and/or selection of a subcontractor,
seconded by Mrs. Smith. Upon roll call the Commission voted as
follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mayor Lynch
- Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote.
9.C. CHANGE ORDER NO. 1/MOLLOY BROTHERS, INC.: Consider add
Change Order No. 1 in the amount of $16,945.00 and an extension
of ten (10) calendar days to the contract with Molloy Brothers,
Inc. for the construction of the alley in Block 12, in conjunc-
tion with the Street Reconstruction and Utility Improvements
(Northwest/ Northeast) Project; with funding from D.O.E. Phase I
- CBD Alleyway Reconstruction Phase II (Account No. 225-3162-541-
61.47), and D.O.E. Phase II - CBD Alleyway Reconstruction Phase
II (Account No. 228-3162-541-61.47).
Dr. Alperin moved for approval of Change Order No. 1 in
the amount of $16,945.00 and an extension of ten (10) calendar
days to the contract with Molloy Brothers, Inc., seconded by Mrs.
Smith. Upon roll call the Commission voted as follows: Mr.
Ellingsworth - Yes; Mrs. Smith - Yes; Mayor Lynch - Yes; Dr.
Alperin - Yes. Said motion passed with a 4 to 0 vote.
9.D. CHANGE ORDER NO. 1/ALL-RITE PAVING CONTRACTORS, INC.:
Consider add Change Order No. 1 in the amount of $49,200.00 and
an increase in the contract time of fourteen calendar days to
All-Rite Paving Contractors, Inc. for additional 60" RCP storm
drainage pipe and one Type "J" Inlet, on S.W. 10th Street; with
funding from Decade of Excellence Phase II - S.W. 10th Street
(Account No. 228-3162-541-61.90).
The City Manager stated that the City received below
estimate bids and were able to provide additional storm drainage
piping which is recommended at this time so that the turn lanes
do not have to be disturbed at a later date.
Mr. Ellingsworth moved for approval of Change Order No.
1 in the amount of $49,200.00 and an increase in the contract
time of fourteen calendar days to All-Rite Paving Contractors,
Inc., seconded by Dr. Alperin. Upon roll call the Commission
voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr.
Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a
4 to 0 vote.
9.E. TERMINATION OF LEASE AGREEMENT FOR THE CATHERINE STRONG
CENTER: Consider termination of the City's lease agreement with
Palm Beach County for the Catherine Strong Center.
The City Attorney stated that there are several issues
for the Commission's consideration: 1) a formal termination of
the lease for the Head Start Program at the Catherine Strong
Center building; 2) request the Commission's permission to sub-
lease the property to the Boys and Girls Club of Palm Beach
County; 3) or, in lieu of the sublease, permission to request
that Palm Beach County turn over the property to the City.
6 7/19/94
Mrs. Smith moved to terminate the lease for the Head
Start Program and to begin negotiations for the acquisition of
that property; and in the interim to acquire consent for a sub-
lease, seconded by Dr. Alperin. Upon roll call the Commission
voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr.
Ellingsworth - Yes; Mayor Lynch - Yes. Said motion passed with a
4 to 0 vote.
9.F. SETTLEM]~NT OFF~R/RO¥ SIMON: Consider settlement offer
relative to Mr. Simon's claim against the City.
The City Attorney stated that at the last meeting the
settlement figure proposed was for $9,283.45 but the claimant
wished to settle for $50,000.
Mr. Simon, via letter from his attorney, returned with
a counter offer of $46,034.68. The City Attorney noted that she
had received a verbal authorization by Mr. Simon, to put forward
his latest counter offer of $25,000. She pointed out that an
additional $4,000.00 could be added to the recommended $9,000.00
for termination expenses at the golf course site, including
interest. She recommended a maximum settlement offer of
$20,000.00.
David Schmidt, pointed out that the $46,034.68 was
based on the City's position; however, in discussion with the
City Attorney, he noted that his client would be willing to
settle for $25,000. Mr. Schmidt stated that he would be willing
to split the difference; otherwise, he felt confident of the
claim at that amount. If not approved, then his client would
consider arbitration under the contract.
Upon question by Mayor Lynch, the City Attorney ex-
plained that there were other figures which were presented. The
larger amount of monies were due to the "demucking" which had to
occur at the Lake Ida site. She felt that it would be inappro-
priate to include those costs, but they were potential costs
which would have come from the Lake Ida site itself.
Dr. Alperin felt that the City Attorney's offer of
$20,000 would be sufficient; however, he would be willing to go
along with the counter offer of $25,000 in order to resolve the
matter.
Mayor Lynch stated that he had a problem with this
proposal as he felt the contract was pretty clear in the negoti-
ating process, and that he would agree to the $9,283.45.
Dr. Alperin moved approval of the settlement offer with
Mr. Simon in the amount of $22,500.00, seconded by Mrs. Smith.
Upon roll call the Commission voted as follows: Dr. Alperin -
Yes; Mr. Ellingsworth - Yes; Mayor Lynch - No; Mrs. Smith - Yes.
Said motion passed with a 3 to 1 vote.
7 7/19/94
9.G. APPOINTMENT TO PUBLIC EMPLOYEES RELATIONS COMMISSION=
Appoint a regular member (neutral capacity) to the Public Employ-
ees Relations Commission, to a term ending June 26, 1998.
Mayor Lynch stated that he wished to appoint Harvey
Brown, Sr.
Mr. Ellingsworth moved to appoint Harvey Brown, Sr. as
the regular member (neutral capacity) to the Public Employees
Relations Commission, to a term ending June 26, 1998, seconded by
Dr. Alperin. Upon roll call the Commission voted as follows:
Mr. Ellingsworth - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr.
Alperin - Yes. Said motion passed with a 4 to 0 vote.
9.H. APPOINTMENTS TO THE EDUCATION BOARD: Appoint four
members to the Education Board to terms ending July 31, 1996.
Mayor Lynch stated that he wished to appoint Tom
Pleming to the Education Board to a term ending July 31, 1996 and
asked for a motion on his behalf. Mr. Ellingsworth so moved,
seconded by Dr. Alperin. Upon roll call the Commission voted as
follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes;
Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote.
Mrs. Smith moved to appoint Denise Holt May to the
Education Board to a term ending July 31, 1996, seconded by Dr.
Alperin. Upon roll call the Commission voted as follows: Mrs.
Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mayor
Lynch - Yes. Said motion passed with a 4 to 0 vote.
Dr. Alperin moved to appoint Lawrence Siegel to the
Education Board to a term ending July 31, 1996, seconded by Mr.
Ellingsworth. Upon roll call the Commission voted as follows:
Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - Yes;
Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote.
Mr. Ellingsworth moved to appoint Kathy Shabotynskyj,
to the Education Board to a term ending July 31, 1996, seconded
by Dr. Alperin. Upon roll call the Commission voted as follows:
Mr. Ellingsworth - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr.
Alperin - Yes. Said motion passed with a 4 to 0 vote.
9.I. FY 1994/95 BUDGET PRESENTATION/ESTABLISHMENT OF PRO-
POSED MILLAGE RATE=
The City Manager provided an overview of the procedure
of establishing a proposed millage rate which will then be used
by the Property Appraiser's Office to notify residents of their
taxes. He noted that the City's two budget hearings will be held
during the month of September which will be noticed, along with
the proposed taxes. A tentative millage will be set at the first
hearing with the final millage to be set at the second hearing.
8 7/19/94
Revenue and expense figures will be presented this
evening, as well as the millage computation and some alternatives
that have been requested by some department heads which he felt
should be given serious consideration. The City Manager pointed
out that the proposed revenues were slightly higher; however,
during the course of the year the City will continue to strive to
reduce expenses. At this point, the budget thus far reflects
that all existing programs and all filled positions are funded.
Also, one frozen police officer position has been funded in this
budget proposal.
In regard to revenues, there will be a total increase
in Ad Valorem Tax Revenues over $18 million, a significant amount
of which will go to the CRA because their values have risen
higher than the City's. The City Manager pointed out that these
are preliminary figures and noted that he is still reviewing
projected revenues from different building related activities
(i.e. building permits, zoning applications, etc.). Preliminary
operating revenues are projected in excess of $39 million for the
coming fiscal year, which is an approximate increase of $55,000
overall from last fiscal year. In regard to non-operating reve-
nues (County Bed Tax) which is expected for the next phase of the
Tennis Center, $30,000 of the prior year's surplus was previously
approved by the Commission this evening for the Main Street
Program.
The City Manager noted that there were several proposed
budgets which he has not as yet reviewed which includes two major
departments (Parks & Recreation and Fire Department). A position
was cut from each of the Finance and Purchasing Departments.
There are some staff reductions in the engineering services due
to the fact that some major bond issue projects are coming to a
close; however, some employees will be used in the utilities area
so they will not be funded out of the General Fund.
New programs were proposed by some departments for this
fiscal year and the City Manager asked the Commission to review
them carefully and provide direction. One is the continuation of
the Police Department's West Atlantic Avenue Walking Beat. The
cost to fund this program is $243,580.00 which will allow for the
hiring of six new police officers (a staff of eight and drawing
two officers via reassignment). A second proposal from the
Police Department is to expand policing within the beach area,
the northeast section, and the southeast section. These are
referred to as grid areas which will be a cost of $78,000 per
team/grid. The third item is a request from Parks & Recreation
Department for landscaping maintenance of parks. There will be a
reduction of the department's temporary services in the amount of
$40,000.
The City Manager recommended that the millage rate
should remain at 8 mills; however, he felt that the storm water
utility fee needs to be increased as there is a substantial
amount of major drainage that still needs to be done.
9 7/19/94
Dr. Alperin felt the millage rate could not stay the
same and that it needs to go down.
Mayor Lynch suggested that the storm water utility fee
could be doubled which would allow for excess monies to install
the mains when the road is being torn up rather than going back
at a later date and doing it again. He felt that it would be
money well spent and would add some flexibility.
Mrs. Smith moved to double the current stormwater
utility fee (27 to 54); and, to tentatively keep the proposed
millage rate at 8 mills, seconded by Dr. Alperin. Upon roll call
the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith -
Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion
passed with a 4 to 0 vote.
At this point, the time being 7:10 P.M., the Commission
moved to the duly-advertised Public Hearings portion of the
Agenda.
Prior to the regularly scheduled public comment portion
of the agenda, Mrs. Adele Jackel, 784 N.W. 25th Avenue, read a
statement prepared by Mr. Arthur Jackel, addressing three items:
(1) Support of an appropriation in the amount of $500,000 for the
addition of twelve Police officers to the City's force in the
upcoming fiscal year; (2) that a public parking garage be spon-
sored by the CRA and the Chamber of Commerce to support retailers
in the downtown area; and (3) the need to give attention to the
concerns of young adults in the City. A copy of the statement
read by Mrs. Jackel is attached hereto and made a permanent
record of the Minutes of this meeting.
!0. Public Hear£nqs:
The Commission considered Items 10.A. and 10.A.1.
jointly as they were close in nature; however, there were two
separate motions.
10.A. ORDINANCE NO. 56-94: An ordinance rezoning a 7.49 acre
vacant parcel from MIC (Mixed Industrial and Commercial) District
to CF (Community Facilities) District. The subject property is
located at the northwest corner of Congress Avenue and N.W. 1st
Street and is proposed to accommodate a satellite facility for
the County's bus system. Planning and Zoning Board recommends
approval (6 to 0 vote). 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. 56-94:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED MIC (MIXED
INDUSTRIAL AND COMMERCIAL) DISTRICT IN THE CF
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(COMMUNITY FACILITIES) DISTRICT; SAID LAND
BEING LOCATED AT THE NORTHWEST CORNER OF
CONGRESS AVENUE AND N.W. 1ST STREET; AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORI-
DA, 1994"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(Copy of Ordinance No 56-94 is on file in the official
Ordinance Book)
A public hearing was held having been legally adver-
tised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
The City Attorney stated that this is a Quasi-Judicial
Hearing item.
The City Clerk sworn in those individuals who wished to
give testimony on this item.
Mr. John Walker, Project Coordinator, stated that staff
places in evidence Planning and Zoning Department's File No.
94-112-REZ-CCA, Co-Tran Rezoning, containing 22 Exhibits. Also
placed in evidence File No. 94-113-USE-CCA, Co-Tran Conditional
Use Approval, containing 27 Exhibits. He noted that these files
contain the Staff Reports, citations from the Comprehensive Plan
and Land Development Regulations, which in effect, put those
documents in their entirety into evidence. Each file also con-
tains a listing of the documents within the file. Mr. Walker
presented a copy of the listing to the City Clerk.
Mr. Walker explained that Co-Tran is expanding
countywide, using Federal Highway dollars and local gas tax
funds. The number of buses and the number of routes will be
doubled and the time waiting for the buses is being reduced to
thirty minutes; also, there is an addition of covered bus shel-
ters. He pointed out that these changes are already in progress
and do not require City approval. As a part of its expansion,
Co-Tran proposes a satellite terminal in Delray Beach, on 7.49
acres and is to be located on the west side of Congress Avenue,
north of Atlantic Avenue and immediately on the north side of
N.W. 1st Street.
Currently the parcel is zoned MIC which allows a total
of 82,000 square feet of use (20,500 square feet each of retail,
official, financial and industrial). The proposed zoning for the
site is CF and the conditional use is for the establishment for a
bus terminal. The site contains parking for 59 buses, employee
parking, a retention area, an operations building of 4,000 square
feet to the south, and a maintenance building of 10,000 square
feet to the north which includes six bays, a fueling and wash
area.
Mr. Walker stated that Planning staff finds that the
site is consistent with the Future Land Use Map, consistent with
the Comprehensive Plan and the surrounding neighborhood, and
complies with the LDRs. Traffic generation on the site is a
total of 508 daily trips, which is 20% of the potential traffic
generation of the current zoning. Buffering on the west will
include an eight foot berm with landscaping and the location of
the bus parking is 370 feet from the nearest residential line.
Buffering on the east side will be a thirty-foot landscaping
buffer with a berm. He noted that some of the concerns that
staff has investigated include noise, air quality, employment
issues and operating costs. Also, as part of its analysis, staff
visited the West Palm Beach facility during its peak operating
time (6:00 A.M.).
The Planning and Zoning Board considered this item on
June 20, 1994, and unanimously recommended to approve the request
as submitted.
Mr. Paul Schofield, Palm Beach County, submitted into
evidence a revised drawing as an additional exhibit which incor-
porates items which were requested by staff such as a cul-de-sac,
a lift station, some planting islands and perimeter islands
around the buildings.
It was noted by the City Attorney that the exhibits
were included as part of the rezoning application and it was not
necessary that they be numbered exhibits.
Mr. Schofield pointed out that some of the factors for
the selection of this site for the proposed facility were its
location, the parcel had to be for sale and vacant with no envi-
ronmental problems. He noted the uses which surround the parcel.
Initially access was proposed from Congress Avenue; however, at
staff's request the access from the site will be via N.W. 1st
Street. There was a concern for a 60 foot right-of-way with only
50 feet being available; but, as long as the City is willing to
allow the variance, the County is willing to build a road which
will cost $18,500. The cost of the lift station is approximately
$50,000 and, at their expense, will also add a gravity sewer line
along the property line which was requested by staff.
It was noted by Mr. Schofield that when the property is
rezoned to CF, it will not be a taxed facility. The total taxes
which were paid on the property last year was approximately
$25,000 which was paid to all governments (County, School Board,
City and special taxing districts). In compensation for that
loss, there are going to be 130 jobs available on this site and
it is anticipated that 80 will be new jobs, with an average
salary of $27,000 in base salary. He anticipated approximately
$800,000 per year of operational savings. In arrangement with
the Private Industry Council, there will be recruiting and train-
ing for a majority of individuals from the Delray area for these
new positions.
7/19/94
The following individuals spoke in support of the
proposed rezoning:
Carolyn Zimmerman, resident, feels it is essential that
the bus service be improved and that the satellite facility will
offer an excellent opportunity for employment opportunities. She
urged the residents not to worry about whether it is located in
"their backyard", the use is very much needed and presents the
City with a "golden opportunity".
Chris Brown, 1101 North Swinton, feels that it is very
important that the City sends a signal to other communities that
the City is supportive of mass transit. Also, it is a very
important vote for economic development and is a very important
industry. The Congress Avenue corridor is an appropriate loca-
tion to promote growth.
Helen Coopersmith, representing Progressive Residents
of Delray (PROD), stated that PROD consists of 23 Homeowners
Associations who attended many meetings and support the proposed
zoning and use for this site. PROD members visited the facility
in West Palm Beach. She emphasized that there is a great need
for this type of transit for use by the handicapped, elderly and
single car families. The developer of a new residential develop-
ment is aware of the proposed facility at this site and states in
a letter dated June 27th that he has no problem in proceeding
with his planned development. In a meeting held this date, the
members of PROD voted to support the proposed rezoning on this
site for a Co-Tran satellite facility.
Murial Brooks, representing the residents of Pines of
Delray North, concurred with comments expressed previously. She
pointed out that originally some members had attended a previous
meeting when this issue was discussed and had voiced their oppo-
sition; however, the Board of the Pines of Delray North are in
full support of the proposal. She pointed out that several years
ago, one of the Board members had contacted Co-Tran and Route 24,
which runs on Lake Ida Road and cuts through Delray Park of
Commerce, stops directly in front of their community and many
residents use this transit system.
Sam McGee, Executive Director of T.E.D. Center, stated
that the Center fully supports the satellite facility and feels
that it would be a boost to the economy. Also, that T.E.D. Center
would like to provide some services for Co-Tran such as training
employees.
Richard Eckerly, Woodlake Homeowners Association,
pointed out that there are 292 homes in the community which are
located less than a mile from the location of the proposed facil-
ity. The Woodlake Homeowners Association fully supports the
satellite facility.
-13- 7/19/94
Scott Hawkins, Attorney representing the property
owner, emphasized that there is scientific data which proves
there will be no adverse impact regarding noise or air quality of
this proposed development. Also, that the proposed location is
appropriate, it is an available site and requirements have been
met. He urged the Commission to vote in favor of the rezoning
and conditional use approval.
The following individuals spoke in opposition:
Jack Kellerman, President of High Point Residents
Action Committee, stated that as a former member of the Planning
and Zoning Board he has been aware of the many problems within
the City. He pointed out that a major traffic concern is the
intersection of Atlantic and Congress Avenues. Mr. Kellerman
noted that he had urged the City for many years to rezone the
west side of Congress Avenue from Atlantic Avenue to Lake Ida
Road. He emphasized that there would be no objections from the
residents in the area if the facility were to be located on the
east site rather than the west side of Congress Avenue.
Mr. Kellerman stated that each section of High Point,
a community consisting of over 2,000 families, have submitted
letters of objection. He pointed out that there are a number of
vacant properties which are located on the east side of Congress
Avenue. He emphasized that the proposed location is one of the
most important single parcels of industrial-zoned land left in
the City because of its location and size; and, that the City
should wait for a better offer as it is an important tax base.
Alice Finst, representing the Board of Directors of
Chatalaine Subdivision, stated that she concurred with comments
made previously by Mr. Kellerman. She emphasized that this
particular parcel is quite valuable and does not feel the land-
scaping will be satisfactory in future years. Mrs. Finst urged
the Commission to consider the importance of what will be located
on that land for many, many years to come. Also, if the facility
does not live up to promises being made, what type of control
does the City have over the County and/or Federal government?
She urged the Board to consider the entrance into the western
section of the community.
Tom Haenlon stated that he was not pro or con regarding
the proposed rezoning and conditional use approval. He had
attended the Palm Beach Board of County Commission meeting when
they considered the gasoline tax which was approved. The Co-Tran
transit system has been in existence for approximately fourteen
years. He brought attention to a recently published article by
the Palm Beach Post newspaper which stated the worst public
transit system in the country was right here in Palm Beach
County. He pointed out that many large buses commuting within
the city are empty and the Tri-Rail feeder line is also operating
at a low capacity. Mr. Haenlon suggested that Co-Tran should
-14- 7/19/94
present proof with statistics of their services, and relief of
congestion along the City's highways.
The Public Hearing was closed.
At this point, the Commission asked questions of the
applicant.
Mr. Ellingsworth asked if the the new facility planned
to issue payroll checks at this site. Also, would there be a
reconfiguration on Congress Avenue to allow turn lanes, north and
south and would stacking lanes be necessary. In regard to the
retention pond, he questioned if there is there any intention for
reconfiguration to run parallel to the canal in order to give a
better buffer to the residential area to the west.
Irving Cure, Executive Director of Co-Tran, responded
that payroll checks would be issued at the site and drawn from
Barnett Bank. In response to turn lanes, there will be no chang-
es on Congress Avenue; however, N.W. 1st Street will be improved
since turn lanes are not required because of the low traffic
volume. Since traffic during the peak hour of operation amounts
to approximately 50 trips, turn lanes are not warranted. In
regard to stacking, it would not be necessary as the only buses
going north would be serving one of the local streets such as
Lake Ida Road. There are strict regulations in regard to reten-
tion ponds.
In response to Mayor Lynch's inquiry regarding the size
of buses that will be used, the largest in terms of capacity is
seating for 59 persons. If a variance is not granted, an en-
trance on Congress Avenue will be located at the north end of the
site where a turn lane currently exists. The adjacent property
owner has agreed to donate the other 25 feet as long as Co-Tran
pays for the construction of the road.
In response to Mrs. Smith's inquiry regarding bounda-
ries of service being provided, Mr. Cure stated that the northern
boundary is Lantana Road, the southern boundary is the south
county line, and from the ocean west to Route 441. There will be
143 total employees at the site.
Mr. Cure responded to Dr. Alperin's question as to the
maximum capacity of the site by stating that the original site
plan which is before the Commission is 43 bus parking spaces;
however, the revised site plan which was submitted into evidence
reflects a maximum of 66 spaces but will probably be somewhat
less by the time the final site plan is completed. Mr. Cure
stated that efficiency could be controlled; however, he consid-
ered the issue of effectiveness as a political decision. He
noted that Co-Tran is perhaps one of the most efficient mass
transit systems of its size in an urbanized area.
-15- 7/19/94
In conclusion, the applicant pointed out that the
landscaping is a condition of approval which has to be complied
with in order to complete the facility; that the site will be
there for the long term; that in order to receive Federal fund-
ing, studies reflect that ridership will by doubling the number
of buses; and, Co-Tran wants to be a good neighbor.
Dr. Alperin moved for adoption of Ordinance No. 56-95
on Second and FINAL Reading, for rezoning from MIC to CF based
upon positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, Policies of the
Comprehensive Plan and Section 2.4.5(D) (5), seconded by Mrs.
Smith. Upon roll call the Commission voted as follows: Mrs.
Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mayor
Lynch - Yes. Said motion passed with a 4 to 0 vote.
10.A.1. CONDITIONAL USE APPROVAL/CO-TRAN SATELLITE FACILITY:
Consider a request for conditional use approval to establish a
Co-Tran transportation terminal on property located at the north-
west corner of Congress Avenue and N.W. 1st Street. Planning and
Zoning Board recommends approval (6 to 0 vote).
A public hearing was held having been legally adver-
tised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Dr. Alperin moved approval of the Conditional Use
request based upon the recommendation of the Planning and Zoning
Board and upon positive findings with respect to Section 3.1.1.
and Section 2.4.5(E) (5) (Conditional Use Finding) and policies of
the Comprehensive Plan subject to the conditions are outlined in
the P&Z Staff Report, seconded by Mrs. Smith. Upon roll call the
Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth
- Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed
with a 4 to 0 vote.
Prior to roll call, Mayor Lynch stated that the appli-
cant has done a commendable job in addressing the fears of the
residents of the City as there were numerous individuals who had
addressed their concerns. Further, that the facility will live
up to all expectations and improve the quality of mass transit
transportation, offer employment opportunities and will present a
good long-term relationship between both parties.
10.B. COMMUNITY DEVELOPMENT BLOCK GRANT/PROPOSED STATEMENT OF
OBJECTIVES AND PROJECTED USE OF FUNDS 1994-95: Conduct a public
hearing and consider approval of the CDBG Program's Proposed
Statement of Objectives and Projected Use of Funds for FY
1994-95, in accordance with Federal regulations.
A public hearing was held having been legally adver-
tised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
-16- 7/19/94
Lula Butler, Director of Community Improvement, stated
that prior to this annual public hearing, a "Needs Assessment"
meeting was held on May 25, 1994, which complied with Federal
regulations to receive participation from the affected citizens
who will use these monies and as to how the monies will be used.
She noted that there were six requests for funding for this
year's grant program from different agencies totaling $223,000;
however, the recommended amount is $106,000.
Mrs. Butler highlighted the reasons for several re-
quests for funding which had been denied and presented an over-
view of the proposed use of funds for FY 94/95.
One request for funding was received from The Haitian
Outreach Center for $70,000 for acquisition of the building which
is currently being leased. The funding was denied due to the
fact that a firm sales contract with the owner of the property
was not available.
Another request came from the Urban League of Palm
Beach County for $43,000. They proposed that funding be used for
one full time staff position and one part-time clerical position
in order to provide counseling services for housing placement.
Funding was not recommended for this agency; however, there is a
component of their program that staff would like to see main-
tained, which is funding for families who are delinquent in their
mortgage and utility payments. Although, it was not recommended
in this year's proposed grant, and since this service is not
duplicated in the City, they would like to propose that the
budget be amended to allow funding for a component of their
program called a "Pre-Homeless Program" in order to provide some
type of assistance to residents.
Mrs. Butler stated that the City's allocation is
$643,000 and preferred to see the entire allocation be used as a
capital item as opposed to being used for administration and
planning.
Leroy Harrison, 321 Ross Drive, spoke on behalf of the
Urban League of Palm Beach County. He explained that the organ-
ization has served residents of the City since 1983 and conducts
many needed services and cooperates with other agencies. Mr.
Harrison urged the Commission to approve the funding.
Carolyn Holder, President of the Lincoln Park Homeown-
ers Association of S.W. 9th Avenue, stated that she is working
with senior residents who have not had their street paved in over
30 years. She pointed out that there is crime in the neighbor-
hood and cited poor drainage and the poor condition of sidewalks
in the area.
The Public Hearing was closed.
-17- 7/19/94
Mrs. Butler pointed out that S.W. 9th Avenue is a
proposed project with $106,000 allocated for CBDG's FY 94/95
budget to offset the cost of the water/sewer funds. This will
cover the cost of sidewalk improvements, the reconstruction of
swells and the upgrading of water mains.
Mrs. Smith moved approval of the Proposed Statement,
1994-95 Community Development Block Grant, seconded by Mr.
Ellingsworth. Upon roll call the Commission voted as follows:
Mr. Ellingsworth - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr.
Alperin - Yes. Said motion passed with a 4 to 0 vote.
10.C. ORDINANCE NO. 57-94 An ordinance amending the Advisory
Future Land Use Map of the Comprehensive Plan by changing the
land use designation of a 1.3 acre vacant parcel from Low Density
Residential to Transitional. The subject property is located on
the north side of Atlantic Avenue, at Hamlet Drive (extended) and
is known as the DiMarzio property. Planning and Zoning Board
recommends approval (6 to 0 vote). 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 57-94:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CHANGING THE
ADVISORY FUTURE LAND USE MAP DESIGNATION IN
THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND
AS MORE PARTICULARLY DESCRIBED HEREIN FROM
LOW DENSITY RESIDENTIAL TO TRANSITIONAL; SAID
LAND BEING LOCATED ON THE NORTH SIDE OF
ATLANTIC AVENUE, AT HAMLET DRIVE (EXTENDED);
ELECTING TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE LAND USE
PLAN AMENDMENTS; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(Copy of Ordinance No 57-94 is on file in the official
Ordinance Book).
Assistant City Attorney Tolces read the Ordinance in
its entirety.
A public hearing was held having been legally adver-
tised in compliance 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 moved for the adoption of Ordinance
No. 57-94 on Second and FINAL Reading, seconded by Mrs. Smith.
Upon roll call the Commission voted as follows: Mrs. Smith
-18- 7/19/94
Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mayor Lynch -
Yes. Said motion passed with a 4 to 0 vote.
11. Comments and Inquiries on Non-Agenda Items from the
Public- Immediately following Public Hearings.
11.A. City Manager's response to prior public comments and
inquiries.
In response to an inquiry for a proposal for a right
turn lane where Homewood Boulevard intersects Atlantic Avenue,
staff reviewed the traffic counts and what the traffic conditions
will be after the widening is completed. It has been verified
that there is sufficient right-of-way but we will not know if an
additional lane is warranted until such time that the improve-
ments are completed.
The City Manager responded to a question regarding the
overgrowth of landscaping at Veterans's Park. The overgrowth has
been cleaned up and will be maintained until such time as the
facility is demolished.
Upon question by Mayor Lynch relative to the pumps at
the new Lift Station, the City Manager explained that horsepower
has to be increased in two other lift stations. Work is proceed-
ing on both pumps. He noted that the second pump also needs
increased power; however, that depends upon FP&L's ability to get
additional power to the lift station.
11.B. From the Public.
11.B.1. Lillian Feldman expressed concern regarding insuffi-
cient lighting along Homewood Boulevard and requested that the
City check into the matter.
11.B.2. Bill Schwartz, 3863 Live Oak Boulevard, noted the
absence of the All-America City banner from the Chambers and
suggested that it be returned.
Mr. Schwartz stated that he is very proud of the City
and its many accomplishments and suggested that proper signage be
installed on every north and south arterial roadway to welcome
people to the City of Delray Beach, an "Ail America City".
At this point the Commission proceeeded to the First
Readings portion of the Agenda.
12. First Readings:
12.A. ORDINANCE NO. 58-94: An ordinance amending Section
90.02, "Abandonment of Property or Wrecked or Inoperable Motor
Vehicles on Public Property", of the City's Code to provide that
enforcement officers be authorized to administer the provisions
of this section. If passed, public hearing on August 2, 1994.
-19- 7/19/94
The City Manager presented Ordinance No. 58-94:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 90, "ABANDONED PROPERTY; JUNKYARDS",
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION
90.02, "ABANDONMENT OF PROPERTY OR WRECKED OR
INOPERABLE MOTOR VEHICLES ON PUBLIC PROPER-
TY'', SUBSECTION (B), TO PROVIDE THAT ENFORCE-
MENT OFFICERS BE AUTHORIZED TO ADMINISTER THE
PROVISIONS OF THIS SECTION; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
Assistant City Attorney Tolces read the caption of the
Ordinance.
Dr. Alperin moved for the adoption of Ordinance 58-94
on FIRST Reading, seconded by Mrs. Smith. Upon roll call the
Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth
- Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed
with a 4 to 0 vote.
Prior to roll call, Dr. Alperin asked if there was any
financial responsibility on the part of the owner of the aban-
doned vehicle to pay for disposal charges.
Discussion was had relative to the City being able to
recoup expenses for disposal of abandoned vehicles. It was the
consensus of the Commission to direct the City Attorney to re-
search the matter.
The Commission returned to Item 9.J. on the Regular
portion of the agenda.
9.J. AGREEMEnT/SIX SOUT~ RESTAURA1F~: Consider a license
agreement between the City and Shahnt Restaurant Corp. (Six South
Restaurant) which would allow licensee to construct and maintain
a sidewalk along the west side of the bathroom building at the
corner of Atlantic Avenue and A1A, for limited access purposes.
The City Attorney stated that there are certain provi-
sions of the license agreement due to certain restrictions in the
deed, should there be any problem with the possibility of the
commercial use ceasing to exist.
Mayor Lynch asked if a termination clause was included
in the license agreement.
The City Attorney explained that the Commission has the
ability to add a termination clause with or without a sixty (60)
day prior notice.
-20- 7/19/94
Mrs. Smith asked if the liability insurance in the
amount of $500,000 was sufficient.
Mr. Tolces responded that in discussions with the
City's Risk Management Administrator, the amount was deemed
sufficient.
After discussion, Dr. Alperin moved approval of the
license agreement between the City and Shahnt Restaurant (Six
South Restaurant), with or without a written termination clause
of a sixty (60) day prior notice including liability insurance in
the amount of $1,000,000.00, seconded by Mr. Ellingsworth. Upon
roll call the Commission voted as follows: Mr. Ellingsworth -
Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes.
Said motion passed with a 4 to 0 vote.
9.K. (ADDENDUM ITEM) - CHANGE ORDER NO 1/ASPHALT CONSTRUC-
TION OF PALM BEACH, INC.: Consider add Change Order No. 1 in the
amount of $19,842.25 to Asphalt Construction of Palm Beach, Inc.
for work required to construct a temporary access road to School
Site "S" from the Linton Boulevard/Germantown Road intersection;
with funding from General Construction Fund - School Site "S"
(Account No. 334-3162-541-63.13).
Mr. Ellingsworth moved approval of Change Order No. 1
with Asphalt Construction of Palm Beach, Inc. in the amount of
$19,842.25, seconded by Mrs. Smith. Upon roll call the Commis-
sion voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr.
Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a
4 to 0 vote.
13. Comments and Inquiries on Non-Aqenda Items.
13.A.1. Mrs. Smith inquired as to the status of the blinking
traffic lights located on East Atlantic Avenue at 1st and 3rd
Avenues. She pointed out that the downtown merchants would like
to have the blinking lights remain at those locations as opposed
to the possibility of taking the lights out altogether.
Mrs. Smith reported that the Main Street Task Team has
extended an invitation to the Commission to attend a meeting
which will be held Wednesday, July 20th, at 5:15 P.M. at the
Delray Beach Chamber of Commerce.
Commissioner Smith complimented Police Officer Sherry
Settelen, Sergent Tamijo Kayworth, Officers Amy Sinnott and Rod
Payne on their achievements and awards which they had received
during the Florida Law Enforcement Olympics.
13.A.2. Dr. Alperin commented that he has received some appli-
cations for the Kids and Cops Committee from individuals who
appear to possess credentials which could be very beneficial to
the committee. He asked that staff forward these applications to
the Commission for review and suggested that perhaps the Kids and
-21- 7/19/94
Cops Ordinance be modified in some way to accommodate additional
membership.
13.A.3. Mr. Ellingsworth reported that the South Central
Regional Waste Treatment Development Board will be conducting a
budget meeting on Thursday evening (July 21st), and suggested
that members of the Commission attend if at all possible.
13.A.4. Mayor Lynch commented that he had recently received the
quarterly attendance report for the various City boards and
committees and was concerned about the irregular attendance of
some members at meetings. He emphasized the feeling that if
appointees are not going to make the commitment to attend and be
active on the boards, he will not support their ongoing appoint-
ments. He further feels that the three-meeting rule should be
strictly enforced.
The City Attorney noted that there are certain boards
and committees which are governed by statutory regulations as
opposed to the City's three-meeting rule, and that dismissal from
such a board is not necessarily automatic but requires that a
specific hearing process be followed. She advised that she had
prepared and distributed a memorandum to the chairpersons of all
the boards/committees informing them of the various rules and
regulations with respect to attendance at meetings.
Mayor Lynch expressed concern about the seeming lack of
participation on the part of some residents in certain areas
along Swinton Avenue with respect to watering the grass and
landscaping recently installed as part of the beautification
project.
Lula Butler, Director of Community Improvement, stated
that staff has provided friendly reminders which were placed on
the doors of residents along Swinton Avenue. She noted that this
is the third attempt by the City to remind the residents of their
commitment to maintain the beautification.
Mayor Lynch also advised that he had given a talk about
Delray Beach and how it has changed, its accomplishments and the
"reinventing government" perspective of the Commission at a
meeting of cities from Palm Beach County recently, and he was
contacted by the Florida League of Cities about giving it at the
upcoming convention in August which he has agreed to do.
13.B. The City Attorney stated that she will be sending the
Commission the Economic Development Ad Valorem Tax Exemption
Ordinance of Palm Beach County. It essentially provides for
certain tax exemptions on new businesses that meet the definition
of the number of employees, and expanding businesses, which may
have some impact especially on the CRA. She advised that the
County may be anticipating it going to referendum in September
because it would take such a vote, so she will be looking for
input from the Commission and their feelings on it.
-22- 7/19/94
13.C. The City Manager advised that his office has an intern
working with them for about four or five weeks, and asked Mr.
Barcinski to introduce him.
Mr. Barcinski introduced Mr. Dedrick Straghn, a gradu-
ate of Atlantic High School who will be entering his Junior year
at Bethune Cookman in the fall. His major interests are in
politics and law. Mr. Straghn has been hired as a management
intern with the City Manager's Office and will be working on two
special projects during his time with us; one being the develop-
ment of a fee booklet, by department, of all the various fees in
the city and the other, assisting in the gathering of the new
boundary maps for the school districts by putting together and
analyzing some of the statistical data.
There being no further business, Mayor Lynch declared
the meeting adjourned at 9:30 P.M.
ATTEST:
- M AZ ,0 E
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 July 19, 1994 which min-
utes were formally approved and adopted by the City Commission on
-City- C~erk - '
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- 7/19/94
school and city bF w~miir, g Lwo I:irst:-place
novelt:y and pr'op a~(t ~-~ third place nation,a1 title i~ jazz.
~e won choreograpl~y awards and so]oist achievements as weil.
Ak this time I would l~ke to pre~ent a plaque
wt~ich reads as roi lows:
"Irt Appreci. atio~l (:() the Citx o
I)elray Beach for Your Fi~ancial
Stipport and Flevotio~ fo our
A.H.S. Eag'l e-El te~ [993-94
Jea~ep~hi[)~ self-esteem, and aporlsmetn~i~ip, ] am aski~,o'~
(::otnmun~ 1:~' a~d ci ry. Hrs. (:ar()ie Shet let' , ()u~' [)r~,::~[)c~l
national a~d i,~t:err]at, io~al g()atx. FuJJ(i r'~-~isi~,<~ ,-~(:i. ivi~.
Cer'ern()l~ies. Please tonal(let tills a pr'i(,rity as we seek
N~ndi ~eese
Past 2:nd Lt:.,
E-Eries and Co.
AHS