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09-27-94 SEPTEMBER 27, 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, September 27, 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 Commissioner Ran- dolph. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mr. Ellingsworth moved for approval of the Agenda, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Mr. Ellingsworth - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Dr. Alperin moved for approval of the Minutes of the Special Meeting of September 20, 1994, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6.A. Free Sons of Israel Week - October 31 to November 6, 1994: Mayor Lynch read and presented a proclamation proclaim- ing the week of October 31 to November 6, 1994, as Free Sons of Israel Week and urged all citizens to join together and commemo- rate this worthy organization's 145th anniversary. Mr. and Mrs. Hyman Robinson and Mr. and Mrs. Bernard Fenster came forward to accept the proclamation. 6.B. Alzheimer's Disease Awareness Month - November, 1994 Mayor Lynch read and presented a proclamation proclaim- ing the month of November, 1994, as Alzheimer's Disease Awareness Month and urged all citizens to support the Alzheimer's Associa- tion of Greater Palm Beach County and commitment to awareness of this disease. Mary Barnes, Executive Director of the Alzheimer's Association, came forward to accept the proclamation. 6.C. National Arts and Humanities Month - November, 1994. Mayor Lynch presented a proclamation in recognition of the month of November, 1994, as National Arts and Humanities Month. 6.D. Recoqnizing the October 1, 1994 Installation of the South Palm Beach County Chapter of Jack and Jill of America, Incorporated. Mayor Lynch read and presented a proclamation recogniz- ing the Installation of the South Palm Beach County Chapter of Jack and Jill of America, Incorporated. The Installation Ceremo- ny will be held on Saturday, October 1, 1994, at 5:00 p.m. in the Cornell Museum at Old Square School, with a reception for the public at 6:00 p.m. Mayor Lynch urged all citizens to support this worthy organization. Charlotte Durante came forward to accept the proclamation. 7. Presentations: 7.A. RESOLUTION NO. 80-94: A resolution recognizing and commending Edward E. Foster for 25 years of dedicated service to the City of Delray Beach. The City Manager presented Resolution No. 80-94. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING EDWARD E. FOSTER FOR TWENTY- FIVE YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (Copy of Resolution No. 80-94 is on file in the offi- cial Resolution Book) The City Attorney read Resolution No. 80-94 in its entirety. Mr. Randolph moved for approval of Resolution No. 80-94, seconded by Mr. Ellingsworth. Upon roll call the Commis- sion voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 2 9/27/94 Joe Weldon, Director of Parks and Recreation, presented a clock and a plaque on behalf of the City and read the caption of the plaque in its entirety. Mr. Weldon thanked Ed Foster for his twenty-five years of dedicated and committed service to the tennis community. Ed Foster expressed his appreciation for being employed by the City for so many years and read a letter written in honor of his retirement from his daughter, Tracy, into the record. 7.B. A Children's Charter - Maureen Hudson, Palm Beach County Community Action Council Maureen Hudson, Executive Director of the Palm Beach County Community Action Program, stated that the Charter was created in support of efforts by the Community Action Council and the Children's Services Council. Ms. Hudson gave a brief presen- tation and distributed handouts to the Commission members. She hoped that the City of Delray Beach would be the first munici- pality in Palm Beach County to formally adopt the Children's Charter. The City Manager questioned some of the language contained in the Preamble of the Children's Charter and stated that he was uncertain as to any ramifications which would be placed upon the City should the Commission adopt the Charter. He emphasized that the City outwardly demonstrates its support by contributing to various children's agencies. He stated that he has strong reservations relative to the Charter itself and could not recommend that the Commission support an issue if the lan- guage is not clear. Ms. Hudson explained that by adopting the Charter, the Commission will be affirming its commitment to improving the quality and standard of life for children living in Palm Beach County, recognizing the need for improvement and a willingness to focus energies in that direction. By adopting the Charter, the Commission would be approving very general principles in concept. The City Attorney asked Ms. Hudson if she would accept amendments or a caveat written on the bottom of the Preamble, such as approval of individual programs? It was pointed out by Ms. Hudson that she is not the author of the Children's Charter and would have to defer this question to the Children Services Council. She noted that the organization was asking for a conceptual agreement and not a structured policy. Mayor Lynch stated that he would support the Charter in principle only, as he also had reservations regarding the lan- guage. 3 9/27/94 Dr. Alperin moved for approval, in principle only, of A Children's Charter, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 8. Consent Agenda: City Manager recommends approval. 8.A. TRAINING AGREEMENT WITH PALM BEACH COUNTY: Approve renewal of the training agreement between the School District of Palm Beach County and the City, for the period July 1, 1994 through June 30, 1995. 8.B. INITIATION OF ANNEXATION AND FUTURE LAND USE MAP AMEND- MENT: Initiate the annexation with initial zoning of R-l-AA (Single Family Residential) District and Future Land Use Map amendment from County MR-5 (Medium Residential/5 units per acre) to City Low Density (0-5 units per acre), for a 0.51 acre parcel of land located on the east side of Swinton Avenue, south of Tangerine Trail (extended) and just north of N.W. 22nd Street. 8.C. REQUEST FOR FEE WAIVER/ST. PAUL'S A.M.E. CHURCH: Approve a request to waive the rezoning application fee for St. Paul's A.M.E. Church on N.W. 5th Avenue, pursuant to LDR Section 2.4.3(K) (7) (b). 8.D. ACCEPTANCE OF EASEMENT DEED/LINTON OFFICE PARK: Accept an easement deed for a sanitary sewer extension associated with Linton Office Park, located on the south side of Linton Boulevard just east of the Linton Oaks Square commercial development (Boca Rey Plaza). 8.E. CONTRACT EXTENSION/VULCAN PEROXIDATION SYSTEMS, INC.: Approve Modification No. 5 to the Agreement with Vulcan Peroxidation Systems, Inc. to extend the agreement until December 3, 1994, so that Vulcan can continue to supply odor abatement chemicals to the City while the service is being rebid. 8.F. REQUEST FOR FINAL PAYMENT/MOCK, ROOS & ASSOCIATES, INC.: Approve final payment under Service Authorization No. 1 in the amount of $7,339.84 to Mock, Roos & Associates, Inc. for consulting services in the preparation of the Stormwater Master Plan; with funding from Stormwater Utility Fund - Master Plan (Account No. 448-5411-538-62.12). 8.G. CHANGE ORDER NO. i AND FINAL PAYMENT/JOHNSON-DAVIS, INC.: Approve deduct Change Order No. 1 in the amount of $1,750.10 and time extension of 71 calendar days, and a request for final payment (inclusive of the change order) in the amount of $11,741.39 to Johnson-Davis, Inc. for completion of their work on the S.W. 7th Avenue Roadway & Utility Construction project; with funding from Water and Sewer Renewal & Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84). -4- 9/27/94 8.~. RESOLUTION NO. 78-94: Approve a resolution assessing costs for abatement action required to remove nuisances on 23 properties throughout the City. RESOLUTION NO. 78-94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCAT- ED WITHIN THE CITY OF DELRAY BEACH AND PRO- VIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATE- MENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (Copy of Resolution No. 78-94 is on file in the offi- cial Resolution Book) 8.I. AWARD OF BIDS AND CONTRACTS: 8.I.1. Bid Award - to Chemical Lime Company for bulk quick- lime, at an estimated annual cost of $225,659.77 via City of Boynton Beach Co-op Bid #041-134-94/CJD, with funding from Water Treatment and Storage (Account No. 441-5122-536- 52.21). 8.I.2. Bid Award - to Liquid Carbonic for C02, Carbon Dioxide, at an estimated annual cost of $63,104.00 via City of West Palm Beach Bid #83/83-94, with funding from Water Treatment and Stor- age (Account No. 441-5122-536-52.21). 8.I.3. Contract Award - to Kent Meters, Inc. for water meters, at an estimated annual cost of $51,430.00 via Broward County's Bid #C-07-93-27-12, with funding from Water Meter Replacement Program (Account No. 442-5178-536-61.81). 8.I.4. Contract Award - to various vendors for chemicals and fertilizers, at an estimated annual cost of $123,935.45 via Palm Beach County Co-op Bid #94-73. Funding in the amount of $90,679.25 is available from Golf Course - Gardening Supplies (Account No. 445-4714-572.52-26); and $33,256.20 from Parks - Gardening Supplies (Account No. 001-4131-572.52-26). Mr. Ellingsworth moved for approval of the Consent Agenda, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Mr. Ran- -5- 9/27/94 dolph - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9. Regular Agenda: 9.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 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 September 12 through September 23, 1994. Dr. Alperin moved to receive and file the report, sec- onded 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 - Yes. Said motion passed with a 5 to 0 vote. 9.B. AMENDMENT NO. 2/RAMBLIN' ROSE RIVERBOAT, INC. LICENSE AGREEMENT: Consider Amendment No. 2 to the License Agreement with the Ramblin' Rose Riverboat. The City Attorney highlighted the principle issues of the amendment as follows: allowing the licensee to operate dockside due to unforeseen circumstances such as inclement weath- er, machinery breakdown or failure of the bridge at Atlantic Avenue or in conjunction with certain events, such as the Delray Affair, Art & Jazz on the Avenue and St. Patrick's Day. Ail of these, cumulatively, cannot exceed a maximum of thirteen days. At all times the operation must comply with all laws and regula- tions of the State, specifically including all County and State alcoholic beverage rules and regulations. The entertainment on board shall cease and the customers shall disembark no later than 10:30 P.M., except for New Year's Eve. Ail music on board must comply with all City's noise limitations and ordinances; that the calliope shall not be played while docked. Also, there is a provision for a written complaint and a review by the City Manag- er every six months; the installation of a sewer line; and, compliance with all sewerage regulations and an indemnification clause. It was pointed out by the City Attorney that the Beach Property Owners have expressed concern regarding the issue of alcoholic beverages. She noted that somehow the liquor license which Dane Mark, Captain of the Ramblin' Riverboat, had applied for was apparently different than the one which was issued by the State. She noted that this was not Captain Mark's fault and it is her understanding that this issue has been since corrected. This license allows alcoholic beverages to be served dockside an hour before leaving the dock. The City Attorney advised that she has spoken with Captain Mark and he thoroughly understands the terms of his alcoholic beverage license; also, that the Captain has met with the issuing agency and has committed to operating within the required guidelines. -6- 9/27/94 The City Attorney distributed a letter received from May L. Buchanan, Acting President of the Barr Terrace Board of Directors, which requested certain additions and/or changes be made to the amendment. Kevin Egan, Chairman of the Joint Venture, stated that at a recent Commission meeting it was suggested that four groups meet to seek to resolve any outstanding issues (a representative from the Joint Venture, a representative from Barr Terrace Condo- minium, a representative from the City, and Captain Mark). However, after this group had reached an agreement, he learned later that representatives from Barr Terrace and the Beach Prop- erty Owners Association had renegotiated the contract. He ex- pressed his disappointment and irritation that this negotiation had jeopardized the compromise which had been previously reached. Mr. Egan felt that he should receive an apology because he had reported to his three boards as to what the agreement contained after the initial meeting. He felt that the changes which were made afterwards were definitely not in good faith. The only problem that Mr. Egan had with the agreement (including recent changes) is that after the special event (Art & Jazz on the Avenue), the City's alcoholic beverage regulations should be waived for every business establishment along Atlantic Avenue, including the Ramblin' Rose Riverboat. The City Attorney clarified that all businesses have to comply with the State's regulations regarding alcoholic beverag- es; however, the City's prohibition can be waived but the City does not have the authority to waive any particulars regarding Captain Mark's license. On behalf of the Commission, Mayor Lynch expressed appreciation to Mr. Egan for all the time and effort that he has put forth during the initial negotiations. He was optimistic hopefully everything will work out successfully and will be of benefit to the City. Mr. Randolph expressed concern that the Commission should have been aware of any disagreements among any particular individual or group regarding any activity of the riverboat. Mayor Lynch stated that he was happy to see the amend- ment in the agreement with allows the City Manager's review every six months. He commented that it is unfair to hear complaints which are two years old. Mr. Ellingsworth moved for approval of Amendment No. 2 for the Ramblin' Rose Riverboat, Inc. License Agreement, subject to incorporating one change suggested by the Barr Terrace Condo- minium relative to the time frame for disembarking upon an early return to dock. Mayor Lynch passed the gavel to Vice-Mayor Alperin in order to second the motion. Upon roll call the Com- mission voted as follows: Vice Mayor Alperin - Yes; Mr. 7 9/27/94 Ellingsworth - Yes; Mr. Randolph - Yes; Mr. Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. Prior to roll call lengthy discussion ensued. Mrs. Smith stated that she wanted it perfectly clear that all parties thoroughly understand the issue regarding alcoholic beverages and that the State laws cannot be superseded by the City's regula- tions regarding serving of alcohol at special events. The City Attorney noted that the Ramblin' Rose River- boat can serve alcohol beverages only during the hour prior to the riverboat's departure. She pointed out that there are also special regulations in regard to individuals drinking alcohol during special events and then walking around the downtown area and the City's liability if an accident should occur on City property. It was reported by the City Manager that he had recent- ly responded to the Director of the Chamber of Commerce's inquiry regarding special events which will be held during the month of October and the issue of liability on the City's part. The City Manager noted that the Commission had previously directed a waiver of the open container prohibition should not be approved unless Joint Venture provides the City with a certificate of insurance showing that Joint Venture has obtained alcohol liabil- ity insurance. Further, perhaps alcohol liability insurance is the incorrect type of insurance to ask for and requested clarifi- cation from the Commission as to the exact type of insurance which should be required for the events. He pointed out that Joint Venture, in itself, is not the type of entity that has insurance since it is the participating agencies which should have the insurance. Mayor Lynch clarified that the liquor insurance liabil- ity only covers an establishment which sells liquor to either a minor or to an habitual alcoholic and for actions which they might cause. He stated that is not the type of liability which is needed and suggested a hold harmless liability agreement which is what he felt should be required any time City property is used. Dr. Alperin stated for the record that he would support the amendment, however reluctantly, as he felt that the issue should have been a private property issue which would not have involved any participation on the City's part. 9.C. RELOCATION OF DELRAY DEPOT TO WORTHING PARK: Determine whether Worthing Park should be considered as a possible site to relocate the Delray FEC Depot building for the proposed use as a tourist information center. Mayor Lynch stated that Mr. Robert Cullen, a private party, has approached Sun Bank to see if the old Delray Beach Train Depot Building could be preserved and moved to Sun Bank's -8- 9/27/94 property at Atlantic and Third Avenues. Since Sun Bank has not as yet responded to Mr. Cullen's request, an alternative site needs to be considered in case Sun Bank denies the request. The City Manager stated that the City Attorney's Office is continuing to review this issue to determine if there are any legal obstacles, although in initial review, the deed did not disclose any restrictions nor has there been a title search. Fred "Fritz" Devitt, III, President of the Delray Beach Historical Society, stated that the Society has agreed to provide the funding for the purchase and relocation of the Delray Beach Train Depot Building. The Chamber of Commerce has expressed an interest in providing a "Welcome Center" and general information site, staffing the center, etc. The Society is also working with the Palm Beach County Historical Society and others in the reno- vation of the building. He stated that the Society hopes that the City would be willing to relocate the facility at Worthing Park should the Sun Bank parking lot not be available. Upon question by Dr. Alperin relative to what agency will be responsible for the maintenance of the site, Mr. Devitt stated that the Delray Beach Historical Society would initially maintain the site after the building is first relocated and renovated; however, the Society hopes that the City would be willing to take the responsibility for maintenance thereafter. Mr. Dewitt reported that he will be meeting with repre- sentatives from the Sun Bank tomorrow and is optimistic that the meeting will go well and that a lot of questions will be an- swered. Mr. Randolph suggested that at this point, action should be delayed until such time that Sun Bank makes a determi- nation on the use of its site. After discussion, it was the consensus of the Commis- sion to go on record as being in favor of relocating the depot to the Sun Bank parking lot site as the first choice, with a will- ingness to support the effort as much as possible. At this point, Mr. Robert Cullen addressed the Commission and asked for the opportunity to come back to the Commission if negotiations with Sun Bank fail. By consensus, the Commission advised Mr. Cullen that they would be willing to discuss the matter further at such time that Sun Bank has made its determination. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearing portion of the agen- da. 10. Public Hearings: 10.A. RESOLUTION NO. 75-94: A resolution levying a tax on all properties within the City for maintenance and operation, and 9 9/27/94 for payment of principal and interest on bonded indebtedness, for FY 1994/95. Prior to consideration of passage of this resolu- tion, a public hearing has been scheduled at this time. The City Manager presented Resolution No. 75-94: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERA- TION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTED- NESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (Copy of Resolution No. 75-94 is on file in the offi- cial Resolution Book) The City Attorney read Resolution No. 75-94 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. Joe Camarotta, representing the Tropic Palms Homeowners Association, expressed concern about increasing taxes while property values have been decreasing in his area. The public hearing was closed. Dr. Alperin moved for the adoption of Resolution No. 75-94, seconded by Mr. Ellingsworth. Upon roll call the Commis- sion voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph- Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Prior to roll call the City Manager stated the City Commission has adopted a new millage rate which exceeds the rolled-back rate by nine tenths of one percent. 10.B. RESOLUTION NO. 76-94: A resolution levying a tax on all properties within the Downtown Development Authority Taxing District for FY 1994/95. Prior to consideration of passage of this resolution, a public hearing has been scheduled at this time. The City Manager presented Resolution No. 76-94: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVEL- OPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLEC- TIONS THEREUNDER. -10- 9/27/94 (Copy of Resolution No. 76-94 is on file in the offi- cial Resolution Book) The City Attorney read Resolution No. 76-94 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 Resolution No. 76-94, seconded by Dr. Alperin. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 10.C. RESOLUTION NO. 77-94: A resolution making appropria- tions of sums of money for all necessary expenditures of the City for the period October 1, 1994, through September 30, 1995. Prior to consideration of passage of this resolution, a public hearing has been scheduled at this time. The City Manager presented Resolution No. 77-94: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPRO- PRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1994, TO THE 30TH DAY OF SEPTEMBER, 1995; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCON- SISTENCY. (Copy of Resolution No. 77-94 is on file in the offi- cial Resolution Book) The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Larry Parker, Advisory Chairman of the OutReach Office of the Urban League of Palm Beach County, Inc., asked for contin- ued support from the City of Delray Beach so that the OutReach Office will be able to be opened five days a week. If funding is not received, then there will have to be cut backs which, of course, will hinder the people who need help. He pointed out that the Urban League has cut back on its own by laying off three -11- 9/27/94 staff members and moving its service center from rental space to offices at the former Carver Middle School which is more cost effective. Mr. Parker emphasized that the Urban League is not just asking the City to fill a gap that has been created and that the organization has undertaken its own drastic measures to try to survive. It was reported by the City Manager that $15,000 was already included in the Community Development Block Grant's budget for the Urban League. He added that another $15,000 could possibly be added to bring the total amount to $30,000. Dr. Alperin asked if it was the transferring of respon- sibility in order to provide services and wondered if the City will have to take such requests just because other agencies are backing out of donations. Mayor Lynch recommended that the Commission approve the funding request for this fiscal year with the understanding that staff be directed to offer its services in order to investigate other alternatives in order to help cut some of their expenses and to try to get the Urban League the extra $15,000. The City Manager commended the Urban League's program for stopping leaks and water conservation and thought perhaps funding could possibly be accommodated out of the Utility Funds as it will offer the opportunity to help reduce the water bills for those who need it the most. Joe Camarotta, resident of Tropic Palms Subdivision, informed the Commission of a broken water pipe which is leaking and causing a sink hole which is very near his swimming pool. After calling the City, he was informed that there was insuffi- cient monies to repair the drainage and that City staff had temporarily covered the sink hole with rocks and dirt. He also noted that sidewalks are in need of repair in this community. Mayor Lynch advised that the ideal time to report concerns such as these would be at the annual Town Meeting which is held in January, or at the Planning and Zoning Board public hearings on community infrastructure needs. They can then be incorporated into work plans and funding allocations can be scheduled. In the interim, it was suggested that the Tropic Palms Homeowners Association contact the Director of Environmen- tal Services for possible relief. The public hearing was closed. Mrs. Smith moved for the adoption of Resolution No. 77-94, with direction to the City Manager to try to provide the additional $15,000.00 in funding to the Urban League, seconded by Dr. Alperino Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. -12- 9/27/94 Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.C.1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PROGRAM: Approve the Five Year Capital Improvement Program for Fiscal Years 1994/95 through 1998/99. Prior to consideration of this item, a public hearing has been scheduled at this time. 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 approval of the Five Year Capital Improvement Program, 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. 10.D. ORDINANCE NO. 73-94: An ordinance amending Chapter 51, "Garbage and Trash", Section 51.70, "Regular Charges Levied", of the City's Code, to provide for changes to the rates charged for garbage, recycling and trash services, and for other purposes. 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. 73-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR RATES CHARGED FOR GARBAGE, RECYCLING AND TRASH SERVICES PROVIDED TO RESIDENTIAL CUSTOMERS; TO PROVIDE FOR THE ELIMINATION OF REAR-DOOR/SIDE-DOOR PICKUP SERVICE AND REPLACING IT WITH CURBSIDE SERVICE; TO PROVIDE FOR INCREASED GARBAGE AND TRASH SERVICE CHARGES AND FEES FOR COMMERCIAL SERVICE; TO PROVIDE FOR AN INCREASE IN THE FEE FOR RESIDENTIAL CUSTOMERS FOR RECYCLING SERVICE; TO PROVIDE FOR AN INCREASE IN THE FEE FOR SEPARATE VEGETATION COLLECTION SER- VICE; TO PROVIDE FOR INCREASE CHARGES FOR 90-GALLON CART SERVICE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 73-94 is on file in the official Ordinance Book) -13- 9/27/94 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Based on the Commission's discussion at the last work- shop meeting, the City Manager recommended that Ordinance No. 73-94 be denied at the conclusion of the public hearing. He explained that an alternate ordinance is on tonight's agenda under First Readings (Item 12.A.) which only addresses the rate increase required by our contract with Waste Management. It does not propose any changes to the types of collection service being provided to the City's residents. For clarification purposes, Mayor Lynch explained that the intent is to have the garbage collection remain the same as it exists today; however, there will be a slight increase in rates. Should a homeowners' association or a specific neighbor- hood wish to make a change in the type of collection service they are receiving, they should come before the Commission with their petition and the City would then approach Waste Management as to the feasibility of the request. Gerald Merckel, Tropic Isles, stated that for seventeen years he was unaware that there was a different rate for differ- ent types of collection service. He stated that he and other residents along Gardenia Drive take trash out to the street when they have been paying for back door service for all these years. He feels that he should only pay for the service he is actually receiving. Joe Camarotta, resident of Tropic Palms, pointed out that Waste Management provides a flyer notifying that residents would have to pay extra for backdoor service. He complained of having to pick up trash and garbage after the truck goes by and of trash receptacles along the streets. He suggested only back- door pickup service would eliminate this problem. Jean Beer, Tropic Isle, stated that residents in her area are divided between curbside and backdoor pickup and noted that this was the way it originated simply because the City assigned the areas. Marie Nofsinqer asked why the rates for collection service were being increased at all? Mayor Lynch explained that the rates are raised auto- matically because the contract with Waste Management calls for it to be raised based on an increase in the cost of living and when their dumping fees are increased. The only way collection ser- vice can be changed is when the area you live in wishes it to be changed and the City will work with Waste Management in order to get the community a reduced rate. -14- 9/27/94 John Tallentire, 11 N.E. 6th Street, was satisfied with the service in his area but felt that the trash receptacles were unattractive. Mike Kovacs, owner of rental property on N.E. 3rd Avenue, stated that his rentals have unknowingly been paying for backdoor service for years, but have never received the service. He suggested better communication on the part of the City and Waste Management with the residents. Debra Dowd, representing the Del Park Homeowners Asso- ciation, suggested that it should be written in the contract that Waste Management should provide notification advising the public as to the type of service that is available and that it be avail- able in several languages. The public hearing was closed. Mr. Ellingsworth moved to deny Ordinance No. 73-94 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph Yes; Mayor Lynch - Yes; Mrs. Smith. Said motion passed with a 5 to 0 vote. Mr. Ellingsworth left the Commission Chambers prior to consideration of the following item. 10.~. ORDINANCE NO. 70-94: An ordinance amending Section 71.060, "Parking Meter Permits", of the City's Code to provide that only City residents may obtain a parking permit, establish- ing an annual fee for the permit, and providing for the transfer of a permit and issuance of a substitute sticker to a permit holder for a substitute vehicle. 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. 70-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS", SECTION 71.060, "PARKING METER PERMITS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO ESTABLISH THAT CITY RESIDENTS MAY OBTAIN A PARKING PERMIT, ESTABLISHING A FEE FOR THE PARKING PERMIT; TO PROVIDE FOR THE TRANSFERRING OF PARKING PERMITS AND THE ISSUANCE OF SUBSTITUTE STICKERS FOR A SUBSTI- TUTE VEHICLE ACQUIRED BY THE SAME PERMIT HOLDER SUBSEQUENT TO THE ISSUANCE OF THE ORIGINAL PARKING PERMIT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. -15- 9/27/94 (Copy of Ordinance No. 70-94 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. Helen Coopersmith complained of the availability of beach parking (metered) and asked if any City park would be set aside for resident parking only. The City Manager responded that the beach parking stickers are restricted for parking lots only and not for parking along A-1-A. He commented that the City has been losing money on the beach parking permits. Joe Safford, Finance Director, stated that the depart- ment has received numerous calls from non-residents who have in past years been able to purchase beach parking permits for non- residents. The complaint is that they are being "frozen out" by now not being allowed to purchase the beach parking permits. Mrs. Smith stated that she also has received many calls in this regard and suggested that non-residents be charged a double fee for beach parking. Mayor Lynch pointed out that the City purchased the land and pays for its maintenance. He felt that the parking permits should be limited to City residents only. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance 70-94 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. Mr. Ellingsworth returned to the Commission Chambers. 10.F. ORDINANCE NO. 68-94: An ordinance designating the Milton-Myers Post No. 65, The American Legion of the United States, located at 263 N.E0 5th Avenue, as a Local Historic Site. 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. 68-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE MILTON-MEYERS POST NO. 65 OF THE AMERICAN LEGION OF THE UNITED STATES, LOCATED AT 263 -16- 9/27/94 N.E. 5TH AVENUE, AS MORE PARTICULARLY DE- SCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MAN- NER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 68-94 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 compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mayor Lynch stated that a request for postponement has been received from the petitioner. Dr. Alperin moved to continue second reading and public hearing for Ordinance No. 68-94 to the date certain of October 18, 1994, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 67-94: An ordinance rezoning Lake Ida Park from CF (Community Facilities) District to OSR (Open Space and Recreation) District. The subject property is located on the north side of Lake Ida Road, between Interstate-95 and Lake Ida, and contains 46.51 acres. 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. 67-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND KNOWN AS LAKE IDA PARK, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM CF (COMMUNITY FACILITIES) DISTRICT TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING LOCATED ON THE NORTH SIDE OF LAKE IDA ROAD, BETWEEN INTERSTATE-95 AND LAKE IDA; 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. 67-94 is on file in the official Ordinance Book) -17- 9/27/94 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. The public hearing was closed. Mr. Randolph moved for the adoption of Ordinance 67-94 on Second and FINAL 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. 10.H. ORDINANCE NO. 69-94: An ordinance amending Chapter 70, "Traffic Regulations", of the City's Code by enacting Section 70.03, "Combat Automobile Theft Program", to provide for the administration of the program and an administrative fee. 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. 69-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 70, "TRAFFIC REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING SECTION 70.03, "COMBAT AUTOMOBILE THEFT PROGRAM", PURSUANT TO SECTION 316.008(6), FLORIDA STATUTES, PROVIDING FOR ADMINISTRATION OF THE PROGRAM; PROVIDING FOR AN ADMINISTRATIVE FEE; PROVID- ING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 69-94 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. Officer Jeff Miller stated that he has been working on the Combat Automobile Theft Program for approximately one year and is very enthusiastic about the program. He requested a waiver of the $1.00 administrative fee for a maximum period of three months. Officer Miller pointed out that if the Commission approves the ordinance tonight, the Police Department can immedi- ately begin registering vehicles. Mr. Ellingsworth moved for the adoption of Ordinance 69-94 on Second and FINAL Reading with the inclusion of a three (3) month waiver of the administrative fee of $1.00, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. -18- 9/27/94 Ellingsworth - Yes. Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.I. ORDINANCE NO. 66-94: An ordinance rezoning eleven parcels located within The Hamlet development from R-1-A (Single Family Residential) District and RM (Medium Density Residential) District to OS (Open Space) District. The subject property is located west of Homewood Boulevard on the south side of Atlantic Avenue, and contains 22.11 acres. 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 public hearing was closed. The City Manager presented Ordinance No. 66-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT AND RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN THE OS (OPEN SPACE) DISTRICT; SAID LAND BEING LOCATED WEST OF HOMEWOOD BOULEVARD ON THE SOUTH SIDE OF ATLANTIC AVENUE WITHIN THE HAMLET DEVELOP- MENT; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Copy of Ordinance No. 66-94 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. 66-94 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Mr. Ellingsworth - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. At this point the Commission moved to the Item 11. Comments and Inquiries portion of the Agenda. 11. Comments and Inquiries on Non-A~enda Items from the Public-Immediately followinq Public Hearings. 11.A. City Manaqer's response to prior public comments and inquiries. In response to Ms. Feldman's inquiry at the last meet- ing regarding the possibility of the prohibition of right turns on a red traffic signal, the City Manager reported that Palm -19- 9/27/94 Beach County will accept this under the following guidelines: 1) when pedestrian volumes will not permit a safe turn; 2) at school zones where children will be at risk; and, 3) if there is a sight obstruction where accidents occur regularly which can be attrib- uted to right turns on red. Palm Beach County will not prohibit right turn on red where exclusive right turn lanes exist such as Linton Boulevard/Military Trail, Atlantic Avenue/Military Trail, and Atlantic/Congress Avenues. If a right turn on red is prohib- ited at these intersections, the capacity of the intersection diminishes and motorists will tend to ignore the restrictions. 11.B. From the Public. ll.B.1. Lillian Feldman commented that the Monday/Thursday edition of the DELRAY NEWS had mistakenly published her position as Chairman of the Delray Breakfast Club and the United Property Owners. She pointed out that the two organizations had recently merged and that she was recently installed as President, not Chairman, of the new organization. 11.B.2. Marie Nofsinqer stated that she is a relatively new resident of the city and was not aware of the various permits and/or stickers (such as beach parking or the new automobile theft program) which are available. Ms. Nofsinger suggested this type of information be better publicized or made available to the residents. 11.B.3. Kenneth Graham, 42 N.W. 9th Avenue, stated that he lives in the area of The Paradise Club. He complained about the use of bullhorns by Police officers to clear loiterers from the area between the hours of 11:00 p.m. and 1:00 a.m. and sometimes later, without any regard for the neighborhood's residents who are trying to sleep. He emphasized that not everyone in this particular area of town is involved in criminal activities, and suggested that the Police Department be more sensitive to the working class in this community. Mr. Graham also expressed concern about jagged metal edges protruding from the railroad ties which had been placed by the City on N.W. 9th Avenue. He feels this presents a very dangerous situation, particularly for young children who might be playing in the area. 12. First Readinqs: 12.A. ORDINANCE NO. 80-94: An ordinance amending Section 51.70, "Regular Charges Levied", of the City's Code to provide for an increase in the rates charged for garbage, recycling and trash services provided to residential and commercial customers. If passed, public hearing on October 4, 1994. The City Manager presented Ordinance No. 80-94: -20- 9/27/94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR AN INCREASE IN THE RATES CHARGED FOR GARBAGE, RECYCLING AND TRASH SERVICES PROVIDED TO RESIDENTIAL AND COMMERCIAL CUSTOMERS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance Dr. Alperin moved for the adoption of Ordinance No. 80-94 on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. Prior to roll call, Mrs. Smith stated that she has received telephone calls from residents who feel that the charges are inequitable. She asked if staff could perhaps check into this matter. The City Manager explained that this issue has already been checked and that the difference is the method by which loose trash is being picked up. 12.B. ORDINANCE NO. 64-94: An ordinance amending the City's Code by enacting a new Chapter 57, "Telecommunication Right-of- Way Permits", to require companies who install communication systems within City rights-of-way to obtain a permit and to pay an annual fee. If passed, public hearing on October 18, 1994. The City Manager presented Ordinance No. 64-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", BY ENACTING A NEW CHAPTER 57, "TELECOMMUNICATION RIGHT-OF-WAY PERMITS", TO PROVIDE FOR THE ENACTMENT OF A NEW ARTICLE TO REQUIRE A PERMIT TO ASSESS FEES FOR TELE- PHONE, TELEMETRY, VIDEO, INTERCOM, DATA AND TELECOMMUNICATIONS LINES, CABLES AND CONDUITS WITHIN THE RIGHTS-OF-WAY WHICH PROVIDE TOLL AND PRIVATE TELEPHONE AND TELECOMMUNICATIONS SERVICES AND EXCLUDING FROM THESE FEES ALL UTILITIES AND ALL OTHER FRANCHISE SERVICE PROVIDERS USING THE RIGHT-OF-WAY AND TO SET FORTH THE TERMS AND CONDITIONS FOR SUCH PERMITS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. -21- 9/27/94 The City Attorney read the caption of the ordinance. The City Manager explained that Ordinance No. 64-94 and Ordinance 65-94 are related issues regarding communications technology. There is new technology forthcoming and the City would like to have control regarding communications systems throughout the City and also as a potential source of revenue. Mr. Ellingsworth moved for the adoption of Ordinance No. 64-94 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.C. ORDINANCE NO. 65-94: An ordinance amending the City's Code by enacting a new Chapter 58, "Wireless Communications Systems", to regulate the placement of cell sites throughout the City, and establishing a permitting process, fees for the per- mits, and a fee collection process. If passed, public hearing on October 18, 1994. The City Manager presented Ordinance No. 65-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", BY ENACTING A NEW CHAPTER 58, "WIRELESS COMMUNICATIONS SYSTEMS", TO PROVIDE FOR THE ENACTMENT OF A NEW CHAPTER TO REQUIRE A PERMIT FOR AND TO ASSESS FEES FOR THE PLACEMENT OF MICRO CELLS, PICO CELLS OR OTHER FORMS OF TRANSMITTERS AND RECEIVERS FOR THE PURPOSE OF PROVIDING TELEPHONIC, TELE- PHONE, TELEPOINT, PAGING OR OTHER SIMILAR WIRELESS COMMUNICATION SERVICES ON OR WITHIN THE RIGHTS OF WAY AND ESTABLISHING A PERMIT- TING PROCESS TO PROVIDE FOR THESE DEVICES IN COMMERCIAL OR RESIDENTIAL BUILDINGS NOT ZONED FOR THIS ACTIVITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Smith moved for the adoption of Ordinance No. 65-94 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. 12.D. ORDINANCE NO. 74-94: An ordinance amending Section 4.4.26, "Light Industrial (LI) District", of the Land Development Regulations by deleting certain requirements for properties which are zoned LI but which are not located within wellfield protec- tion zones. If passed, public hearing on October 18, 1994. -22- 9/27/94 The City Manager presented Ordinance No. 74-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.26, "LIGHT INDUSTRIAL (LI) DIS- TRICT'', SUBSECTION 4.4.26(B), "PRINCIPAL USES AND STRUCTURES PERMITTED" OF THE LAND DEVEL- OPMENT REGULATIONS OF ~HE CITY OF DELRAY BEACH, FLORIDA, TO LIMIT THE APPLICABILITY OF CERTAIN ZONE RESTRICTIONS TO PROPERTIES WHICH ARE LOCATED WITHIN WELLFIELD PROTECTION ZONES 1, 2 AND 3; PROVIDING A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin asked for clarification regarding the language used in Section 1. (B) (1) relative to materials used for testing and evaluation should not exceed an aggregate amount of twenty-five gallons. He asked if that meant 25 gallons per unit, day, week or month? The City Manager explained that the language mean that materials would be limited to twenty-five gallons per day. Mr. Randolph moved for the adoption of Ordinance No. 74-94 on First Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 12.E. ORDINANCE NO. 75-94: An ordinance amending Section 4.4.19, "Mixed Industrial and Commercial (MIC) District" Subsec- tion (H), "Special Regulations", of the Land Development Regula- tions to require that all principal and conditional uses must be conducted within an enclosed building. If passed, public hearing on October 18, 1994. The City Manager presented Ordinance No. 75-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMER- CIAL (MIC) DISTRICT", SUBSECTION 4.4.26(H), "SPECIAL REGULATIONS", OF THE LAND DEVELOP- MENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE THAT ALL PRINCIPAL AND CONDITIONAL USES SHALL BE CONDUCTED WITHIN AN ENCLOSED BUILDING, EXCEPT FOR OUTSIDE STORAGE OTHERWISE APPROVED; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. -23- 9/27/94 Mr. Randolph moved for the adoption of Ordinance No. 75-94 on First Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 12.F. ORDINANCE NO. 76-94: An ordinance amending the Land Development Regulations to allow the City Manager to grant admin- istrative relief for temporary satellite dishes and outdoor retail display areas when associated with special events. If passed, public hearing on October 18, 1994. The City Manager presented Ordinance No. 76-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2 . 4 . 7 (D) , "ADMINISTRATIVE RELIEF" SECTION 4.3.3(P), "SATELLITE DISH - SATELLIT~ TELEVISION ANTENNA", AND SECTION 4.6.6 (C) , "RESTRICTIONS ON OUTSIDE USAGE", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE THAT THE CITY MANAGER MAY GRANT ADMINISTRATIVE RELIEF FOR TEMPORARY SATELLITE DISHES AND RETAIL DISPLAY AREAS WHEN ASSOCIATED WITH SPECIAL EVENTS; 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 76-94 on First Reading, seconded by Mrs. Smith. Upon roll call the Com mission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith. Said motion passed with a 5 to 0 vote. 12.G. ORDINANCE NO. 77-94: An ordinance amending the Land Development Regulations by adding height and size limitations for accessory structures in residential zoning districts; deleting "guest cottages" as a permitted use in multiple family zoning districts. If passed, public hearing on October 18, 1994. The City Manager presented Ordinance No. 77-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-i) DISTRICTS", SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SECTION 4.4.6, ", MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", -24- 9/27/94 AND SECTION 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", BY ENACTING HEIGHT AND SIZE LIMITATIONS FOR ACCESSORY STRUCTURES; AMENDING SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", AND SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", BY DELETING GUEST COTTAGES AS PERMITTED ACCESSORY USES, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Smith moved for the adoption of Ordinance No. 77-94 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 12.H. ORDINANCE NO. 78-94: An ordinance amending Section 4.1.4, "Use of Lots of Record", of the Land Development Regula- tions to regulate the use of nonconforming lots of record in residential zoning districts other than R-1-A. If passed, public hearing on October 18, 1994. The City Manager presented Ordinance No. 78-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.1.4, "USE OF LOTS OF RECORD", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE THAT WHEN ADJACENT SUBSTANDARD LOTS ARE IN COMMON OWNERSHIP AND, WHEN COMBINED, MEET MINIMUM STANDARDS FOR AREA AND FRONTAGE, THE LOTS MUST BE DEVELOPED IN ACCORDANCE WITH THOSE STANDARDS IN RESIDENTIAL ZONING DISTRICTS OTHER THAN R-1-A (SINGLE FAMILY) DISTRICT; 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. 78-94 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 12.I. ORDINANCE NO. 79-94: An ordinance amending the Land Development Regulations to allow Educational Facilities as a conditional use and Home Tutorial Services as an accessory use in residential zoning districts; enacting specific regulations for same. If passed, public hearing on October 18, 1994. -25- 9/27/94 The City Manager presented Ordinance 79-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-i) DISTRICTS", SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", AND SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", TO PROVIDE FOR EDUCATIONAL FACILI- TIES AS A CONDITIONAL USE AND HOME TUTORIAL SERVICES AS AN ACCESSORY USE WITHIN THE DISTRICTS; AMENDING SECTION 4.3.4, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING SUBSECTION (HH) TO PROVIDE SPECIAL REQUIRE- MENTS FOR EDUCATIONAL FACILITIES, AND SUBSEC- TION (KK) TO PROVIDE SPECIAL REQUIREMENTS FOR HOME TUTORIAL SERVICES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Randolph moved for the adoption of Ordinance No. 79-94 on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Ellingsworth - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 12.J. ORDINANCE NO. 82-94: An ordinance amending the Land Development Regulations by repealing Article 7.8, "Unsafe Build- ings'', in its entirety, and enacting a new Article 7.8, "Unsafe Buildings or Structures", to provide rules and regulations for the protection of citizens from unsafe buildings or structures; establishing requirements and procedures. If passed, public hearing on October 18, 1994. The City Manager presented Ordinance No. 82-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ARTICLE 7.8, "UNSAFE BUILDINGS OR STRUC- TURES'', IN ITS ENTIRETY, AND ENACTING A NEW ARTICLE 7.8, "UNSAFE BUILDINGS OR STRUC- TURES'', TO PROVIDE FOR RULES AND REGULATIONS CONCERNING THE PROTECTION OF CITIZENS FROM UNSAFE BUILDINGS OR STRUCTURES; ESTABLISHING REQUIREMENTS AND PROCEDURES; PROVIDING A SAVINGS CLAUSE, GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. -26- 9/27/94 Dr. Alperin pointed out a typo on page 3, paragraph 2, noting that the word should be "decay" not "delay". He ques- tioned the requirement of filling a vacancy of a unexpired term on a City Board as outlined on page 11, Section 7.8.13(C). After discussion, it was the consensus of the Commis- sion that Section 7.8.13(C) be amended to read "should" rather than "shall" Mr. Randolph moved for the adoption of Ordinance No. 82-94 on First Reading as amended, seconded by Mrs. Smith. Upon roll call the commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. At this point the Commission returned to the remaining items under the Regular items portion of the Agenda. 9.D. REQUEST FOR ASSISTANCE/ROOTS CULTURAL FESTIVAL, INC.: Consider a request to assist with funding a paid staff person to coordinate the 1995 Roots Cultural Festival. Tommy Stevens, Chairman of the Roots Cultural Festival Board of Directors, stated that the festival has grown tremen- dously and has outgrown the many individuals who volunteer their services. He requested a part-time staff person to work for a period of thirty-two weeks, twenty-five hours a week at a rate of $10.00/hour, which comes to a total of $8,000 per year. He informed the Commission that the Board has acquired space at the Carver Middle School and will occupy that space on January 1, 1995. After discussion, it was the consensus of the Commis- sion that they could not support the request for a paid staff person. The Commission was very sensitive to the needs of the community and acknowledged that the many volunteers for the Roots Cultural Festival have done many positive things for the communi- ty and were most appreciative. Mayor Lynch complimented Mr. Stevens on a job well done and suggested that his board contact other agencies for their support, such as the Delray Beach Merchants Association, Joint Venture, etc. He offered the City's support via the City's Grant Administrator to offer assistance for the possibility of receiv- ing cultural grants which are funded through the Tourist Develop- ment Council. Mayor Lynch invited Mr. Stevens to attend the Commission's workshop meeting which will be held October 18th since one of the topics will be relative to how charitable and nonprofit organizations might be able to raise funds on their own. Dr. Alperin moved to deny the request from the Roots Cultural Festival for the funding of a staff person to coordinate the event, seconded by Mr. Randolph. Upon roll call the Commis- -27- 9/27/94 sion 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.E. REQUEST FOR DIRECTION/CATHERINE STRONG CENTER: Provide direction on the sublease and/or conveyance of the Catherine Strong Center with respect to the Boys and Girls Club. The City Attorney asked for direction reggrding this matter. She advised that the County has indicated they would recommend a 25 year sublease to the Boys and Girls Club. Howev- er, the Boys and Girls Club is not interested in a 25 year as- signment but want a longer period since they plan to spend a substantial amount of money on improvements to the property. After discussion, it was the consensus of the Commis- sion to ask the County for a 50 year lease, with the ultimate goal being to have the County turn the property over to the City. Dr. Alperin so moved, seconded by Mr. Randolph. Upon roll call the commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.F. CHANGE ORDER NO. 3/ALL-RITE PAVING CONTRACTORS, INC.: Consider Change Order No. 3 in the estimated amount of $61,792.50 and 14 additional calendar days, with All-Rite Paving Contrac- tors, Inc. for stormwater drainage S.W. 10th Street from S.W. 4 Avenue to S.W. 2 Avenue, with funding from Stormwater Utility - S.W. 10th Street Congress to Federal (Account No. 448-5411- 538-62.42). The City Manager stated that a final amount has not as yet been received from the contractor. He asked that the Commis- sion approve the change order up to the estimated amount of $61,792.50 since this will allow staff to continue negotiations with the contractor. Mr. Ellingsworth moved for the approval of Change Order No. 3 for All-Rite Paving Contractors, Inc., seconded by Mr. Ran- dolph. 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.G. APPOINTMENT OF AN ALTERNATE MEMBER TO THE PUBLIC EM- PLOYEES RELATIONS COMMISSION: Appoint an alternate member (neu- tral) to the Public Employees Relations Commission (PERC) to fill an unexpired term ending June 26, 1998. Commissioner Smith moved to appoint Lorraine Kasper as the alternate member (neutral) to the Public employees Relations Commission (PERC) to fill an unexpired term ending June 26, 1998, seconded by Dr. Alperin. Upon roll call the Commission voted as -28- 9/27/94 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.H. APPOINTMENT OF TWO MEMBERS TO THE POMPEY PARK ADVISORY COMMITTEE: Appoint two members (13 to 19 years of age) to the Pompey Park Advisory Committee. Mrs. Smith moved to appoint Jessie Gaskins to the Pompey Park Advisory Committee for an initial one year term, 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. Dr. Alperin moved to appoint Sam Brown to the Pompey Park Advisory Committee for an initial two year term, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith Yes. Said motion passed with a 5 to 0 vote. 9.I. RATIFICATION OF MEMBERS/KIDS AND COPS COMMITTEE: Consider ratifying the appointment of two new members to the Kids and Cops Committee. Mayor Lynch reported that Sergeant Ross Licata has recently been promoted and has submitted his resignation as the Coordinator for the Police Department for Kids and Cops. Mr. Ellingsworth moved to ratify the appointment of Edward Smith to the Kids and Cops Committee as a representative of the Delray Beach Police Department to fill an unexpired term ending April 22, 1995, and ratify the appointment of Reverend Bernard J. Pecaro as the representative for the Ministerial Association, for a two year term ending April 22, 1996, 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 was passed with a 5 to 0 vote. 9.J. RATIFICATION OF NEW APPOINTEES TO THE OLD SCHOOL SQUARE BOARD OF DIRECTORS: Consider ratifying new appointees to the Old School Square Board of Directors to serve a provisional one year term for 1994/95. Mrs. Smith moved to ratify the appointments to the Old School Square Board of Directors to serve a provisional one-year term for 1994/95 as follows: Sam Betor, Jeanne Dubin, Michael Manning, Claudette Paris, John Shipley, R.J. Sims and Michael Weiner, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mayor Lynch Yes. Said motion passed with a 5 to 0 vote. -29- 9/27/94 9.K. APPOINTMENTS TO THE OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION: Consider appointment of one regular and two alter- nate members to the Occupational License Equity Study Commission. Mrs. Smith moved to appoint Diane Marotta as a regular member of the Occupational License Equity Study Commission, sec- onded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin moved to appoint Roy Simon as an alternate member to the Occupational License Equity Study Commission, 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. Mr. Ellingsworth moved to appoint Vince Canning, Jr. as an alternate member to the Occupational License Equity Study Commission, seconded by Mrs. Smith. Upon roll call the Commis- sion 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.L. APPOINTMENT OF ASSISTANT CITY ATTORNEY I: Consider the appointment of Brian Shutt as Assistant City Attorney I, to be effective October 10, 1994. The City Attorney stated that Brian Shutt has worked in the City Attorney's Office as an intern and then as a part-time Law Clerk since January, 1994, and has recently passed the Flori- da Bar Exam. The City Attorney complimented Brian on his excel- lent work and highly recommended his employment. Dr. Alperin moved to appoint Brian Shutt as the Assis- tant City Attorney I subject to the terms and conditions as outlined in the City Attorney's memorandum dated September 22, 1994, seconded by Mr. Ellingsworth. Upon roll call the Commis- sion voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.M. EMPLOYMENT AGREEMENT/CITY ATTORNEY: Consider an Em- ployment Agreement between the City of Delray Beach and Susan A. Ruby. The City Attorney stated that one item left open in the agreement is the issue of severance pay in the event of termina- tion. After discussion, Mr. Ellingsworth moved to approve the Employment Agreement with the City Attorney, to include a ninety (90) day clause for severance pay, seconded by Mrs. Smith. Upon -30- 9/27/94 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. Due to the close relation of the following two items, the Commission concurred to consider them jointly. 9.N. SALARY REVIEW/CITY ATTORNEY: 9.0. SALARY REVIEW/CITY MANAGER: Mrs. Smith praised the City Manager and the City Attor- ney for their very professional performances, stating that she is extremely pleased with both individuals. Dr. Alperin stated that he feels the City could not be in better hands than with the present City Attorney and the City Manager. Many wonderful things have happened to Delray Beach as a result of the work of these two individuals. He further stated that he founds it extremely hard to put a dollar amount on the quality of such professional people. Although he opposes the idea of the maximum 5% increase, Dr. Alperin recommended a 4.5% increase for both the City Manager and City Attorney. Mrs. Smith felt that both individuals should have the maximum allowed which is a 5% increase. Mr. Randolph also stated that he was pleased with the performance of both individuals. However, he did have some reser- vations regarding some items which have happened during the City Manager's tenure with the City. He felt that the City Manager should have made more of an effort and/or concern regarding the Chief of Police not meeting with PEACE organization. He also was not pleased that one individual within the Police Department was fired from the City for allegedly lying while another officer was allowed to retire with benefits after allegedly stealing. Mr. Randolph felt that these incidents had sent the wrong message to certain parts of the community and he hoped that this image would be disspelled in the future. It was noted by Mr. Randolph that the City Manager has otherwise accomplished a great deal and has done a tremendous job with running the City and the two issues which he referenced were his only concerns. He asked that the Commission be more sensi- tive to the area in which he lives and stated that he will con- tinue to be as outspoken as possible. Mrs. Smith moved to approve a five percent (5%) in- crease in salary for the City Attorney, 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. The motion passed with a 5 to 0 vote. -31- 9/27/94 Mrs. Smith moved to approve a five percent (5%) in- crease in salary for the City Manager, 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. 13. Comments and Inquiries on Non-Aqenda Items. 13.A.1. Mr. Ellingsworth reported that the Metropolitan Plan- ning Organization recently approved the beautification grant for West Atlantic Avenue and that the grant will be forwarded to F.D.O.T.. He further reported that the grant for the Railroad Station did not look very promising, as it was placed last on the MPO's priority list of 26 projects. Mr. Ellingsworth expressed his appreciation to the other members of the Commission for attending the recent SCRWTD Board meeting. 13.A.2. With respect to the SCRWTD Board meeting, Dr. Alperin asked that the City Manager check with Boynton Beach to find out when they intend to schedule approval of the SCRWTD Board budget to make sure that Delray Beach isn't placed in any type of legal jeopardy situation. 13.A.3. Mrs. Smith inquired as to the date set for a workshop with the various charitable and non-profit organizations? The City Manager advised that the meeting is set for October 11, 1994. 13.A.4. Mayor Lynch asked the City Manager for his comments regarding a letter which he had recently received from the Andover Subdivision so that he could respond to their request. With respect to the City Manager's and City Attorney's annual review, Mayor Lynch stated that he has found it very helpful to establish a definite time frame within which to re- ceive a response from either the City Manager or the City Attor- ney to inquiries and/or direction. Also, he feels that the Commission should be very specific as to what their requests and needs are. Mayor Lynch stated that during the past weekend the Rod and Gun Club Restaurant on West Atlantic Avenue held a large party with a band and had apparently been issued a permit by the City. He reported that he had received a telephone call from The Hamlet complaining of loud music being played into the late evening. Allegedly, The Hamlet asked the restaurant to lower the noise. The restaurant didn't do it, so The Hamlet called the Police. The Police came out and were shown a letter from the Chief Building Official granting them approval for the event. Apparently, a lot of cars were parked along West Atlantic Avenue which was complicated more by the road construction. Mayor Lynch asked the City Manager to check into the matter as he though -32- 9/27/94 something might have inadvertently gone wrong or perhaps was not handled properly. Mayor Lynch advised that the City of Boca Raton had recently conducted a study on privatization of services and had provided him with copies of the report. He had copies available for those interested in reviewing it and left the remaining copies with the City Manager for distribution to interested parties. 13.B. The City Attorney thanked the members of the Commission for their support and for approving the hiring of Brian Shutt as Assistant City Attorney I. 13.C. The City Manager stated that he is very appreciative of the Commission's confidence and support during the past year. Mayor Lynch declared the meeting adjourned at 9:20 P.M. City' C~erk ' ATTEST: 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 September 27, 1994, which minutes were formally approved and adopted by the City Commission ; -33- 9/27/94 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. -34- 9/27/94