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10-18-94 OCTOBER 18, 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 6:05 P.M., Tuesday, October 18, 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 Rev. William Reese, Lakeview Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Aqenda Approval. Mayor Lynch requested that Item 9.B. (BOCA RATON FUTURE LAND USE MAP AMENDMENT/BOCA MARKETPLACE) be postponed to the Regular Meeting of November 1, 1994. He stated that in fairness to all citizens and to the development process, the developer should be allowed to make his presentation prior to the Commis- sion taking action. Mrs. Smith requested that Consent Agenda, Item 8.J. (AGREEMENT WITH FLORIDA INLAND NAVIGATION DISTRICT/JOINT FUNDING OF SEAWALL REHABILITATION PROJECT) be moved to the Regular Agenda as Item 9.A.A. Mr. Ellingsworth moved for approval of the Agenda, as amended, seconded by Mr. Randolph. 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 to approve the Minutes of the Regular Meetings of September 27 and October 4, 1994, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6.A. Recognizing and commending Judy McConnell, Habitat for Humanity. Mayor Lynch presented a proclamation commending Judy McConnell for her excellent work for the Habitat for Humanity. 6.B. Recognizing the 30th Anniversary of the Delray Art League. Mayor Lynch read and presented a proclamation in recog- nition of the 30th Anniversary of the Delray Art League and en- couraged the League to continue to advance the public interest and growth of creative art in Delray Beach. Catherine Marshall and Jim Wood came forward to accept the proclamation. 6.C. Red Ribbon Week - October 24 to 28, 1994. Mayor Lynch read and presented a proclamation proclaim- ing the week of October 24 to 28, 1994 as Red Ribbon Week and encouraged all citizens to participate in drug prevention educa- tion activities, making a visible statement that we are strongly committed to a drug free community. Lt. William McCollom, Delray Beach Police Department came forward to accept the proclamation. 6.D. Operator Appreciation Weeks - October 17 to 28, 1994. Mayor Lynch acknowledged October 17 to 28, 1994 as Operator Appreciation Weeks and stated that he will personally present the proclamation at a meeting to be held at Southern Bell on October 19, 1994. 6.E. "Make a Difference" Day - October 22, 1994. Mayor Lynch presented a proclamation recognizing Octo- ber 22, 1994 as "Make a Difference" Day. 6.F. Year of the Celebration of the United Nations' 50th Anniversary. Mayor Lynch presented a proclamation recognizing the Year of the Celebration of the United Nations' 50th Anniversary. 7. Presentations: 7.A. Kathleen Daley - 1995 Legislative Session. Ms. Daley briefly noted the highlights of the 1994 Legislative Session and read into the record the preliminary work program for the 1995 Legislative Session and highlighted the following highlights of bills: 1) legislation regarding Communi- ty Redevelopment Agency; and, 2) re-use of wastewater which is a priority issue in the State of Florida. There are several pro- -2- 10/18/94 posals which are forthcoming, such as creating a State Water Agency; procedures for establishing and amending water policies by the Land Use and Water Planning Task Force; and a proposal for tax for water use. Another priority of local governments is access to public officials. Ms. Daley noted that several recom- mendations of Visions 2005 relate to juvenile offenders such as Parenting Classes for Repeat Juvenile Offenders, sentencing of community service and stronger penalties for criminals. In conclusion, Ms. Daley noted that she would check into several concerns and/or issues expressed by the Commission such as the possibility of the City taking over the schools located within its jurisdiction; addressing DOT's program for North Federal Highway; and, the possibility of obtaining funding from the State for the library. Ms. Daley stated that she will return in January, 1995 to report further activities of the Legislative Session. 7.B. Matt Gracey - Tennis Center Patrons Program. Matt Gracey, representing the Tennis Center Patrons Program, gave a first year report and expressed his appreciation to the Commission for their support. He complimented Joe Wel- don, Director of Parks and Recreation and Pam Post, Recreation Supervisor for their support and professional accomplishments. Mr. Gracey noted that one of the programs sponsored by the Tennis Center Patrons during this past summer was the Youth Clinic which consisted of approximately 400 youths during a period of eight weeks. After the summer program a tennis carni- val was held and youngsters could sign up for the fall instruc- tional program or the Delray Junior Team Tennis. One of the goals the committee set was to reach minority youths, and anoth- er was to become a 100% voluntary program. As of this time they have met both of these goals. He was pleased to report that the Tennis Center Patrons have raised approximately $39,000 to date. Mr. Gracey thanked the Commission for approving the six month tennis membership scholarship and for allowing their program the use of the Tennis Center which has contributed to their first years' success. On behalf of the Commission, citizens and youths of the City, Mayor Lynch expressed appreciation to Mr. Gracey and the Patrons of the Tennis Center for the success of the Tennis Center Patrons Program. Mr. Randolph suggested that Mr. Gracey should get involved in the new Joint Venture for charities for potential funding. 7.C. Gee and Jensen - Pompey Park Pool. 3 10/18/94 Carey Moulton, Project Manager for Gee and Jensen, Architects, reported that a preliminary cost estimate has been prepared which includes the initial cost estimate and the Adviso- ry Committee's recent requests for the Pompey Park Pool. Mr. Moulton presented an overhead projection of the conceptual site plan for the pool, including the dining well and bathhouse. In regard to the concrete surface finish on the deck, Mayor Lynch suggested that "Cool Deck" be considered if it did not increase the costs substantially. Mr. Randolph pointed out that the Advisory Board had expressed a desire to install seating for the instructors and splash parties which would be located away from the pool area. The Board also had endorsed a new fronting off N.W. 3rd Street along with the installation of new landscaping. Dr. Alperin questioned the diving well concept and the proposed entrance in respect to the parking areas. It was clari- fied that for insurance liability a diving well versus a deep end pool was necessary and due to the existing baseball field and basketball courts dictated the parking. The City Manager pointed out that the diving well will require an additional lifeguard and that this will result in an additional operating cost. Mayor Lynch felt that the total operating cost should be revisited at a later date to include anticipated costs for the additional lifeguard position, the size of the pool and heating costs, etc. Upon question by Mrs. Smith regarding the depth of the pool, Mr. Moulton responded that the pool will be approximately 4 1/2 to 5 1/2 feet deep. Mr. Randolph stated that he was satisfied with comments expressed by the Commission tonight and asked Mr. Moulton to pass this information to the Pompey Park Pool Advisory Board for their comments. After brief discussion it was the consensus of the Commission to have the firm of Gee and Jensen proceed with the project with the projected 200 day construction plan and possible completion date of June 1, 1995. 8. Consent Aqenda: City Manager recommends approval. 8.A. RESOLUTION NO. 82-94: Approve Resolution No. 82-94 declaring the City's official intent to seek reimbursement from the proceeds of the 1994 Utility Tax Bond Issue for expenditures made with respect to the construction of the Golf Course Club- house. The caption of Resolution No. 82-94 is as follows: -4- 10/18/94 A RESOLUTION OF THE COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING THE CITY OF DELRAY BEACH'S OFFICIAL INTENT TO SEEK REIM- BURSEMENT FOR CERTAIN CAPITAL EXPENDITURES MADE AND TO BE MADE WITH RESPECT TO THE DEMOLITION OF A CLUBHOUSE AND PRO-SHOP LOCAT- ED ON THE CITY OWNED GOLF COURSE AND THE DESIGN, ENGINEERING, CONSTRUCTION, AND EQUIP- PING OF A NEW CLUBHOUSE PRO SHOP AND RELATED FACILITIES FROM THE PROCEEDS OF ITS NOT TO EXCEED $8,500,000 UTILITY TAX REVENUE REFUND- ING AND IMPROVEMENT BONDS SERIES 1994 AND PROVIDING FOR EFFECTIVE DATE. (Copy of Resolution No. 82-94 is on file in the offi- cial Resolution Book) 8.B. RESOLUTION NO. 83-94: Approve Resolution No. 83-94 authorizing the issuance of not to exceed $1,400,000 of Tourist Development Tax Revenue Notes, Series 1994, pursuant to a line of credit through Barnett Bank of Palm Beach County, for the purpose of financing the Tennis Center Phase III project. The caption of Resolution No. 83-94: is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $1,400,000 IN AGGREGATE PRINCIPAL AMOUNT OF TOURIST DEVEL- OPMENT TAX REVENUE NOTES, SERIES 1994, OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO A LINE OF CREDIT MADE AVAILABLE THROUGH BARNETT BANK OF PALM BEACH COUNTY FOR THE PURPOSE OF PROVIDING ADDITIONS, EXTENSIONS AND IMPROVE- MENTS TO THE DELRAY BEACH TENNIS STADIUM; PROVIDING FOR THE TERMS AND PAYMENT OF SAID TOURIST DEVELOPMENT TAX REVENUE NOTES, SERIES 1994, AND THE RIGHTS, REMEDIES AND SECURITY OF THE OWNERS THEREOF; MAKING CERTAIN COVE- NANTS RELATING TO THE ISSUANCE OF SAID TOUR- IST DEVELOPMENT TAX REVENUE NOTES, SERIES 1994; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF SAID NOTES; AND PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 83-94 is on file in the offi- cial Resolution Book) 8.C. AUTHORIZATION OF MAYOR/1994 UTILITY TAX BOND ISSUE: Authorize the Mayor or his designee to deem the preliminary official statement final upon recommendation by staff and bond counsel and to do all things necessary relative to the issuance -5- 10/18/94 of the 1994 Utility Tax Revenue Refunding and Improvement Bond Issue. 8.D. EXTENSION OF BANKING SERVICES CONTRACT/BARNETT BANK OF PALM BEACH COUNTY: Approve a two year extension (through Septem- ber 30, 1996) of the banking services contract with Barnett Bank of Palm Beach County, at the current contract price of approxi- mately $45,000.00 per year; with funding from Other Professional Services - Various Funds. 8.E. FINAL PLAT APPROVAL/SUAREZ MOBIL: Approve the final plat for Suarez Mobil, an approved gasoline station located at the southeast corner of West Atlantic Avenue and Military Trail, subject to the recommended condition. 8.F. FINAL PLAT APPROVAL/THE ENCLAVE AT THE HAMLET: Approve the final plat for The Enclave at The Hamlet, a nine lot single family zero lot line development located along Greensward Lane South within The Hamlet. 8.G. INTERLOCAL AGREEMENT/HOUSING OPPORTUNITIES FOR PEOPLE WITH AIDS (HOPWA): Approve an Interlocal Agreement with the City of West Palm Beach, the City of Boca Raton and Palm Beach County in order to carry out the intent of the Federal Housing Opportu- nities for People with AIDS (HOPWA) Entitlement Program, and authorize its execution. 8.H. CDBG FUNDING AGREEMENTS WITH NON-PROFIT AGENCIES: Authorize the execution of Community Development Block Grant Funding Agreements with five non-profit agencies, as follows: Boys and Girls Club of South Palm Beach County, Alpha-Time Chil- dren's Center, Community Child Care Center, MAD DADS, and the Urban League. 8.I. SUBLEASE EXTENSION/CASON COTTAGE: Approve sublease extension between the Delray Beach Historical Society and the Palm Beach County Preservation Board for the use of Cason Cot- tage. The sublease change provides for a month-to-month exten- sion as needed. 8.J. THIS ITEM WAS MOVED TO THE REGULAR AGENDA. 8.K. SETTLEMENT AGREEMENT/UTILITY EASEMENT FOR FIRE STATION NO. 3: Approve an Agreement between Scott Emerson, Michael Hole and the City regarding acquisition of a 12 ft. utility easement for Fire Station No. 3 in the amount of $640.00. 8.L. AGREEMENTS FOR COMPLETION OF SUBDIVISION IMPROVEMENTS AND GUARANTEE/LINTON OFFICE PARK: Approve agreements between P&J Development Corporation and the City for completion of subdivi- sion improvements and guarantee for Linton Office Park. -6- 10/ s/94 8.M. RESOLUTION NO. 84-94: Approve a resolution assessing costs for abatement action required to remove nuisances on six- teen properties throughout the City. The caption of Resolution No. 84-94 is as follows: 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. 84-94 is on file in the offi- cial Resolution Book) 8.N. RATIFICATION OF APPOINTMENTS TO KIDS AND COPS COMMIT- TEE: Ratify the appointment of Mr. Thomas J. Bruckner as the Banyan Creek Elementary School representative and Ms. Nancy Gross as the Pine Grove Elementary School representative to the Kids and Cops Committee for terms ending April 22, 1996. 8.0. AWARD OF BIDS AND CONTRACTS: 1. Bid Award - to various vendors, via Palm Beach County Co-op Contract, for gasoline and diesel fuel, in the amount of $145,272.22, with funding from the Garage Inventory Fuel (Account No. 501-3311-591-52.51), and Golf Course Fuel - Other (Account No. 445-4714-572-52.11). Mr. Ellingsworth moved to approve the Consent Agenda as amended, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mrs. Smith - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9. Regular Agenda: 9.A.A. AGREEMENT WITH FLORIDA INLAND NAVIGATION DISTRICT/JOINT FUNDING OF SEAWALL REHABILITATION PROJECT: Approve an agreement with Florida Inland Navigation District (F.I.N.D.) for joint funding of the Seawall Rehabilitation Project, providing for the reimbursement of fifty percent (50%) of the cost of construction. -7- 0/18/94 Mrs. Smith stated that she has received several inqui- ries from residents regarding the possibility of neighborhoods taking over the maintenance of the seawalls from the City. The City Manager responded that two property owners on N.E. 1st Court have approached the City as to the possibility of transferring the property to them; therefore, this request will appear before the Planning and Zoning Board and ultimately to t~e City Commission. Mr. Harden noted that even though some people did not like it, these seawalls are public property and the Comprehensive Plan requires us to have more public access to the Intracoastal and each time you give one away you are reducing public access. He also noted that each of the seawalls vary in length and that each has to be considered individually as some also contain storm or outfall drains. Also, we have received this grant and any changes would require a change to the agreement with FIND and a reimbursement of the grant for that particular seawall. Dr. Alperin moved for approval of the Agreement with Florida Inland Navigation District/Joint Funding of Seawall Rehabilitation Project, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.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 October 3 to Octo- ber 14, 1994. Dr. Alperin moved to receive and file the report, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.B. THIS ITEM WAS POSTPONED TO THE NOVEMBER 1, 1994 REGULAR COMMISSION MEETING. At this point, the time being 7:00 pm, the Commission moved to the duly advertised Public Hearing portion of the agen- da. 10. Public Hearings: 10.A. ORDINANCE NO. 71-94: An ordinance amending Section 52.34, "Water Rates", of the City's Code to provide for an in- crease in the commodity charge for water service. Prior to con- sideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. 8 10/18/94 The City Manager presented Ordinance No. 71-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", SECTION 52.34, "WATER RATES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSEC- TION 52.34(B) TO PROVIDE FOR AN INCREASE IN THE COMMODITY CHARGE FOR WATER SERVICE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 71-94 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Ellingsworth moved for the adoption of Ordinance No. 71-94 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 72-94: An ordinance amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", of the City's Code to provide for an increase in the commodity charge for sewer service. Prior to considera- tion of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 72-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "RESIDENTIAL, INDUSTRIAL AND COMMERCIAL WASTE", SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCMARGE", OF THE CODE OF ORDINANC- ES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 53o130(D) TO PROVIDE FOR AN INCREASE IN THE COMMODITY CHARGE FOR SEWER SERVICE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 72-94 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. -9- 10/18/94 Mr. Randolph moved for the adoption of Ordinance No. 72-94 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 68-94: An ordinance designating the Milton-Myers Post No. 65, The American Legion of the United States, located at 263 N.E. 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 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 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. Mrs. Smith moved for the adoption of Ordinance 68-94 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.D. 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. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. 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 -10- 0/18/9 57, "TELECOMMUNICATION RIGHT-OF-WAY PERMITS", TO PROVIDE FOR THE ENACTMENT OF A NEW CHAPTER 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. (Copy of Ordinance No. 64-94 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. Dr. Alperin moved for the adoption of Ordinance No. 64-94 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mrs. Smith - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 10.E. 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. 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. 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, -11- 10/18/94 A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (Copy of Ordinance No. 65-94 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Ellingsworth moved for the adoption of Ordinance No. 65-94 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mrs. Smith - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.F. 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. 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 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 THE 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, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 74-94 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. 74-94 on Second and FINAL 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- 10/18/94 10.G. 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. 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. 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 T~E CITY OF DELRAY BEACH LAND DEVELOPMENT 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. (Copy of Ordinance No. 75-94 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. Mrs. Smith moved for the adoption of Ordinance No. 75-94 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 10.H. 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. 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. 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 - SATELLITE TELEVISION ANTENNA", AND SECTION 4.6.6(C), "RESTRICTIONS ON OUTSIDE USAGE", OF THE LAND -13- 10/18/94 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. (Copy of Ordinance No. 76-94 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. Dr. Alperin moved for the adoption of Ordinance No. 76-94 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Dr. Alperin - Yes; Mrs. Smith - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 10.I. 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. 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. 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", 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. (Copy of Ordinance No. 77-94 is on file in the official Ordinance Book) -14- 10/18/94 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. Ellingsworth moved for the adoption of Ordinance No. 77-94 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mrs. Smith - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 10.J. 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. Prior to consid- eration 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. 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. (Copy of Ordinance No. 78-94 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. 78-94 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mrs. Smith - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.K. 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. Prior to consideration of passage of this ordinance on -15- i0/i8/94 Second and FINAL Reading, a public hearing has been scheduled to be held at this time. 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. (Copy of Ordinance No. 79-94 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. Jerry Marshall asked for clarification of the proposed amendment. In response, the City Manager explained that there have been several occasions where tutorial services were being con- ducted in private residences, which technically are in violation of the Land Development Regulations. Also, there is a situation where a small private school has been operating in a multi-family district which was in violation of the code. However, the Plan- ning and Zoning Board felt that it not inappropriate to have that type of activity allowed as a conditional use in the multiple family districts. The public hearing was closed. Mrs. Smith moved for the adoption of Ordinance No. 79-94 on Second and FINAL Reading, 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. -16- 10/18/94 10.L. ORDINA/~CE 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. 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. 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. (Copy of Ordinance No. 82-94 is on file in the official Ordinance Book) Assistant City Attorney David Tolces 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. Dr. Alperin moved for the adoption of Ordinance No. 82-94 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mrs. Smith - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 10.M. ORDINkNCE NO. 81-94: An ordinance amending Chapter 117, "Landlord Permits", of the City's Code to provide for an increase in the permit fee, adding certain clarifying language, and amending certain language to reflect correct code references. 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. 81-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING CERTAIN LANGUAGE FOR THE PURPOSE OF CLARIFICATION; AMENDING CERTAIN -17- 10/18/94 LANGUAGE TO REFLECT THE CORRECT CODE REFER- ENCES; AMENDING SECTION 117.02, "PERMIT FEES"; TO PROVIDE FOR AN INCREASE IN THE PERMIT FEE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 81-94 is on file in the official Ordinance Book) Assistant City Attorney Tolces read the caption of the ordinance. 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. 81-94 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mrs. Smith - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.N. ORDINANCE NO. 83-94: An ordinance amending Ordinance No. 20-94 which established the Kids and Cops Committee by amend- ing Section 2. thereof to provide for such other representation on the committee as the City Commission may deem appropriate. 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. 83-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 20-94 WHICH ESTABLISHED THE KIDS AND COPS COMMITTEE AS AN ADVISORY BODY TO THE CITY COMMISSION, BY AMENDING SECTION 2, THEREOF TO PROVIDE FOR SUCH OTHER REPRE- SENTATION ON THE KIDS AND COPS COMMITTED AS THE CITY COMMISSION MAY DEEM APPROPRIATE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. 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. Randolph moved for the adoption of Ordinance 83-94 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mrs. Smith - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. -18- 10/18/94 10.0. ORDINANCE NO. 84-94: An ordinance enacting revisions to Chapter 53 of the City's Code regarding sanitary sewers. 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. 84-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "RESIDENTIAL, INDUSTRIAL AND COMMERCIAL WASTE", TO PROVIDE FOR A CHANGE OF THE CHAPTER TITLE TO "SANITARY SEWERS"; TO PROVIDE FOR A NAME CHANGE FOR THE "FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION" TO THE "FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION", AMENDING SECTION 53.051, "PRO- HIBITED DISCHARGES TO SEWERS", TO PROVIDE FOR ADDITIONAL MATERIALS WHICH ARE PROHIBITED DISCHARGES INTO THE CITY'S SEWER SYSTEM; AMENDING SECTION 53.052, "DISCHARGE OF CER- TAIN WASTE RESTRICTED", BY AMENDING SUBSEC- TION 53.052(G), TO PROVIDE FOR NEW LIMITS FOR SUBSTANCES WHICH PASS THROUGH THE WASTEWATER TREATMENT WORKS; AMENDING SECTION 53 .056(B) (1) (e), "ADMISSION OF INDUSTRIAL AND COMMERCIAL WASTE", TO PROVIDE FOR A TOTAL TOXIC ORGANIC CONTENT OF GREATER THAN FIVE MILLIGRAMS PER LITER; AMENDING SECTION 53.080, "COMPLIANCE DATE REPORT", TO PROVIDE FOR ALL MONITORING ANALYTICAL RESULTS TO BE SUBMITTED TO THE CITY WITHIN 45 DAYS OF SAMPLE COLLECTION; AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCU- LATION OF SEWER CHARGE" BY AMENDING SUBSEC- TION 53.130(G) (2), TO PROVIDE FOR A CHANGE IN THE CODE FROM 600 MG/L TO 475 MG/L; AND TO REVISE THE SAMPLE CALCULATION; AMENDING SECTION 53.140, "PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE", TO PROVIDE FOR AN ANNUAL PUBLICATION AND AMENDING SECTION 53.140(1), TO PROVIDE FOR $100.00 FEE TO COVER THE COST OF PUBLICATION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (Copy of Ordinance No. 84-94 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordinance. 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. Mrs. Smith moved for the adoption of Ordinance No. 84-94 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mrs. Smith - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public - Immediately following Public Hearinqs. 11.A. City Manaqer's response to prior public comments and inquiries. In response to an inquiry regarding the condition of the inner sidewalk located on the north end of A-l-A, north of Atlantic Avenue, the City Manager reported that repair work had begun during the week of October llth and that the repair should be completed by the end of the week. Mayor Lynch noted that some individuals have been roller blading on the sidewalk along the beach and suggested that a sign be posted stating they are doing so at their own risk and that the City is not liable. The Assistant City Attorney stated that he would have the City's Risk Management Officer check into the matter. 11.B. From the Public. There were no comments or inquiries from the public. 12. First Readings. None At this point the Commission returned to the Regular Agenda portion of the Agenda. 9.C. REQUEST FROM ROOTS COMMITTEE FOR WAIVER OF POLICE OVERTIME. Consider waiving police overtime costs for the Roots Cultural Festival in the amount of $3,122.97. The City Manager stated there is a problem with the financial statement which revealed a profit of approximately $6,000. He recommended that this item be postponed to the next regular meeting. Mr. Randolph moved for postponement of the request from Roots Committee for Waiver of Police Overtime to the City Commis- sion Regular Meeting of November 1, 1994, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. -20- lO/lS/94 9.D. REVISED GOLF COURSE MANAGEMENT AGREEMENT: Consider approval of a revised Management Agreement with BJCE, Inc. for the period October, 1994 through September, 1995. Mr. Bob Barcinski, Assistant City Manager, stated on advice of our bond attorney, bonuses should be based upon non-fi- nancial performance measures or they become a taxable situation. Therefore the agreement has been revised to incorporate goals and objectives on which to base the bonus. Mayor Lynch expressed concern that if the manager of the golf course meets all the goals tied to a merit increase, then is the City required to pay him the bonus? It was emphasized by Mr. Barcinski that the Manager of the Golf Course will have to operate within the budget as ap- proved, which means that there will be no bonus without a profit. Mayor Lynch stated that he would support the revised agreement in principle only; however, he would oppose any cost of living increase. Mrs. Smith made reference to Item (6), Exhibit "B", Goals and Objectives which requires the removal and replacement of at least ten Malelucca trees. She estimated that there are approximately sixty Malelucca trees on the golf course. It was explained by the City Manager that if all the trees were removed at one time it would affect visual impact; therefore, it is necessary to remove the trees gradually and replace the trees with a more appropriate species. Mr. Randolph moved for approval of the revised Golf Course Management Agreement with BJCE, Inc., seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.E. BID AWARD FOR LANDSCAPE MAINTENANCE (ATLANTIC AVENUE GREENWAY): Consider award of bid to third iow bidder, Complete Property Services, as the lowest responsible bidder, for land- scape maintenance (Atlantic Avenue Greenway Plan), in the esti- mated annual amount of $16,299.00; with funding from the Beauti- fication Trust Fund - Repair and Maintenance Services (Account No. 119-4144-572-46.40). There being no discussion, Mr. Ellingsworth moved for approval of the bid award to the third iow bidder, Complete Property Services, for Landscape Maintenance (Atlantic Avenue Greenway) in the estimated annual amount of $16,299.00, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes; -21- 10/18/94 Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.F. SERVICE AUTHORIZATION NO. 13/GEE & JENSON E-A-P, INC.: Consider Service Authorization No. 13 with Gee & Jenson E-A-P, Inc. in the amount of $12,286.00 for the preparation of landscape and irrigation plans for North Federal Highway, between Bond Way and Gulfstream Boulevard. Mayor Lynch stated that the City Manager feels that the plans for North Federal Highway should proceed; otherwise the City may lose out if the bid is not in by February, 1995, and may cost the City more. He suggested that the service authorization should be approved; however, he suggested that the work proceed slowly the first few weeks. Mayor Lynch noted that by that time a group effort, consisting of the City Managers of Delray Beach, Boynton Beach and Lantana, can get under way to discuss how the project can possibly be stopped before it goes to F.D.O.T. For clarification, the City Attorney explained that the service authorization be approved; however, she recommended that the agreement be modified with a clause to state that should the project be stopped prior to commencement of the project, the service authorization would become null and void. Dr. Alperin moved to approve the Service Authorization No. 13 with Gee & Jenson E-A-E, Inc., in the amount of $12,286.00 for the preparation of landscape and irrigation plans for North Federal Highway, between Bond Way and Gulfstream Boulevard, contingent upon confirmation of a clause as recommended by the City Attorney, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.G. AUTHORIZATION FOR APPEAL IN CITY V. AGRICULTURAL, ET AL (AERO-DRI CASE): Consider authorizing an appeal of the District Court ruling which found that there is no personal injury protec- tion coverage available under the insurance policies. The City Attorney explained that the issue before the Commission is to authorize a further appeal for additional insur- ance coverage. A fixed fee has been negotiated with outside counsel which will cover potential fees to the District Court and possibly the Florida Supreme Court on certification. Mrs. Smith moved to authorize further the appeal for a flat fee of $35,000.00, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. -22- 10/18/94 9.H. APPOINTMENT TO THE EDUCATION BOARD: Appoint a member to the Education Board to fill an unexpired term ending July 31, 1995. Mayor Lynch stated that member Gladys Whigham has relocated outside the City and is no longer eligible to serve on the Education Board; thus a vacancy exists. Mr. Randolph stated that he was not prepared to make an appointment and requested that the item be postponed to the Regular Meeting of November 8, 1994. Mr. Ellingsworth moved to postpone the appointment to the Education Board to fill an unexpired term ending July 31, 1995, 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. The Commission moved to the Comments and Inquiries on Non-Agenda Items portion of the Agenda. 13. Comments and Inquiries on Non-Aqenda Items. 13.A.1. Mayor Lynch stated that the Delray Swap Shop, which is located on North Federal Highway, has expressed interest in becoming involved in the "Adopt a Highway Program" for North Dixie Highway and has volunteered its commitment to this program. The project is for the beautification of City, County and State streets. Mayor Lynch noted that he had discussed this issue with the City Manager and suggested that perhaps the Commission should consider formally adopting the "Adopt a Highway Program". The City Manager will investigate as to the type of agreement which will be necessary for each of these agencies. 13.A.2. Dr. Alperin inquired as to this year's response for volunteers for the "Paint-Up Delray Program" which is presently being coordinated by the Community Development Division. Lula Butler, Director of Community Improvement, reported that the response has been tremendous and that, thus far, 130 individuals have already signed up for the program. Of this total, eighty City employees have volunteered their time and effort to this worthy program. Mrs. Butler stated that she was particularly happy to report that a group of twenty students from Pope John Paul High School have also volunteered their services. 13. B. The City Attorney reported that the Palm Beach County Commission has approved the agreement with the City relative to the funding for additional permanent seating for the stadium at the tennis center facility. 13. C. The City Manager did not have any comments. -23- 10/18/94 Mayor Lynch declared the meeting adjourned at 7:35 P.M. Cit~ clerk~f ' 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 October 18, 1994, which minutes were formally approved and adopted by the City Commission on ~~ / / ! City ~ler~ -- /- 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. -24- 10/18/94