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11-01-94 NOVEMBER 1, 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, November 1, 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 Dr. Ted Bush, Pastor of the First Presbyterian Church. 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 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. 5. Approval of Minutes: Special Meeting of October 11, 1994 Regular Meeting of October 18, 1994 Special Meeting of October 26, 1994 Mr. Ellingsworth moved to approve the Special Meeting of October 11, 1994, Regular Meeting of October 18, 1994, and the Special Meeting of October 26, 1994, 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. 6. Proclamations: 6.A. Recognizinq and commendinq Mr. Alex Boyce: Mayor Lynch read and presented a proclamation commend- ing Mr. Alex Boyce, resident of Delray Beach, for successfully administering CPR to an elderly gentleman who was in full cardiac arrest. Chief Rehr commended and personally thanked Mr. Boyce for saving the life of a Delray Beach citizen. 7. Presentations: None. Consent Agenda: City Manager recommends approval. 8.A. INITIATE LDR AMENDMENT TO CBD ZONING DISTRICT: Initiate an amendment to Section 4.3.4(K) of the Land Development Regulations to reduce the open space requirement in the CBD (Central Business District) zoning district from 25% to 10%. 8.B. COUNTYWIDE INTERLOCAL EMERGENCY SERVICES AGREEMENT: Approve an Interlocal Emergency Services Agreement between vari- ous governmental agencies in Palm Beach County. 8.C. CONTRACT AMENDMENT/ZUCCALA WRECKER SERVICE: Approve amendment to the City's contract with Zuccala Wrecker Service releasing them from their contract to tow abandoned vehicles. 8.D. FUNDING SOURCE CHANGE FOR SW 10TH STREET MAIN DRAINAGE TRUNK LINE PROJECT: Approve change of funding source for Change Order No. 1 to the SW 10 Street project, from DOE to Stormwater Utility (Account No. 448-5411-538-62.42). 8.E. RESOLUTION NO. 86-94: Approve a resolution repealing Exhibit H attached to Resolution No. 22-92 and enacting a new Exhibit H relating to waiver of purchasing regulations under emergency conditions. The caption of Resolution No. 86-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING RESOLUTION NO. 22-92H AND ENACTING A NEW RESOLUTION NO. 22-92H RELATING TO EMERGENCY PROCUREMENT PROCEDURES AND SUSPENSION OF CERTAIN CITY CODES RELATING TO PURCHASING AND PROCUREMENT DURING EMERGENCIES, TO PROVIDE FOR PROCEDURES, GUIDELINES AND LIMITATIONS FOR THE ACQUISITION OF GOODS, MATERIALS, EQUIPMENT AND SERVICES AS MAY BE REQUIRED DURING AND AFTER AN EMERGENCY; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 86-94 is on file in the offi- cial Resolution Book) -2- 11/1/94 8.F. RESOLUTION NO. 87-94: Approve a resolution updating Resolution No. 36-92 in support of AMTRAK service from Jackson- ville to Miami along the Florida East Coast (FEC) railway corri- dor. The caption of Resolution No. 87-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE CONCEPT OF AMTRAK SERVICE FROM JACKSONVILLE TO MIAMI ALONG THE FLORIDA EAST COAST RAILWAY CORRIDOR. (Copy of Resolution No. 87-94 is on file in the offi- cial Resolution Book) 8.G. ADOPTION OF STORMWATER MASTER PLAN: Adopt the Stormwater Master Plan as a general guide for the implementation of a master drainage plan. 8.H. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/WEST ATLAN- TIC AVENUE WATER MAIN RELOCATION: Approve an Interlocal Agree- ment with Palm Beach County for joint participation in the con- struction of improvements to West Atlantic Avenue from Jog Road to Military Trail. Funding in the amount of $66,783 is available from West Atlantic Avenue Water Main Relocation (Account No. 442-5178-536-64.13), through budget transfer. 8.I. AWARD OF BIDS AND CONTRACTS: 1. Bid Award - to Carolina Fitness Equipment Company, via Palm Beach County School Board Bid, for fitness equipment for the Police Department. Funding in the amount of $21,799.15 is available from the Police Reserve (Account No. 115-2111-521-49.90), and Police Administration - Other Mach./Equipment (Account No. 001-2111-521-64.90). 2. Bid Award - to Club Car, for the purchase of 80 golf carts, under a four-year lease/purchase agreement. Funding in the amount of $162,317 is available in the Golf Course Pro Shop Other Rental/Lease Costs (Account No. 445-4713-572-44.90). Mr. Ellingsworth moved to approve the Consent Agenda, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9. Regular Agenda: 9.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider accepting the actions and decisions made by the Planning -3- 1 /1/94 and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period October 17 to 28, 1994. Dr. Alperin moved to receive and file report, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.B. BOCA RATON FUTURE LAND USE MAP AMENDMENT/BOCA MARKET- PLACE: Review and consider formal comment on a proposed amendment to Boca Raton's Future Land Use Map from Industrial Manufacturing to Commercial for Boca Marketplace, located at the southwest corner of the C-15 Canal and Congress Avenue. Dr. Alperin moved to postpone this item, directing staff to participate in the Boca hearing on Thursday, November 3, 1994, 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. Prior to the motion, Carter McDowell esq. representing the applicant, advised Commission that the applicant has deferred the Transmittal Hearing for a minimum of 60 days. Therefore, the City Manager recommended that staff be present at the Boca hearing on November 3, 1994. 9.C. REMOVED 9.D. REMOVED 9.E. RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Consider ratifying the appointment of two new members to the Kids and Cops Committee. Mr. Ellingsworth moved to ratify the appointment of two new members to the Kids and Cops Committee, 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. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two members to the Education Board to fill unexpired terms ending July 31, 1995. Mr. Randolph moved to appoint Roselyn Murray to the Education Board, 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. 4 11/1/94 Mr. Ellingsworth moved to appoint Roland Williams to the Education Board, 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. First Readings: 12.A. ORDINANCE NO. 84-94: An ordinance amending Chapter 71, "Parking Regulations", by repealing Ordinance No. 70-94 and former Section 71.60 of the City Code, and enacting a new Section 71.060, "Parking Meter Permits", to establish that all persons may obtain a parking permit for Anchor, Sandoway and the Holiday Inn North parking lots, to limit the purchase of parking permits for the Ingraham Avenue lot to City residents, establishing a fee for the parking permit, and to provide for the transfer of park- ing permits and the issuance of substitute stickers. If passed, public hearing on November 15, 1994. The City Manager presented Ordinance No. 84-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS, BY REPEALING ORDINANCE NO. 70-94 AND FORMER SECTION 71.60 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND ENACTING A NEW SECTION 71.060, "PARKING METER PERMITS", TO ESTABLISH THAT ALL PERSONS MAY OBTAIN A PERMIT FOR ANCHOR, SANDOWAY, AND THE HOLIDAY INN NORTH PARKING LOTS, AND TO LIMIT THE PURCHASE OF PARKING PERMITS FOR THE INGRAHAM AVENUE LOT TO CITY RESIDENTS IN THE MANNER WHICH EXISTED PRIOR TO ENACTMENT OF ORDINANCE NO. 70-94, ESTABLISHING A FEE FOR THE PARKING PERMIT, TO PROVIDE FOR THE TRANSFERRING OF PARKING PERMITS AND THE ISSUANCE OF SUBSTITUTE STICK- ERS FOR A SUBSTITUTE 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. The City Attorney read the caption of the ordinance. Mr. Ellingsworth moved for approval of Ordinance 84-94 on First Reading, with the figure of $75.00 being used as the base fee for the beach sticker per year, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mayor Lynch - Yes; Mrs. Smith - No; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 3 to 2 vote. 12.B. ORDINANCE NO. 87-94: An ordinance rezoning a parcel of land located on the east side of Military Trail south of Linton -5- 11/1/94 Boulevard (Taheri Property) from POC (Planned Office Center) in part, and A (Agricultural) in part to RM (Medium Density Residen- tial). If passed, public hearing on November 15, 1994. The City Manager presented Ordinance No. 87-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT, IN PART, AND A (AGRICULTUR- AL) DISTRICT, IN PART, TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT, WHICH PROVIDES A RESIDENTIAL ZONING DISTRICT WITH FLEXIBLE DENSITIES HAVING A BASE OF SIX (6) UNITS PER ACRE AND A RANGE TO TWELVE (12) UNITS PER ACRE, AND WHICH ALSO AUTHORIZES THE CITY COMMISSION TO ESTABLISH THE DENSITY FOR A SPECIFIC RM DEVELOPMENT BY AFFIXING A NUMERI- CAL SUFFIX TO THE DESIGNATION TO LIMIT THE DENSITY TO A SPECIFIC NUMBER BETWEEN SIX AND TWELVE UNITS PER ACRE, PURSUANT TO SECTION 4.4.6(H) (1) OF THE LAND DEVELOPMENT REGULA- TIONS; SAID LAND BEING LOCATED ON THE EAST SIDE OF MILITARY TRAIL, APPROXIMATELY 1,400 FEET SOUTH OF LINTON BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance and noted that a quasi-judicial hearing will be held on November 15, 1994. Mrs. Smith moved for approval of Ordinance No. 87-94 on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 85-94: An ordinance rezoning the St. Paul A.M.E. Church property located on the east and west sides of N.W. 5th Avenue, between N.W. 1st and 2nd Streets, from GC (Gen- eral Commercial) District to CF (Community Facilities) District. If passed, public hearing on November 15, 1994. The City Manager presented Ordinance No. 85-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING GENER- ALLY LOCATED ON THE EAST AND WEST SIDES OF -6- 11/1/94 N.W. 5TH AVENUE, BETWEEN N.W. 1ST STREET AND N.W. 2ND STREET; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Ellingsworth moved for approval of Ordinance No. 85-94 on First 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. 12.D. ORDINANCE NO. 86-94: An ordinance rezoning CRA-owned property located on the south side of West Atlantic Avenue be- tween S.W.lst and 2nd Avenues (Kwik Stop and Discount Auto Parts), from CF (Community Facilities) District to GC (General Commercial) District. If passed, public hearing on November 15, 1994. The City Manager presented Ordinance No. 86-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT IN THE GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE, BETWEEN S.W. 1ST AVENUE AND S.W. 2ND AVENUE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; 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 approval of Ordinance No. 86-94 on First 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. 12.E. REMOVED 12.F. ORDINANCE NO. 89-94: An ordinance annexing Lot 19, Delray Beach Estates, establishing initial zoning of GC (General Commercial) District, and providing for a small scale land use plan amendment to affix an official City land use designation of General Commercial. The subject property is located at 2706 North Federal Highway and contains 1.09 acres. If passed, public hearing on November 15, 1994. The City Manager presented Ordinance No. 89-94: 7 11/1/9 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT 19 OF DELRAY BEACH ESTATES LOCATED AT 2706 NORTH FEDERAL HIGHWAY, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVID- ING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) 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 approval of Ordinance No. 89-94 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 12.G. ORDINANCE NO. 90-94: An ordinance adopting the Compre- hensive Plan Amendment 94-1. If passed, public hearing on Novem- ber 15, 1994. The City Manager presented Ordinance No. 90-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 94-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 94-1" AND INCORPORATED HEREIN BY REFERENCE; PROVID- ING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch noted he could not find the paving for SW 6th Avenue on the Comprehensive Plan Amendment, and since he had informed Mrs. Ortiz previously this would be completed by the beginning of fiscal year 94-95, he requested staff to look into this project. John Walker advised the Mayor the listing for 8 11/1/94 street paving was with Environmental Services; however, he would research this matter and inform Commission. Mayor Lynch reiterated the Pompey Park Pool funding appeared in numerous funds and the completion by next summer as agreed at a previous Commission meeting. Commissioner Smith requested clarification of the Hurrican Shutters for City Hall and the Police Department being addressed in FY 1996-97. Staff informed her that the City Hall shutters would be addressed in FY 94-95; however, projects under $100,000 would be a project in the Catila Improvement Program and not the Comprehensive Plan. Commissioner Ellingsworth requested an explanation regarding the Atlantic Avenue Beautification Project funding and staff advised this project has funding from two sources, General Construction Fund for $900,000 (ISTEA Grant) and Decade of Excel- lence Bond Issue for $800,000. Mayor Lynch expressed satification with the Lifeguard Station Project and the removal of the station from the corner of Atlantic Avenue and A-1-A to Sandoway Park this year. Funding source will be discussed at a later date. Commissioner Randolph asked if we would be considering the Cemetery Expansion and City Manager advised Commission he would be bringing this project back in the near future. The City Manager clarified the $375,000 listed in the Fire Administration represents the balance available from the Decade of Excellence Bond for Stations No. 3 and No. 4. Mr. Randolph moved to approve Ordinance No. 90-94 on First Reading, seconded by Mrs. Smith. Upon roll call the Com- mission 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.H. ORDINANCE NO. 91-94: An ordinance repealing Chapter 112, "Alarm Systems", of the City Code in its entirety, and stem " ~- enacting a new Chapter 112, "Alarm Sy s , uo provide for the regulation of alarm systems. If passed, public hearing on Novem- ber 15, 1994. The City Manager presented Ordinance No. 91-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XI, "BUSINESS REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING CHAPTER 112, "ALARM SYSTEMS, IN ITS ENTIRETY, AND ENACTING A NEW CHAPTER 112, "ALARM SYSTEMS", TO PROVIDE FOR -9- 11/1/94 THE REGULATION OF ALARM SYSTEMS WITHIN THE CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch opened the floor for public comment. Dick Eckerle, Woodlake, supports the $25 alarm regis- tration fee; however, he objects to the automatic renewal fee of $15.00 and feels the City should review the Ordinance more close- ly. Mayor Lynch questioned the ordinance now in effect and staff indicated it was very ineffective since it did not curtail false alarms. The Fire Department is currently experiencing approximately 30-40 false alarms monthly and the Police Depart- ment approximately 200 per month. People are charged a fee after three false alarms occurring in one month. Discussion ensued regarding the renewal fees and the occurrence of false alarms. Dr. Alperin questioned what the logic is behind charg- ing a renewal fee of $15.00 for false alarms. Eric Hightower, Assistant City Attorney/Police Legal Advisor, stated mainly the cost of the renewal fee is to pay for the administration. Mayor Lynch asked Mr. Hightower if he is familiar with what other cities are doing for an initiation or registration cost. Mr. Hightower stated although he has not been able to study many systems in detail, most cities do have a renewal fee. Mayor Lynch requested that Mr. Hightower advise Commission next week as to Boca's fees. Mayor Lynch stated at this time he is not in favor of a renewal fee; however, feels the alarm systems are beneficial to our community if properly maintained. Mrs. Smith feels the false alarms are taking the police away from more important matters. Dr. Alperin feels the fines should be graduated consis- tently and not on a variable rate. He also feels the fines should be issued on an annual basis and not on a monthly basis. Consensus of the Commission was for staff to investi- gate surrounding communities and come back at the November 15th meeting with an effective date. Mr. Randolph moved to defer First Reading of Ordinance No. 91-94 "Alarm Systems" until November 15, 1994, 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. 10. Public Hearings: -lO- 11/1/9 None. 11. Comments and Inquiries on Non-Aqenda Items from the Public - Immediately followinq Public Hearinqs. 11.B. From the Public. Carolyn Zimmerman, 212 S.W. 2nd Avenue, speaking on behalf of a citizens group being formed to clean up Atlantic High School, stated she is trying to enlist help to clean up the school because conditions are deplorable. She stated the clean up is being done to bring attention to the situation, and distributed flyers announcing the clean up to be held at Atlantic High School, located at 2501 Seacrest Blvd., on Saturday, November 5, 1994, at 8:00 a.m. Ms. Zimmerman also asked that the City consider purchasing the land directly across the street from Atlantic High School. She feels the land is currently an eye sore and it could be used for future expansion of school facilities. 13. Comments and Inquiries on Non-Aqenda Items. 13.A.1. Mrs. Smith asked about enforcement of parking meter expirations at the beach and if the City is collecting as much revenue from this as we could be. She commented that the Parking Management Team will be hearing from a representative from South Beach in Miami where they have a private organization handle the collection of money. The City Manager stated that the City has recently begun using volunteers to work on parking meter enforcement and so far it appears to be working well. Also, a proposed ordinance amendment to increase fines for parking violations will be on the November workshop. Ms. Smith suggested the City look into the possibility of hiring part-time help for different departments to help with things such as maintenance, mowing, etc. She noted that Mr. Randolph had brought this up in the past as a possible means to help alleviate the unemployment situation. The City Manager stated, regarding the new positions in Parks and Recreation, the City has done some extensive outreach through MAD DADS, community policing, and other groups to try and find people in the City who would be interested and who need jobs. He stated the verbal reports sound good, although he has not received a final report. Mrs. Smith congratulated Bob Barcinski, Assistant City Manager, on his receipt of the Buster Musgrave Award from the Old School Square Board of Directors. -lZ- 1 /1/94 13.A.2. Dr. Alperin stated he is the representative to the Palm Beach County InterGovernmental Coordination Program and one item discussed was the unfunded mandates being handed down requested by the municipal league and other representatives. He further explained that this is the removal of the consideration of developments of regional impact from the regional planning counsels and the Federal Government is turning it over to the local governments. He stated a program needs to be set up but could be very costly. The Intergovernmental Coordination Program is looking at trying to set it up as a unified group of our County. The cost to do the study and set up the system will cost approximately $40,000.00, and the communities will have to subsidize the $40,000.00 with the County probably paying half. Dr. Alperin pointed out that a municipality can opt not to participate, only if the population is under 2500. Mayor Lynch asked Dr. Alperin if this is for the Treasure Coast. Dr. Alperin stated the Intergovernmental Coordination Program is anticipating that all regional planning counsels will be dissolved in the near future. Dr. Alperin stated the executive counsel will come back in one month with a formula for the City to consider. Dr. Alperin stated the other item discussed is that the Intergovernmental Coordination Program is interested in establishing a County-wide mediation for non-zoning issues. Dr. Alperin stated that the Private Sector Survey is a good survey. He suggested looking into more than a one year budget and feels budget should reflect on projected income and not just expenditures. He stated the survey also has an excellent evaluation of pension plans with comparison to other communities. 13.A.3. Mr. Ellingsworth stated while he and Mr. Harden attended the U.S. Congressional District Forum League last Friday, a remark was made by Congressman Lewis that in making a request for funding of different types of things, quite often cities are constantly competing against one another for funds. Mr. Ellingsworth feels the City should consider a joint request for funding County-wide and suggested the City of Delray Grants Administrator look to other cities to see what cities can utilize together. Mr. Ellingsworth stated he received a call from Jim Carter concerning the overgrown grass at the railroad tracks. He stated the grass is nicely mowed until you get to the FEC Railroad, but beyond the railroad the grass is four feet high. Mr. Ellingsworth asked if the County is responsible for maintaining this area. The City Manager stated the City is working with the County on this matter and agreed to contact Mr. Carter with a response. -12- 11/1/94 13.A.4. Mr. Randolph stated the alleyway between 6th and 7th on the north side of Atlantic Avenue is nicely paved; however, he is concerned about the storm sewer being too high because the water is puddling and not getting to the sewer. 13.A.5. Mayor Lynch stated he received a letter that went to Mr. James Moore, Commissioner of Law Enforcement, which came from a citizen complaining that the Delray Police did not handle a situation properly. Mayor Lynch asked the City Manager to look into this matter. Mayor Lynch stated the tennis tournament is coming up in March, 1995, and for several years Liddun International has been talking about changing the name to show Virginia Slims of Delray. He stated at this stage, the name will be changed to the Delray Beach Winter Championships. ~3.B. City Attorney had no comments or inquiries. 13.C. The City Manager stated he talked to Carrie Parker, City Manager of the City of Boynton Beach, regarding North Federal Highway and her understanding of direction from her Commission had been to work out the best solution with Florida Department of Transportation (FDOT). However, after recent comments from the Delray Beach City Commission, Mayor Harmening had been quoted in the press by stating that he would support stopping the project. As a result, Ms. Parker was going back to her City Commission tonight to try to verify which direction they would like her to go. He stated the latest proposal the City of Boynton has discussed with FDOT is to put parking on one side of the street and bicycling on the other without increasing the pavement width. The City Manager stated the Adopt a Highway Program is still being researched. The City Manager presented and distributed the financial report for fiscal year ending September 30, 1994. He commented on the Commission's financial goals which includes increasing the General Fund Surplus to 7-10%. He stated the estimated fiscal year end surplus for this year is $1,850,439.00. The surplus of the $1,850,439 has two components. The additional revenue above and beyond what was projected is $850,000, the largest part of which was building permits. This was primarily due to The Groves project and the continued expansion of the subdivision around Banyan Creek. The other large part is utility taxes, electrical usage, and also telephone usage for fax machines, etc. The other part of the surplus is the expenditure surplus of $1,000,000 in round numbers. He feels this has been an extremely good year and is very pleased with the results. The City Manager commented that the things he would point out in particular are the golf course fund that finished -13- ii/i/94 with a net income of $178,949 and the business and health insurance fund combined at approximately $490,000. On behalf of the City Commission and the citizens of Delray Beach, Mayor Lynch thanked the City Manager and staff for doing an excellent job on the financial report. There being no further business, Mayor Lynch declared the meeting adjourned at 7:35 P.M. c~ity ~l~rk ' ~ 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 November 1, 1994, which minutes were formally approved and adopted by the City Commission 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. -14- 11/1/94