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07-13-93 JULY 13. 1993 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. on Tuesday, July 13, 1993. 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 Asst. City Attorney David Tolces 2. The opening prayer was delivered by Reverend Richard Evans of Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4, Mayor Lynch noted the addition of Item 9.V., Resolution No. 72-93, to the agenda by addendum. Dr. Alperin moved approval of the agenda with the addendum as noted, 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. Dr. Alperin moved approval of the Special Meeting minutes of June 17, 1993, the Regular Meeting minutes of June 22, 1993, and the Special Meeting minutes of July 6, 1993, 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. Dr. Alperin read a proclamation in recognition of "To Tell The Truth: America Speaks Out About Incest and Sexual Abuse", an event to occur nationally on August 1, 1993. Mayor Lynch presented the proclamation to Ms. Denise Rogers, local Co-Chairperson, who came forward to accept the proclamation and invited everyone to attend a public awareness and support session to be held at Palm Beach Community College on Sunday, August 1, 1993. 6.B, Mr. Randolph read a proclamation proclaiming July, 1993, as Parks and Recreation Month in Delray Beach. Joe Dragon, Assistant Director of Parks and Recreation, came forward to accept the proclamation which was presented by Mayor Lynch on behalf of the City Commission. 7, Presentations, 7,A, Resolution No. 68-93: Recognizing and commending Nancy G. Roti for over twenty-one years of dedicated service to the City of Delray Beach. The City Manager presented Resolution No. 68-93: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING NANCY G. ROTI FOR OVER TWENTY-ONE YEARS OF DEDI- CATED SERVICE TO THE CITY OF DELRAY BEACH. (Copy of Resolution No. 68-93 is on file in the offi- cial Resolution Book). Mayor Lynch read the Resolution in its entirety. Dr. Alperin moved for the adoption of Resolution No. 68-93, 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. Mayor Lynch, on behalf of the City Commission, present- ed the resolution to Ms. Roti and expressed sincere thanks and appreciation for her many years of dedicated service. 7,B~ Rg$olutiQn NO. 69-95: Recognizing and commending Susan H. Morrison for twenty years of dedicated service to the City of Delray Beach. The City Manager presented Resolution No. 69-93: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING SUSAN H. MORRISON FOR TWENTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (Copy of Resolution No. 69-93 is on file in the offi- cial Resolution Book). Mayor Lynch read the Resolution in its entirety. Mr. Ellingsworth moved for the adoption of Resolution No. 69-93, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; -2- 7/13/93 Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. Mayor Lynch, on behalf of the City Commission, present- ed the resolution to Ms. Morrison and expressed sincere thanks and appreciation for her many years of dedicated service. 8. CONSENT AGENDA, (City Manager recommends approval.) 8,A. Resolution No. 70-93: A resolution authorizing the City to donate one 1989 Ford Crown Victoria police car to MAD DADS. The caption of Resolution No. 70-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA¥ BEACH, FLORIDA, AUTHORIZING THE CITY TO DONATE ONE 1989 FORD CROWN VICTORIA, V.I.N. %2FABP72F6KX172929, MILEAGE 74,865, TO MAD DADS OF GREATER DELRAY BEACH. (Copy of Resolution No. 70-93 is on file in the offi- cial Resolution Book) 8.B. InterlQcal Agreement with P~lm Bsa~h County: Approve an interlocal agreement with Palm Beach County for joint partici- pation in the West Atlantic Avenue Improvements Project from 1-95 to Military Trail. ~..C. Acceptance of Utility Easement Deed and Agreement/Isles of Delray. Accept a six foot utility easement over Lots 21 and 22, Block 4, Amended Plat of Isles of Delray, Section 2, and approve an agreement which provides that should the City install utility improvements in the drainage canal located east of Lots 21 and 22 that the easement shall be subaqueous and shall not inhibit navigation. 8.D, Request to Use Banker's Row Parking Lot/Approval of Temporary Use Agreement. Approve a temporary use agreement between the Banker's Row Homeowners Association and the City for use of.the Banker's Row parking area on Saturday, July 31, 1993, for the purpose of holding a garage sale. 8.E. Renewal of Agreement with School Board for Emergency Medical Technology Tr$ining, Approve a renewal of the existing agreement between the City and the Palm Beach County School Board which permits EMT students from vo-tech programs to observe EMT practices, to be effective for the period July 1, 1993, through June 30, 1994. 8.F. Change Order No. 2 and Reauest for Final Payment/Altair Maintenance Services. Inc. Approve a deduct change order in the net amount of $11,365.52 and a request for final payment in the amount of $3,865.01 from Altair Maintenance Services, Inc. for -3- 7/13/93 the Inflow/Infiltration Program; Repair, Rehabilitation and Replacement of Sanitary Sewers and Manholes; with funding from 1991 Water and Sewer Bond - Repair and Replacement Sanitary Sewer/Manholes (Account #447-5169-536-60.31). 8.G. Change Order No. 1 and Request for Final Pay- men~/Co1onna Construction Co,, In~, Approve a deduct change order in the net amount of $2,685.08 and a request for final payment in the amount of $1,500.00 from Colonna Construction Co., Inc. for Allamanda Gardens Subdivision Drainage Improvements; with funding from General Construction Fund - Allamanda Gardens Improvements (Account ~334-1978-554-60.69). 8.H, Appointment of Outside Counsel/Verna and James Cook. Authorize the appointment of Carson, Linn and Atkins as outside counsel to represent the City in the above referenced cases. 8,I. Re~ol~ion NO, 65-93, A resolution assessing costs for abatement action necessary to demolish an unsafe structure locat- ed at 105 SoW. 7th Avenue. The caption of Resolution No. 65-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGU- LATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ASSESS- MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 65-93 is on file in the offi- cial Resolution Book) 8.J, Re~olution NO. 66-99. A resolution assessing costs for abatement action required to remove nuisances on 22 properties throughout the City. The caption of Resolution No. 66-93 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) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT -4- 7/13/93 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. 66-93 is on file in the offi- cial Resolution Book) 8~K, Re~olution NQ. 67-95. A resolution assessing costs for abatement action required to remove nuisances on four properties within the City. The caption of Resolution No. 67-93 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) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPA- NY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PRO- VIDING 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. 67-93 is on file in the offi- cial Resolution Book) 8,L. Award of Bids and Contracts. 1. Automotive Parts - Annual Contract - Award to low responsive bidders (various vendors) at an estimated annual cost of $22,993.39; with funding from Garage Inventory - Parts (Account 9501-3311-591-52.50). 2. Gehl Skid Steer Loader Tractor - Streets Division - Award to Tri-County Equipment Sales & Service, at a cost of $32,457 via FDOT Contract #DC2892R1; with funding from City Garage - Automotive (Account ~501- 3312-591-64.20). 3. Landscape Maintenance Service Contract for Homewood Boulevard, West Linton Boulevard, and three medians on Military Trail - Award to Seagull Industries for the Disabled, Inc. as the low responsive, responsi- ble bidder, at an annual cost of $40,565; with funding -5- 7/13/93 from Beautification Trust Fund/Beautification Mainte- nance (Account #119-4144-572-46.40). 4. Roadway Reconstruction Plan (East of Intracoastal)/Project No. 92-02, and S.E. 5th Street Pavement and Utility Improvements (From FEC RR to 4th Avenue) - Chaz Equipment Co., Inc. in the amount of $1,349,381.45~ with funding from Decade of Excellence (Acct. #225-3162-541-61.17); Utility Account #442- 5178-536-61.78 and #442-5178-536-61.84; subject to pending transfers. Mr. Ellingsworth moved for approval of the Consent Agenda, seconded 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. REGULAR AGENDA, 9,A. Review of Appealable Land.DevelQpmen~ AQ~iQn~ of V~ri- ous Boards. Consider accepting the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period June 21, 1993, to July 9, 1993. Dr. Alperin moved to receive and file the report, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.B, Modification to the Development Order for ~h9 Wa~rfQr~ Place DRI. Provide direction regarding proposed modifications to the Waterford DRI Development Order. John Walker, Planning Department, stated there are three (3) specific issues to be addressed by the City Commission this evening. The first pertains to improvements on S.W. 10th Avenue, between Linton Boulevard and Lindell Boulevard (Local Condition #22). There is a request, originally from the develop- er, to modify some of the conditions by which the widening re- quirement would be viewed. When the Commission last reviewed this item in February, 1993, staff had recommended that the wording be revised to some very detailed wording which would require the developer to provide intersection analyses on a regular basis (annually, as well as three months after the cer- tificate of occupancy is issued for Builders Square). Whenever those analyses found that the improvements to the intersection and the widening of the road needed to be done, they would have to be done within a short period of time by the developer. At the February 23, 1993, meeting, the Commission, by consensus, indicated they wanted to see this segment of S.W. 10th Avenue four-laned before the CO was issued for Builders Square. Staff -6- 7/13/93 is still recommending that the widening be delayed until an intersection analysis shows that it is warranted. On question from Mayor Lynch, Mr. Walker stated that the applicant/developer has agreed to construct the improvements upon a determination that they are needed, and will not dispute such findings and determination by the city based upon the traf- fic analyses which are provided. Dr. Alperin referred to the minutes of the February 23, 1993, meeting and noted that the Commission had agreed not to wait to require the improvements since that would mean waiting for more studies, arguments over who would do the studies and how accurately they would be done. The improvements were to be done then as part of the concessions for project approval, with the intent being to try to de-emphasize the entrance off of Linton (Waterford) with S.W. 10th Avenue to be the primary entry into the project. If the road isn't widened now, it will become harder to accomplish this goal in the future since people will get used to accessing the project through the Circuit City en- trance. Discussion followed. Mrs. Smith moved to modify Local Condition #22 as recommended by staff, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - No; Mr. Ellingsworth - No; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 3 to 2 vote. Mr. Walker stated that the second issue has to do with the 1-95 ramp studies; that is, there are three conditions (#17, 18 and 19) which covered off-site improvements and work in this project. All of the specified improvements have been completed. The last item that was in question had to do with a determination that was to be made by the Florida Department of Transportation as to whether additional ramp improvements would be necessary. The determination was made in March, 1993, with FDOT finding that at the completion of Builders Square, no additional improvements will be required, nor will they be required at build-out in 1997 should the project be completed as now contemplated. In view of this, the developer has withdrawn the request for modification of DO Conditions 17, 18 and 19. Discussion ensued, with the major focus having to do with the fact that if the developer wants to make a change in the land use from what is currently proposed and approved, then the entire matter will have to be reviewed again. It was the majority consensus of the Commission to leave Condi- tions 17, 18 and 19 as they are; they have been complied with and no further action is necessary. As to the third issue, Mr. Walker stated that many of the conditions that were in the original Development Order have been completed and/or conditions have been modified. In each instance, a specific section was altered but the totality of the Development Order resolution was not changed. Staff is suggest- ing that it would be a cleaner process to rescind the existing DO -7- 7/13/93 resolution and draft a completely new Development Order resolu- tion which would delete all items which have been complied with and/or which are no longer relevant to the administration of the project. During discussion, the City Manager suggested that all of the current provisions be put together into one document for purposes of administrative tracking, without the need for re- drafting the entire development order which could result in the loss of historical data. The Commission concurred with this recommendation. 9.C. Amendment to Carver Reuse Report. Approve an amendment to the Carver Reuse Report and direct staff to forward the amend- ment to the School Board for the purpose of developing an action plan. Mr. Ellingsworth moved approval of the amended report, with direction to forward the amendment to the School Board for the purpose of developing an implementation plan, 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. Prior to roll call, Mr. Ellingsworth complimented the City Manager for his work on this issue and further stated that he felt the city will get most everything we are looking for, including the addition of the relocation of the South Area High School as part of the Carver reuse program. At this point the roll was called to the motion. 9~D, Resolution No. 71-93/Extension Q~ Sunset Date for the Neiqhborhood .Task Team. Consider Resolution No. 71-93 which extends the established sunset date for the Neighborhood Task Team from July 31, 1993, to December 31, 1993. The City Manager presented Resolution No. 71-93: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEL~AY BEACH, FLORIDA, AMENDING RESOLUTION NO. 102-91 RELATIVE TO THE SCOPE OF RESPONSIBILITY FOR THE NEIGHBORHOOD TASK FORCE, AND AMENDING RESOLU- TION NO. 82-92 WHICH EXTENDED THE ESTABLISHED SUNSET DATE FOR THE NEIGHBORHOOD TASK FORCE TO JULY 31, 1993, BY FURTHER EXTENDING THE SUNSET DATE OF SAID NEIGHBORHOOD TASK FORCE TO DECEMBER 31, 1993. (Copy of Resolution No. 71-93 is on file in the offi- cial Resolution Book) In response to question from Commissioner Randolph, Lula Butler, Director of Community Improvement, stated that this -8- 7/13/93 request comes from the Neighborhood Task Team Executive Committee in order to allow additional time for the task team to bring forward some additional code amendments for consideration and to follow through to implementation the proposed ordinance amend- ments which are now being redrafted by staff for presentation to the Commission. Discussion ensued. Dr. Alperin moved to approve Resolution No. 71-93 to extend the sunset date for the Neighborhood Task Team from July 31, 1993, to December 31, 1993; 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 - No. Said motion passed with a 4 to 1 vote. At this point, the time being 7:05 p.m., the Commission moved to the duly advertised Public Hearing portion of the agen- da. 10, PUBLIC HEARINGS. 10.A, Ordinanc~ No, 43-93, An ordinance amending the city's code with regard to Newsracks, Benches and Other Unattached Fixtures in the Right-of-Way, is before the Commission for con- sideration on Second and FINAL Reading. 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. 43-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 6.3.3, "NEWSRACKS, BENCHES, AND OTHER UNATTACHED FIXTURES IN THE RIGHT-OF-WAY", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR THE APPLICATION OF THIS SECTION TO ALL MOVABLE FIX- TURES WITHIN THE RIGHT-OF-WAY; TO PROVIDE FOR A DEFINITION OF "MOVABLE FIXTURE"; TO PROVIDE FOR THE DELETION OF SOD AS A PROHIBITED LOCATION FOR MOVABLE FIXTURES; TO PROVIDE FOR THE PLACEMENT OF MOVABLE FIXTURES NO CLOSER THAN 15 FEET TO A FIRE HYDRANT; TO PROVIDE FOR CLEAR ZONES TO EXTEND FOUR FEET FROM A SIX INCH HIGH VERTICALLY FACED CURB AND TO PROHIBIT MOVABLE FIXTURES FROM BEING PLACED CLOSER THAN TEN FEET FROM THE EDGE OF PAVEMENT, OR AS FAR AWAY AS POSSIBLE; AMENDING SECTION 6.3.3(B)(6), "SIGHT AREAS" TO PROVIDE FOR A 40 FOOT BY 40 FOOT SIGHT TRIANGLE EXTENDING ALONG THE ROAD SIDE EDGE AS ILLUSTRATED IN FIGURE 1; AMEND- ING SECTION 6.3.3(B)(7) TO PROVIDE FOR LOCATION MAPS AT CITY FACILITIES DESIGNATING LOCATIONS WHERE MOVABLE FIXTURES MAY BE PLACED; AMENDING SECTION 6.3.3(B)(8) TO PROHIBIT THE PLACEMENT OF MOVABLE FIXTURES ADJACENT TO SINGLE FAMILY RESI- -9- 7/13/93 DENCES; REPEALING SECTION 6.3.3(C)(1); REPEALING SECTION 6.3.3(0); REPEALING SECTION 6.3.3(C)(2)(e); REPEALING SECTION 6.3.3(H); PRO- VIDING A REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 43-93 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. Speaking from the audience was the following: Mr. Chip Daniker. Circulation Manager for the Sun Sentinel. who asked that the Commission not adopt the ordinance since the newspapers feel it is unnecessary and they have demon- strated a willingness to work with the city to resolve areas of contention. The public hearing was closed. Mr. Ellingsworth moved for adoption of Ordinance No. 43-93 on Second and FINAL Reading, seconded 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. Prior to roll call, Dr. Alperin commented that he feels the newspapers did not act in good faith in trying to develop an ordinance to address the concerns of the city. The ordinance under consideration tonight is just a beginning and represents major concessions on the part of the citizens of Delray Beach. The newspapers should be policing their own newsracks and should take responsibility for contributing to the appearance of the city by correcting the problems so that the city doesn't have to deal with this issue. Mrs. Smith stated that she was sorry to see the uniform color requirement removed from the ordinance, but hoped that the various newspapers and periodicals would respect what Delray Beach is trying to do in terms of the efforts to beautify the city. At this point the roll was called to the motion. 10.B. Intent to Sell City Property. Approve the sale of property described as the South 1/2 of Lot 19 and all of Lot 20, Block 88, Linn's Addition to Osceola Park, for public purposes pursuant to a contract entered into between the City and Habitat for Humanity. -10- 7/13/93 Assistant City Attorney Tolces advised that this action pertains to a lot located at 330 S.E. 3rd Avenue which the City obtained from Carteret Bank through the RTC and which we will now be donating to Habitat for Humanity. By ordinance, a public hearing must be held prior to the transfer of real property. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Code of Ordinances of the City of Delray Beach, Florida. The public hearing was closed. Mr. Ellingsworth moved for approval, 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. 11. Comments and Inquiries on Non-Agenda Items. ll.A. City Manager's Response to Prior Public Comments and Inquiries. ll.A.1. Regarding the inquiry about the amount of time it takes for traffic on Homewood Boulevard to be able to exit onto West Atlantic Avenue, the City Manager stated that from 10:00 p.m. until 7:00 a.m., the signal operates in free mode and will re- spond for cars as they reach the intersection. For the rest of the day, there is a coordinated traffic signal timing system on West Atlantic Avenue from Barnett Bank to Homewood/High Point, so that all those signals are timed together to enable traffic to flow smoothly. As a result of accommodating the 1,859 vehicles per peak hour traveling West Atlantic Avenue, some delay is required for the 256 vehicles per hour exiting Homewood and High Point Boulevards. The maximum delay that could be experienced on Homewood/High Point is 140 seconds, or two minutes/20 seconds, and in most cases the delay will be much shorter. Actual field observations by the County reveal the average delay time experi- enced during peak travel times is 103 seconds, with the bottom line being that the County considers the signal to be operating appropriately for the traffic conditions. The signal will be re-timed when West Atlantic is widened and it is likely that the additional lanes on West Atlantic will result in additional green signal time being allocated to Homewood Boulevard. ll.A.2. Regarding the historic marker on N.W. 5th Avenue, the City Manager reported that the work planned for this location will not be able to be done before the beginning of the Roots Festival. A meeting has been held with Spencer Pompey and Eliza- beth Debs regarding the plans for upgrading the site; the con- struction drawings are progressing and it is our goal to have the project completed by the end of September. The project is funded through the Community Development Block Grant program with an estimated cost of $15,000 to completely refurbish the site. -11- 7/13/93 ll.B. From The Public. ll,B,1. Jerry Marshall, resident of Woodlake, who asked if it would be possible to close off Atlantic Avenue between Swinton and Federal Highway on those evenings when the "Art & Jazz on the Avenue" events are held? The entire street could then be used as a walkway and would make for a festive atmosphere, without cars jamming up the roadway. It was suggested that this would be more in the realm of the Chamber and the Atlantic Avenue Association and should be brought up to these entities for consideration. Kevin Egan, CRA Chairman, advised this has been discussed by the Joint Venture and it may be a request in the future should the Art & Jazz events get any larger. ll.B,2. Helen CQQpersmi~h, President of PROD, who stated she had two issues. Issue one being the concern of the people as it relates to the widening of West Atlantic Avenue which would involve turning off water service to home and business for seg- mented periods of time while construction is going on. There is also the inconvenience of having to boil water for a period of time after shut off before it can be used. The cost of install- ing conflict manholes and not shutting off water would cost the city about $20,000.00. Issue two has to do with bringing the two historic structures down from West Palm Beach to Delray Beach at a cost of $20,000. Ms. Coopersmith felt this was a matter of priorities; that of cutting off water during the widening of West Atlantic Avenue although there is a way (at a cost of 820,000) that the water not be shut off, or moving the historic homes at the same cost. She asked if there is money available in the Water and Sewer Fund, or other appropriate fund, to pay for the conflict manholes so water won't have to be shut off, and if so, why can't it be used? Ms. Coopersmith requested that the two projects be equally funded so that those residents who will be undergoing the inconvenient but necessary roadway construction will not be inconvenienced further by having their water cut off. 1,2,, FIRST READINGS. 12,A, Ordinance NO. 45-93. An ordinance correcting the zoning classification for the Palm Trail Medical Building located at 909 N.E. 9th Avenue from RM (Multiple Family Residential - Medium Density) to POD (Professional Office District), is before the Commission for consideration on First Reading. If passed, public hearing will be held July 27, 1993. The City Manager presented Ordinance No. 45-93: -12- 7/13/93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR A PARCEL OF LAND AS MORE PAR- TICULARLY DESCRIBED HEREIN, FROM RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) DISTRICT TO POD (PROFESSIONAL OFFICE DISTRICT); SAID LAND BEING LOCATED BETWEEN PALM TRAIL AND N.E. 9TH AVENUE, NORTH OF GEORGE BUSH BOULEVARD; AND COR- RECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Mr. Ellingsworth moved for approval of Ordinance No. 45-93 on First 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 - Yes. Said motion passed with a 5 to 0 vote. 12.B, Ordinance No. 46-93. An ordinance amending the Land Development Regulations by adding "Auto Brokerage" as a condi- tional use in the General Commercial (GC) Zone District, is before the Commission for consideration on First Reading. If passed, public hearing will be held July 27, 1993. The City Manager presented Ordinance No. 46-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (D), OF THE LAND DEVEL- OPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING "AUTOMOBILE BROKERAGE" AS AN ALLOWABLE CONDITIONAL USE WITHIN THE ZONE DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFEC- TIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Mayor Lynch opened the floor to public comment. Arthur Jackel expressed his opposition to amending the zoning regulations to accommodate this use since it is not neces- sary and will not be to the benefit of the city. Mayor Lynch closed the floor to public comment, there being no one else who wished to speak on this item. At the request of Dr. Alperin, Jean Beer, a member of the Planning and Zoning Board and a dissenting vote on this -13- 7/13/93 recommendation, explained that she had voted against the proposal because the use is already allowed within four other zoning districts and she feels this request is basically to accommodate one person's request. Discussion followed. Dr. Alperin moved to DENY Ordinance No. 46-93 on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Com- mission 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. At this time the Commission returned to the Regular Agenda. 9.E. Request for Waiver of Roadway ImprQvement Obliqations. Consider a request for waiver of LDR Section 5.3.1(E)(2) relative to roadway improvement obligations for Calvary Baptist Church. Diane Dominguez, Planning Department, reported that this waiver request involves an existing church located on S.W. 10th Street, between 8th and 9th Avenues. It is surrounded by streets on all four sides and, except for S.W. 10th Street, all of the streets are unimproved shellrock road. The church is proposing to add a 2,000 sq.ft, assembly hall that would be an attendant use for the facility. Per city code, in conjunction with this improvement, the church would be required to improve the adjacent streets, or at least they would have to pay for half of the improvements which is estimated at a cost of about $40,000 for their share of the streets and drainage. The church is requesting a waiver of these requirements at this time, and staff is supporting the request based on the relatively small scale of the proposed project. She did note that there may be a future development proposal for a school at the site in the next three to five years. If that occurs and the roads are still unim- proved, it might be appropriate to require them to participate in the roadway improvement costs at that time. SPRAB formally considered this item on June 30, 1993, and unanimously recommend- ed that the waiver be approved. After discussion, it was the consensus of the Commis- sion to deny the waiver request pertaining to roadway improvement obligations for Calvary Baptist Church, but to postpone or defer payment of the required funding until such time in the future that it is determined by staff to be necessary for roadway im- provements, and subject to the approval of the City Commission. Dr. Alperin so moved, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.F, Approval of Consulting Firms for Services A~$ociated with Redevelopment Efforts. Consider approval of three consult- ing firms to provide continuing services for market analysis and -14- 7/13/93 project feasibility studies in conjunction with redevelopment efforts. Diane Dominguez, Planning Department, reported that staff is recommending the selection of three firms (Goodkin Research Corporation, Reinhold P. Wolff Economic Research, Inc., and Ben Withers and Associates) to provide ongoing market re- search and financial feasibility studies in conjunction with the city's redevelopment plans as set forth in the Comprehensive Plan. Mr. Ellingsworth moved approval of the three consulting firms for services associated with redevelopment efforts, second- ed by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.G, Waiver of Bid Requirements and Contract Award/Golf Course Greens Regrassing Project. Waive bid and bond require- ments and award a contract to Rapid Turf, Inc. (sole source) in the amount of $83,970 for the regrassing of 18 greens at the Municipal Golf Course; with funding from Golf Course/Other Im- provements (Account ~445-4761-572-63.90). Mr. Randolph moved to waive the bid and bond require- ments and~ award the contract to Rapid Turf, Inc., seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.H. Approval of Budqet Transfer and Award of Bid/Charles S. Whiteside. Inc. Approve bid award to Charles S. Whiteside, Inc. in the amount of $65,400 for Pompey Park Tennis and Basketball Court Reconstruction project; with funding from Pompey Park/Tennis Courts/Basketball Courts (Account #334-4172-572-63.01), subject to approval of budget transfer from General Construction Fund Prior Year Surplus in the amount of $35,400.00; with additional funding from Community Development Block Grant Fund in the amount of $30,000.00. On question from Dr. Alperin, the City Manager stated that staff recognized the need to resurface these courts last year and it was included in the budget proposal which was ap- proved by the City Commission in September, 1992. As staff has gotten into the project and identified further deficiencies, the scope of the project has grown. This work will give us a facili- ty which meets current standards and is constructed in such a way that it should be much longer lasting. Mr. Randolph moved approval of the budget transfer and award of bid as outlined above, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; -15- 7/13/93 Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. Resolution No. 54-93. A resolution amending Resolution No. 108-92 which made appropriations of sums of money for all necessary expenditures of the City for the Fiscal Year 1992-93, by setting forth the anticipated revenues for the operating funds of the City. The City Manager presented Resolution No. 54-93: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 108-92 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 1992-93, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 1992-93; TO REPEAL ALL RESOLUTIONS INCONSISTENT HEREWITH. (Copy of Resolution No. 54-93 is on file in the offi- cial Resolution Book) Assistant City Attorney Tolces read the caption of the resolution. Joe Safford, Finance Director, stated that this budget summary represents an accumulation of various budget transfers from the different departments which have been incorporated into a mid-year budget adjustment. One of the primary things which has been accomplished in the mid-year budget is that the tennis center account has finally been settled. Dr. Alperin moved approval of Resolution No. 54-93 as the mid-year budget adjustment, 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. Allocation of Community Redevelopment Agency Loan Repayment. Consider staff's recommendations for the allocation of the CRA loan repayment. Joe Safford, Finance Director, reported that the Commu- nity Redevelopment Agency has repaid their loan in 'the total amount of $1,598,035.71. By previous Commission action, roughly $785,000 of this repayment has been allocated as follows: 831,178.18 as interest to the General Fund, and $782,103.00 to the Tennis Center Construction project. He recommended that the remaining funds be disbursed as follows: $406,300.00 be trans- ferred to the Insurance Fund to cover the General Fund's share of the deficit; $136,000 to the Tennis Center to cover additional -16- 7/13/93 land costs above what was originally anticipated; and $242,454.53 be transferred.to and remain in the General Fund as a revenue. Mayor Lynch suggested the possibility of allowing the deficit in the Insurance Fund to continue for the time being until appropriate actions can be taken to get this fund to take care of itself, and go ahead and use the $406,000 for the Pompey Park pool project. Discussion followed, after which it was the consensus of the Commission to allocate the $406,300.00 in the following amounts: $200,000 to go towards reduction of the Insurance Fund deficit as requested by the Finance Director, with the remaining $206,300 to the General Construction Fund for the Pompey Park pool project. While this amount may not fund the entire pool project, it is enough to get started. Additional funding will then be identified by the Finance Director to put together a package and make a commitment on the Pompey Park pool. Mr. Randolph moved to approve the allocation of the CRA loan repayment as recommended by the Finance Director, with the exception that the $406,300.00 for the Insurance Fund deficit be disbursed in the amount of $200,000 to the Insurance Fund deficit and the remaining $206,300 be put to the General Construction Fund for the purpose of the Pompey Park pool, 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,K, Service Authorization No. 14/Hazen & Sawyer. Consider a service authorization with Hazen & Sawyer in the not-to-exceed amount of $7,248.00 for engineering consulting services for the preliminary design phase of the barrier island stormwater pump station network; with funding from Stormwater Utility - Engineer- ing (Account #448-5411-538-31.30). City Manager recommends approval. Dr. Alperin moved approval of Service Authorization No. 14 with Hazen & Sawyer in the amount of $7,248.00, 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. 9,L, Chanqe Order No. 3/Meredith Associates. Consider a change order in the amount of $4,600.00 and extension of the contract completion date by fifty (50) days for permitting and construction necessary for the abandonment of two former test wells lying within the Carter/Jog Road right-of-way; with funding from Repair and Replacement - Well Rehabilitation & Replacement Program (Account $442-5178-536-61.82). City Manager recommends approval. Mr. Randolph moved approval of Change Order No. 3 with Meredith Associates, seconded by Mr. Ellingsworth. Upon roll -17- 7/13/93 call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.M. Chanqe Order to Annual Contract with Johnson-Davis, Inc. Consider a change order to the annual contract with John- son-Davis, Inc. in the amount of $93,500.00 for the construction of West Atlantic Avenue Sanitary Sewer Extension; with funding from Repair and Replacement - Manhole Rehabilitation (Account #442-5178-536-61.84). City Manager recommends approval. The City Manager reported that this line will serve the Highland Trailer Park commercial lots fronting on West Atlantic Avenue (west of Barwick Road) as well as the Discount Auto Parts site. On question from Mayor Lynch, the Manager stated that the work is being coordinated with the County so that the road will not have to be dug up again. Mrs. Smith moved to approve waiver of normal bidding procedures due to time constraints and award of bid by means of a change order to the annual contract with Johnson-Davis, Inc. in the amount of $93,500.00, 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.N, Amendment NO. 5 tO Servic~ Au~hQriz~ion NQ, $/CH2M Hill. Consider Amendment No. 5 to Service Authorization No. 5 with CH2M Hill in the amount of $14,200.00 for engineering ser- vices provided to the City during the five month extension to the construction period for the Water Treatment Plant Lime Softening Conversion project; with funding from 1991 Water and Sewer Bond - Water Plant Conversion (Account $447-5164-536- 31.30). Mr. Randolph moved approval of Amendment No. 5 to Service Authorization No. 5 with CH2M Hill in the amount of $14,200.00, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.0. Change Order NO. 13 and Requ$~ for Final Pay- ment/Elkins Constructors. Inc. Consider a deduct change order in the net amount of $4,500.00 and a request for final payment in the amount of $221,902.87 from Elkins Constructors, Inc. for the Water Treatment Plant Lime Softening Conversion project; with funding from 1991 Water and Sewer Bond - Water Plant Conversion (Account $447-5164-536-60.31) and Repair and Replacement - Equip- ment Replacement Program (Account #442-5178-536-61.76). Dr. Alperin moved approval of Change Order No. 13 (Final) in the net deduct amount of $4,500.00 and the request for final payment in the amount of $221,902.87 from Elkins Construc- tors, Inc., seconded by Mrs. Smith. Upon roll call the Commis- -18- 7/13/93 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. 9,~, Service Authorization No. 6/Currie Schneider Associ- ates. Consider a service authorization in an amount not to exceed 84,851.06 to the contract with Currie Schneider Associates for construction administration services during the extended contract period for the Veterans Park Redevelopment Project; with funding from Decade of Excellence Bond Issue - Veterans Park Redevelopment (Account #225-4126-572-61.63). The City Manager stated that staff has previously reported to the Commission the problems encountered with working with the contractor on Veterans Park as well as the problems with getting the power lines relocated. These items extended the time of the contract and required more time on the part of the archi- tect, so staff is recommending approval of this service author- ization. Dr. Alperin moved approval of Service Authorization No. 6 with Currie Schneider Associates, 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. 9.Q. Proposed Offer of Settlement/Gillespie vs. City of Delray Beach. Mayor Lynch referred to the City Attorney's memorandum dated July 13, 1993, in which she recommends settlement of this case in the amount of $79,000.00. Dr. Alperin moved to approve settlement in the amount of $79,000.00 for Joanne and Thomas Gillespie vs. the City of Delray Beach, 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. 9.R. Appointment to the Downtown Development Authority, Appoint a member to fill the expired term of Anne Bright, to a term ending July 1, 1996. This is Commissioner Randolph's ap- pointment and was deferred from the June 22, 1993, regular meet- ing agenda. Dr. Alperin stated that he had asked for the postpone- ment so that he could meet with Mr. Thaddeus Cohen (Mr. Ran- dolph's initial nominee). He has done so and was very impressed, but Mr. Cohen was not able to confirm at that time if he would be able to make the scheduled DDA meetings. Dr. Alperin asked that Mr. Cohen attend an upcoming meeting to confirm that it would be possible for him to attend; however, the next meeting will be in the next week or two. -19- 7/13/93 At this point, Mrs. Smith commented that the DDA was recently expanded to include the area east of the waterway and she would strongly recommend that there be a representative on the board from this area. Mrs. Smith further stated that Mrs. Bright had been an exceptionally good member of the DDA and if it were possible for her to be reconsidered, she would like to see that happen. Mr. Randolph stated he would be willing to further postpone making the appointment to allow additional time for consideration. He, too, had been impressed with Mrs. Bright's performance on the DDA, but was somewhat reluctant to reappoint her because of the outstanding code violations. Mr. Randolph then moved to postpone his appointment to the Downtown Develop- ment Authority to the regular meeting of July 27, 1993, 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. 9,S. Appointments to the Community Redevelopment Agency. Appoint members to fill the expiring terms of four members, to terms ending July 9, 1997. The terms of Leonard Mitchell, Clay Wideman, Kathi Sumrall and Wanda Gadson are expired; all are eligible for and have expressed an interest in being considered for appointment to an additional term. The appointments are to be made by Mayor Lynch, Mrs. Smith, Dr. Alperin and Mr. Ellingsworth. Speaking from the audience was Mr. William Andrews who stated that he felt there was a bit of stagnation on the CRA and it might be beneficial to have one or two new appointees to lend some additional creativity. Dr. Alperin stated that in some instances he would agree with Mr. Andrews, but in this particular situation the CRA has really started to produce and all of the present members have made tremendous contributions. The Commission concurred that several of the newer applicants would make excellent members; however, the four members seeking reappointment have been hard working and instrumental in the progress of the CRA. Mayor Lynch stated that he wished to nominate Mr. Clay Wideman for reappointment to the CRA, to a term ending July 9, 1997. Dr. Alperin so moved, 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. Mrs. Smith mov.ed to reappoint Ms. Kathi Sumrall to the CRA, to a term ending July 9, 1997, seconded by Dr. Alperin. 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. -20- 7/13/93 Dr. Alperin moved to reappoint Ms. Wanda Gadson to the CRA, to a term ending July 9, 1997, 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. Mr. Ellingsworth moved to reappoint Mr. Leonard Mitch- ell to the CRA, to a term ending July 9, 1997, 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. 9,T, Membership on City Boards. Provide direction with regard to an individual serving on two City boards simultaneous- ly. Mayor Lynch clarified that this item pertains to Rever- end Lenard Johnson who was recently appointed to the Delray Beach Housing Authority. Reverend Johnson is also a member of the City's Kids and Cops Committee. After discussion, it was the consensus of the Commission to support the staff recommendation that Reverend Johnson serve as a special advisor to Kids and Cops (while not a formal member), but retain his appointment to the Delray Beach Housing Authority. Therefore, a vacancy would be created on the Kids and Cops Committee for future Commission action. 9.U~ NQmination of a Representative to Serve on University Parkway Task Force. Nominate a representative from the City of Delray Beach to serve on the University Parkway Task Force as established by the Board of County Commissioners. Dr. Alperin stated that he has been very interested in this matter all along, but would be unable to take on the respon- sibility. However, Mr. Michael Weiner has expressed an interest in the nomination and Dr. Alperin feels that he would be an excellent representative for the City of Delray Beach. Mr. Ellingsworth moved to nominate Mr. Michael Weiner to represent the City of Delray Beach on the University Parkway Task Force, 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. 9,V. Resolution No. 72-93. A resolution objecting to the proposal of Palm Beach County that the Wetlands Protection Sec- tion of the Unified Land Development Code be adopted under the auspices of the Environmental Control Act, thus being countywide, even within the incorporated areas of Palm Beach County, in derogation of the recently approved agreement between the Board of County Commissioners and the Palm Beach County Municipal League relative to countywide ordinance procedures. -21- 7/13/93 The City Manager presented Resolution No. 72-93: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OBJECTING TO THE PROPOSAL OF PALM BEACH COUNTY THAT THE WETLANDS PROTECTION SECTION OF THE UNIFIED LAND DEVELOPMENT CODE BE ADOPTED UNDER THE AUSPICES OF THE ENVIRONMENTAL CONTROL ACT, THUS BEING EFFECTIVE COUNTYWIDE, EVEN WITHIN THE INCORPORATED AREAS OF PALM BEACH COUN- TY, IN DEROGATION OF THE RECENTLY APPROVED AGREE- MENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE PALM BEACH COUNTY MUNICIPAL LEAGUE RELATIVE TO COUNTYWIDE ORDINANCE PROCEDURES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Copy of Resolution No. 72-93 is on file in the offi- cial Resolution Book) Assistant City Attorney Tolces read the caption of the resolution. Dr. Alperin moved approval of Resolution No. 72-93, 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. Comments and Inquiries on Non-Aqenda Items. 13,A. City Commission: !$,A,1, Mrs. Smith had no comments. 13.A.2,. Dr. Alperin had no comments. '13.A.3, Mr. Randolph expressed his appreciation for the support shown by the Commission with respect to getting the Pompey Park pool project in the works. Mr. Randolph further stated that both the City Manag- er's and City Clerk's offices will be hard pressed to replace retiring employees Nancy Roti and Sue Morrison. He has known them both for some twenty years and has the greatest respect for them. l~,A,4, Mr. Ellingsworth had no comments. 13.A.5. Mayor Lynch commented that Representative E. Clay Shaw did make a statement in the U.S. House of Representatives in recognition of Delray Beach and its selection as an All-America City, so Delray Beach did receive some national recognition. 13,B. City Attorney: No comments. -22- 7/13/93 13.C. City Manager: The City Manager advised that Congress- man Shaw wants to make a presentation at some time when he can come to a Commission meeting, to present a framed copy of the excerpt from the Congressional Record. This will be arranged as his schedule permits. The City Manager commented that in past discussions concerning some of the stormwater projects, there was mention of a possible interest in perhaps increasing stormwater utility fees this year. Any changes in these utility fees have to be complet- ed by August 1st, so if there is an interest, we need to move very quickly on it. Upon discussion, it was the consensus of the Commission that they would not want to try to make adjustments by August 1st, but the stormwater fees will need to be looked at very seriously next year. There being no further business, Mayor Lynch declared the meeting adjourned at 8:50 p.m. ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the min- utes of the meeting of said City Commission of July 13, 1993, which minutes were formally approved and adopted by the City Commission on ........ C~%y- C-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 besn reviewed and approved which may involve some amendments, additions or deletions to the minutes as set forth above. -23- 7/13/93