07-20-93 JULY 27.., 2993
A Regular Meeting of the City Commission of the City of
Delray Beach, Florida, was called to order by Vice-Mayor Kenneth
C. Ellingsworth in the Commission Chambers at City Hall at 6:00
P.M., on Tuesday, July 27, 1993.
1. Roll call showed:
Present - Commissioner Jay Alperin
Commissioner David Randolph
Commissioner Barbara Smith
Vice-Mayor Kenneth C. Ellingsworth
Absent - Mayor Thomas E. Lynch
Also present were - City Manager David T. Harden and
City Attorney Susan A.Ruby
2. The opening prayer was delivered by Reverend James
Atchison of Church of the Palms.
The Pledge of Allegiance to the flag of the United
States of America was given.
4. Agenda Approval. Vice-Mayor Ellingsworth noted the
addition of Item 9.K (Settlement Offer/17 N.W. 5th Avenue), Item
9.L. (Arbitration Request - James Cook/Appointment of Outside
Counsel), and Item 9.M. (Atlantic Avenue Water Line Reloca-
tions/Installation of Conflict Structures), to the regular .agenda
by addendum.
Vice-Mayor Ellingsworth further noted a request from
the City Attorney to remove Item 8.C., Authorization to Appeal
Final Judgment, from the consent agenda and move it to the regu-
lar agenda as Item 9.K.1.
The City Attorney requested that wording be added to
Item 8.A. to read, "Site Plan Review and Appearance Board recom-
mends approval, pursuant to findings as cont~ned in the Direc-
tor.'$ documentation memorandum,
Relative to Item 8.F., Renewal of Training Agreement
with Palm Beach County School Board, the City Attorney reported
that a small change has been made to the contract which is to the
benefit of the city. It essentially gives the city equal oppor-
tunity with the county in case of termination for convenience not
to be sued for certain things.
The City Attorney further stated that Item 9.C., Ap-
proval of Road Construction Agreements with William Swaim and
Associates, is to be removed from the agenda at this time, to be
brought back at a later date.
Dr. Alperin moved approval of the agenda, as amended,
seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Vice-Mayor
Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with
a 4 to 0 vote.
5. Approval of Minutes. Dr. Alperin moved approval of the
Regular Meeting Minutes of July 13, 1993, seconded by Mr. Ran-
dolph. Upon roll call the Commission voted as follows: Dr.
Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes;
Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote.
6. Proclamations. None.
7. Presentations. None.
CONSENT AGENDA~ (City Manager recommends approval.)
8.A. Request for Waiver of Landscape Requirements/Surles
Commercial Building, Approve a request for waiver of Land Devel-
opment Regulation Section 4.6.16(H)(3)(e) for the Surles Office
Building, located north of N.E. 1st Street on the west side of
N.E. 4th Avenue, in conjunction with a modification to the site
plan. Site Plan Review and Appearance Board recommends approval,
pursuant to findings as contained in the Director's documentation
memorandum.
8,B. Agreement with the Kiwanis Ch~ri$ies. Inc. Approve an
agreement between the City and Kiwanis Charities, Inc. for the
establishment of a bank account into which the Kiwanis will
deposit funds to help pay for the Veterans Park Playground
project.
Authorization to Appeal Final Judqment. THIS ITEM WAS
MOVED TO THE REGULAR AGENDA AS ITEM 9.K.1.
8.D. Authorization to Submit Grant App!icatiQn/¢ommand
Response Vehicle. Authorize staff to submit an application for
matching grant funding (75%-25%) from the Department of Health
and Rehabilitative Services, Office of Emergency Medical Servic-
es, to be used to purchase a Command Response Vehicle.
8,E. Authorization tO Submit Grant Application/Palmpad Data
Collection System. Authorize staff to submit an application for
matching grant funding (75%-25%) from the Department of Health
and Rehabilitative Services, Office of Emergency Medical Servic-
es, to be used to purchase a Palmpad Data Collection System. The
City's match ($9,117.50) is available in Special Project Fund -
Reserve for Fire Rescue (Account No. 115-0000- 248-64.00).
Renewal of Training Agreement with Palm Beach County
School Board. Renew the annual agreement with the Palm Beach
County School Board for the period July 1, 1993 through June 30,
-2- 7/27/93
1994, for vocational educational programs through South Technical
Education Center.
8,G. Service Authorization No, 1,2/Digby Bridges, Marsh and
Associates. P.A. Approve a service authorization in the amount
of $5,330.39 for additional consulting services in conjunction
with the Tennis Center/Stadium Project, with funding from General
Construction Fund - Tennis Center/Stadium Phase I (Account No.
334-4145-572-63.41).
8oH. Chanqe Order No. 1 and Request for Final Payment/Beach
Renourishment. Approve a change order in the amount of
$94,200.96 which represents the adjustment for final fill quanti-
ties and a request for final payment in the amount of $72,406.71
from Great Lakes Dredge and Dock Company for completion of the
Beach Renourishment Project, with funding from Beach Restoration
Fund - Recreational Improvements (Account No.
332-4164-572-63.40).
8.I. Award of Bids and
1. Auctioneering Services - Jim Graham, Inc. Auction-
eers-Brokers, at a fee of 1.9% of gross receipts.
2. Computerized Irrigation Systems - Parks and Recrea-
tion - Hector Turf in the amount of $50,000, with
funding from General Construction Fund - Landscaping
(Account No. 334-4170-572-63.20); pending budget trans-
fer from Decade of Excellence Bond Issue Interest.
3. Rental Rehabilitation - 307 N.W. 2nd Street -
Preston Construction Company in the amount of $17,920
(City's share $9,420), with funding from Community
Development Block Grant - Housing Rehabilitation (Ac-
count No. 118-1975-554-49.19).
8.J. Settlement Offer. Approve an offer of settlement in
the amount of $500, which includes all attorneys fees and costs,
to settle Bowens vs. City of Delray Beach.
Dr. Alperin moved for approval of the Consent Agenda,
as amended, seconded by Mrs. Smith. Upon roll call the Commis-
sion voted as follows: Vice-Mayor Ellingsworth - Yes; Mr. Ran-
dolph - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion
passed with a 4 to 0 vote.
9. REGULAR AGENDA.
9.A. Review of Appealable Land Development Action~ of Vari-
OU~ Boards. Consider accepting the actions and decisions made by
the Planning and Zoning Board, Site Plan Review and Appearance
Board and the Historic Preservation Board during the period July
12, 1993 through July 23, 1993.
-3- 7/27/93
Dr. Alperin moved to receive and file the report,
seconded by Mrs. Smith. Upon roll call the Commission voted as
follows: Mr. Randolph - Yes; Mrs. Smith - Yes; Dr. Alperin -
Yes; Vice-Mayor Ellingsworth - Yes. Said motion passed with a 4
to 0 vote.
9,B, Appeal of Planning and Zoning Director's Decision.
Consider an appeal of the Planning and Zoning Director's decision
to deny the site plan for the Florida Inland Navigation District
(FIND) mitigation site associated with The Anchorage project.
The City Manager stated, as part of The Anchorage
project, the developer has been required to do some mitigation
because of the removal of some mangroves on the property he seeks
to develop. This consists of removing some fill that was previ-
ously placed on the site and planting additional mangroves to
create a situation that allows more tidal fluctuation. It also
requires removal of the exotic species, primarily Brazilian
Pepper (Florida Holly) and Austrailian pines° The only issue the
Planning Director is concerned with is the clearing of the exotic
species and removal of the fill, which requires a couple of
roadways to be put in, one on the north side and one on the south
side. Residents in the immediate neighborhood have expressed
concern because they do not like having an access road opened up
in this manner to the rear of their homes. As a result, the
Planning Director denied the site plan and stated the road on the
south side would need to be removed. Mr. Swaim has since
indicated his actual intent was to plow up and plant the area so
it would not be left as an open roadway. Apparently there was
some miscommunication on this issue, but it appears that the
closure and landscaping of the south roadway is agreeable to all
parties.
Upon question, Mr. Swaim, the applicant, indicated he
has no problem with that operation and he would be willing to
withdraw his appeal. He further stated that his engineers have
assured him there will be no need for an access road once the
mitigation project is completed. Discussion followed regarding
maintenance.
Sandra Almy, representing the Beach Property Owners
Association, commented that it is her understanding that two
years ago the Commission told Mr. Swaim and FIND as follows:
"make it clear that the City does not want public access built
into the project" At the time a boardwalk was being discussed.
Perhaps there is a way to work this out without returning to the
permitting process, but she feels there is a need for a legal
document between Mr. Swaim and the City so there is no
misunderstanding. She feels there is nothing in the current plan
that denies access in any form, regardless of the material of the
road. Her request is that the Commission deny the appeal,
require some type of restriction for access and that the City
present some type of position letter on maintenance.
-4- 7/27/93
Mr. Kovacs, Planning Director, stated he will write an
interpretation, approving the appeal, subject to certain condi-
tions. The intent was to have the area that is ten feet adjacent
to the south boundary to be indistinguishable from those areas
lying to the north or south. Perhaps the addition of a mound or
hill containing any type of vegetation allowed could be used, so
pedestrians would not venture into that area. He also stated
that he would include a provision that a split rail fence will be
installed per Mr. Swain's prior comments.
The City Attorney advised that Mr. Swaim has stated on
the record that he has withdrawn his appeal, so it is not before
the Commission for action; however, direction could be given to
staff or the City Manager to pursue these interim steps and,
should Mr. Swaim choose to appeal that written order, he can
return again to the Commission.
At this time, Vice-Mayor Ellingsworth opened the floor
to public comment.
John Chamberlain, 1145 Harbor Drive, stated he feels if
all the vegetation is removed, the residents will be left with no
privacy. He questioned if perhaps the ten foot buffer could be
increased to 30 feet (30') in order to ensure that their privacy
can be maintained. He expressed concern with trees belonging to
the residents in the area that have become intertwined with those
that are to be removed, pools with enclosures that are in close
proximity to the area to be disturbed and whether or not there is
a performance bond to protect the homeowners. Mr. Kovacs gave an
overview of the site plan, describing the activity that will take
place during the excavation and renurturing of the area. He
stated his goal is to make it as difficult for pedestrians to
access the south area, upon completion, as it is to access it
today.
Mr. Chamberlain repeated his request to move the strip
twenty feet further to the north. The City Manager explained
that this would destroy a portion of the wetlands that the
environmental agencies are trying to recreate. He also stated
that FIND is the permitting agency for removal of the vegetation,
not the City.
E¥~!yn Eberts, Harbor Drive, stated, for security,
privacy and maintenance of property value reasons, she does not
want access available either from the road or the water when the
project is complete. Heavy vegetation is a must for the area.
Bob Westerman, 1125 Harbor Drive, expressed concern for
the wildlife that currently inhabit the area. He feels the road
should be placed on the north side as opposed to the south side.
Mr. Swaim agreed to withdraw his appeal and work with
staff and the Beach Property Owners Association to arrive at a
mitigation plan that will be agreeable to all, at which time he
-5- 7/27/93
will return to the Commission for further consideration should
that become necessary.
9.C. Approval of Road Construction Agreements with William
Swaim and Associates. THIS ITEM WAS REMOVED FROM THE AGENDA.
9.D. Modification of Standards. Consider a request for
modification of the standards to place a boat lift 17.5 feet from
the bulkhead at 3240 Jasmine Drive. City Engineer recommends
approval.
The City Attorney advised that the code requires cer-
tain findings be made prior to granting a modification of stan-
dards pursuant to Section 7.9.4(A) of the Land Development Regu-
lations.
Mr. Randolph moved to approve the request for modifica-
tion of standards, based on positive findings, seconded by Mrs.
Smith. Upon roll call the Commission voted as follows: Mrs°
Smith - Yes; Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes;
Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote.
9.E. Benches and Tra~.h Receptacles Sn ~h~ Downtown Area.
Consider assuming maintenance responsibility for benches and
trash receptacles located in the downtown area.
The City Manager stated that there have been several
discussions over the last couple of years about who is
responsible for maintaining the benches and trash cans in the
downtown area, noting that we cannot find any record where the
City had accepted them for maintenance. It has been the City's
understanding that the DDA was supposed to be maintaining them;
however, the DDA felt that the City had at some point accepted
maintenance responsibility. Hence, this is a request for
clarification of that responsibility. Discussion followed.
Mrs. Smith moved to postpone consideration of this item
pending receipt of an estimate of annual maintenance costs and
work involved with maintaining the benches and trash receptacles
in the downtown area, seconded by Mr. Randolph. Upon roll call
the Commission voted as follows: Dr. Alperin - Yes; Vice-Mayor
Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes. Said
motion passed with a 4 to 0 vote.
9.F. Appointments to the General Employe~ Re~irem~n~ ~om-
mittee. Appoint two members to fill the vacancies created by the
resignations of Nancy Roti and LeRoy Croft.
Mrs. Smith moved to appoint Milena Walinski as a member
of the General Employees Retirement Committee, seconded by Dr.
Alperin. Upon roll call the Commission voted as follows: Vice-
Mayor Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes;
Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote.
-6- 7/27/93
Dr. Alperin moved to appoint Barry E. Rubin as a member
of the General Employees Retirement Committee, seconded by Mr.
Randolph. Upon roll call the Commission voted as follows: Mr.
Randolph - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Vice-Mayor
Ellingsworth - Yes. Said motion passed with a 4 to 0 vote.
9.G, Appointment to the Downtown Development Authority.
Appoint a member to fill the expired term of Anne Bright, to a
term ending July 1, 1996.
Noting that the code violation problems previously
identified have, for the most part, been worked out, Mr. Randolph
moved to reappoint Anne Bright as a member of the Downtown Devel-
opment Authority to a term ending July 1, 1996, seconded by Mrs.
Smith. Upon roll call the Commission voted as follows: Mrs.
Smith - Yes; Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes;
Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote.
Appointments to the Education Board. Appoint three
members to fill the expired terms of Kathryn Sloan, Linda L.
Cochran and Deborah Wright to terms ending July 31, 1995.
Mr. Randolph moved to reappoint Deborah Wright to the
Education Board to a term ending July 31, ~995. The motion died
for lack of a second. Mr. Randolph requested that his appoint-
ment be deferred to the regular meeting of August 10, 1993.
Due to his absence, Mayor Lynch's appointment to the
Education Board was deferred to the regular meeting of August 10,
1993.
Mrs. Smith moved to appoint Robert Hayes to the Educa-
tion Board to a term ending July 31, 1995, seconded by Dr.
Alperin. Upon roll call the Commission voted as follows: Dr.
Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes;
Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote.
At this point, Dr. Alperin stated that he would second
Mr. Randolph's original motion to reappoint Deborah Wright to the
Education Board should Mr. Randolph wish to resubmit the motion.
Mr. Randolph stated that he would like to defer his appointment
to the August 10th meeting.
9,I. Consideration of Bid Awards/Pompey P~rk ~nd Community
Center RerQofing Projec~. Consider alternate bid items, approve
funding sources and award the bids for the Pompey Park and Commu-
nity Center projects.
The City Manager reported that bids had been solicited
for reroofing the lower flat roof for both Pompey Park and the
Community Center. This work will require removing the roof-
mounted air conditioning units and some of these are in such bad
condition that they need to be replaced. The base bid for the
roofing is $61,010; the base bid for the air conditioning is
-7- 7/27/93
$27,750. Four (4) alternates were also bid, which included
reroofing of the Sarah Gleason bath house as alternate
reroofing Pompey Park gymnasium as alternate #2, reroofing commu-
nity center gymnasium as alternate $3, and replacing the mansard
roof at Pompey Park as alternate #4. There is not enough money
available to do all of the alternates at this time. Staff recom-
mends award of the base bids and alternate #! this evening, with
the expectation that the remainder of the alternate work would be
done in the upcoming budget year.
Dr. Alperin moved to award the base bid in the amount
of $27,750.00 to Hoffman Air Conditioning for mechanical unit
replacement, and ~the base bid in the amount of $61,010.00, to-
gether with alternate ~! in the amount of $9,675.00 (total award
of $70,685.00), to Fowler Energy Systems, Inc. for the roofing
work, seconded by Mrs. Smith. Upon roll call the Commission
voted as follows: Vice-Mayor Ellingsworth - Yes; Mr. Randolph -
Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed
with a 4 to 0 vote.
At this point, the time being 7:00 p.m., the Commission
moved to the duly advertised Public Hearing portion of the agen-
da.
10o PUBLIC HEA~INGS.
10,A. Community Development Block Grant Proposed 1993-94
Statement of Objectives. Conduct a public hearing on proposed
expenditure of CDBG funds for fiscal year 1993-94. City Manager
recommends approval.
Lula Butler, Director of Community Improvement, gave a
short presentation regarding the background of the CDBG, explain-
ing that all of the programs they fund must meet one of the
following three national objectives: 1) activities that benefit
low and moderate income persons; 2) activities that aid in the
prevention or elimination of slum and blighted conditions; and,
3) activities that are designed to meet a community development
need having a particular urgency.
Ms. Butler added that this is the first year applica-
tions for funding requests have been made to Community Develop-
ment. Upon receiving three (3) applications, it was determined
that a systematic way of evaluation must be established.
Prior to consideration of passage of this item, a
public hearing has been scheduled to be held at this time.
The public hearing was closed.
Mr. Randolph expressed concern in funding "positions"
from CDBG monies, even though the City is in receipt of this
money for this fiscal year. He asked if these "positions" would
again be under consideration for refunding. He feels that once
-8- 7/27/93
on board, it is very difficult to have them removed. Ms. Butler
responded that it is their position that, when they contract for
service with an organization, it is not a guarantee that it will
be funded every year. It is an annual request and consideration
for funding is determined each year.
Dr. Alperin stated he would like it to be made clear
that the Commission is not setting a policy of creating a posi-
tion wherein it is automatically assumed that it will be financed
in the future.
Dr. Alperin moved to approve the CDBG grant proposals,
seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Mr. Randolph - Yes; Mrs. Smith - (Abstained; form
attached and made a permanent record of these minutes); Dr.
Alperin - Yes; Vice-Mayor Ellingsworth - Yes. Said motion passed
with a 3 to 0 vote.
10.B. Ordinance No. 44-93. An ordinance annexing the Taheri
property located on the east side of Military Trail, south of
Linton Boulevard and north of the Del Aire subdivision, with
initial City zoning of AG (Agriculture), is before the Commission
for consideration on Second and FINAL Reading. 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 Attorney requested that the public hearing on
Ordinance No. 44-93 be postponed to August 10, 1993, at 7:00 p.m.
in the Commission Chambers. Ms. Ruby stated that an error had
been made by the newspaper in publishing one of the required
advertisements and proper advertising needs to take place prior
to consideration of the ordinance at public hearing.
Dr. Alperin moved to postpone the public hearing and
second reading of Ordinance No. 44-93 to the August 10, 1993,
regular meeting at 7:00 p.m., seconded by Mr. Randolph. Upon
roll call the Commission voted as follows: Mrs. Smith - Yes; Dr.
Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes.
Said motion passed with a 4 to 0 vote.
10.C. 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 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. 45-93:
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-
-9- 7/27/93
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.
(Copy of Ordinance No. 45-93 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 Code of Ordi-
nances of the City of Delray Beach, Florida. The public hearing
was closed.
Mr. Randolph moved for adoption of Ordinance No. 45-93
on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll
call the Commission voted as follows: Dr. Alperin - Yes; Vice-
Mayor Ellingsworth - Yes; Mr. Randolph - Yes~ Mrs. Smith - Yes.
Said motion passed with a 4 to 0 vote.
11. Comments and Inquiries on Non-Agenda Items.
ll.A. City Manager's Response to Prior Public Comments and
Inquiries. The City Manager advised that there were no inquiries
at the last meeting which require a response.
ll,B, From The Public,
!I.B,1, Mr. Terrence Hopkinson. 2105 Spring Harbor Drive.
Delray Beach, addressed the Commission concerning the community
tennis program which has been underway this summer and the pos-
itive aspects it has been having in the community. Mr. Hopkinson
encouraged the Commission's support of this program now and in
the future.
ll.B.2. Mr. Wayne Dennis, thanked the Commission for their
support of the gospel concert which recently took place at the
tennis stadium facility. Not only was the event a success, but
it appears to have generated considerable interest in using the
tennis facility for similar events based upon the number of phone
calls which he has been receiving.
ll.B.3. MS. Alic9 Finst, 707 Plac9 Tav~n~, Dglr~y Bgach, re-
ferred to a newspaper article concerning the closing of the
Agricultural Cooperative Extension office which serves the South
County area. Ms. Finst expressed concern about the County's
budget cuts causing the loss of services to South County resi-
dents and asked that the Commission direct the City Manager to
send a letter to the County Administrator requesting that this
action not be taken.
-10- 7/27/93
12. FIRST READINGS.
12.A. Ordinance No. 47-93: An ordinance rezoning property
associated with Mount Olive Missionary Baptist Church from R-lA
(Single Family Residential) to CF (Community Facilities), is
before the Commission for consideration on FIRST Reading. Plan-
ning and Zoning Board recommends approval. If passed, public
hearing will be held August 10, 1993.
The City Manager presented Ordinance No. 47-93:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-IA (SINGLE FAMILY RESIDENTIAL)
DISTRICT IN THE CF (COMMUNITY FACILITIES) DIS-
TRICT; SAID LAND BEING LOCATED ON THE EAST SIDE OF
N.W. 4TH AVENUE, BETWEEN ATLANTIC AVENUE AND N.W.
1ST STREET, AS THE SAME IS MORE PARTICULARLY
DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT
MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Mr. Randolph moved for approval of Ordinance No. 47-93
on First Reading, seconded by Dr. Alperin. Upon roll call the
Commission voted as follows: Vice-Mayor Ellingsworth - Yes; Mr.
Randolph - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion
passed with a 4 to 0 vote.
12.B. Ordinance No, 48-93. An ordinance amending the Land
Development Regulations by amending Subsection 4.3.4(H)(5)(e) to
delete the thirty-five percent (35%) size limitation on screen
enclosures in zero lot line developments, is before the Commis-
sion for consideration on FIRST Reading. Planning and Zoning
Board recommends approval. If passed, public hearing will be
held August 10, 1993.
The City Manager presented Ordinance No. 48-93:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.3.4
, BASE DISTRICT DEVEL-
OPMENT STANDARDS" OF THE LAND DEVELOPMENT REGULA-
TIONS OF THE COD~ OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION
4.3.4(H)(5)(e) TO DELETE THE THIRTY-FIVE PERCENT
(35%) SIZE LIMITATION ON SCREEN ENCLOSURES IN ZERO
LOT LINE DEVELOPMENTS; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
-11- 7/27/93
Mrs. Smith moved for approval of Ordinance No. 48-93 on
First Reading, seconded by Dr. Alperin. Upon roll call the
Commission voted as follows: Mr. Randolph - Yes; Mrs. Smith -
Yes; Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes. Said
motion passed with a 4 to 0 vote.
At this time the Commission returned to the Regular
Agenda, Item 9.J.
9.J, Initial Presentation of FY 1993/94 Budqet.
The City Manager stated he does not have a full budget
presentation at this time, but will have one at the worksession
scheduled for next week. At that time, the proposed millage will
need to be set.
The City Manager advised that the Commission has been
supplied with the table showing General Fund Revenues by category
for 1991/92/93 current estimates and those projected for 1994.
This is at the current tax rate, for operating purposes, of 6.2
mils, with a total millage of 7.15. The revenue picture is
bleak. The City peaked in 1992 with $14,930,000 in revenue.
Because of slight decreases in the total assessed value of the
City, the projection for 1994 at that millage rate is
$14,468,000. This represents a decrease in ad valorem revenues
of almost $500,000. There is nothing that has gone up enough to
offset that decrease. There is a significant increase in the
utility tax from $3,937,000 in 1992 to $4,309,000 this year,
which is also the amount being projected for next year. The City
Manager advised that a significant portion of that was a result
of the increase from 8 1/2% to 9 1/2%, with the offsetting
exemption for residential, to pay the debt service on the Tennis
Center construction, so a part of that increase would be
available for general purposes, but not all of it. Charges for
services is up and nearly $125,000 of the increase is due to the
contract with Highland Beach for providing fire protection. The
miscellaneous revenue has dropped from $700,000 in 1991/92 to a
projected figure of $374,000 in 1994, which is due to the drop in
interest rates. The bottom line is that the City is down just
over a million dollars in revenue when compared to prior years.
The City Manager advised the impact is that if the City
wants to keep its operating millage the same at 6.2 mils, approx-
imately 20 positions would need to be cut, half of which are
currently vacant. He is not positive it can be accomplished at
that level, and it would definitely have an impact on services in
the City as Police and Fire cannot be spared from those cuts in
service. He is trying to put a budget together that will come in
at about 8 mils, somewhere between 7.95 and 8.25. His goal is to
be just under 8 mils, if at all possible.
The City Manager stated that the second part of the
Decade of Excellence Bond Issue can be structured two different
ways. If the City should sell the Second Issue and lay it on top
-12- 7/27/93
of the existing debt, with level debt service on the Second
Issue, the City would need to.increase the debt service millage
.31 of a mil. If the City should wrap it, the debt service would
be leveled out on General Obligation Bonds and three years would
be available on the end where the City would be paying the Second
Issue only. By doing that, the millage will be .17 or .178, so
the millage would be slightly less. If the City should go with
the .31 mils now, the total debt service for both issues, over
their life, is $44,436,000. If it is wrapped, the total debt
service over the life of the Issue is $45,840,000. This is to be
decided by the Commission. The City's present debt service
millage is .95, so the City would be adding to that.
Upon question by Vice-Mayor Ellingsworth, the City
Manager advised he will make a full budget presentation next
Tuesday at the worksession. The proposed millage must be turned
over to the County on Wednesday, August 4, 1993. The first public
hearing will be held at the first regular meeting in September
and, at that time, the tentative millage will be set. The tenta-
tive millage, for all practical purposes, cannot be higher than
the proposed millage. At the second meeting in September, the
second public hearing will be held and the final millage will be
set. The City Manager also stated that some budget workshops
will be scheduled in August and this will be discussed at the
worksession next Tuesday.
9,K, Settlement Offer/17 N.W. 5th Avenue. Consider a set-
tlement offer with Bank of Boynton in the amount of $130,000o00,
which includes all attorney's fees and costs, relative to 17 N.W.
5th Avenue. City Attorney recommends approval.
Dr. Alperin moved approval of the settlement offer,
seconded by Mrs. Smith. Upon roll call the Commission voted as
follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Vice-Mayor
Ellingsworth - Yes; Mr. Randolph - No. Said motion passed with a
3 to 1 vote.
9.K.1. Authorization to Appeal Final Ju~qment (formerly Item
8.C.~. Authorize the City Attorney to appeal final judgment with
regard to forfeiture of property located at 17 N.W. 5th Avenue.
The City Attorney advised that this matter has essen-
tially been settled by virtue of the Commission's vote on the
previous item (i.e., approval of settlement with Bank of Boynton
for property at 17 N.W. 5th Avenue) and, therefore, the request
for authorization to move forward with an appeal is withdrawn.
9,L. Arbitration Request - James Cook/Appointment of Outside
Counsel.
The City Attorney stated that this is a request for
appointment of outside counsel to handle the arbitration request
by Officer James Cook. She recommended that Leonard Carson of
-13- 7/27/93
Carson, Linn and Atkins, P.A., be appointed to handle the case at
the rate of $100.00 per hour.
Dr. Alperin so moved, seconded by Mrs. Smith. Upon
roll call the Commission voted as follows: Dr. Alperin - Yes;
Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith -
Yes. Said motion passed with a 4 to 0 vote.
9.M. Atlantic Avenue Water Line Relocations/Installation of
Conflict Structures.
The City Manager advised that this item has been placed
on the agenda at the request of Commissioner Smith for formal
action. Staff recommends providing conflict manholes at all
conflict points between existing watermain and proposed storm
sewer, at an additional approximate cost of $20,000 including
additional design fees and construction costs.
Mrs. Smith stated that she would be in favor of spend-
ing the additional funds to build the conflict structures in view
of the many variables involved and the potential for prolonged
inconvenience to the residents and businesses along West Atlantic
Avenue due to water shutoffs and boil orders while the work is
underway.
Dr. Alperin moved to approve the expenditure of the
necessary funds to construct the conflict boxes, seconded by Mrs.
Smith. Upon roll call the Commission voted as follows: Vice-
Mayor Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes;
Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote.
13. Comments and Inquiries on Non-Agenda Items.
I$.A. City Commission:
13.A.1, Dr. Alperin had no comments.
13.A.2. Mrs. Smith inquired as to the status of the various
F.I.N.D. tracts within the city regarding ownership or management
by the city. The City Manager reported that some time ago a
request was made by the City to F.I.N.D. to either take them over
or lease them, and it is his understanding that F.I.N.Do is
moving toward making two of the parcels (the one discussed earli-
er this evening and the one that is south of Knowles Park) avail-
able to the city. There are issues such as maintenance which
would have to be worked out, but it is something that would come
to the Commission at a future date for formal action on whether
or not to accept the parcels.
~3.A.3. Mr. Randolph expressed his support for Mr. Hopkinson's
appeal made earlier in the meeting for the introduction of and
support of the youth tennis programs within the community.
-14- 7/27/93
Regarding the refurbishment of the tennis courts at
Pompey Park, Mr. Randolph expressed the hope that this work will
be done as soon as possible. He also expressed the hope that we
will be able to start on the pool project fairly soon, and com-
mented that we may want to look at the possibility of relocating
the pool from its present location.
15,A,4, Vice-Mayor Ellingsworth thanked the City Manager for
the landscape maintenance (tree trimming) which had been done by
the first court at the tennis center, and expressed the hope that
when the second phase starts, some more fencing can be put in
front by the clubhouse. The City Manager commented that the
review of the plans for the second phase of the tennis center is
scheduled for the August workshop meeting.
Mr. Ellingsworth reported that the Delray Beach Nation-
al Little League team is playing tonight in Tampa for the State
Championship, with the suggestion that some form of recognition
would be appropriate.
13.B. City Attorney: No comments.
13.C. City Manager: No comments.
There being no further business, Vice-Mayor
Ellingsworth declared the meeting adjourned at 7:55 P.M.
- ~" city ~erk - /
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 27, 1993,
which minutes ware formally approved and adopted by the City
Commission on (_~~. /c)~ /~
tit-y Cle
NOTE TO READER;
-15- 7/27/93
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.
-16- 7/27/93
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
IA~1%AMI IIR~I ~,~MI MII)I)II '~AMF NAMEOI- i~O~RD. COUNCII.]COMMI.%.~ION. AU1HORI1Y. OR COMMIiqEE
~HICH I SERVE IS A USII'OF
NAME OF ~I.ITICAL SUBDIVISION:
MY ~IlllON I$:
WHO MUST FILE FORM 8B
This form is for use by anD' person sersing at the count.,,', city, or other local level of go,.ernment on an appointed or elected board.
council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced ~'ith a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INITRUCTION$ FOR COMPUANCE WITH SlO11ON1112.3143, FLORIDA $TATUTI$
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which in~ures to the special
gain of a principal (other than a government agency) by whom he is retained.
in either case, you should disclose the conflict:
PRICER TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPG!NTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on.a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
· You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
· A copy of the.form'should be provided immediately to the other members of the agency.
· The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
CE I.ORM ~-IS1
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
You should disclose orally the nature of your conflict in the measure before participating,
You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorl~rate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
i, ~ ~ , hereby disclose that on 7 , 19 ~-'~5 :
(a) A measure came or will come before my agency which (check one)
__ inured to my special prixate gain; or
__ inured to the special gain of by ghom I am retained.
(b) The measure before my agency and the nature of my interest in the measure is'as follows:
Date Filed / /
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM 8B- 141 PAGE