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08-10-93 AUGUST 10, 1993 A Regular Meeting of the City Commission of the City of Delray Beach, Plorida, was called to order by Mayor Thomas Lynch in the Commission Chambers at City Hall at 6:00 P.M., on Tuesday, August 10, 1993. Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Barbara Smith Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A.Ruby 2. The opening prayer was delivered by Reverend Greg Barrette of Unity Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Dr. Alperin asked that a request from the Atlantic High School Band be added to the agenda as the first item on the regular agenda, or Item 9.AA. Dr. Alperin moved approval of the agenda, as amended by the addition of Item 9.AA., 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. 5, Approval of Minutes. Mr. Ellingsworth moved approval of the Regular Meeting Minutes of July 27, 1993, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations. 6.A. Literacy Awareness Month - September 19~3, Mayor Lynch read and presented a proclamation proclaiming the month of Sep- tember, 1993, as LITERACY AWARENESS MONTH, urging all citizens interested in acquiring services or information regarding litera- cy to contact the Palm Beach County Literacy Coalition. Ms. Mary Arpe, Board member of the Literacy Coalition, came forward to accept the proclamation. 7. Presentations. None. 8. CONSENT AGENDA. City Manager recommends approval. 8.A. Renewal of Maintenance Agreemen~/A.L. Roark and Associ- ates. Approve the renewal of the maintenance agreement with A.L. Roark and Associates for the Police Department AS400 Records and CAD modules in the amount of $12,275 with funding from Police Support - Equipment Maintenance (Account No. 001- 2113-521-46.20). 8.B. Amendment to the Agreement with the Florida Department of Natural Resources. Approve an amendment to the.agreement with the Florida Department of Natural Resources, Division of Beaches and Shores, which provides for the extension of the agreement and funding for beach monitoring through 1996. 8.C. Approval of Funding for Emergency Interconnect/Palm B~ch County. Approve funding in the amount of $26,274.55 as required by the Interlocal Agreement with Palm Beach County for participation in the construction of a water main interconnect on Linton Boulevard at the Delray Community Hospital; with funding from Water and Sewer Fund - Water and Sewer Interconnect Boca/Palm Beach County (Account No. 441-5161-536-64.01). 8.D, Extension of Agreement with Private Industry Council. Approve the extension of the agreement with the Private Industry Council for the summer youth employment program until September 30, 1993. 8.E~ First Amendment to Tri-Partite Agreement/Courthouse Expansion. Approve an amendment to the tri-partite agreement between the City, Community Redevelopment Agency and Palm Beach County for the expansion of the South County Courthouse located at 200 West Atlantic Avenue. Contract for Conveyance and Re~gipt/Rgloc~tion of Historic Buildings. Approve the contract between the City and Palm Beach County for the conveyance, receipt and relocation of two historic structures located at 1031 Hillcrest Boulevard and 930 Belmont Place to Delray Beach. 8.G, Interlocal Agreemen~ wi~h th9 Community Re~velopmen~ Agency. Approve an interlocal agreement with the CRA setting forth the CRA's obligations as the City's agent relative to the moving of two historic buildings located at 1031Hillcrest Boule- vard and 930 Belmont Place to Delray Beach. 8.H. Acceptance of Final Statement/Community Dgvelopm~n~ Block Grant. Accept the Final Statement of Objectives and Pro- jected Use of Funds for Fiscal Year 1993/94 and authorize staff to submit the Final Statement to the Department of Housing and Urban Development. - 2 - 8/10/93 8.I. Acceptance of Easement Deed. Accept an easement deed from Tropic Bay Condominium Association which is necessary for the relocation of Lift Station No. 32. 8,J. Reque~ for W~ivgr of L~nds~pe ReQuirements/Phoenix Restaurant and Bar. Approve a request from the Phoenix Restau- rant and Bar, located at 6 South Ocean Boulevard, for waiver of Land Development Regulation Section 4.6.16(H)(4)(d) which re- quires that foundation landscaping be provided at building eleva- tions that are visible from adjacent rights-of-way. Site Plan Review and Appearance Board recommends approval. 8.K. Change Order~ No. 2 and 2A and Request for Final Pay- ment/All-Ri~e P~ving Contractors. Inc~ Void Change Order No. 2 to the contract with All-Rite Paving Contractors, Inc. and ap- prove Change Order No. 2A Final in the net add amount of $54.11, and approve the request for final payment in the amount of $2,892.41 for completion of sidewalk improvements on the west right-of-way of N.W. 1st Avenue from N.W. 2nd Street to the Cason United Methodist Church; with funding from Community Development Block Grant - Streets and Sidewalks (Acct. ~118-1965-554-63.11). 8.L. Change Order No. 7 and Request for Final Payment/ Molloy Brothers. Inc. Approve a change order in the amount of $13,4~9.03 for final plus/minus as-built quantity adjustments and miscellaneous changes to the original contract and change orders thereto, and approve the request for final payment in the amount of $17,440.90 from Molloy Brothers, Inc. for completion of the Northwest Drainage Outfall Project; with funding from Stormwater Utility Fund - N.W. Drainage Project (Acct. ~448-5411-538-62.11). 8.M. Resolution No. 72A-93. A Resolution assessing costs for abatement action required to remove nuisances on 15 proper- ties throughout the City. 8,N, Resolution No, 75-$$. A Resolution assessing costs for abatement action required to remove nuisances on 14 properties throughout the City. 8.0. Agreements fQr PrQfes~ional Service~/Market Research Firms. Approve the agreements for professional services with three market research firms. Mr. Ellingsworth moved for approval of the Consent Agenda as presented, seconded by Dr. Alperin. 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. REGULAR AGENDA: 9.AA. Request for Funding Assistance/A~lantic High School Band Boosters. Mr. Bill Whigham, Vice President of the Atlantic High School Band Boosters, stated that the Atlantic High School -3- 8/10/93 Band has been invited to participate in the "Kick-Off Classic" between Florida State University and the University of Kansas, to be held at Meadowlands Stadium in New Jersey on August 28, 1993. The estimated cost of the trip is $50,000. The band has been working hard to raise the money and to-date has come up~ with $30,000. Time is running out, however, and the Band Boosters are now soliciting support from all facets of the community. On question from Mayor Lynch, the City Manager stated there is some money left in the City Manager's Contingency for the current fiscal year and we could take up to $2,000 out of that fund. After discussion, it was the consensus of the Commis- sion to authorize the City Manager to allocate up to $2,000 from the City Manager's Contingency account for the purpose of finan- cial assistance to the Atlantic High School Band in their efforts to participate in the "Kick-Off Classic" on August 28, 1993. 9.A. Review of Appealable Land Development Actions of Vari- 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 July 26, 1993 through August 6, 1993. Mrs. Smith requested an appeal of the action taken by the Site Plan Review and Appearance Board regarding the modifica- tion for the Phoenix Restaurant to allow more time for the Com- mission to further study the development proposal. Dr. Alperin moved to receive ~nd file the report, with the exception of the item concerning the Phoenix Restaurant, which will be discussed at the next regular meeting, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. Upon question by David Kovacs, Planning Director, Mrs. Smith stated that her concern is regarding the site plan and architectural elevations and those are the items she would like to review further. 9,B. Waiver of Landscape Requirements~Calvary Baptist Church. Consider a request from Calvary Baptist Church for waiver of Land Development Regulations Section 4.6.16(B)(3) which requires that landscaping be upgraded to present landscape stan- dards when any modification occurs to an existing development which results in an increase of 25% of the gross floor area. Site Plan Review and Appearance Board recommends approval of the waiver for the south portion of the site and denial of the re- quest for the north half of the west property line. Dr. Alperin moved approval of a waiver to LDR Section 4.6.16(B)(3) to not provide landscape upgrades on the south half of the property, based upon positive findings with respect to -4- 8/10/93 Sections 2.4.7(B)(5)(a) through (d), and denial of the waiver request to not provide landscaping on the north half of the west property line based upon a failure to make positive findings with respect to Section 2.4.7(B)(5)(d), 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 - No. Said motion passed with a 4 to 1 vote. 9.C, In-Lieu Qf Parking Fee/Phoenix Restaurant and Bar. Consider a request from the Phoenix Restaurant and Bar, located at 6 S. Ocean Boulevard, to pay the in-lieu of parking fee as an alternative to providing additional parking spaces in conjunction with their building expansion project. City Manager recommends approval. Mr. Ellingsworth stated that in this case he does not feel the location warrants the granting of this privilege. Mayor Lynch stated that he does not support the in-lieu of parking provision because $2500 is an inadequate amount to build a parking space. Kevin Egan, Chairman of the Parking Management Team, commented that the actual dollar amount of the "in-lieu of" fee is scheduled to be addressed in the near future by the Parking Management Team and asked if the concept could be approved by the Commission at this time without actually setting a definite figure. The City Attorney advised that the ordinance calls for a specific amount of money, but the item could be deferred and the ordinance amended. Discussion followed in reference to the fee. The City Attorney stated everyone must be treated equally. Should the Commission decide to change the fee that currently exists for this particular person, it would be helpful if he wanted to agree to that. Mr. Ellingsworth moved to postpone action on this item until the Parking Management Team returns with a recommendation, 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.D. Special Permit Request, Consider a special permit request for the Auto Recyclers Mall located at 1180 S.W. 10th Street. Mr. B~rry Stern, applicant, gave a brief presentation explaining how the proposed automobile recycling facility will operate. -5- 8/10/93 In response to question by Mayor Lynch, Mr. Kovacs advised that this operation is allowable under the City's wellfield protection ordinance which restricts uses only within zones one and two which are very close to the wellheads. Howev- er, there is a requirement for monitoring wells and if there are none existing, it will be necessary to install them on the edge of the property with instruction provided regarding the type and handling of materials which can be kept on site. Mr. Stern stated there are monitoring wells located on the site at this time. Mr. Kovacs questioned how the material is moved from the site after the vehicles are disassembled and stored. Mr. Stern responded that ninety percent (90%) of the sales will be made by new car dealers or auto body shops and this is all by delivery. Mr. Kovacs asked if there will be a retail component, to which Mr. Stern commented that there will be a small sales area in the showroom. Mr. Kovacs advised that a direct retail component to the consumer off the street is not allowed under the current code. A code amendment would be necessary in order to accommodate the retail aspect, Mr. Kovacs suggested that the Commission consider more of a directive statement at this meeting since this request would then require conditional use approval through the Planning and Zoning Board and site plan approval through SPRAB, with final approval by the Commission pending the review process. Although this mall is not characterized as a junkyard, it falls under the special permit section in the City's code. The City Attorney advised that the ordinance calls for this special permit and Commission action would be only an au- thorization to proceed through the process~ however, it is her opinion that the Commission, by motion and vote, needs to abide by the ordinance that states a special permit is required, so it should be included as a part of the motion. The consensus of the Commission was to review this ordinance regarding the special permit provision and possibly consider an amendment in the near future. Dr. Alperin moved to approve the granting of a special permit in order for the applicant to proceed through the required process, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes~ Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9oE~ Approval of Road Cons~ruc~i0n Agreements with William Sw~im ~n~ AsSociates. Approve road construction agreements with William Swaim and Associates for Palm Trail and George Bush Boulevard (N.E. 8th Street). -6 - 8/10/93 Assistant City Attorney Tolces advised that a few changes were made to the agreements in response to the concerns raised by the Commission at the last meeting. He reviewed the payment process to reimburse Mr. Swaim for the road improvements, noting that the new language will allow the City to commence payments two (2) years after acceptance of the road improvements as being complete. Mr. Tolces also advised that a limitation has been included, in that, in no year will the reimbursement exceed $100,000 for any one year. Assistant City Attorney Tolces stated that, in the event that gas street lighting is provided, Mr. Swaim agrees to provide the City with an agreement documenting that said gas street lights will be maintained and operated at no cost to the City prior to the completion of the road improvements. Mr. Randolph moved approval of the agreements with William Swaim for road improvements on Palm Trail and George Bush Boulevard, with the amendments noted by the Assistant City Attor- ney, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9,F. Cable Act and Rates. Consider'assuming regulatory responsibility for basic cable rates and equipment charges. City Attorney Ruby stated that the Cable Television Consumer Protection and Competition Act of 1992 is a new act that permits cities to regulate basic cable rates and enforce certain customer service standards. The Commission needs to decide whether they wish to regulate basic rates and equipment charges. If they wish to do so, there are certain certification require- ments which must be met which can be done anytime on or after September 1, 1993. It is her understanding that the County has deferred action on this to see how it works out with regard to rates, etc. The rules are not totally in place at this time and the item is before the Commission simply for information and consideration. Dr. Alperin moved to indefinitely defer consideration of this item, 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,G. Interlocal Agreement with Palm B~ach County/Local option G~$ T~x, Consider an interlocal agreement with Palm Beach County which provides the formula for the distribution of the Local Option Gas Tax. City Manager recommends approval. Mayor Lynch noted that under the Interlocal Agreement, the distribution of the gas tax revenues would be 79% for the County and 21% for municipalities. The Palm Beach County Munici- -7- 8/10/93 pal League is strongly urging cities to support the Interlocal Agreement. Mr. Ellingsworth moved approval of the Interlocal Agreement with Palm Beach County relative to distribution of the Local Option Gas Tax, 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.Ho Ch~ng~ Order No. 3/S.I. Nicholas. Inc. Consider a change order in the amount of $10,345.20 which also extends the contract completion date by three (3) days to the contract with S.I. Nicholas, Inc. for the Fire Station Headquarters project, with funding from 1992 Bond Anticipation Note - Central Fire Station (Account No. 227-2311-522-61.56). City Manager recom- mends approval. Jose Aquila, resident project manager, gave a brief explanation of the issues involved in Change Order No. 3 with S.I. Nicholas, Inc., regarding the Fire Station Headquarters project. Mrs° Smith moved approval of Change Order No. 3 in the amount of $10,345.20 and extending the contract completion date by three days for S.I. Nicholas, Inc. for miscellaneous changes to the Fire Station Headquarters project, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9..I. Change Order No. 3/Dutch Construction ~omp~ny, Inc~ Consider a change order in the amount of $23,722.70 to the con- tract with Dutch Construction Company, Inc. for miscellaneous changes to the Veterans Park Redevelopment project, with funding from 1992 Bond Anticipation Note - Veterans Park Redevelopment (Account No. 227-4126-572-61.63). City Manager recommends ap- proval~ Mayor Lynch expressed concern with the cost of the Har-Tru surface at the lawn bowling courts. After discussion, it was the consensus of the Commission that the $10,210.71 cost for the Har-Tru surface rehab seemed too high and that other quotes should be obtained. Dr. Alperin moved approval of Change Order No. 3 with Dutch Construction Company, Inc., with the exception of $10,210.71 for item ~3 (Rehabilitation of Har-Tru surface at lawn bowling courts due to excessive weathering from March storm), for an adjusted amount of $13,511.99, 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. -8- 8/10/93 At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearing portion of the agen- da. 10. PUBLIC HEARINGS. 10.A, Ordinance NO, 47-93, An ordinance rezoning property associated with Mount Olive Missionary Baptist Church from R-iA (Single Family Residential) to CF (Community Facilities) Dis- trict, is before the Commission for consideration on Second and FINAL Reading. Planning and Zoning Board recommends approval. 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. 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 (COM- MUNITY FACILITIES) DISTRICT; 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. (Copy of Ordinance No. 47-93 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 Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 47-93 on Second and FINAL Reading, seconded by Mr. Ellingsworth. 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. 10oA.1. Request for Conditional Use Approval, Consider a request from Mount Olive Missionary Baptist Church for condition- al use approval to establish a 42 space off-site parking lot on the east side of N.W. 4th Avenue, between Atlantic Avenue and N.W. 1st Street. Planning and Zoning Board recommends approval. Mr. Randolph moved for approval of the conditional use request, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. -9- 8/10/93 Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 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. Planning and Zoning Board recommends approval. 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. 44-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LAND LYING AND BEING IN SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS OF SAID CITY; SAID LAND BEING GENERALLY LOCATED ON THE EAST SIDE OF MILI- TARY TRIAL, SOUTH OF LINTON BOULEVARD; REDE- FINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO AG (AGRICULTURE) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 44-93 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 Charter of the City of Delray Beach, Florida. Michael Weingr, representing the Dei-Aire Country Club Property Owners Association, stated they are not opposed to annexing this property with an (AG) Agriculture designation, but would like to go on record regarding the Land Use Plan and the NC (Neighborhood Commercial) zoning category. The main concern is that staff give immediate consideration to the traffic issue and the review of the safeguard items. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 44-93 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. -10- $/10/93 10.C. 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 Second and FINAL Reading. Planning and Zoning Board recommends approval. 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. 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 DEVELOPMENT S~ANDARDS" OF THE LAND DEVELOPMENT REGULATIONS OF TH~ CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 4o3.4(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. (Copy of Ordinance No. 48-93 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 Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Ellingsworth moved for the adoption of Ordinance No. 48-93 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. .11, Comments and Inquiries Qn Non-Agsn~a Item$~ II,A, City Manager's Response to Prior Public Comments and Inquiries, ll.A,1. The City Manager advised that a letter dated July 22, 1993, has been received from Palm Beach County concerning a number of traffic issues in the vicinity of the Linton Boulevard/ Military Trail intersection. A statement in the letter reads, "The evaluation of this area has been completed and it is staff's recommendation to install a traffic signal at Wal-Mart's en- trance.'' The City Manager stated that he did not know what the timetable is on this, but they have finished the evaluation and determined that a traffic signal is warranted at that entrance. -11- 8/10/93 ll.A,2, In response to the recent inquiry about the Agricultur- al Cooperative Extension Office in Delray Beach and the plans to close that office, the Manager stated that the paid staff is being transferred to West Palm Beach, but there are plans to keep the Delray office open and staffed by volunteers. He has been assured that the volunteers are trained and supervised by the current office staff and are experienced, knowledgable individu- als. ll.B. From The Public. ll,B.1. Mr. Arthur Jackgl, Chairman of United Property Owners, spoke in support of a $150,000 budget allocation to the Police Department for FY 93/94 for the purpose of buying laptop comput- ers for use by patrol officers. This would save time in the process of filing reports and would free up the time of six departmental employees for retraining to do more significant work. With crime on the rise, it is essential that the Police Department maximize its resources to better combat the increasing crime rate in Delray Beach. ll.B,2, Mr. Jonathan Green. 82 N.W. 5th Avenue. Delray Beach, stated that he had called the Police Department about three weeks ago because of a prostitution problem in the 5th Avenue neighbor- hood and was hung up on by the front desk. He stated that he called back and was told that something would be done or else someone would get back with him. No one ever got back to him and the problem still exists. Mr. Green then stated that he had called the Police Department on numerous occasions about noise coming from the West Side Club and nothing has been done about that situation. Mr. Green went on to say that people have been forced out of their homes by code enforcement, have been threatened or ended up selling their homes for little or nothing. The City Manager asked Mr. Green for a specific example of where someone had been forced to sell their property or forced out of their home by code enforcement. Mr. Green responded that when liens are placed on property, pressure is put on people and they end up selling their property. The City Manager again requested that Mr. Green provide him with a specific example of such an occur- rence so that he could review the process to see if there is a problem or if changes need to be made. ll,B.3, Mr, Michael Weiner,. 509 Oleander, Delray B~ch, com- mented that Cultural Heritage Month is coming up in October and then the Virginia Slims Tournament will be back in March of next year. There are a lot of good projects in the works and it would be to the city's benefit to expedite them or at least have them coordinated to be underway in the near future; those projects being the Swinton Avenue beautification, the mouing of the his- toric structures from West Palm Beach to Delray, and the Banker's Row improvements. Mr. Weiner stated that it would be very nice -12- to have these improvements timed to favorably coincide with the upcoming events. 11,B,4, M~. Jgan Beer. Tropic Boulevard. Delray Beach, spoke in support of the Commission regulating cable television. The city awarded a franchise agreement for fifteen years and it appears that the cable company can do whatever it pleases, with the community held hostage. 11.B.5, M~. Vi Hinchliffe, 1112 N.W. 4th Avenue, Delray Beach, spoke in support of the city maintaining control of the golf course clubhouse restaurant as opposed to leasing out the opera- tion. Lease arrangements have been tried in the past and every time it was a disaster. She feels that Mr. Dubin has been doing a good job managing the facility, and that with a decent building he would be able to bring in a good profit for the city. Ms. Hinchliffe stated that the city ought to give Mr. Dubin a chance with the restaurant before getting involved with another lease situation that we may have to buy ourselves out of. 12, FIRST READINGS, 12,A. Ordinance No. 49-93. An ordinance amending the Code of Ordinances relative to Occupational Licenses, is before the Commission for consideration on FIRST Reading. If passed, public hearing will be held August 24, 1993. The City Manager presented Ordinance No. 49-93. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XI, "BUSINESS REGULATIONS", CHAPTER 110, "OCCUPATIONAL LICENSES GENERALLY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 110.02, "LICENSE REQUIRED", TO PROVIDE FOR LICENSES FOR PERMANENT BUSINESSES OR BRANCH OFFICES; BY AMENDING SECTION 110.03, "OCCUPATIONAL LICENSES, DATE LICENSE DUE AND PAYABLE", TO PROVIDE FOR PAYMENT DATES; SECTION 110.04, "DURATION-EXPIRATION DATE", TO PROVIDE FOR AN EXPIRATION DATE FOR EACH LICENSE; BY REPEAL- ING SECTION 110.07, "TRANSFER OF LICENSE", AND ENACTING A NEW SECTION 110o07, "TRANSFER OF LICENSE", TO PROVIDE FOR INCREASED FEES FOR LICENSE TRANSFERS; ADDING A NEW SECTION 110o10(C) TO PROVIDE FOR CIVIL ACTION AND PENALTIES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. -13- 8/10/93 The City Attorney noted that there is a minor change to the ordinance in Section 2, second line, the words "September lst" need to be added before the underscored words August 1st, and then be struck through to accurately reflect the change being made to the current ordinance. This is a legislative format change and is not significant to the ordinance. Mrs. Smith moved for the adoption of Ordinance No. 49-93 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. At this time the Commission returned to the Regular Agenda, Item 9.J. 9.J~ Appointments to the EducatiQn Boar~ Appoint two members to the Education Board to terms ending July 31, 1995. The appointments will be made by Commissioner Randolph and Mayor Lynch. Mr. Randolph moved to appoint Ms. Jounice Jackson Hill-Parker to the Education Board to a term ending July 31, 1995, 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 stated he wished to recommend the reap- pointment of Ms. Kathryn Sloan to the Education Board to a term ending July 31, 1995. Dr. Alperin so moved, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9,K. Appointments to the Planning and Zoning Board, Appoint three members to the Planning and Zoning Board to terms ending August 31, 1995. The appointments will be made by Commissioner Randolph, Mayor Lynch and Commissioner Smith. Mr. Randolph moved to appoint Ms. Daisy Mae Fulton to the Planning and Zoning Board to a term ending August 31, 1995, 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. Mayor Lynch stated that he wished to appoint Ms. Randee Golder to the Planning and Zoning Board to a term ending August 31, 1995. Mrs. Smith so moved, 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. -14- 8/10/93 Mrs. Smith moved to appoint Mr. Frank Wheat to the Planning and Zoning Board to a term ending August 31, 1995, 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.L, Appointments to the Site Plan Review and Appearance Board. Appoint one (1) member to the architect/civil engineer position and two (2) members to the layperson positions on the Site Plan Review and Appearance Board to terms ending August 31, 1995. The appointments will be made by Commissioner Alperin (layperson), Commissioner Ellingsworth (architect/civil engineer) and Commissioner Randolph (layperson). Dr. Alperin moved to reappoint Dr. L. Thomas LaSalle to a layperson position on the Site Plan Review and Appearance Board to a term ending August 31, 1995, 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. Mr. Ellingsworth moved to appoint Richard Sheremeta to the architect/civil engineer position on the Site Plan Review and Appearance Board to a term ending August 31, 1995, 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. Mr. Randolph moved to appoint John Weaver to a layperson position on the Site Plan Review and Appearance Board to a term ending August 31, 1995, 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. Appointments tO the Historic Preservation Board. Appoint three members to the Historic Preservation Board to terms ending August 31, 1995. The appointments will be made by Commis- sioner Randolph, Mayor Lynch and Commissioner Smith. Mr. Randolph moved to appoint C. Spencer Pompey to the Historic Preservation Board to a term ending August 31, 1995, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Mayor Lynch stated that he wished to reappoint Cecil "Sandy" Jamison to the Historic Preservation Board to a term ending August 31, 1995. Mr. Randolph so moved, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor -15- 8/10/93 Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. Mrs. Smith moved to appoint John Vaughn to the Historic Preservation Board to a term ending August 31, 1995, contingent upon the Clerk's office verifying eligibility via residency and/or property ownership; seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.N. Appointments to the Board Qf Adiustmen$o Appoint two regular members and two alternate members to the Board of Adjust- ment to terms ending August 31, 1995. The appointments will be made by Commissioner Smith (regular member), Dr. Alperin (regular member), Mr. Ellingsworth (alternate member) and Mr° Randolph (alternate member). Mrs. Smith moved to appoint Robert Puzey as a regular member of the Board of Adjustment to a term ending August 31, 1995, 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. Dr. Alperin moved to appoint Cheryl Lee-Bennett as a regular member of the Board of Adjustment to a term ending August 31, 1995, seconded by Mr. Randolph. Upon roll call the Commis- sion 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 appoint Fred Bonardi as an alternate member of the Board of Adjustment to a term ending August 31, 1995, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Mr. Randolph moved to appoint Robin Bird as an alter- nate member of the Board of Adjustment to a term ending August 31, 1995, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.0. Appointments ko the Board of Construction App$$1~. Appoint one member to the general contractor position, one member to the master plumber position, one member to the architect position, and one member to the sign contractor position on the Board of Construction Appeals to terms ending August 31, 1995. The appointments will be made by Mayor Lynch (general contrac- tor), Commissioner Smith (master plumber), Commissioner Alperin (architect) and Commissioner Ellingsworth (sign contractor). -16- 8/10/93 Mayor Lynch stated that he wished to appoint John Henderson to the general contractor position on the Board of Construction Appeals to a term ending August 31, 1995. Mr. Randolph so moved, seconded by Mr. Ellingsworth. 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 moved to appoint Daniel P. Hess to the master plumber position on the Board of Construction Appeals to a term ending August 31, 1995, 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. Dr. Alperin moved to appoint Roy Simon to the architect position on the Board of Construction Appeals to a term ending August 31, 1995, 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 appoint Mark Little to the sign contractor position on the Board of Construction Appeals to a term ending August 31, 1995, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9oP. Appointments to the Occupational License Equity Study Commission/R~olu~ion No, 74-93. Approve Resolution No. 74-93 creating the Occupational License Equity Study Commission and appoint members. The City Manager presented Resolution No. 74-93: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING THE OCCUPATIONAL LICENSE EQUITY STUDY COMMIS- SION AS AN AD HOC COMMITTEE OF THE DELRAY BEACH CITY COMMISSION; PROVIDING FOR THE AUTHORITY OF SAID COMMISSION; P~OVIDING FO~ THE COMPOSITION OF SAID COMMISSION; PROVIDING AN EFPECTIVE DATE AND ESTABLISHING A SUNSET DATE. (Copy of Resolution No. 74-93 is on file in the offi- cial Resolution Book) Mrs. Smith submitted the name of Mark Little to serve as a member of the Equity Study Commission. Dr. Alperin submit- ted the name of Dr. Frank Shapins. Mr. Ellingsworth submitted the name of Dan Burns. Mr. Randolph requested that his appoint- ment to the Equity Study Commission be deferred to the August 24, -17- 8/10/93 1993, regular meeting. Mayor Lynch submitted the name of Robert Hayes to serve as a member of the Equity Study Commission. Dr. Alperin moved to approve Resolution No. 74-93 together with the appointment of the named members to the Occupa- tional License Equity Study Commission, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 13. CQmm~D~s and Inquirie~ on Non-Aqend~ Items: 13.A. City Commission. 13.A.i. Mr. Ellingsworth asked the City Manager if the blinking traffic lights on East Atlantic Avenue at 4th, 3rd and 2nd were being tested on a trial basis during the summer. The City Manag- er stated that the blinking lights were started in the summer because of the lower traffic count. Based on the response re- ceived, it has been determined that the signal at 4th and Atlan- tic needs to be turned back on and action is underway to get that accomplished. 15.A.2. Mr. Randolph expressed concern about the extensiveness of the drug problem in the community and his perception that drugs continue to be sold openly and are creating a multitude of problems. He stated that all the sophisticated equipment we can buy is not going to stop the drugs from coming in on the street unless stronger measures are taken to stop the drugs at higher levels and not just the guy selling them on the corner. The problem needs to be shut off at the source and that is where our efforts should be concentrated. 13oA,~. Mayor Lynch had no comments. 13.A.4. On a lighter note, Mrs. Smith commented that her fa- ther-in-law was on the Commission in 1947 and 1948 and the City's budget at that time was $168,535 ... a far cry from where we are today. 13.Ao5. Dr. Alperin commented on the fine quality of the per- formances which have been presented at Old School Square, during both the regular season and the summer season. He encouraged all to attend for quality entertainment. 13.B~ City A~torney. No comments. 13.~, City M~nagero The City Manager announced that John Walker has been named to receive the Florida Shore and Beach Preservation Association's 1993 Local Government Award. The award will be presented at Association's awards banquet on Sep- tember 2, 1993, at Amelia Island Plantation. The award is pre- sented annually to a local government official who has achieved significant results in beach preservation or beach enhancement. -18- 8/10/93 John Walker was recognized for his outstanding administration of Delray Beach's renourishment program, one of the most successful of its kind in the nation. There being no further business, Mayor Lynch declared the meeting adjourned at 7:55 p.m. J City- -c~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 August 10, 1993, which minutes were formally approved and adopted by the City Commission on ....... (~x~X~n~ o76/~ /99c7 - -- JCity Cl~k ; NOTE TO READER: If the minutes that you have received are not completed as indi- cated above, then this means that these are not the official minutes of the City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions or deletions to the minutes as set forth above. -19- 8/10/93