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04-09-91 APRIL 9, 1991 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 5:50 P.M., Tuesday, April 9, 1991. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner William Andrews Commissioner Armand Mouw Commissioner David Randolph Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz 2. The opening prayer was delivered by Reverend Charles E. Marcelle, of the Church of God. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Randolph moved for the adjournment of this meeting, second- ed by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. ANNUAL ORGANIZATIONAL MEETING OF COMMISSION 1. Commission Members-Elect Armand Mouw and William Andrews S'~bscribed to the Oath of Office administered by Sue Morrison, Acting City Clerk. 2. Roll call showed: Present - Commissioner Jay Alperin Commissioner William Andrews Commissioner Armand Mouw Commissioner David Randolph Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz. 2.A. Selection of Commission Member to serve as Vice-Mayor for one year. Mr. Andrews moved to nominate Commissioner David Randolph to serve as Vice-Mayor for one year with the proviso that he change seats with him, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 2.B. Selection of Commission Member to serve as Deputy Vice-Ma~or for one Year. Mr. Randolph moved to nominate Commissioner Jay Alperin to serve as Deputy Vice-Mayor, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 2.C. Acceptance of Meeting Dates for 1991/1992. Mr. Mouw moved to reschedule the July 2, 1991 Workshop to July 16, 1991 and allow the Commission to adjust other meetings as the summer progresses, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 2.D. Review and Readoption of City Commission Local Rules. Dr. Alperin moved to continue in the same manner regarding the Local Rules and to add "to include Budget Reviews" to Item No. 4, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 2.E. Appointment of Mayor and Commissioners as Liaison Members to Advisory Boards/Committees. Mr. Randolph moved to approve the Liaison Members as currently exists, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 3. Presentation of Statements, if desired, by Commission Members. 3.A. Mr. Andrews stated, "It was a tough victory, but someone had to do it". REGULAR MEETING AGENDA 4. Assistant City Attorney Ruby advised there is an addendum to Item No. 9.S. of the Regular Agenda. The City Manager stated there was additional information added to Item No. 9.F. Mr. Mouw moved to approve the agenda as presented, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. -2- 4/9/91 Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Reqular Meeting Minutes. None. 6. Proclamations. 6.A. Mayor Lynch read and presented a proclamation recognizing Lillian Feldman for her efforts in organizing the candidate forums for the last two municipal elections. 6.B. Mr. Mouw read and presented a proclamation proclaiming the week of April 8-12, 1991, as "Building Safety Week". Lula Butler, Director of Community Improvement, came forward to accept the proclamation. 6.C. Mayor Lynch read and presented a proclamation proclaiming April 21, 1991, as "Earth Day". Ms. Butler came forward to accept the procla- mation. 6.D. Mayor Lynch read and presented a proclamation proclaiming April 26, 1991, as "Arbor Day". Ms. Butler came forward to accept this proclamation. 7. Presentations. None. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: Mr. Andrews requested that the Consent Agenda be amended to add an amendment to Item 8.B., regarding the Municipal Golf Course, that the Commission provide a plan for (1) smoother play; (2) sand trap refur- bishment and lateral fairway/rough traps to conserve water and acceler- ate play; (3) better alignment of golf ball flight as it relates to adjacent housing and roadways; and (4) better use of nursery plantings for aesthetic and functional use, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Mouw - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Mr. Andrews stated he does not understand why the City provides no guidelines to maintain an asset of this value. The money being made should be taken and used by the City. On a simple aerial photo, all water lines could be mapped out, play could be reconstructed around the water and all these changes could be effected. The City Manager stated some planning has been done regarding a plan for the City's Capital Improvement Program; however, to his know- ledge, no one has taken a comprehensive look at the course layout. Mr. Randolph commented that there will need to be changes in this budget, if there are items that will require additional financing. -3- 4/9/91 The City Attorney stated, if there is not a consensus, it might be a good idea to move this item to the Regular Agenda. The City Attorney stated Item No. 8.I. is a resolution for the education budget cut and currently directed to Governor Lawton Chiles, Florida State Department of Education of Palm Beach County School Board and Board of County Commissioners. He suggested it also be directed to members of the local legislative delegation. The Commission concurred. The City Attorney further stated, with respect to Item No. 8.K. on the easement agreement, there is a typographical error where it refers to a subaqueous cable rather than a subaqueous water main, but he does not anticipate any problem with the Army Corp of Engineers in getting it changed. Mayor Lynch requested that Item No. 8.B. be moved to the end of the Regular Agenda since more discussion seems necessary. 8.A. Ratification of Executive Director Employment Agreement/South Central Regional Wastewater Treatment and Disposal Board. The Commis- sion is to consider ratifying the employment agreement between Robert Hagel and the SCRWTD Board. City Manager recommends approval. 8.B. Moved to the Regular Agenda as Item 9.T. 8.C. Renewal of Agreement with the Town of Gulfstream. The Commis- sion is to consider approving the renewal of an agreement between the City and Town of Gulfstream for emergency police and fire dispatching services. City Manager recommends approval. 8.D. Request From American Cancer Society. Approval of a request from the American Cancer Society to distribute free sunscreen products at Atlantic Dunes, Anchor Park and the Municipal Beach on April 13th from 11:00 A.M. to 2:00 P.M. and to waive parking fees for the volun- teers, is before the Commission for consideration. City Manager recom- mends approval. 8.E. Recommendation to Waive Landscape Requirements. The Commission is to consider approval of a staff recommendation to waive the interior landscape requirements for Leisure Landscape necessary to accommodate an upgrade of their site located on the west side of S.W. 16th Avenue, just north of S.W. 10th Street. City Manager recommends approval. 8.F. Resolution No. 24-91. Resolution No. 24-91, assessing costs for abatement action required to remove nuisances on 26 properties throughout the City, is before the Commission for consideration. The caption of Resolution No. 24-91 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 -4- 4/9/91 LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT 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 ASSESS- MENTS. (Copy of Resolution No. 24-91 is on file in the official Resolution Book) 8.G. Resolution No. 25-91. Resolution No. 25-91, abandoning an easement in Grove Park, for the Church of God of Prophecy, is before the Commission for consideration. City Manager recommends approval. The caption of Resolution No. 25-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 10 FOOT UTILITY EASEMENT LYING OVER THE NORTH 10.00 FEET OF LOTS 20, 21 AND 22. BLOCK 40, GROVE PARK, A SUBDIVISION AS RECORDED IN PLAT BOOK 12, PAGE 71 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 25-91 is on file in the official Resolution Book) 8.H. Resolution No. 26-91. Resolution No. 26-91, formally creating the Carver Middle School Task Force as a City advisory board, is before the Commission for consideration. City Manager recommends approval. The caption of Resolution No. 26-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING THE CARVER MIDDLE SCHOOL TASK FORCE AS AN ADVISORY BODY TO THE CITY COMMISSION; PROVIDING FOR THE AUTHORITY OF SAID TASK FORCE; PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF SAID TASK FORCE; PROVIDING FOR THE COMPOSITION OF SAID TASK FORCE AND THE RATIFICATION AND/OR DIRECT APPOINTMENT BY THE CITY COMMISSION OF MEMBERS TO SAID TASK FORCE; PROVIDING AN EFFECTIVE DATE AND SETTING A SUNSET DATE. (Copy of Resolution No. 26-91 is on file in the official Resolution Book) 8.I. Resolution No. 27-91. Resolution No. 27-91, urging the Governor to reconsider his proposed education budget cuts, is before the Commis- sion for consideration. City Manager recommends approval. The caption of Resolution No. 27-91 is as follows: -5- 4/9/91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING GOVERNOR CHILES TO RECONSIDER THE PROPOSED STATE-WIDE BUDGET REDUCTIONS FOR PUBLIC EDUCA- TION. (Copy of Resolution No. 27-91 is on file in the official Resolution Book) 8.J. Resolution No. 28-91. Resolution No. 28-91, modifying the Community Redevelopment Plan to provide for a more detailed commitment of funds for the N.E. 2nd Avenue streetscape improvements project, is before the Commission for consideration. City Manager recommends approval. The caption of Resolution No. 28-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH, FLORIDA; TO PROVIDE FOR A MORE DETAILED COMMITMENT OF FUNDS FOR THE NORTHEAST SECOND AVENUE STREETSCAPE INPROVEMENTS AS CONTEMPLATED BY THE PLAN; FINDING THAT THE MODIFICATION CONFORMS TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATION IS CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTES SECTION 163.360 (6)(7); AND PROVIDING FOR SEVERABILITY. (Copy of Resolution No. 28-91 is on file in the official Resolution Book) 8.K. Acceptance of an Easement A~reement. The Commission is to consider accepting an easement agreement from the Department of the Army for the installation of our subaqueous water main. City Manager recom- mends approval. 8.L. Award of Bids and Contracts. 1. Computer Equipment - City Attorney's Office - Nynex Busi- ness Center in the amount of $26,326 with funding from City Attorney's Office Equipment Other (Account No. 001-1611-514-60.89). Account balance $33,000. City Manager recommends approval. 2. Telephone Equipment - Environmental Services - Norstar in the amount of $24,983.30 with funding from Water and Sewer Buildings (Account No. 441-5161-536-60.31). Account balance $27,063. City Manager recommends approval. 3. Flow Monitors and Software - Environmental Services - March McBirney, Inc. in the amount of $34,245 with funding from Water and Sewer Repair and Replacement/Sewer Flow Measuring Device -6- 4/9/91 (Account No. 442-5178-536-64.08). Account balance $45,000. City Manager recommends approval. 4. Token Ring/Cables - Environmental Services - Microage Computer Centers in the amount of $11,529.72 with funding from Water and Sewer Repair and Replacement Computer Hard- ware/Software (Account No. 442-5178-536-64.09). Account balance $130,505. City Manager recommends approval. 5. Housing Rehabilitation - 507 S.W. 7th Avenue - MJD Con- struction Services in the amount of $17,000 with funding from Community Development Block Grant Program (Account No. 118-1963-554-60.23). Account balance $131,216.62. City Manager recommends approval. 6. One (1) Ford Taurus Sedan (replaces two wrecked vehicles) - Police Department - Duval Motor Company in the amount of $10,714 with funding from Insurance Fund Property Claims (Account No. 551-1575-591-34.61 - balance $35,197) and Police Automotive (Account No. 001-2115-521-60.84 - balance $3,031). City Manager recommends approval. 7. Fire Hose - Fire Department - Snap-Tire Hose, Inc. in the amount of $11,000 with funding from Fire Department EMS/Pumps and Hoses (Account No. 001-2315-526-60.88). Account balance $15,000. City Manager recommends approval. Dr. Alperin moved to approve the Consent Agenda, moving Item 8.B. to the end of the Regular Agenda and approving the remainder of the Consent Agenda, as amended, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 9.A. Review of Appealable Land Development Actions of Various Boards. The Commission is to consider accepting actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period of March 26 through April 8, 1991. Dr. Alperin moved to accept the report, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes;Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.B. Continuation of Ordinance No. 31-90. Ordinance No. 31-90, rezoning property in Block 20, Town of Delray, from GC (General Commer- cial) District and R-lA (Single Family Dwelling) District to CF (Commu- nity Facilities) District to accommodate the proposed relocation of Fire Station No. 1, is before the Commission for consideration. Planning and Zoning Board recommends approval. Public Hearing was held August 14, 1990. The City Attorney recommends continuation of Ordinance No. 31-90. -7- 4/9/91 The City Manager presented Ordinance No. 31-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT, IN PART, AND R-lA (SINGLE FAMILY DWELLING) DISTRICT, IN PART, IN CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PORTION OF BLOCK 20, TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND BEING LOCATED ON THE NORTH SIDE OF ATLANTIC AVENUE, BETWEEN NORTHWEST 5TH AVENUE AND NORTHWEST 6TH AVENUE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney did not read the caption of the ordinance. The City Attorney stated he recommends this ordinance be continued in order to amend the body to reflect the revised legal description. First Reading will be held April 23, 1991. Dr. Alperin moved to continue Ordinance No. 31-90, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.C. Further Consideration of Ordinance No. 7-91. Ordinance No. 7-91, annexing to the City of Delray Beach land lying and being in Section 14, Township 46 South, Range 42 East, Palm Beach County, Flori- da, effective March 1, 1991, is before the Commission for further consideration. This annexation is commonly referred to as West Atlantic Avenue Annexation #3. The City Manager presented Ordinance No. 7-91: 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 14, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE NORTHWEST AND SOUTHWEST CORNERS OF MILITARY TRAIL AND ATLANTIC AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO PC (PLANNED COMMERCIAL) DISTRICT, IN PART, AND POC (PLANNED OFFICE CENTER) DISTRICT, IN PART, AND GC (GENERAL COMMERCIAL) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -8- 4/9/91 The City Attorney did not read the caption of the ordinance. The City Attorney stated it is his recommendation that this item be postponed until such time as the owners of the shopping center can be convinced that there are advantages to being annexed. The City does not have a voluntary annexation agreement due to the fact that a paragraph was deleted in the original service agreement. The memo from Mr. Kovacs indicates that the scope of water service was expanded internally, which was an illegal act on the part of the applicant. It is being recommended that the City shut off the water that is being supplied to that portion of the property on which there is no water service agreement. Mayor Lynch stated, if this needs to be expedited, the Commis- sion will schedule Special Meetings to handle this. Mr. Randolph moved to continue this item to April 23, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 9.D. Direction Re: Height Regulation' Pplicy. The Commission is to consider providing direction regarding height regulation policies in relation to a request from Bell South to allow a 150 foot, self-support- ing communications tower on the Holland property located southwest of the intersection of Linton Boulevard and Military Trail, adjacent to the BocaRay Plaza and South County Mental Health facility. Upon question by Mr. Andrews if this will enhance the service to the residents of Delray Beach, a representative from Bell South Mobility, Inc., stated that it definitely would. He also stated the City does not receive utility fees for this as Bell South Mobility and the Cellular Systems are not public utilities. The City Manager stated the City has a 7% tax on telecommunications and he feels it does apply, but he would need to research this in order to learn how. Jeff Ebihara, Real Estate Manager for Bell South Mobility, Inc., stated the area in question is one from which they have received numerous complaints and they are trying to meet the existing demand. Mr. Andrews questioned if competitors experience the same problem, will they be permitted to attach to Bell South's tower, as opposed to the City facing a request to install a second tower. Mr. Ebihara responded they have a very good relationship with Cellular One and co-locate with them in other areas of the State. The Commission concurred to direct this item to P&Z for con- sideration of height. 9.E. Direction Re: In-Lieu Parking Fees. The Commission is to consider providing direction regarding the in-lieu of parking fee requirements in relation to a request from Fiduciary Research Inc., for waiver of the off-street parking regulations which requires three additional parking spaces in conjunction with the proposed redevelopment -9- 4/9/91 of their site located at the northeast corner of S.E. 4th Avenue and S.E. 1st Street in the Central Business District. David Kovacs, Director of P&Z, stated the applicant is adding a small addition to their property and another three parking spaces are needed. If parking cannot be provided on site, an in-lieu fee of $2500 is required per parking space or off-site parking is required within 300 feet of the site. Mayor Lynch expressed the feeling that this should be handled by the P&Z Board. Mr. Kovacs stated the P&Z Board has no power on the site, but are simply a recommending body. Dr. Alperin stated a way out, until a decision is made, is to place the fee in an interest-bearing account until a decision is made to proportionally redistribute or refund the amount. Douglas Mummaw, representing Fiduciary Research Inc., stated the applicant would not object to that procedure. Dr. Alperin moved to place this in escrow, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. Dr. Alperin stated he would like to see a solid plan in place before he made a decision. Mr. Mouw stated he feels the $2500 stifles people who would like to improve their downtown property. Mr. Andrews stated he feels it is a Planning issue and the fee should be dropped all over town to see if an impact will be created. Mr. Randolph stated he does not agree with totally eliminating the $2500 fee, but neither does he want to see a total overload on the off-street parking. Mayor Lynch expressed the feeling that the fee is inaccurate. He also reminded everyone the "in-lieu" of parking was "in-lieu" because there was no alternative. He also commented if the fees are waived, he feels they should be Sunset for possibly one or two years because the City is looking to redevelop and encourage development. The Commission concurred to request that the DDA give direction as to what they feel they need. Mr. Kovacs stated the P&Z will present the issue to the DDA and explain that it is now before them to supply input to the Commission regarding an initial proposal with a time certain that it should be completed. PUBLIC HEARINGS At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10.A. Request for Inclusion on the City's List of Nostalgic ~i~ns. A request to add the Porter Paints rooftop sign to the City's list of Nostalgic Signs, is before the Commission for consideration. City Manager recommends approval. Prior to consideration of this request a public hearing has been scheduled to be held at this time. -10- 4/9/91 The City Attorney stated there is nothing in the Code that specifically refers to a nostalgic sign designation. This is simply a waiver of the Sign Code. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Mouw moved to waive the Sign Code in order to allow the rooftop sign designation, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No. Said motion passed with a 3 to 2 vote. 10.B. Ordinance No. 36-91. Ordinance No. 36-91, amending the Code of Ordinances to provide for a change to the definition of "Continuous Service" to allow for benefit eligibility to continue during military service; to provide for a change in the length of terms of service for Pension Board members to two years; and to provide that the Secretary of the Pension Board of Trustees shall be a member of the Board, 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. 36-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 3, "ADMINISTRATION", CHAPTER 33, "POLICE AND FIRE DEPARTMENTS', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.60, "DEFINITIONS", TO PROVIDE FOR A CHANGE TO THE DEFINITION OF "CONTINUOUS SERVICE", PARA- GRAPHS 2 (a) AND (b) TO ALLOW FOR BENEFIT ELIGIBILITY TO CONTINUE DURING MILITARY SERVICE; AMENDING SECTION 33.65 (B), "ADMINISTRATION", TO PROVIDE FOR A CHANGE IN THE LENGTH OF TERMS OF SERVICE FOR PENSION BOARD MEMBERS TO TWO YEARS; AND AMENDING SECTION 33.65 (I), TO PROVIDE THAT THE SECRETARY OF THE PENSION BOARD OF TRUSTEES SHALL BE A MEMBER OF THE BOARD; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Andrews left the Commission Chambers at this time. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 36-91 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. -11- 4/9/91 10.C. Ordinance No. 19-91. Ordinance No. 19-91, amending the Land Development Regulations by deleting the term "signals" from subsection 4.6.9(D) (6) (d) and replacing it with "signs and markings", and providing that all signs and markings relating to off-street parking shall comply with M.U.T.C.D. design criteria, except that the City Engineer or his designee may waive such compliance on a case-by-case basis, and provid- ing an appeal process, 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 sched- uled to be held at this time. The City Manager presented Ordinance No. 19-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(D)(6) "DESIGN STAN- DARDS'', SUB-SUBSECTION 4.6.9(D)(6), "MARKING AND SIGNING", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY DELETING THE WORD "SIGNALS" FROM PARAGRAPH (d) AND ADDING THE WORDS "SIGNS AND MARKINGS". AND PROVIDING THAT ALL SIGNS AND MARKINGS SHALL COMPLY WITH M.U.T.C.D. DESIGN CRITERIA EXCEPT THAT THE CITY ENGINEER, OR HIS DESIGNEE, MAY WAIVE SUCH COMPLIANCE ON A CASE-BY-CASE BASIS; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE, PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Commissioner Andrews returned to the Commission Chambers at this time. Upon question by Mayor Lynch, the City Manager stated this ordinance is amending the LDRs so that all signs conform to the Manual of Uniform Traffic Control Devices. The City Engineer has the authority to waive compliance in cases where he sees fit. Dr. Alperin moved for the adoption of Ordinance No. 19-91 on Second and FINAL Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public. ll.A.1. The City Manager stated, in response to Mr. Kleiner's question last week regarding the disparity of the stormwater utility assessments -12- 4/9/91 for condominiums, he met with Rob Taylor, Deputy Director of Environ- mental Services/Public Works, who explained the process had been changed to an assessment based on the actual amount of the previous area, as opposed to having a standard or average assessment. ll.A.2. The City Manager stated Lorraine Kasper raised a number of issues in regard to contacting the right people concerning Code Enforce- ment personnel after hours. Lula Butler met with her and addressed her concerns. Staff has again been reminded to keep the transfer of tele- phone calls to a minimum when at all possible. Mayor Lynch questioned if the Police Department was also filling in when certain Code problems arise. The City Manager responded they are working with them in areas for which they are equipped. ll.A.3. The City Manager stated the petitions from the Guardians has been received. There are two individuals involved in the Police Depart- ment that were previously the subject of internal affairs investigations and, therefore, should not be brought up. Mr. Mark O'Neal brought up another incident, which has been referred to the Police Department and an internal affairs investigation is underway. ll.B. There were no comments and inquiries from the public. FIRST READINGS 12.A. Ordinance No. 37-91. Ordinance No. 37-91, rezoning Lots 1 and 2, Block 3, Seagate Section A, located on the southwest corner of A1A and Bucida Road from R-1AAA (Single Family Residential) to CF (Community Facilities) to accommodate a proposed off-site parking lot for the Seagate Hotel and Beach Club, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 23rd. Planning and Zoning Board recommends denial. The City Manager presented Ordinance No. 37-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-l-AAA (SINGLE FAMILY RESIDENTIAL) DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOTS 1 AND 2, BLOCK 3, SEAGATE SECTION "A", DELRAY BEACH, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20, PAGE 48, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND LOCATED AT THE SOUTHWEST CORNER OF STATE ROAD A1A AND BUCIDA ROAD; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch opened the floor for Public Hearing. -13- 4/9/91 Elizabeth Matthews, 1024 White Drive, came forward and spoke in opposition to this ordinance. Mr. Mouw moved for denial of the adoption of Ordinance No. 37-91 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 12.B. Ordinance No. 38-91. Ordinance No. 38-91, amending the Land Development Regulations to grant the Planning and Zoning Board denial authority, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 23rd. City Manager and the City Attorney recommend denial. The City Manager presented Ordinance No. 38-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINIS- TRATIVE PROVISIONS", ARTICLE 2.2, "ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES FOR LAND DEVELOPMENT REGULATIONS", SECTION 2.2.2, "THE PLANNING AND ZONING BOARD", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 2.2.2(E), "DUTIES, POWERS, AND RESPONSIBILITIES", TO PROVIDE IN PARA- GRAPHS 2.2.2(E) (6) AND (7) THE ABILITY FOR THE PLAN- NING AND ZONING BOARD TO DENY LAND USE REQUESTS; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney explained that if the statutory scheme in this ordinance should be approved, the rezoning petition would not be seen again. The denial could be final at the P&Z level. He would like for the denial to be final at Commission level, meaning the Commission would need to see all rezonings, either on approval or for denial. The reason for that is due to the fact there are different standards that the Courts apply to actions of governmental bodies. Rezoning is a legislative function at the present time. If the Commission should delegate that function to another board, that is arguably an improper delegation of legislative authority. Discussion followed. Helen Coopersmith, resident, thanked the Commission for allow- ing her to speak and voiced her opinion in opposing the authority of the P&Z Board as having the final decision. Mr. Mouw moved for denial of the adoption of Ordinance No. 38-91 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. -14- 4/9/91 12.C. Ordinance No. 39-91. Ordinance No. 39-91, amending the Code of Ordinances by deleting Section 91.50 through 91.52 and amending the Land Development Regulations by creating a new section 4.6.8(C), "Lighting Restrictions Along the Beach" to provide for the protection of threat- ened and endangered sea turtles which nest along the beaches of the City by safeguarding the hatchlings from sources of artificial light, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 23rd. City Manager recommends approv- al. The City Manager presented Ordinance No. 39-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 9, "GENERAL REGULATIONS", CHAPTER 91, "ANIMALS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY DELETING SECTIONS 91.50 THROUGH 91.52, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA; AMENDING CHAPTER 4, "ZONING REGULATIONS", ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.6.8, "LIGHTING", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A NEW SUBSECTION (C), "LIGHTING RESTRICTIONS ALONG THE BEACH", TO PROVIDE FOR THE PROTECTION OF THREATENED AND ENDANGERED SEA TURTLES WHICH NEST ALONG THE BEACHES OF THE CITY BY SAFE- GUARDING THE HATCHLINGS FROM SOURCES OF ARTIFICIAL LIGHT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Manager stated the purpose of the ordinance is to allow extended hours for shielding or turning off the lights. Research completed in recent years reveal that approximately 30% of the hatchings occur between dusk and 11:00 P.M. Mr. Andrews moved for the adoption of Ordinance No. 39-91 on First Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Mr. Mouw - No; Dr. Alperin - Yes. Said motion passed with a 3 to 2 vote. 12.D. Ordinance No. 40-91. Ordinance No. 40-91, amending the Code of Ordinances to provide that the penalty for violation of Chapter 51 shall be to perform certain hours of community service or labor work, is before the Commission for consideration on First Reading. City Manager recommends approval. If passed, Public Hearing will be held April 23rd. The City Manager presented Ordinance No. 40-91: -15- 4/9/91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 51, "GARBAGE AND TRASH", SECTION 51.99, "PENALTY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 51.99, "PENALTY", BY REPEALING SUBSECTION (A) AND ENACTING A NEW SUBSECTION (A) TO PROVIDE THAT THE PENALTY FOR VIOLATING CHAPTER 51 SHALL BE TO PERFORM CERTAIN HOURS OF COMMUNITY SERVICE OR LABOR WORK; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEAL- ER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Andrews moved for the adoption of Ordinance No. 40-91 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. At this time the Commission returned to the Regular Agenda. 9.F. Amendment No. 3 to Mausoleum Sales and Development Agreement. The Commission is to consider a modification of the Mausoleum Sales and Development agreement to provide for the release of escrow funds and allocation of funding from the Cemetery Perpetual Care Fund to begin the construction of the mausoleum. City Manager recommends approval. The City Attorney stated the Yeagers, who operate Prearrange- ments of Delray, Inc., have requested that no interest be charged as these model land units will be owned by the City upon construction; they have only the right to sell. There was also a paragraph in the agree- ment on liquidated damages that was amended. Joe Weldon, Director of Parks and Recreation, stated there are insufficient funds in the escrow account to begin the building of the mausoleum and they are requesting that the City upfront $48,000 which will be repaid as the crypts are sold. The Yeagers assumed the previous debt when they took over the cemetery and have fully funded the escrow account into an amount of $27,152 and have paid the City nearly $30,000 that was in arrears by the previous operators, in addition to paying the commission on their sales. Mayor Lynch complimented the Yeagers on the improvement of the cemetery and recommended that staff be directed to open 10th Street so it can be the entrance to the cemetery. Dr. Alperin moved to approve Amendment No. 3, deleting the 12% interest and adjusting the liquidated damages provision to $125,000, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. -16- 4/9/91 9.G. Sanitary Engine~rin~ Services. The selection of three or four firms and the authorization of staff to negotiate and award contracts for Sanitary Engineering services, is before the Commission for consid- eration. Mr. Andrews moved to accept the top five firms, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Before roll call, William Greenwood, Director of Environmental Services, gave a brief description of the major projects. Discussion followed regarding the applicants and the selection committee. 9.H. Service Authorization No. 17/Post, ~uckley, Schuh and Jerni~an. The Commission is to consider approval of Service Authorization No. 17 in the amount of $116,791 for bidding and construction services for improvements to the north water storage tank and pump station and to the south pump station booster pump. Funding is available in the 1984 Water and Sewer Revenue Bonds (Account No. 441-5162-536-60.93 - Balance $133,980) and Water and Sewer Repair and Replacement (Account No. 442-5178-536-64.11 - Balance $725,500) City Manager recommends approv- al. Mr. Andrews requested that the insurance be checked on this firm. Upon question by Mayor Lynch as to why this was not accom- plished in 1984 since that is where the funding is coming from and if this money is in arbitrage, Mr. Greenwood stated all the money is in arbitrage. The City Manager stated staff is now working on closing out these old bond issues. Dr. Alperin moved for approval of Service Authorization No. 17, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No.; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.I. Cons~ltin~ Service Au.thorization/Pgst, Buckle~, Schuh and Jernigan. The Commission is to consider approval of a Consulting Service Authorization to the contract with PBS&J in the amount of $18,500 for consulting assistance necessary to obtain State certifi- cation of the Water Treatment Plant laboratory. Funding is available in Water and Sewer Water Treatment Plant Clarifier Laboratory (Account No. 441-5162-536-60.76). Account balance $21,224. City Manager recommends approval. Mr. Mouw moved for approval of Authorization for the Consulting Service to Post, Buckley, Schuh and Jernigan for the certification of the lab, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 1 vote. -17- 4/9/91 9.J. Service Authorization No. 6/CH2M Hill. The Commission is to consider approval of Service Authorization No. 6, to the contract with CH2M Hill, in the amount of $19,000 for additional engineering services necessary to ensure hurricane and emergency preparedness at the Water Treatment Plant, Golf Course Wellfield, north and south Pump Stations and Lift Station 50. Funding is available in Water and Sewer Wellfield Remediation (Account No. 441-5162-536-60.37). Account balance $19,000. City Manager recommends approval. Mr. Greenwood stated this project will install a 900-kW genera- tor at the water treatment plant with a 6500 gallon diesel fuel storage tank. That generator will be capable of running the entire water treatment plant, plus all the proposed additions. Secondly, during emergencies such as a hurricane, the City currently has one small well on a small generator that will pump about 400,000 gallon of water into the water treatment plant which might last 12 to 14 hours. This project includes installing a generator at the 20 Series Wellfield, and 1 generator to operate 2 wells at the Golf Course well, thereby being able to operate 6 wells that will produce 6,000,000 gallon under the worst scenario. The City Manager stated all the work in this authorization has been done. Mayor Lynch questioned why there is a fee of $19,000 when most of the work is done. The City Manager stated the work was done without service authorization and the City is now being billed. Mr. Mouw moved for approval of Service Authorization No. 6, to the contract with CH2M Hill, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin - Yes; Said motion passed with a 4 to 1 vote. 9.K. Appointment of a Member to the South Central Regional Wastewater Treatment and Disposal Board's Ad-~oc Advisory Committee. The Commission is to consider the appointment of a layperson to serve on the SCRWTD Board's Ad-Hoc Advisory Committee to a two year term ending April 9, 1993. This is a Seat 1 appointment. Dr. Alperin commented it was his understanding that nominations by Seat No. was a policy established for City Boards and does not apply in this case and feels there should be an open discussion as opposed to a single recommendation. There was a question regarding the length of the term and Mr. Mouw stated he felt it should be clarified. Dr. Alperin moved for the appointment of Leo Weiner to concur with the length of time as determined by the SCRWTD Board, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.L. Appointment of a Member to the Downtown Development Authority. The Commission is to consider the appointment of a member to the Down- town Development Authority to fill the unexpired term of Paul Steele ending July 1, 1993. This is a Seat 3 appointment. -18- 4/9/91 Mr. Andrews moved for the appointment of Michael Listick, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.M. Appointment to the Carver Middle School Task Force. The Commission is to consider the appointment of citizen representatives to the Carver Middle School Task Force. The City Manager requested the Commission first confirm the five staff members listed. Dr. Alperin moved for approval, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. The City Manager stated the six citizens needed are two from the northwest section, two from the southwest section and two from other areas in the City. Mr. Mouw nominated Daisy Fulton, Dr. Alperin nominated Spencer Pompey from the southwest section, Mr. Andrews nominated Nadine Hart, Mr. Randolph nominated Ricardo Grant, Mayor Lynch nominated June Carr and Mr. Mouw nominated Jonice Parker. Dr. Alperin moved for approval of the appointments, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Mr. Andrews moved for approval of the appointment of Commis- sioner Randolph, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin moved for approval of the appointment of Lillie Parker and Carolyn Young, members from the Education Board, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Mouw - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.N. Nomination of a Member to Serve on the Environmentally Sensi- tive Lands Acquisition Selection Committee. The Commission is to consider nominating an individual to represent the City on the County's Environmentally Sensitive Lands Acquisition Selection Committee. Dr. Alperin moved to appoint Joe Weldon, Director of Parks and Recreation, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. -19- 4/9/91 9.0. Budget Amendments to the 1987 Utility Tax Bond Fund. The Commission is to consider approval of the budget amendments to the 1987 Utility Tax Bond Fund projects to complete the Fire Station No. 2 project. City Manager recommends approval. Joseph Safford, Finance Director, stated this is a combination of Fire Station No. 2 and setting aside $85,000 for arbitrage reserves. Upon question, Mr. Safford explained that arbitrage, basically, says when a bond issue is sold and a certain rate charged, interest is paid at a certain rate to the bond holder. The Federal Government does not allow money to be earned in excess of that rate. The only thing that can possibly be lost is excess interest earnings. For conservative purposes, it is anticipated that this fund could possible involve $85,000 in arbitrage, so it is being reserved until Ernst and Young complete their arbitrage study to determine exactly how much the City owes. Mr. Safford spoke briefly on the budget amendments, explaining the building is funding a change order that has previously been ap- proved. However, letters in the file do not indicate that the Com- mission approved the furniture. Mr. Mouw moved for approval of the budget amendments to the 1987 Utility Tax Bond Fund to complete Fire Station No. 2, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.P. Amendment to the Code of Ordinance/Police and Fire Pension Board. The Commission is to consider amending the Code of Ordinances to provide the Police and Firefighters Pension Board the option of invest- ing in Israeli Bonds. The City Attorney stated under Chapter 175 and 185 in the Florida Statutes, there is a prohibition against investing in foreign securities, with Israeli bonds being the one exception. Mr. Safford expressed concern regarding the fiduciary liability if the Board should exceed their duties by directing the investment advisor. He also feels it is unwise from the standpoint that the bond must be held to maturity. The City Manager reiterated the fact that the City has the responsibility of making up any actuarial deficiency that develops. Mr. Randolph moved for denial of the request from the Police and Fire Pension Board on the amendment to the Code of Ordinance to not allow the Board the option of investing in Israeli bonds, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Said motion passed with a 4 to 1 vote. 9.Q. Beach Renourishment Project. The Commission is to consider the presentation of the status of the Beach Renourishment project and the -20- 4/9/91 request for authorization to lobby Congress for inclusion of funding for our Beach Renourishment Project in the FY 1991/92 Federal Budget. The City Manager requested direction from the Commission because the City has not received final authorization from the Army Corp of Engineers. He is recommending that an attempt be made to get it into the current budget. Mr. Andrews moved for approval to seek funding in the current year, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.R. County. Options Re~ardin~ Distribution of the Local Optio~ Gas Tax. The Commission is to consider the options provided by the County for distribution of the Local Option Gas Tax. City Manager recommends approval of Option No. 2. The City Manager stated the law provides that the gas tax will be allocated in accordance with the mutually agreed formula between the County and Cities representing the majority of the incorporated popula- tion, which is 65% to the County and 35% to the Cities, to be determined according to population. The County is offering three options for distribution of the Local Gas Tax, upon renewal of the current agree- ment. Mr. Mouw questioned if it would be possible to accept Option No. 2, under protest, to which the City Manager responded that they could. Mr. Mouw moved to approve Option 2, under protest, seconded by Dr. A1perin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 9.S. Nomination of Commission Members to Serve on the Water Resourc- es Management Advisory Board and the Solid Waste Authority Board. The Commission is to consider placing the names of Commission members in nomination for vacant positions on the Water Resources Management Advisory Board and the Solid Waste Authority Board. The Commission concurred that no individual Commissioner had the time to put forth the dedication that these positions actually demand. 9.T.(8.B.) Ratification Revised Capital Improvement Schedule/Municipal Golf Course. The Commission is to consider approval of the revised schedule for capital improvements at the Municipal Golf Course. City Manager recommends approval. Mr. Andrews stated he finds it incredible that the City has no basis on which to start in order to put the golf course in good shape. -21- 4/9/91 Mayor Lynch stated that direction by the Commission to the firm to supply a full design of the course was never given. Mr. Mouw stated the Commission successfully workshopped a budget last week and questioned why direction cannot be given to the operator of the golf course as to what they would like to see accom- plished. Mr. Andrews stated he would like a long range, an intermediate range and short range plan that can be accomplished for a minimal amount of money that provides something for the Commission to decide on. Upon question, he stated the City Manager or his designee could probably do this. The City Manager commented he would be more comfortable with the Capital program if there was an indication of where the Commission wanted to be on a long term basis. Brahm Dubin, course operator, recommended the fairways be taken care of first. The Commission concurred to proceed with the improvement of the fairways this summer. Mr. Mouw moved to approve all items in Category 1 in the proposed Delray Beach Golf Club Operating Budget, seconded by Mr. Andrews. Mayor Lynch stated that he would like to request that the Commission proceed if some of the cart paths and some of the improve- ments to the fairways can be done this year. Mr. Andrews stated he would like to give direction to hire an architect to make a presentation to the Commission for approval and then incorporate those ideas into a short term, an intermediate term and a long term plan. Upon question, Mr. Andrews stated he just wanted a sketch design plan in an amount not to exceed $10,000. Mr. Mouw amended his motion to include the two additions from Mayor Lynch and Commissioner Andrews, Mr. Andrews amended his second. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 13. Comments and Inquiries on Non-Agenda Items. 13.A.1. Mr. Andrews stated he attended his first County-wide Planning Council Meeting and saved the City some long range tax dollars for surveys that other cities would be doing. 13.A.2. Mayor Lynch stated he has again been approached by citizens regarding Lake Ida Road. There is concern that Lake Ida Road will be torn up at the time West Atlantic Avenue is being reconstructed. To his -22- 4/9/91 knowledge, there has been no answer and he requested a follow up from staff. 13.A.1. Mayor Lynch stated that former Vice-Mayor Mary McCarty has gotten something aproved through the County that is good for Delray. There will be a two week notice whenever the County has plans to usurp the City's power, prior to placing it on a Palm Beach County Commission Agenda. He further stated, when these issues arise, he feels all the Commissioners should make an attempt to attend and represent the City. 13.B.1. The City Attorney stated he is going to be meeting with Bill Hukill, Assistant Superintendent of the Palm Beach County School Board, regarding Spady Elementary School this coming Thursday and he will present a final report to the Commission by the following Tuesday. If it is necessary for the Commission to take action, he will see that it is placed on an upcoming agenda. 13.B.2. The City Attorney stated he is also meeting on Thursday with the County Attorney to discuss receipt of the City's tax money from the Enclaves. There will probably be an item before the Commission on the Regular meeting of April 23rd. 13.C.1. The City Manager stated Chief Koen informed him today that the County Commission has approved the Fire Service Agreement; however, it will take a couple of days before everything is up and running. 13.C.2. The City Manager stated the County has striped the intersec- tions and the cross walks at the corner of N.E. 8th Street and Federal Highway. They are still going to examine the signals in the event that the timing of some need to be modified. 13.C.3. The City Manager stated the City received an "A" rating from both Standard and Poor's and Moody's and gave a brief report. 13.C.4. The City Manager advised, with regard to the CSX Railroad on Linton Boulevard, the funding has been approved. The State is awaiting documents from the Railroad. 13.C.5. The City Manager stated Waste Management picked up the garbage last Sunday morning at the pavilion; however, there was one container that did not have a ladder and they are not required to empty it without one. That problem has been corrected. 13.C.6. The City Manager stated Chief Koen had written a paper for the National Fire Academy on the Municipal Bond Issue for Fire Protection and has been recognized by the Federal Emergency Management Agency of the United States Fire Administration and the National Fire Academy, and his paper will be published at a symposium on May 17-19, 1991, along with three other award winning papers. He indicated pride in being able to share this good news with the Commission and the community. Mayor Lynch declared the meeting adjourned at 9:40 P.M. -23- 4/9/91 - - J Citf C~rk - ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of April 9, 1991, whic~ minutes were formally approved and adopted by the City Commission on ~,?~'~ ~, /~/ . CitY ClErk - · NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -24- 4/9/91