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01-16-90 JANUARY 16, 1990 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Doak So Campbell in the Commission Chambers at City Hall at 7:06 P.M., Tuesday, January 16, 1990. 1. Roll call showed: Present - Commissioner William Andrews Commissioner Patricia Brainerd Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - Interim City Manager Malcolm T. Bird and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend John Knighton, Associate Pastor of Cason Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Ms. McCarty requested that Item 43 be removed from the Consent Agenda and placed immediately following Item 22. Mr. Weatherspoon asked that Item 32 be removed from the Consent Aqenda and placed at the end of the Regular Agenda. The Interim City Manager stated that Item 26 should be moved from the Consent Agenda and a change on the funding for Item 44.C. has been provided on a separate sheet. Item 43.A. is an addition- al item to the Consent Agenda from the Community Appearance Board. Ms. McCarty moved for approval of the Agenda, as modified, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5. Ms. Brainerd moved for approval of the minutes of the Regular Meeting of November 28 and December 5, 1989, seconded bV Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: A. Mayor Campbell read a proclamation proclaiming the week of January 21-27, 1990, as "Kiwanis Week". B. Mayor Campbell read a proclamation proclaiming the month of January, 1990, as "National Volunteer Blood Donor Month". 7. Presentation: A. Mayor Campbell presented David Huddleston, Finance Director, with an award for Achievement in Excellence for Financial Reporting for the Fiscal Year ending September 30, 1988. B. At this time Mayor Campbell, III, gave a State of the City Address. PUBLIC HEARINGS 8. Ordinance No. 84-89. Ordinance No. 84-89, rezoning the Norris property located on the southwest corner of S.W. llth Avenue and S. W. 1st Street from RM-6 (Residential Medium) to RO (Residential Office), 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 Interim City Manager presented Ordinance No. 84-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT IN ~ (RESIDEN- TIAL OFFICE) DISTRICT; SAID LAND BEING LOTS 13 AND 14, BLOCK 6, ATLANTIC GARDENS, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14 AT PAGE 63 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF S.W. llTH AVENUE AND S. W. 1ST STREET; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORI- DA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 84-89 is on file in the official Ordi- nance Book) 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. Ms. Brainerd moved for the adoption of Ordinance No. 84-89 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PUBLIC COMMENTS 9.1. Lillian Feldman, Delray Beach, stated she is again requesting that trees be planted on the south side of Linton Boulevard and the weeds surrounding the trees in the median and on the north side of the street be removed. 9.2. Rosetta Rolle, President of the Delray Beach Voters League, stated she has been asked to read a letter to the Commission for the record. The contents indicated the outrage of the black community in reference to the recent hostilities directed at them by the proposed removal of 360 families, along with the overt acts of insensitivity and brutality by the Police Department. The League requested that the Commission make a thorough investigation into the allegations of wrong- doing, at which time justice will be executed. FIRST READINGS 10. Ordinance No. 1-90. Ordinance No. 1-90, amending Ordinance No. 86-89 to provide that Florida Statutes Sections 287.132 and 287.133 concerning public entity crimes are to be incorporated into the City Code; and where inconsistencies exist, those statutes shall supersede the City Code, thus making the Code supplemental in nature, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held January 30th. The Interim City Manager presented Ordinance No. 1-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINISTRATION", CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTI~'S", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBHEADING, "DEBARMENT OR SUSPENSION OF VENDORS AND CONTRACTORS", SECTION 36.29, TO PROVIDE THAT FLORIDA STATUTES SECTIONS 287.132 AND 287.133 CONCERNING PUBLIC ENTITY CRIMES ARE TO BE INCORPORATED THEREIN AND SHALL SUPERSEDE THE CITY'S CODE AND GOVERN SECTION PUBLIC ENTITY CONTRACTING; AND TO PROVIDE THAT THE PURPOSE OF SECTIONS 36.29 AND 36.30 OF THE CITY'S CODE OF ORDINANCES CONCERNING DEBARMENT OR SUSPENSION OF VENDORS AND CON- TRACTORS IS TO PROVIDE ADDITIONAL REQUIREMENTS DEALING -2- 1/16/90 WITH DEBARMENT OR SUSPENSION OF VENDORS AND CONTRACTORS; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 1-90 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 11. Ordinance No. 2-90. Ordinance No. 2-90, correcting the time frame for notice of requirements for rezonings to 10 days instead of 30 days and correcting scrivener errors made during codification, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held January 30th. The Interim City Manager presented Ordinance No. 2-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 17, "LAND USE", CHAPTER 173, "ZONING CODE", "REZONING REQUESTS", SECTION 173.886, "PROCEDURES". OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION B (3) TO PROVIDE THAT THE MAILING OF NOTICES FOR REZONING PROCEED- INGS BEFORE THE PLANNING AND ZONING BOARD BE TEN (10) DAYS IN ADVANCE OF THE PUBLIC HEARING; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 2-90 on First Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 12. Resolution No. 4-90. Resolution No. 4-90, authorizing and directing the City Manager to place questions relating to the sale of the Central Fire Station property on the Municipal ballot, is before the Commission for consideration. This action is necessary to remove a deed restriction pertaining to the sale, conveyance or disposal of that property. Approval is recommended. The Interim City Manager presented Resolution No. 4-90: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO CAUSE TO BE PLACED ON THE MARCH 13, 1990 DELRAY BEACH MUNICIPAL ELECTION BALLOT A ~JESTION RELAT- ING TO THE SALE OF CITY-OWNED PROPERTY LOCATED. AT 101 WEST ATLANTIC AVENUE; ESTABLISHING THE BALLOT LANGUAGE TO STATE THE QUESTION; PROVIDING PROCEDURES PERTAINING TO THE VOTE ON THE QUESTION; PROVIDING THAT IN THE EVENT OF AN AFFIRMATIVE VOTE AUTHORIZING ~{E SALE OF THE PROPERTY, THE CITY COMMISSION IS NOT COMPELLED TO SELL THE SAME; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Copy of Resolution No. 4-90 is on file in the official Resolu- tion Book) Ms. Brainerd moved for the adoption of Resolution No. 4-90, seconded by Ms. McCartyo Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. -3- 1/16/90 13. Request for Waiver of Bonding Requirement. The Commission is to consider a request from Pulte Home Corporation to reduce the bonding requirement associated with final plat approval on Phase II of Sabal Lakes. Approval is recommended. Ms. McCarty moved for aPproval of the waiver, seconded by Mr. Weatherspoon. Mr. Weatherspoon questioned if the amount of the reduction being requested will cover the portion of the property that will be under construction. The Interim City Manager stated the applicant would be required to bond or complete the looping of the water line that serves his existing population. During platting, the City would waive the requirement to bond or produce the other im?rovements, but would prohibit him from selling in Phase II or subseque~'t phases until those improvements are completed. This would allow him an opportunity to have his plat a matter of recorded history at this time, which takes care of the traffic considerations under the Comprehensive Plan. At the same time the City will be protected, as he will not have the ability to sell any additional lots until he completes the improvements which were anticipated in the plat. Ms. Brainerd asked if those conditions are encompassed in the motion or should they be specifically stated. The Interim City Manager advised they need to be specifically stated. Ms. Brainerd made a substitute motion to approve the waiver, subject to a restriction on the sale of lots within Phase II Final Plat until such time as all other improvements are in place prior to the sale of Phase II, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 14. Settlement Offer. The Commission is to consider a settlement offer from Elgin Manufacturing and Mason Equipment which provides for a discount on the purchase of a replacement street sweeper in exchange for resolution of the City-initiated litigation against them. The City Attorney stated staff has looked at the proposal and the numbers calculated by the Public Works Department indicate that the settlement is not the sort of financial deal the City had hoped for and the City Attorney's office is recommending the settlement proposal be rejected. Ms. Brainerd moved for rejection, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes. Said motion passed with a 5 to 0 vote. 15. Settlement Offer. The Commission is to consider a settlement offer from Irene Montalban which includes provisions for payment of $15,000, reinstatement to her previous position and back contributions to insurance, pension plan and all other fringe benefits to settle an alleged sexual harassment complaint. The City Attorney confirmed that the offer came from the Equal Employment Office; however, it is his understanding, that it was drafted with the knowlege and consent of her counsel. Mayor Campbell commented, to be technically correct, he feels the Agenda should have indicated that it came from EEOC opposed to Irene Montalban. Mr. Weatherspoon questioned what the $15,000 is based upon. The City Attorney stated it is based on nothing; it is a number chosen by Counsel and he does not know for what reason. His office recommends that this settlement be rejected as it is believed it will not be provable and the claim, as stated, is without merit. Mr. Weatherspoon stated the plaintiff indicated to him on the telephone that she did not feel she could return to the job and, since there is an employee currently occupying that position, he has a problem with this portion of the settlement in addition to the monetary amount. -4- 1/16/90 Mayor Campbell asked if it is possible to enter into negotia- tion in response to this, in the event that the City would entertain discussion of employment. The City Attorney stated it is always possi- ble; however, his office has received no authorization or direction from the Commission to do anything of that nature. The Interim City Manager stated, for the record, there was an overture made to Ms. Montalban's attorney approximately one month after her dismissal stating there was a position of equal pay and job title being held open for her and there was no interest expressed at that time. Upon question by Mayor Campbell, the Interim City Manager con- firmed that was prior to the formal offer or proposal of settlement from EEOC. Ms. Brainerd requested confirmation from the City Attorney that, at the time the Commission previously discussed a recommendation of denial, his position was based on the fact that he felt comfortable that the Commission's action, and the termination of the named super- visor in this instance, alleviated the Commission from any responsibil- ity for damages due to their actions based on a sexual harassment charge. The City Attorney confirmed that as correct. Ms. Brainerd then questioned the other charges that were in Ms. Montalban's original appeal, namely a violation of personnel policy and the Whistle Blower Act. She feels there should be an investigation of these two charges. The City Attorney advised that those two issues are not before the EEOC, so the settlement proposal that comes through their offices would not address those two issues. Upon question by Ms. Brainerd should the Commission turn down the settlement, the City Attorney stated the EEOC will pursue their investigation further. Ms. Brainerd moved to deny the settlement offer and to direct the City Attorney to investigate all allegations regarding this individ- ual, seconded by Mr. Weatherspoon. Mayor Campbell stated he would like to discuss the situation of rehiring and possible further negotiation regarding that element. Ms. Brainerd amended her motion to include the discussion and possible negotiation with regard to rehiring, Mr. Weatherspoon amended his second. Upon roll call the Commission voted as follows: Mr. Andrews - No; Ms. Brainerd - Yes; Ms. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Ms. McCarty asked if the maker of the motion would entertain dividing this motion. As she sees it, there are three parts to it, and if the motion is for the entire package, she will not be able to vote for it. Mr. Andrews questioned if the City Attorney reviewed the dismissal proceedings to ensure that this person was dismissed in the proper procedure. The City Attorney stated he has reviewed only prelim- inary information after the fact. Mr. Andrews asked if the City Attorney found anything that would warrant a more in-depth review. The City Attorney stated the only thing his office has responded to is the claim of sexual harassment, which is the only claim the City has been charged with to date. Mr. Andrews asked if a staff member is available to comment on the fact that a review of the work being done by this lady was found to be short of the task. Mayor Campbell commented, before that is done and a conclusion reached that could possibly jeopardize the City, he would recommend that the Commission follow up on the motion and direct the City Attorney to make an investigation and provide an answer. At this point the roll was called to the motion. 16. Request for Authorization to proceed with Sanitary Sewer Installation. The Commission is to authorize staff to proceed with the final section of sanitary sewer to be installed along North Federal Highway. Approval is recommended. -5- 1/16/90 Ms. Brainerd moved for approval, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes. Said motion passed with a 5 to 0 vote. 17. Change Order No. 1 - North Federal Highway Sanitary Sewer Installation. The Commission is to consider approval of Change Order No. 1, increasing the contract price by $42,190.03 to complete the installation of a gravity sanitary sewer along North Federal Highway per revisions made to accommodate the project without requiring additional easements. Approval is recommended. Ms. Brainerd moved for approvaI, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Andrews questioned where the money will come from for the overrun. The Interim City Manager stated the first item shows the unfinished work, the change order and engineering fees. The funds are available in Capital Improvements Sewer System Mains and Lines/Pipeline Replacement/Collections and jeopardizes nothing. Mr. Weatherspoon commented that, regarding change orders, he feels it most advantageous to have that information included in the backup material with a detailed explanation. At this point the roll was called to the motion. 18. Designation of a Staff Member to Attend Discussions on Jacobson's Project. The Commission is to designate a staff member to attend all meetings relating to the Jacobson's project. It is recom- mended that Jeff Kurtz, Assistant City Attorney, be that designee. Mayor Campbell stated, it is his understanding, that this refers only to meetings involving the City. The City Attorney requested that one of the attorneys be designated as it will be a scheduling process where one attorney may not always be available. He also re- quested that the Commission direct the City Attorney's office whether or not the attorney should actively participate in the meetings or to record information and submit status reports on a periodic basis. Ms. Brainerd expressed a desire to have the attorney actively participate until such time that it proved to be beneficial to do otherwise. Ms. Brainerd moved for approval, subject to conditions outlined by the City Attorney, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 19. Authorization for Payment. The Commission is to consider authorizing staff to enter into an agreement with David Gochenour, one of the artists selected for the Pineapple Grove sculpture project, which would provide for an advanced payment to him amounting to 50% of the award with the balance being made in two payments (50% complete and 100% complete). Approval is recommended. Ms. Brainerd questioned the normal policy regarding acquisition of property on an installment basis. The City Attorney advised general- ly, acquisitions of properties are paid for in a lump sum after deliv- ery. With regard to professional services, the City has eliminated retainers for at least the past five years. On construction projects, periodic payments are made on a progress payment basis. Ms. Brainerd asked the terms of payment outlined in the request for proposal from the other artists. The City Attorney stated, as he remembers, it was a lump sum payment. Ms. Brainerd then asked if the City has ever done this before, to which the City Attorney replied, not to his knowlege. 6 1/16/90 Ms. Brainerd moved for denial, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - No; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED with a 3 to 2 vote. Mr. Weatherspoon moved for approval of the request of the payment schedule as outlined, seconded by Mr. Andrews. Mayor Campbell questioned if there is a way the City can be assured the money is allocated to material in order that the payments are not made directly to Mr. Gochenour, but will allow him to draw on that. The Interim City Manager advised it can be done if Mr. Gochenour will submit an appropriate invoice. The City can pay that amount as the first draw, in addition to an agreed upon administrative amount, perhaps 15%, and then a 1/3, 1/3, 1/3 basis for the balance. Mr. Weatherspoon amended his motion to direct that the payments are made in accordance with the outline made by the Interim City Manag- er, Mr. Andrews amended his second. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - No; Ms. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Ms. Brainerd expressed a concern that this will change the ground rules for the other people who responded and she feels that places the City in a role that incurs administrative costs, including paperwork, that will add to the cost of acquiring the sculpture. The City Attorney recommended, if that is the wish of the Commission, that same payment schedule option should be made available to the other three finalists. At this point the roll was called to the motion. 20. Approval of Site Plan Modification. The Commission is to approve a site plan modification for the Southeast County Public Health Unit located on the east side of S. Congress Avenue, between S. W. 2nd Street and the Southeast County Administrative Complex. The P&Z Board recommends approval, subject to the following conditions: Approval of the minor Conditional Use modification based on positive findings pursuant to Section 173.848 "Ten Standards for Evaluating Coditional Uses" and a positive finding of consistency with the Comprehensive Plan and future land use map; and, Approval of the major site plan modification based on positive findings pursuant to Section 173.848 of the "Ten Standards for Evaluating Site Development plans" and subject to the following conditions: 1. Dedication of easements to cover extension of the water mains as well as existing ones (Congress Avenue water main) and existing or relocate FP&L facilities. 2. Submitting revised site plans to accommodate the follow- ing items: a. A 29' landscape strip along Congress Avenue. b. A 5' perimeter landscape strip along the east property line. e. Provide the type of construction and building height on the site plan sheets. 3. Submittal of revised landscape plans to accommodate the following: a. The perimeter landscape strips noted above as 2(a) -7- 1/16/90 and (b). b. Provide calculations of internal and perimeter landscape areas. c. Provide one shade tree for every 40 linear feet or fraction thereof within the perimeter landscape buffers. Additional Mahogany trees are required along the east side of the property to fill in gaps over 40' d. Provide a group of palms or a canopy tree for each 100 square feet of required internal landscaping. 4. Submittal of revised water, sewer, paving and drainage plans to accommodate the following: a. Provide stop signs and stop bars at all internal intersections and exit drives. b. Provide details for overlay of S.W. 2nd Street along northern boundary with 1" of asphalt. c. Providing solutions to the water and sewer layouts acceptable to both the Utilities and Fire Departments. d. Provide 2% grade versus 1% shown for ingress/egress driveway from Congress Avenue. Upon question by Mayor Campbell if this has had final approval, David Kovacs, Director of Planning & Zoning, advised the site plan has been approved. He explained the reason is that this is a modification to the overall County complex. Mayor Campbell asked if this is con- sidered vested under their proposed rules and has a traffic performance impact study been done. Mr. Kovacs stated it will be vested and there has been no traffic performance study. Mayor Campbell commented that, since the County is shutting down all development with regard to traffic performance standards, he feels the County should abide by their own rules. Mr. Kovacs stated when the performance standards are approved at the end of this month, any project that has an impact of 500 trips per day is exempt from that performance standard. Mayor Campbell questioned if the property was required to be platted and does this constitute a change in the plat. Mr. Kovacs stated a plat was not required because it is part of a total complex; in addition, if there is no division of ownership and right-of-way dedica- tion is not required, platting is not required. Upon question by Ms. McCarty, the City Attorney stated he has no problem with the traffic element as he feels this can be accomplished as part of the site plan modification request. However, if there is no subdivision of interests in the land and no required dedications or easements, technically, there is no need for platting. Mayor Campbell commented, now that the Commission acknowledges that and if it is the consensus, he would like that to be publicly acknowledged as he raised that same question four years ago. At that time he could not get consensus from the Commission or the Planning Director the fact that unnecessary hoops were being created for development in this County. He further stated, now that the Board is recognizing that and good develop- ment can be encouraged in the City, he will withdraw his argument. The Interim City Manager stated he feels the next thing con- fronting the City will be the County requesting a full property map from the plats. Since a plat is required of everyone, this might be an appropriate time to request that they plat the entire property in order that the City will have a legal description covering all the property by plat. Mr. Weatherspoon moved for approval of the site plan modifica- tion, subject to platting and a traffic performance standard study or reason indicating why there is no need, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: -8- 1/16/90 The City Attorney questioned at what time is the submission of those requirements to be made. Mayor Campbell advised this should be before a CO is issued. At this point the roll was called to the motion. 21. Final Plat Approval. The Commission is to approve a Final Plat for replat of Parcel 1, Linton Center (Target) located on the south side of Linton Boulevard between 1-95 and S. W. 10th Avenue. The Planning & Zoning Board recommend approval, subject to all conditions of site plan approval and the following conditions: A. 1. Receipt of permits from DER, Palm Beach County Health, for the Linton Retail Center site. 2. Receipt of permit from SFWMD. 3. Revise the Certified cost estimate to include: - an increase in the size (from 10 inch to 12 inch) of the relocated water main. - the provision of 6" limerock instead of shellrock for typical pavement section (Linton Retail Center). - the provision of 8" limerock for Section A-A as shown on sheet 6 of 11 (plans for Waterford Place). - extension of the 6 foot sidewalk (6" in thickness) through driveways along S.W. 10th Avenue. 5. Provide a letter from FP&L for the cost of street lights on Waterford Place. A Cash deposit for this improvement is required. 6. Provide confirmation from FP&L regarding the relocation of concrete street light poles on S.W. 10th Avenue. 7 Provide financial guarantees and commitments as to timing of installation for the turn lanes on Linton Boulevard and S.W. 10th Avenue, and commitment as to timein for the traffic signal at the Linton/Waterford Place Inter- section. 8. The Linton Boulevard beautification fee shall be paid pursuant to City policy. 9. All the conditions noted under the Technical Review section of this report. B. Upon approval of the final plat the applicant shall record the attendant documentation in the following manner: Record the Quit Claim Deed from Delint, Inc. to Palms of Delray Add the ORD and Page # to Sheet 2 of 3 on the Plat of Linton Office Center and Retail Center, record the plat. Add the Plat Book and Pages of the Plat for Linton Office and Retail Center to the drainage overflow easement for Tract 1, and record the easement. Mr. Weatherspoon moved for approval, subject to conditions, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 22. Reorganization of City Staff. The Commission is to consider the reorganization of City Staff which would place the City Clerk's Office under the Management Services Group. Approval is recommended. The Interim City Manager stated in order to make the next quantum improvement in the ability of City Hall to respond to those tasks assigned, elements of government which will be responsible for the automation of the Clerk's Office, including a new position to be created for a Communication Specialist, need to be brought together under one leadership. During this quarter the goal of having every department in the City being on line on the 38 will be achieved. Ms. Brainerd moved for approval of the Staff reorganization, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as -9- 1/16/90 follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Ms. McCarty expressed a concern regarding the reorganization of the entire department, opposed to the Management Services Group working with the Clerk's Department to accomplish this. She also questioned the inconsistency of the memos with regard to not wanting to reorganize in order to be sensitive to the City Manager position and certain depart- ments. The Interim City Manager stated it is a matter of not being just the Clerk's Office. The record retention function is going to go throughout the City, as is much of the data that will be brought into the 38, so it needed to be under one of the assistant City Managers to allow the City Clerk the clout to insist upon those elements she needs from other departments to make the records retention program work City-wide. Mr. Andrews questioned if the upper eschelon has been expanded too much and, should the new City Manager be interested in reduction of staff at that level, he feels the Management Services area would be the only area that he would concede. Based on what the City is looking for in the 1990's and the propensity of problems that occur with redevelop- ment, the Development Services wing is the critical part of moving the older part of the City forward. In addition, he stated that if there is no problem with moving personnel around on a very short term basis, fine, but if is to be torn down in six months, then he is not in favor of doing it at this time. The Interim City Manager advised if it is done six months from now, it will be more difficult to complete the evolution of the automation needed for the City to receive a quantum increase in productivity from the administrative staff. Mr. Andrews asked if there has been any change to the original format of incorporating the one-stop concept into the new additions in City Hall. The Interim City Manager stated the one-stop will continue as envisioned relative to plan checking and inspection. However, until someone decides on the reorganization of Public Works/Engineering, the engineering functions not related to permitting and inspection will continue in the Public Works building. Ms. Brainerd stated she would like to remind the Commission that just over a year ago there was a joint workshop with the CRA regarding a study of the downtown area with an expenditure of $60,000 and no one knew where the document was located. It is her belief that the type of automation proposed by the Interim City Manager is a way to solve those problems. Ms. McCarty expressed a desire to agenda this item on the next workshop and discuss the addition to make sure the floor plan of the new addition to City Hall is continuing along the line approved by the Commission. At this point the roll was called to the motion. 43. Resolution No. 5-90. Resolution No. 5-90, amending Resolution No. 66-89 by reappropriating 1989-90 funds to support the reassignment or administrative support staff within the Management Services and Community Services Groups and General Government, is before the Commis- sion for consideration. Approval is recommended. The City Manager presented Resolution No. 5-90: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 66-89 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 1989-90, BY MAKING NECESSARY TRANSFERS TO THE FOLLOWING SERVICE GROUPS: MANAGEMENT SERVICES, COMMUNITY SERVICES AND GENERAL GOVERNMENT. -10- 1/16/90 (Copy of Resolution No. 5-90 is on file in the official Resolu- tion Book) Ms. Brainerd moved for the adoption of Resolution No. 5-90, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Andrews requested that, in the future, when there is a move of personnel, he would like to see an organizational chart. Ms. McCarty commented, in the backup material showing how the transfer is to be made, in no instance does it say what it is made for, the positions, who is moving to what and where and she is not in a position to vote tonight without complete information. The Interim City Manager advised Cheryl is being moved from the City Manager's Office to the City Clerk's Office and those monies will be moved from General Services and placed into Management Services. At this point the roll was called to the motion. 23. Change of Street Name. The Commission is to consider approval of a street name change from LaMat Avenue to Tropic Bay Boulevard. The Interim City commented that the language on the agenda should be consider, due to a recommendation from Planning & Zoning subject to a possible delay, in the event that another auction should be held. Ms. Brainerd stated she feels everyone should be treated fairly, so she would have to proceed with the precedent that she set formerly and request that it be deferred to the street auction. Mayor Campbell advised a committment was made, by consensus of the Commission at the time of the beautification approval, to rename the street. Richard Eckerle stated he feels changing the name in a develop- ment of this nature should not be put up for public auction. Lorraine Casper, Tropic Isle, stated people seem to become confused with a number of tropic names and she feels it will be more confusing. Jean Beer, Tropic Isle, requested this street not be put up for auction as she feels the entire policy should be reconsidered. Mr. Weatherspoon stated he hopes the auction policy is never used again. It is his understanding that the Fire Department has researched this for duplication of names and he has no problem with changing the name as requested. Upon question by Ms. Brainerd, confirmation was given that there is no consensus to hold another street auction. Ms. Brainerd moved to approve the name change, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 24. Authorization to Develop Materials and Pursue Actions at the Legislative Session in Tallahassee. The Commission is to consider authorizing staff to develop materials and pursue actions at the Legis- lative Session in Tallahassee relative to the HRS exemption for the afterschool program and health policy issues. Approval is recommended. The Interim City Manager stated authority to present these two items to the Legislature is being requested. The first item is Licens- ing of the Afterschool Program. The City and churches have had an exemption from meeting the full requirements of the HRS Code, as it -11- 1/16/90 applies to "for profit", the basic reason being that HRS accepts the facilities that are utilized during the day as being an appropriate place for a child to be, but when they become afterschool programs, they are not. If the City had to meet all the HRS requirements it would be necessary to reduce the total amount of children, most of whom are latch key kids that are being currently cared for. The request is to allow the same authorization as that enjoyed for the summer camp program. The Interim City Manager stated the second item has to do with HIV testing and, under the current State law, during the course of investigation if an employee proves to be HIV positive, (a potential AIDS person) and has AIDS along with being contagious, there is no authority provided under State law to tell the employer. The concern is a liability concern, should that employee be an EMS person and is called upon to provide service to another individual. He feels an infectious disease is being treated to the detriment of the general public in order to provide specific support for the minority who are the people who have this disease. He would like the Legislature to reconsider the action that brought this statute into being and to provide, in a responsible manner, a way for employees who are screened as HIV positive to have that information passed onto their employers, particularly where they hold critical positions such as health care, child care and food servic- es. A volunteer who works for the afterschool program came forward and commented that he feels anything that can be done to keep that afterschool program going will be a plus for the City. Mr. Weatherspoon stated, at his Urban Administration Meeting, there was a Counsel person who stated HRS was trying to gain this same authorization in their community. Ann Gannon, 22 N.E. llth Street, stated it is unclear to her just what is being requested of the Commission, as she understands that those persons who test HIV positive are not necessarily those who actually get AIDS and she feels that is a privacy issue. The Interim City Manager advised he is requesting the Commission for permission to address it to the Legislature and ask that they take this under consid- eration. Mr. Weatherspoon moved for approval, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes. Said motion passed with a 5 to 0 vote. 26. Acceptance of Street Deeds. The Commission is to consider accepting County Resolution R-89-1905, which turns over, by deed, maintenance responsibiliy for 31 streets previously annexed into the City. Approval is recommended. Gates Castle, City Engineer, stated that the recommendation is that all of the streets, with the exception of Gulfstream Boulevard, be accepted by the City Commission. Gulfstream Boulevard links a State arterial road with a County collector road and he feels it should remain a County collector and not become a City collector. Ms. McCarty moved for approval, with the exception of Gulfstream Boulevard, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - No; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 32. Change Order No. 1 - West Atlantic/I-95 Interchange. The Commission is to consider the approval of Change Order No. 1, increasing the contract price by $17,821 and extending the completion date 10 days. This change is necessary to eliminate Ficus Rubignosa trees and replace them with Black Olive trees, to eliminate 14,042 square feet of St. Augustine and replace it with 108,000 square feet of Bahia Sod and to excavate and sod utility strips which were not included in the original contract. Approval is recommended. -12- 1/16/90 Mr. Weatherspoon questioned the reason for the change of trees, the additional square feet of sod and the increase in cost. Lula Butler, Director of Community Improvement, stated the area to be sodded was expanded to include the utility easements which were excluded in the original contract. The change in the type of sod was due to the drought tolerance, along with being less of a maintenance problem. Ms. McCarty moved to approve Change Order No. 1, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. The Interim City Manager advised if the Consent Agenda is approved with Item 39, it will be with the understanding that the addition of the 1979 Ford 150 Van will be included in those items going for auction. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 25. Waiver of Community Redevelopment Agency Loan Provisions. The Commission is to consider approval of the modification of an agreement between the City and CRA which forgives the interest which has accrued on the $138,000 start up money for the CRA, relieves the CRA from future interest payments on that loan and defers repayment of the loan for three years. Approval is recommended. 27. Acceptance of Right-of-Way Deed. The Commission is to consider accepting a right-of-way deed for a 55 foot strip of property along Auburn Avenue in the Auburn Trace Housing Development. Approval is recommended. 28. Acceptance of Grant Award. The Commission is to consider accepting a grant award in the amount of $39,072 from the Department of Community Affairs to assist with the costs associated with preparing our Local Development Regulations. Approval is recommended. 29. Acceptance of Grant Award. The Commission is to consider a recycling grant award in the amount of $50,989.03 from the Solid Waste Authority. Approval is recommended. 30. Denial of Settlement Offer. The Commission is to consider a settlement offer from McCracken. Denial is recommended. 31. Rejection of Bid. The Commission is to consider rejecting a bid offer from Climatrol, Inc. as unresponsive on the gymnasium window covering bid and direct staff to rebid the project with changes. Approval is recommended. 33. Change Order No. 3 - Public Utilities Project #90-23. The Commission is to consider a Change Order for a 75-day time extension to February 1st for delivery of specialized pumps and appurtenances to pump hydrofluosilicic acid. Approval is recommended. 34. Request for Administrative Relief. The Commission is to consider a request for administrative relief from the Kawasaki Dealer- ship located at the northeast corner of N.E. 5th Avenue and N.E. 5th Street for four (4) compact car spaces. Approval is recommended. 35. Request for Variance. The Commission is to consider a request for a variance from a property owner at 1710 South Ocean Boulevard to erect three dolphin piles 45 feet from the seawall. Approval is recom- mended. 36. Waiver of Riqht to Collect Fees. The Commission is to consider waiving the City's right to collect fees in the Murtha vs the City and Greenwood vs the City cases as a condition for dismissal of these cases. Approval is recommended. -13- 1/16/90 37. Request for Funding. The Commission is to consider a request from Atlantic High School for $2,500 in support of their "Project Graduation" activities. Funding is available in the Commission Special Events Account. Approval is recommended. 38. Request for Use of City Facilities and Equipment. The Commis- sion is to consider a request from the Chamber of Commerce to use Veteran's Park as the site for the "Up With People" concert on Februay 24th. Additionally, they are requesting the use of the City's stage. Approval is recommended. 39. City Auction - Approval of Inventory List and Renewal of Auctioneer Contract. The Commission is to consider approval of the list of items to be sold by public auction and renew the contract with Grahan Auctioneers for an additional year. Approval is recommended. 40. Resolution No. 1-90. Resolution No. 1-90, assessing costs for abating nuisances on 35 parcels within the City is before the Commission for consideration. The caption of Resolution No. 1-90 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; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVID- ING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 1-90 is on file in the official Resolu- tion Book) 41. Resolution No. 2-90. Resolution No. 2-90, assessing the costs for boarding up an unsafe building located at 111 S. W. 2nd Street in the amount of $1,072.50, is before the Commission for consideration. The caption of Resolution No. 2-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 2-90 is on file in the official Resolu- tion Book) 42. Resolution No. 3-90. Resolution No. 3-90, abandoning a 12 foot utility easement over and across the plat of the Landings subdivision, is before the Commission for consideration. The caption of Resolution No. 3-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 12 FOOT UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 4866, PAGES 596 AND 597 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN THE LANDINGS SUBDIVISION ACCORDING TO -14- 1/16/90 THE PLAT THEREOF RECORDED IN PLAT BOOK 42, PAGE 21 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 3-90 is on file in the official Resolu- tion Book) 43. Resolution No. 5-90. Resolution No. 5-90, amending Resolution No. 66-89 by reappropriating 1989-90 funds to support the reassignment or administrative support staff within the Management Services and Community Services Groups and General Government, is before the Commis- sion for consideration. The caption of Resolution No. 5-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 66-89 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPEN- DITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 1989-90, BY MAKING NECESSARY TRANSFERS TO THE FOLLOWING SERVICE GROUPS: MANAGEMENT SERVICES, COMMUNITY SERVICES AND GENERAL GOVERNMENT. (Copy of Resolution No. 5-90 is on file in the official Resolu- tion Book) 43.A. Approval of Color Scheme. The Commission is to consider approval of the color scheme for the Arcade Tap Room. This action will be before the Community Appearance Board for formal ratification on January 24th. Members of the Community Appearance Board have been polled and four board members have indicated approval of the colors and recommend proceeding with City Commission action in order to expedite this action. A sample of the proposed color scheme is available for Commission review. 44. Award of Bids and Contracts. A. Lifepak 10 Monitor/Defibrillators - Fire Department - Physio Control Corporation in the amount of $16,550 with funding from Fire/EMS Operations Equipment (Account No. 001-2315-526-60.89). B. Road Construction Material - Cooperative Bid Award - To various low bidders in approximate annual amount of $45,755 with funding from Community Services Streets, Alleys, Bridges Construction Material (Account No. 001-3113-541-35.55 and 35.59). S-1 Asphalt/Type II Asphalt - East Coast - $13,125 Crushed Limerock/Stabilizer Rock - Hardrives - $17,350 Stabilizer Rock/Drainfield Rock - Hardrives - $6,600 Mason Sand/Cold Patch - Hardrives - $3,530 Shell Rock/Tac Oil - Ranger - $6,600 Car Bumpers - Asphalt Consultants - $2,400 C. LaMat Avenue Construction - Hegla Construction, Inc. in the amount of $137,440 with funding from 1983 Revenue Bond - LaMat Water and Sanitation (Account No. 441-5163-536-60.97). D. Foreign Coin Exchange - Times Delivery Ltd. - for ex- changing Canadian Coins into U.S. currency, at a discount rate of 12.5% plus exchange rate. E. CDBG Grant Award - Housing Rehabilitation - to various contractors in the amount of $51,000 with funding from Communi- ty Development Housing Rehab (Account No. 118-1963-554-60.23). Henry Haywood - 1514 S.W. 3rd Court - $17,000 Abissett Corp. - 305 S.E. 12th Road - $17,000 Abissett Corp. - 342 S.W. 3rd Avenue - $17,000 -15- 1/16/90 F. Water Treatment Plant - Polyphosphate Chemical Annual Contract - Shannon Chemical Corp. in the amount of $52,000 with funding from Water Treatment Chemicals (Account No. 441-5122-536-35.18). G. Building Maintenance Division - Electrical Services Annual Contract - Ledbetter Electric, Inc. in the amount of $9,536 with funding from various departments operating budgets Repair and Upkeep Buildings/Other (33.31 and 33.39). H. Public Utilities - Industrial Pretreatment Program - Camp, Dresser and McKee in an amount not to exceed $5,900 with funding from Water and Sewer Industrial Pretreatment (Account No. 441-5142-536-33.36). Ms. Brainerd moved for approval of the Consent Agenda, includ- ing the addition to Item No. 39 as enumerated by the Interim City Manager, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 45.A.1. Mr. Weatherspoon commented that he is on a committee at Carver Middle School and it was recommended that a committee be formed in order to consider the types of uses the school can be used for in the future. 45.A.2. Mr. Weatherspoon stated the committee would also like for the Kids and Cops Program to be expanded to include the After School Pro- gram, which include a number of latch key kids. 45.A.3. Mr. Andrews stated he is disappointed in the landscaping throughout the City by the lack of attention at the interchange areas, as he feels those two spots are the front door to this community. He circulated a photograph showing a sample of what he would like to see at the entrance to the City. 45.A.4. Mr. Andrews commented that, since the election is less than three months away, along with learning who will be directing the City, he feels there has been enough changing around and the only other thing he would agree to, given flexibility for either Mr. Bird or a new City Manager and a new Commission, would be anything through attrition. Other than that, he would not entertain any shifting of staff. 45.A.5. Ms. McCarty commented a request has been received from the Human Relations Board to reevaluate their scope and she questioned the status. The Interim City Manager advised January 23rd has been suggest- ed as a date for a workshop. 42.A.6. Ms. McCarty stated in November she had suggested workshopping or discussing the trade of Swinton Avenue for 10th Street with the County and have the County put some dollars forward for some hardscaping of Swinton Avenue. She feels this has been delayed by staff because they are not sure of what the Commission direction is. She asked that this item also be workshopped in order to provide clear direction to staff. 42.A.7. Ms. McCarty stated the DDA has supplied information requested by the Commission regarding sidewalk cafes and she is hoping that item can be readdressed soon. 42.A.8. Ms. McCarty questioned the status of a memo received from the DDA with regard to the renaming of the one-way pairs signage and asking for a designated City liaison. The Interim City Manager advised the County has been contacted to discuss the signage issue as it requires concurrence from them to do that. The City has preliminary authoriza- tion to proceed at a cost of approximately $1600 and, if there is no objection, staff plans to go ahead with this. As for other issues in the downtown area, such as traffic flow, he feels those should be workshopped, with Lula Butler being the liaison person. 42.A.9. Ms. McCarty asked the status of the lighting on Swinton Avenue. The Interim City Manager advised there has been no firm date by FP&L for -16- 1/16/90 installation of the colonial type lights in the Historic Preservation area, but the City will continue to pursue that. He also stated that FPL will pay for and maintain the same type of lighting that is there. Ms. Brainerd stated, it was her understanding, that the choices available to those neighborhoods was the same as what they have now, colonial with one globe or colonial with two globes because anything other than than was an additional cost. Ms. McCarty questioned if there is a possibility that a grant might be available to assist in upgrading the lights, or upon installa- tion, an upgrade of the globes. She feels letters should be obtained from the Homeowners Associations to be cognizant of their input. 42.A.10. Ms. McCarty questioned if direction could be given to the Grants Administrator to research neighborhood grants available on a Federal and State level. The Interim City Manager stated this has been done with Homeowner's Associations to research which grants may be available and overlooked in the past and advised this item will be added to investigate Historic neighborhoods. 42.A.11. Ms. McCarty questioned if the design on LaMat Avenue is the same as approved. She also stated the former Vince property that is now owned by Ed Morse is a parking lot of cars with no landscaping or paving and questioned the Code relative to this. The Interim City Manager advised Phase I is presently under development, but he will review this and have an answer for her. 42.A.12. Ms. McCarty questioned the status of Fire Station No. 2. The Interim City Manager stated when he spoke with Mr. Walsh last Thursday, the necessary document was to be delivered this week, but it has not been received at this time. The City Attorney stated there will be a ratification and the changes will be available for review by the Commis- sion at the January 30th Regular Meeting. 42.A.13. Ms. Brainerd stated the list supplied to the Commission of Boards and members is repeatedly wrong and she would like an update and the names of those persons who have previously resigned purged from the list. 42.A.14. Ms. Brainerd commented that she had occasion over the weekend to drive through the single family neighborhood just west of Davis Road off Lake Ida Road. She feels the Code Enforcement Department is not doing their usual job. She found many violations of the Good Neighbor Ordinance and is asking staff to provide the Commission with a report of Code Enforcement activities for the past 120 days. She would also like this coordinated with Waste Management as to why this trash is allowed to remain for so long. 42.B. There were no comments from the City Attorney on Non-Agenda Items. 42.C.1. The Interim City Manager requested authority to pursue a grant from SFWMD to provide and install water saving devices in residences in the City as an additional part of the attempt to meet the mandate from South Florida Water Management. It is a program that requires the City to physically install these devices. They consist of flow restrictors to be installed in lavatory sinks, aerators containing flow restrictor buttons and a water tank quantity reducer in toilet tanks. Upon ques- tion, the Interim City Manager advised there is an investigation into changing the Building Code to see if it can be handled in that way. Mr. Andrews suggested condominiumns would see a direct savings if this should be applied there and it might be an opportunity to educate a great number of people opposed to going door to door. Ms. Brainerd agreed and also expressed a concern regarding Gulfstream and their pull on the City's water consumption. The Interim City Manager advised the City gets an update, they are metered and watched closely. 42.C.2. The Interim City Manager stated a hand out was given to each Commissioner concerning the Stress Management Program at the Police Department to alert each member that it is completed and will be on an -17- 1/16/90 upcoming agenda. It is his recommendation that the funding source be the Law Enforcement Trust Fund, if appropriate. The entire program is recommended and will provide an approximate cost for the portion of the program that applies to the families of the officers. The Fire Chief has expressed a desire that his employees be added to that, since the trauma among the EMS induce the same types of stress that the Police Officers undergo. Mayor Campbell declared the meeting adjourned at 9:17 P.M. /City Clerk 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 January 16, 1990, which minutes were formally approved and adopted by the City Commission on ~~n~J /~/99~- / , - ~ityJClerk. -/./ 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. -18- 1/16/90