Loading...
02-13-90 FEBRUARY 13, 1990 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Commission Chambers at City Hall at 7:04 P.M., Tuesday, February 13, 1990. 1. Roll call showed: Present - Commissioner Patricia Brainerd Commissioner Mary McCarty (Arrived 7:11 P.M.) Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - Commissioner William Andrews Also present were - Interim City Manager Malcolm T. Bird and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Ralph Phipps, Trinity Lutheran Church. 3. The Pledge of Allegiance to the flag of the United States of ~erica was given. 4. Ms. Brainerd moved for approval of the Agenda, seconded by Mr. ~eatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. 5. Ms. Brainerd moved for approval of the minutes of the Regular Meetings of January 16 and January 30, 1990, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. Ms. McCarty arrived at this time. 6. Mayor Campbell read and presented the following proclamations: A. Visiting Nurse Association 45th Anniversary - 1990. B. Atlantic Lodge #217 - Pythian Founders Day - February 19, 1990. C. Boynton-Delray Lodge #206 - Pythian Founders Day - February 19, 1990. D. Disabled American Veterans Week - February 10-19, 1990. E. Commending Mr. Theodore Baxter for Outstanding Community Service. F. Commending Mr. Charlie Kennedy for Outstanding Community Service. 6.G. Mayor Campbell read and presented a proclamation calling for a First Nonpartisan Election to be held on Tuesday, March 13, 1990, between the hours of 7:00 A.M. and 7:00 P.M., and designating the precincts and polling places in the City of Delray Beach. 6.H. Mayor Campbell read and presented a proclamation calling for a Special Election to be held on Tuesday, March 13, 1990, between the hours of 7:00 A.M. and 7:00 P.M., and designating the precincts and polling places in the City of Delray Beach. PUBLIC COMMENTS 7.1. Lorraine Casper, Delray Beach, stated she has been waiting for an announcement regarding one of the policies in the recently approved Comp Plan in order to allow those persons affected to have ample time to prepare for this change. This policy states that any condo or like building having discharge from air conditioners into canals that lead into the Intracoastal must terminate this method by June, 1991. 7.2. Ben Director, 1415 N.W. 28th Avenue, read a prepared statement claiming that many residents of the City are under the assumption that the constant bad press and publicity attributed to the City of Delray is created and manufactured by Commissioner Mary McCarty and will be eliminated when she is no longer a member. 7.3. Kevin Egan, Chairman of the CRA, stated he is present to ask that their request for a City Planner, to be paid for by the CRA, be placed on the next regular agenda for consideration by the Commission. 7.4. Arthur Jackel and Lillian Feldman, residents, spoke in opposi- tion to the statement made by Ben Director, commenting that such abusive remarks should not be permitted. FIRST READINGS 8. Ordinance No. 3-90. Ordinance No. 3-90, amending the Code of Ordinances by enacting a new subchapter "Sidewalk Cafes" which provides the criteria for application, permitting procedures and fees for side- walk cafes in the Central Business District (CBD), is before the Commis- sion for consideration on First Reading. If passed, Public Hearing will be held February 27th. The Interim City Manager presented Ordinance No. 3-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE IX, GENERAL REGULATIONS", CHAPTER 102, "STREETS AND SIDEWALKS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBCHAPTER, "SIDEWALK CAFES" AND ENACTING A NEW SECTION 102.60, "DEFINITIONS", TO PROVIDE FOR DEFINITIONS; BY ENACTING A NEW SECTION 102.61, "PERMIT REQUIRED", TO PROVIDE FOR PERMITTING OF SIDEWALK CAFES; BY ENACTING A NEW SECTION 102.62, "PERMIT FEES", TO PROVIDE FOR A PERMIT FEE OF FIFTY ($50) DOLLARS PER YEAR TO BE PAID CONCURRENT WITH THE RENEWAL OF AN OCCUPATIONAL LICENSE; BY ENACTING SECTION 102.63, "PERMIT SUBMISSION REQUIREMENTS", TO PROVIDE FOR SUBMISSION OF PROOF OF AN OCCUPATIONAL LICENSE, CERTAIN SITE PLAN REQUIREMENTS, PROOF OF INSURANCE AND HOLD-HARMLESS AGREEMENTS AT THE TIME OF APPLICATION FOR A PERMIT; BY ENACTING SECTION 102.64, "PROCESSING OF APPLICATION", TO PROVIDE FOR REVIEW BY THE CITY ENGINEER AND TECHNICAL ADVISORY COMMITTEE AND THE IMPOSITION OF RESTRICTIONS AND CONDI- TIONS; BY ENACTING SECTION 102.65, "GEOGRAPHIC LIMITA- TION'', TO PROVIDE THAT PERMITS SHALL BE ISSUED IN THE CENTRAL BUSINESS DISTRICT (CBD) ONLY; BY ENACTING SECTION 102.66, "REGULATIONS GOVERNING THE USE, DESIGN AND MAINTENANCE OF SIDEWALK CAFES", TO PROVIDE FOR LOCATIONAL REQUIREMENTS, SIGNAGE, THE SERVING OF ALCOHOLIC BEVERAG- ES, HOURS OF OPERATION, APPEARANCE, AND SAFETY RESTRIC- TIONS'', BY ENACTING SECTION 102.67, "LIABILITY AND INSURANCE", TO PROVIDE SPECIFICS ON INSURANCE, HOLD HARMLESS AND INDEMNIFICATION REQUIREMENTS; BY ENACTING SECTION 102.68, "DENIAL, REVOCATION OR SUSPENSION OF PERMIT; REMOVAL AND STORAGE FEES; CONCURRENT JURISDICTION OF CODE ENFORCEMENT BOARD", TO PROVIDE FOR SUSPENSION, DENIAL, OR REVOCATION OF A PERMIT BY THE CITY MANAGER OR HIS/HER DESIGNEE UPON NOTICE IN NON-EMERGENCY SITUATIONS; TO PROVIDE FOR REMOVAL AND STORAGE FEES IF THE PERMITEE FAILS TO REMOVE THE VESTIGES OF THE SIDEWALK CAFE, TO PROVIDE THAT APPEALS OF THE ORDER OF THE CITY MANAGER ARE TO THE CITY COMMISSION, TO PROVIDE THE CODE ENFORCEMENT BOARD WITH CONCURRENT JURISDICTION BUT ONLY TO MAKE FINDINGS OF GUILT AND TO ASSESS FINES FOR NONCOMPLIANCE; BY ENACTING SECTION 102.69, "APPEALS", TO PROVIDE THAT APPEALS OF AN ORDER OF THE CITY MANAGER OR HIS/HER DESIGNEE SHALL BE TO THE CITY COMMISSION AND APPEALS FROM THE CODE ENFORCEMENT BOARD SHALL BE TO THE CIRCUIT COURT, TO PROVIDE FOR NOTICE AND TIME FOR THE APPEAL, TO PROVIDE THAT FILING AN APPEAL SHALL NOT STAY THE ORDER OF THE 2 2/13/90 CITY MANAGER; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 3-90 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call, Mr. Weatherspoon expressed a concern regard- ing the allowance of alcoholic beverages and feels this part should be readdressed. At this point the roll was called to the motion. 9. Ordinance No. 4-90. Ordinance No. 4-90, prohibiting the consumption of alcoholic beverages in public places, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held February 27th. The Interim City Manager presented Ordinance No. 4-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 11, "BUSINESS REGULATIONS, CHAPTER 113, "ALCOHOLIC BEVERAGES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SECTION 113.02, "CONSUMPTION PROHIBITED IN PUBLIC PLAC- ES'', BY ENACTING A NEW SECTION 113.02, "PROHIBITION OF CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES; PROVIDING THAT IT SHOULD BE ILLEGAL TO CONSUME ALCOHOL IN PUBLIC PLACES; PROVIDING EXCEPTIONS THERETO; PROVIDING THAT THE CITY MANAGER MAY GRANT WAIVERS THERETO AND PROVIDING AN APPEAL TO THE CITY COMMISSION OF THE CITY MANAGER'S DENIAL OF A WAIVER REQUEST; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; AND PROVID- ING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 4-90 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 3 to 1 vote. Before roll call, Mayor Campbell commented that he is philo- sophically opposed to this and will be voting against it. At this point the roll was called to the motion. 10. Ordinance No. 5-90. Ordinance No. 5-90, correcting the Zoning Map to show appropriate zoning of GC (General Commercial) District instead of RM-10 (Multiple Family Dwelling) District for property commonly known as the 8th Street Market located at the northeast corner of N.E. 8th Avenue and N.E. 8th Street, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held February 27th. The Interim City Manager presented Ordinance No. 5-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR A PARCEL OF LAND LYING AND BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, FROM RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND IS LOCATED AT THE NORTH- EAST CORNER OF N.E. 8TH STREET AND N.E. 8TH AVENUE; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -3- 2/13/90 The City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 5-90 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 11. Ordinance No. 6-90. Ordinance No. 6-90, amending the City Code to provide for expansion of the scope of equity investments that the Police and Firefighters Pension Board can make, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held February 27th. The Interim City Manager presented Ordinance No. 6-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENT", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.66, "FI- NANCES AND FUND MANAGEMENT", SUBSECTION (E) (2), DELETING SUBPARAGRAPHS (b) AND (c), DELETING THE PROVISION THAT A CORPORATION IN WHICH PENSION FUND ASSETS ARE INVESTED MUST HAVE PAID CASH DIVIDENDS FOR A PERIOD OF SEVEN FISCAL YEARS PRECEDING THE DATE OF ACQUISITION; DELETING PROVISIONS CONCERNING THE ANNUAL EARNINGS OF SUCH CORPO- RATIONS; DELETING THE PROHIBITION ON INVESTMENTS IN WHICH ANY INTEREST OBLIGATIONS ARE OR HAVE BEEN IN DEFAULT DURING THE PRECEDING FIVE YEARS; AND RENUMBERING SUBPARA- GRAPH (d) AS SUBPARAGRAPH (b), AND AMENDING SAID SUBPARA- GRAPH TO PROVIDE THAT THE AGGREGATE INVESTMENT IN COMMON OR CAPITAL STOCK IN ANY ONE COMPANY SHALL NOT EXCEED 5% OF THE OUTSTANDING COMMON OR CAPITAL STOCK OF THAT COMPANY; PROVIDING A SAVINGS CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 6-90 on First Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call, the following discussion was had: Mr. Weatherspoon stated, it is his understanding that the restrictions in this ordinance are more restrictive than those of the State and this was due to a particular time frame with regard to invest- ments. He questioned if it is now felt that relaxing those restrictions will benefit the City. The Interim City Manager stated he feels pru- dence of the investment should be more important, with regard to peo- ple's retirement future, than a realistic estimate capability as to what the City's contribution would need to be. Whether or not the State Statute is adequate protection is a philosophical matter for the Commis- sion to consider. Mayor Campbell stated the Police and Firefighters Pension Board have performed in the lower 15 percentile, over the past five years, partly due to the fact that over 50 percent of the City's funds must remain in cash as opposed to other types of investing assets. At this point the roll was called to the motion. REGULAR AGENDA 12. Appointment of a member to the Board of Construction Appeals. The Commission is to consider approval of the appointment of a member to the Board of Construction Appeals in the vacant architect position to a term ending February 13, 1992. Based upon the rotation system, this will be the Mayor's appointment. -4- 2/13/90 Mayor Campbell stated he would nominate Robert Currie. Ms. Brainerd moved to appoint Robert Currie as a member of the Board of Construction Appeals, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 13. Alternate Date for Regular Commission Meeting of March 13, 1990. The Commission is to consider deferring the Regular Commission Meeting of March 13, 1990 (Election Day) to an alternate date. The Interim City Manager and Staff recommend March 14, 1990, as an alternate date. Ms. Brainerd moved to approve the alternate date of the Regular Commission Meeting of March 13, 1990 as March 14, 1990 at 7:00 P.M., seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 14. Canvassing of Absentee Ballots. The Commission is to consider authorizing the Supervisor of Elections to collect and process absentee ballots for City elections. Approval is recommended. Ms. Brainerd moved to authorize the Supervisor of Elections to collect and process absentee ballots, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 15. Request for Modification of City Code of Ordinance ~ypeset S.~y.le. The Commission is to consider a request from American Legal Publishing Company to change the typeset style in the Code book to a new format. Approval is recommended. Ms. Brainerd moved for the modification change, seconded by Mro Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes.~ Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Upon question by Mr. Weatherspoon, the City Attorney advised American Legal Publishing Company stated this will be done free of charge. At this point the roll was called to the motion. 16. Selection of Financial Advisor. The Commission is to consider the selection of a financial advisor for the 1990 General Obligation (Decade of Excellence) Bond Issue and the 1990 Water and Sewer Revenue Bond Issue. Approval of Public Financial Management, Inc. is recommend- ed. Ms. Brainerd moved to accept staff recommendation and appoint Public Financial Management, Inc. for financial advisor, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. 17. Method of Sale for Decade of Excellence Bond Issue. The Commission is to consider bidding out Decade of Excellence Bond Issue. Approval is recommended. The Commission concurred to accept staff recommendation with regard to the Decade of Excellence Bond being competitive. 18. Decade of Excellence Bond Projects - Ballfield Lighting. The Commission is to consider allocating the monies designated in the Bond Issue for lighting improvements ($200,000) to Atlantic High School for their lighting improvement projects. Approval is recommended. -5- 2/13/90 Ms. Brainerd moved for approval of ballfield lighting in the amount of $200,000 from the Decade of Excellence proceeds, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Mr. Weatherspoon questioned if this is contingent upon the Principal obtaining additional funding. The Interim City Manager advised the school fiscal year ends earlier than that of the City and it is the Principal's intention to use funds available in this year's budget and try for some additional funding for next year. If the City provides the lighting, the school will be doing the rehab of the fields so they will be in good condition for the school programs and available to the City for after school soccer, etc. At this point the roll was called to the motion. 19. City Hall Expansion - Change Order No. 13. The Commission is to consider a Change Order increasing the contract price by $49,214.12 to install twinax cable which will carry both data and voice (telephone) communications. Approval is recommended. Ms. Brainerd moved for approval, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Ms. McCarty commented, in the future, she would like the funding source designated on the agenda in addition to the backup material and stated, in this particular case, it is coming from the 1987 Utility Tax Bond. At this point the roll was called to the motion. 20. Acceptance of Agreements - Morse Saturn. The Commission is to consider accepting agreements from Morse Saturn (formerly Chamberlain property) located at the southwest corner of Federal Highway and Tropic Bay Boulevard (LaMat) which defers installation of perimeter landscaping along Dixie Highway until widening is completed and requires Morse to install a traffic signal at Federal Highway and Tropic Bay Boulevard, if warranted, within one year. Approval is recommended. Ms. Brainerd moved for approval, seconded by Ms. McCarty. Ms. McCarty commented that two weeks ago she had requested the status of the vehicles being parked on the property and asked for a report. The Interim City Manager stated those vehicles were moved from the back of the Mazda lot while building construction is underway and should be parked there permanently when construction is completed. Ms. McCarty asked if a statement could be submitted to the Commission indicating the time frame. The Interim City Manager stated he would see that the Commission receives a statement. The City Attorney advised that the maker of the motion should make sure both agreements are being approved in one motion. Ms. Brainerd amended her motion to approve both agreements, Ms. McCarty amended her second. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 21. Extension of Site Plan Approval - Franz, Delk, Kinnard (FDK). The Commission is to consider extension of the site plan approval for FDK located on the north side of S.W. 10th Street between S.W. 12th and S.W. 13th Avenues. Denial is recommended. Mr. Weatherspoon moved to accept the recommendation of staff to deny, seconded by Ms. Brainerd. Upon roll call the Commission voted as -6- 2/13/90 follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 3 to 1 vote. Before roll call the following discussion was had: Mr. Weatherspoon asked for confirmation that staff recommended denial based on compliance of the Comprehensive Land Use Plan. David Kovacs, Planning Director, stated, since the Comp Plan is now an offi- cial document adopted by the City and in effect, it supersedes any inconsistencies between zoning. Mr. Weatherspoon commented that, in addition to the fact that it is located in the City's wellfield area, he is assuming that this application was already in progress during the time the Comp Plan modifications were being updated. He questioned if the City neglected to take into consideration the fact that this parcel of land was not contemplated to be developed as the owner had requested. Mr. Kovacs stated the City was aware of this, in addition to another property to the west that had a site plan approved. They were unable to build out and get that use on the site before the Comp Plan took effect; there- fore, those plans are no longer valid. Ms. McCarty commented she is sensitive to the development and perhaps a special zoning or rezoning would allow him to use his proper- ty, but be more restrictive of the uses. Mayor Campbell stated he disagrees, in that the City tends to allow some grandfathering and now that the City has a strict wellfield ordinance in place, that should prohibit any possible contamination as opposed to the use. Upon question by Mr. Weatherspoon as to alternatives, the Interim City Manager stated there are several uses that lend themselves to development, such as dead storage. Upon question, Mr. Kovacs stated dead storage is not included in the Zoning Code and was expressly excluded some years ago. At this point the roll was called to the motion. 22. Request for Final Payment. The Commission is to consider final payment in the amount of $16,485.86 to H. Kurt Kettlehut and consider authorizing him to finish out projects (North Congress, South Dixie and 10th Street Overpass) which are at 70% - 90% complete. Approval is recommended. The Interim City Manager advised another letter was received from Mr. Kettlehut today in which he states he will settle for no less than $23,900 plus and staff is not prepared to recommend that as a reasonable settlement. The City Attorney advised that Mr. Kettlehut has made a demand of arbitration if the $23,900 plus is rejected. He added, if the amount is rejected by the Commission, the City Attorney's office requests that the denial be postponed until the meeting of February 27th in order for them to research the question as to whether Mr. Kettlehut may invoke the arbitration provisions in a contract that has been terminated. The Interim City Manager suggested, if the decision is to postpone, the Commission select the March 14th meeting, as it will not be feasible to get the information to and from Mr. Kettlehut (who is currently in California) to ensure that he has a reasonable opportunity to represent himself. Ms. Brainerd moved to table Mr. Kettlehut's payment until the March 14th Regular Meeting, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 23. Request for Extension of SAD Enacting Ordinance No. 72-89. The Commission is to consider a request from All American Enterprises for a -7- 2/13/90 30-day extension of the action approved on First Reading of SAD enacting Ordinance No. 72-89. Approval is recommended. Ms. Brainerd moved for approval, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 24. Settlement Offer. The Commission is to consider a counter offer from Robert Friedman in the amount of $2,500 to settle litigation stemming from his attempts to acquire a Board Order from the Board of Adjustment granting a variance. Approval is recommended. Alvaro Vera, Chairman of the Board of Adjustment, stated he feels there was no reason to offer an amount of money originally. The applicant was granted his request and has received his permit. Robert Friedman, 1041 Del Haven Drive, stated the Board of Adjustment granted a variance in order that they might screen a portion of a deck. The City agreed to give him a permit. Much time elapsed and he still had not been able to obtain a permit nor make an appeal. He commented that he had also contacted the Mayor and did not receive a reply. He authorized his attorney to petition the Courts to issue a writ of mandamus requiring the City to issue him a permit. During this entire procedure he has incurred $8,000 in legal fees, but is prepared to accept a settlement of $2,500. Ms. Brainerd stated she is sympathetic to some of the things mentioned by Mr. Friedman and she has discusSed the matter with the City Attorney. Ms. Brainerd moved that the Board accept a compromise settle- ment of $1,750 for Mr. Friedman, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - No; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion FAILED with a 2 to 2 vote. Before roll call the following discussion was had: Upon question by Mr. Weatherspoon, the City Attorney advised, it is his position that, even if Mr. Friedman had been forced to file the mandamus action, (1) the incurring of an attorney was premature and (2) he is not entitled to attorney's fees if he prevailed in a mandamus action. He feels the City has no liability for his attorney's fees as a technical matter; however, due to the equities involved, it was placed on the agenda for Commission consideration. Ms. Brainerd commented that she feels Mr. Friedman made an appeal to a board and won a majority vote. It is her understanding that the process then broke down and she feels he is entitled to some moral remuneration; however, she has faith in the process and system of the City and feels it was an unnecessary decision for Mr. Friedman to seek legal counsel to help make the process work. Mayor Campbell stated he did not get back to Mr. Friedman as he did not feel the equity was with Mr. Friedman and that the Board was acting properly in the best interest of the City. He felt, essentially, that it was a bad decision that the City should have appealed, but there are two sides to this issue. Mr. Weatherspoon commented that the majority of the Board voted for this variance and, even though it may have been a bad decision, Mr. Friedman left the meeting with the impression that he had been granted the variance. As a result this caused a citizen and taxpayer undue hardship and feels he should be granted the $2,500 along with an apology for his inconvenience. Mr. Weatherspoon made a substitute motion to give Mr. Friedman the amount of $2,500. Motion FAILED for lack of a second. At this time the roll was called on Ms. Brainerd's original motion. -8- 2/13/90 Mayor Campbell stated since both motions failed, there is nothing now pending and the matter will be referred to the staff for further negotiation with the applicant. 25. Appeal of COmmunity Appearance Board Action. The Commission is to consider an appeal from MPG Auto Sales of a Community Appearance Board action relating to modification of sign language. Approval is recommended. The City Attorney stated that from the respective of the City Attorney's office, there are some serious concerns regarding the basis for denial of this item. The applicant stated upon application for the sign, it was refused and it will be detrimental to the business if the proper wording is not allowed. Ms. Brainerd moved for approval of the sign for MGP Auto Sales, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 26. Request from the Education Board. The Commission is to consid- er a request from the Education Board to add an eighth, non-voting member from North Boca Raton to the Board. Approval is recommended. Ms. Brainerd moved for approval of the Education Board request, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 27. Request to Remove "No thru Trucks" Sign on Via Verona. The Commission is to consider a request from Andover Properties to remove the "No thru Trucks" sign located on Via Verona. William Maher, applicant from Andover Partnership, stated their objection is that Via Verona is a public road, their development is just as dignified as that of Verona Woods and he feels the prohibition is unfair and discriminatory. Michael Simon, representing the owner of Verona Woods, stated Via Verona is not to be used as a through street even for the residents, but merely for destination routes. At this time, there is one residence located there but, hopefully, soon there will be a number of residential units. Heavy construction truck traffic makes it difficult to market and sell this property. The City Attorney and the City Engineer have been consulted, along with the police and traffic operations department. Due to the fact that Andover has a convenient access into their own property, he is requesting consideration from the Commission. Ms. Brainerd moved for approval of the sign removal request, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED with a 3 to 1 vote. Before roll call the following discussion was had: Upon question by Ms. Brainerd, Gates Castle, City Engineer stated Via Verona goes across a bridge into the Andover property. He also confirmed for Mr. Weatherspoon that it is a public road not a private road. Ms. McCarty questioned why there was no staff recommendation. Mayor Campbell commented that he feels it is a political decision opposed to a health and safety matter and the decision will be either to go with the Andover Development or the Verona Woods Development. Ms. Brainerd suggested that a third option could be to have "No Trucks" and this would bypass the discriminatory aspect. The City Attorney stated he has a concern regarding that, as the other property would have the ability to have trucks access from another point. -9- 2/13/90 At this point the roll was called to the motion. CONSENT AGENDA The City Attorney stated, before the Commission adopts the Consent Agenda, he just received word that the City of Boca Raton would like to postpone Item 31 to the next Regular Meeting in order that they might have a chance to take another look at it. Mayor CamPbell advised that the Commission can still pass it and if they choose not to sign the agreement, it can be returned to the City for consideration. The following items were considered by the Commission as the Consent Agenda: 28. Appointment of Representative for Logic and Accuracy (L&A) Testing of Automatic Tabulating Equipment and Canvassinq Board. The Commission is to consider the appointment of Jackie Winchester, Supervi- sor of Elections as representative for the testing of the automatic tabulating equipment and as an additional member of the City's Canvass- ing Board. Approval is recommended. 29. Approval of List of Pollworkers for Municipal Election. The Commission is to consider directing the City Clerk to select a suf- ficient number of clerks and inspectors from the list provided to conduct the upcoming municipal election. Approval is recommended. 30. Amendment No. 2 to the Agreement Between the City and Prear- rangement of Delra¥ Inc. The Commission is to consider approval of an amendment to the contract between the City and Prearrangement of Delray, Inc. which defers payment into the building escrow fund until June 5, 1990 and reduces the performance standard from $500,000 to $250,000 a year, after four years. Approval is recommended. 31. Agreement Betwee.n the Cities of Delray Beach and Boca Raton. Approval of an emergency water agreement between the Cities of Delray Beach and Boca Raton for a water line interconnection which will allow an exchange of potable water in the event of an emergency, is before the Commission for consideration. The costs of this interconnection will be divided equally between both Cities. Our share of the cost for con- struction of this project is $35,000. Funding is available in Water and Sewer Interconnect (Account No. 441-5161-536-64.01). Approval is recommended. 32. Acceptance of an Easement Deed - Greater Mt. Olive Missionary Baptist Church. The Commission is to consider accepting an easement deed from Greater Mt. Olive Missionary Baptist Church which permits placement of an Historic Marker and maintenance of a "mini park" by the City on the Church's property located at the corner of N.W. 5th Avenue and N.W. 1st Street. Approval is recommended. 33. Final Plat Approval. The Commission is to consider approval of a final plat for the Community Child Care Center located on N.W. 4th Street (Lake Ida Road) and N.W. 5th Avenue. Approval is recommended. 34. Authorization to Submit Grant Application. The Commission is to consider authorizing staff to submit a grant application to the State Department of Environmental Regulation for consideration of award of funding in the amount of $11,000 for our Dune Revegetation Project. Approval is recommended. 35. Grant Application - After School Care Program. The Commission is to consider approval of a grant application to the Children's Service Council for funding in the approximate amount of $160,000 to fund our Fiscal Year 1990/91 afterschool programs. Approval is recommended. 36. Acceptance of Grant - Governor's 1990 Senior Games. The Commission is to consider accepting a grant in the amount of $2,000 and authorizing staff to participate, as a sponsor, in the Governor's 1990 Senior Games to be held from March 19th through 24th. Approval is recommended. -10- 2/13/90 37. Authorization to Submit a Grant Application. The Commission is to consider authorizing staff to Submit a grant application, for match- ing, to the State Department of Environmental Regulation's Coastal Management Grants Division for funds approximating $7,495 to support our Sea Turtle Conservation Program. Approval is recommended. 38. Resolution No. 10-90. Resolution No. 10-90, assessing costs for abatement action required to board up an unsafe structure at 710 Bond Way in the amount of $1,243.00, is before the Commission for consideration. The caption of Resolution No. 10-90 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. 10-90 is on file in the official Resolution Book) 39. Resolution No. 11-90. Resolution No. 11-90, assessing costs for abatement action required to demolish an unsafe structure at 119 N.W 4th Avenue in the amount of $1,760.00, is before the Commission for consideration. The caption of Resolution No. 11-90 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. 11-90 is on file in the official Resolution Book) 40. Resolution No. 12-90. Resolution No. 12-90, assessing costs for abatement action required to demolish an unsafe structure at 206 S.W. 2nd Avenue, in the amount of $2,640.00, is before the Commission for consideration. The caption of Resolution No. 12-90 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. -11- 2/13/90 (Copy of Resolution No. 12-90 is on file in the official Resolution Book) 41. Resolution No. 13-90. Resolution No. 13-90, assessing costs for abatement action required to remove nuisances on four properties located throughout the City, is before the Commission for consideration. The caption of Resolution No. 13-90 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. 13-90 is on file in the official Resolution Book) 42. Resolution No. 14-90. Resolution No. 14-90, assessing costs for abatement action required to remove 12 junked vehicles located on properties throughout the City, is before the Commission for considera- tion. The caption of Resolution No. 14-90 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COST~ INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS- MENTS; 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. 14-90 is on file in the official Resolution Book) 43. Resolution No. 15-90. Resolution No. 15-90, assessing costs for abatement action required to remove nuisances on 26 properties located throughout the City, is before the Commission for consideration. The caption of Resolution No. 15-90 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. 15-90 is on file in the official Resolution Book) 44. Resolution No. 16-90. Resolution No. 16-90, objecting to Palm Beach County's proposed repeal of Ordinance No. 72-8, which currently -12- 2/13/90 provides funding by Palm Beach County to the municipalities for school crossing guards, is before the Commission for consideration. The caption of Resolution No. 16-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, STRONGLY OBJECTING TO PALM BEACH COUNTY'S PROPOSED REPEAL OF ORDINANCE 72-8 WHICH CURRENTLY PRO- VIDES FOR FUNDING BY PALM BEACH COUNTY TO THE MUNICIPALI- TIES FOR SCHOOL GROSSING GUARDS; URGING ALL OTHER MUNICI- PALITIES WITHIN PALM BEACH COUNTY TO JOIN IN THIS OBJEC- TION IN ORDER TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF ALL CHILDREN WITHIN THE COUNTY; DIRECTING THE CITY CLERK TO SUBMIT COPIES OF THIS RESOLUTION TO ALL OTHER MUNICIPALITIES WITHIN PALM BEACH COUNTY AND TO THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Copy of Resolution No. 16-90 is on file in the official Resolution Book) 45. Award of Bids and Contracts. A. Phase IIIb, Stormwater Utility Fee - Engineering - Gee & Jenson Engineers to finalize the storm water fee rate, develop and implement schedule, and preparation of the necessary ordinance, in the amount of $29,000 with funding from General Fund Engineering Services (Account No. 001-2911-519-33.11). B. Landscape Maintenance Service , N.E. 8th Street (Between N.E. 5th Avenue and A-l-A) and West Atlantic Avenue (Between Swinton Avenue and 1-95 Interchange) - America's Pros in the amount of $24,605 with funding from Beautification Trust Fund Maintenance Contracts (Account No. 119-4144-572-33.49). C. Hurricane Shutters - Pompey Park and Community Center - Folding Shutter Corporation in the amount of $25,868 with funding from Parks and Recreation Lapsed 1988-89 Funds. D. CDBG Housing Rehabilitation Grant Award - 122 S.W. 7th Avenue - Abisset Corporation in the amount of $14,960 with funding from CDBG Block Grant Housing Rehab (Account No. 118-1963-554-60.23). E. Liquid Chlorine - Annual Contract - PB&S Chemical in the approximate amount of $69,000 with funding from Water and Sewer Water Treatment Chemical (Account No. 441-5122-536-35.18). F. Irrigation System - Memorial Gardens Cemetery - Triple A Irrigation in the amount of $12,868 with funding from Cemetery Capital Outlay Other (Account No. 428-4511-539-60.89). Ms. Brainerd moved for approval of the Consent Agenda, seconded by Mr. Weatherspoono Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor McCarty took the chair. 46.A.1. Ms. McCarty read a prepared statement with regard to the City's fiscal situation, comments of which are a continuation and follow up of last week. At that time she asked for the status of expenditures and was informed it was within one-half percent. Actually, expenditures were at 20 percent for the year, which was five percent below the 25 percent level. That equates to $1.6 million dollars in expenditures less than anticipated. An explanation was given projecting a revenue lag that would be hard to correct when the percentage increased with each quarter. Upon seeing that a lag in expenditures is more than that in revenues, a very different picture can be painted. She feels the headlines indicating that the City has a million dollar problem sends the wrong message. She also feels a negative attitude, exhibited by the -13- 2/13/90 Interim City Manager in a letter to the CRA, tended to alienate them. She asked for Commission support of her position in requesting that the Interim City Manager be more professional and less political. She then acknowledged the unfavorable status of some of the revenue accounts with respect to fund balances and suggested the following: (1) that those fund balances be built with unanticipated revenues which may be received, as opposed to spending them on new activities. (2) with respect to the Utility Tax Bond surpluses, that the unused CRA allocation and accrued interest be allocated to Fire Station No. 2, City Hall expansion and Atlantic Beautification Phase II, prior to the use of the short term borrowed funds and that both sources be tapped to reimburse and/or pay for recur- ring or one-time expenses associated with those projects. (3) with regard to the General Fund, she has a concern with cutting funds that may be needed or desired to be reinstituted later. She suggests all identified funds be encumbered only, making clear that the item for which they were allocated will remain in a "hold" status. (4) by encumbering the available money identified last week, by reimbursing the General Fund for expenses associated with projects financed by the Utility Tax Bond and the Short Term note and seeing increased revenues from Building Permits, she feels the City should be on solid footing with regard to the Bond market on both upcoming issues. Mayor Campbell returned to the Commission Chambers at this time and took the Chair. Ms. McCarty stated she does not feel the fiscal situation is in a crisis situation and it is appropriate to continue, with restraint, but not appropriate to fall into disarray or impose unwarranted cutbacks on service to the public or place inappropriate burdens on the support staff. She requested a consensus of the Commission on the positions presented or, if necessary, to place them before the Commission for formal endorsement at the next meeting. Mayor Campbell stated, if the Commission would like to have a more in-depth discussion, this can be put on an agenda as early as next week at the workshop. 46.A.2. Ms. McCarty expressed a concern about a memo from Assistant City Manager Barcinski to the City Attorney with regard to expenditures on equipment for the Golf Course. With Commission concurrence, she would like to direct the City Attorney to look into this matter, get back to the Commission within two weeks, explaining what transpired, how it came to pass, research both legal and procedural implications on the circumstances and give an indication of what impact these actions may have on the City's future purchasing practices. The Commission con- curred. Mayor Campbell also requested the Interim City Manager to submit a like memo indicating his perspective. Ms. McCarty stated, at the time the contract was to be insti- tuted, the purchasing practice was brought to her attention, and she was aware this constituted a change in City policy. It was her hope this would be discussed publicly if it was to be changed. She also requested a status of the Letter of Credit, as it is her understanding that this is still in question; she would like a date as to when compliance can be expected. 46.A.3. Ms. McCarty requested, in the future, that the Interim City Manager contact the Commissioners when meetings are being scheduled. She was not contacted regarding the meeting this coming Thursday with the DDA and will be unable to attend. 46.A.4. Mayor Campbell stated he will be meeting with the Interim City Manager for some aggressive follow-up with regard to the Agreement on the Beautification of the City. -14- 2/13/90 46.C.1. The Interim City Manager advised there was a request with regard to some items at the Golf Course by Commissioner Andrews which he is passing on to the Commission. 46.C.2. The Interim City Manager stated, in response to a statement from Mr. Andrews and one that another Commissioner had expressed concern about as to what point in time does staff get Commission input in the initial preparation of the budget, it has been recommended that March 5th will be an appropriate time to receive some philosophical guidance from the Commission in order to begin the preliminary part of the budget. This will then come back to the Commission, recognizing that there will be at least one change in the composition, to have that information refined. Staff will provide additional information during the next two weeks for Commission consideration. The main question is would the Commission like this to be done at a separate workshop at 5:30 P.M. or make it a part of the workshop on March 6th as a regular agendaed item. 46.C.4. The Interim City Manager advised, in reply to the request from Ms. McCarty, there is a status of General Fund expenditures as of the end of the first quarter for FY 1989, which reflects, as she indicated, that the unencumbered balance coming from the first quarter was 4.94 percent or $1,599,457.00. He also stated, in the package before the Commission members, those areas where there were the most significant reductions are shown and, on the back page, an item which will require an explanation as to why that money exists. Primarily, it exists because the City maintains a General Fund balance of approximately seven percent. That is the money that basically permits the City to operate from October 1 until mid-to-late December when the ad valorem revenue is received. If the City goes to the low end of that cycle just before the first check is received from Palm Beach County for ad valorem revenue, there is only about $200,000 remaining; for that reason, Capital Im- provements and Capital Equipment acquisitions are not done at this time and other contracts are deferred in order to keep some revenue balance in the fund during that period. He further stated, if anyone has any questions with reference to this, or more detailed information is desired, he or Ms. Kincaide, Budget Director, will be happy to meet with anyone, individually, and discuss those numbers. 46.C.4. The Interim City Manager requested permission from the Commis- sion for himself and Ms. Davila, City Horticulturist, to meet with the Administration of the Town of Gulfstream and, by joint action, see if some procedure can be arrived at in which they can assist the City of Delray in reducing water consumption by reducing their water consump- tion. It is felt their 15 percent reduction goal can be met and that this can be accomplished with more innovative scheduling of landscape watering, etc., to preclude being required by SFWMD, at some later date, to undertake more onerous terms of the agreement with the Town of Gulfstream. Mayor Campbell declared the meeting adjourned at 8:50 P.M. - '~ City Clerk ATTEST: MAYOR 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 February 13, 1990, which minutes were formal- ly approved and adopted by the City Commission on ~~ ~p-? /~ -15- 2/13/90