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04-11-90 APRIL 11, 1990 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:02 P.M., Tuesday, April 11, 1990. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner William Andrews Commissioner Mary McCarty Commissioner David Randolph Mayor Thomas E. Lynch Absent - None Also present were - Interim City Manager Robert Barcinski and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Rabbi Samuel Silver of T~mple Sinai. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. The Interim City Manager advised there are two addendums to the Agenda as follows: Item No. 34. has been moved from the Consent Agenda and placed at the end of the Regular Agenda as Item 26.A., Item No. 26.B. has been added to the Regular Agenda, Item No. 43 has been removed from the Consent Agenda and Item No. 43.A. has been added to the Consent Agenda. Ms. McCarty moved for approval of the Agenda, as amended, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Mr. Randolph moved for approval of the minutes of the Regular Meeting of March 27, 1990 and the Special Meeting of March 29, 1990, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations. Mayor Lynch stated the Commission decided at the Organizational Meeting that proclamations, for which no one is present to accept, will be signed and given to a member of that organization as opposed to reading them. A. Great Strides to Cure Cystic Fibrosis Day - May 19, 1990. B. National Building Safety Week - April 8, through April 15, 1990. 7. Presentations. A. Legislative Update - Kathy Daley. Kathy Daley, City Lobbyist, stated she is going to briefly explain the first two items and allow the Commission to give direction. The first is a proposed budget from the State indicating they would like to keep a portion of the City's Revenue Sharing and put it towards pro- grams they see fit, as opposed to giving it to the City. It is the feeling of the Finance Director that, with this plan, the City would lose about $700,000 per year. The Interim City Manager confirmed this, stating it is an administrative surcharge applied to Sales Tax, County Revenue Sharing and an Insurance Premium Tax and could cost the local governments a considerable amount of money. The Municipal League is opposed to this along with the Finance Director's Association. Ms. Daley stated the cities and counties presently do not have the ability to tax an adequate amount. By having this taken away it will reduce funding even further. The Commission concurred to join in with the Municipal League's opposition. Ms. Daley stated the second item refers to the State placing a surcharge on some water and sewer items and the services provided by the City. In place of the Cities being allowed to tax their own items, they would like to do that taxing and keep it on a State level. Mayor Lynch stated he feels this would hurt the City, as those taxes are used for bonding and capital improvements. The Commission concurred in opposing these surcharges. Ms. Daley commented that Representative Lois Frankel has two bills regarding the proposed West Palm Beach Civic Center; one that will tax West Palm area restaurants, which was not received enthusiastically, and a second bill to allow the County Commission to arbitrarily tax anywhere in the County for the building of this center. Upon question by Mayor Lynch, Ms. McCarty commented that limited money is being received from the Tourist Development Council in the form of promotional marketing and design of the facility, but they are not the actual funding source. Mayor Lynch advised, upon discussion by the Commission, there is a consensus that the Commission is opposed to Delray residents being taxed. Ms. Daley stated one item she is working on, without direction from the Commission due to the time frame involved, concerns the FIND. They are up for Sunset this year and the Senate placed an amendment on that bill stating they cannot give out any further grants. The City of Delray has benefited considerably from this and someone needed to be there when the bill came before the House, so she helped to get it stopped. Ms. Daley stated Commissioners McCarty and Andrews have met with Representative Sam Mitchell, who is the Chairman of the Committee that distributes the money needed. At the budget hearing last week the money for the beach and Old School Square were discussed; he spoke highly and was very supportive of both. As far as he is concerned, that money will go in the House. Ms. Daley also stated there is a possibility that a gas tax will be passed to be used for the improvement for county roads. A designated funding source to benefit beach renourishment is moving, but there is no general consensus as to how this will be handled. There are a lot of bills moving for local waste disposal and recycling technology and they will probably all come together by the end of the session and something will be passed. There is a problem with regard to the lan- guage with the local afterschool program that comes under the guidelines of HRS licensing, but she and Assistant City Attorney Susan Ruby are working on it. She has worked with the representative on the Florida Urban Development Loan Act and they are in agreement on the language. The one problem is that, she has been told, there will be no new pro- grams which require a price tag that will pass this year. Ms. McCarty asked if Ms. Daley is monitoring the Preservation Boards, especially Palm Beach County's Preservation Board. Ms. Daley stated that item came up in a Senate Hearing and two counties were knocked out immediately. Palm Beach County is susceptible to being knocked out because they do not own any State land. Ms. McCarty advised that some members of the Commission will be going to Palm Beach County Day the end of April and she would like Ms. Daley to schedule appoint- ments if it is necessary to meet with any of the representatives. Ms. Daley stated she has begun that process and needs to know how many persons will be attending, what time they will be available and she will take care of it. PUBLIC HEARINGS -2- 4/11/90 8. Ordinance No. 10-90. Ordinance No. 10-90, rezoning the Yu Brothers property located on the west side of Congress Avenue between Atlantic Avenue and Lake Ida Road, just south of Congress Avenue Auto Plaza, from LI (Limited Industrial) District to MIC (Mixed Industrial Commercial) District, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The Interim City Manager presented Ordinance No. 10-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED LI (LIGHT INDUSTRIAL) DISTRICT IN MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID LAND BEING ALL OF YU BROTHERS FOOD DISTRIBUTION FACILITY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 59, PAGE 126 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED ON THE WEST SIDE OF NORTH CONGRESS AVENUE, BETWEEN ATLANTIC AVENUE AND LAKE IDA ROAD, JUST SOUTH OF CONGRESS AVENUE AUTO PLAZA; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 10-90 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. McCarty moved for the adoption of Ordinance No. 10-90 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Before roll call, David Kovacs, Director of Planning, confirmed the fact that there are no wellfields in the area. 9. Ordinance No. 12-90. Ordinance No. 12-90, amending the Code of Ordinances by adding a new section "Hazardous Substances and Hazardous Waste; Recovery of Cost" to provide for collection of fees by the City for investigating, mitigating, minimizing, removing or abating the release of hazardous substances or hazardous waste, 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. 12-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96 "FIRE PREVENTION; FIREWORKS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY ENACTING A NEW SECTION 96.08 "HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE; RECOVERY OF COST", TO PROVIDE FOR REIMBURSEMENT, TO THE CITY OF DELRAY BEACH, COSTS ASSOCIATED WITH INVESTIGATING, MITIGATING, MINIMIZING, REMOVING OR ABATING THE RELEASE OF HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE; PROVIDING FOR A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 12-90 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. -3- 4/11/90 Mr. Randolph moved for the adoption of Ordinance No. 12-90 on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. PUBLIC COMMENTS 10.1. Sam Schwimer, Pines of Delray, stated he has heard a rumor that someone has suggested that Lowson Boulevard be closed at Military Trail. Lowson Boulevard is an exit route established by the emergency manage- ment personnel in the event of a hurricane in order that the residents from the east side of the area could be evacuated. He would like a definite answer to this. 10.2. Mr. Schwimer commented that the Pines of Delray has been involved in the paper recycling by means of installing dumpsters. Any recycling of glass, cans, etc. has not been done, except on an individu- al basis, because they have had no notice from the City regarding this. They recently received a bill from the City and are confused as to their participation. He suggested the City bill and collect from the Pines of Delray as a body opposed to mailing each of the 674 members a bill. The Association will collect the money in their maintenance cost and will send one payment to the City; but he feels they should be notified when additional charges are imposed on the residents, along with the basis for the charges. 10.3. Frank Spence, Executive Director of the CRA, stated he would like to call attention to another bill that will be adverse to the financial situation of the City, exempting the Health Care District and the Childrens' Services Council from paying Tax Incremental Funds to any CRA in Palm Beach County. The CRA Board voted unanimously to oppose that bill. The CRA's of Boynton Beach and Riviera Beach have also voted in opposition of this bill. Boca Raton and West Palm Beach CRA's have floated bonds and pledged their TIF funds to repay those bonds. If this bill should be successful, the City will lose 12.4 percent of the TIF funds. The Board is asking the Commission to oppose this bill and direct the City Lobbyist to oppose such a bill. 10.4. Deborah Wright, 815 Martin Luther King Boulevard, spoke in opposition to the 6:00 P.M. starting time for the Commission meetings. Her request is for the Commission to consider changing the starting time back to 7:00 P.M. 10.5. Arthur Jackel, resident, stated he feels a rotation of Commis- sioners would be in order and is recommending a change in the City Charter. He feels Commissioners and the Mayor should serve for two consecutive terms only, with the exception of a Commissioner who is seeking the office of Mayor. If the Commission concurs, he would ask that the Commission direct the City Attorney to provide proper wording, pass a resolution and have it placed before the public for approval. 10.6. Paul Friedman, resident, stated he feels there were some projects that were under consideration at the time of termination of the last City Manager that need to be discussed, regarding the way the City spends its money, as follows: (1) The manner in which the City awards contracts. He is proposing that the City have an auditor review these contracts from a standpoint of whether the City is getting its money's worth. (2) The need for a financial monitoring system. (3) Training of staff in the area of cost-saving ideas for purposes of creating a budget of zero balance. (4) Utilizing a corporate approach. He commented this is purely an update for the new Commissioners. 10.7. Jerry Marshall, Woodlake, recommended that the Commission fight very hard to maintain a budget for the afterschool program and find ways for the high school students to become involved in a similar program in order to keep them off the streets and out of drug related problems. FIRST READINGS 11. Ordinance No. 13-90. Ordinance No. 13-90, amending the Code of Ordinances by enacting a new Section 52.03, "Use of Water from Hydrants" -4- 4/11/90 to provide for potable water on an interim or temporary basis from fire hydrants upon approval of the Director of Public Utilities, provide application requirements and for a minimum deposit fee of $350, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 24th. The Interim City Manager presented Ordinance No. 13-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 52, "WATER", BY REPEALING SECTION 52.03, "USE OF WATER FROM HYDRANTS", AND ENACTING A NEW SECTION 52.03, "USE OF WATER FROM HYDRANTS", TO PROVIDE FOR OBTAINING POTABLE WATER ON AN INTERIM OR TEMPORARY BASIS UPON APPROVAL OF THE DIRECTOR OF PUBLIC UTILITIES, TO PROVIDE THAT IF APPROVED BY THE DIRECTOR OF PUBLIC UTILITIES ON AN INTERIM AND TEMPORARY BASIS THE APPLICANT SHALL BE REQUIRED TO SUBMIT AN APPLICATION INCLUDING A MINIMUM DEPOSIT IN THE AMOUNT OF $350, PROVIDING THAT MINIMUM CHARGE WILL BE ASSESSED PURSUANT TO SECTION 52.34, AND PROVIDING THAT ALL CHARGES BE PAID IN FULL BEFORE THE RETURN OF THE DEPOSIT. PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFEC- TIVE DATE. The City Attorney read the caption of the ordinance. Helen Coopersmith asked if the $350 refers to every fire hydrant in the City. The Interim City Manager advised this refers to contractors who need a temporary water source for construction and, upon permission from the City Utility Director, pays the $350 deposit plus a usage charge. Ms. McCarty moved for the adoption of Ordinance No. 13-90 on First Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 12. Ordinance No. 14-90. Ordinance No. 14-90, amending the Code of Ordinances by amending Section 71.068 "Cost of Parking or Standing Vehicle in Certain Metered Spaces" to provide for an increase of the parking fees in parking lots located east of Andrews Avenue Fire Sta- tion, Atlantic Dunes Park, Anchor Park, and Sandoway Park to $.75 cents per hour, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 24th. The Interim City Manager presented Ordinance No. 14-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE VII, "TRAFFIC CODE", CHAPTER 71, "PARKING REGULATIONS", "PARKING METERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 71.058, "COST OF PARKING OR STANDING VEHICLE IN CERTAIN METERED SPACES", SUBSECTION (A), BY REESTABLISHING THE COST OF PARKING A VEHICLE IN CERTAIN PARKING METER SPACES; PROVIDING A GENERAL REPEAL- ER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 14-90 on First Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 13. Ordinance No. 15-90. Ordinance No. 15-90, amending Chapter 110, "Occupational License is Required" of the City Code by enacting a new subsection to provide that the requirements of Florida Statutes Section 481.201 through and including Section 481.288 and implementing -5- 4/11/90 Rules of the Florida Administrative Code, regulating the practice of architecture and interior designed are incorporated in the City Code, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 24th. The Interim City Manager presented Ordinance No. 15-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "BUSINESS REGULA- TIONS'', CHAPTER 110, "OCCUPATIONAL LICENSES GENERALLY", SECTION 110.08, "WHEN STATE LICENSE IS REQUIRED", BY ENACTING A NEW SUBSECTION 110.08 (C), TO PROVIDE THAT THE REQUIREMENTS OF FLORIDA STATUTES, CHAPTER 481, "PART I", "ARCHITECTURE" AND IMPLEMENTING RULES OF THE FLORIDA ADMINISTRATIVE CODE, GOVERNING ARCHITECTS AND INTERIOR DESIGN PROFESSIONALS SHALL BE INCORPORATED HEREIN, AND PROVIDING THAT THE CITY SHALL NOT ISSUE A BUILDING PERMIT(S) IF THE PROVISIONS OF FLORIDA STATUTES SECTIONS 481.201 THROUGH 481.233 OR IMPLEMENTING RULES OF THE FLORIDA ADMINISTRATIVE CODE HAVE NOT BEEN MET; PROVIDING A SAVINGS CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 15-90 on First Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 14. Reappointment of a Member to the Public Employee Relations Commission. The Commission is to consider the reappointment of an alternate unclassified member to the PERC Commission to a term ending April 11, 1994. Ms. McCarty moved to reappoint G. Robert Fellows, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 15. Designation of a Chairperson to the Public Employee Relations Commission. The Commission is to consider the designation of a member of the Public Employee Relations Committee (PERC) to act as chairperson in accordance with Section 35.032 (A) (1) (b) of the Code of Ordinances. Ms. McCarty moved to designate Martin Frost, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 16. Appointment of Two Members to the Education Board. The Commis- sion is to consider the appointment of two members to the Education Board to fill the seats vacated by the resignations of Bill Wallace and Mike Plum. Ms. McCarty moved to appoint C. Stephen Raciti, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin requested that his appointment be postponed until the next regular meeting of April 24th, allowing him an opportunity to review the applications that have been received. 17. Appointment of Two Members to the Board of Construction Ap- peals. The Commission is to consider the appointment of two members to the vacant general contractor positions on the Board of Construction Appeals to a term ending April 11, 1992. -6- 4/11/90 Mr. Andrews moved to appoint Samuel DeOto, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Mr. Randolph requested that his appointment be postponed until the next regular meeting of April 24th. 18. Approval of City Manager Contract. The Commission is to consider the status of contract negotiations with Robert Elliott for employment as the City Manager. The City Attorney stated their office is looking for direction from the Commission with regard to the process, due to the fact that Mr. Elliott has withdrawn his name from consideration. Mayor Lynch stated the Commission has spent a lot of time in selecting an applicant for City Manager. After reviewing City staff reports, it has been found that the City is very short on money, and budgeting is important at this time. The Commission is approaching this program differently than the City Managers, in that the Commission is looking to pay a good salary and then pay on performance. Many City Managers are looking for upfront money, severance pay and package bonuses based on the history of the City. The City of Delray seems to have inherited the reputation of being unable to keep City Managers and thus, the upfront money request and additional severance pay for protec- tion against this. When negotiating a contract in public, under Sun- shine, all monies involved are made known to staff and the public and this creates a difficult situation. Mayor Lynch commented that the news media was not especially sympathetic and hopes this changes in the future. Mr. Andrews stated, after speaking with Mr. Harden earlier this week, he feels he could do the job. He commented that each of the applicants indicated to him that, if the City is looking for major structural changes in the organizational chart, those should be done before the new City Manager takes over; or at least have a structure available to hand to him. Mayor Lynch stated Mr. Harden was his second choice on the voting because, on the days of individual interviews, he felt he was not as strong as what the City needed. However, at the Public Hearing, he felt he was the best candidate. He would be happy to have an opportun- ity to meet with him again. Dr. Alperin expressed some reservation and feels there is no rush, especially if there are to be structural changes prior to hiring a new City Manager. He would be willing to look into other options. Mr. Randolph commented that earlier he attempted to get another Commissioner to join him and Mr. Andrews in making Mr. Harden the first choice, to no avail. He feels there should be a City Manager on board as soon as possible, with the budget in process, and has confidence that Mr. Harden could do the job effectively. Ms. McCarty stated that Mr. Harden was her second choice, but feels she can work with him. She would be very supportive of Mr. Harden if he should choose to make a return trip. Mr. Andrews stated that he feels all the Commissioners should feel very comfortable with having Mr. Harden, so prior to offering the position, he suggested that they invite him and conduct another inter- view. The Commission concurred to interview Mr. Harden on an indivi- dual basis at a time that is convenient for him to visit. 19. Letter of Credit - National Cable Ltd. The Commission is to consider acceptance of a letter of credit, in the amount of $75,000, in lieu of a performance bond from National Cable Ltd. Approval is recom- mended. -7- 4/11/90 Mayor Lynch stated he has no problem with the letter of credit. He feels, if a precedent is to be set, he would like to be sure that the bank is strong and will continue to be in existence and that the letter of credit can be irrevocable. The City Attorney advised it is irrevoc- able, but that would not restrict it from being sold to another bank. He asked if the City will accept a letter of credit in lieu of a per- formance bond. The form of that letter of credit, if the Commission provides guidance to the City Attorney, would then be placed on the agenda to be approved, in conjunction with the approval of the Certifi- cate of Insurance, at the next Regular Meeting. Ms. McCarty asked if a precedent has previously been set with the golf course issue. The City Attorney stated he is not sure that is binding on cable television and he would prefer a letter of credit. Upon question by Dr. Alperin, the City Attorney advised an option is offered because it is part of the ordinance; but some people cannot obtain a letter of credit, due to insufficient assets, opposed to paying a premium for a performance bond. Dr. Alperin moved to approve the substitution of the letter of credit, subject to those terms and conditions, and to be brought before the Commission on a future agenda for approval as to form, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. 20. Site Plan Approval - Tract E Delray Park of Commerce. The Commission is to consider a request for site plan approval for a pro- posed furniture manufacturing plant and other light industrial uses on Tract E, Delray Park of Commerce, located at the northeast corner of Lake Ida Road and Congress Avenue. Approval is recommended, subject to the following conditions: 1. Terminal islands are required to be a minimum of 5' in width pursuant to Section 173.772 (D) (4). The island proposed at the southeast corner of Building B is only 4' in width. 2. "Access" at the southeast corner of the site is misspel- led. 3. The FPL poles at the southeast and northeast corners of the site may have to be moved to accommodate a full 24' accessway required pursuant to Section 102.22. If moving the poles is prohibited by FPL than a waiver via from Section 102.22 is required. This is an outstanding item which will be resolved with the plat currently under review. 4. Revise parking figure to reflect new square footage, 35,887 vs. 35,960. 5. Permission must be provided for plantings proposed within the utility easement along Park of Commerce Blvd., drainage easement (southwest corner) and the FPL easement along the east border of the site. 6. The proposed on site fire hydrants must be relocated to the end of the landscape islands to avoid conflicts with landscape material. 7. Provide engineering plans on how the lake in the drainage retention tract will be redesigned. 8. Provide typical dumpster detail. 9. Some of the remaining plan sheets have not been revised to correspond to the site plan. The following changes need to be made: Sheet 2 (Paving, Drainage, Etc.) * elimination of secondary access point provision of cross access points * revision to parking areas and sidewalk widths * elimination of parking spaces shown along the south border of Building B * reorient dumpster location east of Building C Sheet 3 (landscaping) -8- 4/11/90 * Eliminate four spaces shown south of Building B. * Reorient dumpster east of Building C. * Relocate trees which are proposed at the cross access points. * Landscape island width at the southeast corner of Building B, does not correspond with the site plan. Sheet 9 Remove column from north, east and west elevations for Building C. Upon question by Mayor Lynch, Mr. Kovacs advised there are no wellfields in the area. Dr. Alperin questioned the concerns with regard to landscaping and sidewalks. Mr. Kovacs commented the landscaping was increased and the pedestrian circulation patterns were resolved in order to provide access where needed. Ms. McCarty moved for approval of the site plan for Tract E of Delray Park of Commerce, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 21. Site Plan Approval - Circuit City. The Commission is to consider a request for approval of a site plan for a proposed 18,000 square foot assorted retail store (Circuit City) and a free-standing restaurant structure on the acreage between the Target Center and 1-95. Approval is recommended, subject to the following conditions: 1. That the Tract be replatted if utility easements are to be provided for the water and sewer main extensions or a developer's agreement provided if these facilities will be maintained privately. 2. That the entranceway be modified per the exhibit present- ed at the Planning and Zoning Board meeting of April 2, 1990. 3. That the parking spaces lost due to the entrance modifi- cation must be accommodated elsewhere on site. The minimum parking requirement of 250 spaces must be main- tained. 4. That the perimeter landscape areas must be developed and installed prior to the issuance of the first Certificate of Occupancy. 5. That the outparcel shall be sodded with drought resistant grass if its development does not occur concurrent with the development of the main retail center. 6. That a berm be provided along Linton Boulevard consistent with the landscape theme for the Target Center. 7. That all the items identified under the Technical Section of the report shall be addressed prior to the issuance of the first building permit. 8. That final approval of the building elevations be obtain- ed from the Community Appearance Board. 9. That the four foot (4') gained from reduction of the width of the driveway aisle in front of the main struc- ture be incorporated with the walkway or landscape area by the structures, provided that the driveway aisle does not become placed out of alignment in so doing. Ms. McCarty moved for approval of the site plan, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: -9- 4/11/90 Mr. Andrews commented it is his understanding that out parcels are not beneficial to shopping centers and, in some instances, seem to have no relation to the remainder of the project. Dr. Alperin asked if out parcels were addressed in the Comprehensive Plan. Mr. Kovacs advised that the P&Z Board gave a directive to prepare language in the proposed new codes that would prohibit out parcel development, except under very specific circumstances. Upon question by Ms. McCarty, Mr. Kovacs commented that the P&Z Board had no particular problem with the out parcel in their discussion of this site plan approval, because there were changes to the orientation of the building, along with the size and the entire site plan that minimized those concerns of Mr. Andrews. Mr. Andrews then gave as an example the Gulfstream Mall where the Frontier Restaurant is closed and blocks out the shopping center. He added the ownership of the out parcel changes and soon control as a total project is lost. Dr. Alperin stated the former proposal was for 80,000 square feet and it now looks to be approximately 52,000. He questioned if there are plans for additional square feet. Mr. Kovacs answered there were none. Dr. Alperin also questioned where Waterford Road terminates. Mr. Kovacs stated it presently terminates at the end of this project, but will continue south, in the future, into what is called the Delint Development of Regional Impact, then on to a hotel site. Mayor Lynch stated he knows the applicant placed money in a trust for the street light on Linton Boulevard and is now in the hands of the County. He would like to make sure the City of Delray pursues this in order to avoid traffic problems. Ms. McCarty stated the Engine- ering Department is working closely with the County, but it will still be between 60 to 90 days before completion. Mr. Randolph questioned if there have been any studies or proposals regarding the water service indicating the effect on the City's water crisis by additional facilities. Mr. Kovacs stated the raw water supply is able to accommodate the City's needs, provided there is no salt water intrusion or a lower level of efficiency than is antici- pated. When the treatment plant is complete, capacity is no problem for facilities consistent with the comprehensive plan. At this point the roll was called to the motion. 22. Final Plat Approval - Walmart. The Commission is to consider approval of a final plat for Walmart which involves a three lot sub- division of vacant land upon which Walmart and two out-buildings are proposed. Approval is recommended, subject to obtaining easements, which is being handled administratively by staff. Mayor Lynch questioned what agreements are yet to be completed. Mr. Kovacs stated at the time the Promenade was built, public water mains were installed; when Delray Community Hospital was built, public sewer systems were installed and those systems were contained within those projects' property. In order for Walmart to have access to the City water system, they must negotiate easements and then go onto that private property and install new connections. The applicant has run into problems with those private negotiations and has asked the City of Delray for assistance. The City Attorney's office will review this and, if necessary, the City will become involved in obtaining those rights of access, but Walmart must carry the cost. After working on this for the past two years, the P&Z Board has been implementing policies to avoid this situation. Now easements must be provided to the property line by those persons who require water and sewer systems in order that the next property can tie in. Mayor Lynch asked if this resistance is due to the fact that the Promenade has been foreclosed on. The City Attorney advised it is only a problem from the standpoint of who they need to deal with. It is his understanding that Delray Hospital has stated flatly "No". It is the City's position that, because of the manner in which agreements have been entered into with these two developments, they are required to allow the abutting properties to hook into the public system. It may result in serious negotiations or other enforcement actions that need to -10- 4/11/90 be made by the City. Mayor Lynch then asked for confirmation that, should the Commission approve this, subject to recommendations, the City Attorney will handle the problem and it will not return to the Commis- sion agenda. The City Attorney confirmed this. Mr. Kovacs stated, for the benefit of the new Commissioners, when a plat is approved, in one sense it is saying to the property owner who then subdivides the property, that he can sell that property with a guarantee that improvements are going to be there. Usually it is all wrapped up in a nice package and there is a bond to protect the City in the event that something should go wrong. In this case the package was not so neat and, in order to continue with the project, the plat will be approved in order for Walmart to get under construction. By the time the connections will be needed the City will have intervened, if neces- sary, and provide the water and sewer systems. Upon question by Mayor Lynch if the Concurrency Law would affect this, the City Attorney stated, yes, except for the fact that the capacity is there and it is strictly a matter of getting it to the site. He feels the other owners are obligated to allow this. Dr. Alperin asked where the City's ownership of the water and sewer system end and where the location is. The City Attorney advised the system is owned by the City. Mr. Kovacs commented their access was from Military Trail and now the connection is needed to the south of the properties approximately 20 to 30 feet. In answer to Dr. Alperin's question, Mr. Kovacs stated the Wa lmart property has been annexed into the City making the Delray Community Hospital and the Promenade, who are currently in the County, now eligible for annexation. Mr. Andrews moved for approval of the plat, subject to those afore-mentioned conditions being resolved, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 23. Bond Counsel Review of Storm Water Utility Fee. The Commission is to consider authorizing Mudge Rose to review the method and manner of implementation of the Storm Water Utility Fee System. Approval is recommended. The City Attorney advised that one of the items in the now- approved Comprehensive Plan is providing for a financing mechanism for certain improvements, using Storm Water and Drainage Project Utility fees. The consulting engineering firm, Gee and Jensen, is working on the study in the nature of the financial picture and how that would occur. There are legal issues dealing with the concept, as well as the connection proposed in the GO Bond recently validated and the financial connection to a storm water utility project. It is felt that someone with expertise in storm water utility bonds and tax issues is needed to provide that information. Upon question by Ms. McCarty, the City Attorney stated the cost will be based on an hourly rate and only in a consulting capacity to provide research, and it runs anywhere between $75 to $250 per hour. Ms. McCarty requested that a proposal be submitted indicating the cost and the amount of time involved. Mr. Randolph asked if there are any comparative studies that could be used, as he is concerned that time should be of the essence when fees of this amount are charged. The City Attorney stated all Mudge Rose billing statements are monitored by the City Attorney's office. Ms. McCarty suggested that the City Attorney place the informa- tion on a workshop or an agenda as quickly as possible. The Commission concurred to have the project investigated and have the City Attorney return to them with an estimate of the fee. 24. Proposed "Greenway Plan" for West Atlantic Avenue. The Commis- sion is to consider approval of a "Greenway Plan" for West Atlantic Avenue and authorize staff to proceed with the project at an estimated cost of $110,000. Funding is available in Utility Tax Surplus Funds. Approval is recommended. -11- 4/11/90 Mayor Lynch stated when the CRA approved the original plan, it was for grass and watering, some bushes and some type of chain that was eliminated for berms, and now he notices the addition of Black Olives and questioned the change. Nancy Davila, City Horticulturist, advised that in the interim they added another $10,000 or $12,000. The original estimate was $97,000 to do each of these 11 parcels. Since the first 10 feet along Atlantic is to be used for landscape easement it was felt that by planting trees there now, they would be protected by the fact that they will be maintained when that property is developed. Upon question by Mayor Lynch as to the cost of maintenance for cutting and watering, Ms. Davila commented that the annual maintenance on the lawn trimming was $25,000 and she had no estimate as to the cost of watering. There is money available in the Utility Tax Surplus to fund this. Also, the first year there is a savings of $60,000 by not putting in wells and putting in berms by abandoning post and cable. Mr. Andrews questioned if an ordinance was passed or was it a part of the Comp Plan that the City required, on major thoroughfares, that property owners of vacant lots would maintain the first 10 feet with grass and hedge. He added that he finds it very objectionable that property owners do not maintain their property in an urban area. Mayor Lynch stated the reason for this was that the Commission came to the CRA nearly two years ago and asked for short term/long term goals for West Atlantic Avenue and this was the short term goal of improving the visual aesthetics. Ms. McCarty commented that since this area is targeted as the number one priority, she feels the City should be flexible and make that area more attractive for people coming in to invest their money and redevelop. Mr. Randolph expressed the feeling that long term neglect has been a big problem and it is incumbent on the City to do something as quickly as possible to relieve that. Mr. Randolph moved for approval of the "Greenway Plan" for West Atlantic Avenue, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 25. Request from Palm Beach County for Certificate of Occupancy. The Commission is to consider a request from Palm Beach County for a waiver of the landscaping requirements and issuance of a conditional certificate of occupancy for the new South County Courthouse Complex on West Atlantic Avenue. Lula Butler, Director of Community Development, stated a letter was received from the Construction Administrative Manager, requesting that a Conditional CO be issued to the South County Courthouse for three items. (1) They would like the City to provide a CO, but they would like to install all landscape items, with the exception of sod, thirty days after water restrictions have been lifted. Items (2) and (3) were technical items and have been resolved by staff. She further stated there has been a request for some landscape changes before the Community Appearance Board to substitute Royal Palm trees for Washingtonias. The CAB felt this to be a major substitution and the Commission should address this. Ed Oliver, Architect for the South County Courthouse, stated he is not before the Commission because Palm Beach County wants to install less landscape, but because the recent freeze caused severe damage to most landscape materials and the water restriction order is now in effect. They do not want to install the landscaping and have it die. The three levels of consideration for which they are asking are: 1. Install the sod and the irrigation system now and as soon as the water restrictions are lifted they will return and install everything on the plan. 2. Install everything on the plan with the exception of the big trees, because Royals take more water. 3. Install everything shown~on the plan, with several substitutions approved by Ms. Davila. -12- 4/11/90 Dr. Alperin stated he attended that CAB Meeting and got the feeling that it was an assumption, opposed to a fact, that these land- scape materials would not survive. Mr. Oliver stated the Royal Palm trees require more water and if South County is placed on Phase II of the water restrictions, some of them may die and they are very expensive trees. Ms. McCarty moved to approve the installation of the landscap- ing for the South County Courthouse Complex as per planned, recognizing that it will be something less than Florida No. 1, brown fronds, maybe some substitutions with staff approval and if the petitioner needs to come back, depending on the situation with the water, he is free to do so, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. 26. Annual Soft Drink Vending Machine Contract. The Commission is to approve Plan A or Plan B of the annual soft drink vending machine contract and award bid to Pepsi Cola Bottling Company. Plan A is recommended. Interim City Manager Barcinski stated there are two plans; Plan A will bring into the City approximately $6,500 in revenue and leaves the employee with a cost of $.35 cents a soda; Plan B will bring into the City approximately $15,500, but would raise the employee soda cost to $.50 cents. Both plans project about $10,000 for promotional mater- ials for Parks and Recreation. Ms. McCarty stated she feels differently than staff and would go with the $.50 cent soda to get additional income to pay for an employee or insurance for some employee and she would go with Plan B. Mr. Randolph stated he would also support the effort in Plan B. Dr. Alperin stated he would go with Plan B. Mayor Lynch stated he would have gone with Plan A, basically for the benefit of the employees. Ms. McCarty moved to approve Plan B, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. 26.A. Authorization to Submit A Grant Application. The Commission is to consider authorizing staff to submit an application to the Historic Preservation Trust for funding in the amount of $20,000 for Fiscal Year 1990/91. This is a 50/50 grant match program with funding being used for the development of streetscape and other improvements in the Bank- er's Row (Pineapple Grove) area. Matching funds are available in the Planning and Zoning Department's budget. Approval is recommended. The Interim City Manager stated this is a $20,000 grant with basically an in-kind match, which means in-kind staff as well as some in-kind budget money from the Finance Department's budget. Mr. Kovacs stated this is a Banker's Row grant application to the Historic Preservation assistance program from the State. This shows the location and the specific study area of First Avenue between Second and Third Streets. The idea came from Clemmer Mayhew and members of the Historic Preservation Board. The P&Z office wrote the proposal with the assistance of the Grant Administrator and it was distributed to the people who are doing the brainstorming. The three important aspects of this are the scope and approach, the impact on the work program and the chances of it getting done. The approach being taken is a linkage between Historic Preservation and Neighborhood Planning, using the Historic Preservation as the linkage towards the stability of this block area in which there will be changes to the traffic circulation system, dependence on the automobile, providing pedestrian linkages, opening up the use of the alleys and also using the historic buildings for readap- tive use. In the Comp Plan, when a grant comes before the City Commis- sion, staff should address two guidelines; the first being, is this -13- 4/11/90 project in the Comp Plan in some manner or is the City just chasing a grant. The philosophy statement in the Comp Plan is 'we don't chase Grants'. When a grant is pursued, the cost of doing that grant and implementing it will displace other activities. The Neighborhood Planning function will be working on this project next year. Also, in the plan, if a project gets money from an outside source, in the form of a grant, donation, etc., that is a reason for increasing its priority. Not much money is available and there are a lot of applications. It is highly competitive and the plan is to go with the uniqueness of a project to carry the weight. Letters of endorsement have been received from elected representatives and influential persons in the community, elected people, etc., because of the actions of Kathy Daley and Doug Randolph. Mr. Kovacs advised the City is not lobbying the legislature for this project. This project is in competition with other grant applica- tions that are competing for the State's Historic Preservation Grant in aid money. The projects are selected by a State Committee in June, the list of projects are ranked in July and the funding depends on how much the State Legislature allocates to the program. Ms. McCarty commented that this appears to be the same process the City went through for Old School Square. Mr. Kovacs advised the same process was used for the $25,000 grant but not the $400,000 grant. Ms. McCarty stated, for all grants, lobbying did take place to get every cent out of Tallahassee, not the Legislature. She also feels when those grants are being reviewed, there should be some City representation there to present the City's case. Cathy Dickinson, a member of the Grant Selection Committee, stated the Mayor of Boca Raton and a Commis- sioner recently went to Tallahassee and spoke before the Board with a project that was in question, made a very good case and their particular project was then placed into the grant situation. Upon question by Mr. Andrews, Mr. Kovacs stated the City is buying into a program which will have done all the inventory and made recommendations for the investments into the streetscape and in the private properties. There is no specific design as yet, only concepts such as removing automobiles from the street by using some parcels as a parking lot, alley improvement to eliminate vehicular parking traffic coming off the street, public landscaping between the sidewalks and the street system, going into the Atlantic Avenue streetscapes, etc., including price tags for those levels of improvements and the manner in which they can be achieved. Mr. Andrews expressed the feeling that, if that area is to be residential, some of the streets should be closed off and cul-de-sacs should be made in order to make a more livable environ- ment. Mr. Kovacs agreed that often these projects get out of hand and suddenly someone appears and makes a request for a large amount of money to implement the plan. There is no guaranteed improvement funding for public improvements. For this project, the money from the State would not be available until the next fiscal year. Mr. Randolph questioned, if the City should not receive any of this money, is the City in serious trouble making it necessary to take a bulldozer to some of these places. Mr. Kovacs stated the Board is very active and very positive in their endeavor and it is felt that, to ignore this, would create a problem like Mr. Randolph has just mentioned. Dr. Alperin questioned if this has cost between $7,000 and $14,000 to make an amendment to the Comprehensive Plan. Mr. Kovacs stated that is correct; for a private person to make an amendment to the Comp Plan, it now costs over $1,000 in application fees. The City pays over $800 each for advertising of a Comp Plan Amendment and those ads must be run twice, along with a lot of paperwork and the manpower comes from the P&Z Department. Dr. Alperin questioned, if the City decided to make an amendment, opposed to a private person, what the cost would be. Mr. Kovacs stated it is in the P&Z budget to allow two amendments a year. Ms. McCarty moved for approval to authorize the grant applica- tion, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. -14- 4/11/90 Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 26.B. Approval of Engineering Study. The Commission is to authorize Post, Buckley, Schuh and Jernigan to perform an engineering study, to be used as the official engineering report for the "Bond Statement" re- quired for the proposed $8 million dollar Water and Sewer Revenue Bond. The estimated cost of this study is $14,000, with funding available in the 1984 Water and Sewer Revenue Bond Contingency (Account No. 441-5162-536-60.48). Approval is recommended. The Interim City Manager advised this is needed for the Water and Sewer Bond and for the short term financing for the sewer plant. There was a meeting held today and staff will be bringing a recommenda- tion to the Commission on Monday. Mayor Lynch commented that it appears the City has a number of engineering consulting firms and questioned, if those could be consol- idated into one firm, would the City save some money. The Interim City Manager stated Post, Buckley was put under contract for a water and sewer project some time ago for general type engineering relating to water and sewer, but the City goes out for bids when there is a large or specialized project. In the utility side, it pays to go with the specialists on water and sewer, depending on background and experience. Ms. McCarty moved for approval of contracting with Post, Buckley, Schuh and Jernigan, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 27. Addendum No. 6 to the Contract between the City and CH2M Hill. The Commission is to consider approval of Addendum No. 6 to the contract between the City and CH2M Hill for bidding, construction and engineering services on the chemical and fuel containment structures at the 20 Series Wellfield site in the amount of $94,700, with funding from 1984 Water and Sewer Revenue Bond Wellfield Assessment and Remediation (new Account No. 441-5162-536-XXXX). Approval is recommended. 28. Change of Funding Source. The Commission is to consider approving a change in the funding source for Bid No. 89-95 Radio Teleme- try and Data Logging System from Water and Sewer Capital Outlay (Account No. 441-5161-536-64.05) to 1984 Water and Sewer Construction - Radio Telemetry and Data Logging (new Account No. 441-5162-536-60.XX). Approval is recommended. 29. Water and Sewer Interconnect. The Commission is to consider approval of an emergency interconnect between the City and Palm Beach County to provide for a potable water supply in the event of an emerg- ency. Funding is available in the 1984 Water and Sewer Revenue Bond - Emergency Interconnect (new Account No. 441-5162-536-XXXX). Approval is recommended. 30. Emergency Fire Services Mutual Aid Agreement. The Commission is to consider approval of the renewal of an existing mutual aid agree- ment for emergency fire services between the City and Boynton Beach. Approval is recommended. 31. Emergency Fire Services Mutual Aid Agreement. The Commission is to consider approval of the mutual aid agreement for emergency fire services between the City and Lake Worth. Approval is recommended. 32. Emergency Fire Services Mutual Aid Agreement. The Commission is to consider approval of the mutual aid agreement for emergency fire services between the City and Deerfield Beach. Approval is recommended. -15- 4/11/90 33. Funding Source for City Manager Recruitment. The Commission is to consider approval of the use of funds from the City Commission Contingency to fund expenses incurred during the recruitment of City Manager candidates. 34. Moved to Regular Agenda as Item No. 26.A. 35. Request for Dock Variance. The Commission is to consider a request from property owner at 711 S.E. 3rd Street for a variance to construct a dock 42 feet into the Intracoastal Waterway. City Code allows construction up to a maximum of five feet into a waterway. Approval is recommended. 36. Resolution No. 34-90. Resolution No. 34-90, assessing costs for abatement action required to remove nuisances on 20 properties throughout the City, is before the Commission for consideration. The caption of Resolution No. 34-90 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. 34-90 is on file in the official Resolution Book) 37. Resolution No. 35-90 Resolution No. 35-90, assessing costs for abatement action required to remove junked vehicles on five properties located throughout the City, is before the Commission for consideration. The caption of Resolution No. 35-90 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 COSTS 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. 35-90 is on file in the official Resolution Book) 38. Resolution No. 36-90. Resolution No. 36-90, assessing costs for abatement action required to board up an unsafe structure at 227 N.E. 7th Avenue, is before the Commission for consideration. The caption of Resolution No. 36-90 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 -16- 4/11/90 RESOLUTION, 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. 36-90 is on file in the official Resolution Book) 39. Resolution No. 37-90. Resolution No. 37-90, assessing costs for abatement action required to board up an unsafe structure at 1226 SoW. 22nd Avenue, is before the Commission for consideration. The caption of Resolution No. 37-90 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. 37-90 is on file in the official Resolution Book) 40. Resolution No. 38-90. Resolution No. 38-90, assessing costs for abatement action required to board up an unsafe structure at 130 S.W. 3rd Avenue, is before the Commission for consideration. The caption of Resolution No. 38-90 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. 38-90 is on file in the official Resolution Book) 41. Resolution No. 39-90. Resolution No. 39-90, urging the State Legislature to repeal the Senate amendment to House Bill 30 which nullifies the Florida Inland Navigation District's authority to sponsor or participate financially or otherwise, including through grants, with any local, state or federal agencies within the district. Approval is recommended. The caption of Resolution No. 39-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE FLORIDA STATE LEGISLATURE TO REPEAL THE SENATE AMENDMENT TO HOUSE BILL 30 WHICH NULLIFIES THE FLORIDA INLAND NAVIGATION AND WEST COAST INLAND NAVIGATION DISTRICTS AUTHORITY TO SPONSOR OR PARTICIPATE FINANCIALLY OR OTHERWISE, INCLUDING THROUGH GRANTS, WITH ANY LOCAL, STATE OF FEDERAL AGENCIES LOCATED WITHIN THE DISTRICT. (Copy of Resolution No. 39-90 is on file in the official Resolution Book) -17- 4/11/90 42. Resolution No. 40-90. Resolution No. 40-90, urging the Florida State Legislature to not adopt House Bill 2113, which, if passed, would dramatically increase the Tort liability of Governmental entities under Florida's Sovereign Immunity Statute, F.S. Section 768.28. Approval is recommended. The caption of Resolution No. 40-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE FLORIDA STATE LEGISLATURE TO NOT ADOPT HOUSE BILL 2113, WHICH IF PASSED WOULD DRAMATI- CALLY INCREASE THE TORT LIABILITY OF GOVERNMENTAL ENTI- TIES UNDER FLORIDA'S SOVEREIGN IMMUNITY STATUTE, F.S. SECTION 768.28 BY REMOVING THE PER INCIDENT OR OCCURRENCE LIMIT OF $200,000 AND BY ADDING COSTS, INCLUDING REASON- ABLE ATTORNEY'S FEES, TO THE PER PERSON CLAIM LIMIT OF $100,000. (Copy of Resolution No. 40-90 is on file in the official Resolution Book) 43. Deleted. 43.A. Plant Sale - Project Graduation. The Commission is to consider a request from Atlantic High School to hold a plant sale at the corner of S.E. 10th Street and Federal Highway on April 12-23, 1990, for Project Graduation. The Interim City Manager recommends approval of this special event activity and issuing a temporary business license. 44. Award of Bids and Contracts. A. North Federal Highway Sewer Installation - Public Utili- ties - Southern Pipeline, Inc. for installation of 194 feet of sanitary sewer main, in the amount of $14,000, with funding from Sewer Systems/Mains and Lines (Account No. 441-5161-536-60.66). B. 3/4 Ton Pick-Up Truck - Streets Department - Regency Dodge, Inc. in the amount of $11,026, with funding from Commu- nity Services Road and Street Automotive (Account No. 001-3113-541-60.84). C. Rental Rehabilitation - Community Development Block Grant - to various contractors in the amount of $104,893, with funding from CDBG Housing Rehab (Account No. 118-1975-554-60.23): 126-36 N.W. 2nd Avenue - MJD Construction Svc - $48,853 705 1/2 N.W.3rd Street - MJD Construction Svc - $27,440 702 S.W. 10th Street - Southeast Commercial Construction - $28,600 D. Hydrogen Peroxide System - Public Utilities - Peroxid- ation Systems, Inc. in the amount of $60,000 for the remainder of FY 1989/90 from Water and Sewer - Chemicals (Account No. 441-5142-536-36.18). E. Point of Sale Terminals - Utility Billing - HTE, Inc. in the amount of $14,985, with funding from Water and Sewers - Utility Billing Equipment (Account No. 441-5112-536-60.89). F. Computer Equipment and Software - Engineering Department - to various vendors in the amount of $38,997.85, with funding from Engineering Operating - Capital Outlay (Account No. 001-2911-519-60.86): AC3, Inc. - $29,879.85 IBM, Inc. - $3,934.00 CADD Centers of Florida - $3,415.00 Global Computer - $1,280.00 Businessland, Inc. - $$489.00 -18- 4/11/90 G. 3/4 Ton Suburban Van - Police Department - Dimmit Chevrolet in the amount of $17,819.80, with funding from General Fund (Account No. 001-2115-521-60.84). Dr. Alperin moved for approval of the Consent Agenda, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 45.A.1. Ms. McCarty stated that Mayor Lynch earlier alluded to the Commission being ex-officio or a monitoring board on a casual basis, but to be informed on what is happening and asked when those board assign- ments will be made. Assistant City Attorney Kurtz stated that concept was not well-defined and he suggested the Commission devote some time to this at a workshop. Mayor Lynch recommended that it be placed on the first May Workshop. 45.A.2. Ms. McCarty stated she would like to propose a joint workshop with the City Commission of Boca Raton. There are a number of issues that are similar, schools being one. Mayor Lynch commented that he feels it is a good idea and suggested that Boynton Beach be included also, eliminating the discussion of solid waste. The Commission con- curred to direct staff to schedule a meeting with the three cities with an agenda made up by the City Managers of those cities. The Interim City Manager stated he would contact the two City Managers. 45.A.3. Ms. McCarty stated the newspapers have indicated problems with the Tri Rail and the Delray Beach Depot with regard to financial prob- lems of the landowners. She suggested, with Commission approval, the City Attorney draft a letter for the Mayor to send to Tri Rail, on behalf of the Commission, endorsing the idea that every effort be made to continue to have the Tri Rail stop at Delray Beach so that location will not be lost. The Commission concurred. 45.A.4. Ms. McCarty commented that one of the things that surfaced during the Goal Setting session was the fact that Homeowners Associa- tions have no place to meet that costs less than $50 per meeting. She requested, for those associations who have no facility to meet in, that the Community Center be made available, at no charge, if it is open and there are no scheduled meetings at that time. She also asked about four other neighborhood associations that are working for the same ideas. Mayor Lynch stated he feels the Commission should be the coordinator for Neighborhood Associations, but feels Neighborhood Associations should be defined prior to making this step. Assistant City Attorney Ruby sug- gested the Commission discuss this in a more formal fashion and make a policy decision as to that definition. The Commission concurred to place this on the agenda for the May Workshop. 45.A.5. Ms. McCarty stated the new wing will be opened for Development Services Division at the end of the month and, with Commission approval, she would like to direct the Interim City Manager to place someone in charge of the moving. The Interim City Manager advised that the staff that is affected has already begun coordinating and will be presenting options to his office soon. 45.A.6. Ms. McCarty stated Charlotte Durante approached her recently on Peach Umbrella with a question as to whether or not they would qualify for a grant or could the Commission authorize the Grant Administrator to look into the possibility of grants that may be available. Mayor Lynch stated he feels this should be agendaed as a workshop item, if it is to be discussed. Upon question, Mr. Kovacs commented that Peach Umbrella is not in the Comp Plan, specifically, as the entire area was left to the CRA; but in general, it is. Mayor Lynch stated if the request should come through Frank Spence, Executive Director of CRA, he feels that would be appropriate. 45.A.7. Ms. McCarty commented on the memo regarding a revised tent ordinance. The Interim City Manager stated he has some staff comments he needs to review and he will get with her later as he is not sure there needs to be an ordinance change. -19- 4/11/90 45.A.8. Ms. McCarty stated Ernst and Young has been doing the City audit for a number of years and it is her feeling that it is good practice to change these firms periodically in order to get a fresh look. Before they get started on the next cycle, she feels the Commis- sion might want to entertain looking into other firms. Upon question by Mayor Lynch as to procedure, the Interim City Manager advised that the City usually goes for RFPs. 45.A.9. Mr. Randolph questioned if the City continues to be serviced by the County Transit Authority (Co-Tran). The Interim City Manager stated he has recently seen them but is not familiar with the schedule. Mr. Randolph asked for an update. 45.A.10. Mr. Randolph stated he has received several calls from citizens in the area west of Swinton Avenue and east of 1-95 reporting a inordi- nate amount of gunfire. While he realizes this is difficult to monitor, he would like some action taken to address this problem. 45.A.11. Mr. Andrews stated during a budget hearing some time ago, the Commission was told that the Police Department was being paid time and a half for patrolling Carver Estates. He commented that he does not understand this. 45.A.12. Mr. Andrews commented that he has reviewed the first quarter, or perhaps a little more, and found that 45 percent of the payroll of the Police Department was for time and a half. He questioned if that is a normal amount of overtime compared with other cities. 45.A.13. Mr. Andrews commented that he firmly agrees with changing accountants and, at most, feels that no auditing firm should do more than five consecutive years for the City and make it mandatory to switch. He also requested answers to his payroll questions within two weeks. 45.A.14. Mayor Lynch complimented the staff and all those persons heading committees at the Goal Setting sessions. He was very impressed by the information provided. Once again, he requested that people submit names if they are interested in getting involved and would like to serve on City Boards. 45.B. There were no comments on Non-Agenda Items from the City Attorney. 45.C.1. The Interim City Manager stated the Short Term financing options will be available for the Commission on Monday night as a special agenda item. Mayor Lynch declared the meeting adjourned at 8:41 P.M. City Cier~ / ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of April 11, 1990, whi/~h minutes were formally approved and adopted by the City Commission on ~x'f c~ /~69 / · CitY C~/erk -20- 4/11/90 NOTE TO READER: ~f 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. -21- 4/11/90