Loading...
05-08-90 MAY 8, 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 6:04 P.M., Tuesday, May 8, 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 Assistant City Attorney Jeffrey Kurtz. 2. The opening prayer was delivered by Reverend Ralph Nygard, Barwick Road Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mayor Lynch stated a request was received to remove Item 29. from the Consent Agenda to return at a later date. The Interim City Manager stated Item 6.B. has been added to the Procedural Agenda, Item 10.A. has been added to the First Reading portion, Item 11. of the Regular Agenda was removed on request of the applicant with substitute Item 11. added and Item 32.A. was added to the Consent Agenda. In addition, there are two funding source corrections, one being Item 23., with a code of 441-5123-536-64.21 and the funding code for Item 24. should be 441-5162-536-60.93. Dr. Alperin requested that Item 27. and 33.C. be removed from the Consent Agenda and placed at the end of the Regular Agenda. Mayor Lynch requested that Item 28. be removed from the Consent Agenda and placed at the end of the Regular 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. Mayor. Lynch requested that the Minutes of April 24, 1990, be corrected to reflect the fact that only Proclamation A., "Earth Day", was read. Proclamations C, D, E and F were presented only. Mr. Randolph moved to approve the minutes of the Special Meeting of April 16, 1990 and April 23, 1990 and the minutes of the Regular Meeting of April 24, 1990, as corrected, seconded by Ms. McCarty. 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. 6. Proclamations. A. Mayor Lynch read and presented a proclamation proclaiming the week of May 13 through 19, 1990, as "Historic Preservation Week" Pat Healy-Golembe, Chairman of the Historic Preservation Board, came forward to accept the proclamation. B. Mayor Lynch read and presented a proclamation proclaiming the week of May 14 through 20, 1990, as "Police Week" and May 15, 1990 as "Peace Officer Memorial Day". Chief Kilgore came forward to accept the proclamation. PUBLIC HEARINGS 7. Ordinance No. 72-89. Ordinance No. 72-89, rezoning property located at the southeast corner of Lake Ida and Davis Roads (All American Enterprises, Inc.) from POC (Planned Office Center) to SAD (Specialized Activities District), is before the Commission 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. 72-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN SAD (SPECIAL ACTIVITIES) DISTRICT; SAID LAND BEING A PORTIOM OF LOT 20, IN BLOCK 1, OF DELRAY SHORES SUBDIVISION, AS RECORDED IN PLAT BOOK 24, PAGES 232 AND 233, PALM BEACH COUNTY PUBLIC RECORDS, BEING IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED AT THE SOUTHEAST CORNER OF LAKE IDA ROAD AND DAVIS ROAD; GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL WITH CERTAIN CONDITIONS; AMENDING "ZONING MAP OF DELRAY BEACH, FLORI- DA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 72-89 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Roger Saberson, representing All American Enterprises, stated it is his understanding there is concern relative to three uses that were added at the P&Z level, as follows~ 1) martial arts studio; 2) dance studio; 3) music studio. If the Commission feels there is neigh- borhood concern with regard to the adverse effect this may have on the community, the applicant has no objection to the deletion of those items. The reason this originally came up is that the Child Care Center ordinarily provides these types of activities for their children, usually taking the children offsight. Arthur Jackel, Chairman of The United Property Owners, asked how the law reads with regard to the age of those children attending Day Care Centers as opposed to those attending Child Care Centers. They question the fact that no one is familiar with the reputation of the owner of the proposed Center. They are also concerned, at this time of Second and FINAL Reading, to learn that these three uses are even being considered. Bernie Burkoff, Villas of Rainberry Lakes, stated he lives directly across the street from this strip. He is concerne~ that their quiet community may not be so quiet if the three uses are permitted because of possible night time activities. Michael Weisman, owner, stated he has been a Florida resident for the past 15 years, currently resides in Boca Raton and has been in the Child Care business in the Palm Beach County area for the past 10 years. In 1982 they became an employee benefit of the Boca Raton Hospital. In addition, they are an employee benefit to the group of Delray Hospitals and the West Boca Medical Center Hospitals. They recently won an award to build the first and only Child Care Center at the Kennedy Space Center, now under construction. Their total liability insurance coverage with Nationwide Insurance totals nearly $2 million dollars. At the time the question arose regarding the services the children are offered after 3:00 P.M. when the educational portion of the center is over, it was explained to the P&Z Board that currently all the children interested are bussed to dance lessons, karate classes, aerobics or Spanish classes. Since there will be space available, it was the intent to continue offering these services at this new center without the necessity of bussing them, which is a very vulnerable operation. They do not anticipate having anyone beyond the age of ten -2- 5/8/90 and could see no reason why there would be a concern for a lot of loud noise or carousing while learning to play the piano or guitar. The public hearing was closed. Mr. Andrews commented that he would like to remind everyone that when the business is granted, it is for the life of the building. He feels if the three uses are approved, they should be tied into a school age environment and would not operate beyond 6:00 P.M. Upon question, Mr. Weisman stated, currently, parents are offered the opportunity to leave their children at 6:30 A.M. and to pick them up as late as 6:30 P.M. Dr. Alperin asked for confirmation that there is no time restriction in the current ordinance. Assistant City Attorney Kurtz stated that is correct, with respect to any of the businesses. Dr. Alperin expressed a concern about some of the businesses on the list being more detrimental to the location than a dance studio. He further stated he feels the concept is excellent. Upon question by Dr. Alperin, Assistant City Attorney Kurtz stated if the three uses were deleted now, it would be possible to amend the SAD at a later date to include those. Ms. McCarty stated she has no problem with the additional uses, but feels a time limit should be imposed, being sensitive to the use and to working parents. She would be in favor of the SAD with a 6:30 P.M. time restriction for the three uses as well. Mr. Randolph stated he feels permitting the SAD would improve the appearance of the area with the addition of the child care center. The only problem he has is with the basic food facility that serves alcoholic beverages. Another concern he has is that of delivering the children at 6:30 A.M., which may pose an additional traffic burden in that area. He was hoping to hear from the residents in Delray Shores, but that has not happened. He would be in favor of the SAD with a 6:30 P.M. or even 7:00 P.M. time restriction. Mayor Lynch stated he has no problem with the project, with the exception of the dance and karate, by possibly imposing later hours and the fact that this change could adversely affect living conditions in the neighborhood. He would be in favor of approval with a 6:30 P.M. time restriction. Ms. McCarty moved for approval of the SAD ordinance with a 6:30 A.M. to 6:30 P.M. time restriction, seconded by Dr. Alperin. Upon question by Mr. Andrews, David Kovacs, Director of Plan- ning and Zoning, advised the food store can operate 24 hours a day under the current ordinance. Mr. Saberson stated it is a pre-existing use that was placed on that property as a convenience store and at that time it was legal. It has operated during the current operating hours and, therefore, has achieved the status of a non-conforming use that is now valid. He then asked that the Commission not entertain anything in the nature of changing the hours of operation of the convenience store in connection with this application because his applicant is coming in with an application for the overall property and not specifically related to that food store. Upon question by Mr. Andrews, Assistant City Attorney Kurtz stated in this ordinance, the convenience store can be limited to certain hours. The problem would be that they would be non-conforming with respect to that and would be permitted to operate under their present conditions for so long as they maintained their operation without a lapse for 180 days. Assuming there is a lapse or a change of condition, a future use can be limited. Ms. McCarty amended her motion to include the entire property, with all the listed uses, with all businesses having a limitation on the time they can be open from 6:30 A.M. until 6:30 P.M., Dr. Alperin amended his second. 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. -3- 5/8/90 PUBLIC COMMENTS 8.1. Sam Schwimer, Pines of Delray, stated he is repeating opposi- tion to the plan to close off Lowson Boulevard at Military Trail. The streets are not private and he feels they should not be restricted. Lowson Boulevard is a hurricane escape route and he would like to know if anyone has contacted the Federal Emergency Management. 8.2. Deborah Wright, Member of West Atlantic Property Owners, stated that Frank Spence requested that the Commission consider a request for $2.3 million for the renovation of the Winn Dixie Building for a commu- nity college. She is asking the Commission to keep in mind that Carver Middle School is currently prepared for some type of education to take place. 8.3. Marjorie Ramsey, former employee, stated she and her husband are having financial problems because of the two insurance increases imposed by the City within the past six months. She is asking what the City plans to do to help alleviate the retirees who are in a position such as theirs. Mayor Lynch stated tonight the Commission is establish- ing an insurance committee to review this and an answer should be available within a month. FIRST READINGS 9. Ordinance No. 17-90. Ordinance No. 17-90, designating the "Scott House" located at 19 Andrews Avenue as an Historic site for entry into the Local Registry for Historic Places, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held May 22nd. The Interim City Manager presented Ordinance No. 17-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE PROPERTY KNOWN AS THE SCOTT HOUSE LOCATED AT 19 ANDREWS AVENUE, WHICH IS MORE PARTICULARLY DESCRIBED AS THE NORTH 50 FEET OF THE WEST 110 FEET OF THE SOUTH 100 FEET, LESS THE WEST 10 FEET OF BEACH LOT 15, SUBDIVISION OF THE FRACTIONAL EAST HALF OF SECTION 16, TOWNSHIP 46 SOUTM, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, AS A LOCAL HISTORIC SITE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN OVERLAY MANNER, SAID DESIGNATION; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 17-90 on First Reading, seconded by Dr. Alperin. 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. 10. Ordinance No. 18-90. Ordinance No. 18-90, amending the dis- ability provisions of the Police and Firefighter Pension system to provide that disability benefits shall be reduced by workers' compensa- tion benefits to the extent such benefits, when added to the member's disability retirement benefit, exceed the member's average monthly earnings on the date of disability, is before the Commission for consid- eration on First Reading. If passed, Public Hearing will be held May 22nd. The Interim City Manager presented Ordinance No. 18-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.62, "BENE- FIT AMOUNTS AND ELIGIBILITY", SUBSECTION (E), "DISABILITY RETIREMENT PROVISIONS", SUBSECTIONS (5) AND (7), TO PROVIDE THAT DISABILITY BENEFITS SHALL BE REDUCED BY -4- 5/8/90 WORKERS' COMPENSATION BENEFITS TO THE EXTENT SUCH BENE- FITS WHEN ADDED TO THE MEMBER'S DISABILITY RETIREMENT BENEFIT FROM THE SYSTEM EXCEED THE MEMBER'S AVERAGE MONTHLY EARNINGS ON THE DATE OF DISABILITY; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 18-90 on First Reading, 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. 10.A. Ordinance No. 19-90. Ordinance No. 19-90, amending the Code of Ordinances to allow directional signs for streets to be located on rights-of-way within a residential subdivision describing the internal street system of the residential subdivision, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held May 22nd. The Interim City Manager presented Ordinance No. 19-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 15, "BUILDING REGULA- TIONS'', CHAPTER 162, "SIGNS AND BILLBOARDS", SECTION 162.040, "DIRECTIONAL SIGNS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSEC- TION 162.040(A), TO CLARIFY THAT DIRECTIONAL SIGNS REFERRED TO IN OUR OFF-PREMISE SIGNS BY REPEALING SUBSEC- TION (C), BY ENACTING A NEW SUBSECTION (C) TO PERMIT DIRECTIONAL SIGNS WITHIN RESIDENTIAL SUBDIVISIONS AND DEFINING CRITERIA THEREOF; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 19-90 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. Ms. McCarty moved to amend the Regular Agenda by moving Items 20 and 19, in that order, as the first two items for consideration, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 20. Revocation of a Building Permit. The Commission is to consider a request from the Pelican Harbor Homeowners Association to revoke a building permit issued to allow the construction of finger docks. The Interim City Manager stated the City received a request from the Pelican Harbor Homeowners Association to revoke or stop work on a Building Permit issued to Steve Smilack for a boat dock. Based on his investigation with staff and the City Attorney, he feels the permit was issued in accordance with legality and technicality. Bill Magerkurth, President of the Pelican Harbor Homeowners Association, stated the community is concerned about the permit issued for the construction of eight docks behind the Slizyk townhouse. The residents feel this constitutes a commercial venture, will have an adverse effect on the security structure and will create a parking problem. He presented a diagram, along with copies of three letters, to each Commissioner in order for them to better understand the situation. They are currently in litigation due to trespassing on common ground for construction purposes and removing the security fence. Upon being -5- 5/8190 denied access, Ms. Slizyk filed a "Motion for Injunctive Relief" to access her property, which was denied by the Court. Mr. Magerkurth advised in 1988 the City sent a letter to Steve Smilack informing him that, since his parcel is landlocked, it will be necessary to obtain permission from the Pelican Harbor Homeowners Association in order to gain access to the parcel prior to getting a building permit for any construction. This right of access has never been approved. They are requesting the Commission to take corrective action to prevent the construction of these docks before any further damage is done to their community. Ernie Friedman, Director of Pelican Harbor Homeowners Associa- tion, stated he feels the problem began when Ms. Slizyk requested a Variance for this property and three property owners were omitted from the list of names to receive a notice of the hearing. Unfortunately, all three of these property owners object to this and would have been present at the hearing if they had been noticed. Upon receipt of Mr. Barcinski's letter, it was his understanding that an owner of a townhome has permission to build "a" dock behind their home without providing parking. Even if the docks are restricted to residents of Pelican Harbor, there is not one designated parking space. Gordon Stanley, representing the GCL Corporation and Captain's Walk Condominium Association, which directly abuts this project, com- mented they received no notification of the Variance previously men- tioned. Dennis Stewart, attorney for Steve Smilack, advised that Mr. Smilack received no notice of this meeting until this afternoon and he feels that is highly irregular. It is Mr. Smilack's intention that only unit owners or their tenants will be able to use these docks. Mayor Lynch asked the location of the restriction that states Mr. Smilack and other unit owners or their tenants that live there be allowed to cross a triangular piece of property. Mr. Stewart advised there is a Declara- tion of Boat Slip Owners which has been sent to the City, requested by the South Florida Water Management District, and it is in the permit obtained from the City. Steve Smilack, Ms. Slizyk's husband, stated the current permits would be revoked if persons other than residents of Pelican Harbor were permitted to use the boat slips. Upon question by Mayor Lynch, Mr. Stewart advised if a person moves from the apartment, they are no longer entitled to use that boat slip and that, too, is in the permit. Assistant City Attorney Kurtz stated, to his knowledge, the City is not aware of any association use or yacht club that seems to be under discussion with the restrictions. The property is zoned PRD-7 and under this zoning category, boat docks are allowed as an accessory use to a single family residence. There is no limitation of one dock per property in Chapter 154 of the Code, but rather one dock for each 100 feet along the waterway. Otherwise, there is no limit to the number, so long as the setback of 25 feet is maintained to either adjacent proper- ty. However, no type of yacht club or any kind of commercial venture can be established. If a person was to receive compensation for the use of the property, that would be defined as a commercial venture and would not be permitted. In the current City Code this type of Variance, dealing with boat docks, does not require any notice to adjacent proper- ty owners within 300 feet. As has been indicated, this particular piece of property is not within the plat and it will be necessary to obtain a unity of title for the property between the townhouses and the boat docks and could never be transferred separate and apart from the town- house. With respect to parking, the City has no position on this and it becomes a matter for the Circuit Court. Gates Castle, City Engineer, stated he has the permit applica- tion, the request for the Variance, the certified letters that were sent to Captain's Walk Association and the South Florida Water Management District, who are the adjacent property owners. This was presented to the Commission and approved. -6- 5/8/90 Upon question by Mayor Lynch if the owner is planning to allow these docks to be used by the residents, free of charge, Mr. Stewart advised they will become part of an association, the only obligation being the upkeep of the association on a monthly basis. Mayor Lynch requested information relative to the Unity of Title. Assistant City Attorney Kurtz advised that, after speaking with Jerry Sanzone, Chief Building Official, a Unity of Title will be re- quired prior to issuing a Certificate of Occupancy. Upon question by Ms. McCarty, Assistant City Attorney Kurtz stated it is possible that the permit was issued with no knowledge that the docks were to be used for part of an association, as that is not necessarily a requirement. He further stated that he feels, with the information Mr. Smilack has received, he will be in contact with the City with regard to the use. He advised there is nothing the City can do until the Code has actually been violated. Mr. Stewart assured the Commission that they will work with the City and no Codes will be violated. Assistant City Attorney Kurtz stated the Commission can take no action at this time and, upon further discussion with the applicant, feels this can be better addressed as to whether or not this is permis- sible within the zoning classification or if an amendment to the zoning on that property would be necessary. Mayor Lynch requested that staff review the application to make sure there was nothing misstated or represented, insist on a Unity of Title immediately and look at the Code in general; because if a person is allowed to build eight docks, he feels there is something wrong with the Code. Mr. Randolph stated he is concerned that a building permit was issued and the residents of Pelican Harbor had no means of objecting and that, too, should be reviewed. Assistant City Attorney Kurtz advised that an ordinance amending that particular section and requiring public notice of the variances can be brought before the Commission in short order. The Commission concurred. Mayor Lynch declared a recess the time being 7:43 P.M. The meeting reconvened at 7:47 P.M. 19. Waiver to Definition of Family. The Commission is to consider a request from the Heights Foundation for a waiver of Ordinance No. 91-88, Definition of Family, to permit five unrelated people to reside at 344 Palm Trail. The Interim City Manager stated a request has been received to waive the definition of family for the purpose of utilizing this facili- ty for an organization called "Opus Dei". Mayor Lynch asked, if the Commission grants this variance and at some later time there is a change, is it possible for the Commission to change the granting of the variance. Assistant City Attorney Kurtz advised that cannot be done as this variance is for the number of people, the relationship of those people and the length of time they live in the single family residence. If there is a change, for example the addition of another person, it would be necessary to change the variance. Ms. McCarty questioned the legitimacy by the Code as a congre- gate living facility in a single family zoned neighborhood. David Kovacs, Planning Director, stated the City has ACLF's defined in the City Code and they are allowed in other than the single family zoning districts. Group homes are defined in the Code and two classifications of group homes are allowed as a conditional use in the single family districts. Those same two, plus four other definitions of group homes, are allowed in other more intense districts. Abused spouse facilities are not allowed in the single family districts, but in the low density multiple family districts. Rectories, Convents, etc. are their own use, -7- 5/8/90 such as part of a church use and the ancillary of a church use. They can also go under the CF (Community Facilities) zoning. Ms. McCarty expressed concern in allowing adult women to live together, since abused spouse facilities are not allowed, the type of precedent being set and a concern for the single family neighborhood it is located in. Mr. Saberson, representing the applicant, commented the defini- tion of family that is at issue here is three unrelated people; there are five unrelated people living there now. Without the grant of a waiver, they would be at variance from the existence of single family definition. The Variance request was for five unrelated people so long as the Heights Foundation, which is a tax exempt religious foundation, owns the home. Once they convey title the Variance would terminate, unless it was conveyed to a similar tax-exempt religious foundation. The home in question is a five bedroom, three bath home and more than ample in size to accommodate the people living there. Ms. McCarty reiterated her position that she feels group homes are not appropriate in single family zoned neighborhoods and perhaps this group would be appropriate in a medium density or an appropriately zoned neighborhood. Dr. Alperin asked for confirmation that this is an allowable use. Assistant City Attorney Kurtz advised that it is, if a variance is granted. Allowed in that neighborhood is a single family living in a residence. If family is defined as being five unrelated people, which can be done pursuant to the variance procedure that is established, those five people constitute a family. Mr. Randolph commented that many of the people the ordinance was designed to take care of did not own homes. He does not care for it and feels it will do nothing but get the City in trouble. Mr. Andrews stated, at this time, he is not prepared to judge the ramifications of broadening this ordinance. He feels all the neighborhoods with like circumstances should be looked at. Dr. Alperin stated he feels the ordinances have variances established within them in order to handle certain situations. As he understands it, this variance can be issued for the purpose of a hard- ship. Assistant City Attorney Kurtz advised "hardship" is undefined. Dr. Alperin commented, if he understands correctly, it is strictly up to the interpretation of the Commission. Ms. McCarty stated this was intentional when the ordinance was drafted, so each case could be dealt with on an individual basis and not confine anyone to a specific hardship. Dr. Alperin stated he would like to hear the hardship that would result from not having this variance granted. Mr. Saberson stated it was indicated in the application that these individuals have lived there for some time, they interact, live like a family, use the home that way, share their meals like a family and conduct recreational activities like reading, watching TV, etc. in the common areas of the home. They each have their own bedroom and there is financial interdependence between them. Some members work to support others and they would experience economic hardship in the event that the application was not granted. Mayor Lynch stated he feels the purpose of the ordinance was to purposely avoid the deterioration of neighborhoods that would be caused by sanitary problems, congestion or safety problems. These five people live in his neighborhood, have repaired the house, are excellent neigh- bors with cars parked in proper spaces and he feels variances are made for people such as this. He feels they are an asset to the community. Mr. Andrews stated he would like to make a decision based on a proper set of guidelines that do not allow for a deteriorating situa- tion. He would like to have the methodology in place to ensure that the Commission will not create something that will transfer to a situation that he would be unable to support. -8- 5~8~90 Mayor Lynch asked if this situation could be deferred until August, at which time it will be discussed by the Neighborhood Task Force and the "Family" ordinance will be reviewed by the Commission. Mr. Saberson commented it was scheduled for the Code Enforcement Board today, but deferred, pending City Commission action. Assistant City Attorney Kurtz explained this is common practice, when there is a variance situation that may cure a Code deficiency, that the Code Enforcement Board wait until action from the Variance Board. Mayor Lynch asked, as an alternative, if a variance can be granted subject to review of the "Family" ordinance. Assistant City Attorney Kurtz sug- gested, if this is acceptable to the applicant, that direction can be given through the City Manager to the Code Enforcement staff that they not prosecute this matter before the Code Enforcement Board until such time as the Commission has had time to fully review the situation. Barbara Spencer, one of the applicants, spoke briefly to the Commission urging them to consider granting the waiver. Gertrude Green, resident, spoke in opposition of granting the variance. Betty Tomelleri and Louise Stebbins, residents, spoke in favor of granting the variance. At this time, Mayor Lynch passed the gavel to Vice-Mayor McCarty in order to make a motion. Mr. Lynch moved for approval of the variance, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mr. Lynch - Yes; Vice-Mayor McCarty - No; Dr. Alperin - No; Mr. Andrews - Yes. Said motion passed with a 3 to 2 vote. 11. Conditional Use Approval. (Personal Growth) - Removed at Request of Applicant. 11. Authorization to Submit Offer of Judgement. The Commission is to consider authorizing the City Attorney's office to submit an offer of judgement in the amount of $7,000,000 to settle City vs. Aero-Dri et al litigation. Approval is recommended. Assistant City Attorney Kurtz stated the request is for author- ity to enter an offer of judgement in this case in the amount of $7,000,000. The case is scheduled for trial May 21st and the defendants are trying to get this matter continued. Any offer of judgement that the City would put in place would not have a significant effect on the case if it is tried on this date. However, there are benefits to having the offer of judgement if the case is continued. It is felt that the $7,000,000 is an acceptable settlement to the City. They will be attending mediation on the llth and, if they have the authority, they can transmit to the defendants their authority to accept the $7,000,000. Dr. Alperin moved for authorization to submit an offer of $7,000,000, 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. 12. Donation of Funding to the Delray Beach Historical Society. The Commission is to consider the approval of the Historic Preservation Board's recommendation to donate $500 from their Reserve Account (No. 001-0000-248-0900) to the Delray Beach Historical Society. Approval is recommended. The Interim City Manager stated this Reserve Account is where they receive donations and it is under control of the City. Previous Commissions have required that, before the Board can spend any of that donated money, an approval from the Commission is necessary. Ms. McCarty asked for confirmation that this is a situation wherein the Historical Society contributed money to the Historic Preser- vation Board efforts and now the Historic Preservation Board is return- ing the favor by giving back some of the money that was originally donated. The Interim City Manager confirmed this and advised it is for the purpose of the Legend's exhibit. Ms. McCarty questioned if the -9- 5/8/90 Legend's exhibit is different from other exhibits, or does the City contribute to every exhibit. Joan Peart, President of the Historical Society, stated this is different from the previous exhibit and the first time the City has given money. It is her understanding that the Historical Society gave the Historic Preservation Board seed money and this is their way of initiating a return of that money. Ms. McCarty moved to donate $500 to the Historical Society, 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. 13. Award of Bid and Allocation of Interest Money. The Commission is to consider awarding a contract for Fire Station No. 2 to Pioneer Construction Company in the amount of $1,005,879 and allocating funding from the 1987 Utility Tax Bond (Account No. 333-2311-522-60.31/- $421,764), 1989 Note Construction Bond (Account No. 340-2313-522-60.31/- $447,610), and 1987 Utility Tax Bond Interest (Account No. 333-0000-301-33.00/$136,505). Approval is recommended. Ms. McCarty questioned if the Utility Tax Bond Interest is money that comes from the surplus. The Interim City Manager stated the money in the 1987 Bond has been invested and, until such time it is used, that money will draw interest and that interest can be used for any of the projects within that original Utility Tax Bond program. Ms. McCarty commented that, while the City is chipping away at this inter- est, she would like to see a statement showing the current interest on that Bond, the amount of each expenditure and the balance remaining. The Interim City Manager advised the current balance in that account is $299,000, so $136,000 would be taken out. Mayor Lynch stated he feels that is a good request and asked that the total balance be supplied in the future. Dr. Alperin questioned the initial purpose of issuing the 1987 Tax Bond. The Interim City Manager stated it was for the Fire Station, Beautification, CRA acquisition of the Courthouse land and City Hall expansion. A representative of Falkav, Inc. stated they were the low bidder on the base bid with Pioneer Construction being quite a bit higher. It is his feeling, that in awarding Alternate No. 2 for a mezzanine, an extra $65,000 is being expended on an item that is really worth $20,000 due to the fact that a clerical error was made on the initial bid for Alternate No. 2, by Falkav, Inc., resulting in a higher bid. Mayor Lynch stated this was discussed at the last meeting when the alternates were put together. In so doing, the second bid came out lower, even though it was mentioned by the architect that Falkav, Inc. felt there was an error in the bid. Unfortunately, once the bids are submitted, no changes can be allowed. Ms. McCarty moved to award the bid to Pioneer Construction Company including all the alternatives agreed to per the backup materi- al, and the financing to go with it, 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. 14. Appointment of an Insurance Task Team. The Commission is to consider appointing a Task Team to review and make recommendations regarding Employee Health Insurance rates, alternatives and options. Approval is recommended. The Interim City Manager stated this item was requested by the Commission because they indicated there are individuals who might like to serve on this task team. Mr. Randolph submitted the names of Elivia Maclean and Woodrow Lockett. Mayor Lynch submitted the names of Charles Gwynn and John -10- 5/8/90 Witmer. Ms. McCarty submitted the name of Albert Travasos. Mr. Andrews and Dr. Alperin had no names to submit at this time. Mayor Lynch requested that the Interim City Manager contact the people to make sure they can serve on this team, supply them with the backup for the loss ratios, health insurance costs, etc. over the past three years and help to schedule a meeting with the understanding that the Commission would like some sort of reply within thirty days. Ms. McCarty moved for approval of the submitted names and a request for them to return with a report within thirty days, if possi- ble, seconded by Mr. Randolph. 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. Approval of Appointment and Terms of Employment for City Attorney. The Commission is to consider approval of the appointment of Jeffrey Kurtz as City Attorney and approval of the terms of employment. Approval is recommended. The Interim City Manager stated at the last workshop meeting the Commission discussed the appointment of Jeffrey Kurtz under certain terms and conditions. Those conditions were outlined in a memo in the Commission packet and the appointment will be retroactive to the day City Attorney Thiele left, starting the 28th of April, 1990. Ms. McCarty moved to approve the appointment of Jeffrey Kurtz for City Attorney per the conditions of the memo, seconded by Mr. Randolph. 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. Reclassification of Assistant City Attorney Position. The City Attorney stated this is a reclassification of Susan Ruby from Assistant City Attorney I to Assistant City Attorney II and a commensurate raise in salary. It is outlined in the memo and will be retroactive to the 28th of April. Dr. Alperin moved to approve the reclassification of Susan A. Ruby to Assistant City Attorney II, retroactive to April 28th, 1990, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 17. Reappr0priation of 1988-89 Unencumbered Community Development Block Grant Funds. The Commission is to consider authorizing the carry forward of $290,400 in unencumbered funds from 1988-89 Community Devel- opment Block Grant funds. This amount would be carried forward, making the 1989-90 Community Development Block Grant's revised budget a total amount of $831.980. The unencumbered 1988-90 funds will be distributed as follows: Administration $ 8,942 Demolition and Clearance 1,850 Recreation Improvements 2,964 Contingency 3,756 Housing Rehabilitation 131,103' Land Development Low/Medium Housing 109,779 Rental Rehabilitation 32,006 *Includes an adjustment of $16,174 from prior grant years. Approval is recommended. Ms. McCarty moved for approval, 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. -11- 5/8/90 18. City Hall Expansion. The Commission is to consider allocating $17,601.44 from the Unallocated Interest Earnings on the 1987 Utility Tax Bond Issue to cover miscellaneous expenses incurred in conjunction with the City Hall expansion project. Approval is recommended. The Interim City Manager stated this item was brought forward by the City Engineer to explain the cost of setting up the trailer that houses the Planning Department in the amount of $17,601.44. These expenses were incurred from the unallocated interest earnings on the tax issue and the request is that those expenses be approved in the funding from that interest account. Upon question by Mr. Randolph, the Interim City Manager advised he did not know how it occurred, but it was not part of the contract or the budgeted amount as the project was set up. Dr. Alperin moved to approve allocation of the appropriate funds, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 27. Water Service Agreement. The Commission is to consider approv- al of a water service agreement between the City and Service Station, Inc., new owners of the Gulf Station located on the southwest corner of West Atlantic Avenue and Military Trail. Approval is recommended. Dr. Alperin asked if this property is adjacent to the City limits. Mr. Kovacs advised this property was not adjacent to the City limits at the time the first water service agreement was executed and they were not obliged to be annexed at that time. The City would not like to cross Military Trail at this time, without taking in the entire shopping center. This could possibly take place in the fall or winter of next year. Dr. Alperin stated that the same question applies to Item 33.C., if that could be discussed at this time. Mr. Kovacs stated, at this time, there are three individual lots coming on line within Country Club Acres, which are on the east side of Atlantic Avenue. It is not the plan to annex individual parcels of property in a residential subdivision, but the entire subdivision. The Interim City Manager advised this was where the contaminated wells were located and a request was received from the State. Upon question by Dr. Alperin, the Interim City Manager stated $37,000 or $38,000 is being funded by the State and the remaining $14,000 will be funded by the City in anticipation that those costs will be recouped when annexation occurs. Dr. Alperin moved for approval of the water service agreement for the Gulf Station, seconded by Ms. McCarty. 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. 28. Final Plat Approval. The Commission is to consider approval of a final plat for Ocean Crest Condominiums, a 16-unit condominium complex to be located on the east side of State Road A1A, south of Linton Boulevard between Bermuda High South and Costa Del Ray North condomini- ums. Approval is recommended, subject to the following conditions: 1. Receipt of appropriate financial guarantee for public improvements. Mayor Lynch stated he has a problem with this because it is a condominium to be built on the ocean between two existing buildings. He received a call from one of the residents complaining about the con- struction at 7:00 A.M. on a Sunday morning. He questioned if the City has any restrictions relative to when construction can begin. The City Attorney advised the City has noise restrictions. Ms. McCarty asked if a restriction relative to time can be added to the existing ordinance. Mayor Lynch asked if it would be done on this particular property. The City Attorney stated it would be a general -12- 5/8/90 ordinance, not specific to this property; however, it would apply to this property. Mayor Lynch commented that he would like to see this on an upcoming agenda, along with staff recommendations. Mr. Randolph moved to approve the final plat for Ocean Crest Condominium complex, subject to the condition, seconded by Ms. McCarty. 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. 33.C. Award of Bids and Contracts - Water Main Installation. The Commission is to consider approval of a water main installation at Country Club Acres by A.OoB. Underground, Inc. in the amount of $52,475.40 with funding from Water and Sewer/Sewer Systems, Mains and Lines (Account No. 441-5141-536-60.66). Dr. Alperin moved for approval of water main extensions for Country Club Acres, seconded by Ms. McCarty. Upon roll call the Commis- sion 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. 32.A. Authorization to Submit an Application for Summer Food Program. The Commission is to consider authorizing staff to submit an application to the Department of Education requesting free lunches for summer camp program attendees. Ms. McCarty moved for approval, 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. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 21. Request for Final Payment. The Commission is to consider authorizing final payment in the amount of $13,868.17 to Charles S. Whiteside, Inc. for completion of Atlantic Avenue Phase II construction, with funding available in the 1989 Construction Fund - East Atlantic Avenue Phase II (Account No. 340-4143-570-60.69). Approval is recom- mended. 22. Extension of Contract. The Commission is to consider approval of a one year extension of a contract with America's Pros for mainte- nance of landscaping on Linton and Homewood Boulevards, with conditions of the contract being the same as that previously approved and in the amount of $32,560 (an increase of $2,150) with funding from Beautifica- tion Trust Fund Repair and Upkeep (Account No. 119-4151-572-33.39). Approval is recommended. 23. Change Order No. 4 - N.E. 1st Street Drainage Project. The Commission is to consider a Change Order for the restoration of pavement on N.E. 4th Avenue from Atlantic Avenue to N.E. 2nd Street in the amount of $13,840.55, an addition to the N.E. 1st Street project for the purpose of expediency, with funding available in Water and Sewer - N.E. 4th Avenue Water Line Extension (Account No. 441-5123-536-64.21). Approval is recommended. 24. ~pproval of Contract Between the City and Post, Buckle¥, Schuh and Jernigan (PBS&J). The Commission is to consider approval of a contract between the City and PBS&J for architectural enhancements to the North Water Plant/Storage Tank in the amount of $16,000 with funding from Water - N.E. 4th Avenue Water Line Extension (Account No. 441-5162-536-60.93). Approval is recommended. 25. Approval of Contract Between the City and Post, Buckle¥, Schuh and Jernigan (PBS&J). The Commission is to consider approval of a contract between the City and PBS&J for engineering services related to the replacement of the Master Wastewater Pump Station at Veteran's Park in the amount of $156,450 with funding from 1984 Water and Sewer -13- 5/8/90 Contingency Account with reimbursement from the 1990 Water and Sewer Revenue Bond Issue or Line of Credit. 26. Approval of Contract Between the City and Post, Buckley, Schuh and Jernigan (PBS&J). The Commission is to consider approval of a contract between the City and PBS&J for engineering services relating to the repair of the Elevated Storage Tank in the amount of $20,554 with funding from Water and Sewer Capital - Building (Account No. 441-5161-536-60.31). Approval is recommended. 29. Final Plat Approval. The Commission is to consider approval of a final plat for a replat of Old Harbor Square located on the northeast corner of Federal Highway and Linton Boulevard. The Commission had previously approved a final plat for this property; however, a recent change in ownership necessitated a need to divide interest in this project. Approval is recommended, subject to the following condition: 1. Receipt of appropriate financial guarantee for public improvements and that the ingress/egress easement be recorded concurrent with recordation of the plat. 30. Temporary Tent Permit. The Commission is to consider approval of a request from the National Church of God for a temporary tent permit to erect a tent, on May 12, 1990, in the parking lot at 133 S.W. 13th Avenue. Approval is recommended. 31. Request for Dock and Dolphin Pile Variances. The Commission is to consider a request from the property owner at 319 S.E. 7th Avenue to construct a dock and two dolphin piles. Approval is recommended. 32. Request to Erect Signs. The Commission is to consider a request from the Soroptimist Club to erect signs on both north and south bound Federal Highway at the City's entrance. Approval is recommended. 33. Award of Bids and Contracts. A. Replacement of 15-inch Gravity Sewer Main - S.E. 1st Street - Southern Pipeline, Inc. in the amount of $21,042.50 with funding from Water and Sewer/Sewer Systems, Mains and Lines (Account No. 441-5141-536-60.66). B. Radio Maintenance - Police Department - Motorola Communica- tions and Electronics in the amount of $52,475.40 with funding from Repair and Upkeep - Equipment (Account No. 001-2113-521-33.32). D. One Economy Pick up Truck - Utility Billing - Dimmit Chevrolet, Inc. (State Contract) in the amount of $8,994.88 with funding from Water and Sewer - Utility Billing Capital Outlay (Account No. 441-5112-536-60.89). 34.A.1. Mr. Andrews stated he would like to add an item to the workshop agenda for next week to discuss a proposed RFP he would like to present regarding some of the continuing education legal matters for the Police Department. 34.A.2. Dr. Alperin expressed concern with the contractor for the Golf Course regarding the fact that he does not pay sales tax and asked for confirmation. The Interim City Manager stated there is a question that the original contract did not require or mention sales tax payment on the License Agreement or the Capital Improvement package. It is his understanding that the contractor has paid his individual sales tax for the sale of pro shop equipment and the sale of green fees and cart fees. The City has received an unofficial opinion from the State Department of Revenue concerning this matter. The City Attorney feels that this is owed by the contractor. Dr. Alperin further stated he understands there is some discrepancy regarding the completion of projects within that contract. He would like to see a critique, as soon as possible, on the contract and its execution by the contractor. Upon question by the Interim City Manager, Dr. Alperin commented that he is speaking of the -14- 5/8/90 Capital Improvement portion of the contract along with any failure to comply. 34.A.3. Dr. Alperin stated he has also been informed that the manage- ment of the Golf Course is soon to be changed. It is his understanding that, before this happens, this change must have the approval of the City Manager. The Interim City Manager stated the resident City Manager is addressed in the contract. That manager must be approved by the City Manager. He further stated he has seen nothing in writing and has had no request to that effect. Dr. Alperin stated, should the contractor make such a request, he would recommend holding off until the new City Manager is in place before making a determination. 34.A.4. Mayor Lynch stated the Police and Fire Department Pension Group would like to meet with the Commission to discuss issues. He suggested that it be scheduled for the first workshop in June and directed the Interim City Manager to contact them. 34.A.5. Mayor Lynch stated he has seen correspondence between the City Attorney and Interim City Manager with reference to the security of the Courthouse. At the time that land was purchased, Dorothy Wilken, County Commissioner, was very adamant that the City should provide security in the form of an officer. The Interim City Manager commented that he will schedule a meeting with Judge Hurley to discuss an alternative proposal for security which is a video-type security that would not require an officer. Mayor Lynch stated he would accompany the Interim City Manager to this session. 34.A.6. Ms. McCarty stated one of the items asking for direction from the City Attorney's office was in regard to the Consumer Protection Act. The legislation currently does not address regulating rates and the City has no voice in this when a contract is awarded. Mr. Andrews stated this may not be a good time to establish a rate structure with fiber optic cable coming into existence with tele- phone lines, etc. in the future. He feels if no competition is allowed at a perceived higher rate, there will be no competition in the future to help drive down various types of access. The Commission concurred to give no direction to the City Attorney to pursue this. 34.A.7. Ms. McCarty stated the next request is from Tri-Rail asking the City to write a letter in their behalf, in order that they might get money to continue operating. Mayor Lynch agreed to see that a letter is sent. 34.A.8. Ms. McCarty stated there is to be a Public Hearing on the Knight Center in Boca Raton on June 7th and she hopes representatives from the City will be able to attend, as this surely will have an impact on the City's development on Linton Boulevard. She also stated perhaps this impact could be discussed at the joint workshop with Boca Raton City officials. Upon question as to the date of that joint workshop, the Interim City Manager advised not a lot of progress has been made regarding a date. 34.A.9. Ms. McCarty commented, concerning the update of Boards and Committees, there are a number of vacancies on quite a few Boards and requested that some of these be taken care of on upcoming agendas. She further advised that when serving on the DDA, that person is required to either own a business or property in the DDA area. The owner of Kimberly's, which is no longer in business, will not qualify to serve on that Board, so there will be an opening to be filled there. Dr. Alperin commented, while the Education Board is not yet a formal Board, he feels the Education Committee should also be regularly on the list. 34.A.10. Ms. McCarty stated in the recap from the City Clerk indicating all the upcoming Workshops and Special Meetings, she noted that Tuesday, August 7, 1990, was the date proposed to exchange jurisdiction with the County and S.W. 10th Avenue for Swinton Avenue. She is hoping the City will be prepared at that time. -15- 5/8/90 34.A.11. Ms. McCarty expressed a desire to have a Budget Review Task Force made up of persons appointed by Commissioners. She also suggested the policy recommendations that were made last year by those persons chosen to serve on the budget task force might be helpful or might be implemented again this year. The Commission has also mentioned possible policy changes relative to staffing during the goal setting sessions. It was her suggestion that the Finance Director and the Budget Director also sit in on this task force. 34.A.12. Ms. McCarty stated the Mayor had mentioned earlier that goals and responsibilities for the new City Manager, along with a job descrip- tion, should be discussed and a date scheduled. Mayor Lynch suggested this be discussed at the next workshop meeting, thereby allowing Mr. Harden an opportunity to review the material prior to coming on board as City Manager. 34.A.13. Ms. McCarty referred to a magazine the Commissioners receive that contained an orientation program for Commissioners, containing about six different types and ways of approach, from cities around the world. She feels perhaps the new City Manager might like to assign an appropriate staff person the task of putting together some sort of program that could be very helpful. 34.A.14. Ms. McCarty stated she feels the Patrol Staffing Study should be discussed as a group on an upcoming workshop. 34.A.15. Ms. McCarty stated recently Boynton Beach held a picnic, hosted by the Police Department and joined by some of the black churches of Boynton Beach and she felt this might be a good activity for the Police Department to host a similar outing with the "Kids and Cops" committee and could be held at Lake Ida Park. 34.B.1. The City Attorney thanked the Commission for his official appointment. 34.C.1. There were no comments or inquiries on Non-Agenda Items from the Interim City Manager. Mayor Lynch declared the meeting adjourned at 9:11 P.M. - - JC i t~' Ci-e ~k / 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, May 8, 1990, which minutes were formally approved and adopted by the City Commission on ~,/ ~ , /ge~ · JCit~ C~e~k / NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -16- 5/8/90