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06-12-90 JUNE 12, 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, June 12, 1990. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner Mary McCarty Commissioner David Randolph Mayor Thomas E. Lynch Absent - Commissioner William Andrews Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz 2. The opening prayer was delivered by Reverend Robert Finch, Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Ms. McCarty requested that Item 9.B. be removed from the Regular Agenda and Item 9.G. be moved to the beginning of the Regular Agenda. Ms. McCarty moved to approve the Agenda, as modified, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 5. Mr. Randolph moved for approval of the minutes of the Regular Meeting of May 22, 1990 and Special Meetings of May 15 and May 30, 1990, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 4 to 0 vote. 6. Proclamations. 6.A. Mayor Lynch read and presented a proclamation commending Dan Burns and the National Automobile Dealers Association for their contri- butions in improving the quality of life in the community. Mr. Burns accepted the proclamation on behalf of the National Automobile Dealers Association. 6.B. Mayor Lynch read and presented a proclamation commending Fire Fighter Russell Accardi, Fire Fighter Michael McCleary, Fire Fighter David Brassard, Paramedic-Fire Fighter Richard Murphy, Paramedic-Fire Fighter Edward Crelin, Driver-Engineer Wayne Dorcas, Lieutenant Thomas Buce and Battalion Chief Frank Ryncarz for "Third Place" ranking in the 1989 International Extrication Competition and Symposium. Fire Fighter Russell Accardi accepted the proclamation and presented their award- winning plaque to the City and the Commission. 6.C. Mayor Lynch read and presented a proclamation commending Lieutenant Robert Moreland III, Paramedic-Fire Fighter Raymond B. Fitzer, Driver-Engineer Peter Carafano, Paramedic-Fire Fighter Katherine Hoecherl and Mr. Gordon Panter for "Third Place" ranking in the 1990 Canadian International Advanced Life Support Competition. Lieutenant Robert Moreland III accepted the proclamation and presented their trophies to the City and the Commission. 6.D. Mayor Lynch read and presented a proclamation commending Stephen Adderly for his achievements as an athlete and role model for youth in the City of Delray Beach. Mr. Adderly came forward to accept the proclamation. 7. Presentations. 7.A. Mayor Lynch presented each of the City Department Heads to the City Commission and the City Manager. The City Manager introduced himself to the attending public. Mayor Lynch announced the new process to be used in the City will be as follows: If any Commissioner wishes information, the City Manager will be approached, or, in his absence, the Assistant City Manager, who in turn, will go to that Department Head to obtain the information and respond to the person who originally requested the information. In addition, the remaining Commissioners will be provided with the same information. 7.B. Kathy Daley, Legislative Consultant, stated she is not aware of the exact happenings on the last day of the Legislative Session, but will provide a comprehensive report when all is complete. Ms. Daley reported on the following items: Partial Year Assessments: This got bogged down with amendments and it was killed. Florida Urban Development Act: This is basically a grant program, which could be applied for to be used to develop some of the downtown areas but did not pass, and hopefully, there will be funding available next year. Sovereign Immunity: This was killed and it will be better if it never returns. Hazardous Materials: This was only partially passed in the last hour of the session. Placards will be posted on all trucks and roadways listing the contents of materials that are transported through the City, but the rails did not go through. The rails will be worked on next year. Florida Inland Navigational District: She and Joe Weldon, Director of Parks and Recreation, worked on this. The City of Delray is expecting to receive a grant this summer. It will be -2- 6/12/90 reviewed all next year and she feels someone should become involved in that item and stay on top of it. Before and After School Child Care Programs: It was not possible to get the Cities exempted entirely. HRS insisted on some type of regulation or licensing. An amendment was placed on the bill by Lois Frankel stating HRS will promulgate rules and regulations for After School Programs for municipalities and they will work directly with someone from the City. If no conclusions are reached or there is a disagreement with what they propose, there remain commitments from key legislators who will return next year and try for an entire exemption. Financing: Cities were exempted from the Revenue Sharing; a three percent service charge was proposed, but an exemption was realized. Funding: The Historical and Cultural Affairs were funded 75% across the board, statewide. Some projects were funded that did not go through the process, and the Governor has vowed to veto those. The projects that were funded 75% for this area are: 1) The Sundy Feed Store, $112,000; 2) Old School Square, $147,744 for Cultural and $300,000 for Historic; 3) Beach Money, $2,700,236. In summing up, Ms. Daley advised, with regard to transportation packages and Workers Comp bills, etc., she will present a comprehensive report at a later date. 8. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.A. Banking Service Agreement. The Commission is to consider approving a one year extension of the banking service agreement with Barnett Bank for general banking services, including lockbox operation services for water/sewer bill payments and occupational license pay- ments. Approval is recommended. 8.B. Final Plat Approval. The Commission is to consider approval of a final plat for Old School Square located on N.E. 1st Street and Atlantic Avenue. Approval is recommended. 8.C. Request for Variance. The Commission is to consider a request from the property owner at 1850 Lake Drive for a dock variance to install a dock/slip 30 feet into Lake Ida. The City Code allows a maximum of five feet. Approval is recommended. 8.D. Request for Variance. The Commission is to consider a request from the property owner at 25 N.W. 25th Street to install a dock/slip 30 feet into Lake Eden. The City Code allows a maximum of five feet. Approval is recommended. -3- 6/12/90 8.E. Resolution No. 56-90. Resolution No. 56-90, assessing costs for abatement action required to board up an unsafe structure at 300 Gulfstream Boulevard, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 56-90 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. 56-90 is on file in the official Resolution Book) 8.F. Resolution No. 57-90. Resolution No. 57-90, recognizing Gates Castle for his 10 years of dedicated service as an employee with the City of Delray Beach, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 57-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING GATES CASTLE, FOR 10 YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 57-90 is on file in the official Resolution Book) 8.G. Resolution No. 58-90. Resolution No. 58-90, correcting the legal description contained in Resolution 7-90 which vacated and aban- doned a portion of Lindell Boulevard and Germantown Road (Target Shop- ping Center/Waterford), is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 58-90 is as follows: A CORRECTIVE RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING RESOLUTION NO. 7-90 WHICH VACATED AND ABANDONED A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, BEING A PORTION OF LINDELL BOULEVARD AND GERMANTOWN ROAD AS SHOWN ON THE PLAT OF LINTON CENTER, RECORDED IN PLAT BOOK 39, PAGES 8 & 9, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, -4- 6/12/90 TO SHOW THE PROPER LEGAL DESCRIPTION, TO PROVIDE FOR VACATION AND ABANDONMENT OF SAID LAND, AND TO PROVIDE THAT THIS RESOLUTION SUPERSEDES RESOLUTION NO. 7-90. (Copy of Resolution No. 58-90 is on file in the official Resolution Book) 8.H. Resolution No. 59-90. Resolution No. 59-90, amending Resolu- tion No. 54-89 and Resolution No. 23-90 regarding the Education Board by extending the sunset provision until July 12, 1990, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 59-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 54-89 WHICH ESTABLISHED THE EDUCATION BOARD OF THE CITY OF DELRAY BEACH AS AN AD-HOC ADVISORY BODY TO THE CITY COMMISSION, BY AMENDING SECTION 8 OF RESOLUTION NO. 54-89 WHICH PROVIDES THAT THE EDUCATION BOARD SHALL HAVE A SUNSET DATE OF JUNE 12, 1990, BY EXTENDING THE ESTABLISHED SUNSET DATE OF JUNE 12, 1990, TO JULY 12, 1990; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 59-90 is on file in the official Resolution Book) 8.I. Award of bids and contracts. 1. Annual Wrecker/Towing Services - Police Department - Zuccala Wrecker Services in the amount of $145,514 (no City funds expended. Users will be responsible for payment of charges for wrecker/towing services). 2. North Federal Highway Irrigation - Community Improvement - All-Green Lawn Sprinklers in the amount of $23,590 with funding from 1987 Utility Tax - N.E. 8th Street and Federal Highway to A1A (Account No. 333-4141-572-61.29). Ms. McCarty moved for approval of the Consent Agenda, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA 9.A. REMOVED FROM THE AGENDA. 9.B. Site Plan Approval. (Removed). 9.G. Golf Course License Agreement. The Commission is to review and determine the status of the current golf course license agreement. -5- 6/12/90 The City Attorney stated the Commission had requested that their office review the status of the current contract with reference to the possibility of defaults or areas where they are not completely living up to the terms of the Agreement. The findings were that a major area that might be considered a default would be in the area of non- payment of sales tax applicable to the license payments. That is a technical default under the contract. He further stated there has definitely been one notice letter sent to the licensee and advised, if the Commission wanted to institute termination proceedings based on that default, another letter should be sent informing them the sales tax payments must be paid to date within a certain period of time. As of last week, the liquor license had not been transferred into the appro- priate body and that could also be considered a default, depending on whether that has been diligently pursued. The City Attorney further stated there were other deficiencies in reporting Capital Improvement values and pursuing the process in the contract, along with minor maintenance items. Upon question by Dr. Alperin, Assistant City Attorney Ruby stated she called the State to check the status of the liquor license and was told an onsight inspection is needed and this occurs only when the inspector is in the area. This process takes approximately three or four weeks, as this is then forwarded to Tallahassee, etc. It was her feeling there was no indication that the applicant failed to pursue this. Mr. Randolph questioned if the letter, relative to the sales tax payment in accordance with the terms of the contract, is considered legally binding opposed to an advisory letter. The City Attorney stated the letter advised that sales tax was due on the license payments and penalty provisions might be imposed on the City and the licensee if this tax was not paid. Upon question, the City Attorney advised an oral response was received indicating they did not consider the tax to be due. Kim Bregman, speaking for the Licensee, stated the representa- tion has not arrived at this time and requested this item be held until they do. The Commission concurred in granting the request. 9.C. Conditional Use and Site Plan Approval. The Commission is to consider a conditional use and site plan approval for the proposed Bayside Manor Adult Congregate Living Facility (ACLF) to be located on the west side of Venetian Drive between Ingraham Avenue and Galanger Way. The Planning and Zoning Board recommend approval, subject to the following conditions: 1. Submittal of water and sewer plans providing the following: Location of the backflow preventor Indicating the size of the water meter, upgrading may be required. Show sewer lateral entering the sewer main at a manhole or provide for the installation of a monitoring manhole in the sewer lateral. 6 6/12/90 2. Provide perimeter elevations both proposed and existing on the same plan. Provide existing elevations 50' off-site. 3. Provide revised paving and drainage plans showing the follow- ing: Pavement markings i.e. stop bars, etc. Showing sidewalk to be installed from the off-site parking area to the building site. The sidewalk must be shown extending thru the driveways. 4. Provide Unity of Title between Lots 1, 2 and a portion of lots 4 and 5. Dr. Alperin asked why there is a request for waiver of instal- lation of a sidewalk. David Kovacs, Director of Planning, advised this sidewalk connects an off-site parking lot to the main lot in the public right-of-way, adjacent to the property line. In waiving this, it would eliminate some vegetation that exists in the public right-of-way where another intervening parking lot is located. The applicant stated the street is wider than normal, allowing enough room to walk within the street; however, the P&Z Board feel the proper place to walk is on a sidewalk and did not recommend granting the waiver. Ms. McCarty moved for approval of the conditional use and site plan approval, with conditions recommended by the P&Z Board, without the waiver of the sidewalk, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Mayor Lynch asked if Mr. Kovacs was comfortable that the conditions would be easy to comply with. Mark Marsh, Architect, stated the only other issue is that there is an encroachment on part of the building on the west side and the City has informed them that there is a possibility of a quit-claim deed situation. The City Attorney stated he is aware of the situation and such quit-claim deeds have been granted in the past with neighboring properties. These situations occur when canals are dredged and property owners ultimately find themselves with more land than they had originally. At this time the roll was called to the motion. 9.D. Site Plan Approval. The Commission is to consider a site plan approval for a proposed Holsum Bakery to be located on the east side of Congress Avenue between Park of Commerce Boulevard and the L-30 Canal (Tract K, Delray Park of Commerce). The P&Z Board recommend approval, subject to the following conditions: -7- 6/12/90 1. Provision of verification from the City of Delray Beach Public Utilities Department that the location of the landscape materi- al within the 25 foot utility easement is acceptable. 2. That revised plans be submitted addressing the comments listed under the "Technical Items" section of the staff report with the exception of Item #6. In a separate motion, the Board recommended a waiver to Code Section 159.30 (Perimeter Landscaping) be granted based upon findings and conditions as set forth in its staff report. Mr. Kovacs stated this is a situation where there is an interi- or lot line with an access adjacent to the lot line, making the lot line within the driveway area, which is not appropriate for landscaping. There will be replacement landscaping, but not on the lot line. Ms. McCarty moved for approval of the site plan for the Holsum Bakery, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.E. Appeal of Community Appearance Board Action. The Commission is to consider an appeal of the Community Appearance Board action of May 9, 1990, which denied an application for a projecting wall sign for Total Golf. William Wilshire, Chairman of the Community Appearance Board, stated in this particular case there have been attempts to revise the blanket approval for the area. He feels the entire blanket should be brought before the Board, comprehensively, opposed to objecting to it piece by piece. The issue is that the public is unable to locate Total Golf, which should be addressed on the sign. If the applicant needs better identification, he feels it should be addressed on Congress Avenue. He has excellent identification on 1-95, but when traffic coming from the south exits off Linton Boulevard to go north, the only visible sign is the LINPRO tenant sign. Mr. Wilshire suggested the applicant revise the tenant sign to eliminate the confusion. A representative from Sign Graphics, the sign contractor, stated when this sign was designed, it was their intent to keep the signs harmonious throughout the project on all tenant fascia, i.e. direction signs, major identification signs and small monument signs, allowing four different types of sizes of signs. This has not worked, as the floor layouts have been completely changed from the original design of the building. Upon a request for confirmation from the City Attorney, the representative advised that it is not the number of signs in question, but rather that this type of sign is not in concert with the original criteria. Dr. Alperin commented that he agrees with Mr. Wilshire in expressing the fact that it is the total building presentation that -8- 6/12/90 needs to be addressed; therefore, he feels it should be returned to CAB for a review of the entire building. Ms. McCarty stated she concurs with Dr. Alperin, thereby eliminating the possibility of setting a bad precedent. Mr. Randolph and Mayor Lynch also concurred. Dr. Alperin moved for denial of the Variance, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 4 to 0 vote. 10. PUBLIC HEARINGS At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10.A. Ordinance No. 19-90. Ordinance No. 19-90, amending the Code of Ordinances to allow directional signs for civic organizations, churches, recreational facilities and residential subdivisions to be located on rights-of-way, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 19-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 15, "BUILDING REGULATIONS", CHAPTER 162, "SIGNS AND BILLBOARDS", SECTION 162.040, "DIRECTIONAL SIGNS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 162.040(A), TO CLARIFY THAT DIRECTIONAL SIGNS REFERRED TO IN OUR OFF-PREMISE SIGNS BY REPEALING SUBSECTION (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. (Copy of Ordinance No. 19-90 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. 19-90 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public - Immediately following the Public Hearings. -9- 6/12/90 11.1. Rosetta Rolle, 301 N.W. 3rd Avenue, Chairman of the Delray Beach Housing Authority, stated she is presenting a condensed report on the progress of the eight-point program she had submitted to the Commis- sion in March of 1990. She feels the progress is going very well, especially the face-lifting of Carver Estates. A consultant was recent- ly hired to assess the organizational structure, staff capability and training needs to analyze the budget and identify potential areas of cost-savings in the revenue enhancement. She commended Nancy Davila, City Horticulturist, and Joe Weldon, Director of Parks and Recreation, for their help in the face-lift of Carver Estates. The irrigation problem and the emergency issue regarding the hand rails should be re- solved soon. She thanked Digby Bridges for help with the exterior painting and presented the colors for Commission review. She also commented that HUD held a Resident Initiative in Jacksonville and six members were allowed to attend, one of which she asked to speak at this time. 11.2. Lillie Harris, member, commented that the residents of Carver Estates Tenant Association were very grateful to Jack Kemp, Secretary of HUD, for making it possible for the six residents to attend. He encour- aged all residents to become involved in their community. 11.3. Alfred Straghn, 26 S.W. 5th Avenue, expressed concerns relative to an Administrative matter in the Public Works Department that has resurfaced from an original problem that arose nearly two years ago. It is his hope that this issue will not recur again. 11.4. George Rochford, resident, commented that the plat presented to the Commission was of the Oakmont subdivision, showing a small park owned by the City. There are four lots contiguous to this park that are for sale and he would like the Commission to consider purchasing those lots and adding them to the park for future generations. 11.5. Jean Beer, resident, thanked those persons involved at the President's Council meeting for neighborhood associations to discuss Hurricane Preparedness. The feedback she received from the associa- tions, regarding the pertinent information directly relating to specific areas in the City, has been most gratifying. 11.6. Dennis Sla~, a City employee in the Public Works Department and recovering from a recent stroke, explained his doctor has ordered him to return to desk work only, as opposed to a mechanic in the Public Works Department. 11.7. Elizabeth Matthews, resident, asked if the City Code has been changed, not allowing a Public Hearing for approval of a Conditional Use. Mr. Kovacs advised a Public Hearing for a Conditional Use is held only at the Zoning Board level and is an administrative action. 11.8. Virginia Snyder, 38 S. Swinton Avenue, commented, relative to the Administrative issue in the Public Works Department, that in 1967 there was a similar incident that resulted in a strike at that time and she feels the Commission should take a good look at this. -10- 6/12/90 The City Manager stated the Union has filed, what they term, a Class Action Grievance and, although Legal Counsel has advised him it is not technically a grievance under the Union Contract, he regards this as a serious matter and plans to meet with Union Representatives and review the matter further. At this time the Commission returned to the Regular Agenda. 9.G. Golf Course License Agreement. The City Attorney reviewed the portion of this item discussed earlier in the meeting for the representatives that recently arrived. Upon question, the City Attorney stated the tractor issue was whether or not the Licensee was permitted to use the City's Sales Tax Exemption number to purchase the equipment on a tax-free basis. It was the opinion of the City Attorney's office that the Licensee could not do that and he was so advised. The applicant is expected to obey all the laws of the State of Florida. At this time he is not aware of what payments have been made, but this matter is between the Licensee, the vendor and, possibly, the Department of Revenue. Paul Shapiro, Attorney for Gilbert Goldstein, Licensee, in reviewing the history of this issue, advised that the Licensee has never been billed by the City for the sales tax and he feels it is impossible to declare a default under these circumstances. It is his understanding that the bid package did not specify sales tax and no bids were received that included sales tax as an item to be paid by the Licensee. There is a provision in the lease, "tax must be paid on operations" and that has been complied with. Upon question by Mr. Shapiro as to whether the City Attorney has applied for an official opinion, as advised by the Department of Revenue, the City Attorney stated that opinion should be applied for by the Licensee. Mr. Shapiro stated, after researching this matter, he has advised Mr. Goldstein that he does not owe the tax. There is a specific exemption in the Statute relating to facilities that contain food concessions at municipal recreational facilities and he feels this applies to the Golf Course. If the City continues to insist that this sales tax be paid, they will obtain the ruling from the State Department of Revenue. If the ruling indicates the Department of Revenue is entitled to this sales tax, it will either be paid or an appeal will be made in accordance with the Administrative Procedures Act. He further stated he feels it is an absolute evidence of bad faith. The City Attorney advised, based upon the opinion of the Department of Revenue and his office, that the tax is due and the City, under law, is obligated to collect the tax. Dr. Alperin asked, should the tax not be collected, what is the jeopardy of the City with the State. The City Attorney commented there are penalty provisions within -11- 6/12/90 the Act and the City will be at risk with the Department of Revenue for not complying with the obligation to collect. Mr. Randolph asked, per the Contract, if there is no indication on a tax point on the monies that are collected by the City, is that money taxable by the State. The City Attorney stated the monies that are collectible by the City to be passed on to the State are levied by operation of State Statute, not by this Agreement. Upon learning that the tax is not being paid at this time, Mr. Randolph questioned at what time this tax will be paid. The City Attorney advised that the City does not pay the tax, they only collect it. Ms. McCarty asked, if the City is responsible for collecting the sales tax, why the Golf Course has not been billed. She feels it is difficult for the Licensee to be past-due if there has been no billing. Mr. Shapiro stated he feels it is very unfair to have licensed this facility to Mr. Goldstein, or any other bidder, and to have elimin- ated the Sales Tax from the bid package. Mayor Lynch suggested this "unfair" issue be addressed, as he does not feel it is accurate. It is his understanding that the City was not aware of the Sales Tax at the time of the bid; but when the tractor situation arose, the realization that there might be a sales tax on the license agreement occurred. He feels no one expected that tax, including Mr. Goldstein, and in his opinion, there was no indication of bad faith on anyone's part. Mayor Lynch commented that he feels the City should be looking at a contract for the golf course. He feels the issue is two-fold; one, the right thing to do for the citizens of Delray is to take over the course, as he sees some profit and real benefits for Capital expendi- tures. The alternative is a four and one-half year fight with the Licensee which is not beneficial to the citizens. His recommendation is to allow staff to continue to operate under a negotiation to which the City might have an opportunity to take over the course. Mr. Randolph stated he has always felt the City should operate the course, but he also feels the air should be cleared on this sales tax matter first. Dr. Alperin commented that he feels the Commission finally has the information they need to learn where the City stands with the Contract. He feels the Licensee should be billed for the sales tax immediately, notify him of any defaults and request a 30-day compliance. He also feels it is the responsibility of the Licensee to determine if there is any contention with the State. Ms. McCarty stated it is her understanding that Mr. Goldstein has withdrawn his offer. It is her long term goal to have the City in control of the Golf Course. However, at this time the City is in a Contract and needs to be responsible and to make sure that Contract is honored, especially with regard to the sales tax issue. If Mr. Goldstein wants to stay and abide by the Contract, that is fine with her. -12- 6/12/90 Discussion followed with regard to the terms of the Contract. Mayor Lynch assured Mr. Shapiro that the City will uphold its part of the Contract. Mr. Shapiro assured the Commission that they will comply with the terms of the Contract, but there are certain issues in which there is a disagreement about what compliance means. Upon question by Ms. McCarty, Kim Bregman stated during the summer on weekdays, due to the reduced play and attendance, it is not a requirement under the contract that full meals be served; however, weekends are different. Upon question by Dr. Alperin regarding the liquor license, Ms. Bregman stated there is a hot meal offered daily. Dr. Alperin moved to approve the billing of the Licensee for the Sales Tax, seconded by Ms. McCarty. After discussion relative to items in the Contract that were to be completed by the Licensee and the City by the end of the first 120 days, Ms. McCarty stated that she would like to withdraw her second to the motion made by Dr. Alperin. She further stated she would like to attempt a negotiation after having investigated these issues. Mayor Lynch stated the City has an obligation to the citizens to resolve these issues, in order that the Contract is not terminated and the State then informs the City that the tax is owed. He would prefer proceeding with negotiations on the Contract and make the sales tax item very specific. Dr. Alperin moved to bill the Licensee for the Sales Tax, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - No; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 3 to 1 vote. Ms. McCarty moved to have staff approach Mr. Goldstein and ask him to consider negotiating a Contract of buy-out from the City, second- ed by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Upon question by Mayor Lynch, Ms. McCarty stated she would like the City Manager to approach Mr. Goldstein and, upon arriving at an agreement, asked that the City Attorney review the negotiations. She added that still open for discussion is Mr. Goldstein's interpretation of the prepaid playing privileges, how he addresses that, and mainly how he justifies the $71,000 figure. 9.F. Approval of Selection of Architect(s). The Commission is to consider the selection of architect(s) for the Decade of Excellence Parks Projects and authorize staff to negotiate a contract(s). The Commission concurred to select two architects. Ms. McCarty moved to appoint Digby Bridges as architect for the Ballfields, seconded by Mr. Randolph. Upon roll call the Commission -13- 6/12/90 voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. Ms. McCarty moved to appoint Currie-Schneider as architects for Veterans Park, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Ms. McCarty - Yes. Said motion passed with a 4 to 0 vote. 9.H. Waiver of Bid Irregularities and Award of Bid. The Commission is to consider waiving bid irregularities in the bids received for the North Federal Highway Landscaping Project and Award bid to All-Green Lawn Sprinklers in the amount of $90,460.55 with funding from 1987 Utility Tax - N.E. 8th Street and Federal Highway to A1A (Account No. 333-4141-572-61.29). Approval is recommended. The City Manager stated the low bidder had a misunderstanding concerning the Royal Palm trees; they then submitted a corrected bid, which still allowed them to be low bidder. The City Manager stated this results in an irregularity, but it is recommended that the irregularity be waived, due to the delays that have already occurred in this project. Ms. McCarty moved to waive the bid irregularities and award the bid, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.I. Appointment of an Alternate Member to the Board of Adjustment. The Commission is to consider the appointment of a member as an alter- nate to the Board of Adjustment to a term ending June 12, 1993, to fill the unexpired term of Mark Krall. This is Mr. Randolph's appointment. Mr. Randolph moved to appoint Jon R. Levinson as an alternate member to the Board of Adjustment, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.J. Appointment of a Member to the Human Relations Committee. The Commission is to consider the appointment of a member to the Human Relations Committee to a term ending June 12, 1992, to fill the unex- pired term of Randee Golder. This is Ms. McCarty's appointment. Ms. McCarty requested that this appointment be postponed, as this Board is to be reviewed due to sentiment during the Goal Setting sessions relative to redirection or reformulation. The Commission concurred. 9.K. Appointment of a Member to the Historic Preservation Board. The Commission is to consider an appointment of a member to the Historic Preservation Board to a term ending June 9, 1992. This is the Mayor's appointment. Mayor Lynch expressed the feeling that Spencer Pompey is a good, active member and recommends that he be reappointed. -14- 6/12/90 Ms. McCarty moved for the reappointment of Spencer Pompey to the Historic Preservation Board, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 4 to 0 vote. 9.L. Resolution No. 55-90. Resolution No. 55-90, authorizing the Community Redevelopment Agency to purchase the closed gas station at 442 West Atlantic Avenue, located on the southeast corner of West Atlantic Avenue and S.W. 5th Avenue, owned by Chevron, U.S.A. and the vacant parcel, (formerly the site of the Old Taxi Stand), located between N.W. 4th Avenue and N.W. 5th Avenue east of and adjacent to the Old Georgia Town Tavern property which the City owns, is before the Commission for consideration. Approval is recommended. The City Manager presented Resolution No. 55-90: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR EMINENT DOMAIN; PROVIDING FURTHER, THAT THE CITY COMMIS- SION OF THE CITY OF DELRAY BEACH FINDS THAT THE CERTAIN REAL PROPERTY EXISTS IN A BLIGHTED AREA AND THE REHABILI- TATION, CONSERVATION, OR REDEVELOPMENT, OR COMBINATION THEREOF OF SUCH AREAS IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE CITY OF DELRAY BEACH; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 55-90 is on file in the official Resolution Book) Ms. McCarty moved for the adoption of Resolution No. 55-90, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.M. Approval of Agreement between the City and Palm Beach Coqnty School Board. The Commission is to consider approval of an agreement with the School Board to provide school buses and drivers for the Summer Day Camp programs. Approval is recommended. Assistant City Attorney Ruby stated this is the transportation agreement discussed at the last meeting and is before the Commission for ratification. Due to the requirements of the School Board, the City is seeking liability insurance and a rewording of the indemnification provision has been completed. In approving the agreement, she recom- mended that the Commission include additional wording indicating that nothing would be deemed a waiver of Sovereign Immunity under the indem- nification. Mr. Randolph moved for approval of the agreement, including the stipulations recommended by Assistant City Attorney Ruby, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mayor -15- 6/12/90 Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.N. Cancellation of Bid Award and Re-Award. The Commission is to consider cancellation of award of bid to Regency Dodge, Inc., for a 3/4 Ton Pick-up Truck for Streets Department and re-award bid for that truck plus an additional four trucks (five total) to Sherwood Pontiac - GMC Truck, Inc., in the amount of $55,600, with funding from Parks, Utili- ties and Streets automotive budgets (XXX-XXXX-XXX-60.84). Approval is recommended. The City Manager stated these are replacement vehicles. A few weeks ago when the order was placed for a bid that had been awarded, it was learned that the factory is no longer accepting fleet orders. As a result, that vehicle has been bid locally, in addition to four others. Ms. McCarty moved for cancellation of bid award and re-award, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. Before roll call Mayor Lynch recommended that, in the future, the Purchasing Department makes sure that a clause is included that the City has between 30 to 60 days that a contract can be honored. 12. There were no First Readings. 13.A.1. Dr. Alperin commented that, at the last meeting of the Educa- tion Board, concern was expressed with regard to the extension of 10th Avenue to Lake Ida Road, which was approved by the City Commission in February, 1990. Interest in readdressing this was expressed, mainly to try and acquire all the property north of Spady School for the purpose of making a proper entryway. Staff is reviewing this to learn how far the design plans have progressed. The Board felt there was an unneces- sary concession made to extend 10th Avenue, opposed to going with the original plan. Hopefully, the details will be defined by Monday and he would like this placed on an agenda. 13.A.2. Dr. Alperin recommended that the individuals now serving on the Education Board should seriously be considered as members when it becomes a permanent Board of the City. 13.A.3. Dr. Alperin complimented the City Manager on the format of the Commission backup package. He also asked if there are any efforts being made by the City to recover or reuse the incredible amount of paperwork. The City Manager stated he requested John Elliott, Assistant City Manager and recycling coordinator, to prepare a proposal on the re- cycling of office paper. That has been received and he is working on implementation of that proposal. 13.A.4. Mr. Randolph thanked the City Manager on his organization of the agenda material. -16- 6/12/90 13.A.5. Mr. Randolph commented that the presentation last night on Hurricane Preparedness was well placed and the individuals who presented it did an excellent job. One request he has, relative to shelters, is the need for cellular phones and ham radios. In addition, there are currently no ham operators for the Carver Middle School and Pompey Park shelters. If there are any volunteers, he would be most grateful if they would contact staff or himself. 13.A.6. Mr. Randolph stated he feels an advisory committee should be formed to assist the Commission with problems relative to the golf course operation, regardless of who the operator is, to serve as a source of information. He envisions this as possibly a five member committee, with no power, but professionals in their field. 13.A.7. Mayor Lynch complimented the City Manager on his booklet for the agenda material. 13.A.8. Mayor Lynch stated he recently met with Paul Bremmer, the City Auditor, and they discussed the Sewer Board operation, which seems to be the hold up with regard to the fiscal year ending in September causing the report to be unavailable until March of the following year. As it turns out, the Sewer Board and Boynton Beach use Ernst and Young and he recommends the City of Delray use the same accounting firm in order to have the report available in the first quarter as opposed to the second. Ms. McCarty stated she feels the concept is very good and that the City should coordinate with Boynton and the Sewer Board, if possible; how- ever, Ernst and Young has been the financial auditor for the City for the past eight years and she feels it would be prudent of the City to change auditors periodically. Mayor Lynch suggested that staff learn how the City of Boynton feels relative to this and it can be discussed at the next meeting of the Sewer Board. In the meantime the Commission will have decided whether there is a consensus to bid it out. 13.A.9. Mayor Lynch stated he and Assistant City Manager Barcinski met with the owners of the Tri-Rail Station and discussed some of their problems. Later, upon speaking with the head of Tri-Rail, he learned they have concerns with the system and the owners, but it is their desire to remain in Delray. Mayor Lynch suggested that staff meet with members of the Tri-Rail to learn what their intentions are, what they expect from the City and where the long term relationship may lead. 13.A.10. Mayor Lynch stated he and the City Manager met today with leaders of the Haitian community, who would like to attend a workshop to discuss some of their problems concerning the "Family" ordinance and to update the Commission on how they fit into the community and how they would like to improve on this. He asked that this be placed on a Workshop soon. 13.A.11. Mayor Lynch advised there are two appointments to be made on the DDA and recommends that they be placed on the next regular agenda. 13.A.12. Mayor Lynch stated Item 9.A. was removed from the agenda before distribution, which concerns the property on Venetian. He had previous- ly expressed the hope that the P&Z Board and the Planning staff would -17- 6/12/90 work with the developer to make sure the City arrives at something compatible relative to recommendations made by neighbors. He feels that this did not happen, as the developer was again turned down. In the future, he hopes that the P&Z Board and the Planning staff work together to be a compromising group. This item will be on the workshop next Tuesday. 13.A.13. Ms. McCarty stated she feels the Commission should show some type of consensus prior to directing staff to meet with members of the Tri-Rail as to whether the City would be interested in buying it or relocating it. Mayor Lynch suggested that staff listen to what they have to offer and then schedule a meeting or a workshop. He further stated the station will never have access from Atlantic Avenue as DOT has specifically stated Atlantic Avenue is too close to 1-95. 13.A.14. Ms. McCarty commented that she feels the T.E.A.M. Volunteer program is a very comprehensive program and hopes more people will become involved in City Hall and the many boards and, hopefully, save labor costs. 13.A.15. Ms. McCarty stated a letter arrived asking about City employees living within the City and why the City does not require this. With concurrence of the Commission, she would like to ask the City Manager to explore the possibility of incentives to attract employees to move to the City; however, she does not want to mandate it. 13.A.16. Ms. McCarty requested an update on the status of the joint meeting with Boca Raton. 13.A.17. Ms. McCarty stated that Mr. Kovacs gave a synopsis of the Goal Setting sessions, which is a good reference guide to refer to. 13.A.18. Ms. McCarty asked for confirmation that the report of the Insurance Task Team will be presented shortly. Assistant City Manager Elliott stated the Task Team is now in the process of putting together a letter of recommendation to bring before the Commission, possibly in time for the workshop next week. 13.A.19. Ms. McCarty commented that the reduction to shorter paper was an item for discussion at the County Commission this morning and she was happy that the City of Delray was one municipality that has already implemented this saving procedure. 13.A.20. Ms. McCarty stated she received a letter containing pictures from a couple residing in Delray showing a six-foot fence that was installed, but does not screen a larger truck. She is asking that staff revisit the Code requirements on trucks allowed in certain residential areas, as situations like this do not help to upgrade neighborhoods. 13.A.21. Ms. McCarty stated apparently the City sent out RFP's for the design of Fire Station No. 1 and, it is her understanding, that 38 replies were received. She questioned, if the Fire Station is not to be built within the next two or three years, how will the Building Code and the Life Safety Code changes of 1991 affect the design of the building -18- 6/12/90 and how prudent is it to select an architect now. Mayor Lynch stated he feels this should be given serious consideration, as the City received the Bond money today and, with the increase in inflation, the plans the City had for $21,000,000 may only amount to $15,000,000. Upon question, the City Manager advised that ways of getting the money are now being explored for the land acquisition for this project. Ms. McCarty ques- tioned the possibility of vacant land located at 8th and 12th Avenues. Mayor Lynch advised the Fire Department received a report explaining that they could be no further west than 6th Avenue. 13.A.22. Ms. McCarty commented that two architect firms were selected tonight for parks and when staff was questioned how they arrived at a decision for ranking, criteria was supplied to the Commission along with an explanation. She expressed concerns regarding the criteria that was used, whether or not it is standard criteria that is used by the Pur- chasing Department for everything, or whether it was developed for this specific process. She would like to see samples of other criteria. 13.A.23. Ms. McCarty commented that a letter was received from the President of the Firefighters Union asking for specific information from the City Attorney. She would like to see a response to the letter from the City Attorney regarding the pension issue. The City Manager advised an executive session is being scheduled. 13.B.1. The City Attorney advised the closing on the first part of the GO Bond was completed today. 13.B.2. The City Attorney advised the $8,000,000 Water and Sewer Revenue Bond was validated today. There is a 30-day appellate period and they can then be sold. 13.B.3. The City Attorney announced on June 3rd at 9:10 A.M. he became a father for the fourth time, his third girl, and she is beautiful, bright, coordinated and all those wonderful things. 13.C. There were no Comments or Inquiries on Non-Agenda Items from the City Manager. Mayor Lynch declared the meeting adjourned at 9:15 P.M. JCity ~l~rk / ATTEST: -19- 6/12/90 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 June 12, 1990, which minutes were formally approved and adopted by the City Commission on CitY C~erk / 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. -20- 6/12/90