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07-10-90 JULY 10, 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 10, 1990. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner William Andrews Commissioner Mary McCarty (Arrived 6:08 P.M.) Commissioner David Randolph Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz 2. The opening prayer was delivered by The Reverend Reimer Schacht, Deacon, St. Gregory's Episcopal Church, Boca Raton, Florida. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Assistant City Attorney Ruby advised there are addendum to the Agenda; Addendum No. 5.A. has been added to the Procedural Agenda, 8.J.2. on the Consent Agenda is a correction and 9.A.1. and 9.T. have been added to the Regular Agenda. Mr. Randolph moved for approval of the Agenda as amended, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 5. Approval of Regular Meeting Minutes of June 26, 1990. Dr. Alperin advised, on Page 9 of the Minutes of June 26, 1990, the name of Vi Hinchley should be Vi Hinchliffe. Mayor Lynch advised that Item No. 13.A.9. on Page 24 should state that a "phone call" was received from a resident opposed to a "letter" from an attorney. 5.A. Amendment to Regular Meeting Minutes of May 8, 1990. This is an amendment to reflect an award of a contract to A.O.B. Underground, Inc. in the amount of $59,220.00. At this time Commissioner McCarty arrived. Mr. Andrews moved for approval of the Amendment to the Regular Meeting Minutes of May 8, 1990, and the Minutes, as amended, of the Regular Meeting of June 26, 1990, 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. 6. Proclamations. 6.A. Mayor Lynch read and presented a proclamation recognizing Officers Sherry Settelen, Chris Miles and Detective Brian Bollan, the Police Department Medal Winners in the Florida Law Enforcement Olympics, and congratulated them on a job well done. 6.B. Mayor Lynch read and presented a proclamation proclaiming the week of August 13 - 17, 1990, as "Water and Pollution Control Operators Week". Bill Greenwood, Director of Public Utilities, came forward to accept the proclamation. Mayor Lynch displayed a trophy given to the City for winning the 1990 Soap Box Derby in competition with Boynton Beach, Boca Raton and Highland Beach and announced it will be placed in the City Manager's office. 7. Presentations. 7.A. ProPOsed County Local Option Sales Tax. Richard Wille, Sheriff of Palm Beach County, stated that he, Judge Dan Hurley, Commissioner Carol Elmquist and County Administrator Jan Winters, have been attending as many City Council Meetings as possible to discuss an Interlocal Agreement between those Cities and Palm Beach County to request that a one-half cent sales tax addition be placed on the November ballot to help pay for the construction currently underway on the main jail, the Belle Glade jail and the Courthouse, which will also include drug rehabilitation treatment facilities. A total of 1500 beds will be added to the correctional system. The County has not been fined as yet for overcrowding and, in order to avoid this, persons are being released that should be in jail. He feels the request for a one-half cent sales tax addition that will sunset in five years will completely pay for the facilities at a savings of $190 million dollars in interest to all the taxpayers in Palm Beach County and is worthy of the Citys' support. Judge Dan Hurley, Chief Judge of the Court in Palm Beach County, stated that he feels he has a moral obligation to speak before the Commission for two reasons. First, when the County Commission discussed the possibility of building the new Courthouse, he made an attempt to explain the dilemmas he personally faced every day due to the overcrowded conditions. Secondly, when it was brought to his attention that the jail was over capacity, he was chosen to sit down with the Sheriff and Judge Bollinger, who mans the jail, and figure out a process to let people out of jail. The jail is needed desperately, along with a new Courthouse. He realizes there is strong anti-tax sentiment among the public, due to the President's and the Governor's comments relative to "no new taxes". He is also aware that all municipalities have serious Capital needs; however, he still feels the Public Good should be placed ahead of other very legitimate interests of the Cities at this time. It is not a question of whether or not these facilities will be built, but rather, how will they be paid for and how it can be done in a fiscally prudent manner. Mr. Andrews questioned the status of the Crime Commission. Judge Hurley advised it is a cooperative effort between the private and public sector and in the first year it commissioned a study and held -2- 7/10/90 hearings on the existing criminal justice system. The study has been received and accepted and the Commission is now in the process of creating task forces to look at the various recommendations that were made. Upon question by Mr. Andrews, Judge Hurley stated he would contact the Executive Director of the Crime Commission and request that a copy of the study be sent to the City. Mr. Andrews questioned if anyone has checked into the cost of incarceration compared to other areas of the Country. Judge Hurley stated he is especially concerned about those persons who should be in jail and are not. There is no one in the jail that should not be there or who could be in another program but there is a deficiency in the lack of adequate drug treatment programs. Upon question by Mayor Lynch, Judge Hurley stated he would be most appreciative if the Commission could act on this request tonight, opposed to a decision on July 24th. Ms. McCarty requested this be scheduled on the Workshop Agenda for next Tuesday and have the resolu- tion placed on the Regular Agenda on July 24th. Carol Elmquist, Palm Beach County Commissioner, requested that the Commission consider this issue tonight. Ms. McCarty asked for confirmation that the Interlocal Agreement is asking that the Cities endorse placing this on the ballot as opposed to endorsing passage. Ms. Elmquist stated they would welcome the Commission's endorsement of both. Upon question by Ms. McCarty, Ms. Elmquist advised, in order to get the bonds, the funding source is non ad valorem revenues, such as franchise fees, etc. Mr. Randolph questioned if any of the land owned by the County will be used for this, and if not, what cost factor is involved with regard to land acquisition. Ms. Elmquist stated the cost of the Court facility is $140 million and the jail is being built in Section 6, so there are no land costs involved. The City of West Palm Beach is paying for the parking garage. Ms. McCarty suggested this be placed on a Special Meeting at the next Workshop, thereby moving it forward one week. The Commission concurred. 8. Consent Agenda. The following items were considered by the Commission as the Consent Agenda: 8.A. Final Plat Approval - Linton Center (Target). The Commission is to consider approval of a final plat for replat of Parcel 1 of the Plat of Linton Center located on Linton Boulevard and S.W. 10th Avenue. Approval is recommended. 8.B. Acceptance of Right-of-Way Deed. The Commission is to consider accepting an additional five feet of right-of-way from 51 S.W. 5th Avenue necessary to bring this property into compliance with the City Code. Approval is recommended. -3- 7/10/90 8.C. Granting of Easements. The Commission is to consider granting two 10-foot utility easement deeds to Florida Power and Light which are necessary to supply electrical conduit to the Golf Course Wellfield. Approval is recommended. 8.D. Change Order No. 1. Approval of Change Order No. 1 to the contract between the City and Data Flow Systems extending the contract completion 60 days for the installation of the radio telemetry and data logging system is before the Commission for consideration. Approval is recommended. 8.E. Change Order No. 2 - Linton Boulevard Landscaping. The Commis- sion is to consider the approval of Change Order No. 2 in the amount of $5,335 to replace freeze damaged plant materials. Funding is available in Linton/I-95 Interchange Beautification (Account No. 333-4141-572-61.24). Approval is recommended. 8.F. Change Order No. 3 - Atlantic Avenue Landscaping. The Commis- sion is to consider approval of Change Order No. 3 in the amount of $4,580 to replace freeze damaged plant materials. Funding is available in Atlantic Avenue/I-95 Beautification (Account No. 333-4141-572-61.22). Approval is recommended. 8oG. Resolution No. 65-90. Resolution No. 65-90, assessing costs for abatement action required to board up an unsafe structure located at 43-47 S.W. 8th Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 65-90 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. 65-90 is on file in the official Resolution Book) 8.H. Resolution No. 66-90. Resolution No. 66-90, assessing costs for abatement action required to board up an unsafe structure at 111 S.W. 2nd Street. Approval is recommended. The caption of Resolution No. 66-90 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 -4- 7/10/90 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. 66-90 is on file in the official Resolution Book) 8.I. Resolution No. 67-90. Resolution No. 67-90, amending Resolu- tion No. 59-90 regarding the Education Board by extending the sunset provision through July 24, 1990, is before the CoF~ission for considera- tion. Approval is recommended. The caption of Resolution No. 67-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 59-90, WHICH EXTENDED THE ESTABLISHED SUNSET DATE OF JUNE 12, 1990, TO JULY 12, 1990, FOR THE EDUCATION BOARD OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 8 OF RESOLUTION NO. 54-89 WHICH ESTABLISHED THE EDUCATION BOARD AS AN AD-HOC ADVISORY BODY TO THE CITY COMMISSION, BY FURTHER EXTEND- ING THE SUNSET DATE FOR THE EDUCATION BOARD FROM JULY 12, 1990, THROUGH JULY 24, 1990; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 67-90 is on file in the official Resolution Book) 8.J. Award of Bids and Contracts. 1. Hand-Held Meter Reading System - Finance/Utility Billing - Itron, Inc., in the amount of $39,193 with funding from Water and Sewer Funding/Utility Billing - Equipment Other (Account No. 441-5112-536-60.89). 2. Annual Contract Automotive Parts - Public Works - Various Vendors in the amount of $41,275.89 with funding from Garage Fund/Inventory of Supplies (Account No. 501-0000-141-12.00). NAPA - $33,296.18 Boca Auto - $1,413.00 B&D - 1,037.16 A to Z - 818.85 S&H - 3,554.18 Bennett - 1,138.76 Case - 17.76 3. Computer Equipment - Recycling Coordinator - Removed from the agenda. 4. Rental Rehabilitation Deferred Loan - CDBG - Abissett Corp. in the amount of $13,072.50 for 401-403 S.W. 1st Avenue and 44-46/52-54 S.W. 4th Avenue, with funding from Rental Rehab Grant 89/90 (Account No. 118-1975-554-60.23). -5- 7/10/90 5. Landscaping and Irrigation - LaMat Avenue between South Federal Highway and Florida Boulevard - Aquamatic Sprinkler Systems, Inc., in the amount of $17,220.88 with funding from General Construction Fund - Drainage Projects (Account No. 334-3161-541-60.56). Low Bidder was non-responsive. 6. Annual Contract - Fire Hydrants - Hughes Supply, Inc. in the amount of $22,356 with funding from Water and Sewer Capital Outlay - Distribution Systems (Account No. 441-5161-536-60.68). 7. Sanitary Sewer Installation - N.W. 7th Street - Southern Pipeline, Inc., in the amount of $19,343.90 with funding from Water and Sewer Fund Sewer System/Mains and Lines (Account No. 441-5161-536-60.66). Dr. Alperin moved for approval of the Consent Agenda, as amended, 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. 9. Regular Agenda. 9.A. Golf Course Interim Management Agreement. The Commission is to consider approval of a golf course interim management agreement and identify a funding source for payment of services. Approval is recom- mended. The City Manager stated there is one portion he would like to remove on Page three, relative to the incentives, if the Agreement should be extended beyond December 31st, 1990. It is not written exactly as intended and there are other factors that should be consid- ered. His suggestion is, if the remainder of the agreement meets with Commission approval, it can be signed and put in place. This paragraph will then be deleted and staff will be instructed to advise the contrac- tor to submit an appropriate incentive provision to be added at a later date. Mayor Lynch expressed the feeling that, if fees are to be raised, there should be some relationship built into the profit. The City Manager stated the intent was that a budget would be adopted that would include any fee changes for the year and would show a surplus, profit or operating gain. The incentive would be on any additional profit over and above that anticipated in the budget. If nothing else is changed, that portion needs to be changed. Mayor Lynch also comment- ed that he would like it to be flexible enough, should the City not exceed the operating profit, that a bonus may be given if the Management Firm does a great job. The City Manager stated he feels there are a number of factors that should be taken into account, but there was not enough time. Mr. Dubin, representing the Management Firm, responded to a concern of Mr. Randolph relative to the number of complimentary rounds per month by advising that this is a standard practice and 50 compli- mentary rounds is considered low. Those times are at the discretion of the golf pro and will average about one and one-half players per day. -6- 7/10/90 Mr. Andrews requested that a correction be made on Page Two, Item 4. - Term of Agreement - on the fifth line, with reference to the date. The City Manager advised the date should read October 31. Mr. Andrews also expressed concern with the Travel Expenses and mileage. He feels this should be at the City's request. Mr. Dubin explained that this is not for local travel, but only when travel is requested by the City. Mr. Andrews further noted that he does not want this contract relevant to the USGA. Mr. Dubin expressed a desire that their firm would like to prepare a budget to prepare for Commission review. Mr. Andrews also stated that, at this time, he would like to delete "Clubhouse Renovation Projects" from the item on Page 11 that reads "Coordinate development of a Master Plan for the Golf Course and Clubhouse Renovation Projects", because he does not want to discuss the Clubhouse until the City has a Golf Course. The City Manager stated that, for the Master Plan, the City is looking at ten years. Mayor Lynch suggested, when Gerecter & Dubin return with a budget to be reviewed through the City Manager's office, the Commission give a consensus of the direction to be pursued and the City Manager and staff would then take over and make sure those directions are followed. Ms. McCarty questioned if there is another consultant available that can be retained and present a report to the Commission on specified dates in place of the USGA. The City Manager stated there are possibly persons available to submit an objective opinion, but he feels it is more important to learn the opinion of those persons actually playing the course. Referring to the USGA report, Ms. McCarty asked if the recommendation to close at least nine holes at a time, once a w%ek during the summer months for maintenance purposes, will be heeded. Mr. Dubin stated he would like to discuss this with his group prior to giving an answer. John Gerecter, Senior partner of Gerecter & Dubin, expressed his delight in being chosen by the City and for the outstanding coopera- tion shown. It is his feeling that the main need will be patience and understanding, including the time Mother Nature requires to allow these things to happen, in order that they might attain their goal. Ms. McCarty moved for approval of the Interim Management Agreement with Gerecter & Dubin, as amended, 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. 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. 21-90. Ordinance No. 21-90, amending the Code of Ordinances enacting a new chapter "Stormwater" to provide for the creation and establishment of a City-wide stormwater management system, is before the Commission for consideration on Second and FINAL Reading. -7- 7/10/90 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. 21-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 5 "PUBLIC WORKS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW CHAPTER 56 ENTITLED "STORMWATER," MAKING CERTAIN FINDINGS AND DETERMINA- TIONS; PROVIDING FOR THE CREATION AND ESTABLISHMENT OF A CITY-WIDE STORMWATER MANAGEMENT SYSTEM; AUTHORIZING THE COMBINING OF ALL STORMWATER FACILITIES PRESENTLY OWNED BY THE CITY OF DELRAY BEACH INTO SUCH UNIFIED STORMWATER MANAGEMENT SYSTEM; PROVIDING A FUNDING MECHANISM FOR FINANCING AND REFINANCING ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE STORMWATER MANAGE- MENT SYSTEM AS WELL AS THE COSTS OF OPERATION AND MAINTENANCE THEREOF; IMPOSING A STORMWATER MANAGEMENT ASSESSMENT ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH IN RELATION TO THE BENEFIT DERIVED FROM THE OPERATION, MAINTENANCE, IMPROVEMENT AND EXPANSION OF SUCH SYSTEM; PROVIDING FOR THE ESTABLISHMENT OF SUCH STORMWATER MANAGEMENT ASSESSMENTS BY RESOLUTION; PROVIDING FOR PENALTIES AND LIENS; ESTABLISHING AN INTERIM AND PERMANENT METHOD FOR THE COLLECTION OF THE STORMWATER MANAGEMENT ASSESSMENTS; PROVIDING A PROCE- DURE FOR ADJUSTMENT OF THE STORMWATER MANAGEMENT ASSESSMENTS; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE TO ADMINISTER THE STORMWATER MANAGE- MENT SYSTEM; AUTHORIZING THE ISSUANCE OF REVENUE BONDS TO FINANCE AND REFINANCE THE ACQUISITION OF ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE STORMWATER MANAGE- MENT SYSTEM; PROVIDING FOR THE TERMS OF PAYMENT OF SUCH BONDS; CREATING AND ESTABLISHING A STORMWATER MANAGEMENT ENTERPRISE FUND; SETTING FORTH CERTAIN DEFINITIONS; PROVIDING A REPEALER AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (Copy of Ordinance No. 21-90 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. 21-90 on Second and FINAL 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.B. Ordinance No. 22-90. Ordinance No. 22-90, amending Chapter ~50, "Building Regulations" of the Code of Ordinances to provide a fee schedule for change of contractor, failure to call for final inspection, 8 7/10/90 revised plan review and providing for conditional certificates of occupancy, 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. 22-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XV, "BUILDING REGULATIONS", CHAPTER 150, "BUILDING REGULATIONS" SECTION 150.016, "AMENDMENTS AND ADDITIONS TO CODE", BY AMENDING SECTION 107.4, "SCHEDULE OF PERMIT FEES"; BY REPEALING SUBSECTION 107.4.1.IV, "PERMIT FEES FOR LONG-TERM PERMITTING", AND ENACTING A NEW SUBSECTION 107.4.1.IV, "CHANGE OF CONTRACTOR", TO PROVIDE A FEE FOR A CHANGE OF CONTRACTOR AND ENACTING A NEW SUB- SECTION 107.4.1.V, "FAILURE TO CALL FOR FINAL INSPEC- TION''; TO PROVIDE FOR A FEE FOR FAILURE TO CALL FOR A FINAL INSPECTION; BY AMENDING SUBSECTION 107.4.1, SUBSECTION VIII, "PLAN-CHECKING FEES," TO PROVIDE THAT THERE SHALL BE A CHARGE FOR REVISED PLANS; BY AMENDING SUBSECTION 107.4.1.IX, "CERTIFICATE OF OCCUPANCY", TO PROVIDE FOR THE ISSUANCE OF CONDITIONAL CERTIFICATES OF OCCUPANCY; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 22-90 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. 22-90 on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Andrews questioned if a person wished to upgrade an item and took plans to either the Planning or Engineering Department who verbally approved the change, and the department that was not contacted cites the applicant for not obtaining a revised set of plans, will this ordinance correct that situation. The City Manager stated he is aware of a similar incident, but this ordinance will not solve that problem. At this point the roll was called to the motion. 11. Comments and Inquiries on Non-Agenda Items from the Public - Immediately following Public Hearings. -9- 7/10/90 11.1. Alice Finst, 707 Place Tavant, stated a situation has come to her attention regarding property that has been sold at a Sheriff's Office or a Tax Sale. This property was not posted as being in default and the neighbors were not aware of it. It is her understanding that a City employee in the Code Enforcement Department checks for these properties listed in the Palm Beach Review on a daily basis. She is requesting that these properties be listed and posted for the public. Mayor Lynch stated this will be looked into to see if this is feasible. 11.2. Ms. Finst commented that apparently when notices of Public Hearings before the P&Z Board are sent, the members do not receive a notice and she would like those members included in the mailing. David Kovacs, Planning Director, commented that the P&Z Board did not have quorums at the time of their regularly scheduled meeting to review those items. They will be briefed prior to the next meeting. 11.3. Ms. Finst stated, on the P&Z Board agenda for the workshop, it indicated there would be a preview of items for August consideration, but there was no list so there is no way for the Public to know whether a particular item will be discussed. This was repeated for the July 16, with no list of items. Mr. Kovacs advised this has been posted for two days. 11.4. Tom Watherspoon, 1111N.W. 6th Avenue, stated this morning FP&L installed a utility pole in front of his house, street lights have been installed and he now has wires in front of his house. He was not notified prior to this happening and he would like to know if there is an alternative method of obtaining lighting and whether or not this was absolutely necessary, since there has been none there for the past 38 years. By getting signatures from surrounding neighbors that seem to be opposed to this, could this procedure be prevented. Charles Axelrod, Acting City Engineer, stated the Engineering Department places street lights on all streets where requested for traffic or security reasons. This is done by FP&L at no cost to the City for the construction of the pole, the wiring or the lights, but only for a monthly charge. Mayor Lynch suggested, when a request is made, perhaps the homeowners or the Homeowners Association should be notified. Mr. Axelrod confirmed that this has temporarily been put on hold until further information has been relayed to the City Manager. 11.5. John Freeney, 125 N.E. 10th Street, stated there is a water problem in his area that has been reported many times and it is not getting any better. The City Manager advised that the Stormwater Ordinance that was adopted by the Commission tonight will allow the City to correct these drainage problems at various locations. 12. First Readings. 12.A. Ordinance No. 23-90. Ordinance No. 23-90, establishing general guidelines for the City advisory boards and committees, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held July 24th. The City Manager presented Ordinance No. 23-90: -10- 7/10/90 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINIS- TRATION'', CHAPTER 32, "DEPARTMENTS, BOARDS, AND COMMISSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBHEADING, "ADVISORY BOARDS AND COMMITTEES"; BY ENACTING A NEW SECTION 32.05, "COMPOSITION OF BOARDS AND COMMITTEES; GENERALLY"; BY ENACTING A NEW SECTION 32.07, "MEMBER- SHIP QUALIFICATIONS/REQUIREMENTS"; BY ENACTING A NEW SECTION 32.08, "LENGTH OF TERMS; RESTRICTIONS"; BY ENACTING A NEW SECTION 32.09, "EXPIRATION OF TERMS; COMMENCEMENT OF TERMS"; AND BY ENACTING A NEW SECTION 32.10, "VACANCIES"; ALL TO PROVIDE GENERAL ADMINISTRA- TIVE GUIDELINES FOR ADVISORY BOARDS AND COMMITTEES; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 23-90 on First Reading, 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. 12.B. Ordinance No. 24-90. Ordinance No. 24-90, creating the Educa- tion Board as a permanent City Advisory Board, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held July 24th. The City Manager presented Ordinance No. 24-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINIS- TRATION'', CHAPTER 32, "DEPARTMENTS, BOARDS, AND COMMISSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBHEADING, "EDUCATION BOARD"; BY ENACTING A NEW SECTION 32.25, "ESTABLISHMENT"; BY ENACTING A NEW SECTION 32.26, "COMPOSITION; APPOINTMENT; TERMS"; BY ENACTING A NEW SECTION 32.27, "ORGANIZATION"; BY ENACTING A NEW SECTION 32.28, "QUALIFICATIONS OF MEMBERS"; BY ENACT- ING A NEW SECTION 32.29, "DUTIES AND RESPONSIBILI- TIES''; AND BY ENACTING A NEW SECTION 32.30, "MEETINGS; REPORTS"; ALL TO PROVIDE FOR THE CREATION OF THE EDUCATION BOARD AS A PERMANENT ADVISORY BODY TO THE CITY COMMISSION; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE, PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 24-90 on First Reading, seconded by Mr. Andrews. -11- 7/10/90 The City Manager advised the Commission that they were given a recommendation for a change in Section 32.28 regarding the qualifica- tions of members and requested their pleasure. Lula Butler, Director of Community Improvement, stated the Board wanted to maintain a balance because the current ordinance was to read only that those members must be a resident of Delray Beach or have a child attending Public School. They wanted it specifically designated that one member be a business owner, a realtor with a business located in Delray Beach, a parent or a resident. Dr. Alperin commented that, when the board was established, the emphasis was on having someone representing real estate because of the real estate concerns along with a business representative. The City Attorney advised that presently the entire board could be made up of people who simply have children attending schools and none of them might be a real estate person or a business person. If it is the intent of the Commission to always have that mix on the board, that should be reflected in the ordinance and it can be amended. Ms. McCarty amended her motion to reflect the intent in the ordinance to have representation from the business, real estate and education elements of the community when at all possible. Mr. Andrews amended his second. 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. At this time the Commission returned to the Regular Agenda. 9.A.1. Resolution No. 69-90. Resolution No. 69-90, amending Resolu- tion No. 5-90 to provide for a $75,000 increase in estimated revenues and expenditures/expenses in the FY 1989/90 Approved Budget for the Municipal Golf Course, is before the Commission for consideration. The City Manager presented Resolution No. 69-90: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 5-90 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPEN- DITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 1989-90, BY INCREASING THE DELRAY GOLF COURSE BUDGET BY $75,000; SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THAT FUND FOR THE FISCAL YEAR 1989-90; TO REPEAL ALL RESOLUTIONS AND ORDINANCES INCON- SISTENT HEREWITH. (Copy of Resolution No. 69-90 is on file in the official Resolution Book) The City Manager stated the purpose of the resolution is to put some operating money in the Golf Course Fund budget in order that budgeted funds are available to authorize expenditures that will com- mence tomorrow. This is an interim measure prior to a budget being developed within the next two weeks and staff will submit a real budget to the Commission, either at the next meeting or the meeting to follow. -12- 7/10/90 Dr. Alperin moved for the adoption of Resolution No. 69-90, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.B. Request for Dock Variance. The Commission is to consider a request for a dock variance from the property owner at 911 Eve Street. The Engineering Department reversed their recommendation from denial and now recommend approval. Mr. Axelrod stated the applicant submitted a plan showing a 10 foot setback on one side and a zero setback on the other. The City Code requires 10 feet on each side. The adjacent property owners were notified of the request and no objections were voiced. At that time the Engineering Department felt this was not a hardship and recommended denial. Since that time the Engineering Department has reviewed the dock site and found five feet removed from the end, allowing a five foot setback opposed to a zero setback, and have reversed the original decision now recommending that this dock be accepted with a five foot setback. Dr. Alperin commented that he feels it unfair to those property owners who have complied with the 10 foot setback by allowing this applicant to have a five foot setback. Mr. Axelrod stated the two adjacent property owners did not choose to request a variance, but complied with the Code. Ms. McCarty moved for approval of the dock variance, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. 9.C. Request for Waiver of Zoninq Code. The Commission is to consider a request~for a waiver of Section 173.887(A) (1) from Suncoast Savings and Loan Association (Gulfstream Building) to permit a rezoning application to be submitted prior to the 12 month waiting time required by Code. Mr. Kovacs stated the Code has limitations as to when a Zoning Petition, that has been denied, can be refiled. Those limitations are: that an applicant cannot refile for the same zoning within one year after denial; or, no other zoning can be applied for on that property within six months after denial. An additional provision states this may be waived by the Commission if they make one of the following two findings: 1) Either that an injustice would be created upon the pro- perty owner or 2) That it is in the City's best interest. Therefore, Michael S. Weiner, Agent for the applicant, has petitioned that he be allowed to submit a new application for a different zoning district, on the basis of an injustice to his client, if he is not allowed to do so. Mr. Weiner, in response to a question by Mayor Lynch as to why this is an injustice, stated an application for LC Zoning for the Gulfstream Building was made to the City on May 4, 1990. After action by Planning and Zoning on June 18, 1990, he called the Planning Depart- ment objecting to their recommendation. He was informed that a -13- 7/10/90 Commission date would be accepted if he placed it in writing. This letter was hand-delivered to the Planning and Zoning Department on June 21, 1990, specifically requesting the date of July 24, 1990 and, upon receiving no response, he assumed the date was accepted so there was no representative present at the June 26, 1990 meeting. Mr. Kovacs stated one of the options before the Commission at the last meeting, when this was denied, was to continue it or to accept an amended petition. David Armstrong, representative of the law firm representing the residents of Waterway North, stated they are objecting to the waiver. Ms. McCarty commented she is comfortable with the fact that had the applicant known that the item was on the agenda of the June 26th meeting, he would have been in attendance. She also feels there is no harm in listening to another petition, as it may be something that is a better situation for all involved. Mr. Randolph stated he feels no injustice would be done by granting the request. Ms. McCarty moved to approve the request for the waiver of zoning code to be able to begin the process immediately prior to a six month time period, seconded by Mr. Andrews. Upon roll call the Commis- sion voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - No. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Kovacs recommended that the Commission choose the six month waiver on the basis that the Planning and Zoning Department makes their analysis on the petitions submitted and he would not want to do an analysis on something that obviously is going to be changed. Mayor Lynch asked if the Commission is setting a precedent that may be dangerous. Assistant City Attorney Ruby responded, not if a finding is made that it is necessary for proper development of the City, in this particular case. At this point the roll was called to the motion. 9.D. Request for Waiver of Setback Requirement. The Commission is to consider a request for a waiver of the setback requirement from Total Golf Inc., to erect a 40 square foot free-standing sign on Congress Avenue in the landscape island which is located within 10 feet of the property line of the Delray Commercial Center. Approval is recommended. Mayor Lynch left the Commission Chambers at this time and Vice-Mayor McCarty took the Chair. Assistant City Attorney Ruby stated the ordinance permits placement of signs in special setback areas and this area falls into that special setback area. They can be 10 feet from the right-of-way and measure a total of 40 square feet if approved by the Commission. There are also provisions in the ordinance for certain agreements; for -14- 7/10/90 example, that the applicant would agree to move the sign, should the City need that right-of-way, certain bonding requirements, etc. Mr. Randolph moved for approval of the waiver, subject to CAB conditions, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 4 to 0 vote. 9.E. Rejection of Bid Award. The Commission is to consider the rejection of a single bid from Coastal Construction Services for annual lot clearing and mowing contract and authorize staff to rebid this project. Approval is recommended. The City Manager advised only one bid was received for lot clearing and mowing contract; it was defective and, if rejected, it will be rebid. Dr. Alperin moved for rejection of the bid, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Vice-Mayor McCarty - Yes; Dr. Alperin - Yes Said motion passed with a 4 to 0 vote. 9.F. Service Authorization. The Commission is to consider service authorization to the contract between the City and Gee and Jensen for review of land development projects, plans and permit applications for marine facilities and assistance on engineering issues as an interim measure until a professional City Engineer is hired. These services would be used on an "as needed" basis at a cost not to exceed $11,000. Funding is available in Engineering General Operation/Consulting (Ac- count No. 001-2911-519-33.11). Approval is recommended. The City Manager stated with the resignation of Gates Castle, the City has no State Certified Engineer on staff. There are design engineers that are doing design work that needs to be sealed by regis- tered professional engineers. In addition, there are occasionally developments that need to be reviewed by a professional engineer. The purpose of this contract is to allow the City to use the services of Gee and Jensen when necessary. Dr. Alperin requested clarification of the language in the Service Authorization stating an $11,000 estimate and, further on, states not to exceed $11,000. Assistant City Attorney Ruby stated the word "estimate" could be deleted leaving the words "not to exceed". Dr. Alperin moved for approval of the authorization with the modification of removal of "estimate", seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Vice-Mayor McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0 vote. 9.G. ~reement between the City and Florida Department of Transpor- tation (FDOT). The Commission is to consider executing an agreement between the City and FDOT to permit relocation of two existing CSX Railway flashing lights and gates on S.W. 10th Street. -15- 7/10/90 The City Manager stated this was originally forwarded to the City in February, 1990, and the question raised by the City Attorney has not yet been resolved. The Agreement contains an indemnification clause which the City would normally consider unacceptable. The project is to move these crossing signals further away from the edge of the pavement and is to be paid for by Federal and State funds. It is his feeling that the risk is so remote the City should proceed. Assistant City Attorney Ruby commented another problem may be that the City is to indemnify for any sole negligence of the DOT and if it was not the sole negligence, there may also be a problem there. Mr. Andrews moved for approval of the Agreement, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Vice-Mayor McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.H. Authorization to Retain Counsel. The Commission is to consider authorizing the City Attorney's office to retain outside counsel for appellate purposes on the Aero-Dri matter. Mayor Lynch returned to the Commission Chambers at this time. The City Attorney stated this item is retention of outside counsel to aid in the anticipated appeals and the execution of the judgement received. He suggested that the firm of Crowell & Moring be retained to assist in the appellate proceedings and also Steve Berger, an attorney who has a lot of experience in Florida appellate procedure and work. With respect to the execution of the judgement and suing the insurance companies, which is anticipated, he suggested that Steve Berger again be retained along with the firm of Peterson and Bernard, who is experienced in pollution exclusion clauses, the primary area in which insurance companies will be defending this action and claiming they do not owe the money. A secondary part of this item is to author- ize the appeal of the directed verdict against the City in favor of the Rossettis, the landowners. Upon question by Mayor Lynch with regard to the dollar amount for this counsel, the City Attorney estimated the total cost to be in the area of $200,000 or more to collect a judgement of $8.7 million dollars. There is also a possibility that this matter will be resolved through a negotiated settlement. Mr. Randolph asked the amount of the appeal against the Rossettis; the City Attorney responded it would be an approximate amount of $25,000 to $40,000. In response to Ms. McCarty's question as to the total amount of attorney's fees to date, the City Attorney advised the total, through trial, including attorney fees and outside experts will be in the neighborhood of $800,000 to $850,000. Mayor Lynch asked for the total cost of the cleanup, to which the City Attorney advised, to date is between $3.2 to $3.3 million dollars. Ms. McCarty requested a comparison between a negotiation situation and a court process. The City Attorney stated, if the City does not protect and defend or prosecute the appellate rights, the basis for negotiation is lost. At this point there are post trial motions, which have primarily been handled by the City Attorney's office who will -16- 7/10/90 c6ntinSe to handle them. The execution will take place when the post trial motions are finished. Mayor Lynch stated he feels the City needs a consensus from the Commission to let it be known that it will be debated all the way, but he would like to be informed of the results and the costs on a monthly basis. Mr. Randolph moved to approve authorization to retain outside counsel, seconded by Mr. Andrews. The City Attorney advised, either by a separate motion or included in the current motion, he is asking for the authority to file an appeal with regard to the Rossetti matter. Mr. Randolph amended his motion to include approval of the authorization to file an appeal, Mr. Andrews amended his second. 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. 9.I. Appointment of a Member to the Community Appearance Board. The Commission is to consider appointing an alternate member to fill the unexpired term of Norman Radin on the Community Appearance Board to a term ending March 14, 1991. This is a Seat 4 appointment. Mr. Randolph moved to appoint Sandra W. Almy, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. 9.J. Appointment of a Member to the Public Employees Relation Commission (PERC). The Commission is to consider appointing a member to PERC to a term ending June 26, 1994 to fill the vacant managerial position. This is a Seat 4 appointment. Mr. Randolph moved to appoint Dr. Jack Crespin, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Ms. McCarty - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.K. Appointment of a Member to the Community Redevelopment Agency (CRA). The Commission is to consider the appointment of a member to the CRA to a term ending July 10, 1994 to fill the expired term of Kevin Egan. This is the Mayor's appointment. Mayor Lynch recommended that Kevin Egan be reappointed. Ms. McCarty moved to appoint Kevin Egan, 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. 9.L. Appointment of Three Members to the Delray Beach Housing Authority. The Commission is to consider the appointment of three members to the Housing Authority. Seat 1 is the informal recommendation -17- 7/10/90 of a member to fill the expired term of Eugene Strews to a term ending July 14, 1994. Seat 2 is the informal recommendation of a member to fill the expired term of Jeanette Slavin to a term ending July 14, 1994. Seat 3 is the informal recommendation of a member to fill the expired term of Davis Hornsby to a term ending July 14, 1994. Mayor Lynch stated he would like these recommendations for members to be placed on the Special Meeting and Workshop agenda for next Tuesday night. Seat 3 must be a resident or someone who is under Section 8 of the Housing Program. Ms. McCarty recommended Nadine Hart to fulfill the expired term of Eugene Strews. Dr. Alperin recommended H. Rick Zazzi, currently Vice-Chairman of Human Relations. Mr. Andrews had no recommendations at this time. 9.M. Appointment of a Member to the Civil Service Board. The Commission is to consider the appointment of a member as an alternate to the Civil Service Board to fill the vacancy created by the appointment of David Henninger as a regular member, to a term ending July 1, 1991. This a a Seat 4 appointment. Mr. Randolph moved to appoint Sam Portnay, seconded by Ms. McCarty. 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. 9.N. Appointment of an Alternate Member to the Palm Beach County Municipal League. The Commission is to consider the appointment of a Commission member to serve as an alternate member on the Palm Beach Municipal League. Mr. Randolph, current member, requested that he be appointed as the alternate member, as the meeting time is interfering with his employment. Ms. McCarty stated she would be happy to do this for Mr. Randolph. Mr. Randolph moved to approve Ms. McCarty as a regular member of the Palm Beach County Municipal League, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin moved to approve the appointment of Commissioner Randolph as an alternate member to the Palm Beach County Municipal League, 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. 9.0. Authorization to Participate in International City Managers Association (ICMA) 457 Deferred Compensation Plan. The Commission is to consider authorizing all full-time employees to participate, with voluntary contributions, to the ICMA 457 Deferred Compensation Plan. Approval is recommended. -18- 7/10/90 Mayor Lynch left the Commission Chambers at this time and Vice-Mayor McCarty took the Chair. The City Manager stated this will allow Department Heads to opt out of the Pension Plan and participate in the Deferred Compensation Plan. This is a different situation and authority is requested to offer this plan to all employees who are legally eligible to participate. Employees will not be allowed to opt out of the Pension Plan, but they would be able to put pre tax dollars into this in the form of a savings plan. The law allows an employee to put a maximum of 25%, or $7500 per year into the plan, to be drawn out upon retirement. Mr. Randolph moved approval of authorization for all employees to participate in the ICMA Deferred Compensation Plan, on a voluntary basis, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 4 to 0 vote. Vice-Mayor McCarty requested that Item 9.P. be discussed when Mayor Lynch returns to the Commission chambers. 9.Q. Land Development Regulations (LDRs). The Commission is to consider providing direction regarding notification for zoning map amendments relative to the LDR process. The City Manager commented this item was discussed last week and the Commission gave direction not to include the map in the newspa- per due to the monetary cost, but it was pointed out by the Sign Direc- tor that the cost will be paid for from the Grant and not the City's local funds. Mr. Randolph moved to approve the inclusion of the map, second- ed by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Vice-Mayor McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.R. 1990 USA National Team Trials. The Commission is to consider formally approving the consensus reached at the July 3rd Workshop Meeting, along with the approval of a funding source, to host the 1990 USA National Team Baseball Trials. The City Manager stated formal approval is requested by the Palm Beach County Sports Authority to bring the National Baseball Team Trials to the City in November. This will require making funding available in the amount of $12,500, which will come from the Parks and Recreation Contingency Fund. If the project is as successful as antici- pated, the City expects to recoup most, if not all, of this amount. Dr. Alperin moved for approval, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Vice-Mayor McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0 vote. 9.S. Service Authorization No. 2. The Commission is to consider approval of Service Authorization No. 2 to the Engineering Services -19- 7/10/90 Contract with CH2M Hill in the amount of $29,500 for remedial hurricane protection improvements for the Water Treatment Plant conversion. Funding is available in the 1990 Water and Sewer Revenue Bond Issue (interim financing from $8,000,000 Line of Credit). Approval is recom- mended. The City Manager stated at the last regular Commission meeting staff was directed to review this with the possibility of using in-house engineering personnel. After discussing this with Mr. Greenwood, it has been agreed that with the current shortage of staff, it is not possible to do this type of work. In response to Mr. Andrews question relative to obtaining shop drawings from a company that could be passed on to current employees, the City Manager explained it is not that simple. A replacement wall must be designed for the existing fiberglass panels that will withstand the wind load. This requires sealed drawings and structural engineering for which the City has neither the time or expertise. At this time Mayor Lynch returned to the Commission Chambers and took the Chair. Mr. Greenwood advised the entire east side of the existing Water Treatment Plant is fiberglass panels, including the chemical feed building. The north wall is wood studs and must be structurally ana- lyzed and evaluated with signed and sealed drawings to be performed at a construction cost of approximately $250,000. Mayor Lynch asked if the new City Engineer, yet to be hired, would be able to do this work. The City Manager advised it will be the end of July or mid August before all resumes are in making it the last of September or the beginning of October before a new City Engineer will commence work. Mr. Greenwood stated he was hoping to have this out to bid in August, with the storm shutters in place by October 1st. The wall construction will probably not be completed by the first of the year. Mr. Andrews moved for approval of Service Authorization No. 2, 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. At this time the Commission returned to Item 9.P. which was postponed until Mayor Lynch returned to the Chambers. 9.P. Resolution No. 68-90. Resolution No. 68-90, creating the Neighborhoods Task Force, establishing membership requirements, appoint- ing members and providing for a sunset date of December 1, 1990, is before the Commission for consideration. Approval is recommended. The City Manager presented Resolution No. 68-90: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ESTABLISHMENT OF THE NEIGHBORHOODS TASK FORCE IN FULFILLING POLICIES OF COMPLIANCE WITH THE HOUSING ELEMENT OF THE COMPREHENSIVE PLAN FOR THE PROVISION OF SAFE AND ADEQUATE HOUSING. -20- 7/10/90 (Copy of Resolution No. 68-90 is on file in the official Resolution Book) Ms. McCarty moved for the adoption of Resolution No. 68-90, 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. Mayor Lynch suggested Commissioner Alperin begin with his assignment list. Dr. Alperin stated, for the Delray Shores Area, he would like to appoint Del Jester. He commented that he is still working on the area near Germantown Road and Delray Estates. Mr. Randolph submitted the name of Veronica Bowleg from the Carver Estates area, naming Lillian Harris as an alternate. He stated he is working on the second area and will have a name soon. Mr. Andrews had no names to submit at this time. Ms. McCarty submitted the names of Sandy Jamison for the Del Ida area and Steve Wexel from the Tropic Bay/Lindell area. Mayor Lynch questioned if the Commission concurred in having the designated persons be the Chairmen of the Housing Element Task Team, the Planning and Zoning Board and the CRA. The Commission concurred. He commented that he would have the remainder of his appointments on Tuesday. 9.T. Procacci Vs. City of Delray Beach. The Commission is to consider authorizing the City to file a petition for a Writ of Certiorari. The City Attorney advised that the motion to dismiss was partially successful by eliminating all but one of the counts in the complaint. The remaining count concerns the breach of promise by the Commission. He and outside counsel feel, even if those allegations that form the basis of their remaining count are true, it will make no difference because this Commission or any future Commissions cannot enter into Contract Zoning and no damages would be collectible. The Trial Court Judge did not dismiss the count at this time so it is felt the issue is right to be taken up to the Fourth District Court of Appeal by Writ of Certiorari. Therefore, this is a request for authorization to file a petition and that the Trial Court action be stayed. Upon question by Mr. Randolph as to the time frame involved, the City Attorney stated he would estimate that it will be approximately one year. He feels the Writ of Certiorari is the most effective move at this time and will produce the fastest resolution. Mr. Randolph moved to approve authorization, 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. -21- 7/10/90 13. Comments and Inquiries on Non-Agenda Items. 13.A.1. Dr. Alperin complimented Frank Spence, Executive Director of the CRA, on his proposal and solution to the Spady School Concept. He felt it was an excellent presentation. 13.A.2. Dr. Alperin questioned when a discussion is to take place relative to changes to the Charter. The City Manager advised this is scheduled for the Worksession of July 31st. 13.A.3. Dr. Alperin stated, being the City representative of the South County Council of Governments, he would like everyone to be aware of a meeting tomorrow afternoon in the Commission Chambers in Boynton Beach City Hall at 4:00 P.M., when Ross Leonard, a Senior Government Analyst on drug policy, will speak. 13.A.4. Ms. McCarty questioned the City Manager, relative to the concerns of a resident, regarding the number of City employees used to plant flowers on East Atlantic Avenue this past Saturday and Sunday, what they were paid and how many hours of overtime was used. 13.A.5. Ms. McCarty commented that she would like to know if the Commission concurs with the Rules and Regulations system initiated to have the public write their name and address on the note pad at the speakers microphone. If so, she feels there should be a sign indicating the new policy, the names should be given to the Mayor prior to the beginning of the meeting so he can be aware of those persons wishing to speak. Mayor Lynch suggested this be discussed at the next workshop meeting. 13.A.6. Ms. McCarty questioned the City Manager about the meeting with the City Manager of Boca Raton. The City Manager commented that they did not identify any policy issues to merit a joint Commission meeting. Ms. McCarty stated she feels the school issues can be shared, along with the widening of Dixie Highway north of Yamato Road, the Sales Tax issue and perhaps the Solid Waste Authority issue. Mr. Andrews commented he feels joint personnel issues, for example, pre-qualifications for Police Officers and Firemen could possibly be done at the same time along with other issues that could be worked as a joint effort between the cities. The City Manager stated joint training efforts were discussed, but this can be done administratively with no need to involve the Commission. Mayor Lynch stated the City of Boynton has trained their dispatchers to be able to give emergency information over the phone and Boca is planning the same training. He feels the City of Delray should be participating or at least taking a good look at it. 13.A.7. Ms. McCarty stated she contacted Linda Johnson with regard to a meeting before the July 23rd School Board meeting. She was not too optimistic, as Mr. Mills was out of town. Upon question, the City Manager advised he did not get in touch with Mr. Mills today. 13.A.8. Ms. McCarty suggested perhaps there could be some explanation placed in the Neighborhood News regarding the Solid Waste Authority bills that have been received. The City Manager stated there is a collection charge and a disposal charge which was $7.80 per household -22- 7/10/90 per m~nth. There is also a recycling charge, administrative charges and a charge for collection of yard trash. There is a Public Hearing on this issue on July 31st at 6:00 P.M. at City Hall in West Palm Beach, for those who wish to attend. 13.A.9. Mayor Lynch commented there is a great deal of concern about fluoride in the water and he feels it should be reviewed. 13.A.10. Mayor Lynch stated, with regard to the wall around Walmart, he understands that it has been changed to hedging and he feels Walmart should be contacted and construction of a wall pursued. Mr. Kovacs advised there has been no change, it was approved originallv with hedging. 13.A.11. Mayor Lynch stated it is his understanding that the County is cutting back on three roads due to a lack of funds. He would like to know the consensus of the Commission as to their feelings on the four- laning of Lake Ida Road from Congress Avenue to Military Trail and have the County Commission so informed. Mr. Kovacs advised, in the Comp Plan, the City was able to make incurrency finds with development projects that impact the road by saying it is in the schedule of im- provements to come on line in 1991/92. It it is removed, the City will have an arterial road with a substandard level of service. Mayor Lynch asked that the Commission give some consideration to this. 13.B. There were no comments or inquiries from the City Attorney. 13.C.1. The City Manager stated he spoke with the District Manager for FP&L, who is very optimistic that the PSC will approve a demonstration project in Delray to install the low pressure sodium lights on A1A. The hoods currently on the lights are keeping more light off the beach, but they will continue to pursue the low sodium option. 13.C.2. The City Manager, in response to Mr. Andrew's question regard- ing the number of personnel making a salary of over $40,000, stated there are a total of 82 employees (52 of which are sworn Police Officers and Firefighters) which comprises 12.48% of the total employment and 24% of the total payroll not including overtime or top out pay. Mayor Lynch declared the meeting adjourned at 9:35 P.M. C'ity Cler~ ATTEST: -23- 7/10/90 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 July 10, 1990, which minutes were formally approved and adopted by the City Commission on ~(l~,/ ~, /~ - ~ 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. -24- 7/10/90