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03-14-89 M~RCH 14, 1989 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice-Mayor Jimmy Weatherspoon in the Commission Chsnbers at City Hall at 7-05 P.M., Tuesday, March 14, 1989. 1. Roll c~ll showed: Present - Commissioner Patricia Brainerd Commissioner Marie Horenburger Commissioner Jimmy Weatherspoon Absent - Commissioner Mary McCarty Mayor Doak S. Campbell Also present were - City Manager Walter O. Barry and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Rabbi Samuel Silver, Temple ~inai. 3. The Pledge of Allegiance to the flag of the United States of 'America was given. 4.A. Vice-Mayor Weatherspoon presented a proclamation along with congratulations from the Commission, to Mr. and Mrs. Max Bleiman, who will be celebrating their 60th Wedding Anniversary7 on March 18, 1989. 4.B. Vice-Mayor Weatherspoon presented a proclamation proclaiming the week of March 24 - 31 as "National Community Development Week". FIRST READINGS 5. Ordinance No. 9-89: Re.q~.es~ for Rezoning. Fl~hr .P~operty~ Ordinance No. 9-89, rezoning ~roperty lo~ated on the east and west sides of A1A (Ocean Boulevard) between the Atlantic Ocean and Intracoastal Waterway contiguous to Highland Beach from RM-15 to SAD, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held March 28th. (This item was tabled at the meeting of March 7th). Ms. Horenburger moved to remove this item from the table, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. The City Manager presented Ordinance No. 9-89: AN ORDINANCE OF THE CITY COmmISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT IN SAD (SPECIAL ACTIVITIES) DISTRICT FOR THE SOUTH 100 FEET OF THE NORTH ONE-HALF (N 1/2) OF SECTION 28, TOWNSHIP 46 SOUTh, RANGE 43 EAST, LYING ~ST OF THE ATLANTIC OCEAN AND EAST OF THE EAST RIGHT-OF-WAY LINE OF THE INTRACOASTAL WATERWAY, LESS THAT PORTION DEDICATED TO STATE ROAD A-l-A, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED BETWEEN THE INTRACOASTAL WATERWAY AND THE ATLANTIC OCEAN, APPROX- IMATELY 2,750 FEET SOUTH OF LINTON BOULEVARD; AND AMEND- ING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVID- ING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLA~SE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Vice-Mayor Weatherspoon stated since this ordinance has been discussed at great length and research indicates there is no need to return this to Planning & Zoning, there will be no further discussion tonight. Ms. Brainerd moved for denial of Ordinance No. 9-89, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. 6. Ordinance No. 21-89: Ordinance No. 21-89, amending Title V, Chapter 52, by adding a new Section 52.20 making it unlawful to ~eny or obstruct access to read or repair water meters, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held March 28th. The City Manager presented Ordinance No. 21-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 52, "WATER", "METERS", BY ENACTING A NEW SECTION 52.20, "ACCESS TO WATER METERS AND APPURTENANCES"; TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY PERSON TO INTERFERE, DENY OR RESTRICT ACCESS TO WATER METERS OR THEIR APPURTENANCES BY THE CITY'S AGENTS OR EMPLOYEES FOR THE PURPOSE OF MAKING PERIODIC METER READINGS, REPAIRS, REMOVAL, OR DISCONNECTION OF SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. Vice Mayor Weatherspoon declared a recess the time being 7:19 P.M. The meeting reconvened at 7:22 P.M. The City Attorney read the caption of the ordinance. The City Manager stated this ordinance is to provide additional protection for staff in circumstances where it is difficult to read water meters and allowing options for residents to make arrangements or to move the meter. Ms. Horenburger moved to approve Ordinance No. 21-89 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. Before roll call the following discussion was had: Ms. Brainerd commented that Florida Power and Light makes plastic forms available to residents to allow them to read the meter themselves and that might be something to investigate. At this point the roll was called to the motion. PROCEDURAL ITEMS 7.1. ~a.y Slavin, Rainberry Bay, stated she is inviting all the residents of Delray to view the Episcopal Church located at the corner of Homewood Boulevard and West Atlantic Avenue, designed by Digby Bridges, a most beautiful addition to the neighborhood. 7.2. Richard Eckerle, resident, stated there is a small area north of the previously-mentioned church that is not sodded, but complete ground cover and irrigation will be in place within six months. 7.3. Donald Reed, Attorney representing the Flohr's, stated his client has had no hearing on Item No. 5 other than with the Planning and Zoning Board. It was his understanding they would be given the right to present to the Commission the reason that some consideration should have been given to their application. He feels by the action of the Commis- sion tonight, they have been deprived of any right to make a presenta- tion. Ms. Horenburger requested an opinion from the City Attorney, who advised that the applicant was given an opportunity to make all those presentations at the time of First Reading on March 7, 1989. At that time, it was endeavored to pass a motion, but the motion did not have the required number of affirmative votes so it resulted in a motion -2- 3/14/89 to table and it was referred to this meeting tonight. A Public Hearing is not required on a First Reading. If Mr. Reed has a different presen- tation to make before the Commission in the nature of a rehearing request, he can surely do that. Mr. Reed advised that the request his client has is different than the application and, since there has been no opportunity to discuss this, he was hoping that opportunity would present itself tonight. The City Attorney advised if Mr. Reed has information that is different than what was before the Commission on March 7th, he should submit it in writing to the Commission, it will be placed on the agenda for the next Regular Meeting of March 28th and a motion for rehearing can be considered at that time. A rehearing can be set for a future date if the Commission concurs. 8. The City Attorney stated he would like to delete Item No. 10. He also requested an addition of two items, one for which will need a formal vote, which will be Item No. ll.C. and the other needing Commis- sion direction in order to advertise prior to placing it on the agenda. Ms. Horenburger moved for approval of the Agenda, as modified, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. Regular Agenda 9. Funding Request - Science Museum of Palm Beach County: The Commission is to consider a request from the Science Museum of Palm Beach County for financial aid. The City Manager stated he and Mayor Campbell met with the Municipal League where the former Mayor of West Palm Beach requested that the City consider an amount of money to fund the Museum during the cash flow problem they are currently experiencing. A Delray Beach Day was proposed, where any resident who could demonstrate residency in Delray Beach would be admitted free. If the Commission concurs in participating in this funding, he suggests a caveat should be added that a Delray Beach Day be considered. Ms. Horenburger questioned if there was discussion relative to the Museum's history of the past year. It is her understanding that the Science Museum is County-wide with a branch in Boca Raton, and that recently split as there were financial problems with the north museum and the Boca Raton museum south. She would like to be better informed with regard to the structure, the split and the reason it came about. Ms. Brainerd stated she would like the museum, perhaps through Bob Johnson, the Executive Director, to know that her personal philos- ophy is that she does not vote yes on any funding without backup materi- al that provides their budget and where they receive their other sources of income. Ms. Brainerd moved to postpone the funding request from the Science Museum subject to more backup information, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. Before roll call the following discussion was had: Vice-Mayor Weatherspoon stated he also agrees and added this may be an appropriate item to be considered during the budgetary pro- cess. With regard to the Delray Beach Day, he suggested they encourage residents to attend the museum and pay, thereby helping with the cash flow. At this point the roll was called to the motion. 11. City Attorney Support Services for the Community Redevelopment Agency (CRA): The Commission is to consider providing legal support for the CRA from the City Attorney's office. -3- 3/14/89 The City Attorney stated a request has been received from the CRA to have the City Attorney's office perform as counsel to the CRA. It is legally permissible and is before the Commission to direct that to be done for the CRA. He commented that there will be situations, in the future, where the office will have a conflict of interest and when that conflict arises, his allegiance will be with the Commission and the City and not with the CRA. In the drafting of any agreements with regard to costs or payments for the Parking Garage, he will draft them, but they will be drafted in favor of the City. It will be necessary for the CRA to obtain their own Counsel to tell them whether he has treated them fairly. Another item for consideration is whether or not the CRA wants a member of the office to attend their meetings. He would like the Commission to be aware that the three lawyers, who have been with the City for the past four years and the number of additional agencies and Board meetings they are required to attend on a regular basis, are being stretched very thin. He added that he would monitor this situation and if the in-house work, as well as the meeting attendance, begins to over come that which needs to be done for the City of Delray, he will not hesitate to let the Commission know. Ms. Horenburger stated, while she does not have a problem with giving some assistance to the CRA with regard to legal help, she is not sure it should come from the City Attorney's office. She would prefer the City assist in the funding on a short term basis. Ms. Brainerd stated some time ago the City received a request to forgive the debt of the CRA, now there is a request to supply legal services and she feels they should attend Commission Meetings where communication happens. She would be more inclined to approve a monetary service to them rather than a staff service. The City Manager stated this was an attempt to speak to both the Commissioners' concerns and bring the CRA into the City and not keep them as a separate entity. Vice-Mayor Weatherspoon commented that the CRA is one of the oldest Boards of the City which actually receives funding through tax increment. They are a part of the overall budget and he is not eager to give a monetary contribution. Ms. Horenburger moved to deny the request and direct legal counsel to contact the CRA with the concerns of the Commission before placing it on a workshop agenda, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. ll.b. Old School Square Street Auction: An approval to auction streets to raise funds for capital improvement costs for the renovation of Old School Square is before the Commission for consideration. Assistant City Manager Barcinski stated the request before the Commission is approval of the date of the event conducted by Old School Square, to approve the street name list, to consider approval of the criteria and the procedures outlined in the agenda memo. Ms. Brainerd commented it was mentioned in the backup memo that the public property owners would be notified and given an opportunity to comment and she would like to know at what point this will occur. Assistant City Manager Barcinski advised that will be done shortly after approval from the Commission, probably in early April. Mary Lou Strollo, Executive Director for Old School Square, stated they do not feel the absolute naming must be approved tonight, but only the criteria to be used in doing that, in order to allow them to proceed with the national publicity. Ms. Horenburger moved for tentative approval, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. -4- 3/14/89 Before roll call the following discussion was had: The City Manager suggested a time be scheduled at which a public advertisement will be made relative to the name change. Ms. Strollo stated they will proceed with plans for the auction which is scheduled for May 20, 1989. At this point the roll was called to the motion. ll.c. Tameka Jones Settlement Offer: The Commission is to consider a settlement offer in the Tameka Jones lawsuit. The City Attorney stated a settlement offer has been received in the Tameka Jones lawsuit. A settlement demand was received nearly two months ago in the amount of $100,000, which the City rejected. The plaintiff is a six-year old child who was attending cheerleading prac- tice at the Civic Center when she was mauled by a pit bulldog. This offer is not in one lump sum, but rather a structured settlement in order that the plaintiff would be reimbursed for the out-of-pocket medical bills including some reconstructive surgery, as well as pro- viding payments, periodically, until she reaches the age of 18 years. This settlement offer is in the amount of $40,904.01 and it is his recommendation that this offer be accepted, with funding to come from the Self Insurance Fund. Ms. Horenburger moved for approval, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 12. Master Parking Plan Study: The Commission is to consider a request to approve the payment of $25,000 to the CRA to fund a master parking plan study to be done by Wilbur Smith and Associates with funding from In-Lieu of Parking fees. Approval is recommended. 13. Award of Bids and Contracts: A. Award contract in the amount of $17,553 to Caber Systems, Inc., for four (4) IBM PS-2 Computers, peripherals and soft- ware; $315 to Telemart for Lotus 123 3.5" Disks; and $840 to Sylvia Products for Controller Cards for the Fire Department with funding from Account No. 333-2311-522-50.57. B. Rental Rehabilitation Deferred Loan Award in the amount of $41,431 (50% match) to FEC Contractor for property at 101-103, 105-107, and 109-111 S.W. 14th Avenue. C. Approve payment in the amount of $15,435.00 to Broward Testing Laboratory for production well water tests, with funding from Account No. 441-5111-536-33.11. D. Human Affairs International contract renewal, for 18 months (March 18, 1989 thru September 30, 1990), in the amount of $16,000 for the employee assistance program with funding from 555-1575-591-34.89. Ms. Horenburger moved for approval of the Consent Agenda, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. 14.A.1. Ms. Brainerd requested a copy of the survey by Waters and Trego that was done for City employees. 14.A.2. Ms. Horenburger stated she has spoken with the County Engi- neer's office with regard to Swinton Avenue being taken back by the City and they suggested the City consider passing a resolution. If Boynton Beach will do the same and present these resolutions to the County, they -5- 3/14/89 will move forward. The City Attorney stated the resolution will be prepared and it will be agendaed accordingly. Ms. Brainerd requested that staff provide the Commission with what the fiscal impact will be. 14.A.3. Vice-Mayor Weatherspoon questioned if the City Attorney plans to respond to the injunction that was filed against the Commissioners relative to the City Manager's evaluation. The City Attorney advised that the Commission is not enjoined. The lawsuit was filed, the City has been served with that lawsuit, a motion for an emergency hearing was filed and that hearing has not been granted. In his opinion, the Commission is free to proceed until the Court advises otherwise and the Court has not scheduled that for consideration as yet. It is his understanding that the Commission wished to have this accomplished by the current Commissioners, so there is now a deadline of 7:00 P.M. on Thursday, March 30, 1989. 14.B.1. The City Attorney stated the memorandum sent to the Commission last week outlined discussions with Ed Bolter relative to the request from Eagle Outdoor Advertising and the movement of a billboard located along 1-95 near Linton Boulevard. One option to consider is allowing the billboard to be moved and, in return, Eagle Outdoor Advertising will remove the billboard after a period of time and make a contribution to the City Beautification Fund. If the waiver of the ordinance to allow the billboard to be moved 65 feet closer to 1-95 in return for Eagle Advertising to amortize it away without the City having to pay them and with their contribution to the Beautification Fund, is something the Commission wishes to consider, it needs to be decided tonight in order to be advertised and placed on the agenda for March 28th. The Commis- sion concurred. 14.C.1. The City Manager stated he visited former Commission Member, Richard Dougherty, in the hospital today and he extended his best wishes to the Commission. He has been in the hospital for 45 days, has had four by-pass operations and complications from previous ailments, but is in excellent mental health and doing as well as can be expected under the circumstances. The Commission concurred to send flowers and the City Manager agreed to have staff handle this. Vice-Mayor Weatherspoon declared the meeting adjourned at 8:00 P.M. ATTE S T: 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 March 14, 1989, which minutes were formally approved and adopted by the City Commission on 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. -6- 3/14/89 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR OUNT¥, MUNICIPAL, AND OIHER LOCAL PUBLIC OFFICERS lAST NAME--FIRST N~ME--MII)DLE NAME NAME OF BOARD, COUNCIL COMMISSION. AUTHORITY, OR COMMI~EE MAILING .xl)DRLSS THE BOARD. COUNCIL,, COMMISSION, AUTHORITY. OR COMMI~LE ON WHICH I SERVE IS A UNIT OF: CITY COUN FY ~ NAMEOFPOLI'IICALSUBDIVIS'ON: DATE ON xVHICH OFE OCCURREI) APPOIN FIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION t12.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with thc person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. I I~R\I kB H)-~6 PAGE IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEE~rING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within 15 'days after the vote occurs with the person responsible for recqrding the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE' OF STATE OFFIcER's INTEREST (a) A measure came or will come before my agency which (check one) __ inured to my special private gain; or Y/. inured to the special gain of -'~-'~ ~ /'~-~,~o A r-- · , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B - 10-86 PAGE 2