Loading...
09-12-89 SEPTEMBER 12, 1989 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Commission Chambers at City Hall at 7~00 P.M., Tuesday, September 12, 1989. 1. Roll call showed: Present - Commissioner William Andrews Commissioner Patricia Brainerd Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - Interim City Manager Malcolm T. Bird and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Ralph A. Phipps, Trinity Lutheran Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. The Interim City Manager advised that Items 7 and 8 should be changed to reflect the correct Resolution Nos. 61-89 and 62-89. They have had a request from the applicant to delete Item 15 and there is an additional item, Item 40.A., to be added to the agenda. Ms. McCarty noted that Item 24. should read Bond Issue Informa- tion, not Bond Issue Promoting. Ms. Brainerd moved to approve the agenda as modified, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5. Ms. McCarty moved to approve the minutes of the Regular Meet- ings of July llth, August 8th and August 22nd and the Special Meetings of August 3rd and August 16th, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.A. Mayor Campbell advised they have Mr. Herman Striker present tonight who would like to come forward and make a brief statement. Herman Striker, West Delray Beach, thanked the Commission, through an interpreter, for supporting the Deaf Service Center. It is very important for them to have interpreters and telephone relay. He appreciates coming to the meeting tonight and would like to thank them. 6. Proclamations. A. Mayor Campbell read and presented a proclamation pro- claiming September 14, 1989, as "United Way Day in South Palm Beach County". Frank Wheat, President of the United Way of South Palm Beach County, came forward to accept the proclamation and invited everyone to participate in their drive. Their goal this year is $2.5 million and they anticipate this will be returned to the citizens in the South Palm Beach County area. B. Mayor Campbell read and presented a proclamation calling for a Special Election, relative to the Downtown Development Authority Boundary Expansion, to be held on Tuesday, October 17, 1989, between the hours of 7:00 A.M. and 7:00 P.M., and designating the precincts and polling places in the City of Delray Beach. C. Mayor Campbell read and presented a proclamation pro- claiming the week of September 17-23, 1989, as "Emergency Medical Services Week". Chief Koen came forward to accept the proclamation. D. Mayor Campbell read and presented a proclamation pro- claiming the week of September 17-23, 1989, as "Constitution Week" PUBLIC HEARINGS 7. Resolution No. 61-89. Resolution No. 61-89, tentatively levying a tax on all properties within the City of Delray Beach, Flori- da, is before the Commission for consideration. Prior to consideration of passage of this resolution a Public Hearing has been scheduled to be held at this time. The caption of Resolution No. 61-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON ALL PROP- ERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (Copy of Resolution No. 61-89 is on file in the official Resolution Book) The City Attorney read the entire Resolution. 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. Victor Jergensen, 3781 Red Maple Circle, stated he represents the 328 homeowners of Del Aire who have assessable property in excess of $85 million. Their taxes have gone up an average of 20% and they feel this is an excessive amount to have their taxes raised in one year. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Resolution No. 61-89, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Ms. Brainerd stated that Commissioner McCarty requested some information which was in their packets this week. The response from the Interim City Manager delineated the reasons why the millage went up; the first item he had on the memo was the fact that the recent reorganiza- tion of the super departments within staff cost them an additional $200,000. She feels that if they could take another hard and fast look at this element alone, they are in the right direction of getting back to 6 mils. She would like to have the City Manager take a look at what the trade offs would be; they operated alright before they added the additional $200,000. Mr. Weatherspoon stated that 2/10ths of a mil is not that significant amount for them to worry about at this point; they looked at the budget and where they could cut it. Ms. McCarty stated that the Commission approved the reorganiza- tion and funds. Ms. Brainerd stated she recalls Mr. Weatherspoon asking, on several occasions, what the fiscal impact of this -2- 9/12/89 reorganization would be and he was assured that there would be no significant fiscal impact. She feels $200,000 is significant and represents fat. Mr. Andrews stated he made calls to several other cities regarding some of their middle management staff; he found that most of the employees were getting 20% less than comparative jobs in other cities. Mayor Campbell stated he feels it might be appropriate, if they are going to look into this, that they do it as they go through the year. The public hearing was closed. 8. Resolution No. 62-89. Resolution No. 62-89, making tentative appropriations of sums of money for all necessary expenditures of the City from October 1, 1989 to September 30, 1990, is before the Commis- sion for consideration. Prior to consideration of passage of this resolution a Public Hearing has been scheduled to be held at this time. The caption of Resolution No. 62-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1989, TO THE 30TH DAY OF SEPTEMBER, 1990; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (Copy of Resolution No. 62-89 is on file in the official Resolution Book) The City Attorney read the caption of the resolution. 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. Brainerd moved for the adoption of Resolution No. 62-89, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 9. Ordinance No. 37-89. Ordinance No. 37-89, approving a request for rezoning Corniche property located on the east side of U.S. Highway No. 1 between Linton Boulevard and S.E. 10th Street from POC to SAD, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Interim City Manager presented Ordinance No. 37-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN SAD (SPECIAL ACTIVITIES) DISTRICT; SAID LAND BEING ALL OF THE CORNICHE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 53 AT PAGE 28 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED ON THE EAST SIDE OF U.S. HIGHWAY NO. 1, APPROXIMATELY 650 FEET SOUTH OF S.E. 10TH STREET; GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL WITH CERTAIN CONDITIONS; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -3- 9/12/89 (Copy of Ordinance No. 37-89 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. McCarty moved for the adoption of Ordinance No. 37-89 on Second and FINAL Reading, seconded by Ms. Brainerd. Mayor Campbell questioned if they should, simultaneously, consider the site plan. David Kovacs, Planning Director, advised this item was pro- cessed differently in that it came through as a straight zoning issue and was then recommended for an SAD. The site plan is Item 32. The City Attorney advised the ordinance references the site plan which they are to subsequently approve; there is no reason why they cannot do it all at one time. 32. Site and Development Plan Approval. The Commission is to consider a request from Henry Whitehill for site and development plan approval for the Corniche Office building, a proposed 8,135 square foot, three story office complex located on the east side of Federal Highway between Linton Boulevard and S.E. 10th Street, is before the Commission for consideration. Approval is recommended. Ms. McCarty amended her motion to approve Ordinance No. 37-89 on Second and FINAL Reading, and the site and development plan as outlined in Item 32, Ms. Brainerd amended her second. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 10. Ordinance No. 52-89. Ordinance No. 52-89, increasing the payroll deduction for contribution to the Police and Fire Departments Pension fund from 6% to 7.33% to provide for retirement at 20 years of continuous service, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Interim City Manager presented Ordinance No. 52-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "PENSIONS", SECTION 33.61(B), "APPLICATION", SUBSECTION (3), TO PROVIDE A 7.33% PAYROLL DEDUCTION EFFECTIVE OCTOBER 1, 1989; BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILI- TY'', SUBSECTION (A), "NORMAL RETIREMENT DATE", SUB- SUBSECTION (1), TO PROVIDE THAT AN EMPLOYEE MAY RETIRE AFTER COMPLETION OF 20 YEARS OF CONTINUOUS SERVICE; BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILI- TY'', BY DELETING SUBSECTIONS (C), "EARLY RETIREMENT DATE" AND (D), "EARLY RETIREMENT BENEFITS" AND RELETTERING THE REMAINING SUBSECTIONS; BY AMENDING SECTION 33.62, "BENE- FIT AMOUNTS AND ELIGIBILITY", SUBSECTION (G), "VESTING", SUB-SUBSECTION (1) (b) (1), TO PROVIDE FOR PAYMENT OF PENSION BENEFITS TO EMPLOYEES WHO HAVE TERMINATED EMPLOY- MENT AFTER TEN OR MORE YEARS OF CONTINUOUS SERVICE; AND BY AMENDING SECTION 33.64, "CONTRIBUTIONS", SUBSECTION (A), TO PROVIDE THAT MEMBERS SHALL MAKE REGULAR CONTRIBU- TIONS TO THE TRUST FUND AT A RATE EQUAL TO 7.33% EFFEC- TIVE OCTOBER 1, 1989; PROVIDING A SAVING CLAUSE; PROVID- ING AN EFFECTIVE DATE. (Copy of Ordinance No. 52-89 is on file in the official Ordi- nance Book) -4- 9/12/89 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. Mr. Weatherspoon moved for the adoption of Ordinance No. 52-89 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 11. Ordinance No. 53-89. Ordinance No. 53-89, providing that members of the Police and Fire Departments Pension Fund shall be 100% vested upon becoming eligible for normal retirement; provides restric- tion on benefit levels; provides a time frame for beginning payment; subscribes how the City shall make contributions; and provides for forfeitures that may arise upon termination of employment, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Interim City Manager presented Ordinance No. 53-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "PENSIONS", SECTION 33.60, "DEFINITIONS", TO ADD A DEFINITION FOR "ACTUARIAL EQUIVALENCE" OR "ACTUARIALLY EQUIVALENT"; BY DELETING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", SUBSEC- TION (A), "NORMAL RETIREMENT DATE", SUB-SUBSECTION (2) IN ITS ENTIRETY; BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", SUBSECTION (B), "NORMAL RETIREMENT BENEFIT", BY ADDING A NEW SUB-SUBSECTION (3) TO PROVIDE THAT A MEMBER SHALL BECOME 100% VESTED UPON BECOMING ELIGIBLE FOR NORMAL RETIREMENT; BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", BY ADDING A NEW SUBSECTION (I), "MAXIMUM BENEFITS", TO PROVIDE RESTRIC- TIONS ON BENEFIT LEVELS; BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", BY ADDING A NEW SUBSECTION (J), "REQUIRED PAYMENT OF PENSION BENEFITS", TO PROVIDE THE TIME FRAME FOR WHICH REQUIRED PENSION BENEFITS SHALL BEGIN; BY AMENDING SECTION 33.64, "CONTRI- BUTIONS'', SUBSECTION (A), "MEMBER CONTRIBUTIONS", TO PROVIDE FOR AND IN WHAT MANNER THE CITY SHALL PICK UP THE MEMBER CONTRIBUTION AS EMPLOYER CONTRIBUTIONS; AND BY AMENDING SECTION 33.64, "CONTRIBUTIONS", BY ADDING A NEW SUBSECTION (F), TO PROVIDE FOR FORFEITURES THAT MAY ARISE UPON THE TERMINATION OF A MEMBER'S EMPLOYMENT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 53-89 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 53-89 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PUBLIC COMMENTS 12.1. Tom Fleming, 2600 Hampton Bridge Road, Vice-Chairman of the Education Board, reminded everyone that they will be holding a special task force meeting tomorrow at 3:00 P.M., in the Conference Room. The Sharing For Excellence Plan will be presented at the meeting. 5 9/12/89 12.2. Jean Beer, 945 Tropic Boulevard, stated she would like some- thing in writing regarding the current reserves of the City, what they will be with the new budget and what tax funds would be available if they are hit with a catastrophic hurricane. 12.3. Sharon Minder, 2701 Boone Drive, questioned when the Commission will know what the true increase in the tax base will be. She would also like to know when they factor this into their tax collection and what they plan to do with the money. Mayor Campbell suggested that Ms. Minder familiarize herself with the budget, which is quite explanatory; after she has perused it, she is welcome to call any Commissioner or staff person. 12.4. Stanley Milosky, Allen Avenue, stated there was a time when the residents of Delray Beach worked together for the unification of the City during the passage of the Delray Beach Enclave Act. They should also thank then Commissioner Bird who was the initiator and driving force behind the Enclave Act. With his hard work, together with Mayor Campbell and Commissioner Weatherspoon they made the final passage of the Act possible. He feels they need to recapture the spirit of unity and cooperation of years past. FIRST READINGS 13. Ordinance No. 47-89. Ordinance No. 47-89, amending Section 173.030 (P) (1) of the Zoning Code to allow screened porches, screened pool enclosures and accessory structures in open space areas in all residential districts, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 26th. The Interim City Manager presented Ordinance No. 47-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND USAGE", CHAPTER 173, "ZONING CODE", "GENERAL REGULATIONS", SECTION 173.030, "SPECIAL SETBACK PROVISIONS", SUBSECTION 173.030(P), BY ADDING "SCREEN ENCLOSURES, AND ACCESSORY STRUCTURES IN REAR YARDS" TO THE SHORT TITLE OF SUBSEC- TION 173.030(P); BY AMENDING PARAGRAPH 173.030(P) (1), TO PROVIDE THAT THE MINIMUM REAR SETBACK REQUIREMENT FOR SCREEN PORCHES AS STATED THEREIN SHALL APPLY IN ALL RESIDENTIAL ZONING DISTRICTS; BY ADDING A NEW PARAGRAPH 173.030(P) (2) TO PROVIDE FOR A REDUCTION OF THE REAR YARD SETBACK FOR SCREEN ENCLOSURES AROUND SWIMMING POOLS AND OTHER ACCESSORY STRUCTURES WHEN CERTAIN CRITERIA IS MET AS PROVIDED THEREIN, AND TO PROVIDE THAT ANY ACCESSORY STRUCTURE WHICH HAS A SOLID ROOF SHALL NOT BE ALLOWED A HEIGHT GREATER THAN THAT ALLOWED BY SECTION 173.031, "STRUCTURES ALLOWED IN SETBACKS", OR SECTION 173.039, "WALLS, FENCES, HEDGES, AND THE LIKE"; BY RENUMBERING PARAGRAPHS 173.030(P) (2) AND 173.030(P) (3) TO PARAGRAPHS 173.030(P) (3) AND 173.030(P) (4); AND BY ADDING A NEW PARAGRAPH 173.030 (P) (5) TO PROVIDE THAT ANY CONFLICTS BETWEEN SUBSECTION 173.030(P) AND THE REGULATIONS AS SET FORTH IN INDIVIDUAL RESIDENTIAL ZONING DISTRICTS SHALL BE GOVERNED BY THE PROVISIONS OF SUBSECTION~ 173.030(P); PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 47-89 on First Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Ms. McCarty stated she would like to know what the concerns were of the dissenting two Planning and Zoning Board members. -6- 9/12/89 Mr. Kovacs advised it was their feeling that by adding the provisions which allowed accessory structures to have the same benefit of the encroachment as does the swimming pool enclosure, or screen porch, that it would create more problems. If someone were to come in with a six foot high, four foot wide shed, they would not be in a very good position to say no. Ms. McCarty requested that in the future they get more staff backup on P&Z Board decisions which are not unanimous. At this point the roll was called to the motion. 14. Ordinance No. 54-89. Ordinance No. 54-89, amending Chapter 51 "Garbage and Trash" of the Code of Ordinances relative to increasing fees, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 26th. The Interim City Manager presented Ordinance No. 54-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "RATES AND CHARGES", SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED GARBAGE AND TRASH SERVICE CHARGES AND FEES; AND TO PROVIDE FOR FEES FOR BOTH RESIDENTIAL AND COMMERCIAL CUSTOMERS FOR RECYCLING SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 54-89 on First Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 16. Ordinance No. 56-89. Ordinance No. 56-89, amending the Zoning Code to permit Bed and Breakfast Inns as conditional uses in RM (Resi- dential Medium), RM-6 and RM-10 (Residential - Medium to High), RH (Residential High), RO (Residential Office), CBD (Central Business District), and GC (General Commercial) zoning designations, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 26th. The Interim City Manager presented Ordinance No. 56-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND USAGE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 173, "ZONING CODE", "GENERAL PROVI- SIONS'', SECTION 173.001, "DEFINITIONS", BY ENACTING A NEW SUBSECTION "BED AND BREAKFAST INN" TO PROVIDE A DEFINI- TION FOR SAID USE; BY FURTHER AMENDING SECTION 173.001, "DEFINITIONS", BY REPEALING SUBSECTION "BOARDING AND ROOMING HOUSES" IN ITS ENTIRETY; BY FURTHER AMENDING SECTION 173.001, "DEFINITIONS", BY REPEALING SUBSECTION "GUEST HOUSE" IN ITS ENTIRETY; AND AMENDING CHAPTER 173, "ZONING CODE", "SPECIAL USE REQUIREMENTS", BY ENACTING A NEW SECTION 173.0625, "BED AND BREAKFAST INNS", TO PROVIDE, IN ADDITION TO REQUIREMENTS OF THE UNDERLYING ZONE DISTRICT, CERTAIN SPECIAL USE REQUIREMENTS RELATIVE TO PARKING, COMMON AREA, NUMBER AND CHARACTER OF RENTAL ROOMS, RESTRICTIONS ON USE AND EMPLOYEES, SIGNAGE, AND SPECIAL FINDINGS FOR BED AND BREAKFAST INNS; AND AMENDING CHAPTER 173, "ZONING CODE", "RM-6 MULTIPLE FAMILY DWELL- ING DISTRICT", SECTION 173.142, "CONDITIONAL USES" BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO SECTION 173.0625" AS A CONDITIONAL USE; AND AMENDING CHAPTER 173, "ZONING CODE", "RM MEDIUM TO MEDIUM HIGH DENSITY DWELLING DISTRICT", SECTION 173.162, "CONDITIONAL USES", BY ADDING -7- 9/12/89 "BED AND BREAKFAST INNS, SUBJECT TO SECTION 173.0625" AS A CONDITIONAL USE; AND AMENDING CHAPTER 173, "ZONING CODE", "RM-10 MULTIPLE FAMILY DWELLING DISTRICT", SECTION 173.182, "CONDITIONAL USES", BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO SECTION 173.0625" AS A CONDITIONAL USE; AND AMENDING CHAPTER 173, "ZONING CODE", "RH MEDIUM HIGH TO HIGH DENSITY DWELLING DISTRICT", SECTION 173.202, "CONDITIONAL USES", BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO SECTION 173.0625" AS A CONDITIONAL USE; AND AMENDING CHAPTER 173, "ZONING CODE" "RO RESIDENTIAL OFFICE DISTRICT", SECTION 173.392, "CONDITIONAL USES", BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO SECTION 173.0625" AS A CONDITIONAL USE; AND AMENDING CHAPTER 173, "ZONING CODE", "GC GENERAL COMMERCIAL DISTRICT", SECTION 173.472, "CONDITIONAL USES" BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO SECTION 173.0625" AS A CONDITIONAL USE; AND AMENDING CHAPTER 173, "ZONING CODE", "CBD CENTRAL BUSINESS DISTRICT", SECTION 173.527, "CONDITIONAL USES" BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO SECTION 173.0625" AS A CONDITIONAL USE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 56-89 on First Reading, seconded by Mr. Andrews. Ms. Brainerd stated that she would like to see only breakfast served and no meals served after 11:00 A.M.; this would move them even further away from the Boarding House concept. Also, under Section (f) (2) it states that "Structures within which a Bed and Breakfast Inn are established shall be residential in character". She questioned how they do this in the CBD District. Ms. McCarty stated she was thinking of bed and breakfast inns along the line of something to enhance their Historic Districts which, for the most part, are residential in character. She feels that in the CBD, they would be talking about a motel or hotel. She would like to look at the zoning categories and restrict it to Historic Districts, not CBD. Mr. Andrews stated he feels that throughout the CBD there are some structures which would lend themselves very nicely, which are now serving as boarding houses. He agrees with Ms. Brainerd's comment about the meal service and also feels that they should talk about the number of bathrooms and square footage of the room per person. Mr. Weatherspoon stated he feels if they are adamant about going forward with this ordinance, they should have a pilot area, possibly in the Historic or RO District, before they open it up to all the other zoning categories. The Interim City Manager advised that he and Mr. Kovacs re- viewed a letter from Ron Schutta, City Manager of West Palm Beach who is considering a similar ordinance, and it indicated that the City of Delray is pretty much on line as far as the types of areas, size of units allowed and signage. However, some of the other ordinances did include square footage limitations and perhaps they should also consider this. Ms. McCarty stated that the ordinance refers to the lumination being indirect or neon only; if they were to go into an Historic Dis- trict she would be opposed to the neon use of signs. Mr. Andrews stated he is concerned with going into the RM-6 district as he feels it is a low density area. The Interim City Manager stated that this ordinance should probably be sent back and he suggested that they place it on the next workshop agenda. Mayor Campbell stated he would like it to go back to -8- 9/12/89 the Planning and Zoning Board with all of the comments from the Commis- sion. Ms. McCarty stated that in the memo they received from the City Attorney it states that in St. Augustine the owner must live on the premises and the structure must be restored and maintained to historic architectural standards which include use of period antiques. She feels this is the type of quality thing they are looking for and they might want to consider adding this. Ms. Brainerd stated when the P&Z Board looks at this, she would not like them to shut neon lights out completely as she likes them. Mr. Kovacs suggested that the Commission place this on a workshop agenda and get public comments on the concept of bed and breakfast. They would then be in a better position to give direction to the P&Z Board. Ms. Brainerd made a substitute motion to place this on the next workshop agenda, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Weatherspoon stated he would like to see a list of benefits to the City if they do move forward with this, as well as some of the negative reasons why they should not move forward. At this point the roll was called to the motion. 17. Ordinance No. 57-89. Ordinance No. 57-89, increasing the sewer rate fee for City customers, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 26th. The Interim City Manager presented Ordinance No. 57-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 54, "SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 54.32, "SERVICE RATES AND CHARGES", SUBSECTION B-l, "RESIDENTIAL DWELLING UNITS", AND SUBSEC- TION B-2, "NONRESIDENTIAL/COMMERCIAL UNITS", TO INCREASE THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT DISPOSAL BOARD CHARGES FROM $.5755 PER 1,000 GALLONS TO $.9170 PER 1,000 GALLONS FOR INSIDE CITY USE, AND FROM $.7194 FOR 1,000 GALLONS, FOR RESIDENTIAL AND NONRESIDEN- TIAL/COMMERCIAL USE RESPECTIVELY, TO $1.1463 PER 1,000 GALLONS FOR OUTSIDE CITY USE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 57-89 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 18. Ordinance No. 58-89. Ordinance No. 58-89, amending Chapter 117 "Landlord Permits" of the Code of Ordinances to provide for increase of cost of landlord permits, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 26th. The Interim City Manager presented Ordinance No. 58-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 117.02, "PERMIT FEES", TO PROVIDE FOR MODIFICATIONS TO THE PERMIT FEES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -9- 9/12/89 The City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 58-89 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 19. Ordinance No. 59-89. Ordinance No. 59-89, amending Chapters 150, 155, 157, 159, 160, 161, 162 and 164 of the Code of Ordinances to provide for an increase to the permit fees, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 26th. The Interim City Manager presented Ordinance No. 59-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XV, "BUILDING REGULA- TIONS'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 150, "BUILDING REGULATIONS", "MOVING BUILDINGS", SECTION 150.062, "PERMIT FEE", TO PROVIDE FOR AN INCREASE IN THE PERMIT FEE FOR MOVING BUILDINGS; BY AMENDING CHAPTER 150, "BUILDING REGULATIONS", "BUILDING CODE", SECTION 150.016, "AMENDMENTS AND ADDITIONS TO CODE" , SUBSECTION 107.4, "SCHEDULE OF PERMIT FEES", SUBPARAGRAPHS (c) (I) , (c) (II) , (c) (III), (c) (IV), (c) (V), (c) (VI), AND (c) (IX), TO MODIFY PERMIT FEES FOR NEW BUILDINGS AND ADDITIONS, MISCELLANEOUS PERMITS, SUB TRADE PERMITS, PERMIT FEES FOR LONG-TERM PERMITTING, PERMIT FOR MOVING OF BUILDING OR STRUCTURE, PERMIT FOR DEMOLITION OF BUILDING OR STRUC- TURE, AND CERTIFICATE OF OCCUPANCY; BY AMENDING CHAPTER 157, "GAS CODE", SECTION 157.02, "AMENDMENTS AND ADDI- TIONS TO CODE", SUBSECTION 113.4, "SCHEDULE OF PERMIT FEES", SUBPARAGRAPHS (a) AND (c), TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES; BY AMENDING CHAPTER 160, "MECHANICAL CODE", SECTION 160.02, "AMENDMENTS AND ADDITIONS TO CODE", SUBSECTION 106.3, "SCHEDULE OF PERMIT FEES", SUBPARAGRAPHS (a) AND (c), TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES; BY AMENDING CHAPTER 161, "PLUMBING CODE", SECTION 161.02, "AMENDMENTS AND ADDI- TIONS TO CODE", SUBSECTION 113.4, "SCHEDULE OF PERMIT FEES", SUBPARAGRAPHS (a) AND (c), TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES; BY AMENDING CHAPTER 164, "WELLS; SPRINKLER SYSTEMS", "WELLS FOR POTABLE WATER", SECTION 164.19, "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES FOR DRILLING OR DRIVING A POTABLE WELL; BY AMENDING CHAPTER 164, "WELLS; SPRINKLER SYS- TEMS'', "WELLS FOR NONPOTABLE WATER; SPRINKLER SYSTEM", SECTION 164.36, "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES FOR DRILLING OR DRIVING A NONPOTABLE WELL AND SPRINKLER SYSTEM; BY AMENDING CHAPTER 155, "ELECTRICITY", "PERMITS AND INSPECTIONS", SECTION 155.18, "PERMIT FEES", SUBSECTIONS (A) AND (C), TO PROVIDE FOR AN INCREASE IN PERMIT FEES; BY AMENDING CHAPTER 150, "BUILD- ING REGULATIONS", "TEMPORARY STRUCTURES; TENTS", SECTION 150.102, "PREREQUISITES TO APPROVAL; PERMITTED USES", SUBPARAGRAPH (C) (1) (a), TO PROVIDE FOR AN INCREASE IN PERMIT FEE; BY AMENDING CHAPTER 159, "LANDSCAPING", "TREE AND SHRUB REMOVAL AND PROTECTION", SECTION 159.51, "PERMIT FEES FOR TREE REMOVAL, SHRUB CLEARING", TO PROUIDE FOR AN INCREASE IN PERMIT FEES; AND BY AMENDING CHAPTER 162, "SIGNS AND BILLBOARDS", "PERMITS", SECTION 162.024, "PERMIT FEES", SUBPARAGRAPH (A), TO PROVIDE FOR AN INCREASE IN PERMIT FEES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 59-89 on First Reading, seconded by Mr. Andrews. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. -10- 9/12/89 McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 20. Ordinance No. 60-89. Ordinance No. 60-89, amending Chapter 101 "Parks, Beaches and Recreation" of the Code of Ordinances by increasing the permit fee for storing boats in the area designated on the municipal beach, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 26th. The Interim City Manager presented Ordinance No. 60-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101 "PARKS, BEACHES AND RECREATION" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 101.35 "STOR- ING BOATS", SUBSECTION (F) TO PROVIDE FOR AN INCREASE IN STORAGE FEES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 60-89 on First Reading, seconded by Mr. Andrews. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 21. Ordinance No. 61-89. Ordinance No. 61-89, amending Chapter 101 "Parks, Beaches and Recreation" of the Code of Ordinances by increasing the fees for use of the Tennis Center, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 26th. The Interim City Manager presented Ordinance No. 61-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101 "PARKS, BEACHES, AND RECREATION" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 101.01 "CHARG- ES FOR USES OF TENNIS CENTER", SUBSECTION (A) "ANNUAL MEMBERSHIPS", SUBSECTION (B) "SEMIANNUAL DUES" AND SUBSECTION (C) "DAILY COURT FEES" TO PROVIDE AN INCREASE IN CHARGES; PROVIDING A SAVING' CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 61-89 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 22. Ordinance No. 62-89. Ordinance No. 62-89, making it unlawful for an unauthorized person or agent to remove articles or otherwise disturb materials in the City's recycling bins, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 26th. The Interim City Manager presented Ordinance No. 62-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 51, "GARBAGE AND TRASH", SUBHEADING, "SPECIAL REFUSE DISPOSAL PROBLEMS", BY ENACTING A NEW SECTION 51.59, "RECYCLING BINS AND CONTAINERS", TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY UNAUTHORIZED PERSON OR AGENT TO REMOVE ARTICLES OR OTHERWISE DISTURB MATERIALS IN THE CITY'S RECYCLING BINS, OR TO REMOVE, DAMAGE, OR DESTROY SAID RECYCLING BINS, OR TO REMOVE ARTICLES OR OTHERWISE DISTURB MATERIALS IN CURBSIDE RECYCLING CONTAINERS,OR TO REMOVE, DAMAGE OR DESTROY CURB RECYCLING CONTAINERS; -11- 9/12/89 PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 62-89 on First Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 23. Confirmation and Approval of City Attorney's Office Budget and Salary. The Commission is to review and approve the City Attorney's Office proposed budget and salary increase. Ms. McCarty suggested that they consider topping out the City Attorney at his current salary of $75,000 and give him a merit bonus of 6% If they agreed to this, his salary would move up with the cost of living. She stated they are also going to have to look at the Assistant City Attorneys' salaries to consider a range and where they are going to top out. Ms. McCarty moved to top out the City Attorney at $75,000 and give him a merit bonus of 6%, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, the City Attorney advised that between now and the time they discuss this again, he will give the Commission a suggestion on a low amount for the range, and also for the Assistants. At this point the roll was called to the motion. 24. Bond Issue Information. The Commission is to consider author- izing funding in the amount of $15,000 to cover the costs of printing, advertisements, and postage to provide factual information to citizens on the proposed November Bond Referendum. Approval is recommended. The Interim City Manager advised the source of funding would be provided from City Commission Contingency Account No. 001-6511-591- 90.11. Ms. Brainerd moved to approve funding in the amount of $15,000 for Bond Information, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Ms. McCarty stated she understands, through the grapevine, that they are considering going from four to three questions. The City Attorney advised he talked to the City's Bond Counsel this afternoon and asked them to send him the 53 page resolution with all the technical information, and send the Commission their new revised language which was intended to be more descriptive. They have tried to work on getting additional details on some of the projects so that they may fit into the other three categories more readily. Ms. McCarty stated that they are currently scheduled, at their September 26th meeting, to vote on the exact wording of the questions. She questioned if they could do this sooner as the Bond Committee is on a short time frame and their literature is being held up from being printed because they do not know what the questions are. The City Attorney stated there is no reason why the Commission cannot approve the Bond Referendum question issue earlier. -12- 9/12/89 Following discussion, it was decided that the Interim City Manager should poll the Commission to determine a meeting time. At this point the roll was called to the motion. 25. Appointment of a Voting Delegate to the Florida League of Cities. The Commission is to consider appointing a voting delegate to represent the City at the Annual Business Session of the Florida League of Cities Annual Convention. Approval is recommended. Ms. Brainerd moved to appoint Mr. Weatherspoon as the voting delegate, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 26. Appointment of Pineapple Grove Sculpture Selection Committee. The Commission is to appoint a committee to select a sculpture for Pineapple Grove beautification project. The Interim City Manager advised that the names which have been suggested have been pre-cleared so there will be no conflicts. A representative of the Pineapple Grove Support Group, stated they would like to thank the Commission for allowing this project to come to fruition. They would like the Commission to approve this project as originally presented by the Pineapple Grove Support Group. Mayor Campbell stated that he feels if this is to be approved there should be a time period as they seem to run into extended delays and costs in their beautification efforts. He would also urge them to look at the proposals which were originally made with regard to design and cost. Upon question by Mr. Weatherspoon, Mayor Campbell stated he feels the Committee could accomplish this in two weeks. He does not feel they need to do an RFP. Ms. Brainerd stated that staff had some concerns the last time they discussed this that it would be prudent to do an RFP since it is the expenditure of public funds. The Interim City Manager stated he would like an interpretation from the City Attorney as to what kind of direction they should give the Committee if they are going to be the ones recommending the expenditure. The City Attorney advised there are two or three different ways: (1) conceptual, (2) they could take proposals in the nature of things to look at in model or sketch concepts or (3) look at existing art - sculptures which already exist. In the third instance, they could not competitively bid an item of art which already exists; they would have to pay the going rate or negotiate with the artist. There are also donations or free offers which could be made. Ms. McCarty stated that she feels the Committee should look at the alternatives and see what, or who, is available in the area to negotiate with. Frank Spence, Director of Development Services, stated they want to get the word out among the art community and ask them to submit proposals and samples of their work. The Committee would evaluate their reputation and then interview and shortlist the sculptors they would be recommending back to the Commission. It was also thought that the $25,000 which is allocated in the budget is nowhere sufficient for them to acquire four works of art. Therefore, they will seek contributions or solicit a work of art from the community. In all probability they will not select the same sculptor to do all works. Mayor Campbell stated they should not make it as though they are commissioning a grand scale purchase of art; this was meant to be a deviation and use of what has already been allocated for beautification -13- 9/12/89 funds. He would not like to see this blown out of proportion. If they need more time they could allow them a month to do this. Ms. Brainerd moved to approve the Committee with a 30 day time period, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 27. Appointment of Citizen Members to City Manager Selection Committee. The Commission is to consider appointing a seven member committee to select method and review application for the hire of a permanent City Manager. The Interim City Manager advised he had been asked to provide some names of City Managers or former City Managers who might be willing to participate in this process. Mr. Chaney was on that list, however, he has asked that his name be withdrawn. The other two are Mr. Ray Howland, retired City Manager of North Palm Beach and Mr. Richard G. Simmons, City Manager of Davenport. Mayor Campbell questioned if it is the intent of the Commission to have five lay persons and two professionals. The Commission agreed to this. Ms. McCarty stated she did not know Mr. Chaney had withdrawn his name until tonight and she requested that they postpone the selec- tion of the two professionals. Mr. Weatherspoon stated he would like to have some information on both of them. Mayor Campbell advised they will just select the citizen portion. Ms. Brainerd stated that she nominated the City Attorney for consideration and she would like to withdraw his name as he would be put in a position where he was shortlisting a person who would eventually be his peer. Mayor Campbell suggested that they go down the list and indi- cate those who would not be one of their primary choices; those names would then be eliminated. At this time the Commission went down the list and indicated those persons who would not be their primary choices. The names left on the list were as follows: Leo Blair, Ken Ellingsworth, Ray Gerner, Bill Maher, Bob Miller, Dale Morrison, Spencer Pompey, Carole Shetler, Leonard Syrop, Bill Wallace and Leon Weekes. The Commission then shortlisted these names and each chose five persons. The City Attorney was requested to tally the names; anyone on the list with five votes would automatically be on the committee. Mayor Campbell suggested they go on to the next item while the names are being tallied. 28. Establishment of a Redevelopment Assistance Committee. The Commission is to consider the reorganization of the Community Improve- ment Director position to act as Chairman to the proposed Redevelopment Assistance Committee which will serve as a focal point for redevelopment actions in the City. Approval is recommended. Ms. Brainerd moved to establish a Redevelopment Assistance Committee, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Weatherspoon stated, with regard to the composition of the Committee, that he is concerned that they will have staff who are geared towards working with people to keep them within the policy guidelines. Then they will be asking that same staff member to put on another hat and help the person deviate from the policy. -14- 9/12/89 The Interim City Manager advised the Committee, when called by the Chairperson to meet, would take a critical look at the proposal, find the flaws which could only be responded to by the Commission taking a waiver action, and when those are identified it would be brought to the Commission. If the Commission grants those waivers, then the process would go back through the existing development system, i.e., P&Z Board, CAB, Historic District, etc., and would then come to the Commis- sion as a completed project with a completed site plan. The reason for having these staff persons on the Committee is for them to be critical at the initial presentation of a proposed project to make sure they do not miss any of the waivers which may be required in order to make it viable. The reason for having a different chairperson is so that no one gets the idea that this is a process which is available to someone who doesn't have a problem; it is clearly, and identifiably, a process for redevelopment, not a regular developer who might be encountering a problem with his project. The Interim City Manager stated he feels that Ms. Butler came up with a plan which does not involve dollars, restructuring or restaff- ing; it provides them with an opportunity to test and see whether having an advocate for redevelopment within City Hall will encourage people and stimulate activity. If this does not work, there is not much to unwind and the Committee will not meet. Ms. McCarty stated she does support the concept; however, she is a little confused about how it is going to work. She stated that in the memo from Ms. Butler to the Interim City Manager there was supposed to be a proposed job description attached, however, there was not. The Interim City Manager advised he purposely deleted it until the Commission decides what the scope of this proposal would be. They may want Ms. Butler to be involved in providing financial information, grants and public/private partnerships in addition to the technical review aspects. This would impose an additional burden which they would need to discuss. He felt that two things would come out of tonight: (1) an approval of the general concept and (2) any other things the may want Ms. Butler to do in conjunction with it which might stimulate redevelop- ment. He would then come back to the Commission with a position de- scription which would take into account all the aspects of the changes to her current position. Ms. McCarty questioned the definition of redevelopment; do they mean things in the CRA District, vacant land, CBD or DDA. Ms. Butler stated when she looks at redevelopment she considers things on established parcels of land; it could involve a change of use, an expansion of an existing use or a vacant piece of land in the CBD, or in an existing area, which has not been used and they would like to revitalize. Ms. McCarty stated she feels there is a definite difference between development and redevelopment. If they were to confine this to a geographic area, the CRA area which is a redevelopment area and there is some vacant land, then she could address this a little more positive- ly. She also does not understand how they are going to know a project has problems until it has gone through the process. She would like to see the definition of redevelopment tightened up so that they know exactly what they are talking about and what types of projects are appropriate for this Committee. Mr. Andrews stated he would like to make sure that they are in a position to defend their laws all the time. His problem is with the Technical Review Committee. There are Codes which are so ambiguous and come down hard on the developer. He feels one of the things that has to be looked at is where they can get a common sense wedge between the developer and the TRC to make some decisions which are more flexible. With regard to the CRA layperson, he feels that if they rotate it on a project by project basis, the developer could be hand carried through the process. With regard to Ms. McCarty's comments regarding the areas, he has started his process of working into the LaMat area where there are over fifty lots which should be aggregated together for a common -15- 9/12/89 project. He feels this is one area which certainly qualifies, and it is not in a CRA area. Ms. Brainerd stated she agrees with Mr. Andrews that, by virtue of this whole creative approach, they do not need to get bogged down in definitions. The approach should be for a developer to bring them a project and they will take a look at it. The Committee will decide if it is something they are interested in pursuing. The Interim City Manager clarified that the Committee will have no authority to grant waivers, only to suggest to the Commission reasons why they think one is appropriate. If the Commission grants the waiver, the project would then go back and start the process as if it were a new piece of ground which had never been worked on. It would finally come back to the Commission as a completed project which has had all the technical review which any other project receives. At this point the roll was called to the motion. 27. The City Attorney advised that Ken Ellingsworth received five votes, Leon Weekes, Carole Shetler, Spencer Pompey and Ray Gerner each received three votes. The next highest, with two votes was Leo Blair who could be chosen as an alternate. Ms. Brainerd moved to appoint Ken Ellingsworth, Leon Weekes, Carole Shetler, Spencer Pompey and Ray Gerner, with Leo Blair as an alternate, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 29. Police Department Review. The Commission is to consider methods for review of Police Department command elements and provide direction. The Interim City Manager stated he feels there are two things to keep in mind as the Commission decides the scope of this investiga- tion: (1) they did go through the Accreditation process. Through the preliminary investigation of their general orders, policies and proce- dures, etc., there was nothing to indicate there were any problems in those areas and (2) there is an ongoing study of manpower allocation and the patrol study and those results should be in shortly. Of those who have responded to us, they have basically three choices; (1) an outside consultant who has worked with us before, PAS, the advantage being that they are able to assess what has changed in the last two years, (2) a group from the University of Louisville who have the significant experi- ence level in doing similar kinds of investigations and (3) go to a peer review, utilizing police officers from departments outside of the State and, perhaps, augmented by a judge or professor of criminology. They have received no indication of interest on the part of the senior levels of law enforcement in Palm Beach County, the State Attorney's Office or the FDLE, to participate in this kind of review. Ms. McCarty stated she would like to ask the City Attorney to explain what would be involved with a Grand Jury investigation, which is not along the lines of management, it is along the lines of criminal activity. She would like him to give some background on what that alternative would encompass. The City Attorney advised that alternative is available for just about any allegation. It would entail a choice of two forms, there are Grand Juries which investigate allegations of criminal wrongdoing on the State and Federal levels. They are able to be convened in one of three different ways, one of which is a request directed to the head of the Law Enforcement Prosecution Agency of each of the jurisdictions, i.e., a letter request to the U.S. Attorney's Office or the State Attorney's Office. They are also able to be initiated by a request to the presiding judge who sees over that aspect in each of the jurisdic- tions. The third alternative is that if one is convened and sitting at the present time, they can make a request of the foreperson to look into a particular set of facts or allegations of criminal activity. They -16- 9/12/89 would look solely at criminal wrongdoing as to whether or not it consti- tuted a sufficient basis to indict individuals for criminal activity. Mayor Campbell requested that the City Attorney check to see if, in fact, there has been any communication. The City Attorney stated he can check; however, he would be surprised if that had taken place without his knowledge. Ms. Brainerd stated that it was mentioned that there was no interest on the part of FDLE or the State Attorney's Office and she questioned why. The Interim City Manager advised that, based on their involve- ment at the initial stages of the Internal Affairs investigation, and a preceding investigation as to criminal activity which was found not to exist, they felt that the criminal act which would be necessary to impanel that kind of body did not exist. They may have changed their mind or there may be some information they did not have access to; however, he feels they are responding only to the information they have in hand at this point in time. Some reasonably serious allegations have been made but he does not know that the supporting evidence has been provided to any of the agencies. Mayor Campbell stated he would agree with the memo from the Interim City Manager; however, he is not so eager to pay for a consul- tant. He would like the group to look at some of the allegations, not necessarily from a criminal viewpoint, bring their expertise to the table, take input from both the citizenry and Police Department, and try to give the Commission their best recommendation as where these allega- tions and Police Department fall. He believes that the public needs to know the truth, one way or another. Upon question, Mayor Campbell stated he does not feel a formal consultant could have the same impartial objectivity and willingness to give the Commission their recommendations. The Interim City Manager stated that the PAS group, who has been here before, brought with them the current Police Chief of Knoxville as part of their group and would propose to do that again. In talking with all these people, he suggested to them that they had a community perception problem with regard to the City's law enforcement agency and told them that he would expect the Commission would be desirous of trying to get some objective review of that. He feels they are all anticipating that that would be part of the charge; however, they felt, given the amounts of money they have spent and the charge to various others who have reviewed portions of the department, that it was unnecessary to go back through and redo those areas. Ms. McCarty stated they have got a lot of studies on the shelf and she feels they need to get an individual with a background in legal and police department management. If they are not going to look into criminal activity, they should look into things where the perception problem is leading. She noted that, by Charter, the Commission has the power to allow the City Clerk to issue subpoenas and, therefore, in this process the group could subpoena people with regard to some of the allegations. She feels that this may be an element they want to add to the investigation. Ms. McCarty stated she feels they need to look at the way the management conducts itself in the Police Department with regard to the rumors and innuendos. She also feels that they have a responsibility to take a leadership role to let the community know that they will not accept anything less than a credible, responsible Police Department. She believes there are some criminal allegations which are going around which could be looked into by a Grand Jury and the Commission should ask the Mayor to write a letter asking that a Grand Jury be convened to look into the allegations. This would clear the Police Department's name. Mayor Campbell stated he does not think they can ask for a Grand Jury and it is up to the State Attorney. The City Attorney advised it is his understanding that it is not limited to the State Attorney. Ms. McCarty stated she is talking about a Federal Grand Jury; -17- 9/12/89 she does not want to get the State Attorney involved as he is involved in this case and would be part of the investigation. Mayor Campbell stated, at this point, to even use the words Grand Jury, is inflammato- ry, wrong and totally inappropriate. They need to get to the bottom of this; however, that would be another wrong headline they do not need in Delray Beach. He would not have a problem with the State Attorney reviewing this, or going to the Federal Prosecutor in the area, but not a Grand Jury. Mr. Weatherspoon stated he feels there have been some specific allegations made and feels they should go on record and formally ask whoever is responsible for investigating the allegations. Ms. McCarty questioned if it could be the Federal Prosecutor as the State Attorney is involved; they knew about the informant who was placed in Ms. Snyder's office and she does not feel they are going to want to investigate themselves. They were also involved with the Galvez informant situation, as was the FDLE. If they are going to do this, it should be an agency which had nothing to do with it. Mayor Campbell stated that the implication is that neither the State Attorney, nor the Federal Prosecutor, because they have been implicated in a wrongdoing, is going to be able to legitimately look into this. Ms. McCarty stated no one implicated them in a wrongdoing, but they were part of the cases which would be involved in the review. Mayor Campbell stated he would place confidence in the State Attorney's Office and the Federal Prosecutor. He is not ready to say that they are implicated and cannot do a proper evaluation, which is their constitu- tional duty. Ms. McCarty stated she would be willing to give them an opportunity to decline doing this. Mr. Weatherspoon stated he would not like to spend any more money on a consultant as they already have enough reports. He feels they should deal with the allegations in the Police Department, and then look into the other issues. Mr. Andrews stated they have a community which is not happy over the broad spectrum of the management of the Police Department. Either they need to understand that the way the Police Department is run is proper and only a matter of communication which is not being handled properly, or the City needs to go through the Department and start all over. Mr. Weatherspoon stated he feels they should take care of the major concerns and he is willing to guarantee that a lot of the smaller problems will go away. Mayor Campbell stated that they have, essentially, two issues which they are dealing with: (1) some allegations and (2) performance procedures. They would need a consultant or one of these other groups to look at performance procedures. They have had three choices which have been recommended, PAS, the Police Institute or a Committee and he questioned what the Commission's preference would be. It was the consensus of the Commission to go with a Committee of three people. The Interim City Manager advised that the group he is tenta- tively suggesting includes a black Police Sergeant from Fayetteville, Arkansas, who has an impressive record in dealing with community rela- tions, minority situations. The leader of the group is an active Police Chief who currently teaches and consults and the third member should be either a non-police person such as a retired judge. He could come back at a later meeting with some cost estimates. Following discussion, it was decided that the retired judge could be from Florida, but with no ties to the community. Ms. Brainerd moved for approval of the concept, seconded by Ms. McCarty. Mr. Weatherspoon questioned the project cost and source of funding. -18- 9/12/89 The Interim City Manager advised he will have to come to the Commission with a projected cost as he knows what the cost elements will be, but he will need an estimate from the individuals selected as to how long they think it will take. He believes they are talking about a cost somewhere in the neighborhood of $10,000. Upon question by Mr. Weatherspoon, the Interim City Manager stated the Committee will investigate the command structure of the force and how it relates and interprets those instructions which are already in being. It will also investigate the most recent happenings from a procedural standpoint as to whether what occurred was reasonably within the scope of the Police's authority and what another force might have done given the same set of circumstances. Whether the other prong, which will be going on at the same time, will obviate part of that, it still would not necessarily review the procedures which allowed it to happen. Mr. Andrews stated he would also like the group to look at the processes of what the Police Department is doing in relationship to crime. The Interim City Manager stated if the maker of the motion could amend it to authorize up to, but not exceeding, $10,000 for the process then he could move forward. Ms. Brainerd amended her motion to also authorize up to, but not exceeding $10,000, Ms. McCarty amended her second. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Mayor Campbell stated that the second element has to do with some specific criminal allegations; therefore, at least as far as a primary step, they have to bring those allegations to the attention of the two prosecutors. Ms. McCarty stated that if one of these two entities were to take this on, there would be a question as to their impartiality. She feels that they have to go forward and ask the Grand Jury to do it as it is comprised of citizens and there will be that impartiality. She is confident that the other two entities will not take it. Mayor Campbell stated that until someone can come forward with something a little stronger, they do not need to damage the entire credibility of this community based on some allegations. If it is a criminal offense, under State law, it would go to the State Attorney; if it is a criminal offense, or civil rights violation, it should go to the Federal Prosecutor. Virginia Snyder stated that when she learned that her office had been victimized by a spy who had taken out 125 documents, the response of the Police Department was that a concerned citizen had come to them with concerns about illegal and improper activities in her office. She would like the Commission to ask the Chief of Police what were the criminal activities she was involved in that necessitated this long drawn investigation of her. She would also like to ask for an outside Federal Grand Jury of her peers to investigate many of the things they know are happening with the Police Department. Ms. McCarty moved to call for a Grand Jury investigation. Said motion FAILED for lack of a second. Mr. Weatherspoon moved to ask the Interim City Manager and City Attorney, with citizen and Commission input, to clarify the allegations and present them to the investigatory bodies, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 30. Sale of City Owned Property. The Commission is to consider recommendations from the Real Estate Board regarding sales method and -19- 9/12/89 pricing of City owned property located on Venetian and Miramar and Federal Highway (Adult Bookstore). The Interim City Manager stated that his understanding of the proposal is that the Board of Realtors will, as a courtesy to the City, list the properties in the MLS book, with the City paying the out of pocket expenses of around $50.00. He would recommend to the Commission that if they do this they would make the listings to show a selling office commission only, which would be about 50% of the amount which is recommended for the sales of the properties. Normally, in a real estate transaction the commission would be divided, half to the listing office and the other half to the selling office. In this particular instance, they are only asking them to grant the City access to the Multiple Listing Service. If the Commission wishes to do this, then they would take the price which has been established as being the price they want to receive, they will add the appropriate commissions to that and give it as the listing price with all the backup information required. For additional information they could contact the Purchasing Department. Ms. Brainerd stated that the Board of Realtors suggested that they pay a 10% commission; however, she agrees with the Interim City Manager. They also recommended that they get updated appraisals for both of these parcels. Appraisals are expensive and they just got an appraisal on the bookstore property. The Interim City Manager stated they could easily research and find out whether or not there have been any recent sales of land in these zoning categories on the beach to see whether there is any change in the comparables. Upon question by Ms. McCarty, the Interim City Manager advised he is suggesting that they divide the figure which was suggested to them, use half of it as the selling office commission only, and list that when they do the MLS listing. They will be offering 5% to the selling office and nothing to the listing office, because, basically the City is the listing office. Ms. Brainerd stated that when they negotiated to buy the North Federal property they were told there were several buyers waiting in the wings. She questioned if they have pursued any of these people who had expressed an interest. The City Attorney advised the only people who contacted him were people who were prospective purchasers of inventory, projection equipment, cash registers, etc. There were only two real estate inqui- ries which his office fielded. They have not pursued them, but there is no reason why they should not follow up on this. Ms. Brainerd moved to adopt the recommendations of the advisory committee, with the modified appraisal, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Ms. McCarty stated that she feels that the comment from the Real Estate Advisory Board to use local appraisers was a good one. At this point the roll was called to the motion. Mr. Andrews left the Commission Chambers at this time. 31. Initiation of West Atlantic Avenue Annexation (No. 2). The Commission is to consider authorizing staff to proceed with the annexa- tion of parcels along West Atlantic Avenue which includes the Scotty's Hardware Do-It-Yourself Center, Dunkin Donuts, Taco Bell, Mobil Gas Station, Delray West Plaza, shopping center with two out buildings, a vacant fast food restaurant and Flagler National Bank. Approval is recommended. Ms. McCarty moved to direct staff to proceed with the annexa- tion, seconded by Ms. Brainerd. Upon roll call the Commission voted as -20- 9/12/89 follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 33. Site Plan Approval. The Commission is to consider a request from Donald Ralph for site plan approval for Silver Terrace Group Home and Office to accommodate services and offices to serve women in need of assistance. Approval is recommended, subject to the following consider- ations: 1. granting administrative relief to allow parking within the side yards; 2. that the requirement for removing the driveway in the front yard not be enforced until such time as S.W. 10th Street is widened; and, 3. that in-lieu of funding improvements to Miami Boulevard and Park Avenue at this time, the owner enter into a commitment to participate in a future improvement/assessment district for infrastructure improvements. Ms. McCarty moved for site plan approval, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mr. Andrews returned to the Commission Chambers at this time. 34. Site Plan Approval and Water Service Agreement. The Commission is to consider a request from B.P. Oil Company to consider site plan approval in conjunction with acceptance of a water service agreement for the Gulf Station and Car Wash located at the southwest corner of West Atlantic Avenue and Military Trail. Approval is recommended. Ms. McCarty moved for approval of the site plan and water service agreement, seconded by Ms. Brainerd. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Assistant City Attorney Ruby advised that the B.P. Oil Company did not own all of the property; however, they also wanted the Mr. Donut parcel to enter into the water service agreement. Normally, the City only allows owners enter into these agreements. It is up to the Commis- sion whether or not they wish to change that policy in this instance. Ms. McCarty and Ms. Brainerd felt that they should stay with their policy of entering into the agreement with the owner. Mayor Campbell also questioned if the plan is in compliance with the City's sign and landscape codes. Alan Ciklin, representing the applicant, stated that they have complied with all of the City's codes when not in conflict with the County's codes. B.P. Oil owns the existing Gulf Station which is on the property and as soon as the water service agreement is approved, they will go ahead and close on the Mr. Donut property. Assistant City Attorney Ruby stated that the Commission can vote on this tonight, however, the formal execution is contingent upon B.P. Oil being the sole owner of the parcel. At this point the roll was called to the motion. 35. Final Plat Approval. The Commission is to consider a request from John C. DiMaggio for final plat approval for Delmar Woods a pro- posed eight lot single family development located on the south side of Germantown Road, north side of L-37 Canal and west of Andover subdivi- sion. Approval is recommended. Ms. McCarty moved for final plat approval, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - -21- 9/12/89 Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 36. Final Plat Approval. The Commission is to consider a request from Andover Partnership for final plat approval for Andover Section III, a proposed 51 lot single family development located on the west side of the E-4 Canal, between Germantown Road and the C-15 Canal, just north and east of Del-Aire Golf Club. Approval is recommended. Ms. McCarty moved for final plat approval, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Tom Fleming read a letter into the record to clarify his position on the posting of financial guarantees and obtain- ing a permit for work along Germantown Road. At this point the roll was called to the motion. 37. Final Plat Approval. The Commission is to consider a request from Herbert L. Kramer for final plat approval for the replat of a portion of Block I, Estates III. Approval is recommended. Ms. McCarty moved for final plat approval, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 38. Final Plat Approval. The Commission is to consider a request from Palm Beach County Housing Partnership for final plat approval for a proposed 36 lot subdivision located at the southwest corner of S.W. 8th Avenue and S.W. 2nd Street. Approval is recommended. Ms. McCarty moved for final plat approval, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 39. Conditional Use Approval. The Commission is to consider a request from WRI Delray Associates to convert a vacant bay in the Delray Mall into an amusement game facility, Bally's Amusement Game, to be located at the northwest corner of Federal Highway and Linton Boulevard. Approval is recommended. Ms. McCarty moved for conditional use approval, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 40. Request for Administrative Relief. The Commission is to consider a request from Delray Beach Yacht Club to allow an additional eight compact car spaces immediately south of the proposed condominium building. Approval is recommended. Ms. McCarty moved for approval, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 40.A. Water Service Agreement - Delray Senior Living. The Commission is to consider a water service agreement for a proposed ACLF - Delray Senior Living, Inc., to be located on the south side of Atlantic Avenue, east of the E-3 Canal. Mayor Campbell stated they have already turned down a water service agreement; however, he understands the applicant has an addi- tional request. Martin Perry, representing the applicant, stated his request is for a reconsideration of the discussion as they have taken some steps to address some concerns which were expressed. One concern was with regard -22- 9/12/89 to the parking requirements; they now exceed one parking space per unit. Secondly, they have reduced the height of the buildings to where they meet the City's requirements. Thirdly, they had asked previously for the City to provide them with service under the normal annexation agreement, or release them so that they could obtain service from the County. After analyzing the utilities in existence in the area, it was determined that for them to be served by the City it would require some major reconstruction at the intersection of Atlantic Avenue and Military Trail. If they were afforded service by the County, it would be much easier and would not disrupt traffic. Unfortunately, they believed that the County was the proper provider of services at the time they filed their application. They then learned that the City and County had reached an agreement setting the dividing line at the E-3 Canal. This property sits on the east side of the E-3. They have a bond issue which they have been working on for several months and are under a time constraint. Upon question, the Interim City Manager stated he believes this is a two sided issue. If the Commission intends to eventually annex this area then the answer is that they will give them water, but they will develop under the guidelines of the City. The other issue is probably more appropriate and that is to ask them to go through a concurrent process, as far as assuring the City that, from a visual standpoint, it will concur with those elements such as beautification and signage while allowing them to develop in the County. Assistant City Attorney Ruby advised that she believes this water service agreement is being petitioned for by the contract vendee. Upon question by Mayor Campbell, Mr. Perry advised they can stay within the 48 feet height limitation. Whether they have have utilities from the City or County, they would be willing to voluntarily annex and make every effort to meet the City's requirements. David Kovacs stated they do have a code called Continuing Care Facilities which this project falls under; however, it appears that the developers feel that this code does not address their type of use. He has not seen any plans for this project and, therefore, cannot advise the Commission that things are fine. As he understands the situation, the developers want to get into the County processing system which takes much longer than the City's. If this project is going to be developed to the City's standards, he can see problem with the Commission granting a water service agreement with a change to the wording that it is for a congregate living facility per the site plan which will eventually be approved by the Commission. Ms. Brainerd moved to approve the standard water service agreement with all the terms and conditions and the change to the wording as outlined by Mr. Kovacs, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Weatherspoon stated he is concerned with the construction needed to get the sewer service. He would not like to see Military Trail torn up during the season. Larry Martin, Deputy Director of Public Utilities, stated he has not seen any plans on this particular project. From the easterly corner of the proposed project, the City has a four inch sewer line within 650 feet. He believes this is an adequate size line to serve the facility. The Interim City Manager stated that all the units will not be built between now and the season; therefore, if there are any improve- ments to be made they can be done next summer. Mr. Kovacs advised that if there is a need to upgrade part of the force main they should do it now as there will be construction going on for the next four months. -23- 9/12/89 Mr. Perry stated that he has been trying to meet some deadlines with the County and needs to be able to show them that he has utility service available to reach a certification status on the application. Secondly, he would have no objection to the City Attorney adding some additional language to the agreement which reserved the right for site plan review approval of the project. At this point the roll was called to the motion. The Interim City Manager questioned if Mr. Perry will require a letter of verification since he will not be able to sign the water service agreement until such time as he is the owner of the property. Mr. Perry advised all he needs from the City is a letter confirming the availability of service. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 41. Amendment to Addendum No. 3 CH2M Hill Contract. The Commission is to consider approving amendment to Addendum No. 3 to the Ch2M Hill contract to perform a surge analysis on the 20-Series Wellfield pumping system. The estimated cost of this task is $1,900. Approval is recom- mended. 42. Addendum No. 4 to the Ch2M Hill Contract. The Commission is to consider Addendum No. 4 to the Ch2M Hill contract for professional services in conjunction with the Emergency Well Field Assessment, Protection and Remediation project to insure a safe and reliable source of raw ground water. The estimated cost to provide Engineers, Planners, Economist and Scientist is $101,155. 43. Amendment No. 4 to Post, Buckley Schuh and Jernigan Contract. The Commission is to consider Amendment No. 4 to the PBS&J contract for modifications to the North Water Plant to include tank inspection, cleaning and rehabilitation; master plan and architectural concept; electrical system rehabilitation; pump station telemetry and pump system rehabilitation. Estimated costs of additional service is $53,357. 44. Acceptance of Easement Deed. The Commission is to consider acceptance of a 6 foot easement granted to the City by Eva Favitta to install a storm drain outfall in conjunction with the Tropic Isle Drainage Project Phase II. Approval is recommended. 45. Acceptance of Easement Deed. The Commission is to consider accepting a 6 foot easement granted to the City by Patricia Davidson to install a storm drain outfall in conjunction with the Tropic Isle Drainage Project Phase II. Approval is recommended. 46. Request for Amateur Surfing Contest. The Commission is to consider a request from Eastern Surfing Association to hold three amateur surfing contests in Delray Beach on November 4th and 5th, January 6th and 7th and February 10th and llth. Approval is recommend- ed. 47. Request ~or Funding - Children Services Council. The Commis- sion is to consider a request from the Children Services Council Steer- ing Committee for $1,000 to support their Assembly on Children's Issues in Palm Beach County to be held on October 5th - October 7th. Approval is recommended. 48. Waiver of Solicitation Permit Fee. The Commission is to consider a request from The United Way of South Palm Beach County for waiver of the solicitation permit fee. Approval is recommended. 49. Purchase of Equipment. The Commission is to consider approving the purchase of Audix Voice Messaging System software to enhance the Police Department's present telephone system's capabilities. Approval is recommended. -24- 9/12/89 50. Resolution No. 56-89. Resolution No. 56-89, calling for a referendum election on October 17, 1989, to consider expansion of the current Downtown Development Authority (DDA) boundary area, is before the Commission for consideration. The caption of Resolution No. 56-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING AND PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON OCTOBER 17, 1989, CONCERNING WHETHER AMENDMENT SHOULD BE MADE TO THE DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY ACT (CHAPTER 71-604 LAW OF FLORIDA, AS AMENDED). (Copy of Resolution No. 56-89 is on file in the official Resolution Book) 51. Resolution No. 57-89. Resolution No. 57-89, assessing costs in the amount of $2,307.80 for abatement action required to remove an unsafe building on property at 30-52 S.W. 1st Avenue, is before the Commission for consideration. The caption of Resolution No. 57-89 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. 57-89 is on file in the official Resolution Book) 52. Resolution No. 58-89. Resolution No. 58-89, assessing costs in the amount of $2,574.00 for abatement action required to remove an unsafe building on property at 717 Eldorado Lane, is before the Commis- sion for consideration. The caption of Resolution No. 58-89 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. 58-89 is on file in the official Resolution Book) 53. Resolution No. 59-89. Resolution No. 59-89, assessing costs in the amount of $198.00 for abatement action required to remove an unsafe building on property at 313 S.W. llth Avenue, is before the Commission for consideration. The caption of Resolution No. 59-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165 OF THE CODE OF -25- 9/12/89 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. 59-89 is on file in the official Resolution Book) 54. Resolution No. 60-89. Resolution No. 60-89, assessing costs for abatement action required to remove junked vehicles on eight proper- ties located throughout the City, is before the Commission for consider- ation. The caption of Resolution No. 60-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVID- ING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 60-89 is on file in the official Resolution Book) 55. Resolution No. 63-89. Resolution No. 63-89, requesting County funding under the Emergency Medical Service Surcharge Award Program for E.M.S. classroom expenses and resource/reference materials, is before the Commission for consideration. The caption of Resolution No. 63-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING A PRO-RATA SHARE OF THE COUNTY EMERGENCY MEDICAL SERVICE SURCHARGE AWARD PROGRAM FUNDS. (Copy of Resolution No. 63-89 is on file in the official Resolution Book) 56. Resolution No. 64-89. Resolution No. 64-89, approving the addition of the IBM Complex on Congress Avenue and the vacant land south of Lake Ida Road between Roosevelt Avenue and 1-95 to the Enterprise Zone District, is before the Commission for consideration. The caption of Resolution No. 64-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 290, FLORIDA STAT- UTES, AND CHAPTER 9B-37, F.A.C., FINDING FOR AND APPROV- ING ADDITIONS TO THE GEOGRAPHIC BOUNDARY OF THE STATE- DESIGNATED ENTERPRISE ZONE OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING APPLICATION FOR SUCH BOUNDARY CHANGE; REAFFIRMING THE CITY'S COMMITMENT TO THE EXISTING PROGRAM OF LOCAL PARTICIPATION AND FOR OTHER PURPOSES; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 64-89 is on file in the official Resolution Book) 57. Award of Bids and Contracts. -26- 9/12/89 A. Rehabilitation of Storm Drains - Southern Line Cleaning, Inc. in the amount of $16,650 with funding from Engineer- ing Streets and Sidewalks (Account No. 001-2911-519- 60.63). B. Resurfacing Contract - Hardrives of Delray Beach, Inc., in the amount of $197,085 with funding from General Construction Fund (Account No. 334-3162-541-60.53). C. Landscape Maintenance (I-95/West Atlantic Avenue, 1-95/Linton Boulevard, Linton Boulevard 1-95 to A1A) - Axiom Commercial Cutters in the amount of $22,565 with funding from Beautification Trust Fund (Account No. 119-4151-572-33.39). D. Microfilming Service - Leahy Business Archives, Inc., in the amount of $12,580 with funding from Community Im- provement (Accounts 001-2721-524-33.45 and 001-2741- 524-33.45). E. Roof Repairs Pompey Park - McNab Roofing Inc., in the amount of $18,400 with funding from Parks and Recreation Roof Repairs (Account No. 334-4172-572-62.03). F. Software, hardware, building modifications and equipment to replace existing Police Department Computer System - A.L. Roark Company (software) in the amount of $145,640 and IBM (hardware, software, building modifications and equipment) in the amount of $543,063 with funding from Law Enforcement Trust ($486,203) and Unisys Settlement ($202,500) . G. Landscaping of North Water Plant - Lush Landscaping and Design, Inc., in the amount of $10,948 with funding from Water and Sewer Repair and Upkeep (Account No. 441-5123- 536-33.31). H. Emergency Interconnect with Boca Raton - Olsak and Associates in the amount of $4,990 with funding from Water and Sewer (441-5161-536-64.01). I. Architectural services for renovations to Utility Depart- ment - Digby Bridges, Marsh and Associates in an amount not to exceed $4,000, with funding from Water and Sewer (Account No. 441-5111-536-33.11). J. Sewer TV Inspection System - Cues, Inc., in the amount of $89,995, with funding from Water and Sewer Capital Outlay (Account No. 441-5161-536-64.04). Ms. Brainerd moved for approval of the Consent Agenda, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 58.A.1. Ms. Brainerd stated that the Commission was furnished a letter dated September 1st, from Pat Cayce, Historic Preservation, questioning if they support them going to Tallahassee looking for funds to move the Sundy Feed Store to the Morikami Park. She requested that the Mayor write a letter supporting this. 58.A.2. Ms. Brainerd stated they received a memo dated September 8th relative to the upcoming Bond appointments. On September 21st, there will be a bond presentation to the Pineapple Grove Support Group; however, this is also the night of a SCRWTD Board meeting. She request- ed that the Interim City Manager let the Steering Committee know that the Commission will not be there and why. 58.A.3. Ms. Brainerd noted that they received a copy of the CRA's budget and she questioned if that is the final document. -27- 9/12/89 The Interim City Manager advised that he found out this after- noon from Mr. Finley that the budget has not yet been approved by his Board. There is also a figure of $35,000 in the expenditure side and this figure represents a payback to the City for money loaned for the acquisition of the Georgia Town Tavern. Ms. Brainerd questioned what role does the Commission play in any kind of input to their budget. The Interim City Manager advised that, as an independent agency, they do their own budget and the Commis- sion receives it as a courtesy so that they know where they are headed. Ms. Brainerd stated that one of the things she noticed is that 25% of the CRA's budget is allocated to office staff. She feels this is an excessive expense, particularly in a year when the CRA is asking the Commission to hold in abeyance the amount they owe them. She would also like to have a progress report from the CRA of everything they have accomplished in the last twelve months, August 1988 to August 1989, and a full copy of the budget. 58.A.4. Mr. Weatherspoon stated, with regard to the traffic lights on West Atlantic Avenue, that due to certain problems, they went to the method of having them go to caution at 11:00 P.M. He would like the consensus of the Commission to remove this restriction. Mayor Campbell requested that they receive some input from the Police Department to verify that the situation has improved. The Interim City Manager advised they also use this method in other parts of the City and it is really a matter of expediting traffic flow. 58.A.5. Mr. Weatherspoon noted that the street light in the parking lot at N.W. 5th Avenue is out as are several at Pompey park and they need to be repaired. Also, they are still having a problem with the light at Germantown Road and IBM. The Interim City Manager advised they will look into this again. 58.A.6. Ms. McCarty questioned the status of the sidewalk cafe ordi- nance as it was suggested at the same time as the bed and breakfast inns. 58.A.7. Ms. McCarty stated they received a memo from the City Attorney on July 12th regarding the recent legislation concerning Code Enforce- ment Boards. She requested that this be placed on an upcoming agenda. 58.A.8. Ms. McCarty stated that she has a request that the Planning Department post any proposed ordinances or amendments, changes or additions to the zoning code five working days prior to its considera- tion at a Planning and Zoning Board meeting. 58.A.9. Ms. McCarty stated she read in the paper that there is going to be an assignment and/or job change with regard to Mr. Elliott. She would like something in writing as to what he is going to be doing and what the new job will entail; also, how will this compliment or conflict with the Internal Auditor. 58.A.10. Ms. McCarty questioned the status of the East Atlantic Avenue beautification. Frank Spence advised that Gates Castle talked with Mr. Gordon in Ft. Lauderdale this afternoon and they are still not prepared to give a final answer. Mayor Campbell requested that each Commissioner contact Mr. Gordon directly. The Interim City Manager stated he sent a note to the DDA and Atlantic Avenue Association requesting their input as to what their choice would be if they have an option as to which end they start from. 58.A.11. Mr. Andrews stated he would like to apologize to the Commission with regard to the drug situation memo. He was trying to get enough -28- 9/12/89 information to come before the Commission with a proposal; however, the press got a copy of the memo and ran it in the paper. 58.A.12. Mayor Campbell stated he would like to place the issue of the beautification program on an upcoming workshop as he is very disappoint- ed at the way it is going. He would also like to discuss Linton Boule- vard. 58.B.1. The City Attorney advised, with regard to the top listed firm for the golf course operation, that they have run into a potential problem with their bid. When the Commission made the selection several weeks ago, he submitted the bid, because of the financial package, to Mudge Rose asking them for their input on the viability of the proposal. He received a letter from them today which expresses a grave concern with their ability to do a bond issue of that nature. Specifically, their finding is that based upon the methodology which they license out the golf course, it could run afoul of what they call the safe harbor rule. It would be deemed to be, for tax purposes, their ownership of the course and not permit them to do a tax exempt bond issue. The Commission is going to have to make a decision about the proposal. He will hopefully have a report for the Commission in their package on Friday. Mayor Campbell stated they need to determine as to whether or not this legally affects the vote which has been taken by the Commis- sion. If it does, it needs to be brought back to them at an appropriate time when it can be noticed at a public meeting for discussion. The City Attorney stated he hopes to be able to do this at the September 26th meeting. 58.B.2. The City Attorney advised that tomorrow, or the next day, the City's consultants and outside law firm on the Aero Dri case will be in town and there are joint meetings with DER and staff. If the Commission has any questions or a desire to get updated on anything, they should give him a call. 58.C.1. The Interim City Manager informed the Commission that their next agenda will have a slightly altered format. Each agenda item will have a numerical designator and title which is the start of the automat- ed retrieval system for information in the City. Mayor Campbell declared the meeting adjourned at 10:50 P.M. ATTEST: MAYOR 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 September 12, 1989, which minutes were formally ~pproved and adopted by the City Commission on ~ IO. . NOTE TO READER: -29- 9/12/89 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. -30- 9/12/89