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10-24-89 OCTOBER 24~ 1989 A Regular Meeting of the City Commission of the City of Delrav Beach, Florida, was called to order by Mayor Doak S. Campbell in the Commission Chambers at City Hall at 7:08 P.M., Tuesday, October 24, 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 ~alcolm T. Bird and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Pastor Mike Castroni, First Presbyterian Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Andrews requested that Item No. 41. be removed from the Consent Agenda and placed at the end of the Regular Agenda. Mr. Weatherspoon requested that Item No. 44.B. be removed from the Consent Agenda and placed at the end of the Regular Agenda. David Kovacs, Planning Director, stated that he would like to add one item, to become No. 35.A., which is a Resolution for the abandonment of easements that goes with consent approval of the final plat for Delray Bay. The Interim City Manager stated the affected parties requested that Item No. 25. be removed from the Regular Agenda for a later consideration and there is also a revision to Item No. 11, which is Resolution No. 78-89. Mayor Campbell announced, with Commission approval, Item No. 31.A. will be deleted until the next Regular Agenda as he has been unable to contact Langton and Associates. The City Attorney stated a correction should be made on Item No. 10, changing the name designation from Ocean Apple Estates to The Fontaine Fox House. Ms. Brainerd moved to approve the Agenda, as modified, 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. 5. Ms. McCarty moved to approve the minutes of the Regular Meeting o~ October 10, 1989, Special Meetings of September 29, October 3, October 16 and October 18, 1989, 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. 6. Mayor Campbell presented the following proclamations: A. The week of October 22-29, 1989, as "National Red Ribbon Week" B. The week of November 6-11, 1989, as "Jewish War Veterans Post No. 266 of the U.S.A. Week and Poppy Drive". C. The week of November 6-11, 1989, as "Delray Ladies Auxiliary No. 266 of the Jewish War Veterans Week and Poppy Drive". D. The week of November 11-19, 1989, as "Juvenile Diabetes Week" 6.E. Mayor Campbell presented a proclamation calling for a Referen- dum Election, relative to the General Obligation Bond Issue, to be held on Tuesday, November 21, 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. The City Attorney read the entire proclamation. 6.F. Mayor Campbell read and presented a proclamation commending Jeanette Slavin for contributions to the Lake Ida Bike Path Project. 7.A. Presentation. Clarence Anthony, Chairman of the Joint Educa- tion Task Force, presented a consensus statement which will be presented to the Palm Beach County School Board on November 1st. He stated this group was formed after the City Commission approved and forwarded the "Sharing for Excellence Plan" of 1990 to the School Board. He commended Lula Butler, Director of Community Improvement, for her representation of the City and her assistance in creating consensus statements. Mr. Anthony emphasized a number of agreements reached by the Task Force relative to issues of the elementary, middle and high schools in the area. The group was charged with looking at creating a racial balance of students within the area of the City of Delray Beach. It was recommended that six acres of land located directly north of Spady be acquired either by the School Board, the City, or jointly by both to provide access and frontage from Lake Ida Road. He commented that the Task Force agreed the portables at Pine Grove Elementary should be removed as quickly as possible. It was their recommendation that a new middle school be constructed west of 1-95 within the neutral zone (East of Jog Road and West of 1-95) to replace Carver; however, they welcomed input from the City regarding the possibility of commercial use of Carver school prior to relocation. The Task Force also recommended that the School Board ask the Florida Department of Education to conduct a spot survey for the loca- tion of an additional school in the Morikami area. Mr. Anthony gave recommendations of the Task Force regarding the timetable for the completion of these proposed changes. Ms. McCarty requested clarification regarding the Task Force recommendation of a joint acquisition of the property fronting Spady. Mr. Anthony advised that, if the property is not acquired either by the School Board, the City or jointly by both, it is his understanding that a portion of the program will not happen. Ms. McCarty commented that with the commitment with the bond, the $500,000 to the improvements around Spady, she feels the School Board should look at that as the City's part toward that and look at the land acquisition as their part. Mr. Andrews questioned if the Chairman is suggesting the City purchase the adjacent property west of Pine Grove on the south and, if so, what the logic is behind that. Mr. Anthony stated it was felt that there was not a lot of land area available and the land around that could be used to expand the programs for the school. Mr. Andrews advised there is a high zoning classification on that property and it will not come cheap. Mr. Andrews questioned, since the recommendation is to remove the portables, are there plans to put an addition on the school to accommodate the population. Tom Fleming, a member of the Task Force Committee, clarified that the recommendation to purchase the property was a supplementary recommendation. The thinking at the time that was drafted relates to what was believed to be State regulations that would affect the minimum campus size required to house a school. In the future, the City may desire to tie that land up for future use that could adjunct the campus and thereby satisfy minimum State requirements. Upon question by Mr. Andrews, Mr. Fleming stated, at this time, there would be an overcrowded situation if the portables are removed. Possibly, there will be two new elementary schools, if a second one can be justified by a population study. The study made by the Task Force indicates that the second elementary school is indeed justified. Mr. Andrews questioned who would be establishing "neutral boundaries". Mr. Anthony stated the neutral zone is east of Jog Road -2- 10/24/89 and west of 1-95. The School Board also has other boundaries that they define as natural, which includes the C-15 Canal. Mr. Weatherspoon questioned if the Task Force considered the fact that Spady Elementary School is a feeder school to Carver Middle School. It was recommended that Spady have a new frontage, but was it considered that Carver Middle School will also have a new frontage, due to the Auburn Trace project, and why cannot Carver be upgraded similar to Spady, thereby negating the need to relocate Carver. Mr. Anthony stated he feels the thought was not because of the area, but rather the condition of the facility that prompted the action. Mr. Weatherspoon commented he feels differently, as the School Board has spent a great deal of money on Carver, and the Bond Issue was earmarked for Spady, Carver and Pine Grove. Mr. Weatherspoon questioned when the Commission will have an opportunity to discuss these concerns before it is presented to the School Board. Mayor Campbell stated he should either request a Special Meeting or get with some of the people on the Task Force and see if they can answer his questions. Ms. Brainerd stated she would like to introduce Bill Wallace, who helped dialog some of the problems at the Education Board meeting last night. Mr. Weatherspoon commented, in regard to the 13 attendance zones, that one of the major factors adopted in April was to reduce that number. Mr. Anthony stated some of the things in that plan are specif- ically stated in this report; for example, if the three schools are put together, it will reduce the number of zones. Bill Wallace, Chairman of the Education Advisory Board, stated they unanimously support the City Commission adoption of the consensus statement. He commended the Task Force on their efforts and encouraged the Commission to adopt the document as presented. They further recom- mend that the Commission encourage the School Board to request that the State conduct a spot survey in western Delray Beach as soon as possible to determine a need for an extra elementary school in the Morikami area. They also encourage that the source of funding for the acquisition of the property north of S.D. Spady be pursued with all due diligence. Upon question by Mayor Campbell, Lula Butler advised this item is scheduled to be on the School Board Agenda on November 15th. Mayor Campbell expressed the hope that consensus can be reached and the Commission can attend the November 1st meeting. PUBLIC HEARINGS 8. 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 (Resi- dential High), RO (Residential Office), CBD (Central Business District) and GC (General Commercial) districts, 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. 56-89: Mayor Campbell left the Commission Chambers at this time and Vice-Mayor McCarty took the Chair. 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 -3- 10/24/89 "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, AND RESTRIC- TIONS TO SPECIFIC HISTORIC DISTRICTS; 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 "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. (Copy of Ordinance No. 56-89 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. Jerry Taylor, representing the Chamber of Commerce, stated he would like to voice some concerns of the Chamber on the Bed and Break- fast Ordinance. Since the original writing of the ordinance, they feel the people who have worked on rewording have done a good job. In fact, they are concerned now that it is restricted solely to the Old School Square Historic District and the business community feels there are other locations in the City that may be conducive to a Bed and Breakfast arrangement. The ordinance now reads that the owner of a Bed and Breakfast must reside on the premises and they feel that negates anyone who would like to invest in an inn and have someone else manage it. In addition, if the owner had the economic means to invest in more than one of these inns, this would not be possible because that person could live in only one. He is asking that the Commission address these concerns in considering this ordinance. Clemmer Mayhew, member of the Preservation Board, stated they share the concerns of the Chamber but feel, if this particular ordinance is adopted and it is later learned some of the aspects are not feasible, perhaps it can be amended. The public hearing was closed. Mayor Campbell returned to the Commission Chambers at this time. Ms. McCarty stated it was her understanding that the Commission had discussed Historically designated structures with the Preservation -4- 10/24/89 Board and deemed them to be appropriate, regardless of location and that was not included in the ordinance. Upon question if this could be included without changing the caption, the City Attorney stated it could not. He commented that staff was not aware there was consensus for the Historic houses but, if that is the wish of the Commission, it can go back for First Reading or this ordinance can be enacted and then enact a subsequent amending ordinance which includes that phrase in that sec- tion. Ms. McCarty stated it was her suggestion that the owner live on the premise and the reasoning behind that was based on the very success- ful St. Augustine Bed and Breakfast program. The premise is that these inns are to create a home atmosphere, with the proprietor inviting guests into his home, separating them from the motel concept where hired help is used. She feels if an owner would like to build a multitude of inns, it can be addressed at that time. The Interim City Manager asked if it would be permitted should a renter decided to convert his facility to a Bed and Breakfast. The Commission concurred that it would also be necessary for the owner to reside on the property if there was an additional cottage on that property. Ms. Brainerd stated she was concerned as to the time of the breakfast and questioned if it was in the ordinance. The City Attorney advised it states 'Breakfast only'. If the Commission concurs, Ms. Brainerd requested that 11:00 A.M. be added as a safeguard. The Commis- sion concurred. Ms. McCarty moved to adopt Ordinance No. 56-89, as amended, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mayor Campbell stated he does not feel the area is right at this time for Bed and Breakfast Inns and that a potential for rooming houses in an area that cannot afford them presents more dangers than advantages, so he will vote against it. At this point the roll was called to the motion. 9. Ordinance No. 66-89. (West Atlantic Avenue No. 1) Ordinance No. 66-89, annexing parcels from the northeast corner of West Atlantic Avenue and Military Trail, and south of West Atlantic Avenue between Whatley and Barwick Roads which includes the Barnett Bank, adjacent undeveloped 10 acres, Medical/Office complex north of Barnett Bank, Goodyear Tire and Auto Service Plaza and the shopping center on the northeast corner of Atlantic and Military Trail (Publix, Zayre's, Pharmore, and others), 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 sched- uled to be held at this time. The Interim City Manager presented Ordinance No. 66-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH SIXTEEN (16) PARCELS OF LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE NORTH- EAST CORNER OF WEST ATLANTIC AVENUE AND MILITARY TRAIL, AND ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE, BETWEEN WHATLEY ROAD AND BARWICK ROAD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT, IN PART, POC (PLANNED OFFICE CENTER) DISTRICT IN PART, AND ACT (AGRICULTURAL COMMERCIAL TRANSITIONAL) DISTRICT, IN -5- 10/24/89 PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 66-89 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. Julius B. Browner, representing Rothchild's Restaurant, re- quested that the Commission grandfather in the restaurant's 5:00 A.M. license into the annexation ordinance. The public hearing was closed. Mr. Weatherspoon stated he had previously requested that staff look into the operation of this facility and does not recall receiving any response. He suggested that this request be handled in the same manner as that of Cymbal's when they were annexed into the City. Ms. McCarty commented this is similar to another facility annexed recently in that it is a water service agreement that is being executed and not an Enclave Act like Cymbal's. Ms. Brainerd commented that the Commission has no problem with the establishment remaining open until 5:00 A.M. and serving food; but the liquor must end at 2:00 A.M. Ms. Brainerd moved for the adoption of Ordinance No. 66-89 on Second and FINAL 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. 10. Ordinance No. 70-89. Ordinance No. 70-89, designating property located at 610 North Ocean Boulevard (Fontaine Fox House) as a local Historic Site, 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. 70-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE PROPERTY KNOWN AS THE FONTAINE FOX HOUSE LOCATED AT 610 N. OCEAN BOULEVARD, WHICH IS MORE FULLY DESCRIBED IN EXHIBIT 1 TO THIS ORDI- NANCE, AS A LOCAL HISTORIC SITE; PROVIDING FOR CERTAIN REQUIREMENTS OF DESIGNATION; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN OVERLAY MANNER SAID DESIGNATION; PROVIDING A NON-SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR A SUNSET PROVISION. (Copy of Ordinance No. 70-89 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. Brainerd moved for the adoption of Ordinance No. 70-89 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. Before roll call the following discussion was had: -6- 10/24/89 The City Attorney advised the approval would then require a change in the name throughout the body of the ordinance. At this point the roll was called to the motion. 11. Resolution No. 78-89. Resolution No. 78-89, transferring the cable television franchise from Sunbelt-Denntronics Limited to National Cable Limited, 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 Interim City Manager presented Resolution No. 78-89: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE TRANSFER OF CABLE TELEVI- SION FRANCHISE FROM SUNBELT-DENNTRONICS CABLE LTD., ALSO KNOWN AS NATIONAL CABLE, TO NATIONAL CABLE, INC. (Copy of Resolution No. 78-89 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. Patrick Casey, Attorney for both Sunbelt-Denntronics, Ltd. and National Cable, Ltd., stated this is simply a change of business form and should have no impact on services. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Resolution No. 78-89, 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. PUBLIC COMMENTS 12.1. Saul Horn, Rainberry Bay, stated at a recent Commission meeting he questioned the pro-rating of annual Golf Course fees during the final year of the license agreement with Mr. Code House and he received no comment from the Commission or the City Manager. He has since learned that this has been accomplished for some members. Upon speaking with Mr. House yesterday, he was told to contact City Hall. He questioned whether or not the City should plan to revoke this arbitrary procedure and enforce pro-rating, as a precedent has been set by the licensee. Mayor Campbell suggested Mr. Horn contact the City Manager and, if Commission attention is needed, it will be considered. 12.2. Alice Finst, 707 Place Tavant, stated at the first Code Board meeting in October, the Good Neighbor Ordinance was to meet its first test of enforcement. She requested that all Commissioners review the tape and listen to what actually happened. She further commented that she feels someone should be held accountable for the results. 12.3. Alice Finst stated a proposal was made earlier to eliminate the Tuesday Night workshops, with the exception of one per month. It is her understanding the Commission met three times last week and she does not understand the inefficiency. 12.4. Alice Finst commented on October 10th, Resolution No. 74-89 was passed and the caption in the agenda was "A resolution assessing costs for abatement action required to remove an unsafe building on property located at 3530 Boulevard Chatelaine". She feels this indicated a demolition, when it was in reality an action taxing costs for boarding up of a building. She suggested the statements be reviewed for accuracy when the agenda captions are written. 12.5. Dick Eckerle, 382 S.W. 27th Avenue, stated he was disturbed when he read of the lack of communication regarding the City's adver- tising. Some time ago there was a plea to support the local newspaper -7- 10/24/89 and he cannot believe the account of the City is so insignificant that it is necessary to use electronic devices to communicate with the local newspaper. He feels they have a responsibility to provide the City with sales representation or some sort of communication in order to avoid this in the future. FIRST READINGS 13. Ordinance No. 67-89. (West Atlantic Avenue No. 2) Ordinance No. 67-89, a voluntary annexation of parcels along West Atlantic Avenue which include the Scotty's Hardware Do-It-Yourself Center, Dunkin Donuts, Taco Bell, Mobil Gas Station, Delray West Plaza, a shopping center with two out buildings, a vacant fast food restaurant and Flagler National Bank with proposed zonings of G.C. and S.C., is before the Commission for consideration on First Reading. If passed, Public Hearing will be held December 12th. The Interim City Manager presented Ordinance No. 67-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH SIX (6) PARCELS OF' LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE SOUTH- EAST CORNER OF WEST ATLANTIC AVENUE AND MILITARY TRAIL, LYING WEST OF WHATLEY ROAD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT, IN PART, AND SC (SPECIALIZED COMMERCIAL) DISTRICT, IN PART; 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 approval of Ordinance No. 67-89 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 questioned when the huge billboard will be removed from this property. The City Attorney advised the amortization period for all non-conforming signs is June or July of 1991. At this time the roll was called to the order. 14. Ordinance no. 68-89. Ordinance No. 68-89, adopting the changes made to the Delint D.R.I. by amending Ordinance No. 79-84 to reflect approval of the conceptual site plan and Resolution No. 49-85 to reflect procedures for processing modification or deviations for approved plans or requirements, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 14th. Ms. McCarty left the Commission Chambers at this time. The Interim City Manager presented Ordinance No. 68-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-84, PERTAINING TO AN 86.423 ACRE PARCEL OF LAND, MORE OR LESS, PRESENTLY ZONED TO THE SAD (SPECIAL ACTIVITIES) DISTRICT AND LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD, BETWEEN LINDELL BOULEVARD AND INTERSTATE-95, SAID LAND BEING IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, BY AMENDING SECTION 3 OF ORDINANCE 79-84 TO PROVIDE THAT THE DEVELOP- MENT OF THE SUBJECT PROPERTY SHALL BE IN ACCORDANCE WITH THE APPROVED CONCEPTUAL MASTER DEVELOPMENT PLAN DATED NOVEMBER 21, 1988, AND SUBSEQUENT SPECIFIC SITE PLANS -8- 10/24/89 APPROVED BY THE CITY CONSISTENT WITH THE CONCEPTUAL MASTER DEVELOPMENT PLAN, ORDINANCE NO. 79-84, AND RESOLU- TION NO. 49-85, IN LIEU OF THE CURRENT SITE SPECIFIC DEVELOPMENT PLANS; 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. 68-89 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 15. Ordinance No. 69-89. Ordinance No. 69-89, providing the authority for the debarment and/or suspension of vendors or contractors from doing business with the City; and contains provisions for right of appeal, hearing and reinstatement of vendors or contractor, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 14th. Ms. McCarty returned to the Commission Chambers at this time. The Interim City Manager presented Ordinance No. 69-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINISTRATION", CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBHEADING, "DEBARMENT OR SUSPENSION OF VENDORS AND CONTRACTORS" TO INCLUDE SECTIONS 36.29 THROUGH 36.32; PROVIDING FOR THE PURPOSE AND AUTHORITY TO DEBAR OR SUSPEND VENDORS OR CONTRACTORS DOING BUSINESS WITH THE CITY; TO PROVIDE FOR CAUSES OF DEBARMENT OR SUSPENSION OF VENDORS OR CONTRACTORS DOING BUSINESS WITH THE CITY; TO PROVIDE FOR A RIGHT OF APPEAL AND HEARING; TO PROVIDE PROCEDURES FOR REINSTATEMENT OF VENDORS OR CONTRACTORS DOING BUSINESS WITH THE CITY; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Andrews moved for the adoption of Ordinance No. 69-89 on First Reading, seconded by Ms. McCarty. Ms. McCarty questioned who fills the capacity of hearing officer as referred to in the agenda, as she could not find it in the ordinance itself. The City Attorney stated it is his understanding that the City Manager or his/her designee has been designated and it will be included in the ordinance. Mr. Andrews amended his motion to reflect the addition, Ms. McCarty 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. 16. Ordinance No. 71-89. Ordinance No. 71-89, a voluntary annexa- tion of the Holland property located at the southeast corner of Military Trail and Linton Boulevard with an initial City zoning of POC (Planned Office Center), is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 28th. The Interim City Manager presented Ordinance No. 71-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE SOUTH SIDE OF LINTON -9- 10/24/89 BOULEVARD, APPROXIMATELY 600 FEET EAST OF MILITARY TRAIL; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO POC (PLANNED OFFICE CENTER) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 71-89 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. 17. Ordinance No. 72-89. Ordinance No. 72-89, rezoning property located at the southeast corner of Lake Ida and Davis Roads (All Ameri- can Enterprises, Inc.) from POC (Planned Office Center) to SAD (Special Activities District), is before the Commission for consideration on First Reading. If passed, Public Hearing will be deferred until site and development plan is submitted and reviewed by the Planning and Zoning Board. The Interim City Manager presented Ordinance No. 72-89: AN ORDINANCE OF THE CITY COM~{ISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN SAD (SPECIAL ACTIVITIES) DISTRICT; SAID LAND BEING A PORTION OF LOT 20, IN BLOCK 1, OF DELRAY SHORES SUBDIVISION, AS RECORDED IN PLAT BOOK 24, PAGES 232 AND 233, PALM BEACH COUNTY PUBLIC RECORDS, BEING IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED AT THE SOUTHEAST CORNER OF LAKE IDA ROAD AND DAVIS ROAD; GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL WITH CERTAIN CONDITIONS; AMENDING "ZONING MAP OF DELRAY BEACH, FLORI- DA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Roger Saberson, representing the applicant, stated the Planning and Zoning Board unanimously approved the request deleting a few of the uses that initially were requested, one of which was Child Care. He is requesting that the Commission put Child Care back as one of the uses and permit the applicant to submit a site plan. Ms. Brainerd questioned where a Child Care facility could perform outside activities at that site. Mr. Saberson advised there is space in the rear for a play area. Their plan is to return to the Commission prior to Second Reading of this ordinance with another site plan, indicating a dedication for an additional right-of-way for Lake Ida Road. Mr. Weatherspoon stated he supports the concept under the condition that it be reviewed the same as Child Care facilities located in other zoning categories. Ms. McCarty commented she would be in favor of a Child Care and would like to review the site plan, because she feels that area of town desperately needs this type of facility. Ms. McCarty moved to adopt Ordinance No. 72-89 on First Read- ing, with Child Care as an additional use, 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 Camp- bell - Yes. Said motion passed with a 5 to 0 vote. 18. Ordinance No. 73-89. Ordinance No. 73-89, rezoning property located at the southeast corner of N.E. 8th Street and Palm Trail -10- 10/24/89 (Henry's Marina) from GC (General Commercial) to SC (Specialized Commer- cial), is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 14th. The Interim City Manager presented Ordinance No. 73-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN SC (SPECIALIZED COMMERCIAL) DISTRICT FOR A PARCEL OF LAND LYING AND BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED AT THE SOUTHEAST CORNER OF N.E. 8TH STREET AND PALM TRAIL; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. McCarty stated she has no problem with the planned use, but is concerned about the SC zoning and the possibility of flashing lights of a used car dealership along the Intracoastal. She suggested an SAD zoning be considered, making the uses easier to control for the marina facility. Mr. Andrews commented that he was a member of the P&Z Board when this was submitted for review on its way to the County. At that time there were very elaborate landscape plans, along with an upgrade of the building, which have not been followed through and he is not pre- pared to move on this. Ms. Brainerd expressed agreement with both comments and a concern relative to the difference between a body shop and a boat restriping facility. Mr. Kovacs advised there is a conditional use request for Boat Sales; however, that property is not yet zoned so there is no request before the Commission at this time. At the next meeting there will be a Public Hearing on the zoning and consideration of two conditional use requests; one being for Boat Sales with a site upgrad- ing; the second is to allow Mr. Canvas, which has existed on the second deck of the building for a one year period, to become legal. The property contains less than one and one-half acres, so if a request for auto-related use was submitted, it would not be accepted. Ms. Brainerd commented that she does not like this. They did not follow through with the original landscape plan and now it is learned there is an illegal use that the Commission is being asked to give conditional approval to, so he can be conforming. Mr. Kovacs stated this item has not been before the City for action. "Mr. Canvas" is a Code Enforcement Board item that has been ongoing for one year. Mr. Weatherspoon questioned if there is no request to sell boats at that location, would there be a need for rezoning. Mr. Kovacs stated the marina would then get to use a non-conforming use. He suggested the Commission proceed with First Reading and the entire package will come before the Commission at the next Regular Meeting, including the conditional use request and Second and FINAL Reading. Ms. McCarty stated she does not want to set a precedent of SC zoning on the Intracoastal, but would prefer stating exactly what is to be permitted. Upon question by Mayor Campbell, Mr. Kovacs stated there will be a conditional use request for Boat Sales and another for fabrication to boat paraphernalia when incidental to uses at a marina. Mr. Kovacs recommended if the Commission would like an SAD category, the item should be continued and the applicant asked if they will voluntarily change the application. Ms. McCarty moved to continue Ordinance No. 73-89 on First Reading with direction to contact the applicant for a change in -11- 10/24/89 petition, 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 - No. Said motion passed with a 4 to 1 vote. 19. Ordinance No. 74-89. Ordinance No. 74-89, amending the Zoning Code to delete references to maximum floors in the RM-15, RM-10 and RM-6 zoning districts, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 14th. The Interim City Manager presented Ordinance No. 74-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND USAGE", CHAPTER 173, "ZONING CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "RM-6 MULTIPLE FAMILY DWELLING DISTRICT", SECTION 173.143, "DENSITY REGULATIONS; EXCEPTIONS FOR DUPLEXES", BY REPEALING SUBSECTION (A) (3) IN ITS ENTIRETY; BY AMENDING "RM-10 MULTIPLE FAMILY DWELLING DISTRICT", SECTION 173.183, "DENSITY REGULATIONS; EXCEPTIONS FOR DUPLEXES", BY REPEALING SUBSECTION (A) (3) IN ITS ENTIRETY; AND BY AMENDING "RM-15 MULTIPLE FAMILY DWELLING DISTRICT", SECTION 173.223, "DENSITY REGULATIONS; EXCEPTIONS FOR DUPLEXES", BY REPEALING SUBSECTION (A) (3) IN ITS ENTIRE- TY, ALL TO ELIMINATE REFERENCES TO MAXIMUM FLOORS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Campbell questioned what the impetus was behind this. The City Attorney advised, it is his understanding, that it was in-house generated in order to conform this section with the other sections of the Code that regulate the maximum height limitations by feet, opposed to floors. Mayor Campbell asked if this will allow a three-floor duplex. Mr. Kovacs confirmed this will allow a three-floor duplex under the RL, RM, and the RH zoning, along with the PRD-4, PRD-7, PRD-10, PRD-L and PRD-H zoning. Ms. McCarty stated she was under the impression that it was to make this consistent with other parts of the Code where square footage is referred to. Mr. Kovacs explained, if the Commission does not adopt this amendment, it means where property is zoned RM-10 or RM-15, there can be no more than three residential floors. This floor limitation is found in the Zoning Code under a section called "Density Exceptions and Duplex Standards" and has nothing to do with those particular items, but rather applies to the entire zoning district. Upon question by Mayor Campbell, Mr. Kovacs stated, if there is a limitation put on the number of residential floors on a property, 48 feet above the crown of the road is the maximum height. This will allow parking on the first floor and three residential floors above it. Ms. Brainerd asked, if this is approved, will the trade-off make more green space by allowing people to use parking on the first floor with living space above it. Mr. Kovacs stated, no, but that the Codes RL, RM and RH that did not have this requirement three or four years ago were changed. Mayor Campbell stated he does not want to see this occur on a single lot that will accommodate one duplex. Mr. Kovacs commented that it will be reviewed, especially the RM-6 category, and a further report given at the Public Hearing. Ms. McCarty moved for the adoption of Ordinance No. 74-89 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. -12- 10/24/89 20. Ordinance No. 75-89. Ordinance No. 75-89, amending the Zoning Code to provide the same setback requirements for townhouses as exists for multiple family dwellings within the specific zoning district, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 14th. The Interim City Manager presented Ordinance No. 75-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND USAGE", CHAPTER 173, "ZONING CODE", "SPECIAL USE REQUIREMENTS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 173.073, "TOWNHOUSES AND TOWNHOUSE DEVELOPMENTS", BY REPEALING SUBSECTION (B), "YARD REQUIREMENTS", IN ITS ENTIRETY, AND ENACTING A NEW SUBSECTION (B), "YARD REQUIREMENTS", TO PROVIDE THAT THE YARD REQUIREMENTS FOR TOWNHOUSES SHALL BE THE SAME AS THOSE FOR ANY MULTIPLE FAMILY STRUCTURE WITHIN THE ZONING DISTRICT IN WHICH THE TOWNHOUSE DEVELOPMENT IS LOCATED; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 75-89 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. REGULAR AGENDA 21. West Atlantic Avenue Beautification. The Commission is to consider the approval of a design and a projected increase in price to landscape the two medians of West Atlantic Avenue, east and west of the Hamlet entrance and authorize staff to proceed forward with the project. Nancy Davila, City Horticulturist, stated this project is different in that there are no curbs on the medians and this is an interim beautification project, doing only what the State will permit in situations such as this. She stated the original estimate was approxi- mately $18,000, but now that there are plans, the estimate is closer to $24,000 or $25,000 and that figure may go up or down, depending on the bidders. Upon question as to the cost factor, Mrs. Davila advised the irrigation system is running about $13,000 or $14,000, as there is a lot of jack and boring to be done and this is coming off the four-inch water main from the Hamlet Golf Course. There will also be a lot of electri- cal work to be done and the balance of the cost is in the plant materi- als. Keeping in mind that this will be three lanes in the future, they want to make sure it is reinforced to the full 36 feet. Mrs. Davila then gave a slide presentation showing how the landscaping will appear. Ms. McCarty moved for approval of the Beautification Project, 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. 22. Approval of Agreement Resolving Sewer Account Dispute. The Commission is to consider approval of an agreement between the City and Mr. Dominic IandiMarino resolving a sewer account dispute relative to the Delray Trailer Park. Ms. McCarty moved for approval of the agreement, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - No; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: -13- 10/24/89 Mr. Weatherspoon questioned how long this saga is to be allowed before the service is discontinued. He feels it is time for this to be resolved. David Huddleston, Finance Director, advised this account is for sewer only and does not receive City wa%~r. The City Attorney stated there will come a point in time in which the City will no longer be obligated to supply this service. Upon question, the City Attorney advised a lien is the means used to collect on this type of service. Mr. Huddleston commented that most residents are billed, based on their water consumption. By default in the ordinance, it would default to 10,000 gallon per unit. Based on the national standards, 10,000 per unit for a trailer park is high. The $6,500 figure arrived at in the settlement, is basically the standard. Ms. Brainerd asked if there are other customers that are only sewerage users who are paying under the default standard and will the Commission be setting a precedent for other people who have paid that higher rate, thereby requesting negotiated settlements. The City Attorney stated, to the best of his knowledge, there is no other trailer property. At this time the roll was called to the motion. 23. Appointment of a Member to the Human Relations Committee. The Commission is to consider the appointment of a member to fill the unexpired term of Joseph Valentino ending March 15, 1991. Mr. Weatherspoon moved to appoint Betty Janin, 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. 24. Denial of Settlement Offer. The Commission is to consider a settlement offer from Irene Montalban in the amount of $55f000 to settle an alleged sexual harassment and discrimination complaint. Upon question by Mayor Campbell, the City Attorney advised the settlement is based on the entire complaint, but they have more detailed information on the sexual harassment than the discrimination and their recommendation is based on that fact. Mayor Campbell questioned, at what point can the equitable circumstances be properly reviewed by the Commission as a political body without jeopardizing the City's position. The City Attorney advised at no time under the Sunshine Law; furthermore, he feels that discussing a potential claims or litigation matter in a public setting is not a good idea at any time. Mayor Campbell stated, in his opinion, the employee was improperly dismissed. There must be an appropriate settlement of the equitable situation and he would like to address that if the Commis- sion concurs. The City Attorney stated the Commission has not directed their office to become involved in any other "investigation" nor have they been asked to "negotiate" the matter. If the Commission would like the City Attorney's office to treat this as a claims matter, they would endeavor to review all of the facts and negotiate resolutions of dis- putes. Mayor Campbell commented he did not feel it was just a resolu- tion of a clai~, but rather fairness and equity. Upon question by Ms. McCarty, Mayor Campbell confirmed he is recommending that the Courts be circumvented, in order for the Commis- sion to deliberate this issue. Ms. McCarty expressed a concern about setting a precedent. Ms. Brainerd stated she would like more information and would like the City Attorney to look into the allegations and get back to the Commission regarding the violation of the personnel policy, indicating whether or not those charges are baseless. Mayor Campbell reiterated his question, relative to an inequity with an employee, as to how an adjustment is made out of the legal -14- 10/24/89 context and is it legal. The City Attorney stated the City Manager's Office and the City Attorney's Office resolve claims that relate to employment issues often without presenting them to the Commission unless it involves a lawsuit. Mr. Andrews commented that he feels the Commission is missing the third paragraph of the memo from the City Attorney. It states (after the sexual harassment data has been reviewed), "As to the other claim set forth in the letter, we do not believe there are sufficient factors alleged, nor legal theories propounded, which would support recommending a settlement to you." Mr. Andrews stated he would go along with what the City Attorney has recommended and will not support this. Mayor Campbell stated he, personally, feels there has been an impropriety and will be willing to go on the stand and testify to that. He suggested, if the Commission consensus is not to accept the full settlement of $55,000, that it be further directed by motion, that the City administration look into the situation for a possible redress of an equitable circumstance. Ms. Brainerd moved to approve that the administration look into the situation for a possible redress, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - No; Ms. Brainerd - Yes; Ms. McCarty - No; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion FAILED with a 3 to 2 vote. Before roll call the following-discussion was had. Mr. Weatherspoon stated, at this time, he feels it is too soon and nothing will preclude the Commission from doing this at a later date. At this point the roll was called to the motion. Ms. McCarty moved to deny the settlement offer, 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. 25. Request for Payment of Legal Fees. (Removed) 26. Designation of Funding Source. The Commission is to consider a request from the City Attorney's office to designate a funding source to pay for outside legal services rendered in conjunction with the Lavers Tennis Center project, acquisition of property for downtown parking garage and research regarding title action for the Central Fire Station and current tennis center sites. The City Attorney stated this is part of what he considered to be Special Projects and, as with bond issues and other property acquisi- tion matters, the City has generally paid the professional services fees from those Specific Project funds. Since he cannot authorize payment from those funds, he brought them before the Commission and if the Commission designates a source for those three different projects, in the future it can be done administratively. Mayor Campbell asked if an alternate source is needed. The Interim City Manager advised the Commission has been provided with a designated area that can accommodate those particular expenditures. Should there be a similar item at a later date, it will be necessary to find another source. Upon question, the Interim City Manager advised there were various construction projects that occurred in prior years, which had small residual balances, a sum of approximately $20,000. Mayor Campbell suggested, unless the Commission wanted to use that fund, that it might be appropriate to use the Impact Fee Fund, as the Tennis Center has been designated as one of the goals and this expense is directly involved with the siting, location and construction of that Capital improvement. The City Attorney advised that there are three separate things to deal with; one is the tennis facility issue, along with the parking garage issue and the short term borrowing. Mayor Campbell suggested, if the Interim City Manager is comfortable with the recommendation, that the Commission go with that. -15- 10/24/89 Ms. McCarty indicated that she would like to use Impact Fees for the tennis center part, in order to keep some money in this uncom- mitted surplus fund. Ms. McCarty moved to designate the funding source for the tennis facility legal work done so far from Impact Fees and the parking garage legal fees from the uncommitted Surplus Construction Fund, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: 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. Authorization to Request Funding from the Department of Envi- ronmental Regulation. The Commission is to consider authorizing staff to apply for funding from DER in an amount approximating $31,445 to construct water line extensions for three residents in a County pocket and one City resident who have contaminated wells. Ms. McCarty moved for approval, 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 Camp- bell - Yes. Said motion passed with a 5 to 0 vote. 28. Conditional Use Approval. The Commission is to consider a request from James H. Batmasian to construct a child care center (Eben-Ezer) on the west side of S.E. 3rd Avenue, between S.E. 2nd Street and S.E. 3rd Street. Catherine Brunson, Attorney representing the developer, stated they appeared at the workshop for the P&Z Board and the Public Hearing. The proposed facility will serve approximately 90 children. A Condi- tional Use approval is needed from the Commission in order for them to proceed with a site plan. Ms. McCarty stated there are currently eight Day Care centers within 2000 feet of this proposed center and she would prefer to see them placed more strategically in the community. She asked at what point these day care centers become a commercial use, as opposed to a residential neighborhood compatible use. She suggested that, in the future, the P&Z or the City Attorney could furnish the Commission with a designation showing at what point the number of children for a specific amount of square footage would indicate commercial use. Ms. Brainerd asked what type of environment this will be. The Attorney advised it will be by age and skill level. Mr. Andrews commented that this site is located within one of the white areas on the Comprehensive Land Use Map, designated for complete replanning. He feels it would be premature to reinforce any type of neighborhood function until such time as the area is replanned. At this time he could not support any kind of development in that area. Mr. Weatherspoon stated he recently visited the area and feels there is a real need, regardless of the number of centers in the area, and it has the potential to upgrade the area making it something all can be proud of. Attorney Brunson advised there are a number of children who will be able to walk to the center so this will not create a significant amount of increased traffic. Mr. Weatherspoon moved for approval of the request, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - No; Ms. Brainerd - No; Ms. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion FAILED with a 4 to 1 vote. 29. Site and Development Plan Approval. The Commission is to consider a request from Bill Wallace for site and development plan approval for two proposed automobile dealerships to be located on the north side of Linton Boulevard, between Germantown Road and S.W. 10th Avenue, if extended northward, subject to the following conditions: -16- 10/24/89 1. Submittal of a revised landscape plan addressing the following: Provide trees a maximum of twenty five feet on center along the entire S.W. 10th Avenue frontage. Provide two additional shade trees along the east perime- ter between Linton Boulevard and the first entry from S.W. 10th Avenue Provide an additional Palm tree along Linton Boulevard and hedge massings at the Linton Boulevard project entry. Provide hedging abutting the Southern Bell Substation property. Provide Bougainvillea planted twelve feet on center of the length of the wall along S.W. 10th Avenue. Provide two additional Queen Palms to be planted around the foundation of the dealership fronting on Linton Boulevard. 2. Submittal of revised Paving and Drainage plans and documents to address the conditions noted under the Engineering Items section of the Staff Report. 3. Submittal of information regarding the adequacy of the employee parking being provided. 4. Subject to Platting prior to issuance of building permit with the preliminary plat submittal to include all items identified under "Previous Conditions of Approval" section of this report. 5. Subject to approval of the abandonment request for Queens Avenue. Ms. Brainerd moved for approval, 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 Camp- bell - Yes. Said motion passed with a 5 to 0 vote. 30. Site Plan Approval. The Commission is to consider a request from the Cracchiola Group for site plan approval for a proposed 48,854 square foot office/warehouse development (Corporate Tech Center) to be located on the east side of South Congress Avenue, between S.W. 29th Street and the L-38 Canal (C-15 Canal), subject to the following condi- tions: 1. Submission of revised water, sewer, paving and drainage plans addressing the following: Fire Hydrant spacing which does not exceed 300 feet of road travel. Handicap signage for designated spaces. Provide signage ("Do Not Enter" signs) both sides of exit from area between buildings. 2. Submission of revised landscape plan addressing the follow- ing: A lighting plan indicating location, direction, height and type. Provide a 5' minimum landscape island at the southwest corner of the building. 3. Submission of a revised site plan addressing the following: -17- 10/24/89 Provide one way north movement for entire area between the two buildings. Amend parking calculations for Building Unit C. 4. Subject to submittal of a Unity of Title between Lot 1 and Lot 2. Ms. Brainerd moved for approval, 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 Camp- bell - Yes. Said motion passed with a 5 to 0 vote. 31. Site and Development Plan Approval. The Commission is to consider a request from Ocean Crest Joint Venture for site and develop- ment plan approval for a proposed 16 unit condominium development (Ocean Crest Condominium) to be located on the east side of State Road A1A, south of Linton Boulevard, between Bermuda High South and Costa Del Rey North Condominiums, subject to the following conditions: 1. Verification that the internal tree count and percentage of internal green space, adjacent accessways and parking is provided. If shortages are identified the landscape plan and site plan must be amended to accommodate the requirement. 2. Amend the site plan to accommodate the following: One additional guest parking space as required pursuant to Section 173.773(A). 3. Submittal of a plat. 4. Submittal of condominium documents addressing rights of Bermuda High West Beach and Tennis Club to utilize guest parking spaces. Ms. McCarty moved for approval, 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 Camp- bell - Yes. Said motion passed with a 5 to 0 vote. 3 1.A. Deleted. 41. Temporary Tent Permit. The Commission is to consider a request from Craig Steinhart, Happy Holiday Christmas Trees, to erect a tempo- rary tent from November 10, 1989, to December 30, 1989, at Lindell Boulevard and Federal Highway for the purpose of selling Christmas trees. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor McCarty took the Chair. Mr. Andrews stated he believes this is the same person who owns a permanent facility on Congress Avenue and there is now a lighting display on this building that he finds offensive and feels this request should be denied. Ms. McCarty stated she concurs, having done some research on this item and has a list of current Code violations that exist on the property. She would like the request to be approved, subject to their compliance of the Code. In the future, she would like the Code to be changed, allowing a temporary tent permit only if there have been no Code violations for 12 months prior to the request. The Interim City Manager commented, for a possible suggestion, the Commission may want to defer this to a Special Meeting on November 7th, preceding the workshop, at which time they will either be in compliance or not. -18- 10/24/89 Mr. Andrews stated he feels the City Attorney should be direct- ed to find a way that makes the mechanisms of justice and enforcement go faster. Mayor Campbell returned to the Commission Chambers at this time. The City Attorney advised the Commission will be receiving the new Code Enforcement ordinance, hopefully, by the next regular meeting, which will allow a one-shot citation. Before that, an immediate option is that any ordinance violation could be dealt with by issuing a notice to appear in County Court. He also stated another option is to deny the request without prejudice, that is, that the applicant would not be precluded from reapplying at some point in the future, if the circum- stances were changed. Ms. Brainerd moved for denial without prejudice, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - No; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 44.B. Award of Bids and Contracts. The Commission is to consider an award of bid to Radio Telemetry and Data Logging System - Data Flow Systems, Inc., in the amount of $374,920, with funding from Wastewater Collection (Account No. 441-5161-536-64.05). Mr. Weatherspoon stated the reason he brought this up was due to the backup material listing a different dollar amount than that of the Agenda. He does not recall a presentation explaining the need and exactly what this is going to do for the City. The Interim City Manager advised there was a presentation made at a workshop; however, it is to provide the City with a feedback system to monitor the ongoing opera- tions of the lift stations through a telemetry process so that it will be known if there are any malfunctions that require attendance at the sight. There are some minor bid irregularities, which also should be accepted. Mr. Weatherspoon moved for approval of the Award of Bid in the amount of $374,920, with funding from Wastewater Collection and to waive any bid irregularities attached to this particular bidder, 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. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 32. Parking Requirements for Community Facilities in Residential Developments. The Commission is to consider a policy revision which would take into account the intended use of a community facility and design of residential development in determining the amount of parking necessary for that facility. Also, that there will be no additional parking requirements for expansion of existing facilities so long as existing parking spaces are ~not diminished. Approval is recommended. 33. Change Order No. 2. The Commission is to consider a Change Order to increase the delivery time an additional 48 days to accommodate the delivery of equipment required to implement the fluoride feed system. No funds are involved in this transaction. Approval is recom- mended. 34. Request for Final Payment. The Commission is to approve a final payment to Youngquist Brothers in the amount of $26,693.00, which includes Change Order No. 1, for the completion of the Delray Beach Golf Course Wellfield Part E. Approval is recommended. 35. Final Plat Approval. The Commission is to consider a request from the Radice Corporation for final plat approval for a proposed 222 unit multiple-family dwelling (Delray Bay/Crosswinds) to be located west -19- 10/24/89 of Homewood Boulevard, south of Linton Boulevard and north of Germantown Road, subject to the following conditions: 1. Receipt of the following permits: H.R.S. permits for water and sewer plan Permit from the County for Linton Improvements, Germantown Road improvements and Germantown Road sidewalk. 2. Receipt of a revised plat and legal description which includes the area containing the irrigation facility. 3. Receipt of a revised plat and dedication statement to reflect the retention of the Southern Bell 10 foot utility easement. 4. Provide copy of the settlement agreement outlining Crosswinds of Delray's right to utilize the lake. 5. Recordation of the temporary construction easement and utility easement for the off-site water main prior to sign-off of the final plat. 6. Provision of certified cost estimates for all improve- ments that are to be subject to a financial guarantee. Approval is recommended. 35.A. Resolution No. 81-89. Resolution No. 81-89, vacating and abandoning easements within a portion of parcel "A", (Delray Bay/- Crosswinds), is before the Commission for consideration. The caption of Resolution No. 81-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ALL EXISTING DRAINAGE, FLORIDA POWER AND LIGHT, INGRESS AND EGRESS, WATER, SANITARY SEWER AND SOUTHERN BELL TELEPHONE AND TELEGRAPH EASEMENTS, EXCEPT THE 45' LAKE WORTH DRAINAGE DISTRICT EASEMENT AS PER O.R.B. 3419, PAGE 1441, WITHIN A PORTION OF PARCEL "A", THE CROSSWINDS PHASE II, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 44, PAGES 34 THRU 36, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 81-89 is on file in the official Resolution Book) 36. Dock Variances. The Commission is to consider requests for dock variances from property owners at 1034 and 1050 Brooks Lane to construct two separate docks up to their common property lines. Approv- al is recommended. 37. Dock Variance. The Commission is to consider a request for a dock variance from a property owner at 315 S.E. 7th Avenue to permit a dock previously constructed to remain as is. Approval is recommended. 38. Second Annual "Harvest Fest" The Commission is to consider a request from the Atlantic Avenue Association to hold the "Harvest Fest" celebration at Veterans' Park on November 10 and 11, 1989, for the following items: 1. Use of Veterans' Park on Friday, November 10th between 9:00 A.M. and 5:00 P.M. and the use of the Parks and Recreation stage. 2. Use of Veterans' Park to hold a "Billy Bowman" Barbecue. 3. Use of Veterans' Park to hold a blue grass concert between noon and 3:00 P.M. on Friday. -20- 10/24/89 4. Use of Veterans' Park to set up several large pieces of farm machinery, hang sponsor banners, set up a cow display and bales of hay for seating. Approval is recommended. 39. Annual Halloween Sidewalk Sale. The Commission is to consider a request from Atlantic Avenue Association to conduct their Halloween Sidewalk Sale on October 27th and 28th on Atlantic Avenue between Swinton Avenue and A1A. Approval is recommended. 40. Delray Art League Exhibit. The Commission is to consider a request from the Atlantic Avenue Association to display art work from the Delray Art League on November 24th and 25th on East Atlantic Avenue, along the sidewalk, between 4th and 5th Avenues. Approval is recommend- ed. 42. Resolution No. 79-89. Resolution No. 79-89, requesting that the Florida Congressional Delegation sponsor legislation relative to H.R. 2380, requesting that the United States Postal Service enable Delray Beach to obtain zip codes which conform to its geographic munici- pal boundaries and requesting the renaming of the Post Office located on Military Trail from the Atlantic Branch to the West Delray Beach Post Office, is before the Commission for consideration. Approval is recom- mended. The caption of Resolution No. 79-89 is as follows: A RESOLUTION ADOPTED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE FLORIDA CONGRES- SIONAL DELEGATION, CONGRESSMAN HARRY JOHNSTON, SENATOR BOB GP~HAM AND SENATOR CONNIE MACK, TO SPONSOR LEGISLA- TION RELATIVE TO H.R. 2380, REQUESTING THE UNITED STATES POSTAL SERVICE TO ENABLE CITIES AND TOWNS THE OPPORTUNITY TO OBTAIN ZIP CODES WHICH CONFORM TO THE GEOGRAPHIC MUNICIPAL BOUNDARIES OF THE CITY OF DELRAY BEACH; QUESTING THAT THE ATLANTIC BRANCH OF THE DELRAY BEACH POST OFFICE BE RENAMED "WEST DELRAY BEACH POST OFFICE". (Copy of Resolution No. 79-89 is on file in the official Resolution Book) 43. Resolution No. 80-89. Resolution No. 80-89, amending the Delint Center Development Order, Resolution 49-85, and a companion to Ordinance No. 68-89, to reflect Commission acceptance of the conceptual site plan and relocation of access to the hotel parcel, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 80-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 49-85, WHICH CONSTITUTES A DEVELOPMENT ORDER BY THE CITY OF DELRAY BEACH IN COMPLIANCE WITH LAW, BY AMENDING SECTION 28 OF RESOLUTION NO. 49-85 WHICH DESCRIBES THE PROCEDURE TO BE FOLLOWED FOR ANY MODIFICATIONS OR DEVIATIONS FROM THE APPROVED PLANS OR REQUIREMENTS OF THE DEVELOPMENT ORDER; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 80-89 is on file in the official Resolution Book) 44. Award of Bids and Contracts. A. Allamanda Gardens Infrastructure - Gateway Construction Company in the amount of $238,263 with funding from Community Development Block Grant Land Development (Account No. 118-1964-554-60.00) and 1989 $4.3 Million Utility Tax Note (Account No. 340-1978-554-60.69). -21- 10/24/89 C. Water Treatment Plant Landscaping - Associates Land- scaping Inc., in the amount of $12,687 with funding from Water Treatment Repair and Upkeep (Account No. 441-5122-536-33.31). Ms. McCarty moved for approval of the Consent Agenda, 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. 45.A.1. Ms. Brainerd stated, as a followup to the workshop of last week relative to contract operations of the water and sewer facility, she has investigated this further and it continues to look good. If anyone would like to discuss it, she will be happy to do this. She feels there is much to be gained. 45.A.2. Ms. Brainerd commented that she feels kudos are deserved by all members of the Commission tonight, as everyone was able to disagree on an emotional issue and come right back, have good humor and use the process of government to move forward. 45.A.3. Ms. McCarty stated a letter was received from Greenacres requesting the Commission to adopt a resolution for the Drug Free School Zone and asked if this is being considered. The Interim City Manager advised it will be drafted for consideration by the Commission. 45.A.4. Ms. McCarty commented a memo was received from the Interim City Manager with regard to a school bus requested by Atlantic High School. The Interim City Manager stated the City no longer has a bus, per se, and suggested, if the City is to provide one, it will have to be funded and rented from an outside agency. Ms. McCarty indicated she is not in favor of this. Ms. Brainerd suggested that direction be sent to those persons and ask them to pursue the acquisition of a school bus funded by the newspapers that they want to visit, as a P.R. gesture on behalf of the newspapers. In other words, she is in favor of supplying an idea opposed to money. Mayor Campbell suggested perhaps this could be supplied by the School Board. The Interim City Manager advised that he will respond with both recommendations. 45.A.5. Ms. McCarty stated a copy of a memo from Chief Kilgore was received regarding a clothing policy relative to senior management staff and she asked the status of this. The Interim City Manager commented this was a two-sided issue; one was to follow Commission instruction with regard to the union employees, which was a completed issue and the other was dealing with employees who, traditionally, do not maintain and use uniforms. It was felt that would not need to be grossed up for tax purposes but, if the Commission would like to establish a policy, that will be done. Ms. McCarty questioned why the Fire Chief does not receive a clothing allowance. She commented that she would prefer to see them in uniform but, if they would like to be in executive type clothing, that should be an expense born by them. Ms. Brainerd expres- sed a desire to learn what surrounding cities do. The Interim City Manager stated some do and some do not. Upon question by Mr. Weatherspoon, the Interim City Manager stated there has been no instruc- tion to expend those funds so they have not been spent. During union negotiations they were instructed to gross up the union employees, who are required to wear uniforms, and they are receiving a tax increment in order to eliminate a taxable occurrence within their income tax. Should the Commission choose to change that, staff needs to be instructed to gross up the other clothing allowances. The Commission concurred to workshop the issue. 45.A.6. Ms. McCarty stated a memo has been received from the City Attorney regarding clarification of the ordinance on recall elections and she asked when this will be on the agenda. The City Attorney announced it is now ready to be placed on the agenda. 45.A.7. Ms. McCarty commented she received a cursory description concerning the City Manager's selection committee and asked if a memo will be forthcoming. The Interim City Manager stated, it is his under- standing, that they will be communicating with the Commission in written form. -22- 10/24/89 45.A.8. Mr. Andrews stated he would like the Commission to be aware of the fact that he has been investigating ideas relative to an arrangement with the CRA. 45.A.9. Mr. Weatherspoon questioned the policy, relative to a request from a news reporter, to look at literature received by Commission members. Mayor Campbell stated if the mail is already exposed they feel they should be able to go through it. The City Attorney advised that some of the reporters in the State have a contrary opinion; that once the mail gets dropped off at the front counter, they are free to go through each envelope and open it. He feels the Commission has some discretion as to procedure and does not feel they are obligated to allow the reporters to go through everything. Mr. Andrews asked if correspon- dence received from staff could be sealed in the future. The City Attorney stated that would not preclude the review of a reporter, unless there was a specific exemption such as litigation work product mater- ials. The argument is, once it leaves the City Attorney's hand and before it gets into the hand of a Commissioner, it becomes a public record subject to disclosure. 45.A.10. Mr. Weatherspoon commented on the memo from the City Attorney regarding the tennis facilities and a letter from FSLIC indicating there can be no negotiations until the process is completed and asked what happens in the interim. The City Attorney advised probably nothing, until more information is received regarding the status of the operation either through Commissioner Andrews or some other formal means of communication. 45.A.11. Mr. Weatherspoon stated, while attending the League of Cities convention in Jacksonville last week, there was an attempt to promote "Cities Amigos", which is an operation to encourage Cities to adopt other Cities within their own areas. He feels some thought should be given to this plan to offer assistance, not only to sister cities across the ocean or other far reaching locations, but also those that are in close proximity to the City and try to develop a good relationship with them. 45.B. There were no Non-Agenda Items from the City Attorney. 45.C. The Interim City Manager stated he would like to give an update on the ongoing police study. A former senior police officer of the City of Miami, prior to becoming Chief outside Chattanooga, was contacted and is very familiar with the south Florida problem as it relates to inter- racial mixes, particularly those that include immigrant populations with different language prgblems. He will be joining the group for the balance of their data collection and contacting the Commission, probably tomorrow, to learn schedules in order that he can meet with you. This is a mutual cooperation program between cities, for which the City will pay out-of-pocket and travel expenses. Mr. Andrews asked what the Judge will be doing and where is he located. The Interim City Manager advised the Judge is in West Palm Beach and is available to the group by phone during the day to answer legal questions. They will be meeting with him in the evening to review work product to the extent that he will be participating in that portion of the endeavor. After that, his position will be a review of that product to make sure that it has met the legal requirements. There are some things that the statutes provide for where there is a great deal of flexibility allowed and a final resolution of whether to go forward or not is vested in the department. They do not necessarily need to go and get an outside support agency to say, "Yes, it has been reviewed and there is sufficiency for you to do this." The question is when those items are done, whether they are being done in the same manner other departments with the same authority do them; whether we apply them either on an uneven basis, depending upon the facts or the individual's concern, or whether we are undertaking those kinds of activities in excess of similar cities faced with similar kinds of problems. The allegations which we've read and part of the information that was sent to the State Attorney and to the Federal prosecutor had to do with those kinds of questions. Those are the kind of questions we were hoping the judge can help formulate answers to. -23- 10/24/89 Mr. Andrews stated he was looking for something with regard to how well the relationship was working between the judicial branch and the enforcement branch; i.e., the City's procedures of arresting, gathering evidence, doing things that carry the arrest through the Court System, how well we are doing with our officers and getting convictions, evidence procedure, etc. He is very concerned whether Delray Beach officers are qualified in gathering evidence and that, when someone is arrested, they are getting a conviction. He feels the Judge is the person to make that assumption and not the police officer. Upon question if Mr. Andrews discussed the data collection process with the Chief, he confirmed that he had not, but commented that he would like the Judge to look at that. He would like to set up an appointment as soon as possible. The Interim City Manager explained that he was proposing, as part of the work product for the individuals that are conducting the surveys and the background now, that they go into the August arrest records to ascertain how various individuals arrested for various criminal charges were treated and how the arrest was conducted from the perspective of the individual who was arrested as opposed to the Police Department's view. He feels that should give some type of insight as to the kind of evidence collected and would help in an analysis of what our expected rate would be. Mayor Campbell declared the meeting adjourned at 10:25 P.M. Clerk ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of October 24, 1989, which minutes were formally approved and adopted by the City Commission on~ /~ /~ City Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -24- 10/24/89