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01-12-88 357 JANUARY 12, 1988 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 7:04 P.M., Tuesday, January 12, 1988. - 1. Roll call showed: Present - Commissioner Richard J. Dougherty Commissioner Marie Horenburger (Arrived 7:07 P.M.) Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - Acting City Manager Robert A. Barcinski and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Commissioner Jimmy Weatherspoon. 3. The Pledge of Allegiance to the flag of the United States of America was given. Mrs. Horenburger arrived at this time. 3.a. Ernest Simon, President of the Greater Delray Beach Chamber of Commerce, stated that at the beginning of this fiscal year they sought to provide a brochure of high quality, which would reflect the quality of the community itself. He stated they now have been able to produce a brochure and he presented a copy to each Commissioner. 4. Mr. Weatherspoon requested that Item 7 be removed from the Consent Agenda and placed on the Regular Agenda. Mrs. Horenburger moved to approve the agenda, as modified, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PUBLIC HEARING 5. Ordinance No. 97-87 - Amending Code - Establishing the Nassau Street Historic District. Ordinance No. 97-87, relative to designating an area located on the north and south sides of Nassau Street, between Venetian Drive. and Ocean Boulevard an Historic Preservation District, is before the Commission for consid~ration 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 Acting City Manager presented Ordinance No. 97-87: AN ORDINANCE OF THE CIT~ COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING AN AREA IN SECTION 16, TOWNSHIP 46 SOUTH. R2LNG~ 43 EAST, PALM BEACH COUNTY, FLORIDA, LOCATED ON THE I~ORTH AND SOUTH SIDES OF NASSAU STREET, BETWEEN VENETIAN DRIVE AND OCEAN BOULEVARD (A1A), AN HISTORIC PRESERVATION DISTRICT; AMENDING THE ZONING MAP OF DELRAY BEACH, FLORIDA, 1983; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 97-87 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 358 laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 97-87 on Second and .FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. 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 CoK~ission as the Consent Agenda: 6. Community Development Block Grant Program Activities - housing Rehabilitation Grant Award and Contract Award. The Commission is to consider approval of the following Housing Rehab Grant Awards: Low Bidder Location Amount First Construction of the Palm Beaches, Inc. 813 S.W. 4th Street $14,710.50 Henry L. Haywood 821 S.W. 4th Street 14,910.00 Frank Fidler/James Brown 221 S.W. llth Avenue 16,695.00 Frank Fidler/James Brown 31 N.W. 4th Avenue 20,895.00 Funds are available in the Community Development Block Grant Program. Approval is recommended. 8. Request for SoliCitation of Funds - Delray Beach Public Library Association, Inc. The Commission is to consider approving solicitation of funds from March 6-19, 1988. Approval is recommended. 9. Polyphosphate - Public Utilities Department. The Commission is to consider an award of a contract to the low bidder Shannon Chemical Company for Polyphosphate for the Water Treatment Plant, at an annual cost of $49,005, with funds to come from the 1987-88 budget. Approval is recommended. 10. Acceptance of Right-of-Way Deed from Ocean city Lumber Company. The Commission is to consider acceptance by the City of 1.8' of right- of-way for N.E. 1st Street in order that the sidewalk could be con- structed up to the existing retaining wall on the Ocean City Lumber property. Approval is recommended. 11. Comment Reqarding Potential Zone Change in an Enclave (60 Day Review). The Commission is to consider a recommendation from the Planning and Zoning Board to file an objection to the proposed County rezoning. 12. Nuisance Abatemcn~. Resolution No. 1-88, assessing costs in the amount of $1,336.50 f¢~ abatement action regarding boarding up an unsafe structure, located at 840 South Swinton Avenue, is before the Commission for consideration. The caption of Res31ution No. 1-88 is as follows: A RESOLUTIOI~ OF T~[E CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORSDH, PURSUANT TO CHAPTER 9, ARTICLE XIII 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 RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. -2- 1/12/88 359 (Copy of Resolution No. 1-88 is on file in the official Resolu- tion Book) 13. Nuisance Abatement. Resolution No. 2-88, assessing costs in the amount of ~3,096.50 for abatement action regarding boarding up an unsafe structure, located at 321 North Swinton Avenue, is before the Commission for consideration. The caption of Resolution No. 2-88 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 9, ARTICLE XIII 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 RECORD- ING OF THIS RESOLUTION, 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. 2-88 is on file in the official Resolu- tion Book) 14. Nuisance Abatement. Resolution No. 3-88, assessing costs in the amount of $990.00 for abatement action regarding boarding up an unsafe structure located at 3530 Boulevard Chatelaine, is before the Commission for consideration. The caption of Resolution No. 3-88 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 9, ARTICLE XIII 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 RECORD- ING OF THIS RESOLUTION, 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. 3-88 is on file in the official Resolu- tion Book) 15. Nuisance Abatement. Resolution No. 4-88~, assessing costs in the amount of $2,090.00 for abatement action regarJing demolition of an unsafe structure, located at 222 N.~. 5th Avenue, is before the Commis- sion for consideration. The caption of Resolution No. 4-88 is as ~!ollows: A RESOLUTION OF THE CITY C~UNCIL OF T~E CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 9, aRTICLE XIII OF THE CODE OF ORDINANCES OF THE CITY O~ DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTIGN REGARDING ~N UNSAFE BUILDING ON LAND(S) LOCATED WITHIN TRE .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 RECORD- ING OF THIS RESOLUTION, 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. 4-88 is on file in the official Resolu- tion Book) -3- 1/12/88 360 Mrs. Horenburger moved for approval ~of the Consent Agenda, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 7. Portable Argon Laser - Police Department. The Commission is to ~onsider award of a contract for Forensic Argon Laser for the develop- ment of fingerprints at crime scenes from Sole source, Omnichrome, in the amount of $11,225, with funds to come from the Law Enforcement Trust Fund. Approval is recommended. Upon question by Mr. Weatherspoon as to what value this device will add to the department, Chief Kilgore advised it will eliminate a lot of work and man hours. It will pick up a lot of fingerprints which otherwise would not be picked up. Mr. Weatherspoon moved to award a contract to Omnichrome for a Forensic Argon Laser in the amount of $11,225, with funds to come from the Law Enforcement Trust Fund, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Planning, Development and Engineering 16. Sign Requirements - Mr. Tan and Mr. Tux. The Commission is to consider a request from Mr. Arnold Aticin, President, Mr. Tan and Mr. Tux to allow the sign requirements to be constructed under the County regulation vs City regulations. Sign to remain as constructed. The Community Appearance Board recommends denial. A representative of Mr. Tan and Mr. Tux stated the property is in Palm Beach County and they obtained their permits from them. In November or December they found out they needed City water and had to abide by the City's codes; however, they did not know there would be any changes with regard to their signs. The sign was made approximately six months ago and put up at the end of October. It is one and a half feet taller than allowed and 25% larger in area than the City allows. Mayor Campbell clarified that the Commission would have to modify the water service agreement to allow the sign as it exists. The City Attorney advised that if they were presently annexed into the City, they would have to amortize their sign by 1991. Digby Bridges, Chairman of the Community Appearance Board, stated that a gentleman appeared before the Board with the landscape plan and, at that time, was informed that he would have to come back before them for the sign approval. The Bcard felt that if the appli- cants came back with the sign which was ~ndicated on the mansard it would not be approved. Mrs. McCarty stated that when the applicants appeared before the Commission a few weeks ago it was men'~ioned that the sign was not constructed until October or November. The~'efore, they were given prior knowledge and she will have to concur with the CAB's recommendation of denial. The rep~esentativc advised that the signs were made at least six months ago. Mayor Campbell questioned when the applicants were first told that the City of Delray Beach would have a say in the free-standing sign. Mr. Bridges stated the earliest he could establish would be at the CAB meeting of October 28th. Mayor Campbell stated there may be some confusion as to whether the applicant understood what sign they were talking about. Mayor Campbell questioned if the City gave the applicant any notification that they would have to have their signs approved in conjunction with the water service agreement prior to that date. The City Attorney stated that the water service agreement is -4- 1/12/88 361 dated December 8th; therefore, it should have been approved at the Commission's November meeting. Mrs. Horenburger stated there is a notarized signature in the agreement which is dated September 25th. Mayor Campbell suggested that if the applicants are willing to give the City an affidavit swearing to the fact that the sign was constructed prior to the Hxecution of the document, which does set forth the condi- tions, they should allow them to keep the sign but it would fall under the amortization schedule for signs in the City. Upon question by Mrs. Horenburger as to whether or not they could take the position that by giving the 'applicants the document and them having had it notarized on September 25th that that was the begin- ning of notification of what they needed to do, the City Attorney advised yes. Mrs. McCarty stated she feels that what they are saying here is that if someone gets a sign constructed before they enter into a water service agreement, and can get an affidavit to attest to that, that it is alright. She feels this is setting a bad precedent. Mr. Dougherty stated he feels there is some confusion on the whole matter and he suggested that they approve the sign and give them an amortization period in which to remove it. Mrs. Horenburger stated she cannot vote for this as she feels they are undermining and undercutting their community standards and are establishing a really serious precedent. Mr. Weatherspoon moved to modify the water service agreement to accept the sign and have it subject to the amortization process which is in place now, seconded by Mr. Dougherty. Mr. Dougherty questioned if they should put a time on the amortization period. Normally, they have a ten year amortization period which has been very unsuccessful. He feels they should make it five years. Mr. Weatherspoon amended his motion to make the amortization period for five years, Mr. Dougherty amended his second. Mayor Campbell requested that the maker of the motion also require at least a minimum affidavit stating that at the time the applicants became aware of the requirements of the Delray Beach code that the sign had already been ordered or constructed. Mr. Weatherspoon amended his motion to also include Mayor Campbell's request, Mr. Dougherty amended his second. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenbur~er - No; Mrs. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. General Administration, Finance and Personnel Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Horenburger took the chair. 17. Up With People Concert. The Commission i~ to consJd~.r a request for donation of $1,000 from the City for the Up With P~ople Concert on Saturday, January 30th at 7:00 P.M. to take place on Atl.~ntic Avenue between 7th Avenue and Palm Square. Also consider street :los- ing, Atlantic Avenue. Atlantic Avenue Association recommends appro',al. Tina Eno, Downtown Coordinator of the Atlantic Avenue Associa- tion, stated it is quite an expensive undertaking to bring this perfor- mance to Delray; however, they want to present it free to the public as they are trying to present a series of promotions in the downtown area to attract people to the shopping district. They need the Commission's help and are requesting a donation of $1,000. Upon question by Mrs. McCarty, Ms. Eno stated they are request- ing that they close Atlantic Avenue from Palm Square to 7th Avenue. The stage will be set up in the parking lot of Atlantic Plaza and they will -5- 1/12/88 362 be closing off the street for the public to view the show. DOT has also approved the street closing. Upon question by Mr. Weatherspoon as to what the total cost will be, Ms. Eno advised it will cost approximately $5,700. This includes all the street closing expenses, barricades, talent and promo- tion related expenses. Mr. Weatherspoon stated he supports the concept of what they are doing; however, he feels the CRA, DDA and merchants should sponsor this activity. He wOuld support the City doing some non-monetary things, but not spending $1,000. Upon question by Mr. Dougherty, the Acting City Manager advised the only place they could get the funds would be from the City Manager's Contingency or Commission's Contingency. Ms. Eno stated that if the Commission cannot see their way towards the entire amount she would appreciate any amount they feel justified. Mrs. McCarty stated ~she feels this will bring something posi- tive to Delray Beach and they will get some positive publicity. She is not in favor of subsidizing every event the downtown wants to put on; however, she feels this particular event is worthwhile and would be in favor of voting for this contribution and have it come out of the City Manager's Contingency. Mr. Dougherty moved to approve the donation of $1,000 with funds to come from the City Manager's Contingency Fund, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - No; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 1 vote. Before roll call the following discussion was had: Mr. Dougherty suggested that the Commission, in its next budget consideration, include an item which would cover such activities which are not considered charitable contributions. Vice-Mayor Horenburger concurred and stated they should have a special events budget under the Parks and Recreation Department. Mr. Weatherspoon stated he feels the Chamber of Commerce, the Rotary Clubs, Kiwanis Clubs, etc., should sponsor such activities, not the City. At this point the roll was called to the motion. 18. Lobbying Contract - UDAG Grant. The Commission is to consider authorizing execution of a contract for lobbying services between the City and William D. Harris & Associates, Inc., associated w.%th the UDAG grant in the amount of $17,500. The Acting City Manager advised he received a ]equest from Procacci Development Corporation for the City to enter into an agreement with William D. Harris & Associates for lobbying activities involved in getting the UDAG grant. The Commission has also been furn%shed a copy of a letter from William D. Harris which indicates that t~le amount of time would be 100 hours and any a~ditional time needed abow~ that would have to have approval from the City. Upon question by Mr. Weatherspoon as to the City'~ chances of getting the grant if they do not employ the lobbyist, the Acting City Manager stated it is a very competitive program and although lobbying assistance would not guarantee them getting the grant, it could be of some help. In the agreement with Procacci Development Corporation, the Commission did agree to pay the attendant, necessary expenses of lobby- ist fees. Upon question by Mr. Dougherty, the Acting City Manager advised the January 8th letter is stating that the $17,500 is for a commitment of 100 hours; any additional hours, if needed and authorized by the City, would be at the cost of $100 per hour. -6- 1/12/88 363 Vice-Mayor Horenburger stated they could make it clear in this agreement and the motion that it is 100 hours at $17,500 and anything further would have to be approved by the Commission. Upon~question by Mrs. McCarty, the Acting City Manager stated the only place they have funding available is either from the Commis- sion's Contingency or the Unappropriated Fund Balance. Mr. Weatherspoon moved to authorize execution of a contract for lobbying services in the amount of $17,500, with funds to come from the Commission Contingency, and the hours should not exceed 100 without prior approval of the Commission, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. Public Utilities 19. Gravity Sewers - North Federal Highway, Phase I. The Commis- sion is to consider award of bid for gravity sewers. Bid opening was held on January 8th. Upon question by Mr. Dougherty, Mr. Pontek, Director of Public Utilities, advised the Engineer's estimate was $390,000. Mr. Dougherty moved to approve Kenova Construction's bid in the amount of $327,796.70, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. 20. Manhole Replacements. The Commission is to consider award of a contract to the low bidder, Southern Pipeline, Inc., for replacement of manholes in Country Manors and Sutton Place in the amount of $22,700.00, with funds to come from the 1987-88 budget. Approval is recommended. Mr. Weatherspoon moved for approval, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - No; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 1 vote. Before roll call the following discussion was had: Upon question by Mr. Dougherty as to what it would cost to build a whole new manhole rather than just repair it, Mr. Pontek advised that they are completely replacing the manholes. Discussion followed on how old the manholes are and how it was determined that they would have to be replaced. At this point the roll was called to the motion. Legal 21. Glenn DeSort vs City of Delray Beach. The Commission is to consider settlement offer of $20,000 regarding Glenn DeSort vs City of Delray Beach. The City Attorney recommends denial. The City Attorney advised he believes the settlement amount is still too high and is recommending the Commission reject it. Mr. Dougherty moved to reject the settlement offer of $20,000, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. Public Safety 22. Recruiting Minority Police Officer Candidates. The Commission is to consider approval of $5,000.00 to cover related expenses (travel, lodging, meals, etc., to Tallahassee) relative to recruiting minority -7- 1/12/88 364 Police Officer Candidates, with funds to come from the Law Enforcement Trust Fund. Approval is recommended. The Acting City Manager advised the approval should be up to $5,000 and will cover the cost of sending the City's personnel, as well as the psychologist, polygraph personnel and testing materials. Vice-Mayor Horenburger questioned if they have polygraph people in Tallahassee they could borrow. Chief Kilgore advised they could use the polygraph person; however, the psychologist and the oral interview board would have to be transported to Tallahassee. Florida A&M has a good criminal justice system and they decided to go there to recruit minority officers. They received two responses from students while the Captain was there and have received two calls since his return. It is very possible it will be cheaper to fly those students to Delray and test them here. Upon question by Mr. Dougherty, the Acting City Manager stated that this is coming before the Commission now as the Law Enforcement Trust Fund requires Commission approval in order to spend any of the monies. Upon question by Mrs..McCarty, Chief Kilgore stated they have four students who have shown interest and they are looking at six; this would make it worthwhile to do the testing in Delray. Mr. Weatherspoon moved to approve the request by the Police Department for the expenditure of up to $5,000 for the minority recruit- ing program, with funds to come from the Law Enforcement Trust Fund, seconded by Mrs. McCarty. Upon roll call .the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. 23.a.1. Leonard Syrop stated that at the beginning of the agenda, there is a consent agenda and the Commissioners make their statements; how- ever, the public does not participate. He questioned how the public can make a comment on the consent agenda. Vice-Mayor Horenburger advised that if any citizen has a comment on the consent agenda they can contact a Commissioner ahead of time and request that it be moved to the regular agenda. 23.a.2. Alice Finst, 707 Place Tavant, representing the Board of Directors of the Homeowners' League of Chatelaine, stated that the School Board will be having hearings on district boundaries for two new schools. It appears that the Barwick Road School will be their neigh- borhood school; however, nothing is firm. She is requesting that the Commission support them in their efforts to be included ~in that school district and either write a letter, ~make a phone call or attend the hearings to speak on their behalf. 23.a.3. Fawn Bradley, 5133 Lake Boulevard, stated she would like to ask the Commission how they could help, and tell her how she can help, alleviate the crime around their schools. It concerns them as parents that their children have to go into an area where there is a lot of crime. 23.a.4. Karen Bauer, 5179 Madison Road, stated they have never had a problem with the quality of education at S.D. Spady Elementary and Carvar Middle School; however, there is a problem with the surrounding crime area. They would like to know what they can do to combat this problem. 23.a.5. Jules Friedman, 5225 N.W. 3rd Street, stated he has written a letter to Commissioner Dougherty which he would like him to read to the rest of the Commission. Mr. Dougherty read Mr. Friedman's letter which stated that he and other golfers would like the Commission to help correct the case of gross favoritism at the Municipal Golf Course. They are Delray Beach residents who pay their greens fees annually; however, they have diffi- culty getting starting times because blocks of time have been set aside -8- 1/12/88 365 for a group known as the Inner Circle. Mr. Code House promised the Commission that no groups would get preference except for the Mens' Association one day a week and the Womens' Association one day a week. The Delray Beach Municipal Golf Course is a publicly owned facility and they feel there should be no room for favoritism. Vice-Mayor Horenburger requested that Mr. Dougherty give the letter to the Acting City Manager so that he can investigate the matter. 24. Mr. Weatherspoon moved for approval of the minutes of the Regular Meetings of November 24, 1987, December 1, 1987 and December 8, 1987 and the Special Meetings of November 20, 1987 and November 21, 1987, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. 25.a.1. Mr. Weatherspoon stated that the City of Arlington, Virginia, created a video called "Survival" and he thought the City of Delray could adopt the same concept. This video would include information such as 911, Police & Fire, trash collections, etc., and would be aimed at the refugees and others in the City who have cultural differences. He feels that if they could create something like this it would go a long way towards addressing some of the basic problems they have in the community. Vice-Mayor Horenburger stated she feels this is a very good idea and they could perhaps look to the School Board as Delray is not the only town having problems and the School Board would have the capability of producing such a video. Mr. Weatherspoon stated he was told that South Tech also has the facilities. 25.a.2. Mr. Weatherspoon stated there are different groups in the City trying to get people registered to vote. He noted in the National League of Cities newsletter that several cities have adopted a policy in which they utilize places where people go frequently and allow them to register there. He feels that Delray might be able to utilize that same concept. He is not sure what the cost or man hours would be; however, with the consent of the Commission, he would like staff to look into this to find out if it is feasible for us to do this. 25.a.3. Mr. Weatherspoon questioned the status of the dual taxation lawsuit with the County. The City Attorney advised there were two lawsuits, one of which the City was not a participant in directly and one which we were. The dual tax suit, which Delray was involved in at one time but subsequently backed out as a direct plaintiff City, has been lost and the cities did not win the issue of duplication of services, Sheriff's road patrol, etc. The second law suit, which Delray did participate in, was won and dealt with the road and bridge tax. 25.a.4. Mr. Weatherspoon stated, with regard to the School Board ~oundary meetings, that he feels it is important that the City partici- oate in whatever fashion it can and the Commission should hold a work- ~hop meeting to discuss this. 25.a.5. Mrs. McCarty stated she concurs with Mr. Weatherspoon regarding the school boundaries and also feels they need to workshop this item and hake a statement. 25.a.6. Mrs. McCarty stated that the CRA has written a letter to Mayor Campbell requesting a special workshop concerning the City Hall block and what they intend to do with it. If the Commission concurs, she would like to hold such a meeting and come to grips with the situation. 25.a.7. Mrs. McCarty stated that Mr. Weatherspoon alluded to the National League of Cities Conference which they attended. This is the first opportunity they have had since they came back to address any of the things they learned. She would like to suggest that the Commission sit down, with the staff members who attended, to exchange ideas and discuss which ones are feasible for Delray and which are not. -9- 1/12/88 366 Mr. Weatherspoon stated he feels if any Commissioner has an idea they could bring it forward; he cannot see why they have to sit down as a group. Mr. Dougherty stated he concurs with Mrs. McCarty and feels they should have a workshop meeting. Mayor Campbell returned to the Commission Chambers at this time. Mrs. Horenburger left the Commission Chambers at this time. It was the consensus of the majority of the Commission to have staff check on convenience of time and hold a meeting. 25.a.8. Mrs. McCarty stated they received a letter from the Chairman of the Human Relations Committee and a response from the Acting City Manager and Chief Kilgore concerning the organization of a Police Athletic League. She would like to schedule this on an upcoming work- shop to discuss this with the HRC and investigate it more thoroughly. Following discussion, it was the consensus of the Commission to discuss this at the next workshop meeting. 25.a.9. Mrs. McCarty stated she would like to organize some kind of mechanism, either budgetary or fund raising, to be able to have Christ- mas lights on all the City's government buildings, not just the Police Station. 25.a.10. Mrs. McCarty questioned where they stand on the issue of the tennis courts and the scrub. Mrs. Horenburger returned to the Commission Chambers at this time. The Acting City Manager stated it is still in the County's office and they are asking for another extension from the property owner. Mayor Campbell advised he spoke to Commissioner Wilken's staff and the County Manager's office and was told they have some concern where they are going to get the money. He suspects it will be on the County's agenda within a very short time. 25.a.11. Mrs. McCarty questioned the status of the golf course clubhouse renovation. The Acting City Manager advised he has a meetlng scheduled tomorrow afternoon with the Director of Parks and Recreation and Mr. Simon. 25.a.12. Mrs. Horenburger stated she talked to Mr. Dave Smith from the DOT regarding the A1A drainage. Last year they did a small project and this year they are going to do a major project as the drainage is still a problem. The drawings are being done and should be coming soon. 25.a.13. Mrs..Horenburger stated, regarding child care, that some time ago they did discuss the possibility of impact fees for child care. She feels that they need to make a decision to either fund out of ad valorem taxes, which she has a problem with, or look at impact fees, or some other method, to provide funding. She would like to workshop this item in a few weeks and, in the meantime, have the Commission think about this and look at other creative methods. 25.a.14. Mrs. Horenburger stated the Commission was furnished a memo regarding the Germantown Road bridge repairs which will be starting in a few months. The bridge is used by a lot of business people, partic- ularly IBM, and she feels they need to send a notice in advance to IBM and the residents in the area. 25.a.15. Mayor Campbell stated when they have the meeting suggested by Mrs. McCarty regarding their NLC conference, he would also like to discuss the policy for future trips and whether or not the Commission is satisfied with the current policy. 25.a.16. Mayor Campbell stated they should be getting their agenda ready for the upcoming Legislative session. Kathy Daley will be looking to the Commission for items that need to come before the Legislature. -10- 1/12/88 367 staff is already working with her in this regard and he feels the Commission need to also discuss this. One of the things that Ms. Daley indicated to him was that there may be a considerable amount of money for infrastructure financing in the Governor's budget. He feels that the people who have the best programs and are coordinated the best in approaching the- Legislature are going to be able to come through the process better than those who do not. He feels that this is exactly the kind of infrastructure support that the City should ask the Legislature for and is a logical follow-up to a Legislative Act, which was the Enclave Act. He requested that both the Commission and staff think about this to see if it is an appropriate item to bring to the Legisla- tive session. Mrs, Horenburger stated she received another report which stated tha~ the Secretary of the DOT is already taking half the money and 9attling the Secretary of Education for another large part. There- fore, she feels they should not get too hopeful in receiving any money as t~ere will be very little left. 25.b.1. The City Attorney stated, regarding the Dixie Boulevard re- alig'%ment issue, that he has everything needed to go forward if the Commission wishes to. He was about to negotiate a contract but heard that the Commission no longer wished to buy the property. Before going ahead, he would like to get the Commission's position On this matter. It was the consensus of the Commission to continue' with the negotiations for the purchase of the parcel at the end of Dixie Boule- vard. Mayor Campbell declared the meeting adjourned at 9:10 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 January 12, 1988, which minutes were formally approved and adopted by the City Commission on ~, J~/~F~- NOTE TO READER: If the minutes that you have received are not completed as indicatec above, then this means that these are no~ the official minutes of City Commission. They will become the official minutes only after they have been reviewed and appI-oved which may involve some amendments, additions, or deletions to the minutes as set forth above. -11- 1/12/88