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10-27-87 OCTOBER 27, 1987 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 7:09 P.M., Tuesday, October 27, 1987. 1. Roll call showed: Present - Commissioner Richard J. Dougherty Commissioner Marie Horenburger Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - Acting City Manager David M. Huddleston and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Dr. William S. Echols, Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mayor Campbell presented a proclamation proclaiming October, 1987, as "Lupus Awareness Month". A representative of the American Lupus Society of Southeast Florida came forward to accept the proclama- tion. 5. Mr. Dougherty requested that Item Nos. 23 and 24 be removed from the Consent Agenda and placed on the Regular Agenda. Mrs. Horenburger stated a correction needs to be made in the wording of Item No. 14 of the Consent Agenda. It should read, United Way of South Palm Beach County. Mrs. Horenburger moved to approve the agenda as amended, 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. PUBLIC HEARING 6. Ordinance No. 81-87 - Amending Zoning Code - Definition of Family. Ordinance No. 81-87, amending Chapter 30 "Zoning" of the Code of Ordinances relative to definition of family, is before the Commission for consideration on Second and FINAL Reading. The City Attorney stated as a result of modifications made over the past two weeks, the Caption has been changed and will not be on for Second and FINAL Reading, but rather for First Reading. It was kept on the Agenda as is because there was the Caption Notice for tonight. The Second and FINAL Reading will be on the Agenda for November 10th. Mr. Weatherspoon moved to reconsider the agenda so Item No. 6 can be moved into the regular part of the agenda, 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. Mrs. Horenburger moved to place Item No. 6 subsequent to Item No. 29, 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. (Note: Later in the meeting a motion was made to postpone Ordinance No. 81-87 indefinitely). 7. Ordinance No. 82-87 - Amending Code - Garbage and Trash. Ordinance No. 82-87, amending Chapter 12 "Garbage and Trash" of the Code of Ordinances relative to increasing fees, 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 Acting City Manager presented Ordinance No. 82-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12, "GARBAGE AND TRASH" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE I, "IN GENERAL", SECTION 12-15, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASES IN GARBAGE AND TRASH SERVICE CHARGES AND FEES; AND BY AMENDING SECTION 12-19, "COLLECTION CHARGE FOR BAD CHECKS", TO PROVIDE FOR AN INCREASE IN THE COLLECTION CHARGE FOR BAD CHECKS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 82-87 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 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. 82-87 on Second and FINAL Reading, 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. 8. Ordinance No. 86-87 - Amending Code - Increasing Permit Fees. Ordinance No. 86-87, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to increasing permit fees, 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 Acting City Manager presented Ordinance No. 86-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CONSTRUCTION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE II, "BUILDING CODE", SECTION 9-17, "AMENDMENTS AND ADDITIONS TO CODE", SUBSECTION 107.4, "SCHEDULE OF PERMIT FEES", SUBPARA- GRAPHS (c) (I) , (II) , (III) , (IV) , (V) , (VI) , AND (IX) , TO MODIFY PERMIT FEES FOR NEW BUILDINGS AND ADDITIONS, MISCELLANEOUS PERMITS, SUB TRADE PERMITS, PERMIT FEES FOR LONG-TERM PERMITTING, PERMIT FOR MOVING OF BUILDING OR STRUCTURE, PERMIT FOR DEMOLITION OF BUILDING OR STRUCTURE AND CERTIFICATE OF OCCUPANCY; BY AMENDING ARTICLE III, "GAS CODE", SECTION 9-31, "ADOPTED", SUBSECTION 113.4, "SCHEDULE OF PERMIT FEES", SUBPARAGRAPHS (a) AND (c), TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES; BY AMENDING ARTICLE IV, "MECHANICAL CODE", SECTION 9-42, "ADOPTED", SUBSECTION 106.3, "SCHEDULE OF PERMIT FEES", SUBPARA- GRAPHS (a) AND (c) , TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES; BY AMENDING ARTICLE V, "PLUMBING", SECTION 9-54 , "CODE AMENDED" , SUBSECTION 113 . 4 , "SCHEDULE OF PERMIT FEES", SUBPARAGRAPHS (a) AND (c) , TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES; SECTION 9-67, "WELLS FOR POTABLE WATER", SUBPARAGRAPH (g), "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES; AND SECTION 9-68, "WELLS FOR NONPOTABLE WATER AND SPRINKLER SYSTEMS", SUBSECTION (e), "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES; AND BY AMENDING ARTICLE VI, "ELECTRI- CITY'', DIVISION II, "PERMITS AND INSPECTIONS", SECTION -2- 10/27/87 9-100, "PERMIT FEES GENERALLY", SUBSECTIONS (a) AND (c), TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 86-87 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 laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. The City Attorney advised prior to the motion all the effective dates are to be November 1, 1987. Mrs. Horenburger moved for the adoption of Ordinance No. 86-87 on Second and FINAL Reading, 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. 9. Ordinance No. 87-87 - Amending Code - Increasing Permit Fees for Moving Buildings. Ordinance No. 87-87, amending Chapter 9 "Build- ings and Construction" of the Code of Ordinances relative to increasing permit fees for moving buildings, is before the Commission for consider- ation 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. 87-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CONSTRUCTION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE XIV, "MOVING BUILDINGS", SECTION 9-501, "PERMIT FEE", TO PROVIDE FOR AN INCREASE IN THE PERMIT FEE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 87-87 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 laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 87-87 on Second and FINAL Reading, 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. 10. Ordinance No. 88-87 - Amending Code - Tree Removal Permit Fees. Ordinance No. 88-87, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to tripling the fee for tree removal when work has begun without a permit, 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. Mrs. Horenburger left the Commission Chambers at this time. The Acting City Manager presented Ordinance No. 88-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CONSTRUCTION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE XI, "TREE AND SHRUB REMOVAL AND PROTECTION", SECTION 9-394, "PERMIT REQUIRED FOR REMOVAL", TO ADD A NEW SUBPARAGRAPH (e), "FEE TO BE TRIPLED WHERE WORK BEGUN WITHOUT PERMIT", TO -3- 10/27/87 PROVIDE FOR FEES TO BE CHARGED WHERE WORK BEGINS WITHOUT A PERMIT; SECTION 9-397, "RELOCATION OR REPLACEMENT OF TREES", TO PROVIDE FOR AN INCREASE IN THE REMOVAL FEE; AND SECTION 9-399, "TREE REMOVAL PERMIT FEE", TO PROVIDE FOR AN INCREASE IN THE REMOVAL PERMIT FEE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 88-87 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 laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 88-87 on Second and FINAL Reading, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 11. Ordinance No. 89-87 - Amending Code - Increasing Permit Fees for Tents and Temporary Structures. Ordinance No. 89-87, amending Chapter 16 "Offenses-Miscellaneous" of the Code of Ordinances relative to increasing the permit fees for tents and temporary structures, 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 Acting City Manager presented Ordinance No. 89-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16, "OFFENSES-MISCEL- LANEOUS'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE I, "IN GENERAL", SECTION 16-3, "ASSEMBLIES IN TENTS, TEMPORARY STRUC- TURES'', SUBPARAGRAPH (C), "PREREQUISITES TO APPROVAL", SUB-SUBPARAGRAPH (3), "BUILDING DEPARTMENT", TO PROVIDE FOR MODIFICATIONS TO THE PERMIT FEES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 89-87 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 laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 89-87 on Second and FINAL Reading, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 12. Ordinance No. 90-87 - Amending Ordinance No. 6-81 - Addition to Acquilano SAD. Ordinance No. 90-87, amending Ordinance No. 6-81, which rezoned the Acquilano Property, a 2.03 acre parcel, located on the west side of South Federal Highway, between S.E. 10th Street and the Delray Mall, to SAD (Special Activities) District, to add "Dance School/- Ballroom'' as an additional conditional use, 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 Acting City Manager presented Ordinance No. 90-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2(A) OF ORDINANCE NO. 6-81, AS AMENDED BY ORDINANCE NO. 15-81 AS FURTHER AMENDED BY ORDINANCE NO. 50-83, TO SPECIFICALLY PROVIDE AN ADDITION TO THE CONDITIONAL USES SECTION OF SAID -4- 10/27/87 ORDINANCE TO PERMIT DANCE SCHOOL/BALLROOM AS AN ADDI- TIONAL CONDITIONAL USE, SAID ORDINANCE NO. 6-81 ESTAB- LISHING AN SAD (SPECIAL ACTIVITIES) DISTRICT ON THE PROPERTY BEING APPROXIMATELY 2.03 ACRES LOCATED ON THE WEST SIDE OF U.S. 1, BETWEEN LINTON BOULEVARD AND S.E. 10TH STREET IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 90-87 is on file in the official Ord- inance Book) Mrs. Horenburger returned to the Commission Chambers at this time. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 90-87 on Second and FINAL Reading, 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. 13. Ordinance No. 91-87 - Amending Code - Signs in Setbacks. Ordinance No. 91-87, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances to provide standards for signs lying partially in the setbacks, 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 Acting City Manager presented Ordinance No. 91-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CONSTRUCTION", ARTICLE VIII, "SIGNS AND BILLBOARDS", SECTION 9-212, "CLEARANCE HEIGHT AND SETBACKS", SUB- SECTION B, "SETBACKS", BY ENACTING A NEW SUBSECTION (3) TO PROVIDE STANDARDS FOR SIGNS LYING PARTIALLY IN THE SETBACK; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 91-87 is on file in the official Ord- inance 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. Mrs. Horenburger moved for the adoption of Ordinance No. 91-87 on Second and FINAL Reading, 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. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 14. Request for solicitation of Funds - United Way Of South Palm Beach County. The Commission is to consider a request for approval of solicitations on the following dates: October 1st to December lst: Business campaign/employees in the work place. November 1st to January 31st: Residential mailings to families. -5- 10/27/87 15. Reconstruction of Alley between the Delray Beach Library and the Chamber of Commerce. The Commission is to consider an award of contract to the low bidder, Charles S. Whiteside, Inc., in the amount of $14,825, for reconstruction and drainage, with funds to come from the 1986/87 resurfacing (carryover). Approval is recommended. 16. Drainage Project - Jasmine Drive and Cypress Drive. The Commission is to consider an award of contract to the low bidder, Molloy Brothers, Inc., in the amount of $29,150, with funds to come from the 1987 Bond Issue. Approval is recommended. 17. Surplus Portable Radios and Surplus Radio Pagers - Police Department. The Commission is to consider approval of the purchase of surplus radio equipment in the amount of $7,135 from dissolution of South Palm Beach County CDC, with funds to come from the Law Enforcement Trust Fund. City Commission approved a previous purchase in the amount of $47,130 at the September 22nd meeting. Approval is recommended. 18. Supplemental Investigative Funds to Participate in Joint Task Force Investigation. The Commission is to consider approval of a request for $10,000, with funds to come from the Law Enforcement Trust Fund. Approval is recommended. 19. Computers and Printers - Fire Department. The Commission is to consider approval of the purchase of three computers and printers and one additional external disk drive in the amount of $13,500, with funds to come from the Utility Bond Fund. Approval is recommended. 20. Equipment for New Rescue Units - Fire Department. The Commis- sion is to consider an award of contract to Physio Control, sole source for two Life Pak 5s with cables and chargers, two protective cases and four extra batteries in the amount of $16,500, with funds to come from the 1987/88 budget. Approval is recommended. 21. Renewal of Medical Director's Contract. The Commission is to consider renewal of a contract between the City and Dr. Kenneth Lee through September 30, 1988, in the amount of $18,000, with funds to come from the 1987/88 budget. Approval is recommended. 22. Stabilized Sod - Bethel Evangelical Baptist Church. The Commission is to consider approval of a request for stabilized sod as a parking surface for the Bethel Evangelical ~aptist Church, located at the northeast corner of S.W. 8th Avenue and S.W. 8th Court. The Plan- ning & Zoning Board and the City Engineer recommend approval. 25. Water Service Agreement - Chamberlain. The Commission is to consider approval of an agreement between the City and Chamberlain regarding water service. 26. Retreat for Community Direction. The Commission is to consider approval of a request for endorsement and contribution of $10,000 to support a six month Citizen Study Group, with funds to come from the Commission Contingency Fund. 27. Nuisance Abatement. Resolution No. 44-87, assessing costs in the amount of $2,029.50 for abatement action regarding demolition of an unsafe building located at 220 S.W. 4th Avenue, is before the Commission for consideration. The caption of Resolution No. 44-87 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 -6- 10/27/87 LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 44-87 is on file in the official Resolution Book) 28. Nuisance Abatement. Resolution No. 45-87, assessing costs in the amount of $1,485.00 for abatement action regarding demolition of an unsafe building located at 672 Lindell Boulevard, is before the Commis- sion for consideration. The caption of Resolution No. 45-87 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. 45-87 is on file in the official Resolution Book) Mr. Weatherspoon moved for approval of the Consent 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. REGULAR AGENDA Planning, Development and Engineering 29. Site Plan Approval - Delray Town Center (Pugliese). The Commission is to consider a request for site plan approval for Delray Town Center, located at the northeast corner of Linton Boulevard and Military Trail. The Planning & Zoning Board recommends denial. Mayor Campbell stated there was a verbal request last week that this item be scheduled for two weeks from tonight. However, a statement was made at a P&Z Public Hearing that the meeting was set for tonight and notices were sent in reliance on that. Site Plans are not normally Public Hearings but, due to the confusion, the Commission is giving the public an opportunity to make a statement. It will be given very thorough consideration. If the Commission desires, they may act on this item tonight or they may extend or postpone voting until two weeks from tonight. At this time the following persons came forward and voiced their opposition to this item because of a change in what was originally proposed on the site plan, increased sanitary services, increased traffic congestion and hazards, an increase in noise and air pollution, additional vacant retail spaces and increased police protection: Helen Coopersmith, Norman Ross, Hugh Clinton, IrVing Brandt, Sam Schwimer, John Adams, Irving Blatt, Robert Fine and Edna Chauser. Robert Schmier, representing Schmier and Feurring Properties, developers of the project, stated one reason for the request for the continuance was due to the fact that the developer understood there was to be a continuance prior to the notice going out. Also, they have been attempting to resolve an issue relative to one of the access points and a right-of-way. They believe the concept of the site plan conforms to the City Ordinance. This is not a Land Use change, a Rezoning or a Special Exception. In order for a shopping center to be successful, there must be an anchor store, which is a department or a food store to draw the people to the center. At the time Schmier and Feurring agreed -7- 10/27/87 to become a joint venture with Alfieri-Pugliese, the original site plan did not indicate there was an anchor store on the site. After speaking with the food store people and learning their study, as well as that of the developer, all indications were that this would be an excellent location, precipitating the site plan revision request. Mr. Dougherty moved to approve the P&Z recommendation to deny the request, seconded by Mrs. Horenburger. Mr. Weatherspoon stated the applicant has requested that this item be postponed for two weeks. In all fairness, he feels the Commis- sion has an obligation to honor that request. Therefore, he cannot support the motion on the floor. Mrs. McCarty stated she feels the Commission is consistent in granting continuances or postponements, to allow an applicant sufficient time to accomplish the necessary tasks in order to comply with the requests of the City. She cannot support the motion on the floor. Mayor Campbell stated the request was made to him, but he was not aware it was to be before the Commission tonight. When it was discovered a public statement had been made that it would be considered tonight and notices had been mailed, he felt it to be extremely inconve- nient to the public to request them not to appear tonight. He had also spoken to the developer prior to learning the public would be present; therefore, he feels obligated out of custom and courtesy to allow the privilege of the postponement. Mr. Dougherty stated he feels all members of the Commission should have had an opportunity to consider if a postponement was in order. He feels the developer has indicated no substantial change that will bring the project back to its original concept. This is a perfect example of why the "Use it or Lose it" ordinance should be adopted. He feels this project should move forward only under the original concept that was proposed, is not in favor of a postponement and feels the request should be denied. Mayor Campbell stated the City does have a method of insuring that a site plan is fully complied with. That method is called Special Activities District. When there is a vacant parcel of property and the City wants to tie the hands of a proposed developer to exactly what he says in his representations, this can be accomplished by a SAD Zoning. Not only is the site plan approved, with no deviation, but the uses on the property are specified in detail. He suggested this at the time of the rezoning, as this is one way to protect the community from situa- tions such as this. Mr. Dougherty stated he feels that is what was done, even without the SAD zoning. He feels there is an obligation on the part of the developer to produce what the City Commission approved. Mr. Weatherspoon made a substitute motion to continue the item until November 10, 1987, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - No; Mrs. Horenburger - Yes; Mrs. 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: Mrs. Horenburger stated she agrees this has been very confusing for all concerned and she feels it should have been heard tonight. However, she does not support the site plan but she does support the postponement. At this point the roll was called to the motion. Mayor Campbell declared a recess the time being 8:35 P.M. The meeting reconvened at 8:44 P.M. 23. Policy for Processing of Amendments to an SAD. The Commission is to receive and file a transmittal of Planning & Zoning Board action -8- 10/27/87 regarding policy for processing of modifications to SAD. The Planning & Zoning Board recommends approval. 24. Policy for Processing 1988 Land Use Plan Amendments. The Commission is to receive and file a transmittal of Planning & Zoning action setting forth a policy regarding when two allowable Land Use Plan Amendments will be processed. The Planning & Zoning Board recommend approval. Mr. Dougherty requested Items No. 23 and 24 be placed on a future workshop agenda as there seems to be a difference of opinion between the Planning Director and legal counsel. Mr. Dougherty moved to have Items No. 23 and 24 postponed to an upcoming workshop, 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. 6. Ordinance No. 81-87 - Amending Zoning Code - Definition of Family. Mrs. McCarty moved to postpone this item indefinitely, seconded by Mrs. Horenburger. 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. Before roll call the following discussion was had: Mr. Dougherty stated he feels there is an agreement on two persons per bedroom plus two, but not on the definition of family itself. Mrs. McCarty stated that is part of the housing code. The City Attorney advised the existing code now allows two persons per bedroom. The change in this ordinance other than the two persons per bedroom is that the methodology of enforcement was prior- itized. The wording in this particular proposal indicated this would be looked at first to the exclusion of the former, if complied with. If the review should be halted at the point of counting two per bedroom plus two, without having them comply with the definition of family, potentially it would be more permissive because a group would not meet the definition of family. However, they would have sufficient bedrooms to accommodate those persons and eliminate any further inquiry. Mayor Campbell stated this is an urgent concern to a number of citizens and requested the Commission to attempt to resolve it as quickly as possible. The City Attorney advised if the Commission has no intention of revisiting the ordinance, he feels it would be best to get rid of it. At this point the roll was called to the motion. 30. Conditional Use and Site Plan - Delray Auto Grooming (Weatherspoon Car Wash). The Commission is to consider approval of conditional use and site plan for Delray Auto Grooming, located at N.E. 2nd Avenue and N.E. Second Street. The Planning & Zoning Board recom- mends approval subject to modification and the following conditions: a) that if the traffic flow pattern is reversed, the alley access shall be eliminated and replaced with landscaping; b) that a Unity of Title be provided prior to applying for a building permit; c) that the technical site plan items identified in the P&Z staff report be incorporated with the "final" site plan; d) that after six months of occupancy the P&Z Board shall review the hours of operation and if warranted cause the hours of operation to be limited; and e) that the intensity of the use be reduced by the elimina- tion of one wash bay; f) that the site plan modifications created by the removal of the wash bay be reflected in a revised site plan and -9- 10/27/87 said changes be processed as a "minor site plan modifica- tion'' . Mr. Weatherspoon stated that due to a conflict of interest on this item, he will not be voting. At this time Mr. Weatherspoon left the Commission Chambers. Upon question by Mrs. Horenburger, Mr. Kovacs stated there is no restriction on hours of operation at this time. Under Conditions of Approval, Item (d) states that after 6 months of occupancy the P&Z Board shall review the hours of operation and if warranted, cause the hours of operation to be limited. Mrs. Horenburger stated she feels the hours of operation should not include the hours from midnight to six or seven A.M. when most people are sleeping. Mrs. McCarty stated she has a concern with the hours of opera- tion from a security viewpoint. Mr. Kovacs stated this matter was discussed at the P&Z Board, resulting in the addition of Item (d). Willie Weatherspoon, 1337 S.W. 25th Avenue, stated he respects the Commission's concern for security; however, he feels this is no different from places such as the Post Office or all-night stores. Those persons are very much aware of the risk they are taking when they visit these places at a late hour. At the same time, there are many people who work different shifts and he does not feel they should be denied the opportunity to use the car wash because of a work schedule. If there is a major concern in the months to come, he is confident the City will take the necessary action to rectify the situation. Mrs. Horenburger questioned if the access to the alley remains. Mr. Kovacs stated it is not a requirement to have it removed. Digby Bridges, Architect, stated that it will be removed and the dumpster will be relocated. He feels the only other condition that should be removed is the water recycling. Mayor Campbell stated one of the problems he sees with many businesses, is the aesthetics of lighting. He requested there be no naked neon bulbs or lighting hanging from the ceiling that will be visible from the roadways. Mrs. McCarty questioned if it is necessary to have the hours of operation as a condition or is it possible to have the potential there if there is a problem later without being specific with regard to a review period. The City Attorney stated a regulatory ordinance could be enacted requiring all businesses in the GC District to be closed after 6:00 P.M., but as a site plan matter, he has a concern about revisiting an issue after site plan approval. Mayor Campbell stated if a problem arises, perhaps a general ordinance should be addressed on that type of facility, city wide, saying they shall not remain open beyond 11:00 P.M. The City Attorney stated another way to accomplish this would be to make it a condition of the Conditional Use approval and Site Plan approval. It should be stated that if the facts and circumstances warrant, based on material gathered between now and six months from this date, the applicant would be required, as a condition of the Conditional Use approval, to reduce the hours of operation as set then by the City Commission. It is possible to regulate the hours of operation of a use considered to be unique. Mrs. Horenburger moved for approval of the Conditional Use and Site Plan eliminating Item (d) on Page 2 in the site plan recommendation and eliminating Item 4, the recycling of the wastewater in the STANDARDS FOR EVALUATING CONDITIONAL USES AND SITE PLANS, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. -10- 10/27/87 Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mr. Weatherspoon returned to the Commission Chambers at this time. 31. Happy Holiday Christmas Trees - Temporary Tents. The Commis- sion is to consider approval of a request for two temporary tents on a vacant lot between Dumar Plaza and South Delray Shopping Plaza on South Federal Highway from November 10th to December 31st. Approval is recommended. Mrs. Horenburger moved for approval, 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. 32. Revised Water Service Agreement Format. The Commission is to consider approval of a revised water service agreement format. The Planning & Zoning Board recommends approval. Mrs. Horenburger moved to move this item to a workshop meeting for discussion, 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. 33. Policy Regarding Processing of Annexation and Initial Zoning. The Commission is to consider the adoption of a proposed policy regard- ing the procedures for processing any request for annexation of territo- ry in the City. The Planning & Zoning Board recommends approval. Mrs. Horenburger moved for approval, 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. Mrs. Horenburger left the Commission Chambers at this time. 34. Ordinance No. 92-87 - Amending Zoning Code - Increasing Land Development Application Fees. Ordinance No. 92-87, amending Chapter 30 "Zoning" of the Code of Ordinances relative to increasing the land development application fees and Board of Adjustment fees, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 10th. The Acting City Manager presented Ordinance No. 92-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-4.5, "LAND DEVELOPMENT APPLICATION FEES", BY INCREASING THE FEE SCHEDULE FOR LAND DEVELOP- MENT PROCEDURES; BY AMENDING SECTION 30-29, "SCHEDULE OF FEES, CHARGES AND EXPENSES", BY INCREASING BOARD OF ADJUSTMENT FEES; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 92-87 on First Reading, seconded by Mrs. McCarty. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mrs. Horenburger returned to the Commission Chambers at this time. -11- 10/27/87 35. Appeal to Decision of Community Appearance Board - Byrons Furniture Plaza - Sign. The Commission is to consider an appeal of the CAB decision regarding a sign. Upon question by Mayor Campbell, a representative from Byron's Furniture Plaza, stated they are appealing the decision relative to the height, the size and the deletion of the bottom line of the sign. The applicant is agreeing to a reduction in size from 135 to 95 square feet, but CAB wants it to be cut to 60 square feet. Digby Bridges, Chairman of the Community Appearance Board, stated he would like to clarify their decision. The code reads all persons are allowed the one-half foot per lineal foot of Federal Highway property, but it also reads the CAB can reduce this if they feel it is not in keeping with the surrounding properties. Upon question by the City Attorney if the purpose of the elimination of the bottom line of the sign was to accommodate the reduction in size, Mr. Bridges stated that particular wordage, "Com- plete Home Interiors" is considered advertising in the City of Delray Beach. The City Attorney advised the line should not be eliminated for that reason. Mr. Dougherty stated he feels no Board should have the power to reduce sizes or standards of the code by any percent. Mr. Bridges suggested the code be amended by setting a definite standard that would apply to everyone. He feels the CAB has attempted to be consistant in their approvals. Mr. Weatherspoon stated he feels the current ordinance is too subjective and should be reversed with a maximum height of 16 or 17 feet with the exception being the applicant proving the need for a greater height. Mrs. Horenburger stated she feels the ordinance is subjective in the fact that there is a maximum height requirement with regard to the size of the building. The CAB has obviously spent a great deal of time and effort trying to be consistent with surrounding properties and she feels the Commission should maintain the recommendation of the CAB. Mrs. Horenburger moved to uphold the recommendation of the CAB on Item 35, seconded by Mr. Dougherty. Upon learning the CAB recommendation included removal of the bottom line of the sign, Mr. Dougherty withdrew his second. The motion died for lack of a second. Mr. Weatherspoon made an alternate motion to support the recommendation of the CAB except for the requirement of the deletion of the language. Mr. Dougherty stated he feels this should contain the condition that the CAB be able to review the sign again. Mr. Bridges stated he feels the CAB would settle for 80 square feet in size, leaving the wordage and a maximum of 16 feet in height. Mr. Weatherspoon amended his motion to reflect the sign be reduced to a height of 16 feet and a size of 80 square feet, allowing the line deleted by CAB, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - No; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Legal 36. Walker et al vs the City of Delray Beach. The Commission is to consider settlement offers in the Walker et al vs the City Case. The City Attorney recommends denial. -12- 10/27/87 The City Attorney stated this is the remainder of an incident where a settlement had been made with the driver of a vehicle involved in the accident. These people, who are part of this lawsuit, were witnesses to the accident, and were not touched by the vehicle; however, allegedly moved to get out of the way and injured themselves in the scramble. The combined settlement offer is $165,000 and it is recom- mended that the Commission reject it. Mr. Dougherty moved to accept the recommendation of the City Attorney, seconded by Mrs. Horenburger. 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. 37. Pension Plan Opt-Out - Police Chief/Fire Chief. The Commission is to consider filing a request for formal administrative hearing concerning Police Chief/Fire Chief Pension Plan Opt-out Ordinance. The City Attorney recommends approval. Mr. Weatherspoon moved for approval, 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. Before roll call the following discussion was had: Mr. Dougherty questioned the purpose at this particular time. The City Attorney stated the Ordinance was adopted in early 1987 to permit the opt-out of all department heads, who would not become a part of the respective pension plans but be given the option of being a participant or a participant in some other deferred compensation. In the interim, a complaint has been made and Mr. Clayton has stated, in his opinion, this is not permitted under the requirements of Chapters 175 and 185. The City Attorney stated he disagrees with that opinion. The choices are to repeal the ordinance enacted previously, to do nothing, in which case there is the potential they would go forward with their administration actions which could include state fund cutoffs, or formally appeal the decision through an administrative hearing procedure of the State so a hearing officer's decision might be obtained. Mr. Dougherty questioned if that would affect the other employ- ees who opt out. The City Attorney stated he does not feel the same guidelines apply to the general employees, but only the police and fire pension plan that is affected. Upon question by Mr. Dougherty as to the effect that opt-out would have on the pension system itself, the City Attorney stated there would be two additional employees who would not be contributing the six percent, but on the other hand, it would be two employees who would not be subject to the payout for pensions or the disability provisions. The ultimate outcome is the fact that it would have no financial impact because they pay in but they also get returns. Mayor Campbell stated this is fair to those incidences where there are high grade lateral transfers; people who have not been contri- buting to an existing local system and can therefore transfer benefits into the current system and want to maintain a high level of retirement benefits from previous positions or to maintain their own program. It is only going to affect two persons in this case and will not affect the general employee or the long term benefits of the system. At this point the roll was called to the motion. Public Utilities 38. Cost Projections of Various Areas for Installation of Gravity Sewers Along North Federal Highway. The Commission is to consider approval of project, options and costs for installation of gravity sewers. Approval is recommended. -13- 10/27/87 Robert Pontek, Director of Public Utilities, gave an explana- tion of the color-coded graph distributed to the Commissioners with recommendations. He stated he made one notation relative to the lift station and force main that was the recommended area where service was to be provided due to a water service agreement to the north part of U.S. Highway 1. Mrs. Horenburger stated she understands the Volvo Dealership on the north end of Federal Highway has approval for an alternative method of providing sewage disposal and questioned the cost estimate for them to do that on their own. Mr. Bridges, Architect, stated there are three parties involved in this; Kentucky Fried Chicken, Petite Chalet and the Volvo Dealership are willing to pay $140,00 now, which would amount to nearly half the cost. Mrs. Horenburger questioned if that amount is part of the consideration before the Commission tonight and how the City stands with regard to insuring this money is paid upfront. Mr. Pontek stated the City has its own water connection fees and in addition to that there are the upfront costs that have been discussed with the three representatives of those potential users. He does not have a firm letter in hand that says they will pledge a de- finite amount. He is looking at this system as a whole and those fees would be put into the sewer charges. Mrs. Horenburger stated prior to her approval in favor of this she feels there should be a definite commitment upfront on the part of those users. Mr. Pontek questioned if she wanted them to pay a pro rata share or a disproportionate part upfront. Mrs. Horenburger stated she would like them to pay whatever they would normally pay for sewer service on their own. Mr. Dougherty stated he feels there is good reason not to consider the upfront cost at this time. The sewer construction for that service area No. 2 would require payments in excess of what is being considered. The Commission discussed at the last meeting that they wanted to identify the cost and then to see the differential in cost for sewering each sub-drainage areas 1, 2, 3, 4 & 5. If the Commission should decide to build these main sewers, there would then be an assess- ment program to fully recover the cost of construction. It can be done on the basis of front footage, equivalent residential usage, square footage or any series of ways. Mrs. Horenburger stated she has a twofold concern. First of all, the most northern property is not currently in the City Limits. Secondly, while assessment programs have been used in residential areas, in Commercial areas that had a need, it has always been that person's responsibility to pay for and install the sewer and water lines. As other applicants tied in, they were responsible for paying the original installer. She is not convinced an assessment program is the solution. She feels there are other areas in the City that need to be watered and sewered that are within the jurisdiction of the City. Her main concern is the methodology of payment. Mrs. Horenburger moved to approve the project, options and costs for installation of gravity sewers in areas 1, 2, 3, 4 & 5 and those users who will be tieing in immediately pay their pro rata share, 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. General Administration, Finance and Personnel 39. Ordinance No. 93-87 - Amending Code - Increasing Parking Meter Fees. Ordinance No. 93-87, amending Chapter 26 "Traffic" of the Code of Ordinances relative to increasing the cost of parking a vehicle in parking meter spaces, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 10th. -14- 10/27/87 The Acting City Manager presented Ordinance No. 93-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 26, "TRAFFIC", ARTICLE II, "STOPPING, STANDING AND PARKING", DIVISION 3.5, "PARKING METER ZONES", SECTION 26-67, "PARKING TIME LIMITS", BY REPEALING SUBSECTION (a) AND ENACTING A NEW SUBSECTION (a) TO REESTABLISH THE COST OF PARKING A VEHICLE IN PARKING METER SPACES; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney stated the draft that was in each Commission- er's package increased the parking meter fees everywhere and, as he understands it, the Commission intended for this to apply only to those meters along A1A with the remaining meter fees to be left at fifty cents. Mr. Weatherspoon moved for the adoption of Ordinance No. 93-87 on First Reading, seconded by Mr. Dougherty. Upon roll call the Commis- sion 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. 40. Ordinance No. 94-87 - Amending Code - Increasing Permit Fee for Storing Boats. Ordinance No. 94-87, amending Chapter 17, "Parks, Beaches and Recreation" of the Code of Ordinances relative to increasing the permit fee for storing boats in the area designated on the municipal beach, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 10th. The Acting City Manager presented Ordinance No. 94-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 17, "PARKS, BEACHES AND RECREATION", ARTICLE II; "MUNICIPAL BEACH", SECTION 17-31, "STORING BOATS", SUBSECTION (f) BY INCREASING THE PERMIT FEE FOR STORING BOATS IN THE AREA DESIGNATED ON THE MUNICIPAL BEACH; PROVIDING A REPEALER CLAUSE; PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 94-87 on First Reading, seconded by Mr. Dougherty. Upon roll call the Commis- sion 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. PROCEDURAL ITEMS 41.1. Andrea McGirr, a licensed Palm Beach County merchant at the Delray Swap Shop for the past eight years, stated she is interested in learning why the City Commission is not doing more with the traffic problem on Atlantic Avenue, thereby spending less time in front of the Delray Swap Shop. As a result of the parking ban at the Delray Swap Shop, 450 vendors have united into a solid unit. It is being kept clean, good merchandise is provided and the vendors would like to know what they can do to peacefully coexist on Federal Highway. Mayor Campbell suggested if some representatives of their Vendor Association would like to contact some of the City Officials and begin a dialog, that might be helpful. 41.2. June Carr, Miami Boulevard, stated the owners, renters and residents of Silver Terrace Subdivision, Floranda Mobile Home Park and S.E. 12th Road, are presenting a petition for the City of Delray Beach to pay for the installation of a six foot fence on the north perimeter of the Delray Mall from Dixie Highway to Federal Highway. They are also requesting a pathway on S.E. 10th Street and Dixie Highway on the -15- 10/27/87 perimeter of Silver Terrace Subdivision. A petition is being presented to the Palm Beach County Board of Commissioners in December asking that they share the cost. She stated it is their understanding Mr. Barcinski will place this request on a workshop agenda sometime in November. The P&Z Board of the City of Delray has already voted for a wall on the north perimeter of the Mall. 41.3. William Murtha, N. E. 9th Avenue, stated he read in the paper that the Community Development Agency wants to take in the property along N. Federal Highway in order to have a taxing district. This is a County pocket. Mayor Campbell stated it is not a special taxing district and if he would like to contact Mr. Barcinski at a later time, he will be glad to explain it. 41.4. Donald Mitchell, 1206 S. Federal Highway, Manager of Floranda Mobile Home Park, stated there is a definite need for a barrier along the north side of the Delray Mall along their property. He appeared at a meeting in July and was under the impression the fence had been approved at that time. When the mall was originally built in 1974, there was to have been a concrete louvered wall, but this has never been accomplished and he does not understand. Mayor Campbell stated the Commission will take it under consid- eration. 42. Mr. Weatherspoon moved for approval of the minutes of the Regular Meeting of September 22, 1987, 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. 43.a.1. Mr. Dougherty stated, with Commission approval, he would like a workshop on the Capital Improvements Program for FY 1988. There were projects designated to be capitalized in 1988 and there are additional projects that should be discussed, some of which were deleted from FY 1987 on the ten million dollar Bond Issue. He suggested November 17th might be a good date. 43.a.2. Mrs. McCarty questioned if there is a special mechanism to have newly appointed board members to attend an orientation program to assist them in a better understanding of procedures and their responsibilities. The City Attorney stated there is a manual given to each board member. Nearly three years ago he held a question and answer series relative to voting conflicts, financial disclosure, Sunshine Law, public records and items that are not dealt with on a regular basis. Upon question by Mrs. McCarty if this could be conducted on a semi-annual basis, the City Attorney advised this could be done with seminars. Alice Finst, 707 Place Tavant, stated that nearly three years ago the Commission directed the City Attorney to hold an orientation program with each of the boards. A year ago the Mayor recommended that each committee have a representative attend Commission meetings. She feels the philosophy of the Commission is not being brought to the boards and they have no direction in their attempt to abide by the Code. Perhaps it would be helpful to have a meeting with the Board Chairmen and the Commission in order to learn what is expected from the boards. Mayor Campbell recommended each Commissioner put their sugges- tions in writing and pass them around for consideration. 43.a.3. Mrs. Horenburger stated, relative to the one-way pairs, the light at S.E. 6th and S.E. 1st, based on traffic counts can be temporar- ily flashed around the clock and the light at S.E. 5th and S.E. 1st and N.E. 5th and N.E. 1st will be flashed from 5:00 P.M. until 9:00 A.M. The trip boxes at N.E. 1st and N.E. 5th will be limited so it will not work in multiples. -16- 10/27/87 43.a.4. Mrs. Horenburger stated she has met with representatives of the Sunshine Cup and also spoken with people from the Palm Beach County Sports Authority who have shown a strong interest. She requested concurrence of the Commission and that the Mayor send a letter to Palm Beach County Sports Authority, requesting their support for the event. Mayor Campbell stated a letter will be sent after being drafted by the Acting City Manager. 43.a.5. Mr. Weatherspoon stated he would like to know the status of the property being purchased on 1st street which at one time was considered for housing the City Attorney's Office. He feels something should be done in order to generate some revenue. Mayor Campbell stated Mr. Barcinski will be reporting to the Commission soon with regard to this. 43.a.6. Mr. Weatherspoon stated he also has a concern with a tree trimming job that was done on N.W. 7th Avenue and Atlantic Avenue. He agrees they needed trimming, but was amazed to see nothing left but the trunks. Mayor Campbell stated he would request Mr. Barcinski to inquire into who did the trimming. 43.b.1. There were no non-agenda items from the City Attorney. 43.c.1. There were no non-agenda items from the Acting City Manager. Mayor Campbell declared the meeting adjourned at 10:35 P.M. City Clerk 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 October 27, 1987, which minutes were formally approved and adopted by the City Commission on ~. ~ ~/ /~F~ - ~ J 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. -17- 10/27/87 , .- FORM 8B MEMORANDUM'OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND 'OTH E_ R LOCAL PUBIC OFFICERS LAST NAME--FIRST NAME--MII)DLE NAME -- O~'~ C--"~CIL~ AUTHORITY, OR COMMITTEE MAILING ADDRESS THE BOARD, COUNCIt,, COMMISSION, AUTHORITY, OR COMMITTEE ON ~~ WHICH ISERVEIS A UN ITOF: ~ COUNTY OTHER LOCALAG~NCY CITY COUNFY NAME OF POLFIICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED MY POSITION WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section i12.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION t12.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You shou!d complete and file this form (before ~naking any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. I ()I~\1 ~|~; 10-86 PAGI.- IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING:. · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST 1, /'t/t'~/ ... , hereby disclose that on : t~-,_,,.., , 19 x.~__~:  A measure came or will come before my agency which (check one) __ inured to my special private gain; Or ~ inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Date Filed ~g~gnatUre NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFF1CE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B - 10-86 PAGE