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09-30-86SpMtg SEPTEMBER 30, 1986 A Special Meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Council Chambers at City Hall at 7:05 P.M., Tuesday, September 30, 1986. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Richard J. Dougherty Council Member Marie Horenburger Council Member Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - Assistant City Manager Robert A. Barcinski and Assistant City Attorney Jeffrey S. Kurtz. Mayor Campbell called the meeting to order and announced that this meeting has been called for the purpose of (1) (a) City Council discussion and consideration of policy of charitable and benevolent contributions from City funds; (b) Presentation by Sally Belson and considering request for additional funding for Aid to Victims of Domes- tic Assault; (2) considering appointment of members to the Planning and Zoning Board; (3) considering authorization of Capital Outlay Funds (Acct. No. 441-435-536-60.66) to Southern Pipeline in the amount of $38,429.70 to relocate an existing 12" watermain in conflict with Congress Avenue road widening near IBM (Robert Pontek); (4) considering approval of renewal insurance for the City's Liability and Property Coverage (Dave Huddleston); and (5) considering agreement with Delray Beach Elementary School for utilization of School Facilities (Assistant City Attorney). Prior to the meeting, Mr. Leonard Syrop from the Delray Housing Authority presented Council with a check for $14,555.93 from Carver Estates representing in-lieu-of taxes. 1. (a). Mr. Bird advised that one of the things Council is looking for is a policy which would be relatively clear to the public and something they could use as guidance in the future. He advised that the City has historically been involved with those agencies which take the burden away from government and suggested that this be required as one of the criteria of funding. Mr. Dougherty stated he would like to propose for Council's consideration that (1) any grant to any agency be for the exclusive use of Delray citizens as number one priority, (2) that the City establish a special charitable trust fund that would be in existence each year at budget time and (3) that the amount of the City's allocations to chari- table grants be in the amount of 1% of the operating ad valorem tax revenue each year (As an alternative, which would not be quite so precise, would be to allocate $1.50 per capita). Mr. Dougherty suggest- ed that any agency receiving financial benefits from the City be obli- gated to provide a financial annual statement, no recipient would receive more than 15% of the annual funds allocated by Council in the budget and perhaps limit the consecutive allocations to any one agency. He recommended that recipients be approved by the Community Chest of Delray to give Council assurance that it is a viable agency and that any unexpended funds approved by Council be transferred at year's end to the undesignated fund. Mrs. Horenburger clarified that this is just a policy discus- sion; next year's Council may have some different thoughts and this can be changed at will by any subsequent Council unless a specific program is set up. With regard to Florence Fuller and the figure of $52,000 as compared to last year's $28,000, she was told the $28,000 was only a portion of what they needed; the operating centers picked up the differ- ence, there wasn't a doubling of what are actually matching funds. She would have a real problem cutting the child care funds to accommodate the AVDA program. She concurred with Mr. Bird's statement with regard to functioning a municipal benefit. Mr. Weatherspoon stated he would concur with most of Mr. Bird's and Mr. Dougherty's statements; however, he would like to change Mr. Bird's wording with regard to projects which the City would have to do, to "projects which the City would be incumbent to do". He also was not in favor of the concept of limiting the organizations to a limited amount of time, i.e., four or five years. Mayor Campbell advised that most of the agencies he believed they would be dealing with will not be geared to just Delray residents; therefore, he believed the criteria ought to be - do they serve Delray residents and would the City's contribution be relevant to the number of Delray people they serve. Mr. Bird moved that agencies desiring funding from the City of Delray Beach would be required to submit their applications for review and advice to this Council from the Community Chest of Delray Beach, or any subsequent agency which replaces the Community Chest, and that those agencies be agencies which supply a benefit to the citizens of Delray Beach, which in the absence of that agency the City should provide that service from its own resources, seconded by Mrs. Horenburger. Mr. Dougherty stated he would like to try and set down as a matter of policy, for instance the 1% of the operating tax revenue, so that these agencies have some idea of the limitation of their requests. He would offer this as a friendly amendment and also recommend that no single agency receive more than approximately 15% of the total allocated in any one year. Mrs. Horenburger stated she would have a problem limiting it to 15% of the total allocated; the Florence Fuller matching grant is well over 50%. Mr. Bird amended his motion to add another element to the stated policy which would be that the funding for these agencies should not exceed 1% of the ad valorem (and leave to the wisdom of future Councils how they chose to allocate that), Mrs. Horenburger accepted the amendment. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. l(b). Sally Belson, representing AVDA, requested the City's assis- tance in saving their shelter. Since they are a new organization, many of the funds they are entitled to will not be received until the middle of next year; they also could not anticipate what their fund raising needs would be. They are requesting the sum of $25,000 from the City of Delray Beach which will provide them with immediate interim funds until other funding is available and so that AVDA can sustain ongoing opera- tion. Since January of this year there have been 1,080 family distur- bance calls in Delray Beach alone; the percentage of residents from the City whom the shelter has served is 40%. Upon question by Mr. Bird, Ms. Belson advised that 30% come from Boca Raton and the rest is from the rest of the County. Mr. Bird stated he felt Council should encourage our sister City to the South to join with Delray in this endeavor, as well as those other agencies in the South County to reconsider their funding with an eye to increasing it. He recommended that Council formally, in the form of a letter from the Mayor, pass on the actions they have taken and strongly encourage those other agencies to participate. Council concurred. Mrs. Horenburger moved that Council increase the donation to AVDA from $15,000 to $19,000 and next year look particularly at this agency the same way the County did to administer it monthly. She would also ask that the community and the businesses in Delray consider regular ongoing funding, seconded by Mr. Weatherspoon. Following discussion by Council, Mr. Bird suggested as an amendment to the motion allocating the $4,000, which is already in the 2 9/30/86 budget, and take $15,000 out of the unexpended 1985-86 budget and direct that it be made available. Mrs. Horenburger and Mr. Weatherspoon accepted the amendment. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 2. Mayor Campbell stated he believed Council has had a chance to review the resumes of the individuals who have applied for the positions on the P&Z Board. Mrs. Horenburger moved to reappoint Robert Currie for a two- -year term, Jack Kellerman for a two-year term, John Vislocky for a one-year term and Kathi Sumrall, the Chairman, for a one-year term, seconded by Mr. Dougherty. Mr. Bird commented that it flies in the face of the policy that Council established to the extent it exceeds the two terms of four years, at least in the case of Ms. Sumrall. He believed her to be a very hard working, dedicated member of the Board; however, Council has to ask itself whether or not it wants to follow its policy. If the maker of the motion would accept an amendment, he would be prepared to vote on the two which are within the bounds of the existing policy, Mr. Currie and Mr. Kellerman, and deal with the others or the policy as a separate matter. Mrs. Horenburger stated she never believed it was Council's intention to have someone serve less than the full four years and that is what we see with both Ms. Sumrall and Mr. Vislocky. Mr. Vislocky has served three years to date and Ms. Sumrall has served three years and four or five months; neither has served two full terms and that is how she understood the policy at the time Council implemented it. She believed now is the perfect opportunity to put the Board expirations back on line, so they would have three one year and four the next. In this case they are just appointing Ms. Sumrall and Mr. Vislocky to a one-year term. Mr. Bird offered a substitute motion to appoint Mr. Currie and Mr. Kellerman to a full two-year term expiring September 28, 1988, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mrs. Horenburger moved to appoint Kathi Sumrall for a term ending in September 1987, and Mr. Vislocky for a term ending in 1987, seconded by Mr. Dougherty. Upon question by Mr. Dougherty, the Assistant City Attorney advised his opinion of the ordinance is that the people can serve two successive terms; there is nothing definitive in the ordinance itself limiting that to four years. Going back and looking at the history of this when it was passed, it is unclear as to whether it was truly Council's intention to limit them to two terms or actually four years. Discussion followed as to the interpretation of the word "term". Following discussion .Mayor Campbell requested a motion with regard to the interpretation of the ordinance to allow for the further appointments of Mr. Vislocky and Ms. Sumrall that they do not come under the prohibition of the ordinance. Mrs. Horenburger moved that Mr. Vislocky and Ms. Sumrall be eligible for appointment, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - No; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Mayor Campbell clarified that since Council has deemed that they are eligible, he believed the motion on the floor that Mrs. Horenburger made was they be appointed for a one-year term. We need to know from the Assistant City Attorney whether or not Council could limit -3- 9/30/86 that to a one-year term for both of the members or, in his opinion, it is limited to two-year terms. The Assistant City Attorney stated that in his opinion that would require a waiver and Council would have to go through the waiver procedures. If we are talking about them being eligible for a term, it is two years as defined by the ordinance. Mayor Campbell stated that Mrs. Horenburger's motion was that they be appointed to a one-year term; at this point, according to the ruling of Council, he will rule that ouT of order until they first waive the ordinance to allow for a one-year term. Mrs. Horenburger moved to waive the ordinance to allow a one-year term. Said motion DIED for lack of a second. Mr. Bird moved that Ms. Sumrall be appointed to a two-year term commencing now and expiring in 1988, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call Mr. Dougherty offered a friendly amendment to include Mr. Vislocky in the same motion. Mr. Bird declined to accept the amendment. At this point the roll was called to the motion. Mr. Bird moved for the appointment of Charles Hart to the term that recently expired of Mr. Marechal to expire September 1988, seconded by Mrs. Horenburger. Mr. Dougherty stated he felt the motion was out of order since Council has considered Mr. Vislocky's appointment almost constantly since the discussion started. It would seem to him since there were some 10 candidates, that in all fairness they should be given appropri- ate consideration. He recommended this be done in ballot form rather than this forum type situation. Mr. Dougherty moved that consideration of this position be done by ballot as opposed to outright nomination, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - No; Mr. Dougherty - Yes; Mrs. Horenburger - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. At this time Council voted by paper ballot for the position vacated by Mr. Marechal. Mayor Campbell announced that Mr. Hart was nominated by a majority of Council. Mrs. Horenburger affirmed the ballot nomination of Mr. Hart, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Mr. Dougherty moved to appoint Mr. Vislocky for a two-year term, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - No; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. 3. Mrs. Horenburger moved for authorization of Capital Outlay Funds in the amount of $38,429.70 to Southern Pipeline to relocate an existing 12" watermain in conflict with Congress Avenue road widening near IBM, seconded by Mr. Bird. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Dougherty questioned the length of pipe, almost 900 feet. Mr. Pontek advised Congress Avenue is being widened to 120 feet total with a 5 foot sidewalk on the west and an 8 foot sidewalk on the east. Southern Bell is lowering all their fiberoptics and FPL is -4- 9/30/86 moving their power poles back behind the right-of-way. Mr. Dougherty stated he believed that when the Congress Avenue widening was proposed the City should have known about it and had plenty of time to design it and actually take bids. Mr. Pontek advised that the County changed the design midway through on the drainage structures, and the field informa- tion that was used initially was not very accurate. The final changes on the cuts on the west side were received nine days ago. Mr. Dougherty suggested Mr. Pontek work out some coordination to avoid this type of problem in the future. At this point the roll was called to the motion. 4. Mr. Bird moved for approval of renewal insurance for the City's Liability and Property Coverage, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5. Mr. Bird moved for approval of the agreement with the Palm Beach County School Board for utilization of the Delray Beach Elementary School Facilities, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: The Assistant City Attorney advised he has spoken with their general counsel and he does not have any real problem with this agree- ment; however, he did have two suggested changes. The first that the City define the term definitely, and that being one year. Secondly, he indicated there may be some nominal charge for the use of the facility each time the City uses it. Upon question by Mr. Bird, the Assistant City Attorney advised that if the City wants to sponsor an event there, we have to enter into an agreement with them. At this point the roll was called to the motion. Mayor Campbell declared the meeting adjourned at 8:32 P.M. City Clerk 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 Council of September 30, 1986, which minutes were formally approved and adopted by the City Council on ~, /~ /~F~ · City ~lerk 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 Council. 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. -5- 9/30/86