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03-21-00MARCH 21, 2000 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jay Alperin in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, March 21, 2000. Roll call showed: Present - Commissioner Patricia Archer Commissioner David Randolph Commissioner David Schmidt Commissioner Bill Schwartz Mayor Jay Alperin Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Nancy Norman with Unity Church of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. Agenda Approval. Mayor Alperin asked that Item 7.A. be moved forward and heard as the first item on the agenda in an effort to accom- modate some of the individuals involved who have to leave rather quickly for another engagement. Hrs. Archer moved to approve the agenda, as amended, seconded by Hr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. Approval of Minutes: Mr. Randolph moved to approve the Minutes of the Regular Meeting of March 7, 2000, and the Minutes of the Special Meeting of March 15, 2000. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Hrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. Item 7.A. was moved forward on the agenda. 7.A. Delray Citizens for Delray Police (Perry DonFrancisco) recognizing the residents of the Del-Aire community for their annual golf tournament to benefit the Police and Fire Depart- ments. Perry DonFrancisco, Delray Citizens for Delray Police, commented that this marks the llth year that the Del-Aire commu- nity has hosted the Del-Aire/Delray Citizens for Delray Police Golf Tournament. The funds raised by this event have been used over the years to purchase life-saving equipment and crime- fighting equipment that has been used for the benefit of the entire community. Hr. DonFrancisco then introduced the following representatives of the Del-Aire community: Mr. and Mrs. Harvey Lurie, Mr. and Mrs. Dan Bernheim, Mr. and Mrs. M. Levinson, and Mr. and Mrs. Walter Warheit. He thanked and acknowledged the residents of Del-Aire for their remarkable and consistent support. Speaking on behalf of the Del-Aire community, Mr. Lurie stated that the success of the annual golf tournament would not be possible without the entire Del-Aire community making a major effort and without the extraordinary partnership with Perry DonFrancisco and Delray Citizens for Delray Police. The total amount that has been given to the Police and Fire Departments over the past 11 years, including this year's amount, is $249,000. The thought is that these departments cannot get everything they would like to have or should have due to budget considerations, and the Del-Aire community takes great pride in knowing that the funds from the golf tournament make it possible for them to have some wonderful things to help not only the residents of Del-Aire but the community at large as well. At this point, Mr. Lurie asked that Police Chief Richard Overman and Fire Chief Bob Rehr come forward. On behalf of the Del-Aire community, Mr. Lurie presented a check in the amount of $16,000 to the Police Department and another check in the amount of $16,000 to the Fire Department. Hr. Lurie further commended and thanked Perry DonFrancisco as being a major force behind the success of this charitable event. On behalf of the Police Department and the City of Delray Beach, Chief Overman expressed his sincere appreciation to the citizens of Del-Aire for their donation. The money the Police Department has received as a result of their efforts has been used for such things as the total equipment of Delray's world-class dive-recovery team, bullet-proof protective vests, bicycles for the community policing effort, and this year will likely be used as a match for grant funding to install automatic external defibrillators (AEDs) in all Police vehicles. Hany of these things would not otherwise have been available to the department due to budget constraints. The efforts of the Del- -2- 3/21/00 Aire community are greatly appreciated. On behalf of the Fire Department and the City of Delray Beach, Chief Rehr extended his gratitude and thanks to the residents of Del-Aire for their generosity. The equipment funds has been tremendous, ranging from extrication equipment to the Fire Department has been able to obtain because of these improved cardiac equipment for rescue vehicles and this year the goal is to purchase a thermal imaging camera which gives fire- fighters the capability of seeing through smoke to quickly identify victims who are down or trapped in burning structures. Chief Rehr commented that the entire community owes a debt of gratitude to Del-Aire for making the purchase of these types of equipment possible as their availability ultimately benefits all of the residents of Delray Beach. o Proclamations: 6.a. Recognizing and commending the 2000 Senior Games Multiple Medal Winners for their athletic achievements. Hayor Alperin read and presented a proclamation in recognition of the multiple medal winners at the 2000 Senior Games, as follows: Alvin Malthaner - 10 Gold medals (all in swimming) Dr. Sid Sude - 10 Gold medals (5 in track and field, 4 in swimming and 1 in basketball skills) Herbert Furash - 10 Medals (9 Gold and 1 Silver, all in swimming) Fred Henderson - 8 Gold medals (all in swimming) Helen Allen - 5 Gold medals (3 in track and field, 1 in tennis and 1 in basketball skills) Bob MacLeod - 4 Gold medals (all in track and field) Don Zaccardo - 4 Silver medals (all in track and field) Justin Langsner - 4 Medals (2 Gold in track and field, 1 Gold in basketball skills and 1 Bronze in table tennis) Martin Quinn - 4 Gold medals (all in track and field) A1 Rogerson - 3 Silver medals (all in swimming) Mark Reingold - 3 Medals (1 Gold and 1 Bronze in table tennis, and 1 Gold in basketball skills) Maxine Bodman - 3 Gold medals (2 in track and field, and 1 in golf) Patrick Fitzgerald - 3 Medals (1 Gold in track and field, 1 Silver in track and field, and 1 Bronze in golf); and Richard Weinstein - 3 Medals (1 Gold and 2 Silver, all in track and field) 3 3/21/00 6.B. Building Safety Week - April 2 through 8, 2000. Hayor Alperin read and presented a proclamation in recognition of Building Safety Week which will be observed April 2nd through 8, 2000. Jerry Sanzone, Chief Building Official, came forward to accept the proclamation. o Presentations: 7.B. Bergh) Sister Cities Presentation - Hoshi, Tanzania (Kjell Hr. Bergh stated that it was a pleasure to represent the City of Delray Beach and the Sister Cities organizing committee in the first formal visit to Hoshi, Tanzania, on November 23 and 24, 1999. He gave an extremely informative presentation on the details of the trip as well as the enthusiastic reception to the establishment of a Sister City relationship between Moshi and the City of Delray Beach. A copy of Hr. Bergh's working paper in this regard in attached hereto and made a part of these minutes. In concluding his presentation, Hr. Bergh commented that the entire Sister Cities committee had tentatively been planning to make a trip to Hoshi in June of this year, but the trip will in all likelihood be moved back to November, 2000. He then presented a gift from the Tanzanian committee, a carved wooden statue of a Hasai warrior. 7.C. RESOLUTION NO. 23-00: A resolution recognizing and commending Commissioner David Randolph for his many years of dedicated service to the City of Delray Beach. The caption of Resolution No. 23-00 is as follows: A RESOLUTION OF THE CITY COMMiSSiON OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING DAVID E. RANDOLPH, SR. FOR HAVING SERVED THE CITY OF DELRAY BEACH WITH DEDICATION AND DISTINCTION. (The official copy of Resolution No. 23-00 is on file in the City Clerk's office.) Hayor Alperin read Resolution No. 23-00 in its entire- ty, recognizing and commending Commissioner David Randolph who will be leaving office on Harch 30, 2000. -4- 3/21/00 Mr. Schwartz moved to approve Resolution No. 23-00, seconded by Hr. Schmidt, and passed by unanimous vote of the City Commission. Along with Resolution No. 23-00, Mayor Alperin presented a plaque to Hr. Randolph expressing gratitude for his tireless and unrelenting efforts on behalf of the City of Delray Beach and expressing appreciation for his personal contributions to the entire community. 7.D. RESOLUTION NO. 24-00: A resolution recognizing an d commending Mayor Jay Alperin for his many years of dedicated service to the City of Delray Beach. The caption of Resolution No. 24-00 is as follows: A RESOLUTION OF THE CITY COMMiSSiON OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING MAYOR JAY ALPERIN FOR HAVING SERVED THE CITY OF DELRAY BEACH WITH DEDICA- TION AND DISTINCTION. (The official copy of Resolution No. 24-00 is on file in the City Clerk's office.) Mayor-Elect Schmidt read Resolution No. 24-00 in its entirety, recognizing and commending Hayor Jay Alperin who will be leaving office on Harch 30, 2000. Mr. Schwartz moved to approve Resolution No. 24-00, seconded by Hrs. Archer, and passed by unanimous vote of the City Commission. Along with Resolution No. 24-00, Mayor-Elect Schmidt presented a plaque to Hayor Alperin expressing gratitude for his tireless and unrelenting efforts on behalf of the City of Delray Beach and expressing appreciation for his personal contributions to the entire community. o CONSENT AGENDA: City Manager recommends approval. 8.A. RESOLUTION NO. 21-00: A resolution vacating and abandoning an east/west alley right-of-way lying within Block 108, Town of Delray, in conjunction with the proposed Town Square mixed use development, based upon positive findings. The caption of Resolution No. 21-00 is as follows: A RESOLUTION OF THE CITY COMMiSSiON OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONINIG AN EAST/WEST ALLEY RIGHT-OF-WAY 5 3/21/00 LYING WITHIN BLOCK 108, TOWN OF LINTON (DELRAY BEACH), ACCORDING TO THE PLAT THERE- OF AS RECORDED IN PLAT BOOK 1 AT PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 21-00 is on file in the City Clerk's office.) 8.B. FINAL PLAT APPROVAL/LAMBERT TRAILER COURT/MODEL LAND COMPANY REPLAT NO. 1: Approve the final subdivision plat for Lambert Trailer Court / Model Land Company Replat No. 1, a two lot commercial subdivision proposed to be developed with a Walgreens and hotel. The subject property is located on the south side of S.E. 10th Street, between the Federal Highway pairs (S.E. 5th and 6th Avenues). 8.C. ACCEPTANCE OF RIGHT-OF-WAY DEED/S.E. 3RD AVENUE OFFIC- ES: Accept a right-of-way deed conveying to the City a five foot (5') right-of-way dedication to accommodate the existing sidewalk on the west side of the S.E. 3rd Avenue Offices site. The subject property is located on the east side of S.E. 3rd Avenue, between S.E. 1st and 2nd Streets, and is zoned CBD (Central Business District). 8.D. GRANT APPLICATION TO FLORIDA INLAND NAVIGATION DIS- TRICT (CITY MARINA RENOVATIONS): Authorize submitting an appli- cation to the Florida Inland Navigation District (F.I.N.D.) for grant funding in the amount of $81,000 to assist with the renovation of the Delray Beach Municipal Marina, and approve Resolution No. 25-00 formalizing the request for assistance. City funding will come from the City Marina Fund. 8.E. GRANT APPLICATION TO FLORIDA INLAND NAVIGATION DIS- TRICT (PROPERTY ACQUISITION): Authorize submitting an applica- tion to the Florida Inland Navigation District (F.I.N.D.) for grant funding in the amount of $70,000 to assist with the pur- chase of the Odabachian property located on the east side of U.S. Highway #1, adjacent to the MSA 650 parcel which the City recently leased from F.I.N.D., and approve Resolution No. 26-00 formalizing the request for assistance. City funding will come from FY 2001 CIP - General Construction Fund. 8.F. GRANT APPLICATION TO FLORIDA INLAND NAVIGATION DIS- TRICT (POLICE BOAT FOR MARINE OPERATIONS): Authorize submitting an application to the Florida Inland Navigation District (F.I.N.D.) for grant funding in the amount of $47,229 to assist with the purchase of a Police boat to patrol and enforce boating laws on waterways within the City, and approve Resolution No. -6- 3/21/00 27-00 formalizing the request for assistance. City funding will come from FY 2001 CIP - General Construction Fund. 8.G. OFF-DUTY SERVICE AGREEMENT/COMMAND SECURITY CORPORA- TION: Approve an agreement between the City and Command Securi- ty Corporation to provide for the administration of off-duty Police work, including the non-City sponsored off-duty details, requests for service, scheduling work and confirming completion, billing and collections. 8.H. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of Mark Baron as the Chamber of Commerce representative on the Parking Management Advisory Board to fill an unexpired term ending July 1, 2000. 8.I. FUNDING SUBSIDY UNDER DELRAY BEACH RENAISSANCE PRO- GRAM: Approve a funding subsidy in the amount of $17,244.00 for an income eligible applicant under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program), representing the 97th homeownership assistance grant provided through the program to-date. 8.J. RESOLUTION NO. 22-00: A resolution assessing costs for abatement action required to remove nuisances on nineteen 19) properties located throughout the City. The caption of Resolution No. 22-00 is as follows: A RESOLUTION OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM- PANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOM- PLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 22-00 is on file the City Clerk's office.) -7- 3/21/00 8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period from March 6th through March 17, 2000. 8.5. AWARD OF BIDS AND CONTRACTS: Bid award in the amount of $236,024.00 to Aker- blom Contracting, Inc. for the rehabilitation of Lift Stations llA, 25 and 53, with funding from 442-5178-536-61.83 (W&S Renewal & Replacement - Lift Station Conversion to Submersible). o Contract award in the amount of $239,090.00 to Weekley Asphalt Paving, Inc. for the 2000 Roadway Bond Resurfacing Project which will generally consist of resurfacing 33 streets throughout the City, with funding from 370-3162-541-65.40 (2000 Roadway Bond Resurfacing) . o Contract award in the amount of $426,170.00 to Arbor Tree & Land, Inc. for the 2000 Roadway Bond Swale Reconstruction Project which will generally consist of the excavation of 70,000 square yards of roadside swale including clearing and grub- bing, construction of approximately 70,000 square yards of 6-inch deep roadside swale with sod, restoration of irrigation systems and maintenance of traffic. Funding will be from 448-5470-538- 65.41 (2000 Roadway Bond Swale Reconstruction). o Bid awards to multiple vendors via City of Delray Beach co-op bid for the purchase of chemicals and fertilizer at an estimated annual cost of $150,969.66, with funding in the amount of $37,753.99 from Parks and Recreation operating budget and $113,215.67 from the Hunicipal Golf Course and Lakeview Golf Course operating budgets. o Bid awards to multiple vendors at an estimated annual cost of $235,031.66 for the purchase of pipe fittings and accessories, with funding from various departmental operating budgets. o Grant awards through the Community Development Block Grant Housing Rehabilitation program for two single family units to Abisset Corporation in the total amount of $36,813.10 ($17,634.80 for 808 S.W. 4th Avenue and $19,178.30 for 1312 Lee Street), with funding from 118-1963-554-49.19 (CDBG Housing Rehabilitation), and grant award 8 3/21/00 through the State Housing Initiatives Partnership (SHIP) program in the amount of $13,463.60 to Dakota Construction, Inc. for a single family housing unit at 906 S.W. llth Terrace, with funding from 118-1924-554-49.19 (SHIP Housing Rehabilitation). Hr. Schmidt moved to approve the Consent Agenda, seconded by Hr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. o REGULAR AGENDA: 9.a. CONDITIONAL USE MODIFICATION FOR CREATIONS OF DELRAY BEACH: Consider a request for conditional use modification to add 10,000 sq.ft, of floor area to the approved project for Creations of Delray Beach, located at the northeast corner of Pineapple Grove Way (N.E. 2nd Avenue) and N.E. 1st Street within the former Winn Dixie building. The subject property is zoned CBD (Central Business District). The Planning and Zoning Board and staff recommend DENIAL. QUASI-JUDICIAL PROCEEDING The City Attorney stated this item will be conducted as a quasi-judicial proceeding which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered the project file into the record. She stated that the request is for a modification of a previously approved conditional use application to establish a home furnishings and accessories emporium in the old Winn Dixie building on N.E. 2nd Avenue. It was originally approved for 31,000 square feet and that included retail and office uses. The modification was to add an additional 10,000 square feet of retail space. The modification as proposed would have been short about 50 parking spaces according to the City code which requires 4 spaces per one thousand square feet for retail centers. The code does allow for a reduction of parking based upon the submission of evidence which conclusively demonstrates that the parking need is not as great as what the code requires. The applicant had submitted some studies of similar uses indicating that the parking ratio could be reduced. After lengthy review and discussions between staff and the applicant, Hs. Dominguez stated that a consensus had finally been reached as to a parking requirement that both staff and the applicant could support. -9- 3/21/00 The solution reached is that the main parking lot can be redesigned to accommodate at least ten (10) more parking spaces. Additional parking is available if the City allows parking coming out of the unimproved right-of-way for N.E. 3rd Avenue behind their building and to the north. If the right-of-way were continued to the north, there is some property that FP&L owns adjacent on either side where more parking could be added if the applicant can work out an arrangement which they feel they can do. The project would still be short in the neighborhood of about 20 spaces, but based on the studies the applicant has submitted and review of same by the City's traffic consultant, Kahart Pinder, it is felt that the applicant has substantially demonstrated that they will not need the same amount of parking as regular retail. Hs. Dominguez stated that she felt a parking ratio of 3 to 3.5 spaces per one thousand square feet was reasonable for this type of use. She noted that that ratio is typical of what is required through the rest of the downtown and it should work for this type of operation as well. Hs. Dominguez continued that the one concern staff still had was about restaurant usage. As the use is proposed, it does allow accessory food sales and beverages. There is an area on the floor plan that is shown as a cafe. She felt any approval should be conditioned on this area not being expanded any further or, if the intent is to expand, then the applicant needs to come back through the process to re-examine the parking because the restaurant uses are what really add to the parking demand. If Creations of Delray Beach were to turn into some- thing that had more of a restaurant component, then it could really affect the parking. Speaking next was Kahart Pinder, Transportation Plan- ner and consultant for the City, who testified that based upon his review of the various traffic studies and observations of comparable types of uses it is his opinion that a parking ratio of 3.2 to 3.5 spaces per 1,000 square feet is reasonable. Jeff Kurtz, attorney representing the applicant, commended Diane Dominguez and Ron Hoggard of the Planning staff for coming up with some design alternatives to help with the parking situation and which are completely acceptable to the applicant. He then commented on the parking studies done by the applicant which concluded that an appropriate parking ratio for the proposed use would be in the area of two spaces per 1,000 square feet of floor area, or roughly 82 spaces. The site plan that has thus far been presented contains 119 parking spaces, and with the modification that the Planning staff has come up with it is anticipated that at least 140 spaces can be provided. -10- 3/21/00 Hayor Alperin declared the public Speaking from the audience was the following: Jean Beer, President of Progressive hearing open. Residents of Delray (P.R.O.D.), stated that P.R.O.D. initially took a posi- tion against the proposed project as it originally stood. At this time she would not oppose the project due to the changes made by staff. For the record, however, she commented that the City had changed or amended its ordinances on a special project basis and she felt it would be worthwhile for the City to take a look at this to see if it is something that will be continued on a project by project basis. If it is continued, Hrs. Beer felt the City would no longer have any valid ordinances. She suggested that the Commission think in terms of a special ordinance or something else to take care of situations like this one. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Hayor Alperin commented that he was extremely pleased to see that the applicant had worked with the staff to develop a compromise that will work and is acceptable to both sides. Hr. Schwartz commented that he, too, was pleased to see that the parking issue was able to be negotiated out with the professional Planning staff so that the project will be satisfactory to the City. Hr. Randolph commented that he was pleased to see this particular application reach a resolution and that hopefully the project will soon move forward. Hrs. Archer moved to approve the conditional use modification request for Creations of Delray Beach based upon positive findings with respect to LDR Section 4.6.9(F) (1), Parking Reduction Allowed, to the extent that the applicant will provide between 3.0 to 3.5 parking spaces per thousand square feet, with the condition that the restaurant facility shown on the plans not be enlarged beyond the square footage currently shown, and further based on a positive finding with respect to LDR Section 2.4.5(E) (5), Conditional Use Findings, and that it is consistent with the Comprehensive Plan. The motion was seconded by Hr. Schwartz. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.B. HacARTHUR FOUNDATION GRANT APPLICATION: Consider authorizing staff to submit a grant application to the MacArthur Foundation for funding in the amount of $145,000 to address -11- 3/21/00 redevelopment issues within the downtown business area, includ- ing the CBD and the West Atlantic Avenue corridor from Swinton Avenue to 1-95. Diane Dominguez, Director of Planning and Zoning, stated that the City had previously applied, as co-applicant with the Community Redevelopment Agency, for a grant from the Florida Department of Community Affairs Eastward Ho! initiative to complete a plan for the Central Business District. The City did not receive the grant, and so began seeking alternative funding sources for the project. The HacArthur Foundation indicated that it would consider funding the project if several conditions were met (i.e. that the study area be expanded to include West Atlantic Avenue, that the project be structured to increase minority participation in the planning process, and that the program include elements to improve race relations). Given all that is involved, Hs. Dominguez noted that the amount of the grant has gone up considerably to $145,000. A Project Hanagement Team has been set up to discuss the work program and prepare the grant application. Hs. Dominguez com- mented that Commissioner Randolph has graciously spent a lot of time working with the team and helping to get the parameters straight. The project will be a joint effort between the City, the CPA and MIlD DADS, with each organization contributing funds to the project. The City will provide $10,000 in funding and an additional $10,000 in in-kind services (primarily research and data collection). The CPA will contribute $20,000 and MIlD DADS will contribute $5,000. If the grant is approved, the Project Hanagement Team will nominate members of a steering committee to act as the governance structure for completing the plan and its associated objectives. Commissioner Schmidt acknowledged the effort put forth by Commissioner-Elect Jeff Perlman who was very instrumental in approaching the HacArthur Foundation and getting this funding lined up. Hrs. Archer moved to approve the submission of an application for a $145,000 grant from the HacArthur Foundation as outlined by Hs. Dominguez. The motion was seconded by Hr. Schmidt. Upon roll call the Commission voted as follows: Hrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:00 p.m., the City Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: -12- 3/21/00 10.A. ORDINANCE NO. 6-00 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending LDR Section 4.4.9, "General Commercial (GC) District", to allow densities of up to 12 units per acre as a permitted use and up to thirty (30) units per acre as a conditional use within the West Atlantic Avenue Overlay District, subject to performance standards. Prior to considera- tion of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 6-00: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO ALLOW DENSITIES OF UP TO TWELVE (12) UNITS PER ACRE AS A PERMITTED USE AND UP TO THIRTY (30) UNITS PER ACRE AS A CONDITIONAL USE WITHIN THE WEST ATLANTIC AVENUE OVERLAY DISTRICT, SUBJECT TO PERFORMANCE STANDARDS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 6-00 is on file in the City Clerk's office.) 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. Hayor Alperin declared the public Speaking from the audience was the following: hearing open. John Bennett, 137 Seabreeze Avenue, asked if any further thought had been given to the possibility of reexamining the conditional use performance standards? The standards pro- posed for adoption in Ordinance No. 6-00 are pretty much what is in effect for East Atlantic Avenue, and he questioned if they would be revisited before they are adopted for another section of town? Mr. Bennett further commented that the East Atlantic Avenue standards talk about granting density increases "to the degree" that performance standards are met while West Atlantic Avenue talks about "substantial compliance" with performance standards. Since this was something of an issue recently, Mr. Bennett asked what the difference between the two sets of stan- dards is? -13- 3/21/00 There being no one else who wished to address the City Commission on this item, the public hearing was closed. In response to Mr. Bennett, Mr. Schmidt stated that he felt what was just talked about in the HacArthur Foundation grant discussion would address these issues to see if there is a need to modify the performance standards. However, he is com- fortable with them as they are currently written. Diane Dominguez, Director of Planning and Zoning, added that staff, too, is comfortable with the performance standards. With respect to the wording, staff feels the term "substantial compliance" probably works better than "to the degree" standards are met. She also noted that the "degree" language is more appropriate in the CBD because there is no maximum density. In the case of West Atlantic Avenue there is a maximum of 30 units to the acre. She further stated that it is very hard to be totally quantitative in establishing performance standards. There is going to be a degree of subjectivity. In drafting the ordinance, staff tried to put as many descriptions in the standards of what we are looking for to make it easier to make the determination as to whether or not a project is in substantial compliance. Mr. Schwartz moved to approve Ordinance No. 6-00 on Second and FINAL Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10 .B. ORDINANCE NO. 8-00 (FIRST READING/FIRST PUBLIC HEAR- ING): An ordinance amending the Land Development Regulations to allow parking lots and pocket parks within residential zoning districts when associated with a redevelopment/neighborhood plan. If passed, a second public hearing will be scheduled for April 4, 2000. Prior to consideration of passage of this ordi- nance on First Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 8-00: A_N ORDINANCE OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-i) DISTRICTS", SUBSEC- TION 4.4.3 (B) , "PRINCIPAL USES AND STRUC- TURES PERMITTED"; AMENDING SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICTS", SUBSECTION 4 . 4 . 5 (B) , "PRINCIPAL USES AND -14- 3/21/00 STRUCTURES PERMITTED"; AMENDING SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION 4.4.6(B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; AMENDING SECTION 4.4.17, "RESIDENTIAL OFFICIAL (RO) DISTRICT", SUBSECTION 4.4.17(B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; ALL BY ADDING 'PARKING LOTS NOT ASSOCIATED WITH A USE, PURSUANT TO AN ADOPTED NEIGHBORHOOD OR REDEVELOPMENT PLAN' AS A PERMITTED USE WITHIN THE RESPECTIVE ZONING DISTRICTS AND BY ADDING 'POCKET PARKS' AS A PERMITTED USE WITHIN ALL OF THE RESPECTIVE ZONING DIS- TRICTS EXCEPT THE RESIDENTIAL OFFICE (RO) DISTRICT; BY AMENDING APPENDIX "A", "DEFINI- TIONS", OF THE LAND DEVELOPMENT REGULATIONS TO PROVIDE A DEFINITION FOR THE TERM 'POCKET PARK'; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 8-00 is on file in the City Clerk's office.) 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. Hayor Alperin declared the public hearing open. There being no one who wished to address the Commission on this item, the public hearing was closed. Hr. Schmidt moved to approve Ordinance No. 8-00 on FIRST Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. ll.A. City Hanager's response to prior public comments and inquiries. There were no responses to prior public comments or inquiries. 11 .B. From the Public. ll.B.1. Alice Finst, 707 Place Tavant, commented on the pro- spective use of the 15+ acres located south of Lindell Boulevard -15- 3/21/00 along with some properties going north on the east side of Old Dixie Highway as discussed by the Planning and Zoning Board at its Harch 20th meeting. Hrs. Finst reminded the City Commission that this property was talked about quite a while ago as being a potential location for an easterly school between Delray Beach and Boca Raton. She asked the Commission to keep this in mind when considering any proposals for development of the property. For information purposes, Hayor Alperin commented that the Education Board also discussed this possibility at its Harch 20th meeting and he has also spoken with Tom Lynch, School Board member, about the property. Diane Dominguez, Director of Planning and Zoning, added that the property is identified in the Redevelopment Area ~6 (Lindell/Federal) plan as an appropriate location for a school, so it is an option. ll.B.2. Jean Beer, 2145 S.W. 26th Terrace, asked who was going to be the person to follow up on the billboard to insure that the people who are putting in the gas station at West Atlantic Avenue and Barwick Road do, in fact, get rid of the billboard when the lease runs out? She stated she would like an answer to this question because of what happened at Causeway Lumber. On behalf of P.R.O.D., Mrs. Beer thanked Commissioner Randolph and Mayor Alperin for their service to the City. Both have sacrificed a great deal and P.R.O.D. appreciates all they have done. On a personal note, Mrs. Beer commented that when the City looks to Visions 2010, knowing the number of minority population in Delray Beach, she would very much like to give David Randolph another job. She felt that if anyone should take the lead position in Visions 2010, it should be Hr. Randolph because everyone knows that that is where the work needs to be done in the future. ll.B.3. Kevin Warner, 248 Venetian Drive, expressed his thanks and appreciation to Commissioner Randolph and Mayor Alperin for their service to the City. Hr. Warner stated he had been informed that a vote in some fashion is expected at the April 4th City Commission meet- ing on the Laver's Tennis purchase, and that no new evidence, information or analysis has come forth at the Commission level over the last few weeks. He commented that he had sent informa- tion he felt to be germane to the City Hanager and to the City Commission and was looking for some commentary on what exactly is supposed to happen on April 4th. Hr. Warner inquiried as to the general status of the analysis and investigation that has -16- 3/21/00 been going on just so he and others, as general citizens, do not come into a meeting and see something voted on without any sort of previous discussion or response to questions that have come from the public. ll.B.4. Henry Williams, 310 N.W. 3rd Avenue, expressed his thanks to Mayor Alperin and Commissioner Randolph for all they have done for the City. He added, however, that there is always more work to be done and he would like to see Hr. Randolph remain active in what goes on in the City. ll.B.5. Rosetta Rolle, 301 N.W. 3rd Avenue, added her commendations to Commissioner Randolph and Mayor Alperin as they prepare to leave office. Mrs. Rolle further stated that she attended the March 7th Commission meeting at which there was a presentation by the Chatelaine Homeowners Association which she found, in part, to be offensive. She resented the use of City grant money to show racial division as she felt was evidenced by the slide of the two young black men sitting on the old entryway into Chatelaine. Hrs. Rolle also felt it was inappropriate for grant money to be used to sponsor a candidate for City Commission as appeared to be the case with Rebecca Jennings. She felt that the presentation should have been monitored for these types of things and that the City was remiss in not reviewing the presen- tation before it was presented to the public. ll.B.6. Mary Alford, 31 N.W. 14th Avenue, extended her grati- tude to both Mayor Alperin and Commissioner Randolph for all they have done for the City, but especially to Hr. Randolph who, as a resident of the gateway community, has been a tremendous help to the community in showing how to get things done. With his assistance, the residents were able to accomplish many things. The Gateway Homeowners Association recognizes and appreciates this fact. ll.B.7. John Bennett, 137 Seabreeze Avenue, asked if anyone could explain to him the interrelationship between whatever is going to come of the MacArthur Foundation grant, if the City gets it, and Visions 20107 Hr. Bennett further expressed his thanks to Commissioner Randolph and Hayor Alperin for their service to the City. While he has not always agreed with them, he recognizes the sacrifices they have made to serve the City and appreciates all they have done. They leave large shoes to fill on the City Commission. ll.B.8. Carolyn Zimmerman, 212 S.W. 2nd Avenue, commented that she has heard rumors that there are no Haitians or Hispanics on -17- 3/21/00 the Visions 2010 committee. She understands that Bill Wood is on the committee representing the business area, but she is not on it and she represents all of the residents in this town through the condo and homeowners associations. She felt that anyone who wants to have a voice in the community should be allowed to do so and it should not be a select group. 12. FIRST READINGS: None At this point, the Commission returned to the regular agenda, Item 9.C. 9.C. DIRECTION REGARDING THE POTENTIAL ACQUISITION OF LOTS IN BLOCK 69: Consider directing the Community Redevelopment Agency to pursue the acquisition of Lots 19, 20 and 24, Block 69, for the purpose of providing public parking. Commissioner Schmidt commented that he had been passed a note from the audience that there are some members of the public that would like to speak on this item. It was the majority consensus of the City Commission to allow public input. Diane Dominguez, Director of Planning and Zoning, presented an overview of the proposal. The Worthing Place project includes the construction of a parking garage on Block 69 that will be used for parking by the general public and by the GRIP building. As proposed, the garage would occupy three of the six lots located within the portion of Block 69 that were the subject of a recently adopted text amendment allowing the establishment of specified CBD uses. A conceptual site plan for the garage was discussed at recent meetings of the Historic Preservation Board and Parking Management Advisory Board. As proposed, the garage will provide slightly more than 200 spaces in a building that is approximately 36 feet in height. It was suggested at both meetings that if more property could be ac- quired, the height of the structure could be reduced, or addi- tional spaces added. Hs. Dominguez stated that, from a staff standpoint, it makes sense to at least look at this possibility now before moving ahead with the garage because maybe a better design alternative is there. The acquisition of property within Block 69 as a potential parking site is not specifically identi- fied in the Community Redevelopment Plan. The City Commission could, however, direct the CRA to pursue acquisition of the lots which would then be followed by a formal amendment to the CRA Plan, or to at least explore that possibility. Hayor Alperin opened the floor for public comment. Speaking from the audience were the following: John Bennett, 137 Seabreeze Avenue, stated that he had no objection to this proposal being considered but the agenda -18- 3/21/00 item before the Commission is to direct the Community Redevelop- ment Agency to do it. He felt the proposal ought to be studied further as it is somewhat vague in its present form. Jean Beer, 2145 S.W. 26th Terrace, stated that P.R.O.D. took a position that they were not in favor of the size of the garage in the historic district. She has grave concerns about this proposal and concurs with Mr. Bennett that much more study is needed in order to get the facts straight. She ques- tioned why the CRA has not taken a position on this and why should the City Commission be directing them to do something without first looking at it. Irwin Rockoff, 743 N.W. 23rd Lane, stated he was confused as to why this issue was even being brought up. There has been no discussion as to the potential cost to the taxpayers and he felt it was inappropriate that the item was on the agenda. Rosetta Rolle, 301 N.W. 3rd Avenue, stated that she felt this issue ought to be deferred until the new Commission comes on board since it would not be right to saddle them with something that is not necessary. Carolyn Zimmerman, 212 S.W. 2nd Avenue, stated that she felt the proposal should be looked at in much more depth before any type of direction is given to anybody. Charles Siemon, Siemon & Larsen, counsel to Dharma Properties, encouraged the City Commission not to take any action on this matter. While it is possible that a better garage could be designed on the six lots that would mitigate some of the adverse consequences, there is nothing in this action as it is proposed to the Commission that would give anyone any comfort that that is the case. He further stated that he felt the Commission should be very cautious. It is a very curious matter that the original amendment to the OSSHAD district added three additional lots and the representation was that they were added to the amendment just to round off the block. Now the subject action is being proposed. Mr. Siemon urged the Commission to not take any action, but rather be deliberate and careful before proceeding. Kevin Warner, 248 Venetian Drive, commented that he would be curious to hear how the Historic Preservation Board feels about this proposal before any action occurs. Also, he was present at the Parking Management Advisory Board meeting where Chris Brown brought this item up as a non-agendaed item. His impression of that discussion was that the Board felt it might be a good idea, but they would want to hear more about it. -19- 3/21/00 Hr. Warner felt that the Commission would want to hear from these boards before making any type of decision. Simon Harvey, 1040 Seasage Drive, questioned if there had been any real discussions concerning this proposal by any- body other than staff and the CRA? He felt no action should be taken until it goes through the normal process. There being no one else who wished to speak, Hayor Alperin closed the floor to public comment. Discussion by the Commission followed. Commissioner Schmidt commented that he liked all of the positive aspects that this proposal could accomplish as set out in the Planning Direc- tor's memorandum. However, he would feel more comfortable giving direction to the CRA to try to acquire this land if the Commission had an actual vote from the CRA asking the Commission to give them direction on this and they were recommending it to the Commission. Commissioner Archer concurred that she, too, would feel much more comfortable if there was a recommendation from the CRA and the Historic Preservation Board. Lacking these, she would support deferring any action until they are in hand, either pro or con. Commissioner Schmidt moved to direct the CRA, the Historic Preservation Board and the Parking Management Advisory Board to review this matter as presented by the Planning Direc- tor and give the Commission recommendations on how they feel the Commission should proceed. The motion was seconded by Hr. Schwartz. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.D. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint an alternate member (layperson) to the Code Enforcement Board to fill an unexpired term ending January 14, 2002. The appointment will be made by Commissioner Randolph (Seat #4). Commissioner Randolph moved to appoint Josh Smith, Jr. to the Code Enforcement Board as an alternate member (layperson) to fill an unexpired term ending January 14, 2002. Hr. Schmidt seconded the motion for discussion. Hr. Schmidt stated that he has a great deal of respect for Dr. Smith, but he also has a problem with someone sitting on a board that is constantly fighting the board. He felt there are other avenues to correct the sorts of grievances that Dr. Smith alleges are contained in the system. Hr. Schmidt ex- -20- 3/21/00 pressed concern about how well the board would be able to func- tion as a group if Dr. Smith were to be appointed. Hr. Randolph responded that it is unfortunate, but it seems to him that if you are not a part of the system then you are out of the system. Hayor Alperin stated that it is the eight pages of violations and problems that the nominated individual has had with the City's Code Enforcement Board that makes it difficult for the Hayor to accept the nomination. Mr. Randolph asked that the Mayor call the question. Upon roll call the Commission voted as follows: Hr. Schmidt - Yes; Mrs. Archer - No; Mr. Schwartz - No; Mr. Randolph - Yes; Mayor Alperin - No. Said motion FAILED TO PASS with a 3 to 2 vote. 9.E. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint two regular members to the Nuisance Abatement Board for two year terms ending March 31, 2002. The appointments will be made by Commissioner Schmidt (Seat ~1) and Commissioner Archer (Seat #2). Hr. Schmidt moved to appoint Edward Ostrowski, Jr. to the Nuisance Abatement Board as a regular member for a two year term ending Harch 31, 2002. The motion was seconded by Hrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to appoint N. Jean Heinly to the Nuisance Abatement Board as a regular member for a two year term ending Harch 31, 2002. The motion was seconded by Hr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.F. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE (RESOLUTION NO. 29-00): Appoint five members to the Affordable Housing Advisory Committee for two year terms ending March 31, 2002, and adopt Resolution No. 29-00. The appointments will be made by Mayor Alperin (provider of affordable housing), Commissioner Schmidt (real estate professional), Commissioner Archer (citizen-at-large), Commissioner Schwartz (citizen-at-large), and Commissioner Randolph (banking/mortgage industry representative). -21- 3/21/00 Hayor Alperin stated that he wished to appoint Joe Farkas to the Affordable Housing Advisory Committee (provider of affordable housing position) for a two year term ending Harch 31, 2002. Mr. Randolph so moved, seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. Hr. Schmidt moved to appoint Woodrow Lockett to the Affordable Housing Advisory Committee (real estate professional position) for a two year term ending Harch 31, 2002. The motion was seconded by Hr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to appoint Donald Goebel to the Affordable Housing Advisory Committee (citizen-at-large posi- tion) for a two year term ending Harch 31, 2002. The motion was seconded by Hr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. Mr. Schwartz moved to reappoint Ilse Nathan to the Affordable Housing Advisory Committee (citizen-at-large posi- tion) for a two year term ending Harch 31, 2002. The motion was seconded by Hr. Randolph. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Mr. Randolph moved to appoint Cheryl Lynn Banks to the Affordable Housing Advisory Committee (banking/mortgage industry position) for a two year term ending Harch 31, 2002. The motion was seconded by Hr. Schwartz. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. RESOLUTION NO. 28-00 (PURCHASE OF 800 MHz RADIO SYSTEM FROM MOTOROI~I): Consider approval of a resolution authorizing the Mayor to execute a contract with Motorola, Inc. for the purpose of purchasing a fully operational 800 HHz trunked radio system. The caption of Resolution No. 28-00 is as follows: A RESOLUTION OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF DELRAY BEACH -22- 3/21/00 AND MOTOROLA, INC. FOR THE PURPOSE OF PUR- CHASING A FULLY OPERATIONAL 800 MHz TRUNKED RADIO SYSTEM; PROVIDING FOR SEVERABILITY; PROVIDING A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Resolution No. 28-00 is on file in the City Clerk's office.) The City Hanager commented that staff has been working on this project since 1998. It is a very complex project involving working with our neighbors Boynton Beach and Boca Raton, and was further complicated because of the change in leadership in those two cities. The Hanager publicly commended Captain Ross Licata with the Delray Beach Police Department, who has taken a major leadership role in helping to bring this to fruition. What is recommended is the purchase of the complete system at a price of $2,973,671 as Delray Beach's share. Some portions of that cost will be picked up by Highland Beach and Gulf Stream since Delray Beach provides fire rescue for both communities and does the Police dispatch for Gulf Stream. The new system will replace all of our radios, Police, Fire and general government. It will be an 800 megahurtz system and will be interoperable with our neighboring communities. The City will also be using the County's Smartzone switch which will be an essential part of the system. Mrs. Archer moved to approve Resolution No. 28-00 authorizing execution of the contract with Hotorola, Inc. for the purchase of a fully operational 800 HHz trunked radio sys- tem. The motion was seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. The City Hanager further commented that this same item was on the agenda this evening in both Boca Raton and Boynton Beach, so hopefully it will all be wrapped up as far as the approvals. The City's present radio system is roughly fifteen years old and parts of it are not being made any longer. When it breaks down, Hotorola has to go cannabilize from somewhere else. We looked at some other technologies which look very promising, but they are all at least two years off and we felt we could not wait that long. The three communities all have immediate needs that need to be addressed. The new radio system will also address problems some of our Police officers have had with dead zones in parts of the City where they cannot receive or transmit, so it will enhance their safety throughout the community as well. -23- 3/21/00 9.H. INTERLOCAL AGREEMENT (AMENDED) TO ESTABLISH SOUTH PALM BEACH COUNTY PUBLIC SAFETY COMMUNICATIONS COOPERATIVE (PSCC): Consider approval of an interlocal agreement, as amended, by and among the City of Boca Raton, the City of Delray Beach and the City of Boynton Beach to establish the South Palm Beach County Public Safety Communications Cooperative. The City Attorney stated that the date in the agree- ment should be changed from February 2, 1998 to the current date. The City Hanager stated this is essentially an amend- ment to our previous agreement and it takes into account some of the differences between what was envisioned when we started out and the system that has finally been designed. Hr. Schmidt moved to approve the interlocal agreement, as amended, to establish the South Palm Beach County Public Safety Communications Cooperative. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.I. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY (SMARTZONE CONTROLLER): Consider approval of an interlocal agreement with Palm Beach County wherein the City will be permitted to connect to the County's SmartZone Controller for the 800 MHz Trunked Radio System in exchange for the City paying a fair share of the operation and maintenance costs. The City Hanager stated that this agreement will allow us the use of the SmartZone controller that is being purchased and installed by Palm Beach County. That fact will save the three cities together a good deal of money and so we are appre- ciative of the County's cooperation in making this available. Each city will be responsible for its share of the operating costs. Hr. Schwartz moved to approve the interlocal agreement with Palm Beach County for use of the SmartZone controller for the 800 MHZ radio system. The motion was seconded by Mr. Ran- dolph. Upon roll call the Commission voted as follows: Hr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Ran- dolph - Yes; Mayor A1perin - Yes. Said motion passed with a 5 to 0 vote. 13. Comments and Inquiries on Non-Agenda Items. 13 .A. City Manager. -24- 3/21/00 The City Hanager commented that while driving in the neighborhood the other day, he noticed that our retention area on S.W. 4th Avenue had more than doubled in size. Upon inquir- ing as to how this came about, he found that our Environmental Services staff was able to work a deal with a company in the area that needed some fill and they enlarged that retention area at no cost to the City. He commended the Environmental Services staff for their creativity in accomplishing this, noting that it should greatly improve the drainage situation in that area of the community. The City Hanager then advised that he does not expect to be present at the organizational meeting on Harch 30, 2000. Unfortunately, it conflicts with the International City Manage- ment Association (ICMA) Best Practices Symposium which is being held in Savannah this year. He has been to one of these in the past and found it to be extremely beneficial, so he is planning to attend again this year. 13 .B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Commissioner Archer commented that she was very upset about what transpired earlier in the meeting with respect to the Code Enforcement Board appointment. She stated that Dr. Smith is a very intelligent man and a good community leader and she would very much like to see him serve on a City board. She had inquiried of staff as to how the code enforcement situations developed and as to whether there was ever an attempt to reach some reasonable settlement, and was told that it was absolutely refused. While she would like to see Dr. Smith appointed, she has a major problem with the fact that he has refused to make any concession at all even if the City is willing to do so. Mrs. Archer wanted the record to reflect that she was extremely upset by this because she would very much like to see the situa- tion resolved. She publicly appealed to Dr. Smith to please come and talk to the City to try to resolve the code enforcement issues through reasonable compromise. 13.C.2. Commissioner Schmidt stated that it has been a real pleasure for him to have served for the last three years with Mr. Randolph and Mayor Alperin. There is a saying in golf circles that you learn alot about someone from the way they play golf. He met David Randolph on the golf course in the City league about eight years ago and found him to be a very fierce competitor, but also very gracious whether he wins or loses. Mr. Schmidt stated that he respects everybody who sits on the Commission, but no one more than David Randolph. Mr. Schmidt -25- 3/21/00 expressed his thanks and appreciation to Hayor Alperin for being a mentor, and stated that the City is losing two very fine people on the Commission and he certainly hoped that both would stay involved in the community. 13.C.3. Commissioner Schwartz stated that it has been a plea- sure working with Commissioner Randolph and Mayor Alperin, albeit for a brief period of time. 13.C.4. Commissioner Randolph stated that it has truly been a distinct pleasure serving on the City Commission over the years. He appreciates the fact that things don't always go your way and holds no ill feelings toward anyone. However, he will continue the good fight. Just because he may fight you does not mean that he doesn't love you. He loves and respects all and will do so to the end. Mr. Randolph publicly acknowledged and expressed his deepest appreciation to his lovely wife, Mary, because she has been the backbone who enabled him to do so many of the things he has done in the City over the years. Mr. Randolph thanked everyone for all of the support he has received over the years. 13.C.5. Mayor Alperin stated that it has been a privilege for him to have been given the opportunity and ability to serve on the Commission. Although he has enjoyed it tremendously for the past ten years, the truth is that it has not been easy. Alot of work is involved, including study, phone calls, letters, as well as a lot of sleepless nights. He spent many nights not sleeping trying to figure out what was the best thing to do for the City. He further commented that he was very fortunate in not having any opposition during his tenure, so that he always felt that he didn't have to vote on anything just to get re-elected. He always tried to do what he thought was going to be best for the future of the City as a whole and was willing to take the abuse when an unpopular decision was made. Hayor A1perin further stated that it has been his pleasure to have served with some outstanding people over the past ten years. He is confident that the Commission is being left in good hands with people who will continue to give the City more and more to be proud of. Lastly, Mayor Alperin com- mented that he honestly felt that of all the thousands of deci- sions he made over the last ten years, the best decision the Commission ever made was hiring David Harden as the City Hanag- er. It has been a pleasure and a privilege to work with him. Also, he was confident that the best choice for our City Attor- ney was the promotion of Susan Ruby instead of looking to the outside, and she has happily proved him right. Hayor Alperin expressed his thanks and appreciation to everyone for their support, and commented that he is not leaving either. There are too many things yet to be done. -26- 3/21/00 There being no further business, adjourned by Hayor Alperin at 8:15 p.m. the meeting was ATTEST: City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission of Harch 21, 2000, which minutes were formally approved and adopted by the City Commis- sion on City Clerk NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. -27- 3/21/00 Mayor Alperin further stated that it has been his pleasure to have served with some outstanding people over the past ten years. He is confident that the Commission is being left in good hands with people who will continue to give the City more and more to be proud of. Lastly, Mayor Alperin com- mented that he honestly felt that of all the thousands of deci- sions he made over the last ten years, the best decision the Commission ever made was hiring David Harden as the City Manag- er. It has. been a pleasure and a privilege to work with him. Also, he was confident that the best choice for our City Attor- ney was the promotion of Susan Ruby instead of looking to the outside, and she has happily proved him right. Mayor Alperin expressed his thanks and appreciation to everyone for their support, and commented that he is not leaving either. There are too many things yet to be done. There being no further business, adjourned by Mayor Alperin at 8:15 p.m. ATTEST: the meeting was ' ~ City- C~rk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission of March 21, 2000, which minutes were formally approved and adopted by the City Commis- sion on ~xlW~L~_ ~. ~oo -Cit~ ~erk NOTE TO READER: If the minutes you have received are not com- pleted as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. -25- 3/21/00 BERGH INTERNATIONAL HOI,DINGS 2201 North Federal Highway · Delray Beach, FL 33483 Sister Cities visit to Moshi, Tanzania November 23 and 24, 1999 KJELL BERGH Chairman of tha Board Maria Nhambu Bergh and Kjell Bergh represented the Delray Beach Sister Cities organizing committee in the first formal visit to Moshi, Tanzania. On arrival the night of November 23'~, 1999, we hosted the Municipal Director, Mr. Shaib Z. Muyinga for dinner at the Keyes Hotel. He outlined an ambitious agenda for the next day, which would include visits to a number of sites. Mr. Muyinga is an articulate, ambitious and very straight-forward chief of the permanent municipal staff. His posit]on corresponds directly with that of our city manager. (Mr. Muyinga himself personally prefers to use the title City Clerk.) Mr. Onesmo Ngowi, who had visited Dclray Beach earlier in the year as Moshi's first official sister cities delegate and now heads up the Moshi organizing committee joined us for drinks after dinner. Immediately after breakfast on November 24t~, we were escorted to the offices of the Lord Mayor of Moshi, Councilor Denis N. Chuwa. We were warmly greeted and completed the customary signing of the guest book, before going into the Municipal Council chambers to meet the department heads and also the members of the Sister Cities organizing committee. In addition to the Lord Mayor and the Municipal Director, Onesmo Ngowi as head of the committee also joined us on the dais. I made a presentation and took questions in English, while Maria did the same entirely in kiswahili, which made a deep impression on the assembly. Our next visit was to the offices of Professor Phillemon M. Sarungi, the Regional Commissioner of the Kilimanjaro region, one of 25 regions in Tanzania. Professor Sarungi, a retired orthopaedic surgeon and professor of medicine, holds a position and rank equal to that of Governor Jeb Bush. He is highly respected in the Tanzanian political system, having been referred to us by both President Benjamin William Mkapa and Tanzanian Ambassador Mustafa S. Nyang'anyi .He is most supportive and takes a great personal interest in our sister cities project. We signed the visitors protocol and enjoyed his enlightened and most cordial briefing on the region and on Moshi's role within it. BI~GH MANAGEMENT CORP Delray Beach. FL BORTON VOLVO Mimaeapolts, MN BORTON VOLVO Deb-ay Beach, FL BORTON VOLKSWAGEN Deltay Beach,, FL BORTON TRAVEL Mmneapohs. MN BORTON OVERSEAS Mism~polis, MN AEROBICS WITH SOUL' Mmneapohs, MN TARA~GIRE SAFARI LODGE Tan~-anla, ~t Africa SERENGETI SELECT SAFARIS Tanzania, Fast Afiaca -266-2701 · WAT.R 8,qR-4qcl-44~_Ct ! FAX ~1 -?a'~-I R1 ') -2- We were then invited on a long and interesting excursion primarily designed to highlight investment opportunities in tourism and general infrastructure, as well as projects in need of charitable support. Our first stop was to an area surrounding the downtown bus terminal, newly renovated and resurfaced through a Japanese grant. The area has been cleared of vendors' shanties and is ready for commercial development, perhaps in combination with residential units on upper levels. The site is in a choice downtown location and has much to commend it in terms of location and exposure. The next stop was the Kilimanjaro regional Library, one of only two remaining public , libraries in the region. They are in desperate need of funds to re-roof the building and perform other deferred maintenance, let alone to replenish the badly outdated inventory of books and periodicals. Micro-fiche and computer facilities are not available. As an aside, we have since been contacted by Owen Cox, Carmel, Indiana, who has just returned from a one-year volunteer tour of duty in Moshi. He is raising funds for this purpose, with about $ 3 000 pledged against a goal $ 10 000. Participating in this worthwhile civic project might be an excellent way for the next sister cities delegation to establish permanent good will in Moshi. The subsequent stop was inside a large forest preserve of very tall indigenous trees providing a natural habitat for the rare red Colobus monkey. The forest is close to the city centre and is suggested as a site for a major tourist development, such as a hotel or lodge. Because water treatment is one of the proposed rtl-partite grant application themes between Delray Beach and our sister cities in Japan and Moshi, we were taken to see a very large and impressive sewage treatment operation just going onstream just outside Moshi. It was designed to operate with minimum energy requirements, having no pumps or motorized actuator arms. An important stop was at the Kilimanjaro View Hotel, a well-built three-story hotel with 54 guest rooms plus conference rooms. It is located at the foot of Kilimanjaro in Moshi town and set in an enormous, spectacular garden with an oversize swimming pool. The hotel is 90% completed, but has never opened up as funding evaporated just short of the opening. They are looking for investors in what would absolutely be the top hotel in Moshi. (We have a complete pro forma with pictures.) -3- Not only the Mayor, the Municipal Director and the Regional Commissioner see the completion of this hotel as a top priority. President Mkapa has mentioned it to me twice as a highly desirable joint-venture project. We visited a second hotel, in successful operation and expanding, but also looking for joint-venture partners. This is the Capricorn Hotel at Marangu, forty minutes outside of Moshi. It is located at the entrance to Kilimanjaro National Park, start of most climbs. The hotel treated our large entourage to a first-rate luncheon and a tour of both the hotel facilities and the adjacent owner's residence, which features five bedrooms rented out as luxury suites when the Tanzanian owner (who lives overseas) is not in residence. In the afternoon, we made a brief appearance at a business development seminar for leaders from Kilimanjaro, Arusha and Tanga regions. As they had been in session all day and were trying to leave, this was our least productive venue. At the end of the day, our large local entourage disbanded. Professor Sarungi, the Regional Commissioner, graciously invited Mafia and me to come to his official residence for drinks. He was a delightful host who personally served from his private stock. We then had a wrap-up session at the Keyes Hotel with Onesmo Ngowi and the Municipal Director. Both agreed it had been a very successful visit. In summary, it was a productive trip. There is much genuine enthusiasm for the sister cities link-up with Delray Beach, which has been embraced by the entire regional and municipal political leadership and by the business community, whose members fill most of the organizing committee's slot. Mr. Ngowi is clearly a popular and effective leader of the committee and also the appointed liaison to the Mayor's office. It is clear that there are elevated expectations of various forms of support from the Moshi side. We spent some effort reducing expectations without dousing their obvious enthusiasm. As a practical matter, there are in fact opportunities for investments that may well be of interest to residents of Delray Beach. However, we need to make sure it is clearly understood that this needs to be a mutually beneficial relationship that touches on cultural, professional and business bridges which may ultimately be built between our two cities. We should point out that the Moshi committee and the political leadership are anxiously looking forward to the anticipated Delray Beach delegation tentatively suggested for late June of 2000. (This is a time slot which meets with their approval) The Mayor specifically listed plans to de. comte the down-town area with banners proclaiming it Delmy Beach week, and to permanently rename a major downtown street Delmy Beach Avenue. The intended street connects the municipal offices and the Regional Commissioner's offices. Finally, Maria and I had a private dinner in Dar es Salaam with President Mkapa at his residence and gave him a complete briefing of our visit. He was delighted with the developments so far and continues to take an active personal interest in it. We were not able to meet with the Rev. Charles Stith, U.S. Ambassador to Tanzania, but we have copied him in on our correspondence. Maria Nhambu Bergh and Kjell Bergh January5,2000 DELRAY BEACH SISTER CITIES ORG;LNIZING COMMITTEE TO ESTABLISH LINKAGE WITH MOSHI, TANZANIA Mike Applebaum Tennis Director, Safari Tour Guide Mark Baron and Susan Baron Owners, Native Accents African Art Gallery Kjell Sergh , Chairman, Bergh International Holdings; Transportation and Tourism companies in U.S.A and Tanzania Maria Nhambu Bergh Certified Fitness Instructor, Owner and Creator, Soul- The African Workout; native of Tanzania Jeff Caldwell Delray Beach Police Officer Aerobics With Charlotte G. Durante O~mer, Durante ReaZty and Insurance Agency K. Anthony Durante Delra¥ Beach Police Officer Loll J. Durante Fashion Stylist and Fashion Journalist Dc Charles Eschenberg Larry Garito Delray Beach Fire Department Lieutenant Ned Gusty Director, Human Resources Department, City of Delray Beach Bertram Mens~h Retired Research and Development technician; missionary in Tanzania for 15 years Page Two Ngozi Mensah Educational Consultant for school systems classroom curriculums; lived In Tanzania for many years Clovis Modie Resource teacher at Carver M~ddle School Rose Newbold Delray Beach Poli~e Officer Jeff Peflman Publisher of Education Times newspaper