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08-17-99 AUGUST 17, 1999 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, August 17, 1999. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner David Randolph Commissioner David Schmidt Commissioner Michael Wright 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 William Stokes, St. Paul's Episcopol Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mayor Alperin noted the addition to the agenda of Item 6.D., Proclamation recognizing and commending Father Thomas E. Shepherd, and the distribution of a revised Ordinance No. 29-99 (Item 10.A. re Police and Fire Retirement Plan) containing a minor change. The City Manager asked that Item 12.A., Ordinance No. 32-99 re Police and Fire DROP Plan, be removed from the agenda to allow the Police and Fire Pension Board the opportunity to review and make a recommendation on same. Also, that Item 12.B., Ordinance No. 33-99 re the rezoning associated with the Tennis Center expansion, be removed from the agenda to allow staff the opportunity to work on it and try to develop an ap- proach that would be more acceptable to the neighborhood. Mr. Schmidt moved to approve the agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Mr. Schmidt moved to approve the Minutes of the Regu- lar Meeting of August 3, 1999, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6.A. Recognizinq and commending the First Haitian Community C.E.R.T. (Community Emergency Response Team) Class. Mayor Alperin read and presented a proclamation recog- nizing and commending Delray Beach's First Haitian Community C.E.R.T. Class for their exemplary example of volunteerism and willingness to become involved with a program designed to pro- vide assistance to fellow community members. Lieutenant Larry Garito with the Delray Beach Fire Department came forward and thanked the City Commission for the recognition afforded to the Haitian community C.E.R.T. class. He especially recognized the efforts of Mr. Alfred Etienne, Mr. Lamousse Valcena and Police Officer Johnny Pun who were instru- mental in organizing the Haitian community members to take the class as well as serving as interpretors to overcome the lan- guage barrier. Lieutenant Hal Knab with the Delray Beach Fire Depart- ment then presented a plaque reading, "August 17, 1999 - In honor of the community support shown by the Haitian community in the Community Emergency Response Team" Mr. Lamousse Valcena, 2488 Lake Ida Road, came forward to accept the proclamation and plaque on behalf of the Haitian community and thanked the City for making this opportunity available to them. He presented plaques of appreciation to the Fire Department and the various staff members who had participat- ed in this effort. 6.B. Expressing sincere thanks to our Sister City, Miyazu, Japan, for their gracious hospitality to our First Business Exchange delegation. Mayor Alperin read and presented a proclamation recog- nizing the Sister City Program's first Business Exchange delega- tion to our Sister City of Miyazu, Japan, thanking the citizens of Miyazu for this opportunity to share information and for the hospitality extended by them to our delegation, sending best wishes for good health and fortune, and extending our hands in friendship and peace. The delegation consists of Bill Wood, President of the Greater Delray Beach Chamber of Commerce, Lieutenant Larry Garito with the Fire Department, Officer Tony Durante with the Police Department, and Deputy City Clerk Bar- bara Garito. They will be leaving for Miyazu on September 7, 1999. 2 08/17/99 On behalf of the delegation, Lieutenant Larry Garito came forward to accept the proclamation and extended his thanks to the City Commission. 6.C. Literacy Awareness Month - September 1999 Mayor Alperin presented a proclamation in recognition of September, 1999, as Literacy Awareness Month and urged all citizens interested in acquiring services or information regard- ing literacy to contact the Palm Beach County Literacy Coalition. 6.D. Recoqnizing and commendinq Father Thomas E. SheDherd Mayor Alperin read and presented a proclamation extend- ing heartfelt thanks and appreciation to Father Thomas E. Shep- herd, Rector of St. Matthew's Episcopal Church, for his exempla- ry service to the City of Delray Beach, acknowledging the contri- butions he has made to the community, and wishing him and his family good health and happiness as they move to Kansas City, Missouri, where Father Shepherd will serve as Rector at St. Augustine Episcopal Church. Father Shepherd came forward to accept the proclama- tion and thanked the City Commission for their recognition. He reminded everyone that the greatness of Delray Beach comes through the willingness to serve the people of this city and to enhance the quality of life for all of its citizens. 7. Presentations: 7.A. Presentation by Sister City Committee (Tanzania) Charlotte Durante, Chairperson of the Organizational Committee to establish a Sister City in Tanzania, East Africa, gave a presentation concerning the expansion of the current Sister City Program to include the establishment of a Sister City linkage with the City of Moshi, Tanzania. Correspondence has taken place and the City of Moshi is interested in pursuing a Sister City relationship with the City of Delray Beach. The organizational committee is very enthusiastic about going through the different phases of what is required in order to establish this new Sister City. Mrs. Durante then introduced Mr. Kjell Bergh who made a presentation on why the organization- al committee feels that a linkage with Moshi, Tanzania, would be a great one for Delray Beach and how we can benefit from the expansion of the Sister City program and an international rela- tionship with Tanzania. Following the presentations by Mrs. Durante and Mr. Bergh, it was the consensus of the City Commission to endorse the campaign for the establishment of a Sister City relationship between Delray Beach and Moshi, Tanzania, with direction that a resolution of support be prepared for the next regular agenda. 3 08/17/99 7.B. Presentation by Randal Kre~carek, City Engineer, concerning alley abandonment in the City. Mr. Krejcarek discussed the efforts of the past sever- al months to inventory and try to identify potential alleyways which may be appropriate for abandonment by the City. Ail of the alleys east of 1-95 were looked at, with the first question being is the alley improved, is there an existing sanitary sewer or a water main greater than or equal to 6 inches, or is it a primary access for any of the properties that abut it? If the answer was yes to any of these items, the alley was put into the 'Do Not Abandon' category. If no, the next question was is there secondary access off of the alley? If that answer was yes, then the next step was to go to the residents and explain that alley is one that could be abandoned if they were willing to cut off the secondary access. If the answer was no, the next question was is there a planned water main upgrade in the al- ley? If yes, there would still be the potential for abandonment after the upgrade is completed. With the upgrade program, the water main is being taken out of the alley and moved into the street. If no, then the alley could potentially be abandoned right away. Mr. Krejcarek then presented graphic depictions of the inventory process and subsequent analysis which indicated that most of the alleyways with the potential for abandonment are located in the area south of Lake Ida Road to South 10th Street, east of 1-95. Mr. Krejcarek stated that the plan is to move forward on a neighborhood by neighborhoood basis, explaining the process used to arrive at an alleyway's abandonment potential and get- ting the input of the residents who may be affected by the proposal as to whether or not they would want to have the alley- ways abandoned. Approximately 24 miles of alleyways were includ- ed in the study area. Of this total, roughly 6 to 8 miles are alleys that could be abandoned right now, with probably two more miles that could be abandoned if residents are willing to give up their secondary access, and about two more miles that could be abandoned after water main upgrades, for a total of approxi- mately 10 to 12 miles of alleyways with abandonment potential. After brief discussion, it was the consensus of the City Commission to direct staff to proceed with this project as outlined by Mr. Krejcarek. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. FINAL PLAT APPROVAL/TRACT "E" DELRAY PARK OF COM- MERCE: Approve the final plat for Tract "E" Delray Park of Commerce, being a replat of Tract "E", Delray Park of Commerce as recorded in Plat Book 54 at Pages 188-190, Public Records of Palm Beach County. The subject property is located north of Lake Ida Road on the east side of N.W. 17th Avenue adjacent to the CSX Railroad. -4- 08/17/99 8.B. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT WITH NCF&O AND MEMORANDUM OF UNDERSTANDING: Ratify and approve the Collective Bargaining Agreement and Memorandum of Understanding between the City and the National Conference of Firemen and Oil- ers, SEIU, AFL-CIO, Local 1227, for the three year period Octo- ber 1, 1998 through September 30, 2001. 8.C. AMENDMENT TO CONSOLIDATED ACTION PLAN FOR FY 1999: Approve Amendment %1 to the previously approved Consolidated Action Plan for FY 1999 and the approved use of funds under the Community Development Block Grant (CDBG) Program by deleting $50,000 in support of the rehabilitation of Lake Delray Apart- ments and adding $50,000 to support the master site improvement plan at Carver Estates. 8.D. FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Approve funding subsidies in the total amount of $47,450.00 for three income eligible applicants under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program). These awards (one in the amount of $16,750, one in the amount of $15,000 and one in the amount of $15,700) represent the 90th, 91st and 92nd homeownership assistance grants provided under the Renaissance Program. 8.E. SUBORDINATION OF UTILITY INTERESTS AGREEMENT WITH PALM BEACH COUNTY: Approve a subordination agreement with Palm Beach County for a City easement over a portion of Tract Z of the Plat of Linton Lake II which abuts Linton Boulevard along the south right-of-way and is needed by the County for additional right- of-way to accommodate the planned widening of Linton Boulevard. 8.F. REMOVED 8.G. PURCHASE OF MICROSOFT CLIENT LICENSES FOR NEW AND EXISTING NETWORK SOFTWARE: Approve the purchase of Microsoft Software License upgrades in the amount of $76,321.00 from PC Mall (lowest of four quotes obtained). The updated license agreements will provide up-to-date releases of the MS Office currently used in the City's microcomputer environment. The licenses are for two years and will be funded from 334-6112-519-66.10 (General Construction Fund/Software). 8.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 2nd through August 13, 1999. 8.I. AWARD OF BIDS AND CONTRACTS: 1. Purchase award in the amount of $20,400.00 to FireCo, Inc. for the purchase of a thermal imag- ing camera to be used by the Fire Department, with funding from 001-2315-526-64.90 (Fire Opera- tions - Other Machinery & Equipment). 08/17/99 2. Contract award in the amount of $205,965.00 to Chaz Equipment Company, Inc. for the S.E. 4th Avenue Water Main Improvements project, with funding from 442-5178-536-61.78 (Water Main Distribution) in the amount of $121,530.00 from current FY 1999 budget and $84,435.00 from FY 2000 budget. Mr. Schmidt moved to approve the Consent Agenda, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. TEMPORARY CERTIFICATE OF OCCUPANCY/LAKEVIEW BAPTIST CHURCH: Consider a request to allow the issuance of a temporary certificate of occupancy for Lakeview Baptist Church in order to allow use of the newly constructed fellowship hall and classroom addition prior to construction of a required stabilized sod parking and associated improvements. The subject property is located on the east side of North Swinton Avenue just south of the City limits and north of N.W. 22nd Street. Diane Dominguez, Director of Planning and Zoning, explained the request is to allow issuance of a temporary certif- icate of occupancy for Lakeview Baptist Church in order to allow use of the newly constructed fellowship hall and classroom addition prior to construction of a required stabilized sod parking lot and associated improvements. The church is request- ing an additional 18 months (until February 17, 2001) to com- plete these improvements. Staff does not have a problem with the request inasmuch as the size of the congregation is smaller than the church's seating capacity and the existing 93 paved parking spaces are adequate to handle the congregation's current parking needs. Ms. Dominguez stated the additional time request- ed is not unreasonable and staff recommends approval of the request. Mrs. Archer moved to approve the request for a tempo- rary certificate of occupancy for 18 months (until February 17, 2001) for Lakeview Baptist Church to allow the use of the fellow- ship hall and classroom prior to construction of the stabilized sod parking area and improvements to the south parking area. The motion was seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. 9.B. SPECIAL EVENT REQUEST/3RD ANNUAL GODZILLA, SUSHI AND HOT BIKES FESTIVAL: Consider a request for special event approv- al for the 3rd Annual Godzilla, Sushi and Hot Bikes Festival to be held on October 3, 1999, including a temporary use permit for -6- o8/17/99 the use of Railroad Avenue from Atlantic Avenue to N.E. 1st Street, allow street pole banners to be placed on Atlantic Avenue more than one week prior to the event, permit the use and set up of the large City stage at 50% of the rental cost, and staff assistance for street barricading and Police security. Robert A. Barcinski, Assistant City Manager, presented a brief overview of the request. He noted that the Police security can be provided at the detail rate. No overtime will be needed for barricading. The normal rental rate for the large stage is $1,590 plus tax, and the event sponsor has agreed to pay 50% of this cost, or $795.00 plus tax. The stage can be set up during regular work hours on Friday and taken down on Monday. Mr. Randolph moved to approve the special event re- quest for the 3rd Annual Godzilla, Sushi and Hot Bikes Festival as recommended by staff, contingent upon receipt of a certifi- cate of liability insurance and a hold harmless agreement. The motion was seconded by Mr. Wright. Upon roll call the Commis- sion voted as follows: Mayor Alperin Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.C. SPECIAL EVENT REOUEST/AVDA 5K WALK: Consider a re- quest for special event approval for the 1st Annual Aid to Vic- tims of Domestic Abuse 5K Walk to be held on Saturday, October 30, 1999, beginning at 7:30 a.m., including a temporary use permit for the use of Anchor Park and City right-of-way along A1A, and staff assistance for barricading streets and traffic control. Robert A. Barcinski, Assistant City Manager, presented a brief overview of the request. The route to be used is the standard 5K route along A1A, with staging to occur at Anchor Park. The Police Department feels they can provide the traffic control assistance with on-duty personnel and volunteers. Overtime costs for the event are estimated at about $900 for barricading streets. AVDA will set up and man the registration area at Anchor Park as well as provide volunteers to serve as Marshals along the 5K route. They will also take care of any cleanup that might be needed. The staff recommendation is for approval of the request. Mr. Barcinski noted that AVDA is also requesting that the overtime costs be waived while the staff recommendation is for the sponsor to pay the overtime costs. In the past, the Commission has tended to either waive overtime costs for a first time event such as this, or split the costs on a 50/50% basis. Mrs. Archer moved to approve the special event request for the AVDA 5K Walk as recommended by staff, contingent on the sponsor providing the required liability insurance and a hold harmless agreement, with the exception that the overtime costs for this first time event be waived and if the event continues in future years that the overtime costs be split 50%/50% between -7- 08/ 7/99 the event sponsor and the City. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.D. SPECIAL EVENT REQUEST/5TH ANNUAL DELRAY BEACH STREET CRAFT FESTIVAL: Consider a request for special event approval for the 5th Annual Delray Beach Street Craft Festival to be held on September 25-26, 1999, from 10:00 a.m. to 5:00 p.m., includ- ing a temporary use permit for the use of NE/SE 4th Avenue, one block north and south of Atlantic Avenue, and authorize staff support for security. Robert A. Barcinski, Assistant City Manager, presented a brief overview of the request. No overtime is anticipated. Police will be paid directly by the sponsor at the detail rate. Barricades will be left on Friday and set up by the sponsor. Staff recommends approval endorsement of the event, approval of the temporary use permit and approval of staff support for barricading and Police security with the sponsor paying all Police security costs, contingent on the sponsor providing liability insurance and a hold harmless agreement. Mr. Randolph moved to approve the special event re- quest for the 5th Annual Delray Beach Street Craft Festival as recommended by staff. The motion was seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.E. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two regular members and two alternate members to the Board of Adjust- ment for two year terms ending August 31, 2001. The appoint- ments will be made by Mayor Alperin (regular member), Commission- er Schmidt (regular member), Commissioner Archer (alternate mem- ber), and Commissioner Wright (alternate member). Mayor Alperin stated that he wished to reappoint Randee Schatz to the Board of Adjustment as a regular member for a two year term ending August 31, 2001. Mr. Wright so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Commissioner Schmidt moved to reappoint Jess Sowards to the Board of Adjustment as a regular member for a two year term ending August 31, 2001. The motion was 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. Wright - Yes. Said motion passed with a 5 to 0 vote. 8 08/17/99 Commissioner Archer moved to appoint Bernard Feder- green to the Board of Adjustment as an alternate member for a two year term ending August 31, 2001. The motion was seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Commissioner Wright moved to reappoint Cheryl Lee Bennett as an alternate member on the Board of Adjustment for a two year term ending August 31, 2001. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as fol- lows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.F. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint four regular members to the Board of Construction Ap- peals for two year terms ending August 31, 2001. The appoint- ments will be made by Commissioner Randolph (architect posi- tion), Mayor Alperin (general contractor position}, Commissioner Schmidt (master plumber position}, and Commissioner Archer (sign contractor position). Commissioner Randolph moved to reappoint Robert Currie to the Board of Construction Appeals (architect position) for a two year term ending August 31, 2001. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as fol- lows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. Mayor Alperin stated that he wished to appoint James Muzic to the Board of Construction Appeals (general contractor position) for a two year term ending August 31, 2001. Mr. Randolph so moved, seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Commissioner Schmidt moved to reappoint Russell Warren to the Board of Construction Appeals (master plumber postion) for a two year term ending August 31, 2001. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer Yes. Said motion passed with a 5 to 0 vote. Commissioner Archer moved to appoint Claudio Camiluci to the Board of Construction Appeals (sign contractor position) for a two year term ending August 31, 2001. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - -9- 08/17/99 Yes; Mrs. Archer - Yes; Mr. Wright - 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: 10.A. ORDINANCE NO. 29-99 (POLICE & FIRE RETIREMENT PLAN): An ordinance amending Chapter 33, "Police and Fire Departments", Subheading "Pensions", of the City Code to enhance certain retirement benefits to participants of the Police and Firefight- er's Retirement Plan by increasing certain multipliers, by allowing changes in the beneficiary after the retirement date and eliminating offsets for disability retirees. Prior to consideration of passage of this ordinance (as revised) on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 29-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH BY AMEND- ING SECTION 33.60, "DEFINITIONS", TO PROVIDE CHANGES IN THE DEFINITION OF AVERAGE MONTHLY EARNINGS; AMENDING SECTION 33.61, "MEMBER- SHIP; CONDITIONS OF ELIGIBILITY; APPLICA- TION'', SUBSECTION 33.61(C), "CHANGE IN DESIGNATION OF BENEFICIARY", TO PROVIDE FOR CHANGES IN BENEFICIARIES; AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", TO PROVIDE FOR A CHANGE IN THE MULTIPLIER FOR NORMAL RETIREMENT BENEFITS, CHANGING THE PERCENTAGE FOR DISABILITY RETIREMENTS AND ELIMINATING OFFSETS; AMENDING SECTION 33.64, "CONTRIBUTIONS", TO PROVIDE FOR A DECREASE IN PARTICIPANT CONTRIBUTIONS; AMENDING SECTION 33.687, "EARLY RETIREMENT INCEN- TIVE'', TO PROVIDE FOR A CHANGE IN THE MULTI- PLIER; AMENDING SECTION 33.689, "RETIREMENT BENEFIT ENHANCEMENT" TO CLARIFY THE BENE- FITS THEREUNDER; PROVIDING A GENERAL REPEAL- ER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 29-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. She noted the revision that had been made to Section 6 of the -10- 08/17/99 ordinance relative to Section 33.689, "Retirement Benefit En- hancement'' Due to a conflict, the second to last sentence has been clarified to read that the benefits payable under the System to all eligible retirees or their beneficiaries shall be adjusted annually on the anniversary of the retiree's first benefit payment, not the retiree's date of hire. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. There being no one from the audience who wished to speak on this item, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 29-99, as revised, on Second and FINAL Reading. The motion was seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mayor Alperin Yes; Mr. Schmidt Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.A.1. ADDENDUM TO AGREEMENT (POLICE & FIRE PENSIONS): Consider approval of an Addendum to Agreement by and among the City, the Board of Trustees of the City of Delray Beach Police Officers and Firefighters Retirement System, Professional Fire- fighters and Paramedics of Delray Beach, Local 1842, IAFF, and the Police Benevolent Association (PBA) which makes the same clarifications to the early retirement incentive (window) provi- sions and the retirement benefit enhancement as set forth in Ordinance No. 29-99. The City Attorney stated that the Addendum to Agree- ment has been approved by the Police and Fire Board of Trustees and both of the Unions (Professional Firefighters and Paramedics of Delray Beach, Local 1842, IAFF, and the Police Benevolent Association (PBA). It clarifies certain issues regarding the early retirement incentive for plan members with 18 and up to, but not including 20 years of credited service, in that the incentive would be the addition of two years of credited service in the calculation of the pension. The additional credited service shall be for pension purposes only and shall not affect the payment for accrued vacation or sick leave upon termination of employment or any other benefits provided by the City. Eligible members would be given the opportunity to decide within a limited time period (30 to 90 days) whether they wish to retire. The early retirement incentive could be offered on a year-to-year basis as determined by the City and may not be offered every year. The City will provide at least 60 days advance notice of each "window" option period. An employee who elects to exercise the "window" option cannot also participate in the DROP. Further, with respect to Retirement Benefit En- hancement, paragraph 3 of the Agreement is changed to comport with the changes reflected in Ordinance No. 29-99. -11- 08/17/99 Mr. Schmidt moved to approve the Addendum to Agreement (Police & Fire Pensions), seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alpe- rin - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 30-99 (GENERAL EMPLOYEES RETIREMENT PLAN): An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan", of the City Code to enhance certain retirement benefits to certain participants of the General Employees Retirement Plan by changing the normal retirement date, providing for no employee contributions, provid- ing interest on contributions withdrawn by participants prior to their normal retirement date and by providing for a Deferred Retirement Option Plan. 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 City Manager presented Ordinance No. 30-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENE- FITS'', SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 35.089, "DEFINI- TIONS'' TO PROVIDE CHANGES IN THE DEFINI- TIONS OF "NORMAL RETIREMENT DATE", "RETIRE- MENT'' AND "TERMINATED PARTICIPANT"; AMENDING SECTION 35.095, "CONTRIBUTIONS OF PARTICI- PANT AND CITY", SUBSECTION 35.095(A), "PAR- TICIPANT'S CONTRIBUTION ACCOUNT", TO PROVIDE FOR CHANGES TO CERTAIN PARTICIPANT CONTRIBU- TIONS, AND TO PROVIDE FOR VARIABLE INTEREST ON CONTRIBUTIONS WITHDRAWN BY CERTAIN PARTIC- IPANTS PRIOR TO NORMAL RETIREMENT; AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT" , SUBSECTION 35 . 097 (D) , "BENEFITS OTHER THAN ON RETIREMENT" , PART 35.097(D) (1) , "BENEFIT ON TERMINATION OF SERVICE AND ON DEATH AFTER TERMINATION OF SERVICE", PARAGRAPHS (A) & (E), TO PROVIDE FOR INTEREST ON CERTAIN PARTICIPANT CONTRIBU- TIONS WITHDRAWN PRIOR TO RETIREMENT; CREAT- ING A NEW SECTION 35.110, "DEFERRED RETIRE- MENT OPTION PLAN", PROVIDING A DROP PLAN FOR CERTAIN ELIGIBLE PARTICIPANTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 30-99 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 -12- 08/17/99 compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. There being no one from the audience who wished to speak on this item, the public hearing was closed. Mr. Wright moved to approve Ordinance No. 30-99 on Second and FINAL Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.B.1. RESOLUTION NO. 52-99: Consider approval of a resolution establishing a Deferred Retirement Option Plan for certain eligible employees and adopting the Declaration of Trust of ICMA Retirement Trust; and providing for a Coordinator. The City Manager presented Resolution No. 52-99: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A DEFERRED RETIREMENT OPTION PLAN FOR CER- TAIN ELIGIBLE EMPLOYEES AND ADOPTING THE DECLARATION OF TRUST OF ICMA RETIREMENT TRUST; PROVIDING FOR A COORDINATOR; PROVID- ING AN EFFECTIVE DATE. (The official copy of Resolution No. 52-99 is on file in the City Clerk's office.) The City Attorney explained that Resolution No. 52-99 permits the ICMA Trust to administer the Deferred Retirement Option Plan for General Employees. Mr. Schmidt moved to approve Resolution No. 52-99, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 28-99 (SECOND READING/SECOND PUBLIC HEAR- ING): An ordinance amending Section 4.6.9, "Off Street Parking Regulations", Subsection (C), "Number Of Parking Spaces Re- quired'', dealing with parking requirements for certain mixed use projects. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a second public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 28-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULA- TIONS'', SUBSECTION (C), "NUMBER OF PARKING SPACES REQUIRED", OF THE LAND DEVELOPMENT -13- 08/17/99 REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING THE PARKING REQUIREMENTS FOR CER- TAIN MIXED USE PROJECTS WITHIN THE CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 28-99 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. Mayor Alperin declared the public hearing open. Speaking from the audience was the following: Alice Finst, 707 Place Tavant, asked for an explana- tion of what the original plan was for parking, how this ordi- nance affects that plan, and to what advantage the change would be to the public? There being no one else who wished to speak on this item, the public hearing was closed. In response to Mrs. Finst, Diane Dominguez, Director of Planning and Zoning, stated that there currently exists in the code parking calculations for mixed use projects where it is recognized that some shared parking occurs in projects contain- ing both residential and commercial uses. However, the formula which exists now does not take into account different types of commercial uses such as restaurants which operate at night, offices during the day, and retail at different hours. The formula set forth in the proposed ordinance gets more specific as to the type of use, calculates the peak demand for each use and requires that parking at peak demand levels be provided. Mrs. Archer moved to approve Ordinance No. 28-99 on Second and FINAL Reading, seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 31-99 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 99-2): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 99-2, and authorize transmittal to the State Department of Community Affairs for review. Prior to consideration of passage of this ordinance on FIRST Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 31-99: -14- 08/17/99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 99-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 99-2" AND INCORPORATED HEREIN BY REFERENCE; PROVID- ING A SAVING CLAUSE; A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 31-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Principal Planner, stated that Comprehen- sive Plan Amendment 99-2 includes five Future Land Use Map (FLUM) amendments related to the Southridge/SW 4th Avenue Rede- velopment Plan as well as several text amendments and modifica- tions to exhibits (maps and tables). The FLUM amendments are from RDA-3 (Redevelopment Area #3) to Low Density for approxi- mately 13.95 acres, from RDA-3 to Commerce for approximately 7.91 acres, from RDA-3 to Industrial for approximately 26.71 acres, from RDA-3 to Transitional for approximately 0.05 acres, and from MD (Medium Density Residential) to Community Facilities - School for approximately 3.97 acres. The proposed land use designations are consistent with existing land uses. Mayor Alperin declared the public hearing open. There being no one from the audience who wished to speak on this item, the public hearing was closed. Mr. Schmidt moved to approve Ordinance No. 31-99 on FIRST Reading and authorize transmittal of Comprehensive Plan Amendment 99-2 to the State Department of Community Affairs for review. 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. Wright - Yes; Mr. Randolph - 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. 11.A. City Manager's response to prior public comments and inquiries. With respect to the concern expressed about the in- gress and egress from Delray Shores during the planned Lake Ida Road widening construction, the City Manager stated that the County will require that access be maintained to all residents during the construction process. If one egress is not available -15- 0s/17/99 at any time during construction, the contractor will be required to provide and maintain another route. The City Manager stated that staff will continue to monitor this, but it should not be a problem. In response to the inquiry about the status of various code enforcement actions on the property located at 1000 Lake Ida Road, the City Manager reported there are a couple of cases outstanding. Case 97-41523 dealing with parking on an unpaved surface and outside storage commenced in 1997 and was first heard by the Code Enforcement Board that year. A hearing is scheduled this month to assess a fine which has accrued to over $11,000 for non-compliance. Case 95-27228 dealing with work done without construction permits commenced in 1995 and was first heard by the Code Enforcement Board in January 1996. The case was originally postponed several times as the violator's attorney was working with staff to resolve the violations. However, subsequently in 1997, the case was reheard by the Code Enforcement Board and liens totaling $5,000 have been filed against the property for non-compliance. There is also an accrued, unassessed fine of $1,670 that will be presented to the Code Board for possible lien action. It is staff's intention to ask the Board this month to recommend that the City Attorney begin foreclosure proceedings on the property. In response to the prior request for a listing of properties where fines have been running for more than two years, the City Manager stated this is being researched and staff hopes to have the data available in another couple of weeks. In response to the concern expressed about the condi- tion of the Frances Bright Park, the City Manager stated that the irrigation system that feeds this area comes from Mount Olive Church. There have been several breaks over the past four or five months and it has been without irrigation now for almost a month. The Parks Maintenance Division will replant and hand water the area until the problem is resolved. The City Manager noted there were several people who spoke about a staff study that has been underway regarding possible realignment of manpower and equipment resources in the Fire Department. In view of the concern expressed by residents about this, the City Manager stated this alternative will not be pursued any further unless we can at some future point allay those concerns. 11.B. From the Public. ll.B.1. Jean Beer, 2145 S.W. 26th Terrace, stated she was very pleased to hear that the City is increasing its pay rate for Police officers as it is long overdue. She further stated she was a little surprised that Commissioner Schmidt was the only one to have any questions about the budget and could only assume -16- 08/17/99 that the other Commission members had their questions answered by individual conversations with staff. Also, she has not heard mentioned since the workshop when it was brought up the $46 million in infrastructure needs that are not being dealt with because supposedly there is not enough money. She has also read in the paper that the City is two years behind in getting money back from a federal grant on the Silver Terrace road project and that is the reason the City can't afford to do some road pav- ing. At the same time, there is no problem with signing a contract for a tennis tournament. Mrs. Beer stated she feels the City needs to get its priorities straight and start thinking in terms of basic services for the community first, and then what might be nice, second. She encouraged each of the City departments to look at their operations in an effort to find ways to do things more inexpensively and put the money that is saved into meeting the infrastructure needs of the City. The City Manager commented that our consultant (PEC) and staff will be bringing back a comprehensive report on the City's infrastructure needs, including bringing all of the streets up to standard, and how that can be scheduled and fi- nanced, etc., at the September 14th work session. He also reiterated that the funding for any improvements at the Tennis Center to accommodate the Citrix Tournament will primarily come from Palm Beach County and not the City. ll.B.2. Rosetta Rolle, 301 N.W. 3rd Avenue, expressed concern about the construction that is going on in her neighborhood. She asked if the City has inspectors who go around and check what is done with residents' lawns and driveways before a con- struction project is finished? She stated she had made several calls to the Engineering Division and asked them to come out and look at the way her driveway had been put back in. She previous- ly had a driveway apron, but after the road was paved the drive- way was put back in straight. Mrs. Rolle stated she wanted the driveway reinstalled as it was in the first place with the apron and did not feel that she should have to do it at her expense. 12. FIRST READINGS: 12.A. ORDINANCE NO. 32-99 (POLICE & FIRE DROP PLAN): This ordinance was removed from the agenda pursuant to Item 4., Agenda Approval. 12.B. ORDINANCE NO. 33-99: An ordinance rezoning property from GC and R-1-A to CF (Community Facilities) in conjunction with the expansion of the Tennis Center. This ordinance was removed from the agenda pursuant to Item 4., Agenda Approval. At this point, the Commission returned to Item 9.G. on the Regular Agenda. 9.G. SECURITY LIGHTING IN THE SEACREST/DEL-IDA AREA: -17- 08/17/99 The City Manager stated that in the Seacrest/Del-Ida Park Neighborhood Plan, in addition to the street lighting improvements, there is a proposal for the development of a program to provide additional exterior lighting on private property. Although the Plan calls for the City and CRA to split the cost of this program, the CRA has agreed to fund and adminis- ter the grant program on its own. However, there is a small part of the area that is not inside the CRA district bounda- ries. The CRA has asked if the City would fund the grants for front yard lights in the Seacrest/Del-Ida neighborhood located north of George Bush Boulevard, between Swinton Avenue and Seacrest Boulevard. It is estimated that the maximum cost to the City would be about $22,500 and the grants would be funded from the budget for the neighborhood project. The CRA would continue to administer the grant program for the entire neighbor- hood. Mrs. Archer moved to approve the proposal for the installation of extra lighting on private property in the Seacr- est/Del-Ida Neighborhood as outlined by the City Manager. The motion was seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manager. In response to the questions raised about traffic signal timing, the City Manager stated staff did check the timing for traffic crossing north/south at NW/SW 10th Avenue and Atlantic Avenue and there was only 15 seconds. This was dis- cussed with Palm Beach County's Traffic Division who acknowl- edged that it should be 25 seconds and informed us that the signal would be changed to 25 seconds. With regard to the new signal at West Atlantic Avenue and Whatley Road, the timing unit for left turns was set at 20 seconds. When we discussed this with Palm Beach County, the Department of Transportation had not released the traffic signal for Palm Beach County maintenance. However, Palm Beach County intends to establish a 15 second left turn interval as soon as the maintenance responsibility is transferred to them. 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Commissioner Schmidt commented that several months ago Chuck Ridley and Mad Dads came to us with their presentation on the Village Academy School. It was approved by the School -18- 08/17/99 Board, but it was his understanding from talking to Mr. Ridley that there is some reluctance with the administration of the School Board to move ahead on it. Mr. Schmidt extended an invitation to the rest of the Commission to come to the Noontime Kiwanis meeting on September 9, 1999, at Ellie's Deli as his guest because Superintendent Joan Kowal will be there and he felt it would be a perfect opportunity to let her know the City Commission is behind Mad Dads and the Village Academy. 13.C.2. Commissioner Archer had no comments or inquiries. 13.C.3. Commissioner Wriqht had no comments or inquiries. 13.C.4. Commissioner Randolph had no comments or inquiries. 13.C.5. Mayor Alperin had no comments or inquiries. There being no further business, Mayor Alperin de- clared the meeting adjourned at 7:30 p.m. ' 'City ~erk · ATTEST: The un ers~gned 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 Au~st 17, 1999, which minutes were formally approved and adopted by the City Commis- sion on -- - ztitf ~erk - / NOTE TO RE~ER: 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. -19- 08/17/99