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12-13-94 DECEMBER 13, 1994 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, December 13, 1994. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner Barbara Smith Mayor Thomas E. Lynch Absent - Commissioner David Randolph Also present were City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Greg Barrette, Unity of Delray Beach Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mr. Ellingsworth requested that Item 8.D. (HOLD HARMLESS AGREEMENT/SPLENDID BLENDEDS, INC.) be moved to the Regular Agenda as Item 9.A.A. Mr. Ellingsworth moved approval of the agenda, as amended, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 5. Approval of Minutes: Regular Meeting of November 15, 1994. Mayor Lynch noted a misspelled word on Page 10, Line 6 from the bottom. Mr. Ellingsworth moved to approve the Minutes of the Regular Meeting of November 15, 1994 as amended, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - Yes; Mrs. Smith. Said motion passed with a 4 to 0 vote. 6. Proclamations: None 7. Presentations: None 8. Consent Agenda: City Manager recommends approval. 8.A. FINAL PLAT APPROVAL/ESTATES MANGO DE PARIS: Approve the final plat for Estates Mango de Paris, a proposed 15 lot single- family subdivision on 9.5 acres. The subject property is located on the west side of N.W. 4th Avenue, between N.W. 12th Street and N.W. 13th Street. 8.B. RESERVATION AGREEMENT/PALM TRAIL PLAZA: Approve a reservation agreement with Palm Trail Plaza, Inc., 800 Palm Trail, providing for the reservation of the southernmost 15 feet of Lot 10, Block 5, Sophia Frey Subdivision, for future conveyance to the City for road widening of the George Bush Boulevard right-of-way. 8.C. HOLD HARMLESS A/qD MAINTENANCE AGREEMENT/PALM TRAIL PLAZA: Approve an agreement with Palm Trail Plaza, Inc., 800 Palm Trail, to provide for the maintenance of the parking area along the Palm Trail right-of-way and further providing a hold harmless agreement to the City. 8.D. THIS ITEM WAS MOVED TO THE REGULAR AGENDA. 8.E. AGREEMENT WITH COMMUNITY REDEVELOPMENT AGENCY/WEST ATLANTIC AVENUE REDEVELOPMENT PLAN: Approve an agreement between the City and the Community Redevelopment Agency for the preparation of a Redevelopment Plan for West Atlantic Avenue (Redevelopment Area #1). 8.F. UTILITY EASEMENT FROM COMMUNITY REDEVELOPMENT AGENCY FOR HISTORIC HOMES: Accept an easement deed from the Community Redevelopment Agency granting an 8 foot utility easement along the south boundary of Lot 6, Block 60, to provide a water main extension to the two historic homes on Swinton Avenue. 8.G. UTILITY EASEMENT FROM COUNTRY MANORS ASSOCIATION: Accept an easement deed from Country Manors Association granting a 12 foot utility easement in Country Manors, Section 3, to allow for the installation of water main improvements east of Military Trail. 8.H. THIS ITEM WAS REMOVED FROM THE AGENDA. 8.I. RESOLUTION NOS. 95-94 THROUGH 98-94/ACQUISITION OF PROPERTIES UNDER HOPE 3 HOUSING PROGRAM: Approve Resolution No. 95-94 authorizing the acquisition of property at 511 SE Angler Drive, Resolution No. 96-94 authorizing the acquisition of property at 264 N.E. 14th Street, Resolution No. 97-94 authorizing the acquisition of property at 5072 N.W. 5th Street, and Resolution No. 98-94 authorizing the acquisition of property at 239 N.E. 1st Avenue for use under the Hope 3 Housing Program. The captions of Resolution Nos. 95-94 through 98-94 are as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE SALES CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA, IN PARTNERSHIP WITH THE PALM BEACH COUNTY HOUSING PARTNERSHIP, INC. -2- 12/13/94 (Copy of Resolution Nos. 95-94 through 98-94 are on file in the official Resolution Book) 8.J. RESOLUTION NO. 99-94/AMENDED HOUSING INCENTIVE PLAN: Approve Resolution No. 99-94 which amends the Housing Incentive Plan pursuant to direction from the State Housing Finance Agency. Copy of Resolution No. 99-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE AFFORDABLE HOUSING INCENTIVE PLAN PURSUANT TO THE PROVISIONS OF THE STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) PROGRAM, FLORIDA STATE STATUTES CHAPTER 420.9076; PROVIDING FOR SPECIFIC INITIATIVES TO ENCOURAGE OR FACILITATE AFFORDABLE HOUSING AND A SCHEDULE FOR IMPLEMENTATION; AUTHORIZING THE SUBMISSION OF THE AMENDED PLAN TO THE STATE HOUSING FINANCE AGENCY; PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 99-94 is on file in the offi- cial Resolution Book) 9.K. AWARD OF BIDS AND CONTRACTS: 1. Contract Award - one year renewable contract to Vulcan Peroxidation Systems, Inc. for chemicals to remove odor causing hydrogen sulfide from the City's wastewater transmission system, in the amount of $116,997.20 with funding from Lift Station Maintenance - Chemicals (Account No. 441-5144-536-52.21). 2. Lease agreement - three-year lease of a Canon NP-8530 copier for the Planning & Zoning and Community Improvement Departments. The monthly lease which includes a service contract is $589.65, with funding from Planning and Zoning Rentals and Leases - Equipment (Account No. 001-2511-515- 44.30) . 3. Lease/purchase of photocopier (Kodak Model 2085) for City Clerk's Office - from Eastman Kodak Company, via GSA Contract, with lease financing through Barnett Bank at a monthly cost of $861.11 for 48 months, plus $337.00 per month maintenance. Funding is available from Debt Service - Lease/Purchase (Account No. 001-7111-519-71.50). 4. Contract Award to Hardrives of Delray, Inc. for the North Tank/City Attorney Office Site Modifications; reconstructing an asphalt parking lot, stormwater retention basin, landscaping, and irrigation improvements, with funding in the amount of 3 12/13/94 $161,420 from Capital Outlay - Improvements City Attorney Block (Account No. 441-5161- 536-63.91). 5. Bid Award - to Telcon, Inc. for the 24" Raw Water Main - Phase III and associated road restoration from Military Trail to Homewood Boulevard, with funding in the amount of $977,443 from 1993 B Water and Sewer Revenue Bond Construction - Wells Morikami Park 6 (Account No. 440-5179-536- 63.61). 6. Grant Awards - Four Housing Rehabilitation Grant Awards, through the State Housing Initiatives Partnership Program (SHIP) and the Home Investment Partnerships Program (HOME), to be awarded as follows: $17,619 for rehabilitation at 305 Roosevelt Avenue, $25,184 for 313 S.W. 15 Terrace, $18,884 for 216 S.W. 3 Avenue, and $13,613 for 709 SoW. 10 Street. Funding is available from SHIP (Account No. 118-1924-554- 49.90), and HOME (Account No. 118-1923-554-49.19). Mr. Ellingsworth moved to approve the Consent Agenda, as amended, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9. Regular Agenda: 9.A.A. HOLD HARMLESS AGREEMENT/SPLENDID BLENDEDS, INC.: Approve a hold harmless agreement with Splendid Blendeds, Inc., 432 East Atlantic Avenue, to permit the establishment of a sidewalk cafe in the public right-of-way adjacent to the restaurant. Mr. Ellingsworth stated that the placing of additional tables would make it more confusing for pedestrian movement. He brought attention to the fact that the traffic light is affixed to a large pole and is located within the public right-of-way, along with the traffic control box. Mayor Lynch reported that the property owner, Splendid Blendeds, Inc. and three other merchants have agreed to the additional tables and entered into a private agreement. It was explained by the City Attorney that any agreement between private parties is just that an agreement between private parties and the City does not enforce private agreements. Mr. Ellingsworth moved for denial of the Hold Harmless Agreement with Splendid Blendeds, Inc., on the basis that the placement of additional tables within the public right-of-way would be difficult for pedestrian movement. There was no second to the motion. 4 12/13/94 Diane Dominguez, Planning Director, pointed out that the area in question is unusual and agreed with Mr. Ellingsworth's comment regarding the structures located there. She noted that the sidewalk is wide enough to accommodate additional tables. She noted that several potted plants were located within the cleared area which add to the restriction as well; and, perhaps the owner of the cafe could remove or replace them with less restricted plantings. Mayor Lynch commented that several years ago the Chamber of Commerce took a stand that they would like to see more pedestrian activity on East Atlantic Avenue. He felt the outside cafes were beneficial in this respect and the Commission should reach some sort of compromise rather than deny the request. Discussion ensued. The consensus of the Commission was that staff should study the issue further and return with a recommendation before formal action is taken. Mrs. Smith moved to postpone the Hold Harmless Agreement with Splendid Blendeds, Inc., until such time that staff has studied the matter further and return with a recommendation, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 9.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider accepting the actions and decisions made by the Site Plan Review and Appearance Board and the Historic Preservation Board during the period December 5, 1994 through December 9, 1994. Dr. Alperin moved to receive and file the report, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mayor Lynch Yes. Said motion passed with a 4 to 0 vote. 9.B. CONDITIONAL USE APPROVAL/PARKING LOT IN THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT: Consider conditional use approval for the establishment of a parking lot on vacant property located across from the Community Center on the east side of N.W. 1st Avenue. Dr. Alperin moved for approval of the Conditional Use Approval for the Parking Lot in the Old School Square Historic Arts District, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. 9.C. SPECIAL EVENT APPROVAL/BOOKFEST OF THE PALM BEACHES: Consider endorsement of BookFest, approval of a temporary use permit for the use of tents and closure of N.E. 1st Avenue, approval of staff support and waiver of one-half of associated -5- 12/13/94 overtime costs, and waiver of LDR Section 4.6.7(J) (ii) to allow banners and signs to be put up more than one week prior to the event. BookFest is to be held in Delray Beach on February 17-19, 1995. Bob Barcinski, Assistant City Manager, stated that the BookFest will be a very large event. BookFest will be using the grounds at Old School Square; a part of the street will be closed off; activities will be held at the theatre and the gym; a lecture series will be held in the Commission Chambers; and, events held at various business locations along Atlantic Avenue. Mayor Lynch stated the request for the 50/50 split for overtime costs was the same as the Delray Affair and other events. Ms. Sally Bailey, BookFest Sales Committee Chair, was present and expressed appreciation to the Commission for its consideration in this matter. Dr. Alperin moved for approval as recommended by staff, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.D. REQUEST FOR CONTRIBUTION/BOOKFEST OF THE PALM BEACHES: Consider BookFest request for contribution in the amount of $2,500. Mr. Ellingsworth was hesitant to approve another contribution as the Commission has been trying to wean itself from such requests. Mayor Lynch offered to write a letter to the Village of Palm Springs stating that it is a good commitment; however, the City of Delray Beach has offered to contribute to overtime costs; and has a share of In-Kind Services in the approximate amount of $2,5oo. Dr. Alperin moved to deny the request for a donation in the amount of $2,500.00 in support of the BookFest of the Palm Beaches and that Mayor Lynch will forward a letter informing the Village of Palm Springs of the City's commitment, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 9.E. SPECIAL EVENT APPROVAL/DELRAY AFFAIR: Consider approval of a special event request from the Chamber of Commerce for the Delray Affair which is scheduled for April 21, 22 and 23, 1995. Dr. Alperin moved for the approval of the Special Event Approval as recommended by staff for the Delray Affair, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as 6 12/13/94 follows: Mrs. Smith - Yes; Mr. Ellingsworth - Yes; Dr. Alperin - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.F. FORMATION OF A SOUTH PALM BEACH COUNTY SCHOOL BOARD ADVISORY GROUP: Consider a recommendation of the Education Board that a School Board Advisory Group be established consisting of representatives from Delray Beach, Boynton Beach, Boca Raton and the unincorporated areas west of these communities. Kathy Shabotynskyj, member of the Education Board, distributed maps to the Commission which outlined the districts and indicated there would be three members of the School Board representing the three cities. She pointed out that this is a conceptual plan and the Education Board would like to know if the City feels it is a good idea before the board does more research. The primary idea for the formation of the School Board Advisory Group is to act as a viable vehicle. The Advisory Group will review items that are relative to these three cities before being forwarded to the School Board. This will allow for more control and would assist the School Board to be more efficient. She asked if Mayor Lynch could contact the mayors of Boynton Beach and Boca Raton to see if they would be receptive to the idea. Mayor Lynch stated that he viewed the four geographic areas as having diverse needs and was unsure how to go about getting the group together. He pointed out that the City of Delray Beach has the most critical situation as the City's children are being bussed more than the other areas. Also, Delray has the oldest schools, therefore our needs will be greater in the future. He pointed out further that Boynton Beach has already received approval for two new schools. He also felt since the Education Board has been a very strong pro-active board for many years they should retain its strength. In conclusion, Mayor Lynch felt that the City of Delray Beach would be better off acting alone in this regard. It was emphasized by Dr. Alperin that the School Board has a huge district and it has become too difficult to handle at the present time. He commented that the southern portion of the County has approximately half of population of school aged children and felt that the southern portion of the County should consider separating and dealing with its own problems. After discussion, it was the consensus of the Commission to have the Education Board proceed to see if there was interest and the Mayor would do whatever was necessary to accomplish the formation of the South Palm Beach County School Board Advisory Group. 9.G. CHANGE ORDER NO. 1/HARDRIVES OF DELRAY, INC.: Consider Change Order No. 1 to the contract with Hardrives of Delray, Inc. for the removal of either 23 or 43 existing stabilized sod parking spaces and replacement with paved parking along the south side of the Tennis Center parking area on Atlantic Avenue, in the amount of $12,391.00 for 23 spaces, or $17,182.00 for 43 spaces; -7- 12/13/94 with funding from Tennis Center - Permanent Parking (Account No. 334-4145-572-63.10). Mayor Lynch explained that Change Order No. 1 is for additional work on the south side of the stadium. Parks and Recreation and Environmental Services recommended that all 43 parking spaces be completed now in order to minimize maintenance costs; and, the City Manager's recommendation for 23 parking spaces in order to retain the open space. This area would be available for parking during overflow times. It was suggested by Mayor Lynch that the four most easterly parking spaces be deleted. It was explained by the City Manager that the code has been changed since the facility was initially designed. In response to Mayor Lynch's suggestion, the City Manager suggested retaining the two most easterly spaces and delete the two most westerly spaces. Dr. Alperin moved for the approval of Change Order No. 1 to the contract with Hardrives of Delray Beach, Inc. for the removal of 21 existing stabilized sod parking spaces as recommended by the City Manager, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - Yes; Mrs. Smith - No. Said motion passed with a 3 to 1 vote. 9.~. CF~%NGE ORDER NO. 1/O'CONNOR AND TAYLOR: Consider add Change Order No. 1 in the amount of $16,095.00 with O'Connor and Taylor for additional pavement replacement at the Golf Course Clubhouse project site; with funding from Golf Course Clubhouse - Buildings (Account No. 445-4763-572-62.10), through budget transfer from Contingency (Account No. 445-4763-572-99.02). Mrs. Smith moved for approval of Change Order No. 1 with O'Conner and Taylor, Inc. in the amount of $16,095.00, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth Yes; Mayor Lynch - No; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 3 to 1 vote. Prior to roll call Mayor Lynch stated that he would not vote in support of the Change Order No. 1 on the basis of principle. 9.I. CONTRACT ADDITION/INTERCOUNTY ENGINEERING, INC.: Consider a contract addition (Change Order No. 1) to Intercounty Engineering, Inc., for water main and fire hydrant installation at three locations (NE 5th Street, NE 3rd Street and CRA complex on Block 60). Total amount of contract addition is $70,900.00, with funding as follows: $9,450.00 from Capital Outlay - Water Mains (Account No. 441-5161-536-63.50); $47,250.00 from Connec- tion Fees - Other Improvements (Account No. 441-5181-536- 63.90); $14,200.00 from Renewal and Replacement - Water Distribution 8 12/13/94 Improvements (Account No. 442-5178-536-61.78). Also included is a 45 day extension of the contract time. Dr. Alperin moved to approve the Contract Addition with Intercounty Engineering, Inc. in the total amount of $70,900.00, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 9.J. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a resident member to the Delray Beach Housing Authority to a four year term ending July 14, 1998. Mayor Lynch noted that at the Commission meeting of November 15, 1994, Mr. Randolph had passed his recommendation to the next member in the rotation. Mayor Lynch recommended the appointment of Robin Preston to the Delray Beach Housing Authority. Mr. Ellingsworth moved to appoint Robin Preston as a resident member to the Delray Beach Housing Authority to a four year term ending July 14, 1998, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.K. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint a member to the Downtown Development Authority to fill an unexpired term ending July 1, 1995. Mr. Ellingsworth moved to appoint Marguerite (Meg) Eaton to the Downtown Development Authority to fill an unexpired term ending July 1, 1995, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.L. SETTLEMENT OFFER/ELAINE WHITE VS. THE CITY OF DELRAY BEACH: Consider settlement in the above referenced case. The City Attorney stated that the settlement offer relates to a case of Elaine White versus the City of Delray Beach. The Plaintiff is suing the City for an alleged failure to promote her in violation of Title VII of the Civil Rights Act. It was pointed out by the City Attorney that the City has acted properly in this particular case; however, there was a potential for a trial. She noted that litigation expenses could possibly amount to $90,000.00 and to avoid the uncertainty of the outcome, recommended the Commission approve the settlement offer. Mr. Ellingsworth moved to approve the Settlement Offer with Elaine White versus the City of Delray Beach in the amount of $17,950.00, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth 9 12/13/94 - Yes; Mayor Lynch - No; Mrs. Smith - Yes. Said motion passed with a 3 to 1 vote. At this point the Commission moved to the First Readings portion of the Agenda. 12. First Readlnqs: 12.A. ORDINANCE NO. 100-94: An ordinance amending LDR Section 1.3, "Non-Conforming Uses, Lots and Structures", to provide for a grace period for post-disaster reconstruction of residential and hotel/motel structures to existing heights and densities. If passed, public hearing on January 3, 1995. The City Manager presented Ordinance No. 100-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 1.3, "NONCONFORMING USES, LOTS, AND STRUCTURES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 1.304(B) AND SECTION 1.3.5(C), TO PROVIDE FOR AN EXCEPTION AS SET FORTH IN SECTION 1.3.8; ENACTING A NEW SECTION 1.3.8 TO PROVIDE FOR THE RECONSTRUCTION OF NONCONFORMING RESIDENTIAL STRUCTURES DESTROYED BY CATASTROPHE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch expressed concern that the word "catastrophe" is not clearly defined. Also, he questioned the second paragraph of Section 1.3.8 which states that in cases of post-disaster reconstruction of nonconforming residential structures does not apply to structures which are damaged or destroyed by deliberate action such as arson. He asked if a tenant caused the arson, would it still damage the property rights of the owner? The City Attorney responded that it would apply in this particular scenario and that the property owner would not be able to reconstruct. She explained that "catastrophe" does exclude intentional acts. It was suggested by Mayor Lynch that the language of the ordinance be modified to clearly define "catastrophe" and to reflect that the damage is beyond the property owner's control, such as an Act of God. Another concern expressed by Mayor Lynch is that buildings (i.e. Seagate Club) which are located in critical areas of the City should have a definite time limit for reconstruction when applying for building permits. He felt there should be a text amendment to the LDRs so that damaged structures have to be reconstructed within a three year period (assuming that the -10- 12/13/94 building permit application was submitted within the one year period required by code). Mayor Lynch asked the Planning Director to direct the Planning and Zoning Board to review the issue of building permit applications. Although this was not a public hearing item, the following individuals were allowed to address the Commission: Sandy Almy stated that it was her understanding that in case of post-disaster the Seagate Hotel could not rebuild because it is located east of A-1-A and is not residential; however, the club house would be allowed to rebuild. In response, Mayor Lynch noted that Ms. Almy was correct. The hotels and condominiums such as the Seagate Club, Banyon House, Barr Terrace, etc. would not be able to rebuild. He commented that should there be a major disaster, the tax base would be severely affected. Diane Dominguez, Planning Director, stated that the Planning and Zoning Board's Nonconforming Uses Committee was reluctant to include nonconforming structures in non-residential areas because there are many nonconforming structures that are undesirable. Mayor Lynch asked if the Seagate Club was destroyed, could they rebuild or ask for a repeal? The City Manager stated that there was a possibility that if this should happen, they could ask to rezone the property. It was pointed out by Mayor Lynch that in the insurance industry, if a building is not reconstructed, then the insurance company will not pay for the replacement cost. He stated that he had a problem in this regard. Ms. Dominguez pointed out that the Planning staff will be looking into the possibility of allowing hotels and motels to be a conditional use in the RM zoning district. This was an item which was directed by the Nonconforming Uses Committee and is supported by the Planning and Zoning Board. Jean Beer, Planning and Zoning Board, concurred with concerns expressed previously by Ms. Almy regarding the fact that in the event of a post-disaster the hotels and motels located east of A-1-A could not be allowed to rebuild. The City Attorney recommended that the ordinance be denied which will then allow the City Attorney's Office and the Planning and Zoning Board to address these issues administratively and return to the Commission with a clean ordinance. -11- 12/13/94 Mr. Ellingsworth moved to deny Ordinance No. 100-94 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin. Said motion to deny passed with a 4 to 0 vote. At this point, the time being 7:05 P.M., the Commission moved to the duly advertised Public Hearing portion of the Agenda. 10. Public Hearings: 10.A. ORDINANCE NO. 91-94: An ordinance repealing Chapter 112, "Alarm Systems", of the City Code in its entirety, and enacting a new Chapter 112, "Alarm Systems", to provide for the regulation of alarm systems. 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. 91-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XI, "BUSINESS REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING CHAPTER 112, "ALARM SYSTEMS", IN ITS ENTIRETY, AND ENACTING A NEW CHAPTER 112, "ALARM SYSTEMS", TO PROVIDE FOR THE REGULATION OF ALARM SYSTEMS WITHIN THE CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 91-94 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated that three versions of the proposed ordinance have been presented for consideration this evening. They are: (1) an ordinance with no registration fee, but still requiring that everyone sign up; (2) an ordinance with a reduced fee of $10.00; and (3) an ordinance that requires people to register after the first false alarm, with the registration fee left at $25.00 at that time. Mayor Lynch opened the public hearing. Speaking from the audience were the following: (1) Mr. Maury Burns, 2715 SW 6th Street, stated that he hoped the Commission would decide to adopt the version of the proposed ordinance with no registration fee. In addition, Mr. Burns objected to Section 112.21(B) (6) relative to emergency notification (i.e., the requirement to provide the names, -12- 12/13/94 addresses and telephone numbers of at least two persons or entities who can be contacted at any time for notification purposes, to arrive at the alarm site within 30 minutes after receiving a request to do so, and to grant access to or enter the premises and deactivate the alarm system). He felt that this would impose a burden on anyone who has an alarm system, whether hooked up to a service or not, by having to give your house key to another individual such as a neighbor and also having to give them your alarm number to deactivate as well as your personal code number. Also, by having multiple contacts, he felt that this could result in additional delays and paperwork for Police personnel who respond in the event that the first contact cannot be reached. Mr. Burns went on to to state that it is sometimes difficult to determine what set off an alarm and questioned who would have the responsibility to decide whether an alarm was "false" or not. He urged the Commission to consider these issues before adopting any ordinance. (2) Mr. Joe Camarodi, 764 Avocet Road, stated that he agreed with Mr. Burns in that he would not give his key or any of his pass codes to his neighbors or any other individuals. As an alternative to what is being proposed, he suggested an ordinance to control the type of alarm systems which would be allowed, such as the type that would shut itself off after a certain amount of time, or would contact the owner or the Police Department. He felt that this type of system would significantly reduce the number of false alarms responded to, and would also reduce the problems with alarms that continue to sound for long periods of time without cutting off. Mr. Camarodi stated that he was not opposed to the $25.00 registration fee, but he is opposed to providing private information on his alarm system to other individuals. The public hearing was closed. The City Manager noted that he had discussed with the Police Department whether or not alarm systems help to catch criminals and, in their view, they do not. However, they do act as a deterrent and the Police Department does feel they are an asset. The biggest problem they have is with substandard or low quality systems. The City Manager further stated that staff had done some study on the cost of a registration system, and Community Improvement feels the cost to them would be about $9.80, or say $10.00, for setting up and administering a registration system. Also, in researching the months of September, October and November for burglar alarms, staff found that we had 1,271 false alarms in that period. Of that number, 264 of them came from 50 individual properties. Twenty-six of them had four alarms; the others had more, with one property having fifteen alarms within the three month period. One property had five false alarms within one day. This information is provided to give a feel for the kind of problem we are dealing with. -13- 12/13/94 For clarification, Mr. Ellingsworth asked if the $10.00 would be the cost per registration? The City Manager stated that the Community Improvement Department would administer the registration system. The fee would cover the cost of the sticker, forms, staff time, mailings, and everything else connected with it. Discussion by the Commission followed. Dr. Alperin emphasized that the purpose of the proposed ordinance is not to punish anybody, but to stop the people who are abusing the system and costing everybody else in the City money by having Police and Fire personnel respond unnecessarily to false alarm calls. Idealistically, he would like to say we don't need any registration system; let's just fine those people who violate it constantly. But then we have the Fire and the Police Departments saying that we do need a registration system. Mayor Lynch asked Eric Hightower, Police Legal Advisor, and Mike Cato, Fire Marshal, for an explanation of the primary purpose of the ordinance; why do we need an ordinance at all? Mike Cato, Fire Marshal, responded that the City currently has an ordinance in place. However, it has done nothing to reduce the problem of false alarms and, in fact, the number of false alarms has continued to increase over the years. The purpose or registration is to identify specific information to assist Police and/or Fire personnel who respond to an alarm and no one is at the premises. If a response is made and no one is at the premises, depending on the nature of the alarm, it may be necessary to break into the property to determine if there is in fact an emergency. For example, if a medical alert call is received, staff doesn't know if there is a person inside who has passed out or perhaps may be in danger of dying. There is no visible sign outside, so it may be necessary to break into the premises to determine if there is or is not an emergency. On question from Mayor Lynch about medical alerts, Fire Marshal Cato explained that there are no provisions in the current code to require emergency notification information. Even though the Fire Department doesn't have medical alerts coming directly to it, the companies that dispatch the Fire Department in these cases sometimes are as far away as New Jersey and the Fire Department has no way of knowing what information they have, if any. In some cases, direction has been received as to where a key is located, but no direction has been provided for a contact to assist in gaining access to a premises. If the City has emergency notification, information on file, when the call comes in, dispatch can notify someone designated on the registration to help emergency personnel gain access. This is the purpose of the registration; to provide assistance for gaining access to the property when it is needed. Also, the ordinance addresses the issue of the automatic shut-off after 30 minutes, but for systems which are not in compliance and the alarm continues to sound all night long, the registration would provide a means for the City to ask someone to respond to silence the alarm. -14- 12/13/94 In response to further question from Mayor Lynch, Eric Hightower, Police Legal Advisor, stated that if an alarm is responded to and evidence of a crime is apparent (such as a broken window or a door broken open), it would be viewed as a possible crime scene and investigated as a possible burglary. If an officer responds to an alarm and, after doing a perimeter check, finds nothing but the alarm is ringing, then he would call dispatch who would then contact the emergency notification. But the first thing that would be done in any event would be a check of the premises because there is no way to know if an alarm is false or not until the area has been examined. Mrs. Smith stated that the City's primary concern seems to be with the false alarm situation; that is, when an alarm goes off, a Police officer or the Fire Department responds and there does not appear to be a crime or an emergency, so the system has probably malfunctioned. She would favor going with the option that requires registration after the first false alarm because that means the system is not working correctly. Mrs. Smith then asked how it is determined whether a call is for a medical emergency? Fire Marshal Cato responded that if it is a monitored alarm, the monitoring company will indicate to the Fire Department when it calls the type of signal they have received, whether it is medical or otherwise. Mrs. Smith stated she felt it could be very important to have emergency information available for medical alerts, but to require this type of information for every single alarm in the City could be burdensome. Fire Marshal Cato stated the Police and Fire Departments support the third option which is to require registration of alarm systems after the first false alarm, with one minor change. That option includes a renewal process and staff would recommend that we not do any renewal at all. The ordinance requires a system owner to notify the City of any changes to the information on file. Mayor Lynch asked about the length of time an alarm can ring before shutting off? Fire Marshal Cato referred to Section 112.04(B) which prohibits audible security/burglar alarm systems which do not automatically deactivate within 30 minutes. Mayor Lynch stated that most alarm companies recommend three to five minutes for automatic shut off, and asked if the 30 minutes could be reduced to something more reasonable, like ten or fifteen minutes. Mrs. Smith concurred, stating that the alarm companies she had talked with all told her fifteen minutes or less. With respect to the requirement to have at least two parties available to come to a premises within a certain period of time (Section 112.21(6) and Section 112.22), Mayor Lynch clarified that if there is an automatic shut off this would not -15- 12/13/94 be required. Fire Marshal Cato stated these provisions would only apply to systems not working properly or not having the automatic shut off. At this point, the City Attorney stated that the ordinance is on tonight's agenda for second reading. However, in view of the numerous changes which have been made over the course of discussion, Ms. Ruby recommended that Ordinance No. 91-94 before the Commission this evening be denied, and that a cleanly drafted ordinance with all of the changes incorporated be brought back for first reading in January. Further discussion followed on the intent of the ordinance being to penalize the habitual abuser and not the alarm system owner who has one or two false alarms. The City Manager pointed out that all a first false alarm case would require is registration of the system, the cost of which can be $25.00 or whatever the City Commission chooses it to be. Staff would be satisfied with $10.00. On question from Mayor Lynch, the City Manager stated that we can allow people to register voluntarily and we can register new systems as they are installed which is part of the building permit process. Mayor Lynch clarified that if he chose to pre-register his alarm system and then he had a false alarm, there would be no charge to register because it was already done. So there would be an incentive to pre-register. The City Attorney clarified that the intent is to not charge a fee for alarm system owners who choose to voluntarily register their systems, nor charge an extra fee for registration of systems as part of the permit process. The only fee that would be charged would be for those who have had their first false alarm and have never registered. It was the consensus of the Commission to support the ordinance as modified by this discussion (i.e., essentially Option #3 which requires registration after the first false alarm, but allows the opportunity to pre-register with no fee as well as registration through the permit process at no additional cost). Mrs. Smith moved to deny Ordinance No. 91-94, seconded and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth. Said motion to deny passed with a 4 to 0 vote. Mayor Lynch stated the alarm systems ordinance will be modified and brought back in January for reconsideration. 10.B. ORDINANCE NO. 95-94: An ordinance amending Chapter 33, "Police and Fire Departments", Subheading "Pensions", of the City Code by creating a new Section 33.70, "Direct Transfers of Eligible Rollover Contributions". Prior to consideration of -16- 12/13/94 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. 95-94: 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 ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY CREATING A NEW SECTION 33.70, "DIRECT TRANSFERS OF ELIGIBLE ROLLOVER CONTRIBUTIONS"; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 95-94 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Smith moved for the adoption of Ordinance 95-94 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 10.C. ORDINANCE NO. 96-94: An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan", of the City Code by amending Sec. 35.089 to clarify the defini- tion of "actuarial equivalence"; amending Sec. 35.097, "Retire- ment Income; Basis, Amount and Payment", to reflect the normal form of benefit as a single life annuity; creating a new subsec- tion 35.097(J), "Maximum Pension", a new subsection 35.097(K), "Commencement of Benefits", a new subsection 35.097(L), The City Manager presented Ordinance No. 96-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 35.89, "DEFINITIONS", TO CLARIFY THE DEFINITION OF "ACTUARIAL EQUIVALENCE"; AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT" TO REFLECT THE NORMAL FORM OF BENEFIT AS A SINGLE LIFE ANNUITY; CREATING A NEW SUBSECTION 35.097(K), "COMMENCEMENT OF BENEFITS"; CREATING A NEW SUBSECTION 35.098(L), "DISTRIBUTION OF BENEFITS; CREATING A NEW SUBSECTION 35.097(M), "DIRECT TRANSFER OF ELIGIBLE ROLLOVER CONTRIBUTIONS"; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. -17- 12/13/94 (Copy of Ordinance No. 96-94 is on file in the official Ordinance Book) Mrs. Smith moved for the adoption of Ordinance No. 96-94 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Dr. Alperin - Yes; Mrs. Smith Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 11. Comments and Inquiries on Non-Aqenda Items from the Public- Immediately followinq Public Hearinqs. 11.A. City Manaqer's response to prior public comments and inquiries. The City Manager responded to Mrs. Beer's earlier comment regarding the oil spill in the Tropic Isles Subdivision going from the stormwater system. He explained that the stormwater drainage pipes discharging to the canals connecting from Federal Highway to the Intracoastal Waterway were designed following design practices and regulations used at that time. The drainage lines were designed and installed prior to water quality regulations for stormwater discharge. The identification of needs for mitigation of polluted discharges from stormwater outfall such as these is part of the National Pollution Discharge Elimination System Program in which the City currently participates in conjunction with a Countywide Joint Building Permit Application. The assignment of responsibility to the violator is done by Federal Law. This Federal Legislation was enacted subsequent to the recent Alaska spill and is administered by the United States Coast Guard. Generally, the violator bear the expense of the cleanup, restoration and/or mitigation of any damages resulting from the event. Regarding the complaint by Mr. Blake, the City Manager stated that the complaint was unsustained. The Police investigation did not locate any independent witnesses to substantiate either account of what might have occurred. There is a conflict of accounts between Mr. Blake and the officer involved. The Police Department has had four contacts with Mr. Blake since 1989, all with different officers, and each time it was alleged that the Police acted inappropriately. Three of these have been unsustained for basically the same reason. He noted there is one active investigation which is underway regarding one of the complaints. In regard to the sidewalk east of the wall on the north end of A-l-A, staff is looking at a variety of options. Although there is no final solution, the problem is recognized and will be resolved. 11.B. Comments and Inquiries on Non-Aqenda Items from the Public - Immediately followin~ Public Hearinqs. 11.B.1. Jean Beer, Tropic Isle, expressed concern regarding the cleanup from the recent oil spill resulting from Mazda Automobile -18- 12/13/94 Dealership. She emphasized that the seawalls, particularly at low tide, were tremendously coated with oil. After contacting the City's Environmental Services Department, she was informed that staff was not sure if the Coast Guard would allow the City to clean these seawalls. Mrs. Beer distributed photographs to the Commission which reflected the damage from the oil spill and on behalf of the residents of Tropic Isle, requested that there be stricter regulations regarding drainage in this particular area. Mrs. Beer reiterated a prior concern that she had expressed at a previous Commission meeting, regarding the time limitation of storing moveable building materials and vehicles on vacant lots while waiting for construction to begin. She pointed out that the violators were moving these items after they had been cited by Code Enforcement, only to return and place the items back onto the property; thus repeating the entire situation. Mrs. Beer suggested that the LDRs should be reviewed and/or amended to reflect a time limitation at the time of the building permit process. Mayor Lynch suggested that Mrs. Beer put her request in writing and present it to the Planning and Zoning Board. He agreed that the LDRs should be amended and that building permits should have a time limitation to complete construction. In regard to Mrs. Beer's concern regarding the recent oil spill, the City Manager stated that if the residents are not satisfied with the oil spill clean up, they should contact the Delray Mazda Dealership. If they are not satisfied with a response from the dealership, then they should contact Lt. Brian Peter at 305) 536-5691. The City Manager stated that he would direct staff to inquire if the City has the authority to require special equipment to be installed (oil skimmer) at the dealership in order to eliminate any future spills. 11.B.2. Helen Coopersmith distributed a letter to the Commission requesting that the Commission give direction to the Planning and Zoning Board regarding annexation of property. She suggested that perhaps the City Commission and the Planning and Zoning Board should have a joint meeting to discuss the issue of annexation of properties west of Military Trail. 13. Comments and Inquiries on Non-Aqenda Items. 13.A.1. Mrs. Smith stated that she has received inquiries from several parents whose children attend the new school on Barwick Road. She explained that there is a long wait at the intersection at Barwick/Lake Ida Roads and the parents have request that a left turn arrow be installed at the traffic light at that intersection. The City Manager stated that the City will ask Palm Beach County to check into this matter. -19- 12/13/94 13.A.2. Mr. Ellingsworth stated that he agreed with Mrs. Beer's concern voiced earlier this evening and felt that the Planning and Zoning Board should review the issue of the time limit for building permits for new construction. 13. A.3 Mayor Lynch stated that he had received three telephone calls regarding shopping carts which were used by the homeless for collecting items such as aluminum cans, etc., and that these carts were being discarded on private property. Also, he received a complaint from a business owner who discovered that a dumpster was filled to capacity when he arrived at his place of business. Mayor Lynch felt this matter should be addressed. Mayor Lynch expressed concern regarding the amount of low to medium rental communities being constructed in the City and the potential for lowering of rents, thereby affecting the economic base. Also that the Commission should relate to the Planning and Zoning Board that more middle class housing is needed and that higher quality leasing communities are preferred. He asked that staff be directed to look into the situation so that the City's housing structure is balanced. In regard to a complaint expressed in a previous meeting by a parent who complained of the way an employee from Police Department spoke to his child, Mayor Lynch stated that the department was doing an internal investigation. He noted that sometimes people may think the situation is biased. He felt that perhaps more citizen input should be received. He reported that he had recently met with representatives from Office Depot, which is one of the largest employers in the City. They have expressed a desire to become more involved in City issues. Mayor Lynch suggested that a strategy meeting with staff be set up for sometime during the month of January, 1995. Also, that a bus tour of the City be included so that Office Depot can see how they can become more active in City issues. 13. B. The City Attorney did not have any comments or inquiries. 13. C. The City Manager did not have any comments or inquiries. Mayor Lynch declared the meeting adjourned at 7:35 P.M. ATTEST: -20- 12/13/94 The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of December 13, 1994 which minutes were formally approved and adopted by the City Commission on ~/fL~ ~3 ~ ~ / 9g~ NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of the City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions or deletions to the minutes as set forth above. -21- 12/13/94