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03-10-93 MARCH 10, 1995 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice-Mayor Jay Alperin in the COmmission Chambers at City Hall at 6:05 P.M., Wednesday, March 10, 1993. Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner Armand Mouw Commissioner David Randolph Absent - Mayor Thomas E. Lynch Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz 2, The opening prayer was delivered by Pastor Timothy Harden, Barwick Road Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4, Vice-Mayor Alperin noted that Item 9.C. (Revised Water Service Agreement) is to be deleted from the Regular Agenda, Resolution No. 21-93 (Authorizing the Acquisition of Certain Real Property by the Delray Beach CRA) has been added to Item No. 9.I. on the Regular Agenda and Item No. 9.L. (Purchase of Stadium Steps) has been added to the Regular Agenda. He recommended that Item 9. K. (Golf Course Clubhouse Agreement) be moved to the first item after the completion of the Public Hearing portion of the agenda, due to a number of requests from the public. The Commission concurred. Mr. Randolph moved for approval of the agenda, as amended, seconded by Mr. Ellingsworth. Upon roll call the Com- mission voted as follows: Mr. Mouw - Yes; Vice-Mayor Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. Mr. Mouw moved for approval of the Regular Meeting Minutes of February 23, 1993, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Vice-Mayor Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. 6. Proclamations. 6,A, Vice-Mayor Alperin read and presented a proclamation recognizing and commending Norman Radin for his commitment and dedication in identifying the theme for "Pineapple Grove", the renaming of N.E. 2nd Avenue to Pineapple Grove Way and organizing the Pineapple Grove Support Group to provide continued support for City revitalization. Mr. Radin came forward to accept the proclamation, expressing his thanks to all those people who were very instrumental in the forming and completion of this project. 7, Presentations. NONE. CONSENT AGENDA Right of Entry and Drainage Agreement/Acceptance of Utility E~$ement. The Commission is to consider approval of the right of entry and drainage agreement with the Tropic Harbor Association and Mr. Odas Tanner and accept a utility easement from the Tropic Harbor Condominium Association. Rgqug~t for Final Payment/SCE. Inc. The Commission is to consider approval of the request from SCE, Inc., for final payment in the amount of $50,000 for completion of the Odor Abatement Systems, Aeration Covers, Effluent Pump Station Expan- sion - Electrical Building projects, with funding from 1991 Revenue Bond ~ SCRWTD Board Odor Control - Buildings (Account No. 447-5165-536-60.31). Approval is recommended. Ratification of South Central Regional Wastewater Treatment an~ DisPOSal Board Action of February 9, 1993. The Commission is to consider approval of the SCRWTD Board action authorizing the refund of $48,792.26 from the 1990/91 Surplus Operating Funds to Boynton Beach in the amount of $22,966.22 and to Delray Beach in the amount of $25,825.47, which was set aside for construction of the Emergency Access Road. Approval is recommended. 8,D. Ratification of South Central Regional Wastewater Treatment and Disposal Board Action of February 8. 1993. The Commission is to consider approval of the SCRWTD Board action authorizing the refund of $199,620 from 1991/92 Surplus Operating Funds to the City of Boynton Beach in the amount of $99,810 and to the City of Delray Beach in the amount of $99,810, which was set aside to fund the Feasibility Study of Reuse by Brown and Caldwell. Ratification is recommended. 8,E, Ratification of South Central Regional Wast~wat~r Treatment and Disposal Board Action of February 9, 1992. The Commission is to consider approval of the SCRWTD Board action authorizing the expenditure in the amount of $199,620 for Phase I Reuse Water Engineering with Brown and Caldwell to be funded 50%/50% by the cities of Delray and Boynton Beach, with the City's share coming from Water and Sewer - Reuse Water System (Account No. 441-5142-536-63.95). Ratification is recommended. 8.F. Re~olution No, 19-93. Resolution No. 19-93, assessing the costs for abatement action necessary to remove nuisances on 2 3/10/93 17 properties located in the City, is before the Commission for consideration. The caption of Resolution No. 19-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCAT- ED WITHIN THE CITY OF DELRAY BEACH AND PRO- VIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATE- MENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (Copy of Resolution No. 19-93 is on file in the offi- cial Resolution Book) 8.G. Resolution No. 20-95. Resolution No. 20-93, authoriz- ing the transmittal of funds to the State Board of Administration for Investment, is before the Commission for consideration. The caption of Resolution No. 20-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE TRANSMITTAL OF FUNDS TO THE STATE BOARD OF ADMINISTRATION FOR INVESTMENT. (Copy of Resolution No. 20-93 is on file in the offi- cial Resolution Book) 8.H. Denial of Settlement Offer. The Commission is to consider an offer of settlement in the White/Graham vs. City of Delray Beach. Denial is recommended. Mr. Ellingsworth moved for approval of the Consent Agenda, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mr. Mouw - Yes; Vice-Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. REGULAR AGENNDA 9.A. ELECTION 1993. Canvass Returns and Declare Results of March 9, 1993, First Nonpartisan and Special Election. -3- 3/10/93 The City Clerk reported that she has presented the certified cumulative total for the regular and absentee ballots from the Supervisor of Elections Office of Palm Beach County, Florida, showing the results of the First Nonpartisan and Special Election held on Tuesday, March 9, 1993. The results were as follows: Commission Member - Seat No. l: TOTAL Randee Golder 1~795 Regular + 21 Absentee = 1,816 Barbara D. Smith 2,$2~ Regular + 44 Absentee = 2,370 Mr. Randolph moved to approve the total votes for Commission Member - Seat No. l, including all the regular and absentee votes as indicated above, and it is hereby declared, based upon the above and foregoing results, that Barbara D. Smith is elected as Commission Member - Seat No. 1, for a two (2) year term commencing on the 25th day of March, 1993, and ending in accordance with the City Charter, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Vice-Mayor Alperin - Yes; Mr. Mouw - Yes; ~Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. Commission Member.-.Seat No. 3: Kenneth C. Ellingsworth - Unopposed Mr. Mouw moved that Kenneth C. Ellingsworth, being the sole candidate to qualify for the office of Commission Member - Seat No. 3, is hereby declared to be elected to the office of Commission Member - Seat No. 3, to be seated as of March 25, 1993, and serve for a two (2) year term ending in accordance with the City Charter, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Vice-Mayor Alperin - Yes; Mr. Mouw - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. Referendum Ouestion: USE OF DECADE OF EXCELLENCE FUNDS ON S.E./S.W. 10TH STREET Shall the City of Delray Beach be able to use street project monies from the Decade of Excellence General Obligation Bonds for reconstruction of S.E./S.W. 10th Street from Federal Highway to Congress Avenue, including sidewalk and drainage improvements, instead of being limited to the expenditure of such funds only on reconstruction of S.E./S.W. 10th Street from Federal Highway to Wallace Drive (Germantown Road)? SHALL THE ABOVE-DESCRIBED QUESTION BE ADOPTED? TOTAL YES (For Approval) 2,887 + 47 Absentee = 2,934 -4- 3/10/93 NO (Against Approval) 1,070 + 37 Absentee = 1,087 Mr. Ellingsworth moved to approve the total votes for the Referendum Question and, based upon the above and foregoing, it is hereby declared that Referendum Question entitled "Use of Decade of Excellence Funds on S.E./S.W. 10th Street" has been approved by a majority of the electors of the City of Delray Beach, Florida, voting at the election held on March 9, 1993, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Vice-Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.B. Review of Appealable Land Development Actions of Vari- ous Boards. The Commission is to consider accepting the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period February 22, 1993, through March 5, 1993. Approval is recommended. Mr. Randolph moved to receive .and file this report, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Vice-Mayor Alperin - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. Revised Waker Service Agreement. REMOVED. 9,D. Request for Waiver of Land D~velopment Regulation S~ction 5,3.1(E). The Commission is to consider approval of a request from Landscape Technology Inc. for waiver of LDR Section 5.3.1(E) which requires construction of street/road improvements on Royal Palm Drive, in conjunction with their development pro- posal to establish a landscape contracting business in a former single family dwelling on the north side of Royal Palm Drive. Site Plan Review and Appearance Board recommends approval. David Kovacs, Planning Director, gave a recap of the history of the property. He stated it is presently going through the site plan review process and one of the development require- ments is that all new development take its access off a paved street and then be connected to a paved street. In this particu- lar case, the frontage must be improved including an extra 100 feet to allow access to Germantown Road/Wallace Drive intersec- tion. The request is for relief from this required improvement. Contained in the LDRs is a statement that, if it should be im- practical to put the improvement in, there may be relief granted by buying the way out, the minimum amount being one-half the street and sidewalk along the street frontage. Mr. Kovacs explained one unique aspect to this situa- tion is that the City will be constructing 10th Avenue and alter- ing Wallace Drive and the exact location has not been determined -5- 3/10/93 at this time. It is possible that it may be necessary for the City to tear up what the developer has put down. He feels con- sideration is certainly appropriate at this time. Mr. Mouw moved to grant the waiver not to improve the street and, also, grant the waiver not to install the sidewalk in front of the property on Royal Palm Drive, but extract from the owner of the property the cost of doing the road from the center line north to his property line so that when and if there are other people on Royal Palm Drive that would require improvement, the City would have the funds to go ahead with it, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Vice-Mayor Alperin - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Mr. Randolph questioned the extent of the business because of the shellrock material on the road and the possible dust problem that may occur during the summer months. ..Roger Williams, representing Landscape Technology Inc., stated there is very little traffic in the immediate area. He requested that the Commission take into consideration the time period they feel would be fair to him. At this point the roll was called to the motion. 9.E. L~k~ Id~ ll~h S~re~t Parcgl. The Commission is to consider approval of a lease agreement with Palm Beach County which conveys the Lake Ida llth Street Parcel to the City for park purposes. City Manager recommends approval. The City Manager advised that there have been discus- sions in the past about the City taking over the operation of maintenance in this small neighborhood park, to which the Commis- sion had indicated a preference for having it deeded to the City, possibly with a reverter. The City was unable to acquire that type of arrangement, but it is felt that the proposed lease is satisfactory. The City Attorney stated there is one item, Section 3.02(c) that deals with Mechanics' Liens and requiring that the City obtain a public construction bond for alterations to the premises the cost of which exceeds 825,000. It is his under- standing that the County had agreed to delete that and he feels it is just an oversight in the final draft. Mr. Mouw moved to approve the lease agreement with the deletion of Section 3.02(c), seconded by Mr. Randolph. UDon roll call the Commission voted as follows: Vice-Mayor Alperin - Yes; Mr. Mouw - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. -6- 3/10/93 9.F. Offer to Purchase City-Owned Property. The Commission is to consider approval of an offer to purchase the north 5.5 feet of the Cason Cottage Lot. The City Manager stated an offer from another party had previously been received and, at that time, the City Commission agreed they would sell it for $2,161.50. An offer from a new prospective buyer has been received in the amount of $1,000 and it is felt the offer is too low. Michael Weiner, property owner, stated he would like to purchase the 5.5 foot parcel next to Cason Cottage. He recently purchased a home next to Cason Cottage and is awaiting a Certifi- cate of Approval before the Historic Preservation Board for a studio. In order to make this property a standard fifty (50') foot wide lot, it is necessary to add this 5.5 feet. Mr. Randolph moved that the offer be no less than $2,000 for the 5.5 feet of property of the Cason Cottage lot, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; 'Mr. Ellingsworth -'Yes; Mr. Randolph - Yes; Vice-Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. The City Attorney advised this item will be placed on the agenda for the meeting of March 23, 1993 or April 13, 1993. 9.G. Resolution No. 17-93/Appointments to Affordable Housing A~vi~ory Committee. Resolution No. 17-93, creating the Afford- able Housing Advisory Committee in conjunction with the State Housing Initiative Partnership (SHIP) Program and making the appropriate appointments to constitute the Committee, is before the Commission for consideration. City Manager recommends ap- proval. The City Manager presented Resolution No. 17-93: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPOINTING MEMBERS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE, PROVIDING FOR TERMS, PROVIDING FOR SCOPE OF RESPONSIBILITY, PROVIDING AN EFFEC- TIVE DATE. (Copy of Resolution No. 17-93 is on file in the offi- cial Resolution Book) The following persons were appointed by the City Com- mission as members of the Affordable Housing Advisory Committee: (1) Tokunbo Abiose, a citizen who is actively engaged in the residential building industry for a term of two years; -7- 3/10/93 (2) W~nda Gadson, a citizen who is actively engaged in the bank or mortgage industry for a term of one year; (3) (To be appointed at a later date), a citizen who is a representative of those areas of labor engaged in home building for a term of two years; (4) Sam McGhee, a citizen who is designed as an advocate for low-income persons for a term of two years; (5) Fred ~r~ffin, a citizen who is a provider of affordable housing for a term of two years; (6) Judith Colvard, a citizen who is a real estate professional for a term of one year; (7) Elizabeth Deb~, a citizen appointed at large for a term of two years; (8) Arthur Fleming, a citizen appointed at large for a term of one year; (9) Ann .G~nno~, a citizen appointed at large for a term of one year. Assistant City Attorney Tolces advised the Commission that there is a prohibition in the CRA Statute regarding dual office-holding. Mr. Mouw stated that it was his understanding that those persons appointed to this board would not violate the dual-board rule the City has in effect. Assistant City Attorney stated the State Statute would supersede any rule the City might have. Mr. Randolph moved for the adoption of Resolution No. 17-93, with the names submitted as indicated with the exception of No (3), which will be appointed at another date, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as fol- lows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Vice-Mayor Alperin - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. 9,H, Drug Task Force WQrking ~Qmmi~t~. The Commission is to consider authorizing the establishment of a Drug Task Force Working Committee to assist in the establishment of a specific plan with stated goals, resources and to coordinate and direct efforts with regard to the Task Force's report and recommenda- tions. The following people are recommended by those attending the February 26th meeting to be the Working Committee: Commissioner Jay Alperin Executive Director Alton Taylor Mr. S. Bruce McDonald Mrs. Mary Montgomery Father Thomas Shephard -8- 3/10/93 Charles Ridley Director Lula Butler Major Rick Lincoln Mr. Mouw moved approval of the names, as listed, to be appointed to the committee for the Drug Task Force, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as fol- lows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Vice-Mayor Alperin - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. 9,I, Resolution No. 21-93/Reques~ frQm ~ommuni~y Redevelop- ment Agency. Resolution No. 21-93, authorizing the acquisition of certain real property located in Block 85 by the Delray Beach Community Redevelopment Agency by gift, purchase or eminent domain, is before the Commission for consideration. City Manager recommends approval. The City Manager presented Resolution No. 21-93: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF. DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. (Copy of Resolution No. 21-93 is on file in the offi- cial Resolution Book) Robert Federspiel, attorney for the Delray Beach Commu- nity Redevelopment Agency, stated this has been a part of the Redevelopment Plan for some time. For approximately one year an offer by the CRA has been pending to acquire the Judge Williams property with Independent Life Insurance Company, who is either currently or close to being the owner under a foreclosure action. Unfortunately, when the mortgage was foreclosed, they did not join in the tenant, Ken and Hazel's, so they have been in litiga- tion for some time. As a result, the insurance company did not accept the offer of the CRA and indicated that the property would not be for sale until the lawsuit was completed, at which time they would entertain offers from all comers. Mr. Federspiel commented that last week he received a letter from the attorney for the insurance company indicating there had been a change and they were currently entertaining offers; they gave the CRA a deadline of 5:00 P.M. today, March 10, 1993, to submit an offer. However, any offer must include a requirement that the Ken and Hazel's lawsuit would be dismissed and it would be necessary for the CRA to produce releases in favor of the insurance company of all liability from Ken and Hazel's to the insurance company. They also inserted a condition that the property would be "as is"/"where is" He feels a fur- -9- 3/10/93 ther investigation needs to be done from an environmental posi- tion. He will not recommend to his board that they proceed on an "as is" basis; he also feels the CRA is in no position to settle the lawsuit for the insurance company. Since this property is one component of the remainder of the block, he feels it would be appropriate to seek permission or authority from the Commission to acquire any or all of the properties in the block by gift, purchase or the use of eminent domain. Mr. Mouw expressed concern regarding the older occu- pants in this area and he would prefer that these people be treated with special deference and possibly aid them, not only in the purchase of their property, but also in relocating, so this is not a killer type of action. Mr. Federspiel responded that all the property owners were notified and most were present at the meeting last night. Mr. Mouw moved for the adoption of Resolution No. 21-93, seconded by Mr. Ellingsworth. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Vice-Mayor Alperin - Yes; Mr. Mouw - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:05, the Commission moved to the duly advertised Public Hearing portion of the agen- da. PUBLIC HEARINGS 10,A. Ordinance No. 17-93. Ordinance No. 17-93, amending Chapter 33 of the Code of Ordinances relative to Police and Fire pension issues to provide for certain grammatical and verbiage changes, is before the Commission for consideration on Second and FINAL Reading. Approval is recommended. 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. 17-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINISTRATION", CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY" TO PROVIDE FOR CERTAIN GRAMMATICAL AND VERBIAGE CHANGES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. -10- 3/10/93 Mr. Ellingsworth moved for the adoption of Ordinance No. 17-93 on Second and FINAL Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Vice-Mayor Alperin - Yes; Mr. Mouw - Yes; Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes. Said motion passed with a 4 to 0 vote. 11, Comments and Inquiries on Non-Agenda Items from the Public. ll.A.1. The City Manager stated, in response to inquiries regarding the Gelco site on Congress Avenue, that Gelco has vacated the property and the violation is no longer applicable. The property south of the Gelco site also contains roofing truss- es that are being stored by a former lessee and the property owner is having difficulty disposing of those. The owner is exploring the possibility of utilizing the trusses in an artifi- cial reef program. ~l.A.2. The City Manager stated the old Marine Way site (Butler building on Lake Ida Road)at the 10th Avenue extension has a non-conforming use established; however, the owner applied for a proposed site plan to upgrade the landscaping and put in a paved parking a~ea. The City was unable to allow the parking area because that would have been an expansion of a non-conforming use. The owner has been encouraged to proceed with the landscap- ing improvements and it is hoped he will commence work on this in the near future. The landscape improvements are required to be in place by October of 1993 under the current code provisions. ll,A,3. The City Manager commented that Ms. Dobson raised a question about a call she made to the Police Department on Febru- ary 19, 1993, to which there was no response. The recording of calls do not indicate a call from her on that date. The last call the dispatch has recorded from her was on February 4, 1993, regarding persons selling drugs; an officer was dispatched to that call. /1,A.4~ The City Manager responded to an inquiry with regard to an alarm in the computer center. It does have a security alarm system that has both a local alarm, as well as being tied into network security. When the alarm was activated, it was assumed that someone was trying to get into the computer center. The Park Rangers have been provided with the security alarm number so they can shut off the alarm if it should happen again. ll.B./. Leroy Andrew~, 618 S.W. 6th Avenue, complimented the City Manager for his consideration in listening to him and other residents prior to this meeting. His concerns were: 1. A lack of sidewalks in the southwest section of town. From Atlantic Avenue to S.W. 10th Street on 6th Avenue (10 blocks), there is only 50 feet of sidewalk covering about three homes. -11- 3/10/93 2. From 1-95 to Swinton Avenue in the Rosemont Garden and Rosemont Park areas they are in desperate need of more City input to improve these neighborhoods. Mr. Andrews felt Code Enforcement was enforcing rules and regulations that are not in the best interests of the residents. He cited an instance of Code Enforcement charging a resident $75.00 for having a few beer cans in his yard and another where they took a picture of the wrong property for a violation and never apologized for the mistake. 3. Mr. Andrews stated he felt the Catherine Strong Center should be worked on to provide recreation for the children in that area; the conditions there are very bad. He stated he is very upset that the children have to walk to Miller Park and other places across Atlantic Avenue in order to avail themselves of a decent playground. ll.B.2, Arthur Jackel, 784 NoW. 25th Avenue, spoke with regard to the approximate two mile stretch on Lake Ida Road between Congress Avenue and Military Trail which runs along a nice resi- dential area. About six years ago a previous Commission passed an ordinance imposing a ~one percent utility tax on all citizens to beautify a number of streets, and much of the work has been done. However, this particular section on Lake Ida Road has been omitted. Mr. Jackel advised he spoke with the City Manager quite a few months ago and was told there was no money. At that time the City Manager indicated that it would take about three months to build up the treasury to do the work. It has been much more than three months now and the residents are growing impatient. Mr. Jackel asked the Commission to look into this and discuss it with the City Manager as soon as possible. ll,B.3° Tom Haenlon, Delray Beach, praised the new Delray Tennis Center and its architect, Digby Bridges. He read a poem which he had composed saluting Mr. Bridges. ll.B.4. Robert Burns, resident of West Delray, advised he has a problem with Code Enforcement in neighborhoods. He felt resi- dents are being forced to put in improvements that they simply cannot afford, such as driveways and sidewalks. There should be some formula which stipulates how much a person can afford. Mr. Mouw suggested that Mr. Burns give his story to the Neighborhood Task Team, which is meeting currently. He would get the information to Mr. Burns regarding the dates and times of the meetings. FIRST READINGS 12.A. Ordinance No. 24-93. Ordinance No. 24-93, rezoning property located at 630 S.E. 6th Avenue (former Tire Kingdom site) from GC (General Commercial) to AC (Automotive Commercial), is before the Commission for consideration on First Reading. If passed, Public Hearing will be held on March 23rd. -12- 3/10/93 The City Manager presented Ordinance No. 24-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN THE AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED ON THE WEST SIDE OF S.E. 6TH AVENUE, BETWEEN S.E. 6TH STREET AND S.E. 7TH STREET, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Kovacs stated that Jean Beer, a member of the Planning and Zoning Board asked if he would bring it to the attention of the Commission that it is her belief that this is inconsistent with the Comprehensive Plan. Craig Kelley, attorney for the landowner, stated they are currently in an executory contract with Meineke Muffler, who is scheduled to move in on March 31st. He requested considera- tion from the Commission on their behalf. Mr. Mouw moved for the adoption of Ordinance No. 24-93 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Vice-Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. At this point the Commission returned to the Regular Agenda. 9,K, Golf Course Clubhouse Agreement. The Commission is to consider a presentation by the City Attorney relative to the agreement for the Golf Course Clubhouse. The City Attorney distributed the latest draft of the Lease Purchase Agreement to the Commission, stating there are a couple of minor items that need to be addressed. The way this is structured is that the City would lease the real property to Gulf Building Corporation. The lease would not be for the entire golf course, but would consist of the area between the tenth tee and the ninth green extending outward to the end of the parking lot, a rectangular piece of property. The lease, as currently contem- plated, would be for a twenty-five (25) year time period; a lease purchase agreement would then be executed wherein the City would lease back the property with a completed clubhouse. The period of that lease would be twenty (20) years. The difference between the two lease terms is to take into account the situation in which the City decided not to renew the lease on the building, -13- 3/10/93 .giving the developer an opportunity to recoup his investment in that building by letting it out to some other entity. The impor- tant thing about the lease the City will enter into on the build- ing, is that it is an option to purchase, but it is a true lease, in the sense that each year it is subject to an appropriations clause. During the City budget sessions in July the Commission will be asked whether or not they wish to renew the lease on the building. If the Commission does not choose to renew the lease, the lease would terminate at the end of the fiscal year and the City would vacate the building. There is sufficient room on the entire golf course facility for the City to make other arrange- ments, should that become necessary. One item that needs to be clarified is whether or not Gulf Building Corporation will be able to assign this lease in the form of Certificates of Participation. The City Attorney and Steve Sanford, of Mudge Rose, feel the lease, in its present format, allows that to be done, once they have come back to the Commission and received permission to assign it in that matter. Another issue needing clarification is that of taxes. Since the building would be owned by a private party, there would be an intangible tax of two (2) mils that would need to be paid; in addition, there are ad valorem taxes (property taxes) on the improvements to the facility, which is approximately $3.1 million dollars, with a current tax rate of 22 mils. There is also a question of whether or not a sales tax would be applicable on the lease payment, but it is his opinion that there would be none. The City Attorney advised that, in order to enter into this agreement and assure that the payments would be on a tax- free basis as to the interest portion of those payments, the agreement with Mr. Dubin also needs to be revised. While the City Attorney does not foresee any problems, Mr. Dubin may be coming back for some modifications with respect to the entire compensation because of the expanded facility he would be re- quired to operate. The City Attorney stated there are two exhibits, one being the actual property description, which has not been imposed upon a plat or put into perspective with the remainder of the golf course, making it easy to read. Also, Exhibit A, that scribes what the City is getting with the facility, is still being finalized. He anticipates being able to provide the Com- mission with a final document on March 16, assuming there will be a meeting scheduled for that day. At this point, the time being 7:40 p.m., Vice-Mayor Alperin declared a short recess. The meeting resumed at 7:45 p.m. Vice-Mayor Alperin stated, for the record, the Commis- sion members have expressed a desire to hear the public and -14- 3/10/93 requested that each person confine their comments to three min- utes. Max Youlovsky, 2900 Fiore Way, stated he has a petition containing 232 signatures requesting the City Commission to delay signing a contract for the proposed clubhouse to be located on the municipal golf course at a cost in excess of $3 million dol- lars, to allow time for communication and input from those who will be the prime users of the facility, the golf course manager and homeowners whose property abut the golf course. Ray M~sters, Bernard Plotkin, Philip Katz, Janet Fattizzo, Dave Salerno, Thomas Curtin, Bill Beechman, and James $cheifley spoke in opposition to the proposed clubhouse. Lillian Feldman, Juniper Drive, stated she is upset to hear the remarks made by the golfers. There seemed to be little objection when projects such as Old School Square, the Tennis Center, refurbishing the golf course, the Police facility, etc. were proposed. The cost will be paid by all citizens of the City, not just the golfers. The old clubhouse is forty (40) years old and a she. feels a new.one is needed. Alice Finst, 707 Place Tavant, stated when the Compre- hensive Plan was done, there was some mention of refurbishing needed at the golf course; however, she does not recall that a priority need was a banquet center and she would like someone to address just how the Comprehensive Plan reads. She also would like to know if this proposed clubhouse has been before the Planning and Zoning Department, because that is the guide to be followed. She has a problem with the fact that the City had no competitive bidding and, therefore, cannot be sure it is getting the best value for the price. Also, in the future, how can the City be sure that the clubhouse will be paid for by the golfers or, should it not be self-supporting, that it will not fall back on the taxpayers. Arthur Jackgl, stated if the management of the City does a good job and pays attention to financing, he cannot be assured the public will be required to help pay for the proposed clubhouse. He feels it will be a credit to the City, improve the City's image and the community will be better for it. Rena Wells, West Palm Beach, Chairman of the Legal Committee for the National Black Police Association, stated the primary issue of concern regarding the golf course should be the quality of life vs. the economic stability. Upon question, the City Manager advised site plans and floor plans for the clubhouse are available in the Planning Department and the public is welcome to come to City Hall and look at them. -15- 3/10/93 Mr. Randolph expressed the feeling that the Commission should not get into a discussion on this issue tonight. Mr. Mouw stated he feels this is a unique project and one that will pay for itself as it goes. The current clubhouse is old, tired, inadequate and does not do the job. This is an opportunity to eliminate a lot of red tape in municipal building projects and get a good job done quickly. After reviewing the plans, he feels it is a fair, honest deal. Mr. Ellingsworth stated he feels that the Commission is in agreement that something must be done with the existing club- house. He also feels that all Delray residents want something they can be proud of. However, he feels that a $3 million dollar facility is beyond the means of the City and, by eliminating some of the frills, he feels the City can have a facility that will accomplish the same thing for $2 million dollars. Vice-Mayor Alperin commented that he feels this is a model project and a way for the City to make money, a project that will pay for itself. If government does not change and learn how to make more money, in order to provide services for its residents, it will be necessary to charge higher taxes. In his opinion, this project is one way of going in the opposite direction. This does not mean he is totally in favor of the project, but he feels a terrible mistake will be made if it is not approved. He stated that he misread the support of the Commission and instead of a 4 to 1 support, it actually was a very weak 3 to 2 vote. He and Mr. Randolph were in agreement earlier in that they would not support this project if there is a possibility that it would cost the taxpayers extra money. He feels the Commission did not receive the support from staff they had hoped for. He suggested it might be better to wait for the new Commissioner to be installed, as that person is going to have to answer to the public. The City Attorney stated that, in discussions with Gulf Building Corporation today, it was suggested that this be brought before the Commission on March 16, 1993, at an Executive Session; a Special Meeting would then be held to vote on the two (2) lease agreements, which, hopefully, would be fully complete at that time. Vice-Mayor Alperin recommended postponing the meeting, because if he were to vote on it at that time, he could not support it. He would prefer that it be scheduled for the first week in April, 1993. Joe Safford, Finance Director, questioned if the contrac- tor has been directed to go forward with the design prior to the contract being executed. The City Attorney responded that the contractor is at risk for his investment thus far into the project until the City signs an agreement. Mr. Safford commented that, in all fairness to the contractor, he feels there should -16- 3/10/93 have been a motion to go forward. The City Attorney stated that Mr. Collins has not expressed any misunderstanding about where he stands from a contractual standpoint; however, he would like to get a contract signed as quickly as possible. John Collins, Gulf Building Corporation, stated they have worked in reliance on the Commission vote of last week. After reviewing the third draft of the agreement, he is in sub- stantial agreement. He is aware there is a possible risk, but he basically did not feel that was the case. The consensus of the Commission was to move the item to the first available meeting in April, 1993. 9.J. Proposed Increase in Police and Fire Pension Benefits for Current Retirees. The Commission is to consider approval of a proposed 5% increase in the benefit levels for those Police and Fire Pension recipients and beneficiaries of retirees who retired prior to January 1, 1991. The City Attorney stated confirmation of the direction that was given with respect to the current Police and Fire retir- ees is being requested. The Pension Board had requested that these pensioners get a 2% increase in compensation for every year that they have been retired back to 1988. The general employees pensioners received a 5% increase in benefit level if they had retired prior to January 1, 1991. A proposed ordinance, giving the current retirees, who retired prior to January 1, 1991, and their beneficiaries a 5% increase in that benefit level is before the Commission for direction. Vice-Mayor Alperin requested the source of funding for the other employees and these benefits. The City Attorney ad- vised that this would be funded from the general revenues of the City. There is an increased cost associated with this proposal and the City is responsible for making the pension plan actuari- ally sound. There is not a surplus; this would result in an increased contribution on behalf of the members of the City. Vice-Mayor Alperin noted that the average age of the retiree, from the list provided, was 53 years old. It is his feeling that a large number of these people are now actually retired, but are doing something else. He expressed concern with respect to asking the taxpayers to pay more for these retirees. Upon question by Mr. Mouw as to how the date of January 1, 1991, was arrived at, the City Attorney stated that was what was granted to the general employees when the Commission adjusted the retirement pay in January of 1993. This funding source is also derived from the general revenues of the City. There were other proposals made by the general employees pension board, resulting in greater savings than the cost of the increase to the retirees. -17- 3/10/93 Mr. Mouw asked if the possibility exists that a minimum age limit, with the exception of the disabled, could be incorpo- rated into the ordinance, if approved. He also asked what per- cent of disability is involved. The City Attorney stated, in general, the recent disability retirements that he has seen in the seven years he has been with the City, are no where near permanently disabled. He further stated, it is possible to put qualifiers regarding age limit and percent of disability into the ordinance. However, that could result in a request for addition- al disability as time goes by and the Pension Board would make the ultimate decision. Upon question by Mr. Mouw as to whether or not disabled persons can draw workers' compensation in addi- tion to their City pension, the City Attorney responded that they can, up to 100% of their total salary. Discussion followed. Raymond Gerner, former employee of the Delray Beach Fire Department, stated he feels one item should be clarified; general employees pay 5% into retirement, while firemen and police pay over 7%. Also, with respect to the 20 and Out pro- gram, it is his understanding that the money that was contributed was to pay for the 20 and Out. (The City Attorney advised that it was a split). It is also his understanding that the Pension Plan receives money from the insurance policies that are written into the City. The City Attorney commented that the bottom line is that there is a cost impact and, for example, if the City's contributions were $1 million dollars last year and the ordinance was adopted, next year it could be $950,000; if the Commission had not passed the ordinance, that amount would be $910,000. This does not mean that it will increase from what it is now, but there remains a cost with this just as there was with the general employees pension plan. Upon question, the City Attorney advised that the City negotiates this issue because it is for those persons who are actually retired or are beneficiaries of retirees. The unions do not generally negotiate for their former members. Charles Kilqore, retired Delray Beach Police Chief, stated about one year ago he was approached by several members of the retirees, asking that he request a cost of living increase from the Pension Board. He requested that Mr. Gerner assist him, on behalf of the Firemen. It came before the Pension Board and the City Commission; the general employees also approached their board for a cost of living increase with a recommendation of 2% per year and a cap of six years. The Commission opted to go with the 5%. He feels there is a misunderstanding as to the funding source; some of it comes from the police officers and firemen, insurance policies, the State and the general fund. It is his feeling that, to keep up with the cost of living, an increase should be given serious consideration. The Commission concurred to give direction to establish a cutoff date prior to January 1, 1990, for the 5% increase for retirees and their beneficiaries. -18- 3/10/93 The Commission concurred to take no action with respect to the insurance premium tax until such time as the City Attorney is able to draft an ordinance and place it on the agenda at a later date. The City Attorney stated that it will probably be at least two months before all negotiations will be complete. 9,L. Purcha$$ of Stadium Steps. The Commission is to con- sider purchasing three steps and vomitoriums for the west side of the tennis stadium for $25,000 from T & B Company. The City Attorney stated the agreement entered into with T & B Equipment Company, who supplied the bleachers at the tennis tournament, gave the City an option to purchase three (3) sets of steps and vomitoriums at their cost ($21,646.48). This reduces the annual lease payments to them by $5,000 per year. Staff recommends that this option be used. They can be stored under the grandstand. Upon question by Mr. Mouw as to who is liable for repair or deterioration during that period of time, the City Attorney responded that it would be the City's responsibility. Mr. Mouw moved for approval of the purchase in the amount of $21,646.48, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Vice-Mayor Alperin - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. 15. Comments and Inquiries on Non-Agenda Items. 13.A.1. Mr. Ellingsworth asked for a report from the City Manager with regard to the status of several billboards on West Atlantic Avenue that were existing before the property came into the City. He believed the sign ordinance indicates they have a removal date and/or amortization period. l~,A,2, Mr. Randolph congratulated Mrs. Barbara Smith, the newly elected Commissioner. 13.A.3. Mr. Mouw expressed his displeasure at receiving the golf course clubhouse contract at 8:00 p.m. this evening, when the Commission should have been prepared to vote on it tonight; this meant having it in their hands Friday afternoon for a chance to review it. Mr. Mouw stated he had an opportunity to go through some of the projected numbers that staff had provided and thought many of them were absolutely ridiculous. For instance, projected water and sewer for the project was going to be $11,414 a year; currently they are spending $1,229. The projected electric bill is $60,000; under any reasonable management, they should be able -19- 3/10/93 to cut that in half. He also referred to the exorbitant projec- tion of $10,667 for telephone expenses. Mr. Mouw advised these figures were handed to the Commission and told this is what they have to base their decision on. He stated it would seem to him there is a concerted effort by staff, all the way through to the City Manager, to ax this project, making the numbers as bad as possible. He stated he has only critiqued the things he has some feel for, but if this is any indication he would frankly distrust every line item. He again expressed his disappointment. 13.A.4, Vice-Mayor Alperin stated he also felt very uncomfort- able with some of the numbers. In particular, he has asked many times what a professional caterer would do, and all he got back was what the present golf course management would give them. He felt those numbers will either make or break this project. Vice-Mayor Alperin advised that despite all the prob- lems, costs and tremendous overruns, he is very pleased and impressed with the Tennis Center. He has received many compli- ments from the citizens ~and believes everyone involved with the project should be commended. Regarding Elementary School"S", Vice-Mayor Alperin advised that the School Board had it on their agenda for next Wednesday night and now they are trying to remove it. He intends to be at the meeting next Wednesday and has asked to make sure they are on the agenda. He would like the members of the Educa- tion Board and any other interested parties to attend and let the School Board know that the City does not consider this an appro- priate decision. Vice-Mayor Alperin stated he does not know how they can allow one individual to influence them and staff, ignor- ing an entire agreement with a city. He would like to get as many people as possible to attend and make every effort to indi- cate the City's displeasure and disappointment. In conclusion, Vice-Mayor Alperin stated he, too, is upset with last-minute submittals. In the future they may have to refuse to vote on them in order to stop this practice. 13.B,1. The City Attorney stated the golf course contracts have been diligently worked on by staff. There are several exhibits and several blanks within those documents that must be filled in by the developer. It is not a simple process and he feels staff has done an excellent job as far as accomplishing their part of the contract. The City Attorney advised that, yesterday he transmit- ted to the Commission a request seeking direction about the City appealing the mini-PERC decision with respect to the Firefighters ULP. Procedurally what happened is that the contract language that was at issue was drafted in 1988 and it was a three (3) year contract. The City believed that it sufficiently protected the -20- 3/10/93 City and still does; it is felt that mini-PERC made a bad deci- sion. Last year when the contract was ratified with the Firefighters, the ULP had not been decided. The City elected to ratify and to proceed rather than pay attorney fees. The union does not believe the City can impose that kind of language into the contract. That is their position; the mini-PERC disagreed with the City. The appropriate forum to go to is the Fourth District Court of Appeals. f the City does not do that, they are in a situation where contracts must be imposed with no increase in salary until such time as they agree to the waiver language. The City must go forward with the appeal in order to avoid paying the Firefighter's attorney fees. The City Attorney stated he is planning to return to private practice, so he is submitting his two week notice to the City and is hoping a smooth transition can be made. He is look- ing for direction from the Commission as to how this can be accomplished. Mr. Mouw commented that the City Attorney has offered to act as "manager" if no replacement has been found at that time. He has also offered to be retained as outside counsel to pursue certain cases that he is now handling. He suggested that those cases be itemized for review by the Commission. The cpnsensus of the Commission was to retain the City Attorney to pursue those cases, subject to a list as approved by the City Manager. Discussion followed regarding replacement, whether it be in-house or an outside search and the hiring of an additional Assistant City Attorney. Mr. Mouw stated Assistant City Attorney Ruby called him today and indicated that she is interested in the position. He suggested that each of the Commissioners spend some time with Assistant City Attorney Ruby and that newly elected Commissioner Smith also get involved in this process. Mr. Randolph commented that he feels the Commission should decide on a certain criteria so the assessment will be fair to Assistant City Attorney Ruby. Vice-Mayor Alperin recommended that the same criteria that was used for the hiring of the City Manager be used as a guideline. Mr. Ellingsworth questioned if there is such a position as interim City Attorney to allow time to determine whether or not the services of staff, as they exist now, would be suffi- cient. He also suggested that it might be timely to look at the entire structure of the department to see if certain areas could be contracted out to save the City some money, thereby reducing staff accordingly. -21- 3/10/93 The City Attorney advised that he will act in a part- time interim capacity to the extent of time that the Commission desires and he will provide a list of current cases by April 12th. 13.C. The City Manager stated he has responses to some inqui- ries from the last meeting in writing, so he will copy and send them out in order to save time. The City Manager advised that staff will review the projections the current golf course manager had made. One of his concerns is about trying to fast track this and it is his feeling that once the first stage has been approved, perhaps there will not be so much involvement as with other construction projects. Staff has been working under a very heavy load in getting the tennis center done and working toward the second Decade of Excel- lence Bond Issue. He is concerned about over-extending the staff and not being able to give the Commission the quality of support needed if too many projects are assumed at one time. He further stated that he will take responsibility for not having the num- bers reviewed. 13.D, There were no County and Municipal Issues. Vice-Mayor Alperin declared the meeting adjourned at 10:00 P.M. ' C~y- ~erk' ATTEST: 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 March 10, 1993, which minutes were formally approved and adopted by the City Commission -22- 3110/93 NOTE TQ READER: If the minutes that you have received are not completed as indi- cated 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. -23- 3/10/93