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04-27-93 April 27, 1993 A Kegular 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 6:05 P.M., Tuesday, April 27, 1993. 1, Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Barbara Smith Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2, The opening prayer was delivered by Chaplain Richard Evans, Abbey Delray South. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Ellingsworth requested Item 9.I. be deferred to May 11, 1993, the City Attorney requested Item 9.G. be deleted and that Item 8.C. be moved from the Consent Agenda to the Regular Agenda as Item 9.A.A. Dr. Alperin moved for approval of the agenda, as amend- ed, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5., Dr. Alperin moved approval of the Regular Meeting Minutes of April 13, 1993 and the Special Meeting Minutes of April 20, 1993, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6,A, Mayor Lynch read and presented a proclamation proclaiming April 21, 1993 as "ARBOR DAY". Joe Dragon, Assistant Director of Parks and Recreation, came forward to accept the proclamation. 6,B, Mayor Lynch read and presented a proclamation proclaim- ing the month of May as "BETTER HEARING AND SPEECH MONTH" Harvey Steinberg, President of SHHH of Delray Beach, came forward to accept the proclamation. 6.C. Mrs. Smith read and presented a proclamation proclaim- ing the week of May 9 through 15, 1993 as "NATIONAL PRESERVATION WEEK". Rose Sloan came forward to accept the proclamation. 6.D, Mayor Lynch read and presented a proclamation proclaim- ing the week of May 16 through 22, 1993 as "PUBLIC WORKS WEEK". Richard Corwin, Deputy Director of Public Works, came forward to accept the proclamation. 7.. Presentations: 7.,A, Charlotte Durante read a letter from her son, Tony, who is currently serving in Japan as a Missionary through Trinity Lutheran Church of Delray and as a goodwill ambassador between the citizens of Delray Beach and the citizens of Japan. She also presented a gift to the City of Delray from Izumo, Japan, where her son was a house guest of the family of a former student from Japan who attended Lynn University in Boca Raton. 7.B, $~ndra Almay, representing the Allstate Foundation, read a letter from U.S. Senator Robert Graham, received by Lula Butler, the official City representative for the All America City competition, commending the City for their finalist position. She then read a portion of a proclamation issued by the Palm Beach County School Board with regard to retaining S.D. Spady Elementary School within the intercity community of Delray Beach and commended the City on their position in the competition for All American City. Ms. Almay further stated that Historic Executive Suites in Tampa has donated two rooms for the participants in the All American City competition, along with the donation of another room by the Law firm of Michael Weiner. Everyone is invited to a dress rehearsal that will take place in the gymnasium at Old School Square on May 13, 1993 at 7:00 P.M. 7.C. David Levy, representing Smith Barney, Harris Upham and Company, Inc., presented an overview of the proposed refunding that was discussed with the Commission at an earlier Workshop meeting, provided a synopsis of the Bonds that will be refunded, the projected savings, the timing and the action requested of the Commission. The City Attorney advised that the Commission might want to incorporate the requested Commission action into the vote, as outlined by Smith Barney, with regard to Item 8.A. The City Manager stated there is no conflict, but that more specific detail is requested in addition to that contained in the backup material. Upon question, Mr. Levy stated if the Commission should take the more specific action, they would 2 request that they be allowed some leeway to make adjustments, if necessary. They do not object to the action stated on the Con- sent Agenda. CONSENT AGENDA 8.A, REFUNDING OF BOND ISSUE$~ The Commission is to consid- er authorizing staff to proceed with the refunding of the 1984 portion of the 1988 Water and Sewer Revenue Bond Issue, the 1991 Water and Sewer Revenue Bond Issue and appointing the bond coun- sel, underwriter and financial advisor. Approval is recommended. 8.B. UNDERGROUND FACILITIES CONVERSION AGREEMENT; The Commission is to consider approval of an agreement with Florida Power and Light for engineering services to relocate an existing overhead utility line to an underground facility along the sea- wall at Veterans' Park. Approval is recommended. 8~C, MOVED TO THE REGULAR A~ENDA AS ITEM 9~A~A, 8~D, RATIFICATION OF CONSENSUS REGARDING HERITAGE ASSOCIA- TION CONDITIONAL USE APpLICATION: The Commission is to consider ratifying the Commission consensus decision to waive further application fees with respect to the Heritage Association condi- tional use application. Ratification is recommended. 8,E, A$$ISNMENT OF LEASE PURCHASE A~RE~M~NT WITH EASTMAN KODAK CREDIT CORPORATION: The Commission is to consider approval of the assignment of the agreement with Eastman Kodak Credit Corporation to General Electric Capital Corporation. Approval is recommended. 8.F. RESOLUTION NO. 35-93: Resolution No. 35-93, assessing the costs for abatement action necessary to remove nuisances from 31 properties located within the City, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 35-93 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 DELRA¥ 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 -3- BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (Copy of Resolution No. 35-93 is on file in the offi- cial Resolution Book) RESOLUTION NO. 36-93: Resolution No. 36-93, assessing the costs for abatement action necessary to remove nuisances from 18 properties located within the City, is before the Commission for consideration. Approval is recommended. 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. 36-93 is on file in the offi- cial Resolution Book) 8.H, HOPE 3 COOPERATIVE AGREEMENT WITH THE PALM BEAQH. ~OUNTY HOUSING PARTNERSHIP: The Commission is to consider approval of the Cooperative Agreement with Palm Beach County which provides that the City will reimburse the Housing Partnership for reason- able costs associated with the development of a new homeownership program in conjunction with Hope 3 Program. Approval is recom- mended. 8.I. AWARD OF BIDS AND CONTRACTS~ 1. Personal Computers (8) - Planning and Zoning - Dell Marketing Corporation (via State contract) in the amount of $15,792 with funding from Renewal and placement - Computer Equipment (Account No. 334-6112-519-64.11). 2. Cabling - Fire Department - Teledata Concepts, Inc. in the amount of $13,836.86 with funding from Bond Anticipation Note - Central Fire Station (Account No. 227-2311-522-51.56). Mr. Ellingsworth moved approval of the Consent Agenda, with the removal of Item 8.C to the Regular Agenda, including the --4-- full request by Smith Barney to Item 8.A0, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 9.A.A.(8.C.) RATIFICATION OF CONSENSUS REGARDING GOLF COURSE CLUBHOUSE LEASE AGREEMENTS: The Commission is to consider rati- fying the Commission consensus decision not to proceed with the golf course clubhouse project as proposed by Gulf Building Corpo- ration. Ratification is recommended. Upon question by Dr. Alperin, the City Attorney stated the purpose of this item was to have the Commission deal with the present Gulf proposal by a formal motion and vote. It was her understanding that the other items discussed were simply a direc- tion to staff and did not need a motion and vote. Mr. Ellingsworth moved approval, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - No; Mr. Ellingsworth - Yes. Said motion passed with a 3 to 2 vote. 9,A. 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 April 12 through April 23, 1993. Dr. Alperin moved to receive and file the report, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.B. UNIVERSITY DRIVE:. The Commission is to consider com- menting on the proposed County Plan Amendment which would delete University Drive from the Thoroughfare Right-of-way Identifica- tion Map. Planning and Zoning Board and City Manager recommend approval. Dr. Alperin moved to endorse the P&Z recommendation to the County, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Before roll call David Kovacs, Planning Director, stated he would like the Commission to realize that, with respect to No. 5 on his documentation in the backup material, if new roads will be put in place, one and one-half acres per unit --5-- / should not be allowed all the way around. In other words, the City should not operate from the premise of saying the City wants new roads and low density all at the same time. Mr. Randolph questioned whether the same Plan Amendment is being addressed with Boca Raton. Mr. Kovacs stated he is aware that Boca Raton was notified, but he does not know if any action has been taken. Mr. Randolph commented that should Boca Raton and Boynton Beach concur with the Plan Amendment, it could be detrimental to the City of Delray. Mayor Lynch suggested notifying both municipalities after Commission action tonight as to how the City of Delray stands and request their support on this issue. The Commission concurred. At this point the roll was called to the motion. 9,C. AGREEMENT WITH HIGHLAND BEACH; The Commission is to consider an interlocal service agreement between the City of Delray Beach and the Town of Highland Beach providing for compre- hensive fire and emergency medical services by the City of Delray Beach within the municipal boundaries of the Town of Highland Beach. City Manager recommends approval. The City Manager noted that an addition that was Worked out with Highland Beach, is located on Page 6, paragraph 16(B) of the Agreement, as follows: However, any personal services costs above the referenced Consumer Price Index (CPI) shall be directly passed through to the Town of Highland Beach for personnel as- signed to the Fire Station in Highland Beach. He also stated that another change is in paragraph 16(A) with a reversion back to the earlier language where the semicolon is located; the semicolon will become a period and the remainder of the section will be deleted. Dr. Alperin moved approval of the agreement, as amend- ed, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9,D. PAYROLL CODES FOR POLICE AND FIREFIGHTER PENSION PLAN PARTICIPANTS: The Commission is to consider a request from the Police and Fire Pension Board of Trustees to have pension contri- butions deducted from additional payroll code categories. The City Attorney stated this item is before the Com- mission mainly for informational purposes. Included in the earnings calculations are types of things that have been included in earnings. Things not included as earnings are certain certi- fication pays, for example, paramedic certification pay among others. The Pension Board apparently requested that the City recalculate how earnings are figured, including the certifica- tions. The City Attorney's office believe it is a mandatory -6- subject of bargaining and that a financial impact statement is needed to determine if these are feasible. The City Manager commented that the Pension Board directed the Finance Director to do this recalculating. He stated that an amendment to the Code can be drafted, making it clear that these types of pay are not included, if the Commission would like. Mayor Lynch stated he did not feel it necessary to act at this time. The City Manager stated that he feels it is especially important to bargain at this point, since the City is not now deducting the employees share of the pension contribu- tions from these types of pays. He also commented that the Finance Director works for him, not the Pension Board, and he would like to know that he has the support of the Commission on the position that he has taken. The Commission concurred in that the term "earnings" in the Code includes the fact that bonuses take into consideration accreditation or educational bonuses being paid by the City. 9.E. CANCELLATION OF CONTRACT WITH FALKAV, INC, I The Com- mission is to consider canceling the contract with Falkav, Inc., for the construction of the tennis center and authorizing staff to notify the bonding company. City Attorney recommends approv- al. Ralph Hayden, City Engineer, stated that Falkav, Inc. put the City on notice that they are in financial difficulty and permission to go to the Bonding Company is now being requested by staff. The City Manager stated his concern is that the Bonding Company has given direction that should the City not follow direction, we might be in danger of losing the Bond. The City Attorney suggested postponing this item until such time as she has an opportunity to speak with the Bonding Company. Discussion followed. Dr. Alperin moved for approval to remit two letters which are attached to the backup material, seconded by Mr. Ran- dolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 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. 33-93: Ordinance No. 33-93, amending the Code of Ordinances to provide that service authorizations under a continuing contract which refer to a separate and distinct --7-- project under $10,000 may be entered into by the City Manager without City Commission review, acceptance, approval or separate award, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. Approval is recommended. The City Manager presented Ordinance No. 33-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSAC- TIONS'', SUBHEADING "CHANGE ORDERS AND CON- TRACT MODIFICATIONS", SECTION 36.12, "CHANGE ORDERS OR CONTRACT MODIFICATIONS; NONCONSTRUCTION", SUBSECTION 36.12(B), AND SECTION 36.13, "CHANGE ORDERS OR CONTRACT MODIFICATIONS; CONSTRUCTION CONTRACTS', TO PROVIDE THAT SERVICE AUTHORIZATIONS UNDER A CONTINUING CONTRACT WHICH REFER TO A SEPARATE AND DISTINCT PROJECT UNDER $10,000 MAY BE ENTERED INTO BY THE CITY MANAGER WITHOUT CITY COMMISSION REVIEW, ACCEPTANCE, APPROVAL OR SEPARATE AWARD; PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 33-93 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 compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Alice Fins,, 707 Place Tavant, questioned why this is being put in writing now. She feels confident with Mr. Harden; however, should he leave, she does not feel the protection will be there. She would like to see this remain as is. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 33-93 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Before roll call the following discussion was had: Mayor Lynch expressed his agreement with Ms. Finst. He supports the Ordinance while the current City Manager remains, but feels this needs to be evaluated when he is no longer the City Manager. Mr. Ellingsworth questioned if it would be proper to review this ordinance at the end of a year or for a specific period of time. The City Attorney commented that a review could --8-- be scheduled at the time of the Organizational Meeting or at the Annual Meeting. Dr. Alperin expressed the feeling that should the Commission not feel confident with future City Managers in this area, they should not be chosen to fill that capacity. Dr. Alperin amended his motion to include the yearly review; Mr. Ellingsworth amended his second. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 1 vote. 10.B. ORDINANCE NO. 34-93: Ordinance No. 34-93, amending the Code of Ordinances to provide clarification that the City Manager or his designee may execute certain contracts regarding the acquisition of personal property, supplies, contractual services, change orders, service authorizations and modifications thereof in instances where by ordinance a public hearing or review, award, selection or approval by the City Commission is not re- quired, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. Approval is recommended. The City Manager presented Ordinance No. 34-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSAC- TIONS'', SECTION 36.01, "COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS", BY RELETTERING THE FIRST PARAGRAPH SUBSECTION (A) AND BY ENACTING A NEW SUBSECTION 36.01(B), TO PROVIDE CLARIFICATION THAT THE CITY MANAGER OR HIS DESIGNEE MAY EXECUTE CERTAIN CONTRACTS REGARDING THE ACQUISITION OF PERSONAL PROPERTY, SUPPLIES, CONTRACTUAL SERVICES, CHANGE ORDERS, SERVICE AUTHORIZA- TIONS AND MODIFICATIONS THEREOF IN INSTANCES WHERE BY ORDINANCE A PUBLIC HEARING OR RE- VIEW, AWARD, SELECTION OR APPROVAL BY THE CITY COMMISSION IS NOT REQUIREDL PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 34-93 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 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. -9- Mr. Randolph moved for the adoption of Ordinance No. 34-93 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - No; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. 10,C, ORDINANCE NO, 35-95; Ordinance No. 35-93, amending the Land Development Regulations to delete the reference to Stormwater Management and amending the Code of Ordinances to provide for the payment and collection of Stormwater Management Assessments under the interim and uniform method of collection, is before the Commission for consideration on Second and FINAL Reading. 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. Approval is recommended. The City Manager presented Ordinance No. 35-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 8, "SPECIAL IMPLEMENTATION PROGRAMS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY REPEALING SECTION 8.4.16, "STORMWATER MANAGEMENT ASSESSMENTS", AND BY AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 56, "STORMWATER", SECTION 56.19, "STORMWATER MANAGEMENT ASSESSMENT LIEN", BY RENAMING THE SECTION "STORMWATER ASSESSMENT LIENS; EN- FORCEMENT'', BY AMENDING SECTION 56.19(A) TO PROVIDE FOR ENFORCEMENT OF DELINQUENT LIENS, BY AMENDING SECTION 56.21, "INTERIM METHOD OF COLLECTION", AND BY AMENDING SECTION 56.22, "UNIFORM METHOD OF COLLECTION", BY ADDING SUBSECTIONS E, F AND G TO PROVIDE FOR THE PAYMENT AND COLLECTION OF STORMWATER MANAGE- MENT ASSESSMENTS UNDER THE INTERIM AND UNI- FORM METHODS OF COLLECTION, RESPECTIVELY, BY ENACTING A NEW SECTION 56.23, "STORMWATER ASSESSMENT PROCESS", TO PROVIDE FOR A PUBLIC HEARING FOR THE PURPOSE OF ESTABLISHING A BUDGET, ADOPTING RATES AND FOR THE PREPARA- TION, CERTIFICATION AND ADOPTION OF A STORMWATER ASSESSMENT ROLL, AND TO PROVIDE THAT INDIVIDUAL NOTICES TO PROPERTY OWNERS ARE NOT REQUIRED EXCEPT IN INSTANCES WHERE IT IS MANDATED BY STATE LAW, AND BY RENUMBERING FORMER SECTIONS 56.23, 56.24, 56.25; PROVID- ING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 35-93 is on file in the official Ordinance Book) -10- 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. Dr. Alperin moved for the adoption of Ordinance No. 35-93 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 36-93; Ordinance No. 36-93, rezoning and placing land presently zoned CBD (Central Business District) in CF (Community Facilities) district; said land being located at the southwest corner of N.E. 4th Avenue and N.E. 3rd Street, in conjunction with the In-Line Booster Station project, is before the Commission for consideration on Second and FINAL Rea~ing. 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. Approval is recommended. The City Manager presented Ordinance No. 36-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CBD (CENTRAL BUSINESS DISTRICT) IN CF (COMMUNITY FACILI- TIES) DISTRICT; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF N.E. 4TH AVENUE AND N.E. 3RD STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 36-93 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 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. Mr. Ellingsworth moved for the adoption of Ordinance No. 35-93 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 11, Comments and Inquiries on Non-Age~da Items from the Public-Immediately following Public Hearings. ll,A. City Manager's Response to Prior Public Comments and Inq~irigs. -11- ll.A.1. The City Manager stated there was an inquiry about changes to the east approach for left turns at Linton Boulevard and Military Trail. Staff has checked the construction plans; there are no intersection improvements associated with the four- laning work between Military Trail and Jog Road. Staff will contact the County Engineering Department with respect to the timing of intersection improvements and also inquire about the possibility of changes to the turn signal phasing to allow more time for the left turn movement. Usually, on requests of this type, it is quite awhile before a response is received because they have to do some studies. ll.A.2. The City Manager stated Commissioner Randolph had' raised a concern about the traffic signal timing at West Atlantic and 10th Avenues. Staff is now gathering field data regarding the operations of this signal and should have some additional information within a couple of weeks. ll,A,$o The City Manager stated that the six-laning of Atlantic Avenue, between Military Trail and Congress Avenue, has been deferred until after October 1, 1993. In asking that the City seek inclusion of a right-turn lane from Homewood Boulevard on to Atlantic Avenue, staff does not have any information at this point that would indicate that an inclusive right-turn lane is warranted. However, staff has reviewed the construction plans to ensure that the construction will not interfere with adding a right-turn lane in the future. ll,A,4. The City Manager stated there was a comment expressing concern about an article in the newspaper with reference to a $250.00 per day fine for a citizen who had not complied with the City's Code regulations. The City Code does provide that the Code Enforcement Board may impose fines not to exceed $250.00 per day, which is the maximum for non-compliance on initial viola- tions and up to $500.00 per day for repeat violations. The City Commission, however, has requested the Board to consider realis- tic fines that would not be compromised when compliance was achieved and to use stronger incentives to discourage repeat violations. A review of recent actions by the Code Enforcement Board reveals that fines in the range of $10.00 to $25.00 per week are actually being assessed and not $250.00 per day. The Board is more concerned with obtaining compliance than it is with assessing fines. ll,A,~, The City Manager stated there were also comments about two different items: 1) The five year plan, which had been submitted to the City by the Guardians, was received sometime in 1991. It did lay out a number of goals, quite a few of which the City has achieved; however, some of them are not really appropriate at this point. One goal was to hire a Black Police Chief or Deputy Police Chief. Staff does not feel that a Deputy Chief is war- ranted. The emphasis is on down-sizing the upper level manage- -12- ment in the department to create a more cost effective stream- lined operation. Testing and promotions were concerns, whether they were fair or not. When Chief Overman came on board, the October 1991 promotional tests were delayed until the whole testing procedure could be reviewed to ensure that it was rele- vant and fair. The review board composition was changed to include Blacks, Hispanics, and females. As a result of these changes four promotions were made within the ensuing months. One Black Lieutenant and one Black Sergeant were among those promot- ed. A Black officer currently stands as number one on the Sergeant's promotional list should an opening occur. The other thing requested was sensitivity training. Cultural diversity and sensitivity training was held for the entire department during August of 1992. In efforts to include this type of training on a yearly basis, Sgt. McCullom, the training officer, was sent to school to be certified as an instructor for Cultural Diversity. An effort will be made to develop other in-house instructors, through him, to conduct seminars on this subject so that the City has an on-going training in this area. A fourth request was for minorities to be included in specialized units. Minorities are currently assigned to the Narcotics Enforcement Section, the Metro Unit, TAC operations, the Entry Team, Community Policing, Field Training Officer, Internal Affairs and Criminal Investiga- tions. Those were goals for the first year with second year goals that included hiring more minorities. During the time Chief Overman has been here eight sworn officers have been hired, four of which are minorities. 2) There was also reference to a letter from the Department of Justice which made six suggestions for improvement in the City, four of which have been directly dealt with. One was the citizen complaint procedure, a large part of which was contained in the City's union contract. Staff did modify those procedures when the contract was renegotiated. The Police De- partment has a standing policy that all citizen complaints con- cerning officer misconduct will be taken and investigated. Training of all supervisors and managers has been accomplished on this subject and staff has made significant changes in format and recommendations in discipline procedures. Cultural awareness training and promotion procedures were also suggested in this report. The City Manager provided the Commission with a detailed written report on this matter. ll.A.6. The City Manager stated there was a citizen that was concerned about drainage problems she had experienced on N.W. 10th Avenue. Staff determined at the time her car was flooded out, the new drainage system in N.W. 10th Avenue was not complet- ed to the point where it would take care of the problem. Staff believes that has now been accomplished. ll.A.7, The City Manager stated Ms. Brown from Sunrise, Flori- da, had commented about Officer James Cook being on administra- tive leave and confined to his residence. When an employee in the Police Department is placed on administrative leave for which -13- they are being paid, they are asked to be in the residence, available where they can be contacted between 8 A.M. and 5 P.M., Monday through Friday. They are being paid for 40 hours per week, so staff feels this is a reasonable request. If they need to go somewhere or do something all they have to do is call in and they will be given time off, but they are no more confined than anyone who is working. It is not unique to Delray and Mr. Cook is not the first employee to come under this policy. il.B, FrQm ~h~ Public: ll.B.1, William Andrews, 801 Palm Trail, stated he has an office at 217 N.E. 4th Street and understands the Commission may have looked at widening N.E. 4th Street to four lanes. He would like to go on record as being vehemently opposed to that. He does not think the traffic count will ever warrant it. The area is 85% close to build-out. The more traffic put on this road the less desirable the area will become. Mayor Lynch stated the Commission only agreed to go to 2nd Avenue so it would not go any further at this stage. The City Manager interjected that the request was that it be extended to Federal Highway. Staff was directed to put in a Comprehensive Plan Amendment that will allow the City to extend N.E. 4th Street to Federal Highway. Mr. Andrews requested that he be notified when this item comes before the Commission. ll,B,2, Alic~ Finst, 707 Place Tavant, stated the First Floor Conference Room, in which the City Commission workshop meetings are held, has a 40 person occupancy sign on the wall. Many nights there are as many as 65 or 70 people crowded into that room. To alleviate the crowding situation, she suggests that the tables along the sides of the wall be taken down and that the space around the wall be used for chairs. If the 40-person occupancy limit is upheld, she suggests that speakers be put in the hallway or, that the Commission reconsider having meetings in that room when there are discussion items which will draw a large number of people. Mayor Lynch stated he was at a County meeting and noticed that the County Commission meets in Chambers with the table in front of the gallery elevated several feet which places it on an equal level with the Commission. He suggested the City Manager explore doing something like that so the Chamber could be used for workshop meetings. ll,B~3. Lillian Feldman, President Delray Breakfast Club, requested clarification from the City Manager with regard to the Atlantic Avenue widening. She stated this project has been postponed since 1989 and asked if there was something the City could do about that. She further stated that, as she goes through Boca Raton, she sees that roads are being taken care of -14- and questioned why the City of Delray cannot do something about this now. The City Manager stated this is a State project. Mrs. Feldman stated she had previously mentioned the Yucca plants in the median on Linton Boulevard, located just before the canal going east from Homewood Boulevard. To date, nothing has been done. Part of the plants were cut; however, they still look awful. The Yucca plants are overgrown and hang- ing over the tie that is supposed to be holding them. She sug- gested that the Yucca plants be removed and replaced with flower- ing trees. ll.B.4. Helen Coopersmi~h, 1222-D South Drive Way, stated Barwick Road has been closed for various reasons, in conjunction with the Middle School, with no notification. She thinks in the future, people need to be notified. She wanted to know who was responsible. The City Manager stated the responsibility lies with Palm Beach County. Mrs. Coopersmith stated people are very concerned with the same thing happening when Atlantic Avenue is being consid- ered, and she would like to know exactly when the construction on Atlantic Avenue will occur. The City Manager stated at this point the construction is deferred until after October 1st. ll.B,~, William J. Hegstrom, 225 N.E. 22nd Street, stated he has a problem with the Notice of Nonconforming Landscape that he received from the City. He thinks that the ordinance has been interpreted in such a way that he is being told to put in hedges, trees, sod and irrigation. There is not much hedge, because he does not want to trim it. When the Commission made the ordinance the word screening was used, now it is being interpreted as hedges. He wanted to register his objection. He also stated the people in Community Improvement had been very helpful. Mayor Lynch stated someone from the Community Improve- ment Department would be in contact with Mr. Hegstrom. ll,B.6, Arthur Jackel, 784 N.W. 25th Avenue, stated the $3.5 million tennis complex is being paid for in large part, by resi- dents through a utility tax. From the beginning, the City knew the tennis complex had to be used almost continuously by certain events which show a profit in order to avoid an annual operating deficit. It has been two months since the Virginia Slims Tourna- ment and a manager/promoter for the complex has not been hired. He suggests a manager/promoter be hired now. FIRST READINGS -15- 12.A. ORDINANCE NO. 38-93: Ordinance No. 38-93, amending the City's Code to provide for a one-time, five percent (5%) increase for Police and Fire retirees and beneficiaries of retirees who retired prior to October 1, 1990. If passed public hearing will be held May llth. Approval is recommended. The City Manager presented Ordinance No. 38-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.68, "SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM BENEFIT FOR MEMBERS WHO RETIRED PRIOR TO CERTAIN DATE" TO PROVIDE INCREASES IN BENEFIT LEVELS T~ CURRENT RETIREES AND BENEFICIARIES AND TO RETROACTIVELY PROVIDE INCREASES TO CERTAIN BENEFICIARIES, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 38-93 on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. At this point the Commission returned to the Regular Agenda. 9,F, SETTLEMENT 0FFER/GUARINE V, CITY OF DELRAY BEACH~ The Commission is to consider a settlement offer in the Guarine v. City of Delray Beach matter. City Attorney recommends approval. The City Attorney stated this is an action filed against the City for negligence and a Civil Rights 1983 Cause of Action. At this time the City Attorney's office recommends that the Commission approve the settlement as outlined in the memoran- dum. Dr. Alperin moved for approval of the settlement, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.~. CANCELLATION OF CONTRACT WITH DEE$ CONTRA~TIN~, INC.; THIS ITEM WAS D~LET~D. -16- 9.H, DISCUSSION REGARDING MOVEABLE FIXTURE ORDINANCE: The Commission is to consider the proposed revisions to the ordinance regulating moveable fixtures. Assistant City Attorney Tolces stated he furnished a memo to the Commission containing information regarding the revisions and would answer any questions they might have regard- ing the placement of newsracks. Upon question by Mayor Lynch, Assistant City Attorney Tolces advised that the Greenbook Standards that Greg Luttrell, Traffic Engineer, used in the original drafting of the ordinance, does provide guidance and support for the City's safety concerns. Discussion followed with regard to the pull off areas and the costs involved, if funded by the municipalities. Assistant City Attorney Tolces stated he is looking for direction from the Commission as to whether or not to bring the changes agreed upon back in ordinance form so it can be revised. The City Manager commented that staff will work with the City Attorney's office; however, Code Enforcement will be enforcing this ordinance and he feels they should also be involved in rewriting the ordinance. Dr. Alperin moved to defer this item until May 25, 1993, seconded by Mrs. Smith. Upon roll call the .Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. ~Said motion passed with a 5 to 0 vote. 10.I. APPOINTMENT TO THE POLICE AND FIRE PENSION BQA~Q OF TRUSTEES: THIS ITEM WAS DEFERRED TO MAY 11. 199~, 10~J. CANVASS RETURNS AND DECLARE RESULTS OF DQWNTOWN ~VEL- OPMENT AUTHORITY REFERENDUM ELECTION; The City Clerk reported that she has presented the certified cumulative total for the regular and absentee ballots showing the cumulative results of the Referendum Election con- cerning the expansion of the Downtown Development Authority as follows: REGULAR ABSENTEE TOTA~ YES (For Approval) 10 + 6 = 16 NO (Against Approval) ~ + Q = ~ Mr. Ellingsworth moved to approve the total votes for the Referendum Election and, based upon the above and foregoing, it is hereby declared that the Referendum Question pertaining to the expansion of the area lying within and under the jurisdiction of the Delray Beach Downtown Development Authority has been -17- approved by a majority of the eligible electors of the City of Delray Beach, Florida, voting at the election held on April 27, 1993, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 15, Comments and Inquiries on Non-Aqenda Items: 13.A.l~ Mr. Ellingsworth stated he received a memo from Mr. Mouw concerning life support. The City Manager stated he had seen the memo asking why Boynton Beach was doing this and the City of Delray was not. Boynton Beach has two fire stations, where Delray Beach has five. They also have less equipment. That is why they have a fire rating of five, while Delray Beach has a rating of three. They have three people assigned to every emergency medical service vehicle, while Delray Beach has two. If the City went into the transport business in Delray Beach the City would have to staff all of those vehicles with an additional person 24 hours a day. It would be very costly for the City to do. He will write a response back to Mr. Mouw. 13.A.2o Mr. Randolph stated the Commission just passed Ordi- nance No. 38-93 on First Reading and he failed to get the members and beneficiaries who were retired prior to October 1990. Had he caught this, he would have voted no to this ordinance. 13.A,3, Dr. Alperin had no comments. 13.A.4. Mrs. Smith commented that on the corner of Venetian Drive and E. Atlantic Avenue there is a very dangerous turn. She requested that the light signalization be looked at. People coming down Venetian Drive onto Atlantic Avenue come around the corner and pedestrians have a very difficult time getting across the street in that period of time. Mrs. Smith inquired when the beautification east of the Atlantic Avenue bridge will take place. The City Manager stated staff needs to start working on designs fairly soon, but no work will be done.until after the second half of the Decade of Excellence Bonds are sold. Beauti- fication will probably occur during the summer of next year. 13.A.5. Mayor Lynch inquired if the City has the capacity to draw up an in-house brochure of some of the things that have happened in the City in the last couple of years, like sewer and water projects, etc. Mayor Lynch questioned if something can be done in-house that could be passed out to people so they can have a better understanding of what is happening in the City. -18- Mayor Lynch stated he had several people call after the article appeared about some people who are living under the Linton Bridge. Now that the City is aware of this, he feels it should be addressed by staff. The City Manager stated his thought was to get with the Homeless Coalition of Palm Beach County and work with them to see if a place can be found where those people can stay. I~.B,1. The City Attorney had no comments. 13.C.1~ The City Manager had no comments. Mayor Lynch declared the meeting adjourned at 8:00 P.M. 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 April 27, 1993, which minutes were formally approved and adopted by the City Commission on Vg~ltz~ II 19Ckg C~ty Clerk NOTE TO 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. -19- N¥300 OIINv-I.L V day training session on disaster management. The National Fire Academy pays all the expenses, so there is very little expense to the City. The City Manager and the Chief are required to go together in order to gain admission to the training. Mayor Lynch declared the meeting adjourned at 9:30 P.M. ~city ~l~rk 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 April 13, 1993 which minu~s were formally approved and adopted by the City Commission - c ty Cl r-k NOTE TO 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. -32- 4/13/93